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Articles 5251 - 5280 of 6071
Full-Text Articles in Entire DC Network
Imagery And Adjudication In The Criminal Law: The Relationship Between Images Of Criminal Defendants And Ideologies Of Criminal Law In Southern Antebellum And Modern Appellate Decisions, Bernard E. Harcourt
Imagery And Adjudication In The Criminal Law: The Relationship Between Images Of Criminal Defendants And Ideologies Of Criminal Law In Southern Antebellum And Modern Appellate Decisions, Bernard E. Harcourt
Articles
No abstract provided.
Judicial Biography: Amicus Curiae, Dennis J. Hutchinson
Judicial Biography: Amicus Curiae, Dennis J. Hutchinson
Articles
No abstract provided.
Fear Of Foreigners: Nativism And Workplace Language Restrictions, Mark Adams
Fear Of Foreigners: Nativism And Workplace Language Restrictions, Mark Adams
Articles
No abstract provided.
Idaho's Law School Plans For The Approaching Millennium, John A. Miller
Idaho's Law School Plans For The Approaching Millennium, John A. Miller
Articles
No abstract provided.
Free Speech And Democracy Proceedings: Keynote Address, Cass R. Sunstein
Free Speech And Democracy Proceedings: Keynote Address, Cass R. Sunstein
Articles
No abstract provided.
On The Expressive Function Of Law, Cass R. Sunstein
Problems With Rules, Cass R. Sunstein
Problems With Rules, Cass R. Sunstein
Articles
Many of the most difficult issues in law involve the choice between rules and rulelessness in cases where both seem unacceptable. The principal goal of this Article is to point the way toward a more refined understanding of the ideal of the rule of law, one that sees a degree of particularity, and a degree of law-making at the point of application, as important parts of that ideal. The Article defends a form of casuistry and describes the potentially democratic foundations of the casuistical enterprise in law. It begins by describing the distinctive advantages of rules and law via rules, …
Reinventing The Regulatory State, Cass R. Sunstein, Richard H. Pildes
Reinventing The Regulatory State, Cass R. Sunstein, Richard H. Pildes
Articles
No abstract provided.
Theodore I. Koskoff Lecture Series: Social Norms And Big Government, The Lecture, Cass R. Sunstein
Theodore I. Koskoff Lecture Series: Social Norms And Big Government, The Lecture, Cass R. Sunstein
Articles
No abstract provided.
Double Binds Facing Mothers In Abusive Families: Social Support Systems, Custody Outcomes, And Liability For Acts Of Others, Mary E. Becker
Double Binds Facing Mothers In Abusive Families: Social Support Systems, Custody Outcomes, And Liability For Acts Of Others, Mary E. Becker
Articles
No abstract provided.
Federalism, Efficiency, The Commerce Clause, And The Sherman Act: Why We Should Follow A Consistent Free-Market Policy, Daniel J. Gifford
Federalism, Efficiency, The Commerce Clause, And The Sherman Act: Why We Should Follow A Consistent Free-Market Policy, Daniel J. Gifford
Articles
The focus of the dormant commerce clause is on free trade among the states. Indeed, the Supreme Court, borrowing from the vocabulary of European integration, frequently asserts that the dormant commerce clause calls for an American "common market." 1 Borrowing from the language of international trade, the Court invalidates state or local legislation which is "protectionist." 2 This focus is consistent with the purpose of the Framers, who sought to prevent economic barriers to trade from threatening the new political order established by the United States Constitution. Stated in a more positive vein, the free-trade objectives incorporated in the dormant …
Strategic Approaches To Crime Prevention, Michael Tonry, David P. Farrington
Strategic Approaches To Crime Prevention, Michael Tonry, David P. Farrington
Articles
No abstract provided.
