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Articles 7141 - 7170 of 8390
Full-Text Articles in Entire DC Network
Flag Burning And The Constitution, Geoffrey R. Stone
Fine-Tuning Judicial Federalism: A Proposal For Reform Of The Anti-Injunction Act, Diane P. Wood
Fine-Tuning Judicial Federalism: A Proposal For Reform Of The Anti-Injunction Act, Diane P. Wood
Articles
No abstract provided.
Appropriations Of Power, Gerhard Casper
No New Property, Richard A. Epstein
The Independence Of Judges: The Uses And Limitations Of Public Choice Theory, Richard A. Epstein
The Independence Of Judges: The Uses And Limitations Of Public Choice Theory, Richard A. Epstein
Articles
No abstract provided.
Religious Liberty In The Welfare State, Richard A. Epstein
Religious Liberty In The Welfare State, Richard A. Epstein
Articles
No abstract provided.
Origins Of The Privilege Against Self-Incrimination: The Role Of The European Ius Commune, Richard H. Helmholz
Origins Of The Privilege Against Self-Incrimination: The Role Of The European Ius Commune, Richard H. Helmholz
Articles
Current orthodoxy holds that the fifth amendment's privilege against self-incrimination has its roots in the seventeenth-century triumph of enlightened English common law over the older tradition of continental common law and the English ecclesiastical courts which used this tradition to limit religious freedom. In this Article, Professor Helmholz presents and analyzes documentary evidence demonstrating the inaccuracy of this account. These documents reveal that the continental blend of Roman and canon law known as the ius commune had long recognized the privilege against selfincrimination, and that English ecclesiastical courts first considered arguments for the privilege based on this body of law. …
A Reconsideration Of The Relevance And Materiality Of The Preamble In Constitutional Interpretation, Brian Leiter, Carole E. Handler, Milton Handler
A Reconsideration Of The Relevance And Materiality Of The Preamble In Constitutional Interpretation, Brian Leiter, Carole E. Handler, Milton Handler
Articles
No abstract provided.
Purchase Money Security Interest In Inventory: If It Does Not Float, It Must Be Dead!, D. Benjamin Beard
Purchase Money Security Interest In Inventory: If It Does Not Float, It Must Be Dead!, D. Benjamin Beard
Articles
No abstract provided.
Fairness To The Absent Members Of A Defendant Class: A Proposed Revision Of Rule 23, Elizabeth Brandt
Fairness To The Absent Members Of A Defendant Class: A Proposed Revision Of Rule 23, Elizabeth Brandt
Articles
No abstract provided.
Through The Looking-Glass And What The Idaho Supreme Court Found There, Dale Goble
Through The Looking-Glass And What The Idaho Supreme Court Found There, Dale Goble
Articles
No abstract provided.
The Third Best Choice: An Essay On Law And History, Theodore Y. Blumoff
The Third Best Choice: An Essay On Law And History, Theodore Y. Blumoff
Articles
The thesis of this Essay is that our use of history is as essential and unavoidable as conclusive answers are irretrievable. Irretrievability exists whether the historical reality sought results from a survey of traditional historical materials in an effort to recapture original understanding, or from a common-law effort to discover the Court's own history of an issue. In either case, however, the need to attempt to recover historical truths is perceived as essential. I subscribe, for the most part, to the contextualist premise that we cannot recover sufficient historical data on issues that matter to make history determinate in the …
Law And Administration After Chevron, Cass R. Sunstein
Paradoxes Of The Regulatory State, Cass R. Sunstein
Political Economy, Administrative Law: A Comment Comment, Cass R. Sunstein
Political Economy, Administrative Law: A Comment Comment, Cass R. Sunstein
Articles
No abstract provided.
Principles, Not Fictions Exchange, Cass R. Sunstein
Republicanism And The Preference Problem, Cass R. Sunstein
Republicanism And The Preference Problem, Cass R. Sunstein
Articles
No abstract provided.
Republicanism, Rights: A Comment On Pangle, Cass R. Sunstein
Republicanism, Rights: A Comment On Pangle, Cass R. Sunstein
Articles
No abstract provided.
Why The Unconstitutional Conditions Doctrine Is An Anachronism (With Particular Reference To Religion, Speech, And Abortion), Cass R. Sunstein
Why The Unconstitutional Conditions Doctrine Is An Anachronism (With Particular Reference To Religion, Speech, And Abortion), Cass R. Sunstein
Articles
No abstract provided.
Mandatory Retaliation For Breach Of Trade Agreements: Some Thoughts On The Strategic Design Of Section 301, Alan O. Sykes
Mandatory Retaliation For Breach Of Trade Agreements: Some Thoughts On The Strategic Design Of Section 301, Alan O. Sykes
Articles
No abstract provided.
Principles Against Executions, David Weissbrodt, Terri Rosen
Principles Against Executions, David Weissbrodt, Terri Rosen
Articles
The right to be free from extra-legal, arbitrary, or summary ex- ecutions is recognized in a number of international human rights in- struments. Such killings violate article 6 of the International Covenant on Civil and Political Rights,' which provides that "every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life."
