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Articles 6091 - 6120 of 8294
Full-Text Articles in Entire DC Network
Contest And Consent: A Legal History Of Marital Rape, Jill Elaine Hasday
Contest And Consent: A Legal History Of Marital Rape, Jill Elaine Hasday
Articles
No abstract provided.
Unlocking The Mysteries Of Holy Trinity: Spirit, Letter, And History In Statutory Interpretation, Carol Chomsky
Unlocking The Mysteries Of Holy Trinity: Spirit, Letter, And History In Statutory Interpretation, Carol Chomsky
Articles
In 1892, the Supreme Court construed the Alien Contract Labor Act of 1885, which barred importation of “any alien” under contract to perform “labor or service of any kind,” as not prohibiting a New York church from hiring a British pastor to occupy its vacant pulpit. “[A] thing may be within the letter of the statute and yet not within the statute because not within its spirit, nor within the intention of its makers,” wrote Justice David Brewer in Holy Trinity Church v. United States. Brewer's opinion is a touchstone for those seeking to overcome plain statutory language, but is …
The Curious Incident Of The Workers In The Boardroom, Brett Mcdonnell
The Curious Incident Of The Workers In The Boardroom, Brett Mcdonnell
Articles
In Silver Blaze, Sherlock Holmes investigated the disappearance of a prize horse and the killing of its trainer. At one point in the investigation the officer in charge, Inspector Gregory, asks Holmes, "'Is there any other point to which you would wash to draw my attention?' 2 Holmes replies, "'To the curious incident of the dog in the night-time.""' Gregory says "'The dog did nothing in the night-time."'' "'That was the curious incident,' remarked Sherlock Holmes."'
The Inevitable Infidelities Of Constitutional Translation: The Case Of The New Deal, John O. Mcginnis
The Inevitable Infidelities Of Constitutional Translation: The Case Of The New Deal, John O. Mcginnis
Articles
No abstract provided.
Duellism In Modern American Jurisprudence, David G. Carlson
Duellism In Modern American Jurisprudence, David G. Carlson
Articles
No abstract provided.
Performance Of Distributed Cfar Test Under Various Clutter Amplitudes, Chandrakanth H. Gowda, R. Viswanathan
Performance Of Distributed Cfar Test Under Various Clutter Amplitudes, Chandrakanth H. Gowda, R. Viswanathan
Articles
We evaluate the performances of several distributed constant false-alarm rate (CFAR) tests operating in different background clutter conditions. The analysis considers the detection of Rayleigh target in various clutters with the possibility of differing clutter power levels in the test cells of distributed radars. Numerical results studied for a two-radar system show how the false-alarm rate of the maximum order statistic (MOS) test changes with differences in the clutter power levels of the test cells. The analysis for the detection of Rayleigh target in Rayleigh clutter indicates that, with the power levels of differing test cells, the OR fusion rule …
The Risks Of Adjudicating Vichy, Richard H. Weisberg
The Risks Of Adjudicating Vichy, Richard H. Weisberg
Articles
The article examines the risks and implications of adjudicating Vichy-era officials, focusing on Maurice Papon's trial for crimes against humanity. It highlights how the trial exposed France's complicity in the Holocaust, the role of its legal system in perpetuating anti-Semitic policies, and the challenges of addressing historical injustices decades later.
Bonus Questions--Executive Compensation In The Era Of Pay For Performance, Charles M. Yablon
Bonus Questions--Executive Compensation In The Era Of Pay For Performance, Charles M. Yablon
Articles
The article critically examines the evolution of executive compensation, particularly the shift from traditional pay structures to performance-based systems, and argues that this shift has not resolved the underlying issues of excessive pay and misaligned incentives. Instead, it has introduced new conflicts of interest and inefficiencies. The author proposes a regulatory solution—a deductibility cap on executive pay—to curb excessive compensation and better align executive incentives with shareholder interests.
Lessons From A Debacle: From Impeachment To Reform, Cass R. Sunstein
Lessons From A Debacle: From Impeachment To Reform, Cass R. Sunstein
Articles
No abstract provided.
The Jury And Scientific Evidence, Richard O. Lempert
The Jury And Scientific Evidence, Richard O. Lempert
Articles
Read court decisions and commentaries from 100, or evenfive years ago, and you will find that experts and scientific evidence were causing problems then just as they are causing problems now. I do not think that Daubert, Kumho Tire, or any change in a rule of evidence will keep expert scientific testimony from being a difficult area for the legal system. Yet we must still ask: "What are the best terms on which to deal with scientific experts, and how can weimprove the system?"
