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Principle And Its Perils, David A. Strauss Jan 1997

Principle And Its Perils, David A. Strauss

Articles

No abstract provided.


The Constitution In Congress: Jefferson And The West, 1801-1809, David P. Currie Jan 1997

The Constitution In Congress: Jefferson And The West, 1801-1809, David P. Currie

Articles

No abstract provided.


Before Cyberspace: Legal Transitions In Property Rights Regimes, Richard A. Epstein Jan 1997

Before Cyberspace: Legal Transitions In Property Rights Regimes, Richard A. Epstein

Articles

No abstract provided.


Rethinking Legal Realism: Toward A Naturalized Jurisprudence, Brian Leiter Jan 1997

Rethinking Legal Realism: Toward A Naturalized Jurisprudence, Brian Leiter

Articles

No abstract provided.


The Human Constitution And Constitutive Law: A Prolegomenon, John O. Mcginnis Jan 1997

The Human Constitution And Constitutive Law: A Prolegomenon, John O. Mcginnis

Articles

No abstract provided.


United States Ratification Of The Convention On The Elimination Of All Forms Of Discrimination Against Women, Malvina Halberstam Jan 1997

United States Ratification Of The Convention On The Elimination Of All Forms Of Discrimination Against Women, Malvina Halberstam

Articles

No abstract provided.


Uniform Premarital Agreements Act And The Reality Of Premarital Agreements In Idaho, Elizabeth Brandt Jan 1997

Uniform Premarital Agreements Act And The Reality Of Premarital Agreements In Idaho, Elizabeth Brandt

Articles

No abstract provided.


Causation And The Discretionary Function Exception To The Federal Tort Claims Act, Richard Henry Seamon Jan 1997

Causation And The Discretionary Function Exception To The Federal Tort Claims Act, Richard Henry Seamon

Articles

No abstract provided.


Signals, Threats, And Deterrence: Alive And Well In The Taiwan Strait, Glenn R. Butterton Jan 1997

Signals, Threats, And Deterrence: Alive And Well In The Taiwan Strait, Glenn R. Butterton

Articles

Taiwan held its first democratic presidential elections in March 1996, which motivated mainland China to stage large scale contemporaneous war games in the Taiwan Strait and aim unusually belligerent rhetoric at Taipei. The United States responded by deploying substantial naval forces in the area. After examining this confrontation between China, Taiwan, and the United States in terms of the 1979 Taiwan Relations Act, international law, and non-nuclear deterrence theory, the author presents a novel analysis of indirect deterrence communication between the United States and China


Official Imaginations: Globalization, Difference, And State-Sponsored Immigration Discourses, Kunal M. Parker Jan 1997

Official Imaginations: Globalization, Difference, And State-Sponsored Immigration Discourses, Kunal M. Parker

Articles

No abstract provided.


The Autonomy Of Law In Law And Economics, Cass R. Sunstein Jan 1997

The Autonomy Of Law In Law And Economics, Cass R. Sunstein

Articles

No abstract provided.


Which Risks First Rethinking Environmental Protection For The 21st Century, Cass R. Sunstein Jan 1997

Which Risks First Rethinking Environmental Protection For The 21st Century, Cass R. Sunstein

Articles

No abstract provided.


Behavioral Analysis Of Law, Cass R. Sunstein Jan 1997

Behavioral Analysis Of Law, Cass R. Sunstein

Articles

No abstract provided.


Federal Courts, Foreign Affairs, And Federalism, Jack L. Goldsmith Jan 1997

Federal Courts, Foreign Affairs, And Federalism, Jack L. Goldsmith

Articles

No abstract provided.


The Current Illegitimacy Of International Human Rights Litigation, Jack L. Goldsmith, Curtis A. Bradley Jan 1997

The Current Illegitimacy Of International Human Rights Litigation, Jack L. Goldsmith, Curtis A. Bradley

Articles

No abstract provided.


