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Articles 5611 - 5640 of 6082
Full-Text Articles in Entire DC Network
Aids, Testing And The Workplace, Richard A. Epstein
Blackmail, Ronald H. Coase
The Constitution Of Business, Frank H. Easterbrook
Modern Republicanism--Or The Flight From Substance, Richard A. Epstein
Modern Republicanism--Or The Flight From Substance, Richard A. Epstein
Articles
No abstract provided.
The Unintended Revolution In Product Liability Law, Richard A. Epstein
The Unintended Revolution In Product Liability Law, Richard A. Epstein
Articles
No abstract provided.
The Ubiquity Of Prophylactic Rules, David A. Strauss
Strategic Delays And Fiduciary Duties, Saul Levmore
The Constitution In The Supreme Court: 1946-1953, David P. Currie
The Constitution In The Supreme Court: 1946-1953, David P. Currie
Articles
No abstract provided.
Children And Television Advertising: A Cognitive Development Perspective, Darach Turley, Helen Gallagher
Children And Television Advertising: A Cognitive Development Perspective, Darach Turley, Helen Gallagher
Articles
While the population growth rate in Ireland appears at least temporarily to have ground to a halt, the fact remains that this country will have to cherish and cater for a singularly sizeable children’s market for the next decade. This article begins with a qualitative examination of Irish advertising houses’ views on their respective outputs and target groups. Central to the process of communicating with the children’s market is the need to fully appreciate its heterogeneity. Psychologically speaking the “children’s market” is a misnomer. To this end, a series of questions are administered to a sample of Dublin children to …
Standing And The Privatization Of Public Law, Cass R. Sunstein
Standing And The Privatization Of Public Law, Cass R. Sunstein
Articles
No abstract provided.
Beyond The Republican Revival, Cass R. Sunstein
Beyond The Republican Revival, Cass R. Sunstein
Articles
In this Article, Professor Sunstein describes those aspects of republicanism that have the strongest claim to contemporary support, outlines the role of republican thought in the founding period, and explores some of the implications of republicanism for modern public law. Sunstein claims that the basic republican commitments involve (1) deliberation in government; (2) political equality; (3) universality, or agreement as a regulative ideal; and (4) citizenship. Professor Sunstein contends that all of these commitments played an important role during the founding period, generating a distinctive conception of governance. In his view, the common opposition between liberalism and republicanism is a …
Aids Testing In The Health Care Setting, James D. Holzhauer
Aids Testing In The Health Care Setting, James D. Holzhauer
Articles
No abstract provided.
The Right To Life During Armed Conflict: Disabled Peoples' International V. United States, David Weissbrodt, Beth Andrus
The Right To Life During Armed Conflict: Disabled Peoples' International V. United States, David Weissbrodt, Beth Andrus
Articles
Because of persecution, civil war, and economic despair, millions of people flee from their homes and go to live in other countries where they can stabilize their lives and find a safe place for themselves and their families. In 1998, the United Nations High Commissioner for Refugees estimated the number of people fleeing their home countries to exceed 22 million. 1 The right to seek and enjoy asylum is a well established principle in international law. 2 It has, however, been interpreted consistently as the right of the sovereign state to grant or deny asylum to those within its territory, …
The 39th Session Of The Un Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, Sonia Rosen, David Weissbrodt
The 39th Session Of The Un Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, Sonia Rosen, David Weissbrodt
Articles
The 39th session of the UN Sub-Commission on Prevention of Discrimination and Protection of Minorities (Sub-Commission) was held from 10 August through 4 September 1987 in Geneva, Switzerland. The Sub-Commission, established in 1947 as a subsidiary body of the Commission on Human Rights (Commission), is composed of 26 experts who are elected by the Commission. The experts are elected in their individual capacities rather than as representatives of their governments. The Sub-Commission meets annually in August-September to undertake studies and make recom- mendations to the Commission on a wide range of human rights
Lender/Owners And Cercla: Title And Liability, Ann Burkhart
Lender/Owners And Cercla: Title And Liability, Ann Burkhart
Articles
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) represents Congress' response to the problem of cleaning up hazardous waste sites. The Act and its related regulations authorize the Environmental Protection Agency (EPA) either to order the responsible parties to contain the hazardous waste on the site or to clean the site and charge the responsible parties for EPA's response costs. An unresolved issue is whether these provisions contemplate holding a lender/owner liable for response costs. In this Article, Professor Burkhart rebuts challenges to lender/owner liability. She begins by scrutinizing the language and legislative history of the liability provisions and …
Discovery In Labor Arbitration, Laura J. Cooper
Discovery In Labor Arbitration, Laura J. Cooper
Articles
The mere statement of the topic, discovery in labor arbitration, suggests a paradox. Is not the essence of the arbitration process an effort to avoid the procedural complexities that make litigation comparatively slow and costly? More than forty years ago, Learned Hand admonished a litigant distressed with the procedural failings of an arbitration proceeding:
Taxation And U.S. Multinational Investment, James R. Hines Jr.
