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Articles 7261 - 7290 of 8390
Full-Text Articles in Entire DC Network
The Foreign Sovereign Immunities Act And Act Of State, Malvina Halberstam
The Foreign Sovereign Immunities Act And Act Of State, Malvina Halberstam
Articles
No abstract provided.
Undersecured Claims Under Bankruptcy Code Sections 506(A) And 1111(B): Second Looks At Judicial Valuations Of Collateral, David G. Carlson
Undersecured Claims Under Bankruptcy Code Sections 506(A) And 1111(B): Second Looks At Judicial Valuations Of Collateral, David G. Carlson
Articles
No abstract provided.
Capital Punishment: A Disputation, Peter Lushing
Capital Punishment: A Disputation, Peter Lushing
Articles
The article critiques the use of capital punishment, arguing that it is morally flawed, ineffective as a deterrent, and disproportionately applied to marginalized groups. Through a dialogue between a judge and a clerk, it highlights the emotional and societal complexities surrounding the death penalty, ultimately advocating for its abolition in favor of life imprisonment and systemic reforms.
Individual Autonomy And Collective Empowerment In Labor Law: Union Membership Resignations And Strikebreaking In The New Economy, David Abraham
Individual Autonomy And Collective Empowerment In Labor Law: Union Membership Resignations And Strikebreaking In The New Economy, David Abraham
Articles
In this Article, Doctor Abraham studies the tensions between individual rights and theories of collective action in the context of union membership resignations and strikebreaking. He argues that recent judicial and executive tendencies to value individual worker autonomy over collective union action are misguided, lacking a basis in both legal precedent and social reality. In support of his view, Abraham first explores the philosophical and historical-sociological roots of labor and labor-capital relations, focusing on the meaning of employment and the history of collective action. Next, he examines the social and legal origins of the judiciary's recent tendency to increase union …
Nollan, Henry George, And Exactions, Stewart E. Sterk
Nollan, Henry George, And Exactions, Stewart E. Sterk
Articles
The article examines the legal and economic implications of exactions, particularly in light of the Supreme Court's decision in Nollan v. California Coastal Commission. While exactions—requirements imposed on developers to provide municipal benefits—can theoretically promote efficiency and fairness, the analysis suggests that their practical implementation by municipalities is fraught with challenges. These challenges include the potential for inefficiency, unfairness, and arbitrary decision-making, which may undermine their effectiveness and raise constitutional concerns. The article argues that the concerns expressed in Nollan and other cases stem from the fear that exaction schemes could lead to inefficient and unfair municipal behavior, as well …
Appellate Review Of Refusals To Depart, David Yellen
Coming Of Age Some More: "Law And Literature" Beyond The Cradle, Richard H. Weisberg
Coming Of Age Some More: "Law And Literature" Beyond The Cradle, Richard H. Weisberg
Articles
The article explores the historical development and significance of the Law and Literature movement, emphasizing the importance of literature in understanding legal reasoning, judicial writing, and professional ethics. It highlights how literature provides unique insights into the legal profession and advocates for its integration into legal education and practice to enhance ethical understanding and communication skills.
Lawyers And Informal Justice: The Case Of A Public Housing Eviction Board, Richard O. Lempert, Karl Monsma
Lawyers And Informal Justice: The Case Of A Public Housing Eviction Board, Richard O. Lempert, Karl Monsma
Articles
When lawyers think of civil procedure they almost invariably think of the rules of civil procedure and the formality they entail. A course in civil procedure focusing almost exclusively on the Federal Rules of Civil Procedure is in most law schools part of the traditional first-year curriculum. Indeed some would argue that it is at the core of that curriculum, for more than any other first-year course it takes students away from familiar moral anchors and instructs them in a set of distinctively legal practices and values. The ability to manipulate the legal system's rules of procedure is the most …
Terrorism On The High Seas: The Achille Lauro, Piracy And The Imo Convention On Maritime Safety, Malvina Halberstam
Terrorism On The High Seas: The Achille Lauro, Piracy And The Imo Convention On Maritime Safety, Malvina Halberstam
Articles
No abstract provided.