Incommensurability, Welfare, Economics, And The Law, Richard Craswell Jan 1997

Incommensurability, Welfare, Economics, And The Law, Richard Craswell

Articles

No abstract provided.


Abolish The Juvenile Court: Youthfulness, Criminal Responsibility, And Sentencing Policy, Barry C. Feld Jan 1997

Abolish The Juvenile Court: Youthfulness, Criminal Responsibility, And Sentencing Policy, Barry C. Feld

Articles

The juvenile court system should be abolished and all juvenile offenders should be integrated into the traditional criminal court system. The offenders' age should be taken into account during sentencing. The juvenile court system is a failure because a criminal punishment system cannot also be a social welfare system.


Sentencing Principles In Theory And Practice, Richard Frase Jan 1997

Sentencing Principles In Theory And Practice, Richard Frase

Articles

No abstract provided.


Chief Justice Hughes' Letter On Court-Packing, Richard D. Friedman Jan 1997

Chief Justice Hughes' Letter On Court-Packing, Richard D. Friedman

Articles

After one of the great landslides in American presidential history, Franklin D. Roosevelt took the oath of office for the second time on January 20, 1937. As he had four years before, Chief Justice Charles Evans Hughes, like Roosevelt a former governor of New York, administered the oath. Torrents of rain drenched the inauguration, and Hughes’ damp whiskers waved in the biting wind. When the skullcapped Chief Justice reached the promise to defend the Constitution, he “spoke slowly and with special emphasis.” The President responded in kind, though he felt like saying, as he later told his aide Sam Rosenman: …


Distributed Detection With Multiple Sensors: Part I—Fundamentals, Ramanarayanan Viswanathan, Pramod K. Varshney Jan 1997

Distributed Detection With Multiple Sensors: Part I—Fundamentals, Ramanarayanan Viswanathan, Pramod K. Varshney

Articles

In this paper, basic results on distributed detection are reviewed. In particular, we consider the parallel and the serial architectures in some detail and discuss the decision rules obtained from their optimization based on the Neyman–Pearson (NP) criterion and the Bayes formulation. For conditionally independent sensor observations, the optimality of the likelihood ratio test (LRT) at the sensors is established. General comments on several important issues are made including the computational complexity of obtaining the optimal solutions, the design of detection networks with more general topologies, and applications to different areas.


Kinetic Vs. Thermodynamic Control In The Dehydration Of 2-Methylcyclopentanol, Thomas Poon, Bradford Mundy, Jean Mcintyre Jan 1997

Kinetic Vs. Thermodynamic Control In The Dehydration Of 2-Methylcyclopentanol, Thomas Poon, Bradford Mundy, Jean Mcintyre

Articles

A two part organic laboratory experiment illustrating the Grignard reaction and the concept of kinetic versus thermodynamic control is described. The reaction of phenylmagnesium bromide with 2-methylcyclopentanone yileds an unsymmetrical benzylic alcohol which can be dehydrated using toluenesulfonic acid to give predominately the less substituted alkene. Application of heat to the reaction mixture over a period of two hours reverses the trend to give the more substituted alkene as the major product in 91% relative yield. The dehydration is monitored by GC/MS and the experiment can be performed using macro and microscale techniques.


Affirmative Action: Diversity Of Opinions - An Overview Of The Colorado Law Review Symposium Affirmative Action: Diversity Of Opinions - Overview, Jean Stefancic Jan 1997

Affirmative Action: Diversity Of Opinions - An Overview Of The Colorado Law Review Symposium Affirmative Action: Diversity Of Opinions - Overview, Jean Stefancic

Articles

No abstract provided.


Why Universities Are Morally Obligated To Strive For Diversity: Restoring The Remedial Rationale For Affirmative Action Affirmative Action: Diversity Of Opinions, Richard Delgado Jan 1997

Why Universities Are Morally Obligated To Strive For Diversity: Restoring The Remedial Rationale For Affirmative Action Affirmative Action: Diversity Of Opinions, Richard Delgado

Articles

No abstract provided.