Comparative Criminal Justice As A Guide To American Law Reform: How Do The French Do It, How Can We Find Out, And Why Should We Care?, Richard Frase
Comparative Criminal Justice As A Guide To American Law Reform: How Do The French Do It, How Can We Find Out, And Why Should We Care?, Richard Frase
Articles
In the 1970s and early 1980s, legal academics hotly debated the possibility of basing American law reforms on continental procedures, but this voluminous literature produced few conclusions and virtually no sustained research and reform efforts. In this Article, Professor Frase argues that this stalemate was largely due to the fact that the continental procedures most often proposed for borrowing were actually the least feasible transplants, whereas other, more modest possibilities were overlooked or misunderstood. To identify the latter, future researchers must analyze foreign systems comprehensively, in practice as well as in theory, and must subject domestic systems to equally comprehensive …
The United States-Dakota War Trials: A Study In Military Injustice, Carol Chomsky
The United States-Dakota War Trials: A Study In Military Injustice, Carol Chomsky
Articles
Between September 28 and November 3, 1862, in southwestern Minnesota, nearly four hundred Dakota 1 men were tried for murder, rape, and robbery. All but seventy were convicted, and 303 of these were condemned to die. 2 After an official review of the trials, the sentences of thirty-eight were confirmed and, on December 26, 1862, these thirty-eight were hanged in Mankato, Minnesota, in the largest mass execution in American history. On November 11, 1865, after three additional trials, two more Dakota followed them to the gallows.
Just Deserts For Juveniles: Punishment V. Treatment And The Difference It Makes, Barry Feld
Just Deserts For Juveniles: Punishment V. Treatment And The Difference It Makes, Barry Feld
Articles
No abstract provided.
Some Implications Of Cognitive Psychology For Risk Regulation, Roger G. Noll, James E. Krier
Some Implications Of Cognitive Psychology For Risk Regulation, Roger G. Noll, James E. Krier
Articles
Beginning with a set of books and articles published in the 1950s, cognitive psychologists have developed a new descriptive theory of how people make decisions under conditions of risk and uncertainty. A dominant theme in the theory is that most people do not evaluate risky circumstances in the manner assumed by conventional decision theory-they do not, that is, seek to maximize the expected value of some function when selecting among actions with uncertain outcomes. The purpose of this article is to consider some implications of the cognitive theory for regulatory policies designed to control risks to life, health, and the …
Surrogate Motherhood From The Perspective Of Family Law, Carl E. Schneider
Surrogate Motherhood From The Perspective Of Family Law, Carl E. Schneider
Articles
One of the things that I find most puzzling about the question of surrogate motherhood is how easily many people answer it. One of the things that I have most admired about today's comments is their tone of constraint and their sense of complexity. I myself am sympathetic to the argument that the unhappiness of infertile couples is profound and that surrogacy contracts offer them the hope of an equally profound happiness. And I am prepared to believe that many surrogate mothers perform their part of the bargain without grief and even with gratification. Yet these benefits of surrogacy are …
The Public Domain, Jessica D. Litman
The Public Domain, Jessica D. Litman
Articles
This article examines the public domain by looking at the gulf between what authors really do and the way the law perceives them. Part I outlines the basics of copyright as a species of property and introduces the public domain's place within the copyright scheme. Copyright grants authors" ' rights modeled on real property in order to encourage authorship by providing authors with markets in which they can seek compensation for their creations. Because parcels of authorship are intangible, however, the law faces *problems in determining the ownership and boundaries of its property grants. In particular, the concept of "originality," …
Reasons, Authority, And The Meaning Of 'Obey': Further Thoughts On Raz And Obedience To Law, Donald H. Regan
Reasons, Authority, And The Meaning Of 'Obey': Further Thoughts On Raz And Obedience To Law, Donald H. Regan
Articles
I recently published a long article' discussing a variety of topics from Joseph Raz's The Morality of Freedom.2 The article was part of a symposium on Raz's work in the Southern California Law Review. Raz responded' to the articles in that symposium, including my own. From a perspective which surveys the whole range of views on political philosophy, Raz's view and mine look very similar. Even so, we find many things to disagree about, which neither of us would regard as merely matters of detail. For the most part, we at least share a common understanding of our disagreements. But …
Afterword To Chicago-Kent Law Review, Theodore J. St. Antoine
Afterword To Chicago-Kent Law Review, Theodore J. St. Antoine
Articles
A unifying theme of this Symposium is as old and enduring as the common law: when and how can a well-established, successful adjudicative institution be adapted to meet the demands of new and substantially different situations? There have been splendid triumphs of transference, such as Lord Mansfield's appropriation of the law merchant in the eighteenth century as a major building block of modem commercial law. There have also been embarrassing failures, like the abortive effort to transport American labor law concepts en masse into the alien British environment of the early 1970s. The common question confronting the participants in this …
Risk And Design, James E. Krier
Risk And Design, James E. Krier
Articles
Risk springs from uncertainty,' uncertainty invites error, and, since error can be costly, we would prefer to avoid it (provided, of course, that avoidance is not more costly yet). While there is much in the Noll and Krier article2 about judgmental error under conditions of risk and uncertainty, there is little about ways to avoid it. So avoidance-more accurately, minimization-of error costs is the topic I want to address very briefly and partially here.