Judicial Ethics Simulation Based Training, Stephen M. Simon, Maury S. Landsman
Judicial Ethics Simulation Based Training, Stephen M. Simon, Maury S. Landsman
Articles
The Judicial Ethics Education Project trains trial judges to be aware of ethical issues that arise in the trial process. The project employs case simulations that raise ethical and management issues requiring immediate attention during the course of a trial. The goal of the project is to provide sitting judges with a basis on which to make similar decisions during trials. The project grew out of and is incorporated into the Minnesota Judicial Trial Skills Training Program ("MJTSTP") at the University of Minnesota, which was created in 1986 by Professor Steve Simon and Judge Bertrand Portisky and is mandatory for …
Frequency Dependence Of Phase Difference Between Synchronised Self-Pulsating Laser Emission And Injected Periodic Signals, A. Egan, G. O'Gorman, P. Rees, Gerald Farrell, Joe Hegarty, P. Phelan
Frequency Dependence Of Phase Difference Between Synchronised Self-Pulsating Laser Emission And Injected Periodic Signals, A. Egan, G. O'Gorman, P. Rees, Gerald Farrell, Joe Hegarty, P. Phelan
Articles
The authors show by experiment and calculation that, for self pulsating laser diodes synchronised to external electrical signals, a phase shift exists between the applied signal and the laser output. The authors then show that this phase shift depends on the frequency difference between these signals and on the applied signal amplitude.
On The Calculation Of The Exponential Bound Parameter For Phase Quantized 8-Psk, Michael D. Ross, William P. Osborne
On The Calculation Of The Exponential Bound Parameter For Phase Quantized 8-Psk, Michael D. Ross, William P. Osborne
Articles
The exponential bound parameter is numerically evaluated for 16-zone quantized 8-PSK for signal vectors bisecting decision regions and for signal vectors lying on decision boundaries. For decision regions of equal span, signal vectors lying on decision boundaries are superior, confirming the result of Parsons and Wilson (1990). Signal vectors bisecting decision regions are superior if span of decision regions not containing signal vectors is optimized. Using the partial derivative, it is shown that the optimal configuration depends on SNR. Furthermore, the optimal configuration is not necessarily one in which the decision boundaries are straight lines.
On Snr As A Measure Of Performance For Narrowband Interference Rejection In Direct Sequence Spread Spectrum Systems, Arif Ansari, R. Viswanathan
On Snr As A Measure Of Performance For Narrowband Interference Rejection In Direct Sequence Spread Spectrum Systems, Arif Ansari, R. Viswanathan
Articles
The usefulness of SNR as a figure of merit to quantify the narrowband interference rejection capability of a DS receiver is examined. The interference considered is a peaked autoregressive Gaussian process. The probability of error and SNR estimates of a Kalman, a modified Kalman, and a nonlinear filter proposed in [2] are obtained by simulation. Based on this simulation study and the available theoretical error rate analysis of transversal filters, we can conclude that SNR is a useful measure if the processing gain, PG, of the DS system is moderately large. When the PG is small, such as 7, and …
Confrontation And The Utility Of Rules, Richard D. Friedman, Ronald J. Allen, Alex Stein, Roger C. Park, Margaret A. Berger, Nancy J. King, John Jackson, Eleanor Swift, Craig R. Callen, Eileen A. Scallen
Confrontation And The Utility Of Rules, Richard D. Friedman, Ronald J. Allen, Alex Stein, Roger C. Park, Margaret A. Berger, Nancy J. King, John Jackson, Eleanor Swift, Craig R. Callen, Eileen A. Scallen
Articles
There is a good reason why evidence scholars continue to be fascinated and perplexed, and some courts continue at least to be perplexed, by the types of evidence that tend to be lumped together misleadingly under the headings nonassertive conduct or implied assertions. Evidence of this sort highlights a paradox of the prevailing law of hearsay. I believe that this paradox cannot be resolved without fundamentally transforming the structure of that law. Thus, while I agree - within the current framework - with many of the insights so ably stated in this Symposium, I think evidence scholars must devote their …
