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Articles 5761 - 5790 of 6085
Full-Text Articles in Entire DC Network
The Religion Clauses And The Burger Court, Philip B. Kurland
The Religion Clauses And The Burger Court, Philip B. Kurland
Articles
No abstract provided.
The Role Of The Attorney In Estate Administration, Robert Stein, Ian Fierstein
The Role Of The Attorney In Estate Administration, Robert Stein, Ian Fierstein
Articles
Estate administration is the process by which the affairs of a decedent are settled. During the course of administration of an estate, property owned by a decedent is collected and inventoried, debts and taxes are paid, and property is distributed to those having a right to succeed to it. Controversy has surrounded estate administration in recent years. 2 Critics of the process have advised the public to "avoid probate" because of allegedly high fees and unreasonable delays in settling estates; 3 the legal community has responded with various reform proposals. 4 The National Conference of Commissioners on Uniform State Laws …
Brazil's Legal Culture: The Jeito Revisited, Keith S. Rosenn
Brazil's Legal Culture: The Jeito Revisited, Keith S. Rosenn
Articles
No abstract provided.
Use And Non-Use Of Contract Law In Japan, Whitmore Gray
Use And Non-Use Of Contract Law In Japan, Whitmore Gray
Articles
This article first defines the scope of enquiry, then surveys some of the existing literature, and finally, presents the results of my preliminary survey interviews and questionnaire. It is my hope that it will serve as a basis form discussion leading to better definition of the problems for research in this area, and will suggest ways to proceed to gather the information necessary for more sophisticated exposition and commentary.
The Regime Of Warships Under The United Nations Convention On The Law Of The Sea, Bernard H. Oxman
The Regime Of Warships Under The United Nations Convention On The Law Of The Sea, Bernard H. Oxman
Articles
No abstract provided.
Rethinking The Substantive Rules For Custody Disputes In Divorce, David L. Chambers
Rethinking The Substantive Rules For Custody Disputes In Divorce, David L. Chambers
Articles
A few states, mostly in the West and South, still retain a preference in custody disputes for placing young children with their mothers. In most other states, legislatures or courts have replaced the maternal presumption with a rule directing courts to be guided solely by the child's "welfare" or "best interests." A few legislatures have created a new preference for joint custody, directing courts to consider favorably requests by a parent for such arrangements, even over the objection of the other parent. This Article argues that the trend away from the maternal presumption is sensible, but that the current best-interests …
Gates, 'Probable Cause', 'Good Faith', And Beyond, Yale Kamisar
Gates, 'Probable Cause', 'Good Faith', And Beyond, Yale Kamisar
Articles
Illinois v. Gates1 was the most eagerly awaited constitutional-criminal procedure case of the 1982 Term. I think it fair to say, however, that it was awaited a good deal more eagerly by law enforcement officials and the Americans for Effective Law Enforcement than by defense lawyers and the American Civil Liberties Union. As it turned out, of course, the Gates Court, to the disappointment of many, did not reach the question whether the exclusionary rule in search and seizure cases should be modified so as not to require the exclusion of evidence obtained in violation of the fourth amendment when …
Taking Witherspoon Seriously: The Search For Death-Qualified Jurors, Eric Schnapper
Taking Witherspoon Seriously: The Search For Death-Qualified Jurors, Eric Schnapper
Articles
This Article assesses, in light of fifteen years of judicial experience under Witherspoon v. Illinois, 391 U.S. 510 (1968), the meaning and impact of that decision and the practical and legal problems that arise in its application. The analysis draws heavily on actual voir dires reported in published opinions and considers the problems that judges and attorneys face when attempting to distinguish jurors who cannot be excluded under Witherspoon(commonly referred to as "death-qualified" jurors) from jurors who may be excluded for cause. Part II discusses the ways in which Witherspoon altered the law regarding jury selection in capital …
Fact, Norm, And Standard Of Review - The Case Of Homosexuality Symposium: The Legal System And Homosexuality - Approbation, Accommodation, Or Reprobation, Richard Delgado
Fact, Norm, And Standard Of Review - The Case Of Homosexuality Symposium: The Legal System And Homosexuality - Approbation, Accommodation, Or Reprobation, Richard Delgado
Articles
No abstract provided.
