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Articles 6721 - 6750 of 8385
Full-Text Articles in Entire DC Network
Meet John Doe: It Is Time For Federal Civil Procedure To Recognize John Doe Parties, Carol Rice Andrews
Meet John Doe: It Is Time For Federal Civil Procedure To Recognize John Doe Parties, Carol Rice Andrews
Articles
No abstract provided.
Grant Gilmore, Holmes, And The Anxiety Of Influence, Charles M. Yablon
Grant Gilmore, Holmes, And The Anxiety Of Influence, Charles M. Yablon
Articles
The article explores Grant Gilmore's ambivalent relationship with Oliver Wendell Holmes, particularly in The Death of Contract. Gilmore both praises Holmes's intellectual brilliance and critiques his formalistic approach to contract law. Drawing on Harold Bloom's The Anxiety of Influence, the analysis suggests that Gilmore engages in a struggle with Holmes's legacy, reflecting a mix of admiration and opposition, akin to how strong poets handle influential predecessors.
Judicial Drag: An Essay On Wigs, Robes And Legal Change, Charles M. Yablon
Judicial Drag: An Essay On Wigs, Robes And Legal Change, Charles M. Yablon
Articles
The article explores the persistence of judicial wigs and robes in England, arguing that their continued use is not based on practical reasons but on historical and cultural path dependency. The tradition, despite its anachronistic nature, endures due to factors like dignity, anonymity, and economic interests, rather than any functional necessity. The author suggests that such legal customs often persist because of historical context rather than optimal design.
Tripartite Voidable Preferences, David G. Carlson
Tripartite Voidable Preferences, David G. Carlson
Articles
This paper applies Jacques Lacan's theory of retrospective cause to the jurisprudence of H.L.A. Hart and his followers. The thesis is that "effect" (judicial decision) precedes "cause" (law). The proper tense for legal discourse is, therefore, future anterior. The following points follow from this: (1) Positivism asserts that law is not necessarily connected to morality, but this is a priori wrong. Law wishes to be separate from morality, but it necessarily fails. (2) The theory vindicates Dworkin's notorious "right answers" theory, but makes the additional point that there is only one answer: you are guilty; you failed to conform to …
Bora Laskin And The Legal Process School, Paul Horwitz
Taming The Wayward Children Of Monsanto And Sylvania: Some Thoughts On Developmental Disorders In Vertical Restraints Doctrine, Marc A. Fajer
Taming The Wayward Children Of Monsanto And Sylvania: Some Thoughts On Developmental Disorders In Vertical Restraints Doctrine, Marc A. Fajer
Articles
No abstract provided.
Denaturalizing The Lawyer-Statesman (Book Review), Anthony V. Alfieri
Denaturalizing The Lawyer-Statesman (Book Review), Anthony V. Alfieri
Articles
No abstract provided.
Reinventing The Government Corporation, A. Michael Froomkin
Reinventing The Government Corporation, A. Michael Froomkin
Articles
No abstract provided.
The Metaphor Is The Key: Cryptography, The Clipper Chip, And The Constitution, A. Michael Froomkin
The Metaphor Is The Key: Cryptography, The Clipper Chip, And The Constitution, A. Michael Froomkin
Articles
No abstract provided.
Title Vii Arbitration, Patrick O. Gudridge
Title Vii Arbitration, Patrick O. Gudridge
Articles
Supreme Court decisions establish two separate lines of analysis concerning whether arbitration agreements should pre-empt judicial remedies for parties already covered by employment and labor legislation. First, in cases like Gilmer v. Interstate/Johnson Corp., the Supreme Court espouses a procedural analysis: the Court considers the extent to which the arbitration procedures reflect judicial processes. In Alexander v. Gardner-Denver and its successors, on the other hand, the Court examines whether the applicable statutes explicitly pre-empt the arbitration agreement. This article argues that neither approach is helpful. Rather, 'courts should consider whether the relevant statute applies standards derived essentially from "inside" …
Eti, Phone The Department Of Labor: Economically Targeted Investments, Ib 94-1 And The Reincarnation Of Industrial Policy, Edward A. Zelinsky
Eti, Phone The Department Of Labor: Economically Targeted Investments, Ib 94-1 And The Reincarnation Of Industrial Policy, Edward A. Zelinsky
Articles
In Interpretive Bulletin 94-1 (B 94-1), the Department of Labor defines economically targeted investments (ETIs) as investments which bear risk-adjusted, market rates of return and which also generate collateral economic benefits. lB 94-1 declares ETIs, so defined, to be consistent with the fiduciary provisions of the Employee Retirement Income Security Act of 1974 (ERISA). In his critique of lB 94-1, Professor Edward Zelinsky finds the ET1 concept unsound as a matter of policy and logic and incompatible with ERISA's statutory standards governing pension trustees' investment decisions. Professor Zelinsky views 1B 94-1 as resurrecting the discredited notion of industrial policy. He …
Repo Madness: The Characterization Of Repurchase Agreements Under The Bankruptcy Code And The U.C.C., Jeanne L. Schroeder
Repo Madness: The Characterization Of Repurchase Agreements Under The Bankruptcy Code And The U.C.C., Jeanne L. Schroeder
