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Articles 2611 - 2640 of 2749
Full-Text Articles in Entire DC Network
The Pitfalls Of Interpretation, Richard A. Epstein
The Participation Of Charities In Limited Partnerships, Michael H. Schill
The Participation Of Charities In Limited Partnerships, Michael H. Schill
Articles
No abstract provided.
Criminalizing Juvenile Justice: Rules Of Procedure For The Juvenile Court, Barry C. Feld
Criminalizing Juvenile Justice: Rules Of Procedure For The Juvenile Court, Barry C. Feld
Articles
The 1967 United States Supreme Court decision In re Gault 1 precipitated a procedural revolution that has transformed the juvenile court into a legal institution very different from that envisioned by its Progressive creators. 2 In the years since Gault, states have struggled to bring the administration of their juvenile courts into harmony with the requirements of the Constitution, 3 aided by professional commentary and the continuing evolution of juvenile procedural due process requirements.
Normative Judgment, Social Change, And Legal Reasoning In The Context Of Abortion And Privacy, Stephen J. Schnably
Normative Judgment, Social Change, And Legal Reasoning In The Context Of Abortion And Privacy, Stephen J. Schnably
Articles
No abstract provided.
Fact, Norm, And Standard Of Review - The Case Of Homosexuality Symposium: The Legal System And Homosexuality - Approbation, Accommodation, Or Reprobation, Richard Delgado
Fact, Norm, And Standard Of Review - The Case Of Homosexuality Symposium: The Legal System And Homosexuality - Approbation, Accommodation, Or Reprobation, Richard Delgado
Articles
No abstract provided.
The Language Of The Arms Race: Should The People Limit Government Speech, Richard Delgado
The Language Of The Arms Race: Should The People Limit Government Speech, Richard Delgado
Articles
No abstract provided.
Defusing The "Not In My Back Yard" Syndrome: An Approach To Federal Preemption Of State And Local Impediments To The Siting Of Pcb Disposal Facilities, William L. Andreen
Defusing The "Not In My Back Yard" Syndrome: An Approach To Federal Preemption Of State And Local Impediments To The Siting Of Pcb Disposal Facilities, William L. Andreen
Articles
No abstract provided.
Efficiency Justifications For Personal Property Security, James J. White
Efficiency Justifications For Personal Property Security, James J. White
Articles
In February of 1983 Pan American World Airways issued 100 million dollars of convertible secured notes. As security for these notes it put up three Boeing 747 SP aircraft, two 747-100 aircraft, and one McDonnell Douglas DC10-30. The appraised value of these aircraft was 157 million dollars. To the extent possible under the law, Pan American made these aircraft subject to the claims of the owners of the new notes. On default, the note holders would have the first claim on these aircraft, would have the right to repossess them outside of bankruptcy, and would have the right to the …
Possession And Ownership: An Examination Of The Scope Of Article 9, Douglas G. Baird, Thomas H. Jackson
Possession And Ownership: An Examination Of The Scope Of Article 9, Douglas G. Baird, Thomas H. Jackson
Articles
No abstract provided.
Statutes' Domains, Frank H. Easterbrook
Perpetuation Of Past Discrimination, Eric Schnapper
Perpetuation Of Past Discrimination, Eric Schnapper
Articles
Part I of this Article offers several justifications for providing remedies for present harms that are caused by past acts of discrimination. Part II describes the different ways in which past discrimination can cause a present injury, and suggests for each way the appropriate legal standard for deciding when there is a present constitutional violation. Part III discusses the problems likely to arise in administering the suggested standards, and concludes that these problems are not inherently different from those involved in ordinary discrimination cases.
Book Review (Reviewing G. Edward White, Earl Warren: A Public Life (1982)), Philip B. Kurland
Book Review (Reviewing G. Edward White, Earl Warren: A Public Life (1982)), Philip B. Kurland
Articles
No abstract provided.
The Social Consequences Of Common Law Rules, Richard A. Epstein
The Social Consequences Of Common Law Rules, Richard A. Epstein
Articles
In the past decade, commentators applying both economic and historical methods to the study of the classical common law have explicitly or implicitly made sweeping claims for the system's ability to allocate or redistribute substantial shares of wealth. In this Article, Professor Epstein challenges the assumption that the fundamental doctrines of the common law can have a decisive effect on the flow of resources in society. He calls attention to the constraints placed upon the system by the generality of its rules, the prospectively indeterminate alignment of economically interested parties, the expenses of adjudication, and the divergent social beliefs of …
Economics, Politics, And The Reading Of Statutes And The Constitution, Richard A. Posner
Economics, Politics, And The Reading Of Statutes And The Constitution, Richard A. Posner
Articles
No abstract provided.
Air Pollution Control In West Germany, David P. Currie
Rulemaking As Politics, Antonin Scalia
Introduction: On Evaluating The Draft Convention On The Law Of The Sea, Bernard H. Oxman
Introduction: On Evaluating The Draft Convention On The Law Of The Sea, Bernard H. Oxman
Articles
No abstract provided.
Contract Law In Modern Commercial Transactions, An Artifact Of Twentieth Century Business Life?, James J. White
Contract Law In Modern Commercial Transactions, An Artifact Of Twentieth Century Business Life?, James J. White
Articles
Diligent first year law students study contract law with a passion previously reserved for romantic objects and religious idols. Their professors lead them in extensive and difficult intellectual explorations of the wilds of contract law. There are careful analyses of why damage recovery X will stimulate performance Y, why recovery A is appropriate to encourage the aggrieved party to return to the market, and so on and so forth. Lurking behind this year long analysis are several inarticulate hypotheses: that they make rational evaluations of the threat of legal sanctions; that they respond in other varied and subtle ways to …
Building Theories Of Judicial Review In Natural Resources Law, William H. Rodgers, Jr.
