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Articles 6631 - 6660 of 8385
Full-Text Articles in Entire DC Network
The Constitutionality Of Legislative Supermajority Requirements: A Defense, John O. Mcginnis, Michael B. Rappaport
The Constitutionality Of Legislative Supermajority Requirements: A Defense, John O. Mcginnis, Michael B. Rappaport
Articles
No abstract provided.
Response To Clark Freshman, Were Patricia Williams And Ronald Dworkin Separated At Birth?, Richard A. Posner
Response To Clark Freshman, Were Patricia Williams And Ronald Dworkin Separated At Birth?, Richard A. Posner
Articles
No abstract provided.
Nonrefundable Retainers: A Response To Critics Of The Absolute Ban, Lester Brickman, Lawrence A. Cunningham
Nonrefundable Retainers: A Response To Critics Of The Absolute Ban, Lester Brickman, Lawrence A. Cunningham
Articles
In the short span of time since the New York Court of Appeals banned nonrefundable retainers, numerous other courts have joined in prohibiting this widespread practice of lawyers charging a fee for services in advance and keeping the fee even if the services are not performed. The alacrity with which the New York rule is being embraced may reflect increased judicial recognition of the effect of egregious fee practices on the image of the bar and the role such practices play in the declining esteem in which the legal profession is held. Not only has there been a sharp decline …
Robustness Of Decentralized Tests With Ε-Contamination Prior, Chandrakanth H. Gowda, R. Viswanathan
Robustness Of Decentralized Tests With Ε-Contamination Prior, Chandrakanth H. Gowda, R. Viswanathan
Articles
We consider a decentralized detection problem where the prior density is not completely known, but is assumed to belong to an ε-contamination class. The expressions for the infimum and the supremum of the posterior probability that the parameter under question is in a given region, as the prior varies over the ε-contamination class, are derived. Numerical results are obtained for a specific case of an exponentially distributed observation and an exponentially distributed nominal prior. Asymptotic (as number of sensors tends to a large value) results are also obtained. The results illustrate the degree of robustness achieved with quantized observations as …
Reforming Cocaine Sentencing: The New Commission Speaks, David Yellen
Reforming Cocaine Sentencing: The New Commission Speaks, David Yellen
Articles
No abstract provided.
Rents In Bankruptcy, David G. Carlson
Rents In Bankruptcy, David G. Carlson
Articles
The article examines the treatment of rent receivables in bankruptcy proceedings, focusing on the tension between secured creditors' rights and the trustee's powers. It argues that rent receivables should be treated as security interests rather than absolute transfers to prevent unfair forfeitures and ensure debtors can use these funds for reorganization under adequate protection.
Freedom And Criminal Responsibility In The Age Of Pound: An Essay On Criminal Justice, Thomas A. Green
Freedom And Criminal Responsibility In The Age Of Pound: An Essay On Criminal Justice, Thomas A. Green
Articles
The concept of freedom has two main aspects: political liberty and freedom of the will. I am concerned here with the latter, although - as these two aspects of freedom are not entirely unrelated to each other - I shall touch also on the former. Enough has been written from a philosophical perspective on the relationship between free will and the law that it is not easy to justify yet another such undertaking. But there may still be room for some informal observations on the manner in which doubts about the concept of freedom of the will affected discussion of …
Power, Responsibility, And Republican Democracy, Marci A. Hamilton
Power, Responsibility, And Republican Democracy, Marci A. Hamilton
Articles
No abstract provided.
If Everything Is Adhd Then...Teachers' Confusion Of Adhd With Other Disorders, M. Ortolani, Morton Isaacs, Virginia Costenbader
If Everything Is Adhd Then...Teachers' Confusion Of Adhd With Other Disorders, M. Ortolani, Morton Isaacs, Virginia Costenbader
Articles
The ability of Special Education teachers (SET) and Regular Education teachers (RET) to accurately identify and distinguish the characteristics of Attention Deficit Hyperactivity Disorder (ADHD) from those of other childhood behavior disorders was examined. Both SET and RET teachers were able to identify a majority of ADHD characteristics ; however, both groups were poor in differentiating ADHD characteristics from those of other disorders, with SET showing more incorrect assignment of problem behavior than RET (p<.01). Neither pre-service nor in-service training correlated significantly with the ability to accurately identify ADHD characteristics. The general lack of skill in the discrimination of ADHD from other behavior problems by both SET and RET teachers strongly suggests the need for better pre-service or in-service training.
The Limits Of Lieber, Lawrence Lessig
Debt Collection As Rent Seeking, David G. Carlson
Debt Collection As Rent Seeking, David G. Carlson
Articles
The article presents an economic theory of debt collection, arguing that it can be viewed as a form of rent-seeking behavior where creditors extract wealth without adding economic value. The author, David Gray Carlson, posits that legal frameworks such as Article 9 of the Uniform Commercial Code and bankruptcy laws are crucial in preventing local monopolies and promoting a competitive national credit market. These mechanisms reduce information asymmetry and prevent local creditors from exploiting debtors, thereby benefiting debtors and fostering economic efficiency.
