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Articles 5311 - 5340 of 6071
Full-Text Articles in Entire DC Network
Excommunication In Twelfth Century England, Richard H. Helmholz
Excommunication In Twelfth Century England, Richard H. Helmholz
Articles
No abstract provided.
Political Equality And Unintended Consequences, Cass R. Sunstein
Political Equality And Unintended Consequences, Cass R. Sunstein
Articles
No abstract provided.
The First Amendment In Cyberspace, Cass R. Sunstein
A New Deal For Speech, Cass R. Sunstein
Strength In Diversity: Feminist Theoretical Approaches To Child Custody And Same-Sex Relationships, Mary E. Becker
Strength In Diversity: Feminist Theoretical Approaches To Child Custody And Same-Sex Relationships, Mary E. Becker
Articles
No abstract provided.
The President And The Administration, Cass R. Sunstein, Lawrence Lessig
The President And The Administration, Cass R. Sunstein, Lawrence Lessig
Articles
No abstract provided.
The Damaging Impact Of The Eastman Kodak Precedent Upon Product Competition: Antitrust Law In Need Of Correction, Daniel J. Gifford
The Damaging Impact Of The Eastman Kodak Precedent Upon Product Competition: Antitrust Law In Need Of Correction, Daniel J. Gifford
Articles
In the dynamic markets of the present day, competition is the driving force behind the widespread and pervasive development of new products and new product capabilities. Innovative activity, which is especially manifest in the high-technology sectors, contributes significantly to national economic well-being. 1 Yet the courts, the bar, and most legal scholars have given inadequate attention to the critical role that antitrust rules can play in encouraging or stifling innovative activity. 2 Rather, a good deal of the traditional antitrust literature has focused narrowly upon price and output in relatively static market settings, and the newer strategic behavior branch of …
Corporate Cooperation, Relationship Management, And The Trialogical Imperative For Corporate Law, John H. Matheson, Brent A. Olson
Corporate Cooperation, Relationship Management, And The Trialogical Imperative For Corporate Law, John H. Matheson, Brent A. Olson
Articles
For large publicly held corporations, “corporate governance,” a common term in current law review articles, is an outdated term. It is outdated because it emphasizes the tensions and power struggles between corporate constituencies and implies an inevitable and immutable governance tug-of-war. It is also outdated because it masks the economic reality of the corporate enterprise: that the raison d’etre of large publicly held corporations is to maximize “longterm shareholder” and corporate value. Finally, it is outdated because today’s globally competitive marketplace requires a corporate focus on long-term performance rather than on divisive factionalism. Accordingly, this Article suggests steps toward minimizing …
Conferring On The Maccrate Report: A Clinical Gaze, Beverly Balos
Conferring On The Maccrate Report: A Clinical Gaze, Beverly Balos
Articles
The MacCrate Report' provides a strong statement about the need for legal education to take seriously its responsibility for training students in the values of the profession and skills of legal practice. It is this central focus of the Report that makes it of interest to those of us who recognize the particular contribution clinical education makes to legal training. The Task Force, appointed and supported by the American Bar Association's influential Section on Legal Education and Admissions to the Bar, affirmed in its Report the importance of clinical education and the vital role it can play in the training …
Unesco Human Rights Procedure: An Evaluation, David Weissbrodt, Rose Farley
Unesco Human Rights Procedure: An Evaluation, David Weissbrodt, Rose Farley
Articles
Analysis of United Nations Educational, Scientific, and Cultural Organization (UNESCO) human rights review procedures and cases within the UNESCO process indicates that many violations are not being addressed effectively. Improvements to the procedures should include implementing fast track and expedited procedures for certain cases, looking for complete solutions to violations, making the Committee on Conventions and Recommendations smaller and less politicized, allowing major abuses to be referred to the Director-General and defining the phases of the review process more clearly.
Comparison Of Self Pulsation In Multisection Lasers With Distributed Feedback And Intracavity Satuarable Absorbers, P. Phelan, D. Mcdonald, A. Egan, Joe Hegarty, R. O'Dowd, Gerald Farrell, S. Lingren
Comparison Of Self Pulsation In Multisection Lasers With Distributed Feedback And Intracavity Satuarable Absorbers, P. Phelan, D. Mcdonald, A. Egan, Joe Hegarty, R. O'Dowd, Gerald Farrell, S. Lingren
Articles
The authors report a comparison of the self-pulsing characteristics of two types of semiconductor laser. They show that the self-pulsing frequency of the DFB laser is decoupled from the resonance frequency. They discuss the various characteristics, their significance in relation to optical synchronisation, and use the results to suggest a possible explanation for the mechanism for self-pulsation in the DFB laser.
A Matter Of Opinion: Milkovich Four Years Later, Kathryn D. Sowle
A Matter Of Opinion: Milkovich Four Years Later, Kathryn D. Sowle
Articles
No abstract provided.
