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Articles 2401 - 2430 of 2749
Full-Text Articles in Entire DC Network
Ten Arguments Against Hate-Speech Regulation: How Valid Symposium: Political Correctness In The 1990'S And Beyond, Richard Delgado, Jean Stefancic
Ten Arguments Against Hate-Speech Regulation: How Valid Symposium: Political Correctness In The 1990'S And Beyond, Richard Delgado, Jean Stefancic
Articles
No abstract provided.
Opinion Letter As To The Patentability Of Certain Inventions Associated With The Identification Of Partial Cdna Sequences, Rebecca S. Eisenberg, Robert P. Merges
Opinion Letter As To The Patentability Of Certain Inventions Associated With The Identification Of Partial Cdna Sequences, Rebecca S. Eisenberg, Robert P. Merges
Articles
You have asked for our legal opinion on the patentability of inventions claimed in U.S. patent applications 07/716,831, filed June 21, 1991 (the '831 application, or .'831"), 07/837,195, filed September 25, 1992 ("'195"), and 07/952,911, filed February 12, 1993 (."911"), all filed in the name of Craig Venter and others and assigned to the National Institutes of Health "(NIH)." We understand that NIH has abandoned these patent applications and has no present intention of filing similar applications in the future, but that NIH remains interested in the patenting of human DNA sequences from a broader public policy perspective. We have …
Bora Laskin And The Legal Process School, Paul Horwitz
The Speech We Hate: First Amendment Totalism, The Aclu, And The Principle Of Dialogic Politics, Richard Delgado, David H. Yun
The Speech We Hate: First Amendment Totalism, The Aclu, And The Principle Of Dialogic Politics, Richard Delgado, David H. Yun
Articles
No abstract provided.
Upward Contempt, William I. Miller
Upward Contempt, William I. Miller
Articles
Contempt and shame go hand in hand. Actions that should shame us, styles of self-presentation that should humiliate us if we are socially competent enough to have such a purchase on ourselves, are those actions and styles that generate and justify the contempt of others for us. Or, changing the causal order: one's contempt of us will generate shame or humiliation in us if we concur with the judgment of our contemptibility, that is, if the contempt is justified, or indignation and even vengeful fury if it is unjustified. Contempt is thus a mechanism of ranking people or of contesting …
Deception, Self-Deception, And Myth: Evaluating Long-Term Environmental Settlements, William H. Rodgers, Jr.
Deception, Self-Deception, And Myth: Evaluating Long-Term Environmental Settlements, William H. Rodgers, Jr.
Articles
This paper draws upon six famous settlements that are known in various degrees to students of environmental law. Three are a matter of deep history: the 1970 Environmental Defense Fund settlement that led the last manufacturer of DDT in the U.S. to cease discharges into the Los Angeles sewer system and thence into Santa Monica Bay, the Kepone settlement of the mid-70s that followed in the wake of Judge Merhige's initial assessment of a record-breaking criminal fine of $13.24 million, and the Hudson River settlement of the early 1980s in which environmentalists gave up demands for cooling towers on several …
Deception, Self-Deception, And Mythology: The Law Of Salmon In The Pacific Northwest, William H. Rodgers, Jr.
Deception, Self-Deception, And Mythology: The Law Of Salmon In The Pacific Northwest, William H. Rodgers, Jr.
Articles
This paper will present a Puritan Model of the Law of Lies, which is a prominent (but by no means only) model observable in U.S. law. We will then turn to the underpinnings in evolutionary theory of deception and self-deception. We will next apply these concepts to the worlds of salmon law and policymaking, which are marked conspicuously by evidences of deceit. Some conclusions will be offered on how deceit and self-deception are addressed in the law. We will conclude with some distinctions between the laws of deception and self-deception.
For the most part, our deceptions are governed by the …
The First Amendment's Challenge Function And The Confusion In The Supreme Court's Contemporary Free Exercise Jurisprudence, Marci A. Hamilton
The First Amendment's Challenge Function And The Confusion In The Supreme Court's Contemporary Free Exercise Jurisprudence, Marci A. Hamilton
Articles
No abstract provided.
The Partial Republican, John O. Mcginnis
Liberty And Property: Lord Bramwell And The Political Economy Of Liberal Jurisprudence Individualism, Freedom, And Utility, David Abraham
Liberty And Property: Lord Bramwell And The Political Economy Of Liberal Jurisprudence Individualism, Freedom, And Utility, David Abraham
Articles
No abstract provided.
