Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law (5686)
- Physical Sciences and Mathematics (488)
- Engineering (414)
- Medicine and Health Sciences (396)
- Constitutional Law (374)
-
- Courts (298)
- Supreme Court of the United States (277)
- Law and Society (243)
- Legislation (240)
- Criminal Procedure (237)
- Criminal Law (203)
- Social and Behavioral Sciences (202)
- Jurisprudence (191)
- Tax Law (188)
- Life Sciences (179)
- Civil Rights and Discrimination (159)
- Electrical and Computer Engineering (157)
- Law Enforcement and Corrections (154)
- Physics (154)
- Evidence (152)
- State and Local Government Law (151)
- Legal History (145)
- Law and Race (142)
- Intellectual Property Law (140)
- Torts (140)
- Administrative Law (136)
- Comparative and Foreign Law (132)
- Business (129)
- Computer Sciences (126)
- International Law (121)
- Institution
-
- University of Chicago Law School (2113)
- Technological University Dublin (1628)
- University of Michigan Law School (1288)
- Yeshiva University, Cardozo School of Law (634)
- University of Miami Law School (579)
-
- University of Minnesota Law School (491)
- Rochester Institute of Technology (458)
- University of Washington School of Law (410)
- University of Alabama School of Law (294)
- UIdaho Law (163)
- Southern Illinois University Carbondale (118)
- Mercer University School of Law (62)
- National Law School of India University (12)
- CentraCare Health (11)
- University of Baltimore Law (11)
- Utah State University (7)
- World Maritime University (7)
- Corewell Health (6)
- Munster Technological University (4)
- Butler University (3)
- Liberty University (3)
- Rhode Island School of Design (3)
- UAlaska System (3)
- Fordham Law School (1)
- Loyola Marymount University and Loyola Law School (1)
- Southwestern Oklahoma State University (1)
- Stephen F. Austin State University (1)
- Keyword
-
- United States Supreme Court (222)
- Law reform (129)
- Congress (97)
- History (75)
- Ireland (72)
-
- Lawyers (70)
- Corporations (66)
- Regulation (65)
- Empirical studies (58)
- State courts (54)
- Children (53)
- Discrimination (53)
- Police (53)
- Income tax (52)
- Constitution (51)
- Property (51)
- Constitutional Law (46)
- Raman spectroscopy (45)
- Trials (43)
- Technology (42)
- Bankruptcy (41)
- Admissibility (39)
- Authority (39)
- Ethics (39)
- Liability (39)
- Jurisprudence (38)
- Testimony (38)
- Decision making (37)
- Race and law (37)
- Damages (36)
- Publication Year
- Publication Type
- File Type
Articles 6301 - 6330 of 8312
Full-Text Articles in Entire DC Network
When Does Private Discrimination Justify Public Affirmative Action, Ian Ayres, Fredrick E. Vars
When Does Private Discrimination Justify Public Affirmative Action, Ian Ayres, Fredrick E. Vars
Articles
No abstract provided.
A Populist Critique Of Direct Democracy, Sherman J. Clark
A Populist Critique Of Direct Democracy, Sherman J. Clark
Articles
It is often assumed that direct democratic processes - referenda and initiatives - offer the people a chance to speak more clearly than is possible through representative processes. Courts, commentators, and political leaders have defended or described direct democratic outcomes as the voice of the "people themselves." Because plebiscites allow the people to speak directly, without the potential distortion inherent in representation, they seem ideally responsive to popular will. Indeed, even critics of direct democracy appear to grant as much. Critics are quick to point out, of course, that actual plebiscites often fall far short of the ideal. Uneven voter …
Built On Lies: Preliminary Reflections On Evidence Law As An Autopoetic System, Richard O. Lempert
Built On Lies: Preliminary Reflections On Evidence Law As An Autopoetic System, Richard O. Lempert
Articles
This Symposium on Truth and Its Rivals seems most concerned with what one might think of as the "output" side of evidence law that is, whether the rules of evidence enhance the likelihood that trial verdicts will capture the true state of the matter giving rise to the litigation. From this perspective, the legitimate rivals to truth are values that may justify decisions that eclipse the truth. The most obvious examples are rules of privilege, which allow probative information to remain concealed even where it is essential to accurate fact finding.