The Language Of The Arms Race: Should The People Limit Government Speech, Richard Delgado
The Language Of The Arms Race: Should The People Limit Government Speech, Richard Delgado
Articles
No abstract provided.
Performance Comparison Of Likelihood, Hard-Limited, And Linear Combining Receivers For Fh-Mfsk Mobile Radio--Base-To-Mobile Transmission, R. Viswanathan, S. C. Gupta
Performance Comparison Of Likelihood, Hard-Limited, And Linear Combining Receivers For Fh-Mfsk Mobile Radio--Base-To-Mobile Transmission, R. Viswanathan, S. C. Gupta
Articles
The performances of three receivers, namely, the hard-limited, the linear, and the maximum-likelihood combiners for the detection of frequency-hopped multilevel frequency-shift keyed signals transmitted from mobiles to base have been reported earlier [11]. Only the hard-limited combiner has been analyzed with respect to base-to-mobile link [1]. Here, we give new results on the performance of the likelihood and the linear combining receivers operating at the mobiles. Whereas it is possible to find exactly the union bound on the probability of hit error for a linear combiner, for a likelihood receiver, bounding and approximation techniques such as simple Chernoff bound and …
Adjacent Cell Interference In Fh-Mfsk Cellular Mobile Radio System, R. Viswanathan, Someshwar C. Gupta
Adjacent Cell Interference In Fh-Mfsk Cellular Mobile Radio System, R. Viswanathan, Someshwar C. Gupta
Articles
The effect of adjacent cell interference in cellular mobile system using FH-MFSK transmission is evaluated quantitatively. The performance of base to mobile communication in the system is analyzed, assuming perfect synchronization between users in all the cells. Analysis of the system employing no power control shows that the number of simultaneous users possible at average bit error probability Pb of less than 1 × 10-3 is reduced greatly from the corresponding figure for the isolated cell (which is about 170). It is then shown that a simple power control strategy could reduce the adjacent cell interference significantly. A …
The Derivative And Discretionary-Function Immunities Of Presidential And Congressional Aides In Constitutional Tort Actions, Kathryn D. Sowle
The Derivative And Discretionary-Function Immunities Of Presidential And Congressional Aides In Constitutional Tort Actions, Kathryn D. Sowle
Articles
No abstract provided.
Bankruptcy And Probate Jurisdiction Before 1571, Richard H. Helmholz
Bankruptcy And Probate Jurisdiction Before 1571, Richard H. Helmholz
Articles
No abstract provided.
Interstate Exploitation And Judicial Intervention, Saul Levmore
Interstate Exploitation And Judicial Intervention, Saul Levmore
Articles
No abstract provided.
Blackmail, Inc., Richard A. Epstein
Statutes' Domains, Frank H. Easterbrook
Content Regulation And The First Amendment, Geoffrey R. Stone
Content Regulation And The First Amendment, Geoffrey R. Stone
Articles
No abstract provided.
The Constitution In The Supreme Court: Article Iv And Federal Powers, 1836-1864, David P. Currie
The Constitution In The Supreme Court: Article Iv And Federal Powers, 1836-1864, David P. Currie
Articles
Continuing his critical analysis of the constitutional decisions of the Taney period, Professor Currie examines cases involving the privileges and immunities clause, fugitives from slavery and criminal prosecution, and intergovernmental immunities, as well as cases dealing with the scope of federal judicial and legislative powers. In these decisions, with the glaring exception ofScott v. Sandford, he finds additional evidence that in general the Taney Court continued to enforce constitutional limitations vigorously against the states and to construe federal authority generously.
Hail To The Chief: Earl Warren And The Supreme Court, Dennis J. Hutchinson
Hail To The Chief: Earl Warren And The Supreme Court, Dennis J. Hutchinson
Articles
No abstract provided.