Taxation And U.S. Multinational Investment, James R. Hines Jr.
Articles
In 1985, nonbank U.S. multinational companies employed 24.5 million workers, had worldwide sales of almost $3.5 trillion, and net income of $150 billion on assets of $4.2 trillion. The foreign (non-U.S.) affiliates of these companies had 6.4 million employees, $900 billion of those sales, and $43 billion of net income, with assets of $838 billion. United States multinationals accounted for roughly three-quarters of total American merchandise exports in 1985 and half of total imports, with approximately 40 percent of each category arising from transfers within U.S. multinationals between American parent firms and their own foreign affiliates. And 1985 is widely …
Law And Literature: 'No Manifesto', James Boyd White
Law And Literature: 'No Manifesto', James Boyd White
Articles
With what hopes and expectations should a lawyer turn to the reading of imaginative literature? To books and articles that purport to connect that literature in some way with the law? In particular, is "law and literature" -to which this Symposium is directed-to be thought of as an academic "field" like law and psychiatry, say, or law and economics? If so, what can it purport to teach us? If not, how is it to be thought of?
Prevention Of Antiunion Discrimination In The United States, Theodore J. St. Antoine
Prevention Of Antiunion Discrimination In The United States, Theodore J. St. Antoine
Articles
Nearly all rank-and-file employees in private businesses of any substantial size in the United States are protected by federal law against antiunion discrimination. The Railway Labor Act applies to the railroad and airline industries. The National Labor Relations Act (NLRA) applies to all other businesses whose operations "affect [interstate] commerce" in almost any way. Supervisory and managerial personnel, domestic servants, and agricultural workers are excluded from this federal scheme. Separate federal law covers the employees of the federal government. About thirty of the fifty states have statutes ensuring the right to organize on the part of some or most of …
Deferral To Arbitration And Use Of External Law In Arbitration, Theodore J. St. Antoine
Deferral To Arbitration And Use Of External Law In Arbitration, Theodore J. St. Antoine
Articles
proper definition of the appropriate roles of arbitrators, administrative agencies and the courts depends in great part on the notion that, generally speaking, in labor relations, the interpretation and application of contracts is for arbitrators, and the interpretation and application of statutes is for the administrative agencies and the courts. Arbitrators deal primarily with contract rights and administrative agencies, like the NLRB and the courts, deal primarily with statutory rights. If that distinction is maintained, the problems of deferral to arbitration and the use of external law in arbitration can be more easily resolved.
Performer's Rights And Digital Sampling Under U.S. And Japanese Law, Jessica D. Litman
Performer's Rights And Digital Sampling Under U.S. And Japanese Law, Jessica D. Litman
Articles
A year or two ago, one of my copyright students called to my attention a problem that seemed to him to pose unique difficulties for the copyright statute. The problem arises because of a technology called digital sampling.' Digital sampling is a new threat to performers' rights that has grown out of the combination of digital recording technology with music synthesizer technology. This threat is a very recent one. Indeed, the digital sampling problem is so new that copyright lawyers haven't yet figured out how to think about it.