Discussion And Decisions: A Proposal To Replace The Myth Of Self-Rule With An Attorneyship Model Of Representation, Marci A. Hamilton
Discussion And Decisions: A Proposal To Replace The Myth Of Self-Rule With An Attorneyship Model Of Representation, Marci A. Hamilton
Articles
The traditional model used by legal scholars to describe our system of representative democracy seeks to justify representation as a fulfillment of the self-rule ideal Many scholars, however, have argued that certain features of the modem legislative process undermine self-rule, and have proposed means by which judicial review can correct legislative failures and restore self-rule to primacy. Drawing on German philosopher Carl Schmitt's critique of parliamentary democracy in Weimar Germany, Professor Hamilton posits that scholarly attempts to reconcile self-rule with representative democracy are misguided. Representation based on self-rule will inevitably lead to interest-group politics, resulting in meaningless and endless debate …
Marriage, Morals, And The Law: No-Fault Divorce And Moral Discourse, Carl E. Schneider
Marriage, Morals, And The Law: No-Fault Divorce And Moral Discourse, Carl E. Schneider
Articles
In this Essay, I want to reflect on no fault-divorce and the social attitudes that underlie it. In particular, I want to consider that reform in light of an article I wrote some years ago entitled Moral Discourse and the Transformation of American Family Law. There I argued that in recent years the language of American family law has changed notably: today family law issues are decreasingly discussed in the language of morality. In other words, legal institutions have decreasingly talked about those issues in moral terms. Rather, they have tended to avoid handling some moral issues altogether-often by …
A Cd-Rom Based Agricultural Information Retrieval System, H W. Beck, P H. Jones, Dennis G. Watson
A Cd-Rom Based Agricultural Information Retrieval System, H W. Beck, P H. Jones, Dennis G. Watson
Articles
An information retrieval system for agricultural extension was developed using CD-ROM technology as the primary medium for information delivery. Object-oriented database techniques were used to organize the information. Conventional retrieval techniques including hypertext, fulltext searching, and relational databases, and decision support programs such as expert systems were integrated into a complete package for accessing information stored on the CDROM. A multimedia user interface was developed to provide a variety of capabilities including computer graphics and high-resolution digitized images. Information for the disk was gathered and entered using extension publications which were tagged using an SGML-based document markup language. The fully …
Grizzly Bear Recovery In Idaho, Dale D. Goble
Practicing Community (Book Review), Anthony V. Alfieri
Reproductive Hazards After Johnson Controls, Mary E. Becker
Reproductive Hazards After Johnson Controls, Mary E. Becker
Articles
No abstract provided.
Introduction: Baron Bramwell At The End Of The Twentieth Century, Richard A. Epstein
Introduction: Baron Bramwell At The End Of The Twentieth Century, Richard A. Epstein
Articles
No abstract provided.
Security Interests Reconsidered, Douglas G. Baird
Of Richard Epstein And Other Radical Feminists, Mary Anne Case
Of Richard Epstein And Other Radical Feminists, Mary Anne Case
Articles
My goal in this discussion is to persuade all members of the Federalist Society that they are or should be feminists. I shall pursue this goal in two ways: first by setting forth an expansive definition of feminist jurisprudence; secondly by showing that anyone who combines the two commitments Richard Epstein urges on feminists-commitments to the descriptive message of sociobiology and to the normative message of libertarianism-must inevitably be, not merely a feminist, but a very radical feminist indeed. In short, feminism is for everyone, especially for Richard Epstein.
The Moral And Practical Dilemmas Of An Underground Economy, Richard A. Epstein
The Moral And Practical Dilemmas Of An Underground Economy, Richard A. Epstein
Articles
No abstract provided.
Epstein On His Own Grounds, Richard H. Mcadams
Epstein On His Own Grounds, Richard H. Mcadams
Articles
Forbidden Grounds fails to follow through on its own terms. Epstein invokes Thomas Hobbes but never considers the Hobbesian argument for Title VII; employs economic analysis without disclosing its dependence on controversial empirical assumptions; and makes empirical claims, particularly about social norms, without applying the standards of criticism to supporting evidence that he applies to contrary evidence.
For A Bramwell Revival, Richard A. Epstein
A Nation At Prayer, A Nation In Hate: Apartheid In South Africa, Tamara Rice Lave
A Nation At Prayer, A Nation In Hate: Apartheid In South Africa, Tamara Rice Lave
Articles
No abstract provided.
No Time For Trumpets: Title Vii, Equality, And The Fin De Siecle, D. Marvin Jones
No Time For Trumpets: Title Vii, Equality, And The Fin De Siecle, D. Marvin Jones
Articles
No abstract provided.
Homosexuality And The Constitution, Cass R. Sunstein
The First Amendment In Cyberspace, Cass R. Sunstein
The Ubiquity Of The Benefit Principle, Richard A. Epstein
The Ubiquity Of The Benefit Principle, Richard A. Epstein
Articles
No abstract provided.
Federalist Society Roundtable Discussion, Timothy Dyk, Robert Bork, Nadine Strossen, John O. Mcginnis, Theodore B. Olson
Federalist Society Roundtable Discussion, Timothy Dyk, Robert Bork, Nadine Strossen, John O. Mcginnis, Theodore B. Olson
Articles
This discussion took place at the National Press Club in Washington, D.C., on October 12, 1993.
Solving The Judgment-Proof Problem, Kyle D. Logue
Solving The Judgment-Proof Problem, Kyle D. Logue
Articles
A tortfeasor who cannot fully pay for the harms that it causes is said to be "judgment proof." Commentators have long recognized that the existence of judgment-proof tortfeasors seriously undermines the deterrence and insurance goals of tort law. The deterrence goal is undermined because, irrespective of the liability rule, judgment-proof tortfeasors will not fully internalize the costs of the accidents they cause. The insurance goal will be undermined to the extent that the judgment-proof tortfeasor will not be able to compensate fully its victims and that first-party insurance markets do not provide an adequate response. Liability insurance can ameliorate these …
'I Can Take A Hint': Social Ineptitude, Embarrassment, And The King Of Comedy, William I. Miller
'I Can Take A Hint': Social Ineptitude, Embarrassment, And The King Of Comedy, William I. Miller
Articles
The phrase "I can take a hint," when said seriously, contains its own denial. It reveals that the speaker has not been very adept at recognizing the hints already given, nor very graceful about not making a scene once he has recognized them. Its very utterance has the effect of punishing the hint-giver by making her hint fail as a hint. The truly successful hint works by gaining its end with no extra awkwardness added to the social encounter. The good hint should be barely perceived by the person toward whom it is directed. We could even say that it …