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Articles 7561 - 7590 of 8399
Full-Text Articles in Entire DC Network
Legal Theory And The Obligation To Obey, Philip E. Soper
Legal Theory And The Obligation To Obey, Philip E. Soper
Articles
Contributions to this symposium will undoubtedly share, with other recent discussions of the issue, the assumption that one does not need to decide what law is before deciding whether there is an obligation to obey it. More precisely, the assumption seems to be that our ordinary, pre-analytic understanding of "law" provides a completely adequate base for discussions about law's moral authority. The more refined disputes about the nature of law that dominate analytical jurisprudence can thus be ignored.
Timing As Jurisdiction: Federal Civil Appeals In Context, Edward H. Cooper
Timing As Jurisdiction: Federal Civil Appeals In Context, Edward H. Cooper
Articles
The purpose of these few pages is to show that the calculus of appeal timing is inherently complex. If we are to continue the effort to capture the calculus in rules, the rules will be correspondingly complex. The complex rules will have some virtues; nonetheless, the rules also are likely to generate misunderstanding and may tend to produce undesirable results. It is very tempting to replace the rules with a flexible system that relies largely on discretion to determine the occasions for appeal before a truly final judgment. Whether a flexible system has now become appropriate depends on the same …
The Washington Environmental Policy Act, William H. Rodgers, Jr.
The Washington Environmental Policy Act, William H. Rodgers, Jr.
Articles
As the Washington State Environmental Policy Act of 1971 (SEPA)'approaches its fourteenth birthday, the time is ripe for an assessment of its recent history and foreseeable future. Several SEPA milestones have come and gone in the last several months, and a period of stability is in order. Reported Washington decisions citing SEPA now number close to one hundred; more than fifty of these are decisions of the Washington Supreme Court.
The books are closed on the two-year efforts of the Washington Commission on Environmental Policy (the SEPA Commission), whose work culminated in a report to the 1983 Legislature. There was …
Jewish Divorce: Judicial Misconceptions And Possible Means Of Civil Enforcement, J. David Bleich
Jewish Divorce: Judicial Misconceptions And Possible Means Of Civil Enforcement, J. David Bleich
Articles
No abstract provided.
Transfer Taxation Without Transfer: Reflections On Employer-Provided Death Benefits, Section 2039, Disclaimers, New Forms Of Wealth, And The Evolution Of The Federal Estate Tax, Edward A. Zelinsky
Transfer Taxation Without Transfer: Reflections On Employer-Provided Death Benefits, Section 2039, Disclaimers, New Forms Of Wealth, And The Evolution Of The Federal Estate Tax, Edward A. Zelinsky
Articles
No abstract provided.
Government Liability For Unconstitutional Land Use Regulation, Stewart E. Sterk
Government Liability For Unconstitutional Land Use Regulation, Stewart E. Sterk
Articles
The article examines whether the Constitution requires a damage remedy for unconstitutional land use ordinances and analyzes the policy implications of such a remedy. It argues that while awarding damages can compensate victims and influence behavior, the threat of liability may discourage useful government action. The author concludes that municipal damage liability for unconstitutional land use ordinances is generally unwise, except when the ordinance results from bad faith or deliberate obstruction of constitutional rights.
An Essay On The Conceptual Foundations Of The Tax Benefit Rule, Patricia D. White
An Essay On The Conceptual Foundations Of The Tax Benefit Rule, Patricia D. White
Articles
A good deal has been written over the past forty-odd years about the tax benefit rule. Over this period the federal courts have decided many cases in which its application has been at issue, and the law journals have published a small but steady stream of commentary on the rule and its manifestations. Last term, in Hillsboro National Bank v. Commissioner, the Supreme Court issued an opinion that focused squarely, and at some length, on the tax benefit rule. Despite this attention, relatively little has been done to examine the conceptual foundations of the tax benefit rule and to …
Perpetuity Reform, Lawrence W. Waggoner
Perpetuity Reform, Lawrence W. Waggoner
Articles
After years of debate, perpetuity reform is still controversial. To be sure, there is agreement among virtually all of the commentators and experts in the field that the Rule Against Perpetuities is in need of reform. The disagreement, on the surface, centers on the methods of reform to be employed. At least three basic methods have been advanced: (1) specific statutory repair of discrete problem areas; (2) reformation; and (3) wait-and-see. Each method has its sponsors, and each has in one form or another been adopted as part of the law of a few states. These methods are not mutually …
Performance Comparison Of Likelihood, Hard-Limited, And Linear Combining Receivers For Fh-Mfsk Mobile Radio--Base-To-Mobile Transmission, R. Viswanathan, S. C. Gupta
Performance Comparison Of Likelihood, Hard-Limited, And Linear Combining Receivers For Fh-Mfsk Mobile Radio--Base-To-Mobile Transmission, R. Viswanathan, S. C. Gupta
Articles
The performances of three receivers, namely, the hard-limited, the linear, and the maximum-likelihood combiners for the detection of frequency-hopped multilevel frequency-shift keyed signals transmitted from mobiles to base have been reported earlier [11]. Only the hard-limited combiner has been analyzed with respect to base-to-mobile link [1]. Here, we give new results on the performance of the likelihood and the linear combining receivers operating at the mobiles. Whereas it is possible to find exactly the union bound on the probability of hit error for a linear combiner, for a likelihood receiver, bounding and approximation techniques such as simple Chernoff bound and …
Adjacent Cell Interference In Fh-Mfsk Cellular Mobile Radio System, R. Viswanathan, Someshwar C. Gupta
Adjacent Cell Interference In Fh-Mfsk Cellular Mobile Radio System, R. Viswanathan, Someshwar C. Gupta
Articles
The effect of adjacent cell interference in cellular mobile system using FH-MFSK transmission is evaluated quantitatively. The performance of base to mobile communication in the system is analyzed, assuming perfect synchronization between users in all the cells. Analysis of the system employing no power control shows that the number of simultaneous users possible at average bit error probability Pb of less than 1 × 10-3 is reduced greatly from the corresponding figure for the isolated cell (which is about 170). It is then shown that a simple power control strategy could reduce the adjacent cell interference significantly. A …
The Derivative And Discretionary-Function Immunities Of Presidential And Congressional Aides In Constitutional Tort Actions, Kathryn D. Sowle
The Derivative And Discretionary-Function Immunities Of Presidential And Congressional Aides In Constitutional Tort Actions, Kathryn D. Sowle
Articles
No abstract provided.
