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Articles 2581 - 2610 of 2749
Full-Text Articles in Entire DC Network
Anti-Pornography Legislation As Viewpoint-Discrimination, Geoffrey R. Stone
Anti-Pornography Legislation As Viewpoint-Discrimination, Geoffrey R. Stone
Articles
No abstract provided.
Political And Religious Disestablishment, Michael W. Mcconnell
Political And Religious Disestablishment, Michael W. Mcconnell
Articles
No abstract provided.
The Temporal Dimension In Tort Law, Richard A. Epstein
The Ethical Significance Of Free Choice: A Reply To Professor West, Richard A. Posner
The Ethical Significance Of Free Choice: A Reply To Professor West, Richard A. Posner
Articles
No abstract provided.
Legal Formalism, Legal Realism, And The Interpretation Of Statutes And The Constitution, Richard A. Posner
Legal Formalism, Legal Realism, And The Interpretation Of Statutes And The Constitution, Richard A. Posner
Articles
A current focus of legal debate is the proper role of the courts in the interpretation of statutes and the Constitution. Are judges to look solely to the naked language of an enactment, then logically deduce its application in simple syllogistic fashion, as legal formalists had purported to do? Or may the inquiry into meaning be informed by perhaps unbridled and unaccountable judicial notions of public policy, using legal realism to best promote the general welfare? Judge Posner considers the concepts of formalism and realism to be meaningful and useful in common law reasoning but in interpretation to be useless …
The Constitution In The Supreme Court: 1921-1930, David P. Currie
The Constitution In The Supreme Court: 1921-1930, David P. Currie
Articles
No abstract provided.
Regulation Of Informed Consent To Human Experimentation, Maria Woltjen
Regulation Of Informed Consent To Human Experimentation, Maria Woltjen
Articles
No abstract provided.
More On Subjective Intent: A Response To Professor Cunningham, Richard H. Helmholz
More On Subjective Intent: A Response To Professor Cunningham, Richard H. Helmholz
Articles
No abstract provided.
Rethinking Comparative Law: Variety And Uniformity In Ancient And Modern Tort Law, Saul Levmore
Rethinking Comparative Law: Variety And Uniformity In Ancient And Modern Tort Law, Saul Levmore
Articles
No abstract provided.
The Origins Of The Religion Clauses Of The Constitution, Philip B. Kurland
The Origins Of The Religion Clauses Of The Constitution, Philip B. Kurland
Articles
No abstract provided.
International Legal Action Against Apartheid, David Weissbrodt, Georgina Mahoney
International Legal Action Against Apartheid, David Weissbrodt, Georgina Mahoney
Articles
Apartheid in Southern Africa represents one of the greatest challenges, one of the greatest success stories, and one of the most frustrating defeats of the international human rights movement. This article first introduces international human rights and the in- ternational law of human rights-particularly as they relate to apartheid.Second, the article sketches the work of the Interna- tional Court of Justice, which has rendered three significant human rights decisions concerning Namibia. Having begun to dis- cuss Namibia, the article also examines the work of the Security Council, General Assembly, and other United Nations bodies con- cerning Namibia.
General Principles Of Civil Law Of The People's Republic Of China (Translation), Whitmore Gray, Henry R. Zheng
General Principles Of Civil Law Of The People's Republic Of China (Translation), Whitmore Gray, Henry R. Zheng
Articles
(Adopted April 12, 1986, at the Fourth Session of the Sixth National People's Congress, to take effect on January 1, 1987.)'
Informed Consent In Human Experimentation: Bridging The Gap Between Ethical Thought And Current Practice, Richard Delgado, Helen Leskovac
Informed Consent In Human Experimentation: Bridging The Gap Between Ethical Thought And Current Practice, Richard Delgado, Helen Leskovac
Articles
No abstract provided.
Beyond Words Of Exhortation: The Congressional Prescription For Vigorous Federal Enforcement Of The Clean Water Act, William L. Andreen
Beyond Words Of Exhortation: The Congressional Prescription For Vigorous Federal Enforcement Of The Clean Water Act, William L. Andreen
Articles
No abstract provided.
