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Articles 2431 - 2460 of 2749
Full-Text Articles in Entire DC Network
Switching Time And Other Thought Experiments: The Hughes Court And Constitutional Transformation, Richard D. Friedman
Switching Time And Other Thought Experiments: The Hughes Court And Constitutional Transformation, Richard D. Friedman
Articles
For the most part, the Supreme Court's decisions in 1932 and 1933 disappointed liberals. The two swing Justices, Chief Justice Charles Evans Hughes and Justice Owen J. Roberts, seemed to have sided more with the Court's four conservatives than with its three liberals. Between early 1934 and early 1935, however, the Court issued three thunderbolt decisions, all by five-to-four votes on the liberal side and with either Hughes or Roberts writing for the majority over the dissent of the conservative foursome: in January 1934, Home Building & Loan Ass'n v. Blaisdell' severely limited the extent to which the Contracts Clause …
Everyman's Fourth Amendment: Privacy Or Mutual Trust Between Government And Citizen, Scott E. Sundby
Everyman's Fourth Amendment: Privacy Or Mutual Trust Between Government And Citizen, Scott E. Sundby
Articles
No abstract provided.
Democratic Credentials, Donald J. Herzog
Democratic Credentials, Donald J. Herzog
Articles
We've made a mistake, urges Bruce Ackerman. We've failed to notice, or have forgotten, that ours is a dualist democracy: ordinary representatives passing their statutes are in fact the democratic inferiors of We the People, who at rare junctures appear on the scene and affirm new constitutional principles. (Actually, he claims in passing that we have a three-track democracy.)' Dwelling lovingly on dualism, Ackerman doesn't quite forget to discuss democracy, but he comes close. I want to raise some questions about the democratic credentials of Ackerman's view. Not, perhaps, the ones he anticipates. So I don't mean to argue that …
Work And Play In Revising Article 9 (Symposium On The Revision Of Article 9 Of The Uniform Commercial Code), James J. White
Work And Play In Revising Article 9 (Symposium On The Revision Of Article 9 Of The Uniform Commercial Code), James J. White
Articles
For Professors Harris and Mooney the time has come to distinguish between work and play. Debating whether security is efficient is play. Revising Article 9 is work. Even Professor Schwartz does not argue for the abolition of Article 9; he merely reiterates the "puzzle" of secured credit and argues in his playful fashion that security might not be efficient.' Were it not for the fact that this debate might give us some insights about certain priority rules (such as those having to do with purchase money), it would be pure intellectual masturbation, a game with no purpose other than to …
Critical Race Theory: An Annotated Bibliography 1993, A Year Of Transition Bibliography, Richard Delgado, Jean Stefancic
Critical Race Theory: An Annotated Bibliography 1993, A Year Of Transition Bibliography, Richard Delgado, Jean Stefancic
Articles
No abstract provided.
Rodrigo's Final Chronicle: Cultural Power, The Law Reviews, And The Attack On Narrative Jurisprudence, Richard Delgado
Rodrigo's Final Chronicle: Cultural Power, The Law Reviews, And The Attack On Narrative Jurisprudence, Richard Delgado
Articles
No abstract provided.
The Death And Transfiguration Of Frye, Richard D. Friedman
The Death And Transfiguration Of Frye, Richard D. Friedman
Articles
The rule of Frye v. United States was seventy years old, and had long dominated American law on the question of how well established a scientific principle must be for it to provide the basis for expert testimony. Even after the passage of the Federal Rules of Evidence, several of the federal circuits, as well as various states, purported to adhere to Frye's "general acceptance" standard. But now, unanimously, briefly, and with no apparent angst, the United States Supreme Court has held in Daubert v. Merrell Dow Pharmaceuticals, Inc. that the Frye rule is incompatible with the Federal Rules.
The Seven Statutory Wonders Of U.S. Environmental Law: Origins And Morphology, William H. Rodgers, Jr.
The Seven Statutory Wonders Of U.S. Environmental Law: Origins And Morphology, William H. Rodgers, Jr.
Articles
Students from around the world often ask my opinion on the most influential or effective of the United States environmental laws. I offer an opinion based on two criteria: What laws have contributed most to protection of the natural world and what laws have been most emulated? The second criterion is obviously an indicator of output, not of direct consequence. However, a linkage between the spread of strong laws and degree of environmental protection is assumed.
In theory, of course, the questions of "how much protection" and "how many laws" can be answered empirically. But this story is available only …
Protection Of Biodiversity Under The Public Trust Doctrine, Ralph W. Johnson, William C. Galloway
Protection Of Biodiversity Under The Public Trust Doctrine, Ralph W. Johnson, William C. Galloway
Articles
The public trust doctrine is an ancient Roman legal doctrine that has been applied in both England and the United States. The doctrine traditionally addressed questions of public access to and use of commercially navigable waters for navigation, fisheries and various other uses of the underlying seabeds, lake bottoms, and riverbeds. In recent years, the public trust doctrine has been invoked to protect birds and other wildlife, water quality, ecological and environmental values, and different types of recreation. Although no public trust case has applied the doctrine to protect biodiversity per se, it seems clear by analogy to existing case …
Appropriation Art And The Imminent Decline In Authorial Control Over Copyrighted Works, Marci A. Hamilton
Appropriation Art And The Imminent Decline In Authorial Control Over Copyrighted Works, Marci A. Hamilton
Articles
No abstract provided.
