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Articles 5101 - 5130 of 6072
Full-Text Articles in Entire DC Network
Article 2b As Legal Software For Electronic Contracting-Operating System Or Trojan Horse?, A. Michael Froomkin
Article 2b As Legal Software For Electronic Contracting-Operating System Or Trojan Horse?, A. Michael Froomkin
Articles
The proposed draft of Article 2B of the Uniform Commercial Code can be thought of as akin to a complex computer software suite which seeks to dominate a market by offering all things to all people. The author suggests, however, that Article 2B's electronic contracting rules interoperate poorly with existing digital signature laws, and with some forms of electronic commerce. The author also questions whether Article 2B is the proper means to enact controversial rules that ordinarily would make consumers liable for fraudulent uses of their digital signatures by third parties. After considering Article 2B's potential interaction with existing digital …
Estoppel In Property Law, Stewart E. Sterk
Estoppel In Property Law, Stewart E. Sterk
Articles
The article explores the complex role of estoppel doctrine in property law, emphasizing its promise-based nature and its distinct application compared to contract law. It highlights how estoppel enforces promises, resolves disputes, and protects interests in property law, particularly in family and neighbor disputes. The analysis critiques the reliance vs. promise debate, asserting that promise is the critical factor. The article also underscores the challenges of enforcing oral promises and the importance of written agreements to avoid injustice and ensure clarity in property transactions.
Understanding The "Public Interest" Justification For Government Actions, Paul R. Verkuil
Understanding The "Public Interest" Justification For Government Actions, Paul R. Verkuil
Articles
The article examines the concept of "public interest" as a justification for government actions, arguing that while the term has historically been a cornerstone of administrative law, its meaning has become increasingly ambiguous and subjective over time. The author traces the evolution of the public interest standard, from its origins in the New Deal era to its current use, and questions whether it can still serve as an objective standard for evaluating government behavior. The analysis highlights the tension between the public interest as a justification for government action and its susceptibility to political and bureaucratic influence.
Mapping Mediation: The Risks Of Riskin's Grid, Kimberlee K. Kovach, Lela P. Love
Mapping Mediation: The Risks Of Riskin's Grid, Kimberlee K. Kovach, Lela P. Love
Articles
We use maps for orientation and guidance. A topographical map and compass guide us through unmarked terrain. To pass a bar exam, law students follow a course carefully mapped out by BAR/ BRI. To understand political configurations, we study maps of the world, indicating countries and states and their boundaries. Maps are important. They create paradigms or "boxes" within which to operate safely and efficiently. The universe a map depicts-what is put in and what is left out-must have an internal cohesion, logic, and accuracy. If not, maps misguide their users.
Race Trials, Anthony V. Alfieri
Reflections On Teaching In Chile, Janet Stearns
Ccd Speckle Observations Of Binary Stars From The Southern Hemisphere, Elliott P. Horch, Zoran Ninkov, Robert W. Slawson
Ccd Speckle Observations Of Binary Stars From The Southern Hemisphere, Elliott P. Horch, Zoran Ninkov, Robert W. Slawson
Articles
We present 119 position angle and separation measures of 86 double stars observed by way of speckle interferometry with the University of Toronto Southern Observatory 60 cm telescope at Las Campanas, Chile. Speckle interferograms are recorded with a bare (unintensified) front-illuminated CCD in a fast subarray-readout mode. Position angles and separations are determined by a weighted least-squares fitting algorithm applied to the binary power spectra, and the 180-degree ambiguity in the position angle inherent in this approach is resolved by bispectral analysis. In this configuration the 60 cm telescope exhibits near-diffraction-limited performance. Initial results indicate that our separation measures have …
Phase Jitter In Mpsk Carrier Tracking Loops: Analytical, Simulation And Laboratory Results, Brian T. Kopp, William P. Osborne
Phase Jitter In Mpsk Carrier Tracking Loops: Analytical, Simulation And Laboratory Results, Brian T. Kopp, William P. Osborne
Articles
A performance characteristic of M-ary phase shift keying (MPSK) receivers is the variance of the phase error between the received and recovered signal carriers. For binary phase shift keying (BPSK) and quadrature phase shift keying (QPSK) loops utilizing integrate and dump filters and operating in the linear region, closed-form solutions for this variance exist [1], [2]. In this paper the variance is found by numerical methods for M > 4. For verification and to investigate operation in the nonlinear region, computer simulation and hardware modeling were used [3].
