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Articles 5371 - 5400 of 8252
Full-Text Articles in Entire DC Network
The U.S. Antitrust Laws In A Global Context, Diane P. Wood
The U.S. Antitrust Laws In A Global Context, Diane P. Wood
Articles
No abstract provided.
Legal Pragmatism Defended, Richard A. Posner
The Perils Of Posnerian Pragmatism, Richard A. Epstein
Democracy, Markets, And Doomsaying: Is Ethnic Conflict Inevitable? (Reviewing Amy Chua, World On Fire : How Exporting Free Market Democracy Breeds Ethnic Hatred And Global Instability (2003)), Tom Ginsburg
Articles
No abstract provided.
In Defense Of The 'Old' Public Health: The Legal Framework For The Regulation Of Public Health, Richard A. Epstein
In Defense Of The 'Old' Public Health: The Legal Framework For The Regulation Of Public Health, Richard A. Epstein
Articles
The traditional forms of public health law were directed largely toward communicable diseases and other externalities, such as pollution, with negative health impacts. The more modern view treats any health issue as one of public health so long as it affects large numbers of individuals, and this definition includes such matters as obesity and diabetes. This paper examines the historical and constitutional evolution of the public health principle as it moved from the narrower to the broader conception. It then argues that the narrower principle better defines the appropriate scope of coercive government intervention than the broader definition, which could …
Reflections On The Historical Origins Of Economic Structure Of The Law Merchant, Richard A. Epstein
Reflections On The Historical Origins Of Economic Structure Of The Law Merchant, Richard A. Epstein
Articles
No abstract provided.
Skepticism And Freedom: The Intellectual Foundations Of Our Constitutional Order, Richard A. Epstein
Skepticism And Freedom: The Intellectual Foundations Of Our Constitutional Order, Richard A. Epstein
Articles
No abstract provided.
On Gun Registration, The Nra, Adolf Hitler, And Nazi Gun Laws: Exploding The Gun Culture Wars (A Call To Historians), Bernard E. Harcourt
On Gun Registration, The Nra, Adolf Hitler, And Nazi Gun Laws: Exploding The Gun Culture Wars (A Call To Historians), Bernard E. Harcourt
Articles
No abstract provided.
Rethinking Racial Profiling: A Critique Of The Economics, Civil Liberties, And Constitutional Literature, And Of Criminal Profiling More Generally, Bernard E. Harcourt
Rethinking Racial Profiling: A Critique Of The Economics, Civil Liberties, And Constitutional Literature, And Of Criminal Profiling More Generally, Bernard E. Harcourt
Articles
No abstract provided.
Corporate Heroin: A Defense Of Perks, Executive Loans, And Conspicuous Consumption, M. Todd Henderson, James C. Spindler
Corporate Heroin: A Defense Of Perks, Executive Loans, And Conspicuous Consumption, M. Todd Henderson, James C. Spindler
Articles
We argue that firms undertake to reduce employee savings in order to avoid final period problems that occur when employees accumulate enough wealth to retire and leave the industry. Normally, reputation constrains employee behavior, since an employee who "cheats" at one firm will then find herself unable to get a job at another However, employees who have saved such that they no longer care about continued employment will act opportunistically in the final periods of employment, which can destroy much or all of the surplus otherwise created by the employment relationship. We believe that this sort of final period cheating …
Small Business Case Studies: Application Of Safety & Health Management Systems, Jennifer Schneider
Small Business Case Studies: Application Of Safety & Health Management Systems, Jennifer Schneider
Articles
No abstract provided.