Academic Freedom And Academic Values In Sponsored Research, Rebecca S. Eisenberg
Academic Freedom And Academic Values In Sponsored Research, Rebecca S. Eisenberg
Articles
In this Article I examine the traditional American conception of academic freedom and analyze its implications for universities formulating policies on the acceptance of sponsored research. I begin by reviewing the basic policy statements of the American Association of University Professors (AAUP) on academic freedom to identify both the academic values implicit in those statements and the assumptions about institutional relationships and individual incentives underlying their prescriptions for advancing those values. I then evaluate the validity of those underlying assumptions in contemporary sponsored research and argue that academic freedom as traditionally conceived might no longer effectively advance academic values in …
Civil Rule 52(A): Rationing And Rationalizing The Resources Of Appellate Review, Edward H. Cooper
Civil Rule 52(A): Rationing And Rationalizing The Resources Of Appellate Review, Edward H. Cooper
Articles
My text is a single and rather simple sentence from Rule 52(a) of the Federal Rules of Civil Procedure: Findings of fact, whether based on oral or documentary evidence, shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge of the credibility of the witnesses. My theme is equally simple.. Rule 52(a) serves a vital institutional role in allocating the responsibility and the power of decision between district courts and the courts of appeals. The "dearly erroneous" standard of appellate review established by the Rule is a …
Becket At The Bar--The Conflicting Obligations Of The Solicitor General, Eric Schnapper
Becket At The Bar--The Conflicting Obligations Of The Solicitor General, Eric Schnapper
Articles
This Article suggests that the Solicitor General has five quite distinct responsibilities: to provide the Supreme Court with accurate and balanced information, to help to shape the Court's docket, to assure that the government's presentations maintain a high level of professionalism, to frame government positions which strike an appropriate balance between justice and advocacy, and to identify the interests and policies of the government client whom he represents. These responsibilities at times place the Solicitor General under conflicting obligations, not merely conflicts between his or her duties to the Court and to the administration, but conflicts in the Solicitor General's …
Adr And The Dispossessed: Recent Books About The Deformalization Movement Symposium On Informal Dispute Resolution, Richard Delgado
Adr And The Dispossessed: Recent Books About The Deformalization Movement Symposium On Informal Dispute Resolution, Richard Delgado
Articles
No abstract provided.
Proprietary Rights And The Norms Of Science In Biotechnology Research, Rebecca S. Eisenberg
Proprietary Rights And The Norms Of Science In Biotechnology Research, Rebecca S. Eisenberg
Articles
As basic research in biotechnology yields increasing commercial applications, scientists and their research sponsors have become more eager to protect the commercial value of research discoveries through intellectual property law. Some scientists fear that these commercial incentives will weaken or even undermine the norms that have traditionally governed scientific research. In this Article, Professor Eisenberg examines the interaction of proprietary rights in inventions with these traditional scientific norms. Trade secrecy, she argues, is an undesirable strategy for protection of basic research discoveries because it impedes dissemination of new knowledge to the scientific community. She finds that patent law is in …
Optimal Decision Fusion In Multiple Sensor Systems, Stelios C.A. Thomopoulos, R. Viswanathan, Dimitrios C. Bougoulias
Optimal Decision Fusion In Multiple Sensor Systems, Stelios C.A. Thomopoulos, R. Viswanathan, Dimitrios C. Bougoulias
Articles
The problem of optimal data fusion in the sense of the Neyman- Pearson (N-P) test in a centralized fusion center is considered. The fusion center receives data from various distributed sensors. Each sensor implements a N-P test individually and independently of the other sensors. Due to limitations in channel capacity, the sensors transmit their decision instead of raw data. In addition to their decisions, the sensors may transmit one or more bits of quality information. The optimal, in the N-P sense, decision scheme at the fusion center is derived and it is seen that an improvement in the performance of …
Multiple Access Protocols For Data Communications Via Vsat Networks, Chester J. Wolejsza, Desmond P. Taylor, Melvyn Grossman, William P. Osborne
Multiple Access Protocols For Data Communications Via Vsat Networks, Chester J. Wolejsza, Desmond P. Taylor, Melvyn Grossman, William P. Osborne
Articles
One of the most significant advantages of VSAT Networks is the ability to link together many terminals at remote sites under a single manageable network and to adapt the performance characteristics of the network to the requirements of the type of data traffic presented to the network.
John W. Reed And The High Style, Theodore J. St. Antoine
John W. Reed And The High Style, Theodore J. St. Antoine
Articles
John Reed is the Fred Astaire of the law school world. That doesn't mean John would win prizes for his waltzing and tangoing; the kinship runs much deeper. There is the same purity of line in gesture and speech, the same trimness of content and grace of expression, and the same ineffable talent for brightening up a scene just by entering it.
The Tax Reform Act Of 1986: A Response To Professor Yorio And His Vision Of The Future Of The Internal Revenue Code, Edward A. Zelinsky
The Tax Reform Act Of 1986: A Response To Professor Yorio And His Vision Of The Future Of The Internal Revenue Code, Edward A. Zelinsky
Articles
No abstract provided.