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Articles 5491 - 5520 of 6082
Full-Text Articles in Entire DC Network
Remarks On Law And Literature, Richard A. Posner
Justice Brennan And The Freedom Of Speech: A First Amendment Odyssey, Geoffrey R. Stone
Justice Brennan And The Freedom Of Speech: A First Amendment Odyssey, Geoffrey R. Stone
Articles
No abstract provided.
How Not To Promote Serious Deliberation About Abortion, Michael W. Mcconnell
How Not To Promote Serious Deliberation About Abortion, Michael W. Mcconnell
Articles
No abstract provided.
Multiculturalism, Majoritarianism, And Educational Choice: What Does Our Constitutional Tradition Have To Say?, Michael W. Mcconnell
Multiculturalism, Majoritarianism, And Educational Choice: What Does Our Constitutional Tradition Have To Say?, Michael W. Mcconnell
Articles
No abstract provided.
Accommodation Of Religion: An Update And A Response To The Critics, Michael W. Mcconnell
Accommodation Of Religion: An Update And A Response To The Critics, Michael W. Mcconnell
Articles
No abstract provided.
Current Challenges To Free Expression: A New Age Of Repression, Geoffrey R. Stone
Current Challenges To Free Expression: A New Age Of Repression, Geoffrey R. Stone
Articles
No abstract provided.
Meta, Patricia Durr
Meta, Patricia Durr
Articles
For a class project, two young college students interview a Holocaust survivor who is Deaf and discover the atrocities of the Holocaust through the woman's stories.
Flimsy Precedent And Narrow Vision: A Call For Congressional Amendment Of Title Vii And The Ada In Response To Boureslan, Monique C. Lillard
Flimsy Precedent And Narrow Vision: A Call For Congressional Amendment Of Title Vii And The Ada In Response To Boureslan, Monique C. Lillard
Articles
No abstract provided.
The Duty To Respect Generally Accepted International Standards, Bernard H. Oxman
The Duty To Respect Generally Accepted International Standards, Bernard H. Oxman
Articles
No abstract provided.
Democratizing America Through Law, Cass R. Sunstein
All Quiet On The Eastern Front, Richard A. Epstein
The Interplay Of Product Definition, Design And Trade Dress, Daniel J. Gifford
The Interplay Of Product Definition, Design And Trade Dress, Daniel J. Gifford
Articles
In the present Essay, I discuss some of the roles played by trademark law in stimulating competition among producers to develop new varieties of products and services. I argue that trademarks perform a particularly useful role in engendering innovation, and that this role was, for a time, threatened by the particular approach to genericity followed by the Ninth Circuit in its well-known Anti-Monopoly 1 decisions. I also argue that the developing law of trade dress performs a different, but nonetheless complementary, role in encouraging innovation.
Adjudication In Independent Tribunals: The Role Of An Alternative Agency Structure, Daniel J. Gifford
Adjudication In Independent Tribunals: The Role Of An Alternative Agency Structure, Daniel J. Gifford
Articles
Much present-day administrative adjudication takes place in a procedural context which is significantly different from that of the traditional regulatory agency. 1 In agency proceedings ranging from administrative enforcement under the Occupational Safety and Health Act to the resolution of claims under the veterans benefits acts, adjudication is conducted by tribunals which are practically and often formally independent of the administering or enforcement authority. Appeals or review functions are performed either by other independent administrative bodies or the courts. In the classic regulatory agencies the opposite was the case. In those agencies, the agency head invariably held the power of …
The 42nd Session Of The Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, Reed Brody, Maureen Convery, David Weissbrodt
The 42nd Session Of The Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, Reed Brody, Maureen Convery, David Weissbrodt
Articles
The UN Sub-Commission on Prevention of Discrimination and Protection of Minorities began its forty-second session' on 6 August 1990 under unusual pressure; meeting four days after Iraq's invasion of Kuwait, it faced a tense world situation with an overcrowded agenda of studies and human rights violations in particular count
Major Developments At The Un Commission On Human Rights In 1991, Penny Parker, David Weissbrodt
Major Developments At The Un Commission On Human Rights In 1991, Penny Parker, David Weissbrodt
Articles
The forty-seventh session of the United Nations Commission on Human Rights met from 28 January to 8 March 1991. The session, overshadowed by the then ongoing Persian Gulf War, was the last before Commission membership was raised from forty-three to fifty-three to remedy the under-representation of developing countries. Discussions about a restructured agenda, as well as the possible need for additional meetings and more financial resources, were held in connection with this future enlargement of the Commission. The Commission adopted eighty-two resolutions and ten decisions, of which sixty-six resolutions and nine decisions were by consensus.(1) Among the most significant were …
Public Prosecution And Hydro-Engineering, Michael Tonry
Public Prosecution And Hydro-Engineering, Michael Tonry
Articles
There are inherent tensions between conceptions of public prosecutors as elected officials who respond to public intolerance of crime and criminals and as officers of the court who answer to normative injunctions of fairness and dispassion. Discussion of prosecutors' roles has progressed little beyond recognition of inherent tensions. There is no literature on prosecutorial strategies. The empirical literature on prosecutorial operations is scant.
