Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

Articles

Discipline
Institution
Keyword
Publication Year
Publication Type
File Type

Articles 7321 - 7350 of 8390

Full-Text Articles in Entire DC Network

Projection Crystallography, Alan Pomplun Jan 1988

Projection Crystallography, Alan Pomplun

Articles

The birefringent properties of many crystalline substances can create vivid collages when combined with polarized illumination. High magnification photographs of these patterns can be produced simply without the use of a microscope or other expensive equipment. The technique involves projecting an enlarged crystal pattern with a condenser enlarger onto 35mm film.


Civil Rule 52(A): Rationing And Rationalizing The Resources Of Appellate Review, Edward H. Cooper Jan 1988

Civil Rule 52(A): Rationing And Rationalizing The Resources Of Appellate Review, Edward H. Cooper

Articles

My text is a single and rather simple sentence from Rule 52(a) of the Federal Rules of Civil Procedure: Findings of fact, whether based on oral or documentary evidence, shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge of the credibility of the witnesses. My theme is equally simple.. Rule 52(a) serves a vital institutional role in allocating the responsibility and the power of decision between district courts and the courts of appeals. The "dearly erroneous" standard of appellate review established by the Rule is a …


Becket At The Bar--The Conflicting Obligations Of The Solicitor General, Eric Schnapper Jan 1988

Becket At The Bar--The Conflicting Obligations Of The Solicitor General, Eric Schnapper

Articles

This Article suggests that the Solicitor General has five quite distinct responsibilities: to provide the Supreme Court with accurate and balanced information, to help to shape the Court's docket, to assure that the government's presentations maintain a high level of professionalism, to frame government positions which strike an appropriate balance between justice and advocacy, and to identify the interests and policies of the government client whom he represents. These responsibilities at times place the Solicitor General under conflicting obligations, not merely conflicts between his or her duties to the Court and to the administration, but conflicts in the Solicitor General's …


The Tax Treatment Of Qualified Plans: A Classic Defense Of The Status Quo, Edward A. Zelinsky Jan 1988

The Tax Treatment Of Qualified Plans: A Classic Defense Of The Status Quo, Edward A. Zelinsky

Articles

The current tax treatment of qualified pension and profit sharing plans has been criticized by commentators as an unfair and expensive tax expenditure. In this Article, Professor Zelinsky challenges this characterization and defends the current treatment of qualified plans on the ground that it is at least as attractive as its alternatives and superior to many of them. After evaluating the current treatment and the alternatives under the criteria of measurability, administrability, liquidity, equity, and simplicity, Professor Zelinsky concludes that the present treatment of qualified plans can be viewed as an acceptable part of a normative income tax.


Storytelling For Oppositionists And Others: A Plea For Narrative Legal Storytelling, Richard Delgado Jan 1988

Storytelling For Oppositionists And Others: A Plea For Narrative Legal Storytelling, Richard Delgado

Articles

No abstract provided.


Adr And The Dispossessed: Recent Books About The Deformalization Movement Symposium On Informal Dispute Resolution, Richard Delgado Jan 1988

Adr And The Dispossessed: Recent Books About The Deformalization Movement Symposium On Informal Dispute Resolution, Richard Delgado

Articles

No abstract provided.


Law And Enchantment: The Place Of Belief, Joseph Vining Dec 1987

Law And Enchantment: The Place Of Belief, Joseph Vining

Articles

The question I wish to raise is whether one must believe what one says when one makes a statement of law. The language of belief that we know, and from which moral discourse and the moral never stray far: do judges, lawyers, law participate in it? Any such question is but an aspect of a larger question, indeed issue, of what we may call the objectivity of legal language. It is raised perhaps most acutely by the broad claims now being made for artificial intelligence and in particular for the computer programming of legal advice (as a species of what …


'Comparative Reprehensibility' And The Fourth Amendment Exclusionary Rule, Yale Kamisar Oct 1987

'Comparative Reprehensibility' And The Fourth Amendment Exclusionary Rule, Yale Kamisar