Pigment Selection Using Kubelka-Munk Turbid Media Theory And Non-Negative Least Square Technique, Mahnaz Mohammadi, Mahdi Nezamabadi, Lawrence Taplin
Pigment Selection Using Kubelka-Munk Turbid Media Theory And Non-Negative Least Square Technique, Mahnaz Mohammadi, Mahdi Nezamabadi, Lawrence Taplin
Articles
This report describes a process of pigment selection for reconstructing the Gamblin Conservation Colors and various artist pigments dispersed in linseed oil. Single constant Kubelka–Munk (K-M) turbid media theory and a non-negative least square (NNLS) optimization technique were employed in this experiment. Eleven pigments were selected as representative of the 30-pigments Gamblin Conservation Colors. These were quinacridone red (PV 19), venetian red (PR 101), cadmium red medium (PR 108), cadmium yellow medium (PY 37), indian yellow (PY 83), chromium oxide green (PG 17), phthalocyanine green (PG 7), phthalocyanine blue (PB 15:2), cobalt blue (PB 28), titanium dioxide white (PW 6), …
Benchmark Report Of The Occupational Safety And Health Administration (Osha) Voluntary Protection Program (Vpp) And The Safety And Health Achievement Recognition Program (Sharp), Jennifer Schneider, Kitren Vanstrander, Joseph Brandine
Benchmark Report Of The Occupational Safety And Health Administration (Osha) Voluntary Protection Program (Vpp) And The Safety And Health Achievement Recognition Program (Sharp), Jennifer Schneider, Kitren Vanstrander, Joseph Brandine
Articles
Small businesses are faced with barriers when it comes to safety and health management. Unlike larger companies, they may not have the expertise or resources necessary to build effective programs. The goal of this study is to gather information about what motivates small businesses to implement safety & health management systems and identify any issues/barriers that are unique to small-sized companies. Members of the Voluntary Protection Program Participants Association (VPPPA) and the Safety and Health Achievement Recognition Program (SHARP) were selected for the survey because they have already been through the process of implementing safety & health management systems and …
Evaluation Of Ten Psychometric Criteria For Circumplex Structure, G. Scott Acton, William Revelle
Evaluation Of Ten Psychometric Criteria For Circumplex Structure, G. Scott Acton, William Revelle
Articles
This study tested for sensitivity to circumplex structure in six existing and four new psychometric criteria that assess the circumplex properties of interstitiality, equal spacing, constant radius, and no preferred rotation. Simulations showed one criterion to be sensitive to equal versus unequal axes(Fisher Test) and four to be sensitive to interstitiality versus simple structure (Gap Test, Variance Test 2, Rotation Test, and Minkowski Test). Five criteria were ineffective (Squared Loadings Index, Gap* Test, Gap Difference Test, Cosine Difference Test, and Variance Test 1). Deviation scoring improved the effectiveness of most criteria and is thus recommended for assessing circumplex structure. This …
Remarks On Case-Management Criminal Mediation, Maureen Laflin
Remarks On Case-Management Criminal Mediation, Maureen Laflin
Articles
No abstract provided.
Professionalism's Second Wave: A Sampling Of Issues Arising Within Legal Education, Donald L. Burnett Jr.
Professionalism's Second Wave: A Sampling Of Issues Arising Within Legal Education, Donald L. Burnett Jr.
Articles
No abstract provided.
Valuing Life: A Plea For Disaggregation, Cass R. Sunstein
Valuing Life: A Plea For Disaggregation, Cass R. Sunstein
Articles
Each government agency uses a uniform figure to measure the value of a statistical life (VSL). This is a serious mistake. The very theory that underlies current practice calls for far more individuation of the relevant values. According to that theory, VSL should vary across risks. More controversially, VSL should vary across individuals-even or especially if the result would be to produce a lower number for some people than for others. One practical implication is that a higher value should be given to programs that reduce cancer risks. Another is that government should use a higher VSL for programs that …
Liberty After Lawrence, Cass R. Sunstein
Lives, Life-Years, And Willingness To Pay, Cass R. Sunstein
Lives, Life-Years, And Willingness To Pay, Cass R. Sunstein
Articles
In protecting safety, health, and the environment, government has increasingly relied on cost-benefit analysis. In undertaking cost-benefit analysis, the government has monetized risks of death through the idea of the value of a statistical life (VSL), currently assessed at about $6.1 million. But the government should rely instead on the value of a statistical life-year (VSLY), in a way that would likely result in lower benefits calculations for elderly people, and higher benefits calculations for children. The hard question involves not whether to undertake this shift, but how to monetize life-years, and here willingness to pay (WTP) is generally the …
Market Efficiency And Rationality: The Peculiar Case Of Baseball 2004 Survey Of Books Relating To The Law, Cass R. Sunstein, Richard H. Thaler
Market Efficiency And Rationality: The Peculiar Case Of Baseball 2004 Survey Of Books Relating To The Law, Cass R. Sunstein, Richard H. Thaler
Articles
No abstract provided.