Guilty Of The Crime Of Trust: Nonstranger Rape, Beverly Balos, Mary Louise Fellows
Guilty Of The Crime Of Trust: Nonstranger Rape, Beverly Balos, Mary Louise Fellows
Articles
Current law allows defendants to use a preexisting relationship to give credibility to a defense of consent or reasonable, good faith belief of consent. However, the law acknowledges various connections between people and recognizes that under certain circumstances it is appropriate both to prevent a person from acting and to require a person to act. If courts applied the doctrine of confidential relationships to acquaintance rape, evidence of the relationship would impose upon the defendant a heightened duty of care to the victim. This heightened duty of care would change the mental element of the crime. It would also change …
Employee Handbooks And The Legal Effect Of Disclaimers, Stephen F. Befort
Employee Handbooks And The Legal Effect Of Disclaimers, Stephen F. Befort
Articles
In his article, Professor Befort discusses the use of employee handbook disclaimers in the workplace. He begins the article with an examination of the employment-at-will rule, its history, and exceptions which recently have been utilized by courts that refuse to apply the rule under certain conditions. He then turns to the use of handbook disclaimers and explores the varying contexts in which courts agree or decline to enforce them. Finally, Professor Befort offers a somewhat different approach which takes into account both the benefits employers derive from the use of handbooks and the reasonable expectations they instill in employees.
The Effectiveness Of International Human Rights Pressures: The Case Of Argentina, 1976-1983, David Weissbrodt, Maria Luisa Bartolomei
The Effectiveness Of International Human Rights Pressures: The Case Of Argentina, 1976-1983, David Weissbrodt, Maria Luisa Bartolomei
Articles
One significant gap in the burgeoning academic literature of international human rights law is the lack of research related to the impact of international and national procedures on the actual protection of human rights. 1 It is remarkable that almost no academics or activists have even attempted to assess the effectiveness of human rights measures. Of course, demonstrating effectiveness in any area of human endeavor, particularly international human rights work, is very difficult. Many human rights advocates investigate abuses and write letters to governments because they believe that speaking out is better than remaining silent in the face of repression. …
Musings On A Clinic Report: A Selective Agenda For Clinical Legal Education In The 1990'S, Stephen F. Befort
Musings On A Clinic Report: A Selective Agenda For Clinical Legal Education In The 1990'S, Stephen F. Befort
Articles
These are the alleged decline in live-client clinical education, the educational objectives of clinical education, the financing of clinics, the appropriate status for clinical faculty, and the relationships between clinical and nonclinical faculty. The report revealed that student demand for clinical instruction has not declined. It also identified eight pedagogical goals and a public-service goal for live-client clinical education. In addition, it recommended a strong effort to obtain increased financial support through Federal grants. Furthermore, it noted that the status of clinical faculty has improved considerably at many law schools, but the issue of faculty status will continue to be …
To Tell What We Know Or Wait For Godot?, Phoebe C. Ellsworth
To Tell What We Know Or Wait For Godot?, Phoebe C. Ellsworth
Articles
Professor Elliott raises two questions about the American Psychological Association's practice of submitting amicus briefs to the courts. First, are our data sufficiently valid, consistent, and generalizable to be applicable to the real world issues? Second, are amicus briefs adequate to communicate scientific findings? The first of these is not a general question, but must be addressed anew each time the Association considers a new issue. An evaluation of the quality and sufficiency of scientific knowledge about racial discrimination, for example, tells us nothing at all about the quality and sufficiency of scientific knowledge about sexual abuse. "Are the data …
Authority And Responsibility: The Jurisprudence Of Deference, Joseph Vining
Authority And Responsibility: The Jurisprudence Of Deference, Joseph Vining
Articles
he connection between authority and responsibility is such that the one cannot be thought of without the other. In legal method, close reading and rereading of a text marks it as an authoritative text; the presupposition of mind which is necessary to close reading is presupposition of a responsible mind. In the working of institutions that embody authority, the disposition to follow the decisions and statements of a person responsible for a matter inevitably rests upon a presupposition that the decisions and statements followed are those of the responsible person. As that presupposition fades with bureaucratization of decision and writing, …
Ex Proprio Vigore, James J. White
Ex Proprio Vigore, James J. White
Articles
The National Conference of the Commissioners on Uniform State Laws (NCCUSL) is a legislature in every way but one. It drafts uniform acts, debates them, passes them, and promulgates them, but that passage and promulgation do not make these uniform acts law over any citizen of any state. These acts become the law of the various states only ex proprio vigore - only if their own vitality influences the legislators of the various states to pass them.