Building Theories Of Judicial Review In Natural Resources Law, William H. Rodgers, Jr.
Articles
In the specialty of natural resources law, there is no reason to expect our tasks of description and prescription to be any easier. We deal, after all, with the allocation of scarce resources where there are winners and losers. This leads us quickly into substantive justice theories based on entitlements, needs, and deserts and process justice theories extending to each loser his due.
Justice theory is implemented through judicial review, and what courts do depends importantly upon behavioral assumptions about people, agencies of government, and empirical proof. The sources of these assumptions and evidence are often the sciences, and I …
Bringing People Back: Toward A Comprehensive Theory Of Taking In Natural Resources Law, William H. Rodgers, Jr.
Bringing People Back: Toward A Comprehensive Theory Of Taking In Natural Resources Law, William H. Rodgers, Jr.
Articles
This Article attempts to bring people back into legal analysis by drawing upon behavioral preferences of human beings suggested by the laws of biology. Biological theory offers no all-encompassing explanations of legal outcomes, although it offers important, and much neglected, partial explanations.
That the law can be explained in this light suggests that courts have a view of human nature departing from the caricatures of much contemporary legal theory. We take as our setting an issue faced by each society in every era-property rights in natural resources.
Part I takes up the task of theory development by recanvassing property theory …
Cost-Benefit Analysis And The Separation Of Powers, Cass R. Sunstein
Cost-Benefit Analysis And The Separation Of Powers, Cass R. Sunstein
Articles
No abstract provided.
State Pollution Statutes, David P. Currie
Correlation Of Serum, Tumor, And Liver Serum Glycoprotein: N-Acetylneuraminic Acid Transferase Activity With Growth Of The R3230ac Mammary Tumor In Rats And Relationship Of The Serum Activity To Tumor Burden, Irene Evans, R. Hilf, M. Murphy
Correlation Of Serum, Tumor, And Liver Serum Glycoprotein: N-Acetylneuraminic Acid Transferase Activity With Growth Of The R3230ac Mammary Tumor In Rats And Relationship Of The Serum Activity To Tumor Burden, Irene Evans, R. Hilf, M. Murphy
Articles
The observation that the activity of sialyltransferase (EC 2.4.99.1; serum glycoprotein:N-acetylneuraminic acid transferase) is often elevated in the serum of cancer patients necessitates an elucidation of the interrelationships of this serum enzyme with host tissues. Accordingly, the activity of this enzyme in serum, tumor, and liver was determined at various times after implantation of the R3230AC mammary carcinoma into Fischer rats. Results from samples obtained at numerous, sequential time points demonstrated that significant elevations in serum sialyltransferase enzyme activity occurred only in animals bearing large tumor burdens, i.e., greater than 20 g, or in animals with tumors present for longer …
Lawmaking And Public Opinion Research: The President And Patrick Caddell, Hans Zeisel
Lawmaking And Public Opinion Research: The President And Patrick Caddell, Hans Zeisel
Articles
No abstract provided.
The Ethical And Political Basis Of The Efficiency Norm In Common Law Adjudication, Richard A. Posner
The Ethical And Political Basis Of The Efficiency Norm In Common Law Adjudication, Richard A. Posner
Articles
No abstract provided.
Automobile No-Fault Plans: A Second Look At First Principles, Richard A. Epstein
Automobile No-Fault Plans: A Second Look At First Principles, Richard A. Epstein
Articles
No abstract provided.
The Positive Economic Theory Of Tort Law, Richard A. Posner, William M. Landes
The Positive Economic Theory Of Tort Law, Richard A. Posner, William M. Landes
Articles
No abstract provided.
National Labor Policy: Reflections And Distortions Of Social Justice, Theodore J. St. Antoine
National Labor Policy: Reflections And Distortions Of Social Justice, Theodore J. St. Antoine
Articles
The impulse behind much of American labor law is profoundly moral. The sufferings and indignities inflicted on working men, women, and even children as the industrial revolution enveloped the western world during the nineteenth and early twentieth centuries led many thoughtful observers to focus their attention on what was commonly called the "social question." Certain issues have been treated almost as if they posed questions of good and evil, when all they actually presented were problems of finding a proper balance of power between labor and management. This article shall develop these themes in several specific contexts.
Benefits, Costs, And Risks: Oversight Of Health And Environmental Decisionmaking, William H. Rodgers, Jr.
Benefits, Costs, And Risks: Oversight Of Health And Environmental Decisionmaking, William H. Rodgers, Jr.
Articles
This article considers problems of "regulatory reform" in the context of environmental and health decisionmaking. Specifically, in Part I, this article defines cost-benefit analysis, explores its advantages and limitations, and assays cost-benefit practice in light of descriptive theoretical and practical demands of formal decisionmaking within administrative agencies.
The two remaining sections of this article focus on the question of how Congress and the courts can, do, and should structure environmental and health regulation. In Part II, the article explores legislative models for agency consideration of costs and benefits in promulgating regulations. It examines four alternative models, and identifies normative considerations …
Metcalf-Hatch Repeal Means Lab Accountability, Henry Spira
Metcalf-Hatch Repeal Means Lab Accountability, Henry Spira
Articles
No abstract provided.