National Security, Liberty, And The D.C. Circuit Recent Decisions Of The United States Court Of Appeals For The District Of Columbia Circuit, Cass R. Sunstein
National Security, Liberty, And The D.C. Circuit Recent Decisions Of The United States Court Of Appeals For The District Of Columbia Circuit, Cass R. Sunstein
Articles
No abstract provided.
Litigant Sensitivity In First Amendment Law, Adam M. Samaha
Litigant Sensitivity In First Amendment Law, Adam M. Samaha
Articles
No abstract provided.
Mcconnell V. Federal Election Commission: A Deadly Dose Of Double Deference, Richard A. Epstein
Mcconnell V. Federal Election Commission: A Deadly Dose Of Double Deference, Richard A. Epstein
Articles
No abstract provided.
The Case Against Black Reparations, Richard A. Epstein
Citizenship, Standing, And Immigration Law, Adam B. Cox
Citizenship, Standing, And Immigration Law, Adam B. Cox
Articles
Courts and commentators typically evaluate constitutional immigration law from the perspective of aliens. But that approach pays insufficient attention to the ways immigration law affects the interests and rights of citizens. In particular, an alien-centered approach fails to consider the central role immigration law plays in national self-definition and, consequently, ignores the possibility that immigration law may injure citizens by defining the national political community in constitutionally impermissible ways. Considering federal immigration law from the perspective of citizens, this Article demonstrates that immigration policy, which contemporary constitutional doctrine largely insulates from attack, should not be immune to challenges by citizens. …
Partisan Fairness And Redistricting Politics, Adam B. Cox
Partisan Fairness And Redistricting Politics, Adam B. Cox
Articles
Courts and scholars have operated on the implicit assumption that the Supreme Court's "one person, one vote" jurisprudence put redistricting politics on a fixed, ten-year cycle. Recent redistricting controversies in Colorado, Texas, and elsewhere, however, have undermined this assumption, highlighting the fact that most states are currently free to redraw election districts as often as they like. This essay explores whether partisan fairness-a normative commitment that both scholars and the Supreme Court have identified as a central concern of districting arrangements- would be promoted by a procedural rule limiting the frequency of redistricting. While the literature has not considered this …
Varieties Of Youth Justice, Anthony Doob, Michael Tonry
Varieties Of Youth Justice, Anthony Doob, Michael Tonry
Articles
No abstract provided.
Is Lawrence Libertarian?, Dale Carpenter
Is Lawrence Libertarian?, Dale Carpenter
Articles
Lawrence v. Texas 1 begins with "Liberty" and ends with "freedom." 2 For the first time in its history the Supreme Court invalidated a law criminalizing sexual conduct. Add to that sweeping statements in Lawrence celebrating individual "autonomy." 3 Consider too the Court's surprising revival of substantive due process, a doctrine entombed with musty traditions in liberty-denying decisions like Bowers v. Hardwick 4 and Washington v. Glucksberg. 5 What is more, Lawrence is not your father's substantive due process. The pre-Lawrence doctrine bifurcated the world into a large domain of almost unprotected "liberty interests" and a very small and increasingly …
International Human Rights Law Perspective On Grutter And Gratz, David Weissbrodt
International Human Rights Law Perspective On Grutter And Gratz, David Weissbrodt
Articles
There is an international human rights law aspect to Grutter v. Bollinger 1 and Gratz v. Bollinger 2 that might be missed by many lawyers and scholars who rarely consider any legal domain beyond the limits of the U.S. Constitution. Indeed, Grutter and Gratz reflect a trend in Supreme Court opinions to use international human rights sources in interpreting the Constitution.
Are Torture Warrants Warranted? Pragmatic Absolutism And Official Disobedience, Oren Gross
Are Torture Warrants Warranted? Pragmatic Absolutism And Official Disobedience, Oren Gross
Articles
May torture ever be morally or legally permissible? In Why Terrorism Works, Professor Alan Dershowitz makes two important claims. First, he rejects the notion that a prohibition on torture ought to be absolute. Second, in an attempt to limit the use of torture and maximize civil liberties Dershowitz suggests the mechanism of judicial torture warrants as a prerequisite to torturing suspected terrorists in interrogations. This article challenges both of Dershowitz's propositions by introducing two interlinked claims based on concepts of pragmatic absolutism and official disobedience. I argue that an absolute legal ban on torture ought to be maintained. However, in …