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Articles 2311 - 2340 of 2749
Full-Text Articles in Entire DC Network
Couriers Without Luggage: Negotiable Instruments And Digital Signatures, Jane Kaufman Winn
Couriers Without Luggage: Negotiable Instruments And Digital Signatures, Jane Kaufman Winn
Articles
Prior to the very recent explosion of interest in the Internet, for decades electronic commerce had been conducted on a large scale over closed networks. Since the late 1960s, billions of dollars in funds transfers have been executed over networked computer systems such as the Federal Reserve Wire Network (Fedwire), Clearing House Interbank Payment System (CHIPS), and the automated clearing house system (ACH); billions of dollars of goods have been sold over electronic data interchange networks. These closed, proprietary networks were built during the era of mainframe computer systems and are now being challenged by open networks of distributed client-server …
The Supreme Court, 1997 Term -- Leading Cases -- Federal Statutes And Regulations -- Americans With Disabilities Act -- Asymptomatic Hiv, Peter Nicolas
Articles
No abstract provided.
The Battle That Never Was: Congress, The White House, And Agency Litigation Authority, Neal Devins, Michael Herz
The Battle That Never Was: Congress, The White House, And Agency Litigation Authority, Neal Devins, Michael Herz
Articles
No abstract provided.
The Political Economy Of The Bankruptcy Reform Act Of 1978, Eric A. Posner
The Political Economy Of The Bankruptcy Reform Act Of 1978, Eric A. Posner
Articles
No abstract provided.
The Original Constitution And Its Decline: A Public Choice Perspective, John O. Mcginnis
The Original Constitution And Its Decline: A Public Choice Perspective, John O. Mcginnis
Articles
Public choice offers an analysis of the Constitution that is broadly consonant with an important aspect of the Framers' own approach. The Framers' values were those largely of the Scottish enlightenment: they believed in progress of civilization-the accumulation of wealth and knowledge. In order to create a structure of society that would accomplish these ends, they relied on another Enlightenment axiom, namely that man is an object of natural science. By understanding the predictable manner in which individuals are likely to behave in given situations, the Framers could shape a constitution that would channel their behavior to meet their Enlightenment …
Testing Testing, Carl E. Schneider
Testing Testing, Carl E. Schneider
Articles
Last year, Congress passed the Ryan White Care Act Amendments of 1996. The amendments authorize ten million dollars for each fiscal year from 1996 through 2000 for counseling pregnant women on HIV disease, for "outreach efforts to pregnant women at high risk of HN who are not currently receiving prenatal care," and for voluntary testing for pregnant women. The amendments compromise a central question: whether prenatal and neonatal AIDS testing should be compelled. The compromise is complex. The director of the Centers for Disease Control and Prevention is instructed to establish a system for states to use to discover and …
Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri
Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri
Articles
No abstract provided.
Human Rights And The United Nations Convention On The Law Of The Sea, Bernard H. Oxman
Human Rights And The United Nations Convention On The Law Of The Sea, Bernard H. Oxman
Articles
No abstract provided.
Textualism And The Dead Hand Of The Past, Michael W. Mcconnell
Textualism And The Dead Hand Of The Past, Michael W. Mcconnell
Articles
No abstract provided.
Is Tobacco A Drug? - Administrative Agencies As Common Law Courts Regulations, Cass R. Sunstein
Is Tobacco A Drug? - Administrative Agencies As Common Law Courts Regulations, Cass R. Sunstein
Articles
Professor Cass Sunstein argues that the FDA has the authority to regulate tobacco products. He considers the text of the Federal Food, Drug, and Cosmetic Act, which supports the FDA assertion, and the context of its enactment, which argues against the FDA. He resolves the tension between text and context in favor of FDA jurisdiction by turning to the emerging role of administrative agencies. In modem government, he contends, administrative agencies have become America's common law courts, with the power to adapt statutory regimes to new facts and new values when the underlying statute is ambiguous. Professor Sunstein's Article, like …
Foreword: Holmes, Richard A. Posner
Why Quine Is Not A Postmodernist, Brian Leiter
Institutions And Interpretation: A Critique Of City Of Boerne V. Flores, Michael W. Mcconnell
Institutions And Interpretation: A Critique Of City Of Boerne V. Flores, Michael W. Mcconnell
Articles
No abstract provided.
The Rise And Fall Of Administrative Law, Richard A. Posner
The Rise And Fall Of Administrative Law, Richard A. Posner
Articles
No abstract provided.