Articles
The article examines the legal characterization of repurchase agreements (repos) under the Bankruptcy Code and the Uniform Commercial Code (U.C.C.), with a focus on proposed revisions to Articles 8 and 9. It argues that repos should be treated as sales rather than secured loans, primarily due to the repo buyer's unrestricted right to deal with the collateral. This characterization is supported by court rulings in cases such as In re Bevill, Bresler & Schulman and SEC v. Drysdale Securities Corp., which emphasize the transfer of ownership and the buyer's ability to engage with the securities. The article critiques current methods …
Security Interests In The Crucible Of Voidable Preference Law, David G. Carlson
Security Interests In The Crucible Of Voidable Preference Law, David G. Carlson
Articles
In this article, Professor David Gray Carlson analyzes the intersection of voidable preference law under 11 U.S.C. § 547 and security interests under Article 9 of the Uniform Commercial Code. The essay purports to articulate the metaphysical assumptions present in this intersection, no matter how rarified and peculiar, because, in this area of law, even the slightest and most fantastic metaphysical presupposition can change results and shift wealth between debtors and creditors. Given the current dearth of unsecured dividends in bankruptcy proceedings, everything turns on whether security interests survive the critique of voidable preference law. In his treatment, Professor Carlson …
Law And The H-Bomb: Strengthening The Nonproliferation Regime To Impede Advanced Proliferation, Richard L. Williamson Jr.
Law And The H-Bomb: Strengthening The Nonproliferation Regime To Impede Advanced Proliferation, Richard L. Williamson Jr.
Articles
No abstract provided.
Civilizing The Savages: A Comparison Of Assimilation Laws And Policies In The United States And Australia, Craig J. Trocino
Civilizing The Savages: A Comparison Of Assimilation Laws And Policies In The United States And Australia, Craig J. Trocino
Articles
No abstract provided.
Conditional Probative Value: Neoclassicism Without Myth, Richard D. Friedman
Conditional Probative Value: Neoclassicism Without Myth, Richard D. Friedman
Articles
The concept of conditional relevance is an essential aspect of the classical model of evidentiary law. Some of the great scholars of evidence have endorsed and shaped it.1 Under Federal Rule of Evidence 104(b) it plays a crucial role in the division of responsibility between judge and jury,2 as well as in the application of the personal knowledge3 and authentication 4 requirements. And the Supreme Court has applied it with great force.5 In recent years, though, the concept has come under attack from several notable scholars. The late Vaughn Ball led the assault, calling the concept a "myth."'6 Peter Tillers, …
Instability In Self-Pulsation In Laser Diodes And Its Effect On All-Optical Synchonization, Jonathan Hyland, Gerald Farrell
Instability In Self-Pulsation In Laser Diodes And Its Effect On All-Optical Synchonization, Jonathan Hyland, Gerald Farrell
Articles
The effect of short- and long-term frequency instability in self pulsation on all-optical synchronization using a twin-section laser diode is experimentally investigated. Short-term frequency instability broadens the unlocked full width at half maximum (FWHM) of the fundamental of the rf spectrum of the self-pulsating laser diode. We show experimentally that the value of the unlocked FWHM, and thus the level of short-term instability, has a direct effect on the optical power required to maintain synchronization. A novel means of reducing the FWHM is presented based on a reflective transmission line stub connected to the absorber of the twin-section self-pulsating laser …
The Market For Loyalties: Electronic Media And The Global Competition For Allegiances, Monroe E. Price
The Market For Loyalties: Electronic Media And The Global Competition For Allegiances, Monroe E. Price
Articles
The article critiques the traditional "marketplace of ideas" metaphor in First Amendment jurisprudence and proposes a more accurate framework: the "market for loyalties." This model highlights how powerful entities, including governments and private actors, use communication regulation to shape identities and allegiances. The First Amendment, under this interpretation, functions as a regulatory allocation among these entities rather than a guarantee of unfettered speech. The rise of global communication technologies and competing loyalties challenges the nation-state's ability to control this market, reshaping the role of law and governance in identity formation.
On The Efficiency Of Secured Lending, David G. Carlson
On The Efficiency Of Secured Lending, David G. Carlson
Articles
The article challenges the Law and Economics movement's assertion that secured lending is inefficient, arguing instead that it can be efficient by reducing risk and lowering the cost of credit. Carlson contests the movement's reliance on outdated theories like the Modigliani-Miller model, which he believes fails to account for real-world factors such as time and risk. He posits that secured lending can prevent debtor misbehavior, thereby making credit more accessible and reducing risks for creditors.
