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Articles 1 - 30 of 55
Full-Text Articles in Entire DC Network
Judgment Proofing, Bankruptcy Policy, And The Dark Side Of Tort Liability, Charles W. Mooney Jr.
Judgment Proofing, Bankruptcy Policy, And The Dark Side Of Tort Liability, Charles W. Mooney Jr.
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No abstract provided.
Review Of: Graph Theory By Reinhard Diestel, Robert A. Beezer
Review Of: Graph Theory By Reinhard Diestel, Robert A. Beezer
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This article reviews the book "Graph Theory," by Reinhard Diestel.
The Hazards Of Legal Fine Tuning: Confronting The Free Will Problem In Election Law Scholarship, Michael A. Fitts
The Hazards Of Legal Fine Tuning: Confronting The Free Will Problem In Election Law Scholarship, Michael A. Fitts
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No abstract provided.
Constructions Of Client Competence And Theories Of Practice, Robert Rubinson
Constructions Of Client Competence And Theories Of Practice, Robert Rubinson
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An entrenched stereotype about the elderly is that they inevitably experience a progressive decline in cognitive function - what the Article calls the "idea of decrement." The vast majority of elderly, however, do not experience declining competence for most or all of their lives. Nevertheless, attorneys interpret much of what elderly clients say and do as the product of cognitive impairment, and sometimes even the elderly themselves construct stories about the world and their circumstances in line with the idea of decrement. These attitudes and social constructions, interacting in complex ways, can distort the ability of attorneys to represent elderly …
Proving The Obvious: The Antitrust Laws Were Passed To Protect Consumers (Not Just To Increase Efficiency), Robert H. Lande
Proving The Obvious: The Antitrust Laws Were Passed To Protect Consumers (Not Just To Increase Efficiency), Robert H. Lande
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Sometimes an entire field goes astray. When its dominant members make a major mistake, an opportunity arises for someone to say, "The emperor has no clothes." This is what happened to the antitrust world during much of the 1970s and 1980s. These circumstances gave me the opening and motivation to write the article that appeared in the Hastings Law Journal in 1982 (Wealth Transfers as the Original and Primary Concern of Antitrust: The Efficiency Interpretation Challenged, hereafter Wealth Transfers).
Untitled - In Reply, James C. Evans
Untitled - In Reply, James C. Evans
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This article is an untitled letter to the editor that addresses his previous article "Fraud and Illusion in the Anti-Newtonian Rear Guard: The Coultaud-Mercier Affair and Bertier's Experiments, 1767-1777" (1996).
Coercing Privacy, Anita L. Allen
Rules, Responsibility And Commitment To Children: The New Language Of Morality In Family Law, Jane C. Murphy
Rules, Responsibility And Commitment To Children: The New Language Of Morality In Family Law, Jane C. Murphy
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Part One of this Article explores the meaning of morality by briefly reviewing a variety of attempts to explore the meaning of moral conduct. This Section draws on a variety of contemporary moral philosophers who have built on the classical tradition to develop a broader definition of moral behavior. This discussion provides a context for the current debate about the meaning of morality in family law and moral discourse in the no-fault era. Part One also reviews the historical debate about how law should strike a balance between promoting communitarian values and respecting autonomy and individual rights. The Article argues …
Substance Abuse, Families, And Unified Family Courts: The Creation Of A Caring Justice System, Barbara A. Babb, Judith D. Moran
Substance Abuse, Families, And Unified Family Courts: The Creation Of A Caring Justice System, Barbara A. Babb, Judith D. Moran
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This article proposes an approach to family law decision-making tailored to assist families plagued by substance abuse. Substance abuse is linked to social, health, and economic problems facing Americans today and is a factor for a substantial number of family law litigants. By failing to address substance abuse issues, the family repeatedly may need to seek court intervention. The unified family court model is the concept of a single court that coordinates the work of independent agencies and tribunals, each with some limited role in resolving the problems incident to a family's legal matters. Professor Babb has created an interdisciplinary …
The Kantian Theory Of Public International Law, Mortimer N.S. Sellers
The Kantian Theory Of Public International Law, Mortimer N.S. Sellers
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No abstract provided.