The Gift Of Language, Joseph Vining
The Gift Of Language, Joseph Vining
Articles
Style and substance cross-are genetically related as we now might want to say. Each draws on and is implied by the other. One point at which they cross is our sense of the nature of human language, what language is and can be, what it is not and can never be. The language of law is part of human language. Law is a distinctive form of thought, but it lives in human language. "Rule" might be thought synonymous with "law," but for all its talk of rules, the practice of law does not begin with a descriptive statement, or a …
The Slippery Slope To Bankruptcy - Should Some Claimants Get A 'Carve-Out' From Secured Credit? No: It's A Populist Craving For A Petit Bourgeois Valhalla, James J. White
Articles
In 1996, Professor Elizabeth Warren made a proposal to the American Law Institute and the Drafting Committee for Article 9 for a “20 percent set aside” for unsecured claimants. As I understand it, her proposal would amend Section 9-301 of Article 9 (the section that now implicitly subordinates a lien creditor to a prior perfected secured creditor).
Smokers' Compensation: Toward A Blueprint For Federal Regulation Of Cigarette Manufacturers, Jon D. Hanson, Kyle D. Logue, Michael S. Zamore
Smokers' Compensation: Toward A Blueprint For Federal Regulation Of Cigarette Manufacturers, Jon D. Hanson, Kyle D. Logue, Michael S. Zamore
Articles
Although nothing is certain in Washington, sweeping federal legislation in the cigarette area is more likely now than has ever been the case. Congress is currently considering several proposals for comprehensive federal regulation of the cigarette market, a market that has until now gone largely untouched by government intervention. Among those proposals, the one that has received the most attention, and the one that in fact motivated policy makers to look anew at the problems posed by cigarettes, is the proposed national tobacco resolution (the "Proposed Resolution"). The Proposed Resolution, which has been advanced by a coalition of state attorneys …
The Costs Of Cigarettes: The Economic Case For Ex Post Incentive-Based Regulation, Jon D. Hanson, Kyle D. Logue
The Costs Of Cigarettes: The Economic Case For Ex Post Incentive-Based Regulation, Jon D. Hanson, Kyle D. Logue
Articles
Cigarette smoking causes over 420,000 deaths annually in the United States, roughly twenty percent of all U.S. deaths, making cigarettes the single greatest preventable cause of death in this country. Indeed, tobacco kills more people every year than alcohol, illicit drugs, automobile accidents, violent crime, and AIDS combined. And not only are cigarettes deadly to smokers; they kill nonsmokers as well. According to a recent report from the Environmental Protection Agency (EPA), the "sidestream" or "passive" smoke from cigarettes - so-called environmental tobacco smoke (ETS) - is responsible annually for approximately 3000 lung cancer deaths, between 150,000 and 300,000 lower …
Thoughts From Across The Water On Hearsay And Confrontation, Richard D. Friedman
Thoughts From Across The Water On Hearsay And Confrontation, Richard D. Friedman
Articles
This article draws on the history of the hearsay rule, and on recent decisions of the European Court of Human Rights, to argue that the right to confrontation should be recognised as a basic principle of the law of evidence, and that aspects of the Law Commission's proposals for reform of the hearsay rule, and of the Home Office's proposals for restrictions on the right of cross-examination, are therefore unsatisfactory.
Canon, Anti-Canon, And Judicial Dissent, Richard Primus
Canon, Anti-Canon, And Judicial Dissent, Richard Primus
Articles
Several legal theorists have recently explored the idea that constitutional law has a canon, a set of greatly authoritative texts that above all others shape the nature and development of constitutional law. In a piece published earlier this year in the Harvard Law Review, Jack Balkin and Sanford Levinson enter that discussion and argue that the constitutional canon has heretofore laid too much emphasis on court cases in general and on opinions of the Supreme Court in particular. In the course of their argument, they cite an earlier study of constitutional law casebooks currently in use to show that …
Symposium Introduction Symposium: 1998 Southeast/Southwest Law Teachers Of Color Conference: Introduction, Steven H. Hobbs
Symposium Introduction Symposium: 1998 Southeast/Southwest Law Teachers Of Color Conference: Introduction, Steven H. Hobbs
Articles
No abstract provided.