How To Think About The Federal Commerce Power And Incidentally Rewrite United States V. Lopez, Donald H. Regan
How To Think About The Federal Commerce Power And Incidentally Rewrite United States V. Lopez, Donald H. Regan
Articles
Almost sixty years after the "revolution" of 1937, we still do not have an adequate theory of the commerce power. The Court was right to abandon the theory of dual federalism epitomized by Carter v. Carter Coal Co.;' and it has got the right results in the major cases decided since then. But our post-1937 theory, whether before or after Lopez, is a mess. On the one hand, we have a collection of doctrinal rules that, if we take them seriously, allow Congress to do anything it wants under the commerce power. On the other hand, we continue to pay …
The Honest Scientist's Guide To Dna Evidence, Richard O. Lempert
The Honest Scientist's Guide To Dna Evidence, Richard O. Lempert
Articles
The honest scientist recognizes that she herself is a test instrument, and a fallible one at that. Subjectivity inescapably enters into any human endeavor, and should not be denied. DNA testing is rife with subjective elements, no place more so than at the crucial stage of deciding whether a match exists. On the one hand, non-matching extraneous bands may sometimes be properly disregarded and patterns that do not quite meet objective matching criteria may be appropriately regarded as incriminatory matches. On the other hand, band patterns that do meet objective matching criteria may be treated as exonerative depending on how …
Reforming Article 9 Priorities In Light Of Old Ignorance And New Filing Rules (Symposium: 'Managing The Paper Trail': Evaluating And Reforming The Article 9 Filing System), James J. White
Articles
The other papers in this Symposium demonstrate that we have the technical capacity to build a filing system that will exceed the expectations of Grant Gilmore in every dimension.1 With more thought about what is put into the system and more clever software to get it out, the most sophisticated system possible under current technology will store and produce enough information about a debtor to give the ACLU a fright. All of the issues on improving the filing system are important, but I do not concern myself with any of them directly. I am here discuss a different question. In …
The United Nations High Commissioner For Human Rights: Challenges And Opportunities, Janet E. Lord
The United Nations High Commissioner For Human Rights: Challenges And Opportunities, Janet E. Lord
Articles
The establishment of a High Commissioner for Human Rights brings to fruition a proposal that has appeared in many different guises since the early days of the United Nations. It also fulfills the desire of those who would like the world community to demonstrate concern for human rights and fundamental freedoms in a concrete and effective manner. This Article discusses the history of the efforts to create the Office of High Commissioner for Human Rights, the currents that prevented an earlier acceptance of the post, and the anticipated role of the High Commissioner in a world community where human rights …
Into The Woods: Broadcasters, Bureaucrats, And Children's Television Programming Comments, Ronald J. Krotoszynski Jr.
Into The Woods: Broadcasters, Bureaucrats, And Children's Television Programming Comments, Ronald J. Krotoszynski Jr.
Articles
No abstract provided.
Refining Conditional Probative Value, Richard D. Friedman
Refining Conditional Probative Value, Richard D. Friedman
Articles
The subject of conditional relevance, or what I think is better called "conditional probative value," must seem hopelessly ard to many. It continues to engage the attention of evidence scholars, however, because it forms part of the conceptual underpinnings of many parts of evidentiary law. Dale'Nance, one of the most astute evidence scholars of our time, has previously written at length on the subject' and has done so now more briefly in response to an article of mine. I offer an even briefer continuation of the discussion.