The Early History Of The Grand Jury And The Canon Law, Richard H. Helmholz
The Early History Of The Grand Jury And The Canon Law, Richard H. Helmholz
Articles
No abstract provided.
The Meaning Of Judicial Self-Restraint, Richard A. Posner
The Meaning Of Judicial Self-Restraint, Richard A. Posner
Articles
No abstract provided.
Shaping The Eighteenth-Century Criminal Trial: A View From The Ryder Sources, John H. Langbein
Shaping The Eighteenth-Century Criminal Trial: A View From The Ryder Sources, John H. Langbein
Articles
No abstract provided.
Blackmail, Inc., Richard A. Epstein
The Early History Of The Grand Jury And The Canon Law, Richard H. Helmholz
The Early History Of The Grand Jury And The Canon Law, Richard H. Helmholz
Articles
No abstract provided.
The Most Insignificant Justice: Further Evidence, Frank H. Easterbrook
The Most Insignificant Justice: Further Evidence, Frank H. Easterbrook
Articles
No abstract provided.
Implementing The Criminal Defendant's Right To Trial: Alternatives To The Plea Bargaining System, Albert W. Alschuler
Implementing The Criminal Defendant's Right To Trial: Alternatives To The Plea Bargaining System, Albert W. Alschuler
Articles
No abstract provided.
Interpersonal Privacy And The Fourth Amendment, Albert W. Alschuler
Interpersonal Privacy And The Fourth Amendment, Albert W. Alschuler
Articles
No abstract provided.
Possession And Ownership: An Examination Of The Scope Of Article 9, Douglas G. Baird, Thomas H. Jackson
Possession And Ownership: An Examination Of The Scope Of Article 9, Douglas G. Baird, Thomas H. Jackson
Articles
No abstract provided.
Statutes' Domains, Frank H. Easterbrook
Common Law, Labor Law, And Reality: A Rejoinder To Professors Getman And Kohler, Richard A. Epstein
Common Law, Labor Law, And Reality: A Rejoinder To Professors Getman And Kohler, Richard A. Epstein
Articles
No abstract provided.
A Common Law For Labor Relations: A Critique Of The New Deal Labor Legislation, Richard A. Epstein
A Common Law For Labor Relations: A Critique Of The New Deal Labor Legislation, Richard A. Epstein
Articles
No abstract provided.
Will The Federal Courts Of Appeals Survive Until 1984?: An Essay On Delegation And Specialization Of The Judicial Function, Richard A. Posner
Will The Federal Courts Of Appeals Survive Until 1984?: An Essay On Delegation And Specialization Of The Judicial Function, Richard A. Posner
Articles
No abstract provided.
Statutory Interpretation--In The Classroom And In The Courtroom, Richard A. Posner
Statutory Interpretation--In The Classroom And In The Courtroom, Richard A. Posner
Articles
This paper continues a discussion begun in an earlier paper in this journal.1 That paper dealt primarily with the implications for statutory interpretation of the interest-group theory of legislation, recently revivified by economists; it also dealt with constitutional interpretation. This paper focuses on two topics omitted in the earlier one: the need for better instruction in legislation in the law schools and the vacuity of the standard guideposts to reading statutes- the "canons of construction." The topics turn out to be related. The last part of the paper contains a positive proposal on how to interpret statutes.
In Opposition To The School Prayer Amendment, Geoffrey R. Stone
In Opposition To The School Prayer Amendment, Geoffrey R. Stone
Articles
No abstract provided.
The Constitution In The Supreme Court: Article Iv And Federal Powers, 1836-1864, David P. Currie
The Constitution In The Supreme Court: Article Iv And Federal Powers, 1836-1864, David P. Currie
Articles
Continuing his critical analysis of the constitutional decisions of the Taney period, Professor Currie examines cases involving the privileges and immunities clause, fugitives from slavery and criminal prosecution, and intergovernmental immunities, as well as cases dealing with the scope of federal judicial and legislative powers. In these decisions, with the glaring exception ofScott v. Sandford, he finds additional evidence that in general the Taney Court continued to enforce constitutional limitations vigorously against the states and to construe federal authority generously.
Adverse Possession And Subjective Intent, Richard H. Helmholz
Adverse Possession And Subjective Intent, Richard H. Helmholz
Articles
No abstract provided.
Equitable Division And The Law Of Finders, Richard H. Helmholz
Equitable Division And The Law Of Finders, Richard H. Helmholz
Articles
No abstract provided.
The Business Of The Supreme Court, O.T. 1982, Dennis J. Hutchinson, Philip B. Kurland
The Business Of The Supreme Court, O.T. 1982, Dennis J. Hutchinson, Philip B. Kurland
Articles
No abstract provided.