The New Deal Regulatory Model: A History Of Criticisms And Refinements, Daniel J. Gifford
The New Deal Regulatory Model: A History Of Criticisms And Refinements, Daniel J. Gifford
Articles
When the Roosevelt administration took office in March 1933, the nation was suffering from the onslaught of the Great Depression. The complex set of economic and regulatory policies constituting President Franklin Roosevelt's "New Deal" focused primarily on restoring health to the economy and secondarily on achieving a modicum of income redistribution. The Roosevelt administration, however, possessed neither a clear understanding of the causes of the Depression, nor a coherent, stable, and workable scheme for ending it. Nevertheless, that administration's tenure produced widespread federal economic regulation and brought ferment, imagination, and creativity to theoretical and practical regulatory techniques.
Discretionary Decisionmaking In The Regulatory Agencies: A Conceptual Framework, Daniel J. Gifford
Discretionary Decisionmaking In The Regulatory Agencies: A Conceptual Framework, Daniel J. Gifford
Articles
For years, Professor Kenneth Culp Davis has directed the professional public's attention to the prevalence of what he believes to be insufficiently confined administrative discretion. 1 Davis has found powers of unduly wide latitude in agencies and administrators, such as tax collectors, 2 police officers, 3 welfare administrators, 4 and independent agencies supervising business behavior. 5 In general, Davis recommends confining the discretionary powers of agencies and officials more narrowly than they have been done in the past. He suggests that where discretion cannot practically be so confined, it should be "checked" or "structured." 6 Thus, Davis urges that "one …
The Persistence Of Classical Style, Patrick O. Gudridge
The Persistence Of Classical Style, Patrick O. Gudridge
Articles
No abstract provided.
How Judges Speak: Some Lessons On Adjudication In Billy Budd, Sailor With An Application To Justice Rehnquist, Richard H. Weisberg
How Judges Speak: Some Lessons On Adjudication In Billy Budd, Sailor With An Application To Justice Rehnquist, Richard H. Weisberg
Articles
The article examines how authority figures use language and procedural structures to shape outcomes in both literary and legal contexts, highlighting the tension between formal legal processes and true justice. Through a comparative analysis of Herman Melville's Billy Budd, Sailor and the Supreme Court case Paul v. Davis, the article argues that "considerate communication"—a subtle form of manipulation—can distort reality and undermine fairness in adjudication. It critiques legal systems that prioritize formality over substance, emphasizing how narrative techniques and rhetorical strategies in both literature and law can mask subjective biases and influence decisions.
The Corporate Governance Movement, Daniel R. Fischel
The Corporate Governance Movement, Daniel R. Fischel
Articles
In the past decade a number of commentators have argued that corporations have failed to meet their responsibilities to shareholders and the public. To remedy this perceived failure, these commentators have advocated a variety of corporate governance proposals. In this Article Professor Fischel challenges the notion that any problem exists in the current mode of corporate governance. He contends that reformers have wrongly assumed the existence of a "problem" because of their failure to understand the economic theory underlying the corporate form of firm organization. Professor Fischel argues further that no empirical evidence exists to support the contentions of advocates …
Book Review (Reviewing Michael E. Parrish, Felix Frankfurter And His Times: The Reform Years (1982)), Philip B. Kurland
Book Review (Reviewing Michael E. Parrish, Felix Frankfurter And His Times: The Reform Years (1982)), Philip B. Kurland
Articles
No abstract provided.
The Search For Truth Continued, The Privilege Retained: A Response To Judge Frankel, Albert Alschuler
The Search For Truth Continued, The Privilege Retained: A Response To Judge Frankel, Albert Alschuler
Articles
No abstract provided.
Antitrust Suits By Targets Of Tender Offers, Frank H. Easterbrook, Daniel R. Fischel
Antitrust Suits By Targets Of Tender Offers, Frank H. Easterbrook, Daniel R. Fischel
Articles
No abstract provided.
Toward An Economic Theory Of Federal Jurisdiction, Richard A. Posner
Toward An Economic Theory Of Federal Jurisdiction, Richard A. Posner
Articles
No abstract provided.
The Regulation Of Insider Trading, Daniel R. Fischel, Dennis W. Carlton
The Regulation Of Insider Trading, Daniel R. Fischel, Dennis W. Carlton
Articles
No abstract provided.