A Tale Of Two Cities: Day Labor And Conflict Resolution For Communities In Crisis, Lela P. Love, Cheryl B. Mcdonald
A Tale Of Two Cities: Day Labor And Conflict Resolution For Communities In Crisis, Lela P. Love, Cheryl B. Mcdonald
Articles
Through the lens of Glen Cove and Agoura Hills, two cities facing social crisis revolving around a shaping point, this article addresses the importance of government and key interest groups developing approaches to conflict that will best move society forward while limiting the danger and costs of discord. This "tale of two cities" describes two remarkably similar situations involving day laborers and argues that one community’s choice of mediation after the commencement of litigation resulted in outcomes that addressed and satisfied a wider range of constituency interests than those realized by the community that chose litigation alone.
The Spontaneous Order Of War Powers, John O. Mcginnis
The Top Ten Reasons Why Mediators Should Not Evaluate, Lela P. Love
The Top Ten Reasons Why Mediators Should Not Evaluate, Lela P. Love
Articles
The ten reasons outlined in this article demonstrate that a mediator’s giving advice, making assessments and stating opinions — particularly where the mediator presses parties to accept a particular opinion, outcome or assessment — are inconsistent with the role of a mediator.
Technological Change And Doctrinal Persistence: Telecommunications Reform In Congress And The Court, Monroe E. Price, John F. Duffy
Technological Change And Doctrinal Persistence: Telecommunications Reform In Congress And The Court, Monroe E. Price, John F. Duffy
Articles
In recent years, both the Supreme Court and the Congress have made much of the rapid pace of technological change within the telecommunications industry. In passing the Telecommunications Act of 1996, for example, Congressional leaders described these changes in almost millennial terms, predicting that "convergence" of communications technologies would beget a new regulatory world in which telecommunications technologies would no longer be regulated in a piece-mea4 media-specific fashion, but rather as part of a unified, coherent scheme. The Supreme Court, likewise, has portrayed changes in telecommunications technology as reason to move its First Amendment jurisprudence away from media-specific categories and …
Mediation: The Romantic Days Continue, Lela P. Love
Playing The "Culture Card": Trials In A Mutli-Cultural Democracy, Richard O. Lempert
Playing The "Culture Card": Trials In A Mutli-Cultural Democracy, Richard O. Lempert
Articles
As I write, the racial divide in America is said to be greater than at any time in the past 25 years.' Two events are blamed: the O.J. Simpson criminal trial and the Louis Farrakan led "Million Man March." That these events should exacerbate racial division is extraordinary. The Farrakan led march brought together between 400,000 and 800,000 black males to pledge that they would take the kind of responsibility for their actions and their families that white Americans have long argued they should take. The O.J. Simpson trial was more a "who done it" than a racial morality play. …
A New Distributed Constant False Alarm Rate Detector, Hamid Amirmehrabi, R. Viswanathan
A New Distributed Constant False Alarm Rate Detector, Hamid Amirmehrabi, R. Viswanathan
Articles
A new constant false alarm rate (CFAR) test termed signal-plus-order statistic CFAR (S+OS) using distributed sensors is developed. The sensor modeling assumes that the returns of the test cells of different sensors are all independent and identically distributed. In the S+OS scheme, each sensor transmits its test sample and a designated order statistic of its surrounding observations to the fusion center. At the fusion center, the sum of the samples of the test cells is compared with a constant multiplied by a function of the order statistics. For a two-sensor network, the functions considered are the minimum of the order …
Real Estate 20:20, John Ratcliffe
Real Estate 20:20, John Ratcliffe
Articles
This paper seeks to establish a framework for studying real estate futures. In doing so, it explores the general climate of change within which property decisions will have to be made, and examines the specific real estate opportunities that might emerge as a result of that change. For the purpose of appraisal, the forces of change are grouped into six sectors - cultural, demographic, economic, environmental, governmental and technological. Property perspectives are then portrayed for each of these sectors, and some conclusions drawn regarding the likely directions of change in the fields of real estate investment, development and management. Above …
The 1997 Water Rights Settlement Between The State Of Montana And The Chippewa Cree Tribe Of The Rocky Boy's Reservation: The Role Of Community And Of The Trustee, Barbara Cosens
Articles
No abstract provided.
