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Articles 2551 - 2580 of 2749
Full-Text Articles in Entire DC Network
The Jurisprudence Of Skepticism, Richard A. Posner
The Depiction Of Law In The Bonfire Of The Vanities, Richard A. Posner
The Depiction Of Law In The Bonfire Of The Vanities, Richard A. Posner
Articles
No abstract provided.
Employment At Will: The French Experience As A Basis For Reform, Madeleine M. Plasencia
Employment At Will: The French Experience As A Basis For Reform, Madeleine M. Plasencia
Articles
Roughly one-quarter of the workers in the United States are represented by unions, leaving three-quarters subject to the vicissitudes of the employment-at-will doctrine.' At-will employees, as a general matter, lack protection against dismissal without cause.2 That is, an employer may dismiss an "at will" employee without notice, "for good reason, bad reason or no reason at all," so long as the proffered reasons for dismissal do not violate random whistle-blowing provisions or federal and state anti-discrimination statutes.' The mirror image of the employer's right to dismiss at will is the right of an employee who was hired to perform work …
The Twentieth-Century Revolution In Family Wealth Transmission, John H. Langbein
The Twentieth-Century Revolution In Family Wealth Transmission, John H. Langbein
Articles
No abstract provided.
Rights Discourse And Neonatal Euthanasia, Carl E. Schneider
Rights Discourse And Neonatal Euthanasia, Carl E. Schneider
Articles
Hard cases, they say, make bad law. Hard cases, we know, can also make revealing law. Hard cases identify the problems we have not found a way of solving. They reveal ways the law's goals conflict. They force us to articulate our assumptions and to examine our modes of discourse and reasoning. If there was ever a hard case for the law, it is the question of whether, how, and by whom it should be decided to allow newborn children who are severely retarded mentally or severely damaged physically to die. For many years, the law has not had to …
Promise Fulfilled And Principle Betrayed, James J. White
Promise Fulfilled And Principle Betrayed, James J. White
Articles
My responsibility in this paper is to address three questions. (1) How has the legal realist body of thought affected contract law and its application? (2) How will contract law and its application be affected in the future by realist thinking? (3) If the realist viewpoint were fully accepted, what kind of system would result and how would contract law be affected? Because my focus is upon a principal legislative monument to realism, Article Two of the Uniform Commercial Code (the "U.C.C."), and upon its drafter, Karl Llewellyn, I will not answer any of the three questions explicitly. By focusing …
Some Aspects Of Householding In The Medieval Icelandic Commonwealth, William I. Miller
Some Aspects Of Householding In The Medieval Icelandic Commonwealth, William I. Miller
Articles
There has been much, mostly inconclusive, discussion about how to define the household in a manner suitable for comparative purposes. Certain conventional criteria are not very useful in the Icelandic context, where it appears that a person could be attached to more than one household, where the laws suggest it was possible for more than one household to be resident in the same uncompartmentalised farmhouse; and where headship might often be shared. Definitions, for example, based on co residence or on commensalism do not jibe all that well with the pastoral transhumance practised by the Icelanders. Sheep were tended and …
The Tax Treatment Of Qualified Plans: A Classic Defense Of The Status Quo, Edward A. Zelinsky
The Tax Treatment Of Qualified Plans: A Classic Defense Of The Status Quo, Edward A. Zelinsky
Articles
The current tax treatment of qualified pension and profit sharing plans has been criticized by commentators as an unfair and expensive tax expenditure. In this Article, Professor Zelinsky challenges this characterization and defends the current treatment of qualified plans on the ground that it is at least as attractive as its alternatives and superior to many of them. After evaluating the current treatment and the alternatives under the criteria of measurability, administrability, liquidity, equity, and simplicity, Professor Zelinsky concludes that the present treatment of qualified plans can be viewed as an acceptable part of a normative income tax.