Deep Inner Lives, Individualism And People Of Honour, William I. Miller
Deep Inner Lives, Individualism And People Of Honour, William I. Miller
Articles
With the exception of St Augustine and perhaps Abelard, often praised as modern before their time, it is not unusual to find it maintained that the individual was not available in any serious conceptual, psychological or even sociological way before the seventeenth century. Our thick and deep self, according to this view, is thus a rather recent phenomenon. Some more expansive souls find the individual already emerging a century earlier, during the Reformation. Within the last three decades, medievalists, chagrined at being contemned by classicists on one flank and an alliance of Renaissance scholars, early modernists, modernists and post-modernists on …
The Warren Court And Criminal Justice: A Quarter-Century Retrospective, Yale Kamisar
The Warren Court And Criminal Justice: A Quarter-Century Retrospective, Yale Kamisar
Articles
Many commentators have observed that when we speak of "the Warren Court," we mean the Warren Court that lasted from 1962 (when Arthur Goldberg replaced Felix Frankfurter) to 1969 (when Earl Warren retired). But when we speak of the Warren Court's "revolution" in American criminal procedure we mean the Warren Court that lasted from 1961 (when the landmark case of Mapp v. Ohio was decided) to 1966 or 1967. In its final years, the Warren Court was not the same Court that had handed down Mapp or Miranda v. Arizona.
A Child's Right To Protection From Transfer Trauma In A Contested Adoption Case, Suellyn Scarnecchia
A Child's Right To Protection From Transfer Trauma In A Contested Adoption Case, Suellyn Scarnecchia
Articles
On August 2, 1993, I arrived at the home of Jan, Robby, and Jessica DeBoer' a few hours before the transfer. At 2:00 P.M. I would carry Jessica out of her home and deliver her to the parents who had won the case,2 her biological mother and father. This task probably would have been easier had I not spent eight days in the trial court listening to the experts explain that this transfer from one set of parents to another would harm Jessica.3 It would have been easier had I not recently obtained affidavits from other experts to persuade the …
Ansco Reminiscences, Ira Current
Ansco Reminiscences, Ira Current
Articles
Article by Prof Emeritus Ira Current, retired faculty member, about his early days at Ansco (later Agfa/Ansco), his arrival and on-the-job anecdotes prior to WWII.
The Six Companies And The Geary Act: A Case Study In Nineteenth-Century Civil Disobedience And Civil Rights Litigation, Ellen D. Katz
The Six Companies And The Geary Act: A Case Study In Nineteenth-Century Civil Disobedience And Civil Rights Litigation, Ellen D. Katz
Articles
In 1892, the Chinese Consolidated Benevolent Association in San Francisco urged the resident Chinese community to ignore a federal law. The United States Congress had just passed the Geary Act, which required all Chinese laborers living in the United States to register with the collector of internal revenue. Under the act, those who did not register would face arrest and likely deportation. The Benevolent Association, also known as the Six Companies," claimed that the act violated both the constitutional right to due process and treaty obligations with China. To combat the legislation, the association enlisted the assistance of the Chinese …
Gasshūkoku Ni Okeru Hōgakkai To Hōjitsumukai [The Worlds Of Academics And Legal Practice In The United States], Daniel H. Foote
Gasshūkoku Ni Okeru Hōgakkai To Hōjitsumukai [The Worlds Of Academics And Legal Practice In The United States], Daniel H. Foote
Articles
I prepared this paper for a symposium entitled, "Academics and Practitioners in Japan and the United States: Can the Two Worlds Ever Meet?" When I saw the symposium title, my first reaction was that it might seem strange to ask whether the worlds of academics and legal practice can ever meet in the United States. After all, to a large degree the history of the law school in the United States has been that of an institution dedicated to the training of legal practitioners; the vast majority of US law professors are members of the bar; and many, if not …
Four Views Of Japanese Attorneys, Daniel H. Foote
Four Views Of Japanese Attorneys, Daniel H. Foote
Articles
The four articles translated below appeared in a special collection entitled: Bengoshi--san Monosatari-or, A Tale of Lawyers. This collection was No. 198 in the Bessatsu Takarajma series, a series that contains such other tides as: How to Develop Brain Power (Noryoku toreningu no gijutsu, No. 41), The Court Game (Salban gemu, No. 169), and The Dark Side of Real Estate (Fudosan no ura, No. 177). As these titles ·reflect, publications in the series are aimed at the mass market. not the world of academics. A further caveat is thatr as with the majority …