Publicly Held Servitudes In The New Restatement, Stewart E. Sterk
Publicly Held Servitudes In The New Restatement, Stewart E. Sterk
Articles
The first Restatement of Servitudes, adopted by the American Law Institute fifty years ago, largely ignored public law issues. Because condominiums were largely unknown and homeowners' associations were in their infancy, the Restatement did not discuss, let alone resolve, the problems that arise when property owners create governance structures by private agreement. Similarly, the Restatement accorded no special treatment to the problems that arise when government, as landowner or as regulator, enters into servitude relationships. The current Restatement has remedied these omissions. Its not yet completed chapter on Property Owners' Associations has already received considerable attention. Less noticed, however, have …
Jurisprudence And Personality In The Work Of John Rawls, David G. Carlson
Jurisprudence And Personality In The Work Of John Rawls, David G. Carlson
Articles
The article argues that John Rawls's concept of the person undergoes a significant shift between A Theory of Justice and Political Liberalism, necessitating a corresponding change in jurisprudence. In A Theory of Justice, Rawls employs a "correlative jurisprudence," where law is determinate, complete, and judges merely apply existing law. This approach is tied to a narrow, passive view of personality, treating individuals as mere loci of liberty and rights. In contrast, Political Liberalism presents a dynamic, contradictory conception of the person as a union of moral capacity and a determinate conception of the good. This shift, the article contends, requires …
The First Amendment's Challenge Function And The Confusion In The Supreme Court's Contemporary Free Exercise Jurisprudence, Marci A. Hamilton
The First Amendment's Challenge Function And The Confusion In The Supreme Court's Contemporary Free Exercise Jurisprudence, Marci A. Hamilton
Articles
No abstract provided.
Blur Identification Based On Higher Order Spectral Nulls, Andreas Savakis, Roger L. Easton
Blur Identification Based On Higher Order Spectral Nulls, Andreas Savakis, Roger L. Easton
Articles
The identification of the point spread function (PSF) from the degraded image data constitutes an important first step in image restoration that is known as blur identification. Though a number of blur identification algorithms have been developed in recent years, two of the earlier methods based on the power spectrum and power cepstrum remain popular, because they are easy to implement and have proved to be effective in practical situations. Both methods are limited to PSF's which exhibit spectral nulls, such as due to defocused lens and linear motion blur. Another limitation of these methods is the degradation of their …
The Place Of Caste Under The Civil Rights Laws: From Jim Crow To Same Sex Marriages, Richard A. Epstein
The Place Of Caste Under The Civil Rights Laws: From Jim Crow To Same Sex Marriages, Richard A. Epstein
Articles
No abstract provided.
Liberty And Property: Lord Bramwell And The Political Economy Of Liberal Jurisprudence Individualism, Freedom, And Utility, David Abraham
Liberty And Property: Lord Bramwell And The Political Economy Of Liberal Jurisprudence Individualism, Freedom, And Utility, David Abraham
Articles
No abstract provided.
The Partial Republican, John O. Mcginnis
The Other Path Of The Law, Arthur J. Jacobson
The Other Path Of The Law, Arthur J. Jacobson
Articles
The article argues that the informal economy plays a crucial role in shaping jurisprudence, challenging the traditional state-oriented, "static" approach to law. It introduces the concept of "dynamic jurisprudence," which emphasizes individual dignity, mutual recognition, and the constant reshaping of legal norms through interpersonal interactions. This dynamic approach contrasts with static jurisprudence, which relies on a correlating agency like the state to maintain rights and duties. The article contends that dynamic jurisprudence enhances personal and collective power, allowing individuals to resist or reform state commands, and highlights the importance of recognizing the interplay between formal and informal legal systems.
Discussion And Decisions: A Proposal To Replace The Myth Of Self-Rule With An Attorneyship Model Of Representation, Marci A. Hamilton
Discussion And Decisions: A Proposal To Replace The Myth Of Self-Rule With An Attorneyship Model Of Representation, Marci A. Hamilton
Articles
The traditional model used by legal scholars to describe our system of representative democracy seeks to justify representation as a fulfillment of the self-rule ideal Many scholars, however, have argued that certain features of the modem legislative process undermine self-rule, and have proposed means by which judicial review can correct legislative failures and restore self-rule to primacy. Drawing on German philosopher Carl Schmitt's critique of parliamentary democracy in Weimar Germany, Professor Hamilton posits that scholarly attempts to reconcile self-rule with representative democracy are misguided. Representation based on self-rule will inevitably lead to interest-group politics, resulting in meaningless and endless debate …
Religion And The Search For A Principled Middle Ground On Abortion, Michael W. Mcconnell
Religion And The Search For A Principled Middle Ground On Abortion, Michael W. Mcconnell
Articles
No abstract provided.
The State Of Madison's Vision Of The State, Frank H. Easterbrook
The State Of Madison's Vision Of The State, Frank H. Easterbrook
Articles
No abstract provided.