Proprietary Rights And The Norms Of Science In Biotechnology Research, Rebecca S. Eisenberg
Proprietary Rights And The Norms Of Science In Biotechnology Research, Rebecca S. Eisenberg
Articles
As basic research in biotechnology yields increasing commercial applications, scientists and their research sponsors have become more eager to protect the commercial value of research discoveries through intellectual property law. Some scientists fear that these commercial incentives will weaken or even undermine the norms that have traditionally governed scientific research. In this Article, Professor Eisenberg examines the interaction of proprietary rights in inventions with these traditional scientific norms. Trade secrecy, she argues, is an undesirable strategy for protection of basic research discoveries because it impedes dissemination of new knowledge to the scientific community. She finds that patent law is in …
The American Advantage: The Value Of Inefficient Litigation, Samuel R. Gross
The American Advantage: The Value Of Inefficient Litigation, Samuel R. Gross
Articles
In a recent article, The German Advantage in Civil Procedure,1 Professor John Langbein claims that the German system of civil litigation is superior to the American; in an earlier article he makes a parallel claim about German criminal procedure.2 Roughly, Professor Langbein argues that by comparison to the German process, American litigation is overly complex, expensive, slow, and unpredictable - in short, inefficient.3 Professor Langbein is not the first and will not be the last to criticize American legal institutions in these terms, but he expresses this criticism particularly well: he is concise and concrete, he describes American practice by …
How To Argue About Health Care, Don Herzog
How To Argue About Health Care, Don Herzog
Articles
Despite the aggressive title of this article, my goals are modest. I begin by explaining briefly what should at any rate be obvious: that health care policies inescapably raise moral and political difficulties, difficulties that no technical fix could resolve. I move on to puzzle over the connections between some of the more abstract issues of moral and political theory and medical policy: here I urge that we develop a more sustained taste for exploring the moral conflicts embedded in our current practices. Finally, I suggest a strategy for making nitty-gritty facts-from the concrete world of third-party payment, expensive technology, …
Beyond The Rule Of Law: Civic Virtue And Constitutional Structure, Richard A. Epstein
Beyond The Rule Of Law: Civic Virtue And Constitutional Structure, Richard A. Epstein
Articles
No abstract provided.
The Ethics Of Wealth Maximization: Reply To Malloy, Richard A. Posner
The Ethics Of Wealth Maximization: Reply To Malloy, Richard A. Posner
Articles
No abstract provided.
You Can't Tell The Players In Church-State Disputes Without A Scorecard, Michael W. Mcconnell
You Can't Tell The Players In Church-State Disputes Without A Scorecard, Michael W. Mcconnell
Articles
No abstract provided.
Implicit And Explicit Rights Of Association, Frank H. Easterbrook
Implicit And Explicit Rights Of Association, Frank H. Easterbrook
Articles
No abstract provided.
The Regulation Of The Market In Adoptions, Richard A. Posner
The Regulation Of The Market In Adoptions, Richard A. Posner
Articles
No abstract provided.
The Constitution In The Supreme Court: The New Deal, 1931-1940, David P. Currie
The Constitution In The Supreme Court: The New Deal, 1931-1940, David P. Currie
Articles
No abstract provided.
Causation - In Context: An Afterword, Richard A. Epstein
Causation - In Context: An Afterword, Richard A. Epstein
Articles
No abstract provided.
The Compact Clause And Transboundary Problems: A Federal Remedy For The Disease Most Incident To A Federal Government, Dale Goble
Articles
The political and constitutional relationship that is known as "federalism" creates boundaries that often do not correspond to resources. The anadromous salmon and steelhead of the Columbia River Basin, for example, cross several jurisdictional boundaries during their life cycle. Jurisdictional boundaries frequently contribute to poor resource planning because some actors are excluded. One traditional response to such transboundary resource difficulties has been to nationalize the problem, thus creating a forum in which all of the actors may participate. Nationalization, however, may be overinclusive when the problem is regional. An alternative that is potentially more sensitive to local concerns is found …
Judicial Review Of Administrative Action In A Conservative Era, Cass R. Sunstein, Alan B. Morrison, Kenneth W. Starr, Richard K. Willard
Judicial Review Of Administrative Action In A Conservative Era, Cass R. Sunstein, Alan B. Morrison, Kenneth W. Starr, Richard K. Willard
Articles
No abstract provided.
Lochner's Misunderstood Legacy, Cass R. Sunstein
Lochner's Legacy, Cass R. Sunstein
From Billy Budd To Buchenwald (Reviewing Weisberg, Richard H., The Failure Of The Word: The Protagonist As Lawyer In Modern Fiction (1984)), Richard A. Posner
From Billy Budd To Buchenwald (Reviewing Weisberg, Richard H., The Failure Of The Word: The Protagonist As Lawyer In Modern Fiction (1984)), Richard A. Posner
Articles
No abstract provided.