Letters Of Credit, Voidable Preferences, And The Independence Principle, William H. Widen, David Gray Carlson
Letters Of Credit, Voidable Preferences, And The Independence Principle, William H. Widen, David Gray Carlson
Articles
No abstract provided.
Letters Of Credit, Voidable Preferences, And The "Independence" Principle, David G. Carlson, William H. Widen
Letters Of Credit, Voidable Preferences, And The "Independence" Principle, David G. Carlson, William H. Widen
Articles
The article challenges the traditional application of the independence principle in letters of credit within bankruptcy law, arguing that courts have misapplied this principle, leading to rulings that unfairly protect creditors. The authors propose treating the issuance of a letter of credit as a transfer of the debtor's property, making it subject to voidable preference rules under federal bankruptcy law. They advocate for a reinterpretation of the earmarking doctrine and suggest legislative action to clarify the treatment of letters of credit in bankruptcy, ensuring fairness and consistency in the legal framework.
The Earmarking Defense To Voidable Preference Liability: A Reconceptualization, William H. Widen, David Gray Carlson
The Earmarking Defense To Voidable Preference Liability: A Reconceptualization, William H. Widen, David Gray Carlson
Articles
No abstract provided.
Juries, Hindsight, And Punitive Damage Awards: Failures Of A Social Science Case For Change, Richard O. Lempert
Juries, Hindsight, And Punitive Damage Awards: Failures Of A Social Science Case For Change, Richard O. Lempert
Articles
In their recent Arizona Law Review article entitled What Juries Can't Do Well: The Jury's Performance As a Risk Manager,' Professors Reid Hastie and W. Kip Viscusi purport to show that juries are likely to do a poor job in setting punitive damages, largely because jurors cannot avoid the influence of what is called "hindsight bias," or the tendency to see the likelihood of an event higher in retrospect than it would have appeared before it happened. In particular, they argue that hindsight bias and other cognitive biases undermine the utility of jury-set punitive damage awards as risk management devices. …
The Earmarking Defense To Voidable Preference Liability: A Reconceptualization, David G. Carlson, William H. Widen
The Earmarking Defense To Voidable Preference Liability: A Reconceptualization, David G. Carlson, William H. Widen
Articles
The article argues that the earmarking doctrine, a judge-created exception to 547b liability, should be reinterpreted under 547c1 of the Bankruptcy Code. It posits that the doctrine's current reliance on vague concepts like "control" is legally unsound and inconsistent with statutory intent. By aligning earmarking with the contemporaneous exchange defense under 547c1, the analysis would focus on the parties' intent and the timing of the exchange, eliminating the need for the controversial control criterion. This approach would bring clarity and consistency to bankruptcy law, preventing arbitrary outcomes and ensuring compliance with the Bankruptcy Code.
Albert Camus : An Existentialist With A Sense Of The Absolute, Eamon Maher
Albert Camus : An Existentialist With A Sense Of The Absolute, Eamon Maher
Articles
Material reproduced by kind permission of The Month
The Case Of The Speluncean Explorers: Revisited, Frank H. Easterbrook
The Case Of The Speluncean Explorers: Revisited, Frank H. Easterbrook
Articles
No abstract provided.
The Case Of The Speluncean Explorers: Revisited, Cass R. Sunstein
The Case Of The Speluncean Explorers: Revisited, Cass R. Sunstein
Articles
No abstract provided.
Sketch-Based Image Queries In Topographic Databases, James Carswell
Sketch-Based Image Queries In Topographic Databases, James Carswell
Articles
In this paper we present the development of a system prototype for sketch-based queries for the content-based retrieval of digital images from topographic databases. We discuss our overall strategy and associated algorithmic and implementation aspects, and present associated database design issues. The query tools devised in this research are employing user-provided sketches of the shape and spatial configuration of the object(s) which should appear in the images to be retrieved. Our matching tool is inspired by least-squares matching (lsm), and represents an extension of lsm to function with a variety of raster representations. Our strategy makes use of a hierarchical …
The Assault That Failed: The Progressive Critique Of Laissez Faire (Reviewing Barbara H. Fried, The Progressive Assault On Laissez Faire : Robert Hale And The First Law And Economics Movement (1998)), Richard A. Epstein
Articles
No abstract provided.