Articles

It is not . . . easy to see what the shock-the-conscience test adds, or should be allowed to add, to the deterrent function of exclusionary rules. Where no deterrence of unconstitutional police behavior is possible, a decision to exclude probative evidence with the result that a criminal goes free to prey upon the public should shock the judicial conscience even more than admitting the evidence. So spoke Judge Robert H. Bork, concurring in a ruling that the fourth amendment exclusionary rule does not apply to foreign searches conducted exclusively by foreign officials. A short time thereafter, when an interviewer …


Multiple Access Protocols For Data Communications Via Vsat Networks, Chester J. Wolejsza, Desmond P. Taylor, Melvyn Grossman, William P. Osborne Jul 1987

Multiple Access Protocols For Data Communications Via Vsat Networks, Chester J. Wolejsza, Desmond P. Taylor, Melvyn Grossman, William P. Osborne

Articles

One of the most significant advantages of VSAT Networks is the ability to link together many terminals at remote sites under a single manageable network and to adapt the performance characteristics of the network to the requirements of the type of data traffic presented to the network.


The Tax Reform Act Of 1986: A Response To Professor Yorio And His Vision Of The Future Of The Internal Revenue Code, Edward A. Zelinsky May 1987

The Tax Reform Act Of 1986: A Response To Professor Yorio And His Vision Of The Future Of The Internal Revenue Code, Edward A. Zelinsky

Articles

No abstract provided.


A Primer On The Sale Of Corporate Control (Reviewing David Cowan Bayne, The Philosophy Of Corporate Control: A Treatise On The Law Of Fiduciary Duty (1986)), Saul Levmore Apr 1987

A Primer On The Sale Of Corporate Control (Reviewing David Cowan Bayne, The Philosophy Of Corporate Control: A Treatise On The Law Of Fiduciary Duty (1986)), Saul Levmore

Articles

No abstract provided.


The Deductibility Of State And Local Taxes: Income Measurement, Tax Expenditures And Partial, Functional Deductibility, Edward A. Zelinsky Apr 1987

The Deductibility Of State And Local Taxes: Income Measurement, Tax Expenditures And Partial, Functional Deductibility, Edward A. Zelinsky

Articles

No abstract provided.


The American Advantage: The Value Of Inefficient Litigation, Samuel R. Gross Feb 1987

The American Advantage: The Value Of Inefficient Litigation, Samuel R. Gross

Articles

In a recent article, The German Advantage in Civil Procedure,1 Professor John Langbein claims that the German system of civil litigation is superior to the American; in an earlier article he makes a parallel claim about German criminal procedure.2 Roughly, Professor Langbein argues that by comparison to the German process, American litigation is overly complex, expensive, slow, and unpredictable - in short, inefficient.3 Professor Langbein is not the first and will not be the last to criticize American legal institutions in these terms, but he expresses this criticism particularly well: he is concise and concrete, he describes American practice by …


Federalism And Conspiracy: Is Governmentally Compelled Conduct Per Se Lawful Under Section 1 Of The Sherman Act?, Mark Anderson Jan 1987

Federalism And Conspiracy: Is Governmentally Compelled Conduct Per Se Lawful Under Section 1 Of The Sherman Act?, Mark Anderson

Articles

No abstract provided.


Beyond The Rule Of Law: Civic Virtue And Constitutional Structure, Richard A. Epstein Jan 1987

Beyond The Rule Of Law: Civic Virtue And Constitutional Structure, Richard A. Epstein

Articles

No abstract provided.


Wilder V. Bernstein: Squeeze Play By Consent Decree, Richard A. Epstein Jan 1987

Wilder V. Bernstein: Squeeze Play By Consent Decree, Richard A. Epstein

Articles

No abstract provided.


The Proper Scope Of The Commerce Power, Richard A. Epstein Jan 1987

The Proper Scope Of The Commerce Power, Richard A. Epstein

Articles

No abstract provided.