Gift, Sale, Payment, Raid: Case Studies In The Negotiation And Classification Of Exchange In Medieval Iceland, William I. Miller
Gift, Sale, Payment, Raid: Case Studies In The Negotiation And Classification Of Exchange In Medieval Iceland, William I. Miller
Articles
Near the end of Eyrbyggja saga Porir asks Ospak and his men where they had gotten the goods they were carrying. Ospak said that they had gotten them at Pambardal. "How did you come by them?" said Porir. Ospak answered, "They were not given, they were not paid to me, nor were they sold either." Ospak had earlier that evening raided the house of a farmer called Alf and made away with enough to burden four horses. And this was exactly what he told Porir when he wittily eliminated the other modes of transfer by which he could have acquired …
Winning With Archimedian Principles, Henry Spira
Book Review (Reviewing Frederic Rogers Kellog, The Formative Essays Of Justice Holmes: The Making Of An American Legal Philosophy (1984) And H. L. Pohlman, Justice Oliver Wendell Holmes And Utilitarian Jurisprudence (1984)), Richard A. Posner
Articles
No abstract provided.
Wrongful Possession Of Chattels: Hornbook Law And Case Law, Richard H. Helmholz
Wrongful Possession Of Chattels: Hornbook Law And Case Law, Richard H. Helmholz
Articles
No abstract provided.
Explaining Restitution, Saul Levmore
Can Lawyers Solve The Problems Of Tort System?, Richard A. Posner
Can Lawyers Solve The Problems Of Tort System?, Richard A. Posner
Articles
No abstract provided.
Why Restrain Alienation?, Richard A. Epstein
Introduction To The Symposium On Legal Structures For Managing The Pacific Northwest Salmon And Steelhead: The Biological And Historical Context, Dale Goble
Articles
No abstract provided.
The Market Participant Test In Dormant Commerce Clause Analysis - Protecting Protectionism?, Richard Henry Seamon
The Market Participant Test In Dormant Commerce Clause Analysis - Protecting Protectionism?, Richard Henry Seamon
Articles
No abstract provided.
Interest Groups In American Public Law, Cass R. Sunstein
Interest Groups In American Public Law, Cass R. Sunstein
Articles
No abstract provided.
Law As Rhetoric, Rhetoric As Law: The Arts Of Cultural And Communal Life, James Boyd White
Law As Rhetoric, Rhetoric As Law: The Arts Of Cultural And Communal Life, James Boyd White
Articles
In this paper I shall suggest that law is most usefully seen not, as it usually is by academics and philosophers, as a system of rules, but as a branch of rhetoric; and that the kind of rhetoric of which law is a species is most usefully seen not, as rhetoric usually is, either as a failed science or as the ignoble art of persuasion, but as the central art by which community and culture are established, maintained, and transformed. So regarded, rhetoric is continuous with law, and like it, has justice as its ultimate subject. I do not mean …
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 Umted 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 …
The Quest For Silence: Faulkner's Lawyer In A Comparative Setting, Richard H. Weisberg
The Quest For Silence: Faulkner's Lawyer In A Comparative Setting, Richard H. Weisberg
Articles
The article explores William Faulkner's portrayal of Gavin Stevens, a fictional lawyer, highlighting his evolution as a character and his unique place within the tradition of literary lawyer figures. The analysis focuses on Gavin's development in The Town, where he learns the value of silence and observation, distinguishing him from other lawyers in literature who often remain static in their personal growth. The article situates Gavin within a broader literary context, comparing him to characters from works by authors like Dickens and Twain, and argues for his significance as a complex and sympathetic character.
Human Rights, Stability, And Development In Africa: Some Observations On Concept And Reality, Minasse Haile
Human Rights, Stability, And Development In Africa: Some Observations On Concept And Reality, Minasse Haile
Articles
The article examines the challenges of implementing international human rights standards in sub-Saharan Africa, highlighting the tension between human rights and economic development. It argues that while human rights are essential, their realization is impeded by factors such as authoritarian governance, economic disparities, and the legacy of colonialism. The author advocates for a balanced approach that considers these challenges while promoting human rights, emphasizing the need to support pragmatic governance to gradually improve human rights conditions.
Managers' Discretion And Investors' Welfare: Theories And Evidence, Frank H. Easterbrook
Managers' Discretion And Investors' Welfare: Theories And Evidence, Frank H. Easterbrook
Articles
No abstract provided.
Legal Interpretation And The Power Of The Judiciary, Frank H. Easterbrook
Legal Interpretation And The Power Of The Judiciary, Frank H. Easterbrook
Articles
No abstract provided.