Rodrigo's Fourteenth Chronicle: American Apocalypse Symposium: Bowers + Ten: Litigation, Legislation, And Community Activism, Richard Delgado Jan 1997

Rodrigo's Fourteenth Chronicle: American Apocalypse Symposium: Bowers + Ten: Litigation, Legislation, And Community Activism, Richard Delgado

Articles

No abstract provided.


Making Sausage: The Ninth Circuit's Opinion, Carl E. Schneider Jan 1997

Making Sausage: The Ninth Circuit's Opinion, Carl E. Schneider

Articles

As I write, the Supreme Court has just agreed to hear Compassion in Dying v. Washington and Quill v. Vacco, the two cases in which United States circuit courts of appeals held that a state may not constitutionally prohibit physicians from helping a terminally ill person who wishes to commit suicide to do so. These cases have already received lavish comment and criticism, and no doubt the Supreme Court's opinion will garner even more. Reasonably enough, most of this analysis addresses the merits of physician-assisted suicide as social policy. I, here, want to talk about how setting bioethical policy …


Crime, Politics, And Race (Symposium: Justice And The Criminal Justice Process), Samuel R. Gross Jan 1997

Crime, Politics, And Race (Symposium: Justice And The Criminal Justice Process), Samuel R. Gross

Articles

The biggest problem with the criminal justice system is that too many crimes are committed-too many rapes, too many murders, too many robberies; too much violence that inflicts an untold amount of suffering and destruction on too many people. If that seems obvious, what follows should be equally obvious. The most important step to take to solve the problems of the criminal justice system is to reduce the number of crimes that are committed: to prevent crimes. The best thing we can do to help the victims of crime is to keep them from becoming victims in the first place. …


Marriage Today: Legal Consequences For Same Sex And Opposite Sex Couples, David L. Chambers Jan 1997

Marriage Today: Legal Consequences For Same Sex And Opposite Sex Couples, David L. Chambers

Articles

Laws that treat married persons in a different manner than they treat single persons permeate nearly every field of social regulation in this country -- taxation, otrts, evidence, social welfare, inheritance, adoption, and on and on.


Going To Trial: A Rare Throw Of The Die, Samuel R. Gross, Kent D. Syverud Jan 1997

Going To Trial: A Rare Throw Of The Die, Samuel R. Gross, Kent D. Syverud

Articles

If it is true, as we often hear, that we are one of the most litigious societies on earth, it is because of our propensity to sue, not our affinity for trials. Of the hundreds of thousands of civil lawsuits that are filed each year in America, the great majority are settled; of those that are not settled, most are ultimately dismissed by the plaintiffs or by the courts; only a few percent are tried to a jury or a judge. This is no accident. We prefer settlements and have designed a system of civil justice that embodies and expresses …


The Jurisprudence Of Yogi Berra, Edward H. Cooper, Grace C. Tonner Jan 1997

The Jurisprudence Of Yogi Berra, Edward H. Cooper, Grace C. Tonner

Articles

Lawrence Peter "Yogi" Berra was born on May 12, 1925, in St. Louis, Missouri, and grew up to become one of baseball's all-time greats. Yogi played nineteen years in the Major Leagues, eighteen with the New York Yankees and one with the New York Mets He has been called the greatest Yankee catcher ever. During his career, Yogi played in a record fourteen World Series and was elected the American League's Most Valuable Player three times. Following his playing career, Yogi managed both the Yankees and the New York Mets, and coached the Yankees, Mets, and Houston Astros. He received …


International Taxation Of Electronic Commerce, Reuven S. Avi-Yonah Jan 1997

International Taxation Of Electronic Commerce, Reuven S. Avi-Yonah

Articles

This article submits proposals for taxing the digital economy on the basis of the benefits and single tax principles.