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Articles 5521 - 5550 of 6082
Full-Text Articles in Entire DC Network
Putting The Dormancy Doctrine Out Of Its Misery, Richard D. Friedman
Putting The Dormancy Doctrine Out Of Its Misery, Richard D. Friedman
Articles
Justice Antonin Scalia has put on the academic table the question of whether the doctrine of the dormant commerce clause should be abandoned. That is a significant contribution, for this is an issue that should be debated thoroughly. But Justice Scalia's campaign against the doctrine has been notably ambivalent. On the one hand, he argues that the doctrine lacks justification in constitutional text, history, and theory.1 On the other hand, assertedly feeling the pressure of stare decisis,2 he has gone along with, and even led, applications of the doctrine, although within narrow limits.3 In this essay, I argue that Justice …
Confessions And The Right To Silence In Japan, Daniel H. Foote
Confessions And The Right To Silence In Japan, Daniel H. Foote
Articles
In several highly-publicized recent cases in Japan, individuals convicted of murder and sentenced to death were acquitted in retrials obtained after decades on death row. These so-called "death penalty retrial cases'" generated great controversy and considerable reflection about the criminal justice system in Japan. A central, substantive issue presented by these cases relates to the procurement and use of confessions; each of these cases-and several other major recent Japanese cases in which defendants have been acquitted following bitterly contested trials-turned on the validity of repudiated confessions.
Consequently, much recent commentary has focussed on conf essions and related issues. Not surprisingly, …
Nōryoku Shōgai Wo Motsu Amerikajin Ni Kansuru Hōritsu (Ada) To Amerikahō Ni Okeru Sabetsu No Gainen [The Americans With Disabilities Act And Concepts Of Discrimination In U.S. Law], Daniel H. Foote
Articles
Paradoxical as it may seem, Title I of the Americans with Disabilities Act (hereinafter, "ADA"), which deals with employment of the disabled, at one and_ the same time represents only a gradual advance over existing law and a pathbreaking new statute with far-reaching implications. On the one hand, the ADA merely builds on the foundations laid in the Rehabilitation Act of 1973, with the key provisions of the ADA closely parallelling approaches taken in the Rehabilitation Act and regulations implementing it. On the other hand, the ADA vastly expands the coverage of the Rehabilitation Act, thereby establishing that integration of …
Justice O'Connor's Intellectual Property Opinions: Currents And Crosscurrents, Marci A. Hamilton
Justice O'Connor's Intellectual Property Opinions: Currents And Crosscurrents, Marci A. Hamilton
Articles
No abstract provided.
In Search Of Family Value: Constructing A Framework For Jurisprudential Discourse, Steven H. Hobbs
In Search Of Family Value: Constructing A Framework For Jurisprudential Discourse, Steven H. Hobbs
Articles
No abstract provided.
Zero-Based Racial Politics And An Infinity-Based Response: Will Endless Talking Cure America's Racial Ills Colloquy, Richard Delgado
Zero-Based Racial Politics And An Infinity-Based Response: Will Endless Talking Cure America's Racial Ills Colloquy, Richard Delgado
Articles
No abstract provided.
The Marcus Garvey Case: A Law And Power Theory Analysis Of Political Suppression Of Human Dignity, Steven H. Hobbs, Frank H. Fitch Iii
The Marcus Garvey Case: A Law And Power Theory Analysis Of Political Suppression Of Human Dignity, Steven H. Hobbs, Frank H. Fitch Iii
Articles
No abstract provided.
Derrick Bell's Chronicle Of The Space Traders: Would The U.S. Sacrifice People Of Color If The Price Were Right, Richard Delgado, Jean Stefancic
Derrick Bell's Chronicle Of The Space Traders: Would The U.S. Sacrifice People Of Color If The Price Were Right, Richard Delgado, Jean Stefancic
Articles
No abstract provided.