U.S. Notice 98-11 And The Logic Of Subpart F: A Comparative Perspective, Reuven S. Avi-Yonah
U.S. Notice 98-11 And The Logic Of Subpart F: A Comparative Perspective, Reuven S. Avi-Yonah
Articles
In this report, Reuven S. Avi-Yonah argues that the dichotomy between active and passive income that underlies subpart F and Notice 98-11 is obsolete, and should be replaced with an explicit link to source tax rates, as most of our trading partners do in similar legislation.
The (Cloudy) Future Of Class Actions, Edward H. Cooper
The (Cloudy) Future Of Class Actions, Edward H. Cooper
Articles
The past, both proximate and remote, is often consulted in attempts to predict the future. Of course extrapolation from past to future is at best an uncertain art. Extrapolation, however, is not the only problem. Lessons from the recent past are distorted by lack of perspective. Lessons from the distant past are distorted by distance. The first step is to choose which of the competing pasts to consult. Selfishly, I choose to consult the recent past, as it continues through the present and on into the near-term future, from the perspective of the Advisory Committee on the Federal Rules of …
Up From Individualism (The Brennan Center Symposium On Constitutional Law)." , Donald J. Herzog
Up From Individualism (The Brennan Center Symposium On Constitutional Law)." , Donald J. Herzog
Articles
I was sitting, ruefully contemplating the dilemmas of being a commentator, wondering whether I had the effrontery to rise and offer a dreadful confession: the first time I encountered the countermajoritarian difficulty, I didn't bite. I didn't say, "Wow, that's a giant problem." I didn't immediately start casting about for ingenious ways to solve or dissolve it. I just shrugged. Now I don't think that's because my commitments to either democracy or constitutionalism are somehow faulty or suspect. Nor do I think it's that they obviously cohere. It's rather that the framing, "look, these nine unelected characters can strike down …
Truth And Its Rivals In The Law Of Hearsay And Confrontation (Symposium: Truth And Its Rivals: Evidence Reform And The Goals Of Evidence Law)." , Richard D. Friedman
Truth And Its Rivals In The Law Of Hearsay And Confrontation (Symposium: Truth And Its Rivals: Evidence Reform And The Goals Of Evidence Law)." , Richard D. Friedman
Articles
In this paper, I will look at the problem of hearsay and confrontation through the lens offered by this symposium's theme of "truth and its rivals." I will ask: To what extent does the law of hearsay and confrontation aspire to achieve the goal of truth in litigation? To what extent does it, or should it, seek to achieve other goals, or to satisfy other constraints on the litigation system? And, given the ends that it seeks to achieve, what should the shape of the law in this area be? My principal conclusions are as follows: In most settings, the …
Logic And Elements. (Premises And Conclusions: Symbolic Logic For Legal Analysis)." , Richard D. Friedman
Logic And Elements. (Premises And Conclusions: Symbolic Logic For Legal Analysis)." , Richard D. Friedman
Articles
We may happily agree with Holmes that logic is not the life of the law' and yet contend that logic should play a significant role in legal discourse. Logic cannot demonstrate the truth of premises, and so by itself it cannot demonstrate the merits of a legal argument. Moreover, even given the premises, it may be that a leap of faith, or intuition, has an irreducible role at least in some good legal arguments.2 But at least a sound legal argument will not be an illogical one. An argument will not be persuasive if it appears to violate basic principles …
Make-Believe: The Rules Excluding Evidence Of Character And Liability Insurance (Symposium: Truth And Its Rivals: Evidence Reform And The Goals Of Evidence Law), Samuel R. Gross
Articles
Article IV of the Federal Rules of Evidence includes several rules that prohibit the use of specified types of information as evidence of particular propositions. Subsequent remedial measures are inadmissible to prove negligence (but admissible to show ownership, control, et cetera),' settlement offers are inadmissible to prove liability (but admissible to show bias or prejudice, or for other purposes),2 and so forth. Any exclusion of relevant evidence involves some distortion of reality in the sense that the picture presented to the trier of fact includes less information than the available total. That will be true whether the evidence is kept …
Lost Lives: Miscarriages Of Justice In Capital Cases, Samuel R. Gross
Lost Lives: Miscarriages Of Justice In Capital Cases, Samuel R. Gross
Articles
One of the longstanding complaints against the death penalty is that it "distort[s] the course of the criminal law."' Capital prosecutions are expensive and complicated; they draw sensational attention from the press; they are litigated-before, during, and after trial-at greater length and depth than other felonies; they generate more intense emotions, for and against; they last longer and live in memory. There is no dispute about these effects, only about their significance. To opponents of the death penalty, they range from minor to severe faults; to proponents, from tolerable costs to major virtues. ntil recently, however, the conviction of innocent …
Physician-Assisted Suicide: The Problems Presented By The Compelling, Heartwrenching Case, Yale Kamisar
Physician-Assisted Suicide: The Problems Presented By The Compelling, Heartwrenching Case, Yale Kamisar
Articles
Now that the U.S. Supreme Court has upheld New York and Washington state laws prohibiting the aiding of another to commit suicide,2 the spotlight will shift to the state courts, the state legislatures and state referenda. And once again proponents of physician-assisted suicide (PAS) will point to a heartwrenching case, perhaps the relatively rare case where a dying person is experiencing unavoidable pain (i.e., pain that not even the most skilled palliative care experts are able to mitigate), and ask: What would you want done to you if you were in this person's shoes?