Municipal Liability Under 1983: A Legal And Economic Analysis, Larry B. Kramer, Alan O. Sykes Jan 1987

Municipal Liability Under 1983: A Legal And Economic Analysis, Larry B. Kramer, Alan O. Sykes

Articles

No abstract provided.


Redesigning The Spouse's Forced Share, John H. Langbein, Lawrence W. Waggoner Jan 1987

Redesigning The Spouse's Forced Share, John H. Langbein, Lawrence W. Waggoner

Articles

This article discusses the history of the forced share, the justifications for it, and the uneven fit between the rule and the objectives, then proposes a new approach that would meet the objectives.


The Constitution In The Supreme Court: Civil Rights And Liberties, 1930-1941, David P. Currie Jan 1987

The Constitution In The Supreme Court: Civil Rights And Liberties, 1930-1941, David P. Currie

Articles

This is the latest in Professor Currie's continuing series on the historical development of constitutional doctrine. In this article Professor Currie surveys the major decisions of the Supreme Court between 1930 and 1941 in the area of criminal procedure, civil rights and civil liberties. In the area of criminal procedure, Professor Currie concludes that in deciding what procedures were required or forbidden by due process, historical inquiry was displaced by a fundamental-rights test. In the area of civil liberties, Professor Currie concludes that the Court made modest progress. Finally, Professor Currie concludes that the Court's most important civil liberties work …


The Positive Role Of Tax Law In Corporate And Capital Markets, Saul Levmore Jan 1987

The Positive Role Of Tax Law In Corporate And Capital Markets, Saul Levmore

Articles

No abstract provided.


The Decline Of Law As An Autonomous Discipline: 1962-1987, Richard A. Posner Jan 1987

The Decline Of Law As An Autonomous Discipline: 1962-1987, Richard A. Posner

Articles

No abstract provided.


Excusing Harmless Errors In The Execution Of Wills: A Report On Australia's Tranquil Revolution In Probate Law, John H. Langbein Jan 1987

Excusing Harmless Errors In The Execution Of Wills: A Report On Australia's Tranquil Revolution In Probate Law, John H. Langbein

Articles

No abstract provided.


Comparative Advantage And Antitrust Law, Frank H. Easterbrook Jan 1987

Comparative Advantage And Antitrust Law, Frank H. Easterbrook

Articles

No abstract provided.


Federalism: Evaluating The Founders' Design, Michael W. Mcconnell Jan 1987

Federalism: Evaluating The Founders' Design, Michael W. Mcconnell

Articles

No abstract provided.


The Rule Of Law And The Role Of The Solicitor General, Michael W. Mcconnell Jan 1987

The Rule Of Law And The Role Of The Solicitor General, Michael W. Mcconnell

Articles

No abstract provided.


Allocating Antitrust Decisionmaking Tasks, Frank H. Easterbrook Jan 1987

Allocating Antitrust Decisionmaking Tasks, Frank H. Easterbrook

Articles

Antitrust law has become a branch of industrial organization, itself a branch of economics. Today judges and the antitrust enforcement agencies search at every turn for economic arguments pro and con. This is a staple in academic thought as well-and it makes little difference what stripe. Those who could be called hawks employ economic argument, just as do those who see less scope for antitrust do. Most of the papers delivered at this symposium, like the merger guidelines issued by the National Association Attorneys General (NAAG),' are grounded in economic rather than political theories. More economics lies ahead. But what …


Justice And Contract In Consent Judgments, Frank H. Easterbrook Jan 1987

Justice And Contract In Consent Judgments, Frank H. Easterbrook

Articles

No abstract provided.


Legal Liability For Medical Innovation, Richard A. Epstein Jan 1987

Legal Liability For Medical Innovation, Richard A. Epstein

Articles

No abstract provided.


The Fundamentals Of Freedom Of Speech, Richard A. Epstein Jan 1987

The Fundamentals Of Freedom Of Speech, Richard A. Epstein

Articles

No abstract provided.