Fast Tcm Decoding: Phase Quantization And Integer Weighting, Frank Carden, Michael D. Ross, Brian T. Kopp, William P. Osborne
Fast Tcm Decoding: Phase Quantization And Integer Weighting, Frank Carden, Michael D. Ross, Brian T. Kopp, William P. Osborne
Articles
TCM, combining modulation and coding, achieves coding gains over conventional uncoded multilevel modulation without the attendant bandwidth expansion. Since TCM was proposed Ungerboeck (1982, 1987) substantial work has done in this area. A large portion of the TCM work has been in the area of high-speed data transmission over voice grade modems using quadrature amplitude modulation, QAM. QAM, not having a constant envelope, is unattractive for employing a TWT with its nonlinear behavior as the power stage. Additional work has been done in utilizing M-ary PSK with TCM. Simulations by Taylor and Chan (1981) utilizing a 4-state convolutional code demonstrated …
A Technology Policy Perspective On The Nih Gene Patenting Controversy, Rebecca S. Eisenberg
A Technology Policy Perspective On The Nih Gene Patenting Controversy, Rebecca S. Eisenberg
Articles
This article will use the NIH patent controversy as a focal point for considering when the results of government-sponsored research should be patented and when they should be dedicated to the public domain. First, this article will review the recent history of federal government policy on patenting the results of government-sponsored research. Next, this article will highlight some of the complexities involved in achieving technology transfer from the public sector to the private sector that current policy may oversimplify. With this background, this article will return to a more detailed analysis of the NIH cDNA patenting controversy and consider the …
Plato's 'Crito': The Authority Of Law And Philosophy (Symposium On Law, Literature, And The Humanities), James Boyd White
Plato's 'Crito': The Authority Of Law And Philosophy (Symposium On Law, Literature, And The Humanities), James Boyd White
Articles
My talk today will consist primarily of the interpretation of one of the dialogues of Plato, called the Crito. It will not have very much about law in it, and you may well wonder why such a lecture is being given in a law school. Let me begin by saying a word or two in response to that sensible question, as a way of framing the reading that follows.
Rodrigo's Ninth Chronicle: Race, Legal Instrumentalism, And The Rule Of Law, Richard Delgado
Rodrigo's Ninth Chronicle: Race, Legal Instrumentalism, And The Rule Of Law, Richard Delgado
Articles
No abstract provided.
Stress And Health In 1st-Year Law Students: Women Fare Worse, Daniel N. Mcintosh, Julie Keywell, Alan Reifman, Phoebe C. Ellsworth
Stress And Health In 1st-Year Law Students: Women Fare Worse, Daniel N. Mcintosh, Julie Keywell, Alan Reifman, Phoebe C. Ellsworth
Articles
The social and psychological consequences of being a female law student may include greater stress and worse health than that experienced by male students. First-year law students at a major state university were surveyed about their physical and psychological health prior to, in the middle of, and at the end of the school year. They were also asked about specific sources of strain (e.g., grades, time pressure) at mid-year. Relative to men, women reported greater strain due to sexism, lack of free time, and lack of time to spend with one’s spouse/partner. Women also displayed more depression and physical symptoms …
Democratic Credentials, Donald J. Herzog
Democratic Credentials, Donald J. Herzog
Articles
We've made a mistake, urges Bruce Ackerman. We've failed to notice, or have forgotten, that ours is a dualist democracy: ordinary representatives passing their statutes are in fact the democratic inferiors of We the People, who at rare junctures appear on the scene and affirm new constitutional principles. (Actually, he claims in passing that we have a three-track democracy.)' Dwelling lovingly on dualism, Ackerman doesn't quite forget to discuss democracy, but he comes close. I want to raise some questions about the democratic credentials of Ackerman's view. Not, perhaps, the ones he anticipates. So I don't mean to argue that …
Interstate Consolidation: A Comparison Of The Ali Project With The Uniform Transfer Of Litigation Act (American Law Institute Complex Litigation Project: A Symposium, In Memoriam Donald Theodore Trautman), Edward H. Cooper
Articles
The Uniform Transfer of Litigation Act (UTLA) was undertaken for purposes simpler than the mass consolidation of multiparty, multiforum litigation. It seeks to create an effective tool that can be used to reduce some of the artificial barriers that tradition has erected around the sovereign separateness of the many different court systems in this country. The fact of separate sovereignty must be recognized, however, and to this end consent of both transferring and receiving courts is required. Within the consent requirement, transfer from the court system of one sovereign to the court system of another can improve on present practices …
The Making Of The Model Employment Termination Act, Theodore J. St. Antoine
The Making Of The Model Employment Termination Act, Theodore J. St. Antoine
Articles
Courts in about 45 states have ameliorated the harshness of employment at will, but the common-law modifications still exhibit serious deficiencies. Legislation is needed. The Model Employment Termination Act proposes a balanced compromise. It would protect most employees against discharge without good cause and it would relieve employers of the risk of devastating financial losses When liability is imposed. Arbitration procedures under the Model Act would also be simpler, faster, and cheaper than existing court proceedings.