Lesbian Divorce: A Commentary On The Legal Issues, David L. Chambers
Lesbian Divorce: A Commentary On The Legal Issues, David L. Chambers
Articles
Lesbian couples who break up will find themselves in an awkward position under the law for two separable but related reasons. The first is that, because they were unmarried, they are subjected by the law to much the same uneven and ambivalent treatment to which unmarried heterosexual couples are subjected. The second, of course, is that they are gay or lesbian and thus regarded with special disfavor even in some states that have become more tolerant of unmarried heterosexual relationships. As a law teacher who is gay and who writes about family law issues relating to gay men and lesbians, …
Mapping Mediation: The Risks Of Riskin's Grid, Kimberlee K. Kovach, Lela P. Love
Mapping Mediation: The Risks Of Riskin's Grid, Kimberlee K. Kovach, Lela P. Love
Articles
We use maps for orientation and guidance. A topographical map and compass guide us through unmarked terrain. To pass a bar exam, law students follow a course carefully mapped out by BAR/ BRI. To understand political configurations, we study maps of the world, indicating countries and states and their boundaries. Maps are important. They create paradigms or "boxes" within which to operate safely and efficiently. The universe a map depicts-what is put in and what is left out-must have an internal cohesion, logic, and accuracy. If not, maps misguide their users.
Colorimetric Characterization Of The Apple Studio Display (Flat Panel Lcd), Mark Fairchild, David Wyble
Colorimetric Characterization Of The Apple Studio Display (Flat Panel Lcd), Mark Fairchild, David Wyble
Articles
The colorimetric characterization of a flat-panel LCD monitor, the Apple Studio Display, using traditional CRT characterization techniques was evaluated. The results showed that the display performed up to the manufacturer's specifications in terms of luminance and contrast. However, the traditional CRT gain-offset-gamma (GOG) model for characterization was inadequate and a model with one-dimensional lookup tables followed by a 3x3 matrix was developed. The LUT model performed excellently with average CIE94 color differences between measured and predicted colors of approximately 1.0.
Using Creativity To Fight A $60 Billion Consumer Problem—Counterfeit Goods, Xuan-Thao Nguyen, Maxim H. Waldbaum
Using Creativity To Fight A $60 Billion Consumer Problem—Counterfeit Goods, Xuan-Thao Nguyen, Maxim H. Waldbaum
Articles
For centuries, consumers have been willing to pay exorbitant prices for unique or premiumquality goods. Throughout the evolution of the "designer label" market, counterfeiters have lurked in the shadows of the economic landscape. Thus, the problem of counterfeit goods represents nothing new in the global economy.