Dangerous Liaisons: Seduction And Betrayal In Confidential Press-Source Relations, Lili Levi
Dangerous Liaisons: Seduction And Betrayal In Confidential Press-Source Relations, Lili Levi
Articles
No abstract provided.
On Separable Torsion- Free Modules Of Countable Density Character, R. Gobel, Brendan Goldsmith
On Separable Torsion- Free Modules Of Countable Density Character, R. Gobel, Brendan Goldsmith
Articles
The endomorphism algebras of modules of large cardinalities have been extensively studied in recent years using the combinatorial set-theoretic techniques of Shelah-the so-called black-box methods (see, e.g., [4, 5, 151). Despite the spectacular success of these methods, they are not suitable for realization theorems at small carinalities. Of course at the level of countability (or rather more generally for cardinals ~2’~) there are in some cases the original dramatic results of A. L. S. Corner [ 1, 2, 31 and the more recent generalizations of Gobel and May [ 111. Very recently the study of realization problems at cardinalities
Our Meanings Can Never Be The Same: Reflections On Language And Law, James Boyd White
Our Meanings Can Never Be The Same: Reflections On Language And Law, James Boyd White
Articles
For me it is a starting point in all thought about language that, whatever I say or do with words, my expression will never mean exactly the same thing to you that it does to me; and of course yours will never mean exactly the same thing to me that it does to you. It cannot: each act of expression is a gesture against a context; it derives its meaning largely. perhaps entirely, from its relation to that context; and for each of us the context of every gesture is different, if only because one of us is doing it, …
Rethinking Alimony: Marital Decisions And Moral Discourse, Carl E. Schneider
Rethinking Alimony: Marital Decisions And Moral Discourse, Carl E. Schneider
Articles
The riddle of alimony is why one former spouse should have to support the other when no-fault divorce seems to establish the principle that marriage need not be for life and when governmental regulation of intimate relationships is conventionally condemned. Perhaps the most intelligent and probing recent attempt to solve that riddle is Ira Ellman's The Theory of Alimony. In this article, I have two purposes. The first is to ask some questions about Professor Ellman's admirable inquiry into this intricate and intractable problem. These questions are not intended to disprove "the theory." Professor Ellman has, at the least, identified …
When Is There A Constitutional 'Right To Die'? When Is There No Constitutional 'Right To Live'?, Yale Kamisar
When Is There A Constitutional 'Right To Die'? When Is There No Constitutional 'Right To Live'?, Yale Kamisar
Articles
When I am invited to participate in conferences on the "right to die," I suspect that the organizers of such gatherings expect me to fill what might be called the " 'slippery slope' slot" on the program or, more generally, to articulate the "conservative" position on this controversial matter. These expectations are hardly surprising. The "right to die" is a euphemism for what almost everybody used to call a form of euthanasia-" passive" or "negative" or "indirect" euthanasia-and some thirty years ago, in the course of raising various objections to proposed euthanasia legislation, I advanced the "thin edge of the …
Comment On Preliminary Report On Freedom Of Expression And Campus Harassment Codes, Terrance Sandalow
Comment On Preliminary Report On Freedom Of Expression And Campus Harassment Codes, Terrance Sandalow
Articles
Campus harassment codes pose an unprecedented problem for the AAUP, not only because the issues of academic freedom they raise are novel, but also because the academic community is itself deeply divided over those issues. Historically, the major assaults upon academic freedom have come from outside the academy--from politicians, trustees, and donors who have sought to limit inquiry and restrict the expression of unpopular views. Ideas about academic freedom have been shaped in the course of repelling these assaults and in constructing barricades that will safeguard the freedoms to teach and to learn that are at the center of the …
Expert Evidence, Samuel R. Gross
Expert Evidence, Samuel R. Gross
Articles
It seems that the use of expert witnesses in common law courts has always been troublesome. In his Treatise on the Law of Evidence, first published in 1848, Judge John Pitt Taylor describes several classes of witnesses whose testimony should be viewed with caution, including: enslaved people (which accounts for "the lamentable neglect of truth, which is evinced by most of the nations of India, by the subjects of the Czar, and by many of the peasantry in Ireland"); women (because they are more susceptible to "an innate vain love of the marvelous"); and "foreigners and others ... living out …