The Juvenile Court Meets The Principle Of The Offense: Legislative Changes In Juvenile Waiver Statutes, Barry C. Feld
The Juvenile Court Meets The Principle Of The Offense: Legislative Changes In Juvenile Waiver Statutes, Barry C. Feld
Articles
At its inception the juvenile court was characterized by procedural informality and individualized, offender-oriented dispositions. Subsequent to the U.S. Supreme Court's 'Gault' decision, which mandated procedural safeguards in the adjudication of delinquency, juvenile court procedures became more formal in the interest of protecting the rights of juveniles, but individualized, offender-oriented dispositions were preserved. The inability of proponents of juvenile rehabilitation to demonstrate the effectiveness of parens patriae intervention, however, has led an increasing number of States to incorporate 'just deserts' sentencing principles in their juvenile justice systems. This emphasis is evidenced in the waiver of juvenile offenders for criminal prosecution …
The Antinomies Of Poverty Law And A Theory Of Dialogic Empowerment, Anthony V. Alfieri
The Antinomies Of Poverty Law And A Theory Of Dialogic Empowerment, Anthony V. Alfieri
Articles
No abstract provided.
Taking From Farm Lenders And Farm Debtors: Chapter 12 Of The Bankruptcy Code, James J. White
Taking From Farm Lenders And Farm Debtors: Chapter 12 Of The Bankruptcy Code, James J. White
Articles
In passing Chapter 12 of the Bankruptcy Reform Act, Congress has effectively invalidated certain important provisions of existing farm mortgages. Equally significant, Congress has disabled farmers from granting binding mortgages on the full, value of their property. Although no court is likely to find the Chapter to violate the fifth amendment, the Chapter constitutes a substantial and retroactive alteration of the rights of existing mortgagees and a restriction on the powers of prospective mortgagors to grant valid mortgages. The thesis of this paper is that Congress was both wrong and shortsighted in its enactment of Chapter 12. Congress was wrong …
Guerilla Decisionmaking: Judicial Review Of Risk Assessments, William H. Rodgers, Jr.
Guerilla Decisionmaking: Judicial Review Of Risk Assessments, William H. Rodgers, Jr.
Articles
This paper describes four types of uncertainty confronted by decisionmakers undertaking risk assessments. It then discusses individual and institutional responses to uncertainty; these include both formal attempts to acquire more information, and pragmatic efforts to isolate and act upon salient considerations. The tendency of decisionmakers to narrow the agenda and search for a decisive datum or metaphor is called guerilla decisionmaking. Courts oversee agency decisions by techniques known widely in the legal community as the hard-look doctrine. This doctrine is defined, and the case law is used to illustrate how courts insist upon identification of salient risk-assessment factors and the …
Some Questions For Republicans, Don Herzog
Some Questions For Republicans, Don Herzog
Articles
Even a sleepy historiographer of political theory of some future day will notice the most dramatic revision of the last 25 years or so. I refer of course to the discovery-and celebration-of civic humanism. The devilish Machiavelli of Elizabethan times has been gently set aside for "the divine Machiavel," the one who writes, "I love my native city more than my soul." And historians of political thought have lovingly traced the transmission of civic humanism from Florence to England and America, giving us a brand new past. America, we now know, was not the unthinkingly Lockean land served up by …
Text Into Theory: A Literary Approach To The Constitution, Richard H. Weisberg
Text Into Theory: A Literary Approach To The Constitution, Richard H. Weisberg
Articles
The article explores the evolving dialogue between legal scholars and literary theorists, particularly focusing on how judicial opinions can be viewed as narrative fictions. It challenges traditional notions of textual autonomy in legal interpretation, suggesting that meaning is not fixed but is shaped by subjective readings. The analysis critiques the dichotomy between interpretivism and noninterpretivism, arguing that both approaches are inherently subjective. Drawing on historical and structural interpretations of the Constitution, the article advocates for a balanced approach that considers both textual integrity and communal values, emphasizing that constitutional truths are embedded within societal ideas rather than being strictly majoritarian …
From Muller V. Oregon To Fetal Vulnerability Policies, Mary E. Becker
From Muller V. Oregon To Fetal Vulnerability Policies, Mary E. Becker
Articles
No abstract provided.