Are Criminal Defendants In Japan Truly Receiving Trials By Judges, Daniel H. Foote
Are Criminal Defendants In Japan Truly Receiving Trials By Judges, Daniel H. Foote
Articles
Since my initial appointment as an assistant judge in April of 1950, I have served as a judge for over 39 1/2 years. For most of that time, over 30 years, I have handled criminal trials. Thus, one might say that I personally represent a living history of the current Code of Criminal Procedure. Human beings, however, inevitably tend to idle their time away; and I have been kept busy day in and day out handling cases and up until now have never had the chance to sit back and reflect dispassionately on the actual state of criminal trials. That …
The De Minimus Exemption Of Stored Value Cards From Regulation E: An Invitation To Fraud?, Sean M. O'Connor
The De Minimus Exemption Of Stored Value Cards From Regulation E: An Invitation To Fraud?, Sean M. O'Connor
Articles
How valuable is $100? To a student? To a single unemployed parent? To a well-compensated professional? The Federal Reserve Board apparently believes that the potential loss of $100 is not a tremendous burden on anyone. In a recently proposed rule, the Board exempts stored value cards[that contain less than $100 from the same regulations that protect consumers from most types of fraud associated with ATM, debit, and credit cards. Regulation E (Reg E) currently regulates the electronic funds transfers (EFTs) that are at the heart of ATM/debit/credit card transactions by requiring printed receipts, error resolution procedures, periodic statements, initial disclosure …
Yearning For Lake Wobegon: The Quest For The Best Test At The Expense Of The Best Education, Lisa Kelly
Yearning For Lake Wobegon: The Quest For The Best Test At The Expense Of The Best Education, Lisa Kelly
Articles
This article first will outline the various tests or assessments. Next, recent federal and state mandates for standardized testing of elementary school children will be examined. Then, the educational literature will be reviewed to expose the dangers of testing, particularly in the early grades. Finally, I will urge that the Clinton administration, Congress, and the states step back from this manner of securing educational adequacy. These governmental policies are rooted in the stated intention of guaranteeing that all schools are doing right by all of the children. However, early testing fosters the opposite result-educational inequity through tracking, retention, and the …
The Changing Nature Of Theory And Practice In Marketing: On The Value Of Synchrony, Aidan O'Driscoll, John Murray
The Changing Nature Of Theory And Practice In Marketing: On The Value Of Synchrony, Aidan O'Driscoll, John Murray
Articles
Any academic discipline with a closely associated area of professional endeavour is profoundly affected by the relationship between its theory and practice. Synchrony in theory and practice adds value to the management of enterprise and to the advance of the discipline. Mindful of this assertion, this article explores the changing nature of theory and practice in marketing. It examines current trends in marketing practice which are occurring as a result of change in markets, technology and organisations. It assesses the state of theory in six subfields of marketing. It also considers developments in closely related management disciplines as well as …
Rodrigo's Roadmap: Is The Marketplace Theory For Eradicating Discrimination A Blind Alley, Richard Delgado
Rodrigo's Roadmap: Is The Marketplace Theory For Eradicating Discrimination A Blind Alley, Richard Delgado
Articles
No abstract provided.
1998 Hugo L. Black Lecture: Ten Arguments Against Affirmative Action--How Valid Lecture, Richard Delgado
1998 Hugo L. Black Lecture: Ten Arguments Against Affirmative Action--How Valid Lecture, Richard Delgado
Articles
No abstract provided.
Corporate Judgement Proofing: A Response To Lynn Lopucki's 'The Death Of Liability', James J. White
Corporate Judgement Proofing: A Response To Lynn Lopucki's 'The Death Of Liability', James J. White
Articles
In "The Death of Liability" Professor Lynn M. LoPucki argues that American businesses are rendering themselves judgment proof.- Using the metaphor of a poker game, Professor LoPucki claims American businesses are increasingly able to participate in the poker game without putting "chips in the pot." He argues that it has become easier for American companies to play the game without having chips in the pot because of the ease with which a modern debtor can grant secured credit, because of the growth of the peculiar form of sale known as asset securitization, because foreign havens for secreting assets are now …
An Analysis Of The Forty-Ninth Session Of The United Nations Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, David Weissbrodt, Shinobu Garrigues, Roman Kroke
An Analysis Of The Forty-Ninth Session Of The United Nations Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, David Weissbrodt, Shinobu Garrigues, Roman Kroke
Articles
The United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities convened its 49th Session from August 4 through August 29, 1997, in Geneva, Switzerland. 1 Under the authority of the U.N. Charter, the Economic and Social Council (ECOSOC) established the Sub-Commission in 1947 as a subsidiary body of the Commission on Human Rights. 2 ECOSOC also created two other sub-commissions at the same time, one to focus on women's rights 3 and the other to deal with freedom of information and freedom of the press. 4 The original mandate of the Sub-Commission was to recommend standards in pursuit …