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Articles 2461 - 2490 of 2749
Full-Text Articles in Entire DC Network
Moral Debate And Semantic Sleight Of Hand, J. David Bleich
Moral Debate And Semantic Sleight Of Hand, J. David Bleich
Articles
No abstract provided.
Purchase Money Under The Uniform Commercial Code, David G. Carlson
Purchase Money Under The Uniform Commercial Code, David G. Carlson
Articles
No abstract provided.
Regulating Tv Violence: An Analysis Of The Voluntary Code Regarding Violence In Television Programming, Paul Horwitz
Regulating Tv Violence: An Analysis Of The Voluntary Code Regarding Violence In Television Programming, Paul Horwitz
Articles
No abstract provided.
Rodrigo's Third Chronicle: Care, Competition, And The Redemptive Tragedy Of Race Review Dialogue, Richard Delgado
Rodrigo's Third Chronicle: Care, Competition, And The Redemptive Tragedy Of Race Review Dialogue, Richard Delgado
Articles
No abstract provided.
Darkness Made Visible: Law, Metaphor, And The Racial Self, D. Marvin Jones
Darkness Made Visible: Law, Metaphor, And The Racial Self, D. Marvin Jones
Articles
No abstract provided.
Scorn, Richard Delgado, Jean Stefancic
Scorn, Richard Delgado, Jean Stefancic
Articles
This article reviews examples of scornful contemptuous belittling or sarcastic language by judges addressing litigants who are poor marginalized or seeking to redress unfamiliar injuries Often courts employ language of this sort when dismissing cases that strike them as offthewall or when imposing Rule 11 sanctions for claims that seem to them frivolous The authors develop a theory to understand and limit sarcasm and satire to situations that genuinely call for them
Special Effects Photography, Andrew Davidhazy
Special Effects Photography, Andrew Davidhazy
Articles
Summary of a variety of special effect techniques originally the basis for a special effects section in the Focal Encyclopedia of Photography. Includes things like Sabattier, matte-box, stroboscopic, kaleidoscopic, bas-relief, and many others.
Social Justice And Fundamental Law: A Comment On Sager's Constitution, Terrance Sandalow
Social Justice And Fundamental Law: A Comment On Sager's Constitution, Terrance Sandalow
Articles
Professor Sager begins his very interesting paper by identifying what he considers a puzzling phenomenon: the Constitution, as interpreted by courts, is not coextensive with "political justice." "This moral shortfall," as he refers to it, represents not merely a failure of achievement, but a failure of aspiration: as customarily interpreted, the Constitution does not even address the full range of issues that are the subject of political justice. Sager regards that failure as surprising-so surprising that, in his words, it "begs for explanation."'
Where Environmental Law And Biology Meet: Of Pandas' Thumbs, Statutory Sleepers, And Effective Law, William H. Rodgers, Jr.
Where Environmental Law And Biology Meet: Of Pandas' Thumbs, Statutory Sleepers, And Effective Law, William H. Rodgers, Jr.
Articles
The purpose of this article is to introduce some of the recent findings of evolutionary biology to the legal community and to urge their consideration in developing a more effective law. As background, Part II of this article will present a brief evolutionary history of our own species.
Part III offers a primer on Darwin's theory of natural selection and the concept of adaptation, with special attention to the elaboration of altruism as it is known in modern biology. Part IV discusses maladaptation as a counterpoise to adaptation and underscores the notion with some stories from natural history on subjects …
Income From Separate Property: Towards A Theoretical Foundation, Thomas R. Andrews
Income From Separate Property: Towards A Theoretical Foundation, Thomas R. Andrews
Articles
This article addresses an important area of historical disagreement among the community property states: the characterization of the rents, issues, and profits ("income") from separate property brought into or acquired during marriage. Of the nine community property states, five characterize the income derived from separate property as separate property. The other four states characterize such income as community property. Although there have been scattered discussions of this issue throughout the community property case law and literature over the years, I have searched the literature in vain for a comprehensive treatment of the question. Certainly there has not been one in …
The Belief/Conduct Paradigm In The Supreme Court's Free Exercise Jurisprudence: A Theological Account Of The Failure To Protect Religious Conduct, Marci A. Hamilton
The Belief/Conduct Paradigm In The Supreme Court's Free Exercise Jurisprudence: A Theological Account Of The Failure To Protect Religious Conduct, Marci A. Hamilton
Articles
No abstract provided.