Europe And The Globalization Of Antitrust Law, David J. Gerber
Europe And The Globalization Of Antitrust Law, David J. Gerber
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No abstract provided.
Still Adjusting To Markman: A Prescription For The Timing Of Claim Construction Hearings, William Lee, Anita Krug
Still Adjusting To Markman: A Prescription For The Timing Of Claim Construction Hearings, William Lee, Anita Krug
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In Markman v. Westview Instruments, Inc., the Supreme Court held that the interpretation of patent claims is a question of law to be determined by the court rather than a question of fact to be decided by the jury. The Court based its holding on the belief that judges are better suited than juries to address claim interpretation issues and that claim interpretation by the court would result in greater uniformity in the treatment of patents. The Markman decision, however, has confronted the district courts with a host of thorny questions, such as what evidence they may consider in their …
Controversial Speakers On Campus: Liberties, Limitations, And Common-Sense Guidelines, Kenneth Lasson
Controversial Speakers On Campus: Liberties, Limitations, And Common-Sense Guidelines, Kenneth Lasson
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"Veritas vos liberabit," chanted the scholastics of yesteryear. The "truth will set you free," echo their latter-day counterparts in the academy, intoning the mantra reverentially but with increasingly more hope than confidence, more faith than conviction.... The real world of the academy, of course, is not quite that wonderful, nor nearly as bad as many would suggest. The ironies become palpable, however, when those self-same institutions, which almost universally view themselves as bastions of free speech, instead stifle debate that is perceived as politically incorrect or otherwise embarrassing. Academic administrators naturally shy away from conflict and contention. They shun controversy. …
Justice And Rule Of Law In International Relations, Mortimer N.S. Sellers
Justice And Rule Of Law In International Relations, Mortimer N.S. Sellers
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No abstract provided.
Domestic Violence, Substance Abuse And Child Welfare: The Legal System's Response, Jane C. Murphy, Margaret J. Potthast
Domestic Violence, Substance Abuse And Child Welfare: The Legal System's Response, Jane C. Murphy, Margaret J. Potthast
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This Article begins by exploring and documenting the connections between domestic violence, substance abuse, and child abuse. Part II of the Article examines the legal system's response to child protection cases in which maternal abuse and, in some cases, substance abuse are present. This section begins by describing the shifting theories underlying child welfare in this country. It then contrasts these theories with child welfare practice by reporting the results of a study of eighty-five Child in Need of Assistance (CINA) cases in four jurisdictions in Maryland. Although the study examines a limited sample, the cases examined confirm the strong …
Managed Care And Mental Health: Clinical Perspectives And Legal Realities, Jesse Goldner
Managed Care And Mental Health: Clinical Perspectives And Legal Realities, Jesse Goldner
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Managed care is beginning to dominate the delivery of mental health services. The Article reviews limitations on managed care's ability to deal adequately with mental illness. It discusses empirical and other research examining the use of primary care providers as gatekeepers and it explores utilization review mechanisms, focusing particularly on providers' responses to UR. The impact on quality, access and continuity of care on discrete populations is analyzed. The article then surveys a variety of legal issues in the regulation of managed care, particularly as they apply to the provision of mental health services. These include ERISA, parity and liability …
Threats And Preemptive Practices, Claire Oakes Finkelstein
Threats And Preemptive Practices, Claire Oakes Finkelstein
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No abstract provided.
