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Articles 6931 - 6960 of 8385
Full-Text Articles in Entire DC Network
The Myth That Israel's Presence In Judea And Samaria Is Comparable To Iraq's Presence In Kuwait, Malvina Halberstam
The Myth That Israel's Presence In Judea And Samaria Is Comparable To Iraq's Presence In Kuwait, Malvina Halberstam
Articles
No abstract provided.
Delaware Fiduciary Duty Law After Qvc And Technicolor: A Unified Standard (And The End Of Revlon Duties?), Lawrence A. Cunningham, Charles M. Yablon
Delaware Fiduciary Duty Law After Qvc And Technicolor: A Unified Standard (And The End Of Revlon Duties?), Lawrence A. Cunningham, Charles M. Yablon
Articles
The Delaware Supreme Court's decisions in QVC and Technicolor have redefined the analysis of directors' fiduciary duties in takeover situations by rejecting the fragmented approach of separate duties under Revlon, Unocal, and MacMillan. Instead, these rulings establish a unified standard that combines the duties of care and loyalty under a single obligation of good faith and fair dealing, requiring directors to make reasonably informed judgments. This approach applies enhanced scrutiny to decisions involving sales of control, defensive tactics, and other extraordinary events, ensuring that directors act in the best interests of shareholders while allowing flexibility in their decision-making processes.
Moral Debate And Semantic Sleight Of Hand, J. David Bleich
Moral Debate And Semantic Sleight Of Hand, J. David Bleich
Articles
No abstract provided.
The Bar Against Challenges To Employment Discrimination Consent Decrees: A Public Choice Perspective, John O. Mcginnis
The Bar Against Challenges To Employment Discrimination Consent Decrees: A Public Choice Perspective, John O. Mcginnis
Articles
No abstract provided.
The Belief/Conduct Paradigm In The Supreme Court's Free Exercise Jurisprudence: A Theological Account Of The Failure To Protect Religious Conduct, Marci A. Hamilton
The Belief/Conduct Paradigm In The Supreme Court's Free Exercise Jurisprudence: A Theological Account Of The Failure To Protect Religious Conduct, Marci A. Hamilton
Articles
No abstract provided.
Gathering Danger: The Urgent Need To Regulate Toxic Substances That Can Bioaccumulate, Richard L. Williamson Jr.
Gathering Danger: The Urgent Need To Regulate Toxic Substances That Can Bioaccumulate, Richard L. Williamson Jr.
Articles
No abstract provided.
What's Standing After Lujan? Of Citizen Suits, "Injuries," And Article Iii, Cass R. Sunstein
What's Standing After Lujan? Of Citizen Suits, "Injuries," And Article Iii, Cass R. Sunstein
Articles
No abstract provided.
Overcompensating: The Corporate Lawyer And Executive Pay, Charles M. Yablon
Overcompensating: The Corporate Lawyer And Executive Pay, Charles M. Yablon
Articles
No abstract provided.
Populism, Law, And The Corporation: The 1897 Kansas Supreme Court, James L. Hunt
Populism, Law, And The Corporation: The 1897 Kansas Supreme Court, James L. Hunt
Articles
No abstract provided.
The Taming Of The Shrew: The Liberal Attempt To Mainstream Radical Feminist Theory, Jeanne L. Schroeder
The Taming Of The Shrew: The Liberal Attempt To Mainstream Radical Feminist Theory, Jeanne L. Schroeder
Articles
The article critically examines the opposing views of Cass Sunstein and Catharine MacKinnon on pornography and its legal implications, highlighting their divergent definitions and approaches. Sunstein advocates for a narrow, violence-focused antipornography legislation, while MacKinnon pushes for a broader definition that encompasses gender subordination. The analysis reveals how Sunstein's critique of MacKinnon unintentionally weakens feminist challenges to masculinism by separating sexuality from power dynamics. MacKinnon's theory, rooted in a premodern Christian view of sexuality, posits that pornography constructs women as objects, reinforcing gender inequality. The article underscores the tension between legal reform and the deeper structural changes needed to address …
A Treaty Is A Treaty Is A Treaty, Malvina Halberstam
Subject: Object, Jeanne L. Schroeder
Subject: Object, Jeanne L. Schroeder
Articles
The article explores the concept of objectivity in legal theory, examining its complexity and the various ways it is defined and applied. It critiques the left's tendency to associate objectivity with liberalism and masculinity, while highlighting the right's defense of subjectivity. The analysis emphasizes the need for a nuanced understanding of objectivity's forms and implications in legal discourse.