State-Interest Analysis And The Channelling Function In Family Law, Carl E. Schneider
State-Interest Analysis And The Channelling Function In Family Law, Carl E. Schneider
Articles
I want to develop some themes I advanced in my article entitled State-Interest Analysis in Fourteenth Amendment "Privacy" Law: An Essay on the Constitutionalization of Social issues. In that article I noted that while courts and commentators have lavished effort on the fundamental-rights side of privacy law, they have scanted the state-interest side, thereby producing crucial weaknesses in that law. I felt that state~interest discussions in privacy cases often seemed to me unsatisfying. This is an attempt to see why. A major difficulty is that states tend to advance and courts tend to accept quite narrow specifications of a statute's …
The Channelling Function In Family Law, Carl E. Schneider
The Channelling Function In Family Law, Carl E. Schneider
Articles
On an occasion such as this, we are called to step back from our daily work to seek what Justice Holmes called a "liberal view" of our subject. Today, I propose to do so by exploring a function of family law that I believe is basic, that underlies much of family law, that resonates with the deepest purposes of culture but that is rarely addressed expressly-namely, what I call the "channelling function." As I will soon explain at length, in the channelling function the law recruits, builds, shapes, sustains; and promotes social institutions. My exploration of this topic will have …
Fifth Amendment Takings Implications Of The 1990 Native American Graves Protection And Repatriation Act, Ralph W. Johnson, Sharon I. Haensly
Fifth Amendment Takings Implications Of The 1990 Native American Graves Protection And Repatriation Act, Ralph W. Johnson, Sharon I. Haensly
Articles
In November 1990, Congress passed the Native American Graves Protection and Repatriation Act ("NAGPRA"). NAGPRA provides for the protection and disposition of Native American cultural items discovered on federal or tribal lands after NAGPRA's effective date. NAGPRA also addresses disposition of those objects currently held or controlled by federal agencies and museums. NAGPRA represents Congress' attempt to resolve years of debate between tribes, archaeologists, and museums. Like any legislative pronouncement, however, Congress left key issues to agencies and courts to resolve. This article focuses upon one such area, namely, Fifth Amendment takings questions that may arise when tribes or individual …
Heat Of Passion And Wife Killing: Men Who Batter/Men Who Kill, Donna Coker
Heat Of Passion And Wife Killing: Men Who Batter/Men Who Kill, Donna Coker
Articles
No abstract provided.
Of Wolves And Welfare Ranching, Dale Goble
Prior Appropriation And The Property Clause: A Dialogue Of Accommodation, Dale Goble
Prior Appropriation And The Property Clause: A Dialogue Of Accommodation, Dale Goble
Articles
No abstract provided.
The Indivisibility Of Liberty Under The Bill Of Rights, Richard A. Epstein
The Indivisibility Of Liberty Under The Bill Of Rights, Richard A. Epstein
Articles
No abstract provided.
Neutrality In Constitutional Law (With Special Reference To Pornography, Abortion, And Surrogacy), Cass R. Sunstein
Neutrality In Constitutional Law (With Special Reference To Pornography, Abortion, And Surrogacy), Cass R. Sunstein
Articles
No abstract provided.
Legal Reasoning From The Top Down And From The Bottom Up: The Question Of Unenumerated Constitutional Rights, Richard A. Posner
Legal Reasoning From The Top Down And From The Bottom Up: The Question Of Unenumerated Constitutional Rights, Richard A. Posner
Articles
No abstract provided.
Religious Participation In Public Programs--Religious Freedom At A Crossroads, Michael W. Mcconnell
Religious Participation In Public Programs--Religious Freedom At A Crossroads, Michael W. Mcconnell
Articles
No abstract provided.
Gender Is For Nouns, Richard A. Epstein
Book Review (Reviewing Reinhard Zimmermann, The Law Of Obligations: Roman Foundations Of The Civilian Tradition (1990)), Richard H. Helmholz
Book Review (Reviewing Reinhard Zimmermann, The Law Of Obligations: Roman Foundations Of The Civilian Tradition (1990)), Richard H. Helmholz
Articles
No abstract provided.
Property As A Fundamental Civil Right, Richard A. Epstein
Property As A Fundamental Civil Right, Richard A. Epstein
Articles
No abstract provided.
Use Of The Civil Law In Post-Revolutionary American Jurisprudence, Richard H. Helmholz
Use Of The Civil Law In Post-Revolutionary American Jurisprudence, Richard H. Helmholz
Articles
No abstract provided.
In Memoriam: Hans, Cass R. Sunstein
In Memoriam: Hans, Cass R. Sunstein
On Analogical Reasoning Commentary, Cass R. Sunstein
Property And The Politics Of Distrust, Richard A. Epstein
Property And The Politics Of Distrust, Richard A. Epstein
Articles
No abstract provided.
A Common Lawyer Looks At Constitutional Interpretation, Richard A. Epstein
A Common Lawyer Looks At Constitutional Interpretation, Richard A. Epstein
Articles
No abstract provided.