History's Challenge To Feminism, Jeanne L. Schroeder
Aeration System Design For Flat Grain Storages With An Expert System, Dennis G. Watson, Roger C. Brook
Aeration System Design For Flat Grain Storages With An Expert System, Dennis G. Watson, Roger C. Brook
Articles
An expert system, Aeration System Design (ASD), was developed for the design of aeration systems for farm-sized flat grain storages. ASD requests information about the storage problem from a user and generates a custom design drawing, component specification list, and management recommendations. The knowledge base was derived from publications and experts. ASD represents the first attempt to consolidate aeration system design guidelines and procedures for flat grain storage into an expert system. ASD uses illustrations to communicate concepts and terminology more clearly with users. A feature of ASD allows an expert to change the design guidelines and factors. For example, …
Greenmail, Golden Parachutes And The Internal Revenue Code: A Tax Policy Critique Of Sections 280g, 4999 And 5881, Edward A. Zelinsky
Greenmail, Golden Parachutes And The Internal Revenue Code: A Tax Policy Critique Of Sections 280g, 4999 And 5881, Edward A. Zelinsky
Articles
No abstract provided.
Post-Trial Motions In Private Antitrust Actions: A Practitioner's Guide, John E. Rumel
Post-Trial Motions In Private Antitrust Actions: A Practitioner's Guide, John E. Rumel
Articles
No abstract provided.
Property And Necessity, Richard A. Epstein
In Praise Of Divided Government, Richard A. Epstein
Free Exercise Revisionism And The Smith Decision, Michael W. Mcconnell
Free Exercise Revisionism And The Smith Decision, Michael W. Mcconnell
Articles
No abstract provided.
Presidential Lawmaking Powers, Frank H. Easterbrook
Foreword - Vanishing Civil Jury, The The Role Of The Jury In Civil Dispute Resolution - Introduction, Albert Alschuler
Foreword - Vanishing Civil Jury, The The Role Of The Jury In Civil Dispute Resolution - Introduction, Albert Alschuler
Articles
No abstract provided.
Success And The Judicial Power, Frank H. Easterbrook
What Has Pragmatism To Offer Law?, Richard A. Posner
Bork And Beethoven, Richard A. Posner
Flag Burning And The Constitution, Geoffrey R. Stone
Court-Annexed Arbitration: The Wrong Cure The Role Of The Jury In Civil Dispute Resolution, Diane P. Wood
Court-Annexed Arbitration: The Wrong Cure The Role Of The Jury In Civil Dispute Resolution, Diane P. Wood
Articles
No abstract provided.
No New Property, Richard A. Epstein
The Third Best Choice: An Essay On Law And History, Theodore Y. Blumoff
The Third Best Choice: An Essay On Law And History, Theodore Y. Blumoff
Articles
The thesis of this Essay is that our use of history is as essential and unavoidable as conclusive answers are irretrievable. Irretrievability exists whether the historical reality sought results from a survey of traditional historical materials in an effort to recapture original understanding, or from a common-law effort to discover the Court's own history of an issue. In either case, however, the need to attempt to recover historical truths is perceived as essential. I subscribe, for the most part, to the contextualist premise that we cannot recover sufficient historical data on issues that matter to make history determinate in the …
Paradoxes Of The Regulatory State, Cass R. Sunstein
Principles, Not Fictions Exchange, Cass R. Sunstein
Republicanism And The Preference Problem, Cass R. Sunstein
Republicanism And The Preference Problem, Cass R. Sunstein
Articles
No abstract provided.
Why The Unconstitutional Conditions Doctrine Is An Anachronism (With Particular Reference To Religion, Speech, And Abortion), Cass R. Sunstein
Why The Unconstitutional Conditions Doctrine Is An Anachronism (With Particular Reference To Religion, Speech, And Abortion), Cass R. Sunstein
Articles
No abstract provided.
Principles Against Executions, David Weissbrodt, Terri Rosen
Principles Against Executions, David Weissbrodt, Terri Rosen
Articles
The right to be free from extra-legal, arbitrary, or summary ex- ecutions is recognized in a number of international human rights in- struments. Such killings violate article 6 of the International Covenant on Civil and Political Rights,' which provides that "every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life."
Major Developments In 1990 At The Un Commission On Human Rights, Reed Brody, Penny Parker, David Weissbrodt
Major Developments In 1990 At The Un Commission On Human Rights, Reed Brody, Penny Parker, David Weissbrodt
Articles
The forty-sixth session of the United Nations Commission on Human Rights met from 29 January to 9 March 1990. It was the first meeting of the Com- mission following the democratic changes in Central Europe, the suppression of the pro-democracy movement in China, and the US invasion of Panama. The Commission also met after the General Assembly had called for an enlargement of its membership to remedy the under-representation of third world countries, while asking the Commission to study ways of making its work more effective.