Reading One Poet In Light Of Another: Herbert And Frost, James Boyd White
Reading One Poet In Light Of Another: Herbert And Frost, James Boyd White
Articles
In this paper I wish both to draw certain connections between Herbert and Frost and at the same time to say something in a general way about the process by which such connections can be made. It is with the latter question that I begin. Once the relation between two writers would have been thought of mainly in terms of "influence." And one might indeed argue that Herbert did have significant influence on Frost's poetic practice — if not directly, for Frost was not a great reader of Herbert, then indirectly, through Emerson, who was in many ways Frost's master …
On The 'Fruits' Of Miranda Violations, Coerced Confessions, And Compelled Testimony, Yale Kamisar
On The 'Fruits' Of Miranda Violations, Coerced Confessions, And Compelled Testimony, Yale Kamisar
Articles
Professor Akhil Reed Amar and Ms. Renee B. Lettow have written a lively, provocative article that will keep many of us who teach constitutional-criminal procedure busy for years to come. They present a reconception of the "first principles" of the Fifth Amendment, and they suggest a dramatic reconstruction of criminal procedure. As a part of that reconstruction, they propose, inter alia, that at a pretrial hearing presided over by a judicial officer, the government should be empowered to compel a suspect, under penalty of contempt, to provide links in the chain of evidence needed to convict him.
Understanding Changed Readings: Fidelity And Theory, Lawrence Lessig
Understanding Changed Readings: Fidelity And Theory, Lawrence Lessig
Articles
In this article, Professor Lessig proposes a theory to explain how new readings of the Constitution may maintain fidelity with past understandings of the document's meaning and purpose. After defining schematically some terminology for this exercise in "fidelity theory," the author proposes a general typology of four justifications for changed constitutional readings: amendment, synthesis, fact translation, and structural translation. Describing this last justification as so far overlooked, he illustrates, by way of four historical case studies, how structural translation results from a pragmatic institutional response by judges to subtle changes in interpretive context-changes both in what Professor Lessig calls the …
Segregation, Whiteness, And Transformation, Martha R. Mahoney
Segregation, Whiteness, And Transformation, Martha R. Mahoney
Articles
No abstract provided.
Two Challenges For Feminist Thought, Richard A. Epstein
Two Challenges For Feminist Thought, Richard A. Epstein
Articles
No abstract provided.
The Status-Production Sideshow: Why The Antidiscrimination Laws Are Still A Mistake, Richard A. Epstein
The Status-Production Sideshow: Why The Antidiscrimination Laws Are Still A Mistake, Richard A. Epstein
Articles
No abstract provided.
Dolan V. City Of Tigard: Brief Of The Institute For Justice As Amicus Curiae In Support Of Petitioner, Richard A. Epstein, William H. Mellor Iii
Dolan V. City Of Tigard: Brief Of The Institute For Justice As Amicus Curiae In Support Of Petitioner, Richard A. Epstein, William H. Mellor Iii
Articles
No abstract provided.
The Originalist Case For Brown V. Board Of Education, Michael W. Mcconnell
The Originalist Case For Brown V. Board Of Education, Michael W. Mcconnell
Articles
No abstract provided.
Rights And Their Critics Propter Honoris Respectum, Cass R. Sunstein
Rights And Their Critics Propter Honoris Respectum, Cass R. Sunstein
Articles
No abstract provided.
Remedies When Contracts Lack Consent: Autonomy And Institutional Competence, Richard Craswell
Remedies When Contracts Lack Consent: Autonomy And Institutional Competence, Richard Craswell
Articles
Autonomy-based theories hold that enforceable contracts require the knowing and voluntary consent of the parties. In defining "knowing" and "voluntary," however, autonomy theorists have paid little attention to the remedy that will be granted if consent is round to be lacking, or to the question of what obligations (if any) will be enforced in place of the unconsented-to contract. In this paper, I expand on Michael Trebilcock's argument that considerations of institutional competence-specifically, the relative ability of courts and private actors to craft acceptable substitute obligations-should sometimes play a key role in defining what counts as "knowing" and "voluntary" consent.
The Path Of Cyberlaw, Lawrence Lessig
The Silicon Valley Lawyer As Transaction Cost Engineer?, Lisa Bernstein
The Silicon Valley Lawyer As Transaction Cost Engineer?, Lisa Bernstein
Articles
No abstract provided.
A Peculiar Privilege In Historical Perspective: The Right To Remain Silent, Albert Alschuler
A Peculiar Privilege In Historical Perspective: The Right To Remain Silent, Albert Alschuler
Articles
No abstract provided.
The Constitution In Congress: The Second Congress, 1791--1793, David P. Currie
The Constitution In Congress: The Second Congress, 1791--1793, David P. Currie
Articles
No abstract provided.
Judges' Writing Styles (And Do They Matter?), Richard A. Posner
Judges' Writing Styles (And Do They Matter?), Richard A. Posner
Articles
No abstract provided.
The Costs Of Enforcing Legal Rights, Richard A. Posner
The Originalist Justification For Brown: A Reply To Professor Klarman, Michael W. Mcconnell
The Originalist Justification For Brown: A Reply To Professor Klarman, Michael W. Mcconnell
Articles
No abstract provided.
Originalism And The Desegregation Decisions, Michael W. Mcconnell
Originalism And The Desegregation Decisions, Michael W. Mcconnell
Articles
No abstract provided.
Disaggregating Gender From Sex And Sexual Orientation: The Effeminate Man In The Law And Feminist Jurisprudence, Mary Anne Case
Disaggregating Gender From Sex And Sexual Orientation: The Effeminate Man In The Law And Feminist Jurisprudence, Mary Anne Case
Articles
No abstract provided.