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Articles 1 - 30 of 30
Full-Text Articles in Entire DC Network
Lawyering Askew: Excesses In The Pursuit Of Fees And Justice, Kenneth Lasson
Lawyering Askew: Excesses In The Pursuit Of Fees And Justice, Kenneth Lasson
All Faculty Scholarship
Lawyer-bashing in America has long been a national pastime, having somehow escaped the palliative of political correctness that has greatly diminished other scurrilous pursuits like Jewish-American-Princess-baiting and Polish-joking.
Much of the profession's negative image can be ascribed to the sheer number of people hanging out their shingles as attorneys at law - just about as many per capita as there are inmates currently serving time in all the state prisons. Lawyers are likewise chastised for the hard-sell hucksterism of their advertising, the exponential growth of their caseloads, and the endless upward spiral of their fee scales. No doubt such perceptions, …
Virtual Constitutions: The Creation Of Rules For Governing Private Networks, Michael I. Meyerson
Virtual Constitutions: The Creation Of Rules For Governing Private Networks, Michael I. Meyerson
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This article discusses the legal issues involving the owners of private computer networks. These issues include public/private network distinctions, First Amendment free speech issues, liability for computer network owners for improper speech posted on their networks, and anti-trust questions. The article analyzes the complexities that result from different forms of network ownership and the relationship of such networks to governmental entities.
Designing A Hybrid Income-Consumption Tax, Michael S. Knoll
Designing A Hybrid Income-Consumption Tax, Michael S. Knoll
All Faculty Scholarship
No abstract provided.
The Reluctant Partner: Making Procedural Law For International Civil Litigation, Stephen B. Burbank
The Reluctant Partner: Making Procedural Law For International Civil Litigation, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Video Depositions, Transcripts And Trials, Henry H. Perritt Jr.
Video Depositions, Transcripts And Trials, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
The Influence Of Ecological Science On American Law: An Introduction (With Fred P. Bosselman), A. Dan Tarlock
The Influence Of Ecological Science On American Law: An Introduction (With Fred P. Bosselman), A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
Foreword: The Meaning Of Gender Equality In Criminal Law, Dorothy E. Roberts
Foreword: The Meaning Of Gender Equality In Criminal Law, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
Symposium, Ecology And The Law (With A. Dan Tarlock) (Co-Editors), Fred P. Bosselman
Symposium, Ecology And The Law (With A. Dan Tarlock) (Co-Editors), Fred P. Bosselman
All Faculty Scholarship
No abstract provided.
The Influence Of Ecological Science On American Law: An Introduction In Symposium, Ecology And The Law (With A. Dan Tarlock), Fred P. Bosselman
The Influence Of Ecological Science On American Law: An Introduction In Symposium, Ecology And The Law (With A. Dan Tarlock), Fred P. Bosselman
All Faculty Scholarship
No abstract provided.
Constitutionalizing The Economy: German Neo-Liberalism, Competition Law And The "New" Europe, David J. Gerber
Constitutionalizing The Economy: German Neo-Liberalism, Competition Law And The "New" Europe, David J. Gerber
All Faculty Scholarship
No abstract provided.
Relationship Investing: Will It Happen? Will It Work?, Jill E. Fisch
Relationship Investing: Will It Happen? Will It Work?, Jill E. Fisch
All Faculty Scholarship
No abstract provided.
Why Pro Bono In Law Schools, Howard Lesnick
Why Pro Bono In Law Schools, Howard Lesnick
All Faculty Scholarship
No abstract provided.
The Limits Of Preference-Based Legal Policy, Herbert J. Hovenkamp
The Limits Of Preference-Based Legal Policy, Herbert J. Hovenkamp
All Faculty Scholarship
America's political institutions are built on the principle that individual preferences are central to the formation of policy. The two most important institutions in our system, democracy and the market, make individual preference decisive in the formation of policy and the allocation of resources. American legal traditions have always reflected the centrality of preference in policy determination. In private law, the importance of preference is reflected mainly in the development and persistence of common-law rules, which are intended to facilitate private transactions over legal entitlements. In constitutional law, the centrality of preference is reflected in the high position we assign …
A Property-Based Theory Of Security Interests: Taking Debtor's Choices Seriously, Steven L. Harris, Charles W. Mooney Jr.
A Property-Based Theory Of Security Interests: Taking Debtor's Choices Seriously, Steven L. Harris, Charles W. Mooney Jr.
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No abstract provided.