Bioethics And The Family: The Cautionary View From Family Law, Carl E. Schneider
Bioethics And The Family: The Cautionary View From Family Law, Carl E. Schneider
Articles
For many years, the field of bioethics has been specially concerned with how the authority to make medical decisions should be allocated between doctor and patient. Today the patient's power-indeed, the patient's right-is widely acknowledged, at least in principle. But this development can hardly be the last word in our thinking about how medical decisions should be made. For one thing, sometimes patients cannot speak for themselves. For another, patients· make medical decisions in contexts that significantly include more participants than just the patient and doctor. Now, as this conference demonstrates, bioethics is beginning to ask what role the patient's …
The Trustee’S Strong Arm Power Under The Bankruptcy Code, David G. Carlson
The Trustee’S Strong Arm Power Under The Bankruptcy Code, David G. Carlson
Articles
No abstract provided.
Deference Running Riot: Separating Interpretation And Lawmaking Under Chevron, Michael E. Herz
Deference Running Riot: Separating Interpretation And Lawmaking Under Chevron, Michael E. Herz
Articles
No abstract provided.
Choosing Between Normative And Descriptive Versions Of The Judicial Role, Michael E. Herz
Choosing Between Normative And Descriptive Versions Of The Judicial Role, Michael E. Herz
Articles
No abstract provided.
Dilemmas Of Justice, Stephen J. Schulhofer, Michel Rosenfeld
Dilemmas Of Justice, Stephen J. Schulhofer, Michel Rosenfeld
Articles
The Hungarian Constitutional Court's decision to invalidate a retroactivity law aimed at prosecuting crimes committed during the prior regime highlights a tension between rule-of-law principles and demands for retributive justice. The court ruled that extending or reopening statutes of limitations violated constitutional guarantees of legal certainty, non-retroactivity, and the protection of rights previously conferred. The decision underscores the court's commitment to an expansive interpretation of constitutional rights, emphasizing the importance of predictable and foreseeable legal consequences. While the ruling prioritizes rule-of-law values, it leaves unresolved the question of how to address past injustices in post-totalitarian societies.
Ruminations On Lucas V. South Carolina Coastal Council: An Introduction To An Amicus Curiae Brief, Richard A. Epstein
Ruminations On Lucas V. South Carolina Coastal Council: An Introduction To An Amicus Curiae Brief, Richard A. Epstein
Articles
No abstract provided.
Imagining A Free Press, Geoffrey R. Stone
Medieval Iceland And Modern Scholarship (Reviewing William Ian Miller, Bloodtaking And Peacemaking: Feud, Law And Society In Saga Iceland (1990)), Richard A. Posner
Medieval Iceland And Modern Scholarship (Reviewing William Ian Miller, Bloodtaking And Peacemaking: Feud, Law And Society In Saga Iceland (1990)), Richard A. Posner
Articles
No abstract provided.
Rights And 'Rights Talk' (Reviewing Mary Ann Glendon, Rights Talk: The Impoverishment Of Political Discourse (1991)), Richard A. Epstein
Rights And 'Rights Talk' (Reviewing Mary Ann Glendon, Rights Talk: The Impoverishment Of Political Discourse (1991)), Richard A. Epstein
Articles
No abstract provided.
An Excerpt From When Lawyers Write, Richard H. Weisberg
An Excerpt From When Lawyers Write, Richard H. Weisberg
Articles
No abstract provided.
The Hegelian Revival In American Legal Discourse, David G. Carlson
The Hegelian Revival In American Legal Discourse, David G. Carlson
Articles
No abstract provided.
Principle Versus Politics: The Solicitor General's Office In Constitutional And Bureaucratic Theory, John O. Mcginnis
Principle Versus Politics: The Solicitor General's Office In Constitutional And Bureaucratic Theory, John O. Mcginnis
Articles
No abstract provided.
Fifty Jurisdictions In Search Of A Standard: The Covenant Of Good Faith And Fair Dealing In The Employment Context, Monique C. Lillard
Fifty Jurisdictions In Search Of A Standard: The Covenant Of Good Faith And Fair Dealing In The Employment Context, Monique C. Lillard
Articles
No abstract provided.
Of Wolves And Welfare Ranching, Dale Goble
The Indivisibility Of Liberty Under The Bill Of Rights, Richard A. Epstein
The Indivisibility Of Liberty Under The Bill Of Rights, Richard A. Epstein
Articles
No abstract provided.
Affirmative Action In Law Schools: The Uneasy Truce, Richard A. Epstein
Affirmative Action In Law Schools: The Uneasy Truce, Richard A. Epstein
Articles
No abstract provided.
Neutrality In Constitutional Law (With Special Reference To Pornography, Abortion, And Surrogacy), Cass R. Sunstein
Neutrality In Constitutional Law (With Special Reference To Pornography, Abortion, And Surrogacy), Cass R. Sunstein
Articles
No abstract provided.
A View From The Box: The Law Professor As Juror, Richard H. Mcadams
A View From The Box: The Law Professor As Juror, Richard H. Mcadams
Articles
No abstract provided.