Controlling Inadvertent Ambiguity In The Logical Structure Of Legal Drafting By Means Of The Prescribed Definitions Of The A-Hohfeld Structural Language, Layman E. Allen, Charles S. Saxon
Controlling Inadvertent Ambiguity In The Logical Structure Of Legal Drafting By Means Of The Prescribed Definitions Of The A-Hohfeld Structural Language, Layman E. Allen, Charles S. Saxon
Articles
Two principal sources of imprecision in legal drafting (vagueness and ambiguity) are identified and illustrated. Virtually all of the ambiguity imprecision encountered in legal discourse is ambiguity in the language used to express logical structure, and virtually all of· the imprecision resulting is inadvertent. On the other hand, the imprecision encountered in legal writing that results from vagueness is frequently, if not most often, included there deliberately; the drafter has considered it and decided that the vague language· best accomplishes the purpose at hand. This paper focuses on the use of some defined terminology for minimizing inadvertent ambiguity in the …
The Parameters, Progressions, And Paradoxes Of Baron Bramwell, Anita Ramasastry
The Parameters, Progressions, And Paradoxes Of Baron Bramwell, Anita Ramasastry
Articles
No abstract provided.
If Anybody Asks You Who I Am: An Outsider's Story Of The Duty To Establish Paternity, Lisa Kelly
If Anybody Asks You Who I Am: An Outsider's Story Of The Duty To Establish Paternity, Lisa Kelly
Articles
This story is fictional but true. There is no one particular Minerva Copeland, James Walker, or Judge Jennings. Lake Village and Helena also are intended to be fictional places. I chose a format using endnotes instead of footnotes in an effort not to disrupt the flow of the narrative. The endnotes, however, are an integral part of this article and serve to provide the reader with the background necessary to understand the legal and social context in which this piece operates.
Saving Public Television: The Remand Of Turner Broadcasting And The Future Of Cable Regulation, Monroe E. Price, Donald W. Hawthorne
Saving Public Television: The Remand Of Turner Broadcasting And The Future Of Cable Regulation, Monroe E. Price, Donald W. Hawthorne
Articles
The article critiques the Supreme Court's decision in *Turner Broadcasting* for failing to adequately address key First Amendment issues, particularly the distinction between commercial and noncommercial broadcasters. While the Court focused on historical context and government-media relationships, it overlooked the unique role of noncommercial broadcasters in serving public interests like education and culture. The authors argue for a more nuanced First Amendment approach that supports public interest media without infringing on free speech rights, urging courts to recognize the value of noncommercial broadcasting.
Cosmopolitanism Inside Out: International Norms And The Struggle For Civil Rights And Local Justice The Day, Berry & Howard Visiting Scholars, Richard Delgado, Jean Stefancic
Cosmopolitanism Inside Out: International Norms And The Struggle For Civil Rights And Local Justice The Day, Berry & Howard Visiting Scholars, Richard Delgado, Jean Stefancic
Articles
No abstract provided.
Is Article 8 Finally Ready This Time? The Radical Reform Of Secured Lending On Wall Street, Jeanne L. Schroeder
Is Article 8 Finally Ready This Time? The Radical Reform Of Secured Lending On Wall Street, Jeanne L. Schroeder
Articles
The article critiques the 1977 proposed amendments to Articles 8 and 9 of the Uniform Commercial Code (UCC), arguing that while they aim to modernize securities law by replacing the outdated physical possession metaphor with the concept of "control," they fail to adequately address the complexities of indirect holdings through intermediaries. The revisions introduce "supernegotiability," prioritizing secured creditors over customers, but raise ethical concerns about rewarding dishonest behavior and potentially undermining consumer protections. The article concludes that while the changes improve market efficiency and clarity, further refinements are needed to balance the interests of all stakeholders.
Response To Bert Van Roermund, Richard H. Weisberg
Response To Bert Van Roermund, Richard H. Weisberg
Articles
The article responds to Bert van Roermund's arguments about the relationship between law and literature, emphasizing that literature serves as a unique jurisprudential source when it mimetically imitates legal expression. The author argues that literature's value lies in its ability to capture the narrative structures of legal communication, particularly in genres like the novel or novella, which self-consciously replicate legal narrativity. This mimetic quality distinguishes literature from other forms of art and makes it uniquely relevant to legal theory.
Appropriation Art And The Imminent Decline In Authorial Control Over Copyrighted Works, Marci A. Hamilton
Appropriation Art And The Imminent Decline In Authorial Control Over Copyrighted Works, Marci A. Hamilton
Articles
No abstract provided.
The Social Construction Of Brown V. Board Of Education: Law Reform And The Reconstructive Paradox Symposium: Brown V. Board Of Education After Forty Years, Richard Delgado, Jean Stefancic
The Social Construction Of Brown V. Board Of Education: Law Reform And The Reconstructive Paradox Symposium: Brown V. Board Of Education After Forty Years, Richard Delgado, Jean Stefancic
Articles
No abstract provided.
Unemployment Insurance: American Social Wage, Labor Organization And Legal Ideology, Kenneth M. Casebeer
Unemployment Insurance: American Social Wage, Labor Organization And Legal Ideology, Kenneth M. Casebeer
Articles
No abstract provided.