Filters And The First Amendment, R. Polk Wagner
Filters And The First Amendment, R. Polk Wagner
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Internet content filters -- promising a technological solution to the uniquely social problem of widespread availability of adults-only content on the Internet -- appear to shift the debate over control of "cyberporn" from the legislative to the technical. Yet a growing number of commentators are expressing serious reservations about the free speech implications of filters. In this Article, I note that the ever-changing relationship between technology, network economics, and legal doctrine in the new economic and ideological marketplace of Cyberspace will fundamentally impact any constitutional analysis. I argue that the existing literature's analytic reliance on expansive concepts of state action …
Unnecessary Adversaries At The End Of Life: Mediating End-Of-Life Treatment Disputes To Prevent Erosion Of Physician-Patient Relationships, Robert Gatter
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Professor Gatter estimates that institutional ethics consultation processes are used to resolve as many as 13,500 end-of-life treatment (EOLT) disputes each year. Despite this sizable case load, the law has largely ignored the method of dispute resolution used to address EOLT disagreements. This article argues that, at the stage when an ethics consultation is requested in an EOLT dispute, mediation is the most appropriate method for attempting to resolve that dispute. This article challenges current wisdom that mediation is inappropriate for addressing disputes between physicians and patients. The challenge is based on four key points. First, EOLT disputes between physicians …
In Vento Scribere: The Intersection Of Cyberspace And Patent Law, Max Oppenheimer
In Vento Scribere: The Intersection Of Cyberspace And Patent Law, Max Oppenheimer
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No abstract provided.
Drug Treatment Courts: Evolution, Evaluation, And Future Directions, Gloria Danziger, Jeffrey Kuhn
Drug Treatment Courts: Evolution, Evaluation, And Future Directions, Gloria Danziger, Jeffrey Kuhn
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No abstract provided.
Is There A Caring Crisis?, Amy L. Wax
The Scope Of Private Securities Litigation: In Search Of Liability Standards For Secondary Defendants, Jill E. Fisch
The Scope Of Private Securities Litigation: In Search Of Liability Standards For Secondary Defendants, Jill E. Fisch
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Recent federal court decisions have struggled to apply the Supreme Court's decision in Central Bank v. First Interstate to determine when outside professionals should be held liable as primary violators under section IO(b) of the Securities Exchange Act. In keeping with the Court's current interpretive methodology, Central Bank and its progeny employ a textualist approach. In this Article, Professor Fisch argues that literal textualism is an inappropriate approach for interpreting the federal securities laws generally and misguided in light of legislative developments post-dating the Central Bank decision. Instead, Professor Fisch advocates an approach that weighs Congress 's recent endorsement of …
Speaking Truth To Powerlessness, Howard Lesnick
Speaking Truth To Powerlessness, Howard Lesnick
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No abstract provided.
The Legalization Of The Presidencey: A Twenty-Five Year Watergate Retrospective, Michael A. Fitts
The Legalization Of The Presidencey: A Twenty-Five Year Watergate Retrospective, Michael A. Fitts
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No abstract provided.
Not So Hard (And Not So Special), After All: Comments On Zimring's "The Hardest Of The Hard Cases", Stephen J. Morse
Not So Hard (And Not So Special), After All: Comments On Zimring's "The Hardest Of The Hard Cases", Stephen J. Morse
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No abstract provided.
The Effect Of Offer-Of-Settlement Rules On The Terms Of Settlement, Lucian Arye Bebchuk, Howard F. Chang
The Effect Of Offer-Of-Settlement Rules On The Terms Of Settlement, Lucian Arye Bebchuk, Howard F. Chang
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No abstract provided.
The Architecture Of Judicial Independence, Stephen B. Burbank
The Architecture Of Judicial Independence, Stephen B. Burbank
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No abstract provided.
Preempting Oneself: The Right And The Duty To Forestall One's Own Wrongdoing, Leo Katz
Preempting Oneself: The Right And The Duty To Forestall One's Own Wrongdoing, Leo Katz
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Economists and philosophers working on problems of rational choice have for some time been concerned with various puzzles raised by so-called "Ullysean" configurations: actors who rationally cause themselves to act irrationally. (e.g., the person who swallows Thomas Schelling's famous irrationality pill to preempt an attempted robbery). What has attracted less attention is that these configurations present fascinating problems for morality, most especially for non-consequentialist morality. This article undertakes the exploration of some of these problems and the implications they hold for the morality of preemptive detention, preemptive self-defense, the creation of prophylactic crimes (like our drug laws) and a variety …
Lying To Protect Privacy, Anita L. Allen
Lying To Protect Privacy, Anita L. Allen
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No abstract provided.