Toward The Making Of Good Lawyers: How An Appellate Clinic Satisfies The Professional Objectives Of The Maccrate Report, Maureen Laflin
Toward The Making Of Good Lawyers: How An Appellate Clinic Satisfies The Professional Objectives Of The Maccrate Report, Maureen Laflin
Articles
No abstract provided.
The Epistemology Of Admissibility: Why Even Good Philosophy Of Science Would Not Make For Good Philosophy Of Evidence, Brian Leiter
The Epistemology Of Admissibility: Why Even Good Philosophy Of Science Would Not Make For Good Philosophy Of Evidence, Brian Leiter
Articles
No abstract provided.
The Law And Economics Of Vanishing Premium Insurance, Daniel R. Fischel, Robert S. Stillman
The Law And Economics Of Vanishing Premium Insurance, Daniel R. Fischel, Robert S. Stillman
Articles
No abstract provided.
From Theory To Practice Order Of The Coif Lecture: Response, Cass R. Sunstein
From Theory To Practice Order Of The Coif Lecture: Response, Cass R. Sunstein
Articles
No abstract provided.
Is Tobacco A Drug? - Administrative Agencies As Common Law Courts Regulations, Cass R. Sunstein
Is Tobacco A Drug? - Administrative Agencies As Common Law Courts Regulations, Cass R. Sunstein
Articles
Professor Cass Sunstein argues that the FDA has the authority to regulate tobacco products. He considers the text of the Federal Food, Drug, and Cosmetic Act, which supports the FDA assertion, and the context of its enactment, which argues against the FDA. He resolves the tension between text and context in favor of FDA jurisdiction by turning to the emerging role of administrative agencies. In modem government, he contends, administrative agencies have become America's common law courts, with the power to adapt statutory regimes to new facts and new values when the underlying statute is ambiguous. Professor Sunstein's Article, like …
Freedom From Persecution Or Protection Of The Rights Of Conscience: A Critique Of Justice Scalia's Historical Arguments In City Of Boerne V. Flores, Michael W. Mcconnell
Freedom From Persecution Or Protection Of The Rights Of Conscience: A Critique Of Justice Scalia's Historical Arguments In City Of Boerne V. Flores, Michael W. Mcconnell
Articles
No abstract provided.
The Origin, Development, And Regulation Of Norms, Richard H. Mcadams
The Origin, Development, And Regulation Of Norms, Richard H. Mcadams
Articles
No abstract provided.
A Human Rights Perspective In The Broadcasting Bill Debate, Mark N. Templeton
A Human Rights Perspective In The Broadcasting Bill Debate, Mark N. Templeton
Articles
No abstract provided.
Institutions And Interpretation: A Critique Of City Of Boerne V. Flores, Michael W. Mcconnell
Institutions And Interpretation: A Critique Of City Of Boerne V. Flores, Michael W. Mcconnell
Articles
No abstract provided.
Comment: Accounting For Norms, Richard H. Mcadams
The Rise And Fall Of Administrative Law, Richard A. Posner
The Rise And Fall Of Administrative Law, Richard A. Posner
Articles
No abstract provided.
Fables, Sagas, And Laws, Saul Levmore
Simple Games In A Complex World: A Generative Approach To The Adoption Of Norms, Randal C. Picker
Simple Games In A Complex World: A Generative Approach To The Adoption Of Norms, Randal C. Picker
Articles
No abstract provided.