Feminism Unmodified, Cass R. Sunstein
Evaluating A Computer Program With A Structured Expert Review Process, Dennis G. Watson, Mary P. Andrews, Roger C. Brook
Evaluating A Computer Program With A Structured Expert Review Process, Dennis G. Watson, Mary P. Andrews, Roger C. Brook
Articles
A structured expert review process was implemented to evaluate the technical content and usability of a program on aeration system design for grain storages. Technical evaluation was used to determine if the computer program generated solutions similar to expert solutions. Other aspects of the evaluation focused on measures of ease of use, effectiveness of information conveyance and usefulness of solution. The evaluation procedure and questionnaires are described and results from the evaluation of an aeration system design program are summarized. The evaluation process served to validate the aeration system design program, generate suggestions for improving the program, identify areas for …
A Return To Fourth Amendment Basics: Undoing The Mischief Of Camara And Terry, Scott E. Sundby
A Return To Fourth Amendment Basics: Undoing The Mischief Of Camara And Terry, Scott E. Sundby
Articles
No abstract provided.
Jurisprudential Responses To Legal Realism, Richard A. Posner
Jurisprudential Responses To Legal Realism, Richard A. Posner
Articles
No abstract provided.
The Mistakes Of 1937, Richard A. Epstein
A Moral Realist Defense Of Constitutional Democracy, Michael W. Mcconnell
A Moral Realist Defense Of Constitutional Democracy, Michael W. Mcconnell
Articles
No abstract provided.
Legality, Activism, And The Patronage Case, David A. Strauss
Legality, Activism, And The Patronage Case, David A. Strauss
Articles
No abstract provided.
Stability And Reliability In Judicial Decisions, Frank H. Easterbrook
Stability And Reliability In Judicial Decisions, Frank H. Easterbrook
Articles
No abstract provided.
The Jurisprudence Of Skepticism, Richard A. Posner
Contract Rights And Property Rights: A Case Study In The Relationship Between Individual Liberties And Constitutional Structure, Michael W. Mcconnell
Contract Rights And Property Rights: A Case Study In The Relationship Between Individual Liberties And Constitutional Structure, Michael W. Mcconnell
Articles
In this Essay, Professor McConnell argues that constitutional interpretation should extend beyond the substantive principles expressed in the Constitution to the structural and institutional choices of the Framers. As an example, he explores possible explanations for the disparate treatment the Constitution accords to property and contract rights. Despite the Founders' general commitment to the preservation of private contract and property rights, the contracts clause, by its terms, applies only to state governments, while the just compensation clause applies solely to the federal government. Part I of the Essay summarizes the textual problem posed by the contracts and just compensation clauses. …
Book Review (Reviewing Eskridge, William N., J., Cases And Materials On Legislation: Statutes And The Creation Of Public Policy (1988)), Richard A. Posner
Book Review (Reviewing Eskridge, William N., J., Cases And Materials On Legislation: Statutes And The Creation Of Public Policy (1988)), Richard A. Posner
Articles
No abstract provided.
Blackmail, Ronald H. Coase
Modern Republicanism--Or The Flight From Substance, Richard A. Epstein
Modern Republicanism--Or The Flight From Substance, Richard A. Epstein
Articles
No abstract provided.
The Unintended Revolution In Product Liability Law, Richard A. Epstein
The Unintended Revolution In Product Liability Law, Richard A. Epstein
Articles
No abstract provided.
The Ubiquity Of Prophylactic Rules, David A. Strauss
Walter Blum Tributes, Joseph Isenbergh
Strategic Delays And Fiduciary Duties, Saul Levmore
In Defense Of The Regulation Of Insider Trading, Saul Levmore
In Defense Of The Regulation Of Insider Trading, Saul Levmore
Articles
No abstract provided.
Recharacterizations And The Nature Of Theory In Corporate Tax Law, Saul Levmore
Recharacterizations And The Nature Of Theory In Corporate Tax Law, Saul Levmore
Articles
No abstract provided.
Precedent, The Amendment Process, And Evolution In Constitutional Doctrine, Geoffrey R. Stone
Precedent, The Amendment Process, And Evolution In Constitutional Doctrine, Geoffrey R. Stone
Articles
No abstract provided.
Rent Control And The Theory Of Efficient Regulation, Richard A. Epstein
Rent Control And The Theory Of Efficient Regulation, Richard A. Epstein
Articles
No abstract provided.