The Arccos And Lommel Formulations—Approximate Closed-Form Diffraction Corrections, Charles J. Daly, Navalgund A. H. Rao
The Arccos And Lommel Formulations—Approximate Closed-Form Diffraction Corrections, Charles J. Daly, Navalgund A. H. Rao
Articles
A closed-form frequency-domain formalism for spatially integrated diffraction corrections is proposed. Spatially integrated diffraction corrections are necessary when trying to characterize material with ultrasonic probing. In the case of piston transducers and point receivers, the Lommel diffraction formulation is used when the excitation is monochromatic, and the arccos diffraction formulation is used when the excitation is impulsive. The Lommel and arccos formulations are usually treated separately; here, they are connected. Specifically, the arccos diffraction formulation and Lommel diffraction formulation are shown to form an approximate Fourier transform pair. Since the Lommel formulation is amenable to closed-form spatial integration, Lommel functions …
The Tobacco Litigation And Attorneys' Fees, Daniel J. Capra, Lester Brickman, Michael Ciresi, Barbara S. Gillers, Robert Montgomery
The Tobacco Litigation And Attorneys' Fees, Daniel J. Capra, Lester Brickman, Michael Ciresi, Barbara S. Gillers, Robert Montgomery
Articles
No abstract provided.
Power, The Establishment Clause, And Vouchers, Marci A. Hamilton
Power, The Establishment Clause, And Vouchers, Marci A. Hamilton
Articles
No abstract provided.
Can Human Rights Bridge The Gap Between Universalism And Cultural Relativism? A Pluralist Assessment Based On The Rights Of Minorities, Michel Rosenfeld
Can Human Rights Bridge The Gap Between Universalism And Cultural Relativism? A Pluralist Assessment Based On The Rights Of Minorities, Michel Rosenfeld
Articles
The article argues that the debate between universalism and cultural relativism is mischaracterized and proposes pluralism as a mediating approach. It suggests that pluralism, particularly comprehensive pluralism, can reconcile the tensions between universal human rights and cultural diversity by balancing individual and group rights within a dynamic framework that respects both universal principles and particular contexts.
A Reply, Marci A. Hamilton
A Reply, Marci A. Hamilton
Articles
It is not often that one gets such immediate (and lengthy) written responses to one's work. It is both humbling and a blessing. My five interlocutors have offered me the opportunity to gaze at my own work as it is reflected in five different pools. I like some of what I see, do not recognize some of it, and will refine other aspects in this brief reply. My only regret is that I simply cannot in the space of a reply respond to many of the interesting and worthy points raised.
A Spatially Averaged Impulse Response For An Unfocused Piston Transducer, Charles J. Daly, Navalgund Rao
A Spatially Averaged Impulse Response For An Unfocused Piston Transducer, Charles J. Daly, Navalgund Rao
Articles
Fourier–Bessel theory is used to derive a closed-form solution for the spatially averaged velocity-potential impulse response associated with one-way diffraction from an unfocused piston transducer of radius a. The derivation provides additional insight into the problem of diffraction from an unfocused piston transducer.
Impeachment: The Structural Understanding, John O. Mcginnis
Impeachment: The Structural Understanding, John O. Mcginnis
Articles
No abstract provided.
Love, Loss Of Faith, And Kate O'Brien, Eamon Maher
Love, Loss Of Faith, And Kate O'Brien, Eamon Maher
Articles
Material reproduced by kind permission of Doctrine and Life
Hyperspectral Imaging: Wide-Area Spectrophotometry Using A Liquid-Crystal Tunable Filter, Robert Slawson, Zoran Ninkov, Elliott Horch
Hyperspectral Imaging: Wide-Area Spectrophotometry Using A Liquid-Crystal Tunable Filter, Robert Slawson, Zoran Ninkov, Elliott Horch
Articles
This paper reports on the use of a tunable, liquid-crystal filter to obtain simultaneous, low-resolution spectrophotometry of multiple stars within a moderately crowded field. The filter is electronically tunable to any wavelength in the range from 400 to 720 nm with a nominal passband of 10 nm FWHM. In order to evaluate the performance of this filter, the central region of the Jewel Box cluster, NGC 4755, was repeatedly imaged as the filter's central wavelength was stepped from 435 to 720 nm in successive exposures. A spectrum for each of five brighter stars in the cluster field was then reconstructed …
Professionalism: Restoring The Flame, Donald L. Burnett Jr.
Professionalism: Restoring The Flame, Donald L. Burnett Jr.
Articles
No abstract provided.