Experts, Stories, And Information, Richard O. Lempert
Experts, Stories, And Information, Richard O. Lempert
Articles
In the infancy of the jury trial, there were no witnesses. The jury was self-informing. Members of the jury were drawn from the community. It was expected that they would know, either firsthand or on the basis of what they had heard, the true facts of any disputed incident, and they were gathered together to say what those facts were. Ronald Allen and Joseph Miller, in their insightful paper, see the ideal of the self-informing jury as very much alive today. Allen and Miller tell us that jurors ideally should experience firsthand the factual information needed to arrive at rational …
Nonrefundable Retainers Revisited, Lester Brickman, Lawrence A. Cunningham
Nonrefundable Retainers Revisited, Lester Brickman, Lawrence A. Cunningham
Articles
Amidst widespread public attention to fee abuses, a court recently held for the first time that nonrefundable retainers violate professional ethics. The court in In re Cooperman essentially adopted the argument of Professors Brickman and Cunningham that nonrefundable retainers are against public policy because they impair a client's right to discharge his attorney at any time without penalty. Because declaring such agreements unethical is tantamount, in the eyes of the practicing bar, to declaring them void, In re Cooperman has sparked a national outcry from those who profit from enforcing nonrefundable retainers. In this Article, Professors Brickman and Cunningham analyze …
Unfunded Mandates, Hidden Taxation, And The Tenth Amendment: On Public Choice, Public Interest, And Public Services, Edward A. Zelinsky
Unfunded Mandates, Hidden Taxation, And The Tenth Amendment: On Public Choice, Public Interest, And Public Services, Edward A. Zelinsky
Articles
Few contemporary issues concern state and local policymakers as intensely as unfunded mandates. Mayors, county executives, city councilmen, and the professional associations representing them routinely argue that the federal and state governments have, in recent years, imposed at an accelerating rate expensive requirements on municipalities without granting corresponding funds for compliance, thereby irresponsibly straining the fiscal capacity of municipalities, hampering their ability to provide essential services, and improperly infringing upon the scope of local control. The complaints of municipal policymakers have provoked a variety of proposals for restraining unfunded mandates: obligatory disclosure of the projected costs of proposed mandates, requirements …
Animal Rights: The Frontiers Of Compassion, Henry Spira
Animal Rights: The Frontiers Of Compassion, Henry Spira
Articles
No abstract provided.
Shackle & Hoist: The Power Of Alternatives, Henry Spira
Shackle & Hoist: The Power Of Alternatives, Henry Spira
Articles
Few things in the decades-old horror show of farm animal-suffering have bothered all of us quite so much as shackling and hoisting. It should come as a relief to animal protectionists that the curtain is finally beginning to fall on the last grisly scenes of this archaic practice.
While our ideal remains the non-violent dinner table, the reality is that eating habits lend to change slowly. In terms of the "three Rs" this means that adopting a meatless diet for ethical reasons (Replacement) remains our long-term goal. In the short term our best bet is to also focus on eating …
The Eagle Bird: Mapping A New West, Dale Goble
A Libel Story: Sullivan Then And Now (Reviewing Anthony Lewis, Make No Law: The Sullivan Case And The First Amendment (1991)), Elena Kagan
Articles
No abstract provided.
Irreversibility And The Law: The Size Of Firms And Other Organizations, Saul Levmore
Irreversibility And The Law: The Size Of Firms And Other Organizations, Saul Levmore
Articles
No abstract provided.
The Doubtful Constitutionality Of The Clinic Access Bill, Michael W. Mcconnell, Michael Stokes Paulsen
The Doubtful Constitutionality Of The Clinic Access Bill, Michael W. Mcconnell, Michael Stokes Paulsen
Articles
No abstract provided.
God Is Dead And We Have Killed Him: Freedom Of Religion In The Post-Modern Age, Michael W. Mcconnell
God Is Dead And We Have Killed Him: Freedom Of Religion In The Post-Modern Age, Michael W. Mcconnell
Articles
No abstract provided.
The Material Basis Of Jurisprudence, Richard A. Posner
Your Money Or Your Life: A Modest Proposal For Mandatory Pro Bono Services, Mary I. Coombs
Your Money Or Your Life: A Modest Proposal For Mandatory Pro Bono Services, Mary I. Coombs
Articles
No abstract provided.
Impoverished Practices, Anthony V. Alfieri
Half-Truths Of The First Amendment, Cass R. Sunstein
Incommensurability And Valuation In Law, Cass R. Sunstein
Incommensurability And Valuation In Law, Cass R. Sunstein
Articles
No abstract provided.
Words, Conduct, Caste, Cass R. Sunstein
Structuring The Separation Of Powers, Philip B. Kurland
Structuring The Separation Of Powers, Philip B. Kurland
Articles
No abstract provided.
Conflicting Values In Law, Cass R. Sunstein
Lucas V. South Carolina Coastal Council: A Tangled Web Of Expectations, Richard A. Epstein
Lucas V. South Carolina Coastal Council: A Tangled Web Of Expectations, Richard A. Epstein
Articles
No abstract provided.
Gathering Danger: The Urgent Need To Regulate Toxic Substances That Can Bioaccumulate, Richard L. Williamson Jr.
Gathering Danger: The Urgent Need To Regulate Toxic Substances That Can Bioaccumulate, Richard L. Williamson Jr.
Articles
No abstract provided.