The Modern Uses Of Ancient Law, Richard A. Epstein
Takings, Exclusivity And Speech: The Legacy Of Pruneyard V. Robins Exchange, Richard A. Epstein
Takings, Exclusivity And Speech: The Legacy Of Pruneyard V. Robins Exchange, Richard A. Epstein
Articles
No abstract provided.
Fables, Sagas, And Laws, Saul Levmore
The Problematics Of Moral And Legal Theory, Richard A. Posner
The Problematics Of Moral And Legal Theory, Richard A. Posner
Articles
In these Holmes Lectures, delivered a century after the publication of Oliver Wendell Holmes's great essay The Path of the Law, Judge Posner argues for an essentially Holmesian conception of the proper relations among modern normative moral philosophy ("academic moralism"), morality, and law. Academic moralism, he argues, lacks either the intellectual cogency or the emotional power to change people's beliefs or behavior; the power to do so resides in "moral entrepreneurs," which academic moralists emphatically are not. Academic moralism's lack of cogency disqualifies it to guide judicial decisionmaking even - in fact, especially - in cases involving controversial moral issues, …
Rational Choice, Behavioral Economics, And The Law, Richard A. Posner
Rational Choice, Behavioral Economics, And The Law, Richard A. Posner
Articles
No abstract provided.
Before Cyberspace: Legal Transitions In Property Rights Regimes, Richard A. Epstein
Before Cyberspace: Legal Transitions In Property Rights Regimes, Richard A. Epstein
Articles
No abstract provided.
Rethinking Legal Realism: Toward A Naturalized Jurisprudence, Brian Leiter
Rethinking Legal Realism: Toward A Naturalized Jurisprudence, Brian Leiter
Articles
No abstract provided.
The Association Of American Law Schools, Section On Mass Communications Law 1997 Annual Conference Panel: Sex, Violence, Children & The Media: Legal, Historical &Empirical; Perspectives, Lili Levi
Articles
No abstract provided.
Official Imaginations: Globalization, Difference, And State-Sponsored Immigration Discourses, Kunal M. Parker
Official Imaginations: Globalization, Difference, And State-Sponsored Immigration Discourses, Kunal M. Parker
Articles
No abstract provided.
How Law Constructs Preferences, Cass R. Sunstein
Which Risks First Rethinking Environmental Protection For The 21st Century, Cass R. Sunstein
Which Risks First Rethinking Environmental Protection For The 21st Century, Cass R. Sunstein
Articles
No abstract provided.
Behavioral Analysis Of Law, Cass R. Sunstein
Rodrigo's Fourteenth Chronicle: American Apocalypse Symposium: Bowers + Ten: Litigation, Legislation, And Community Activism, Richard Delgado
Rodrigo's Fourteenth Chronicle: American Apocalypse Symposium: Bowers + Ten: Litigation, Legislation, And Community Activism, Richard Delgado
Articles
No abstract provided.
Making Sausage: The Ninth Circuit's Opinion, Carl E. Schneider
Making Sausage: The Ninth Circuit's Opinion, Carl E. Schneider
Articles
As I write, the Supreme Court has just agreed to hear Compassion in Dying v. Washington and Quill v. Vacco, the two cases in which United States circuit courts of appeals held that a state may not constitutionally prohibit physicians from helping a terminally ill person who wishes to commit suicide to do so. These cases have already received lavish comment and criticism, and no doubt the Supreme Court's opinion will garner even more. Reasonably enough, most of this analysis addresses the merits of physician-assisted suicide as social policy. I, here, want to talk about how setting bioethical policy …
Defeating Environmental Law: The Geology Of Legal Advantage, William H. Rodgers, Jr.
Defeating Environmental Law: The Geology Of Legal Advantage, William H. Rodgers, Jr.
Articles
My talk today will: (1) introduce the metaphor of geology, (2) suggest to you that complexity has "gainers" as well as "losers," and (3) show you how environmental laws can be defeated by these twin engines of complexity and clever human adversaries.
[Third Annual Lloyd K. Garrison Lecture on Environmental Law.]
Latcrit Theory And The Post-Identity Era: Transcending The Legacies Of Color And Coalescing A Politics Of Consciousness, Mary I. Coombs
Latcrit Theory And The Post-Identity Era: Transcending The Legacies Of Color And Coalescing A Politics Of Consciousness, Mary I. Coombs
Articles
No abstract provided.