Are Criminal Codes Irrelevant?, Paul H. Robinson
Are Criminal Codes Irrelevant?, Paul H. Robinson
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After planning the effort for twenty years, the American Law Institute spent ten years debating and drafting a model criminal code. Twenty-eight drafters and forty-two advisors produced thirteen reports that were debated at eight annual meetings. Twenty years later, seven reporters with twenty-five advisors completed six volumes of official commentaries. This monumental drafting effort served as only the starting point for nearly two-thirds of the states that have recodified their criminal codes since the Model Penal Code was promulgated in 1962. In every instance a commission, legislative committee, or both, devoted additional time and energy redebating and revising the 1962 …
A Functional Analysis Of Criminal Law, Paul H. Robinson
A Functional Analysis Of Criminal Law, Paul H. Robinson
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The criminal law has three primary functions. First, it must define and announce the conduct that is prohibited (or required) by the criminal law. Such rules of conduct, as they have been called, provide ex ante direction to members of the community as to the conduct that must be avoided (or that must be performed) upon pain of criminal sanction. This may be termed the rule articulation function of the doctrine. When a violation of the rules of conduct occurs, the criminal law takes on a different role. It must decide whether the violation merits criminal liability. This second function, …
The Role Of Harm And Evil In Criminal Law: A Study In Legislative Deception?, Paul H. Robinson
The Role Of Harm And Evil In Criminal Law: A Study In Legislative Deception?, Paul H. Robinson
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What is the role of the occurrence of harm or evil in criminal law? What should it be? Answers to these questions commonly use the distinction between what is called an objective and a subjective view of criminality. To oversimplify, the objective view maintains that the occurrence of the harm or evil defined by the offense is highly relevant. The subjectivist view maintains that such harm or evil is irrelevant; only the actor's culpable state of mind regarding the occurrence of the harm or evil is important. The labels tend to overstate a rather subtle distinction. The objectivist or harmful …
"A Nation Of Thieves": Securing Black People's Right To Shop And To Sell In White America, Regina Austin
"A Nation Of Thieves": Securing Black People's Right To Shop And To Sell In White America, Regina Austin
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No abstract provided.
Constructing The Insurance Relationship: Sales Stories, Claims Stories, And Insurance Contract Damages, Tom Baker
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No abstract provided.
Deviance, Resistance, And Love, Dorothy E. Roberts
Deviance, Resistance, And Love, Dorothy E. Roberts
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No abstract provided.
On A New Theory Of Justice, William Ewald
On A New Theory Of Justice, William Ewald
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No abstract provided.
The Case Against Statutes Of Limitations For Stolen Art, Stephanos Bibas
The Case Against Statutes Of Limitations For Stolen Art, Stephanos Bibas
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No abstract provided.
The Roman Foundations Of European Law, William Ewald
The Roman Foundations Of European Law, William Ewald
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No abstract provided.
The Changing Nature Of The Bioethics Movement, Sandra H. Johnson
The Changing Nature Of The Bioethics Movement, Sandra H. Johnson
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Commemorating the thirtieth anniversary of the field of bioethics, this article analyzes the future of bioethics by identifying its role in intellectual history and classifying stages of its development.
Part I considers the formative role of Quinlan, where the New Jersey Supreme Court held that the withdrawal of medical treatment is legally permissible under some circumstances. Quinlan and its progeny established a legal framework for life-sustaining treatment decisionmaking, affirming the use of substituted judgment or best interests standards.
In Part II the article documents the framework shift brought by Cruzan, a high-profile case challenging a family’s authority to make medical …
Managed Competition, Integrated Delivery Systems And Antitrust, Thomas L. Greaney
Managed Competition, Integrated Delivery Systems And Antitrust, Thomas L. Greaney
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A central question confronting proponents of managed competition during the health reform debate in 1994 was whether competitive networks or integrated delivery systems would emerge. Under reformers’ vision, controlling costs depended on the emergence of a sufficient number of efficient and viable integrated delivery systems. Conversely, if one or a few integrated networks dominate the market for physician or hospital services, rivalry on the main issues of health care cost control would likely dissipate. This article argues that vigilant and sensible antitrust enforcement was also a prerequisite for the success of the managed competition model. Despite the considerable emphasis on …
A Contractual Approach To Data Privacy, Stephanos Bibas
A Contractual Approach To Data Privacy, Stephanos Bibas
All Faculty Scholarship
No abstract provided.
Controlling The Dark Side Of Relational Investing, Edward B. Rock
Controlling The Dark Side Of Relational Investing, Edward B. Rock
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No abstract provided.
"An Honest Living": Street Vendors, Municipal Regulation, And The Black Public Sphere, Regina Austin
"An Honest Living": Street Vendors, Municipal Regulation, And The Black Public Sphere, Regina Austin
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No abstract provided.
The Value Of Black Mothers' Work, Dorothy E. Roberts
The Value Of Black Mothers' Work, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
Book Review Of Gregory M. Matoesian, Reproducing Rape, Dorothy E. Roberts
Book Review Of Gregory M. Matoesian, Reproducing Rape, Dorothy E. Roberts
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No abstract provided.