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Articles 7681 - 7710 of 8399
Full-Text Articles in Entire DC Network
Secondary Liability Under Section 10(B) Of The Securities Act Of 1934, Daniel R. Fischel
Secondary Liability Under Section 10(B) Of The Securities Act Of 1934, Daniel R. Fischel
Articles
No abstract provided.
The Law And Economics Of Dividend Policy, Daniel R. Fischel
The Law And Economics Of Dividend Policy, Daniel R. Fischel
Articles
No abstract provided.
Public Programs And Private Rights, Cass R. Sunstein, Richard B. Stewart
Public Programs And Private Rights, Cass R. Sunstein, Richard B. Stewart
Articles
By what right may courts seek to remedy deficient administrative performance, and by what methods should they do so? This question has been answered in fits and starts, in the context of several existing remedies: rights to contest regulatory impositions, hearing rights concerning government benefits, implied rights of action, and most recently, rights to require an agency itself to take enforcement action. Professors Stewart and Sunstein offer a theory to explain both the conceptual similarities and the evolutionary differences among these remedies. They show how the remedies are linked with particular conceptions of the deepest purposes particular statutes are meant …
Mr. Chief Justice Burger On The State Of The Judiciary - 1981, Philip B. Kurland
Mr. Chief Justice Burger On The State Of The Judiciary - 1981, Philip B. Kurland
Articles
No abstract provided.
Race Bias In The Administration Of The Death Penalty: The Florida Experience, Hans Zeisel
Race Bias In The Administration Of The Death Penalty: The Florida Experience, Hans Zeisel
Articles
No abstract provided.
The Disposition Of Felony Arrests, Hans Zeisel
The Disposition Of Felony Arrests, Hans Zeisel
Articles
While we know a great deal about the disposition of felony arrests that reach the trial stage, we know little about the details of the dispositions reached without trial. And yet, this latter category forms as a rule over 90 percent, in New York City 98 percent, of all dispositions. Basing his analysis on a study done in the early 1970s, the author describes and presents data on the various stages in the process from arrest to final disposition through plea bargaining, trial, or dismissal of the case. For the first time, this usually opaque disposition pattern prior to trial …
Social Science Hubris--A Review Of Lindblom And Cohen's Usable Knowledge Review Article, Hans Zeisel
Social Science Hubris--A Review Of Lindblom And Cohen's Usable Knowledge Review Article, Hans Zeisel
Articles
No abstract provided.
Fact-Finding By International Nongovernmental Human Rights Organizations, David Weissbrodt, James Mccarthy
Fact-Finding By International Nongovernmental Human Rights Organizations, David Weissbrodt, James Mccarthy
Articles
There are a considerable number of nongovernmental organizations (NGOs) engaged in overseeing the implementation of human rights by governments throughout the world.1 Working at the international2 and national levels,s these organizations function as unofficial ombudsmen safeguarding human rights against govern- mental infringement, using such techniques as diplomatic initia- tives,4 reports,5 public statements,6 efforts to influence the deliber- ations of intergovernmental human rights bodies, campaigns to mobilize public opinion,8 and attempts to affect the foreign policy of some countries with respect to their relations with other coun- tries that regularly commit human rights violations.9
Juvenile Court Legislative Reform And The Serious Young Offender: Dismantling The "Rehabilitative Ideal", Barry C. Feld
Juvenile Court Legislative Reform And The Serious Young Offender: Dismantling The "Rehabilitative Ideal", Barry C. Feld
Articles
There are two principal mechanisms for transferring juvenile offenders to the adult criminal justice process. The most common mechanism is judicial waiver; the alternative is legislative waiver, i.e., the legislature redefines juvenile court jurisdiction to exclude from juvenile courts those youths charged with certain offenses. During 1980, the Minnesota Legislature actively reviewed the State's juvenile code and significantly modified several provisions focusing on the serious young offender, the certification process, and the interface between the juvenile and criminal courts in sentencing. Under the new legislation, the exclusively benevolent and rehabilitative purpose of the juvenile court remains only for children alleged …
Towards A Comprehensive Approach To Clinical Education: A Response To The New Reality, Terence J. Anderson
Towards A Comprehensive Approach To Clinical Education: A Response To The New Reality, Terence J. Anderson
Articles
No abstract provided.
Concurrence In Quotes: A Critical Assessment Of Chief Justice Burger's Objections To A Right To Treatment For The Involuntarily Confined Mentally Ill, Richard Delgado, Michael N. Alexander, Peggy Bernardy, Fran Bremer
Concurrence In Quotes: A Critical Assessment Of Chief Justice Burger's Objections To A Right To Treatment For The Involuntarily Confined Mentally Ill, Richard Delgado, Michael N. Alexander, Peggy Bernardy, Fran Bremer
Articles
No abstract provided.
Extracting Documents And Information From The Internal Revenue Service, Stuart E. Siegel, Stanley I. Langbein
Extracting Documents And Information From The Internal Revenue Service, Stuart E. Siegel, Stanley I. Langbein
Articles
No abstract provided.
Stock Redemptions: The Standards For Qualifying As A Purchase Under Section 302(B)., Douglas A. Kahn
Stock Redemptions: The Standards For Qualifying As A Purchase Under Section 302(B)., Douglas A. Kahn
Articles
This Article discusses the requirements of section 302(b) for characterizing a stock redemption as a purchase rather than as a dividend equivalent. The focus is primarily on two issues: (1) whether the election authorized by section 302(c)(2) to waive family attribution rules should be available to an entity such as a trust or estate; and (2) the determination of the standards to be applied in resolving whether a redemption is "not essentially equivalent to a dividend" so that section 302(b)(1) is applicable.
The Distrust Of Politics, Terrance Sandalow
The Distrust Of Politics, Terrance Sandalow
Articles
In this Article, Dean Sandalow considers the justifications advanced by those who favor the removal of certain political issues from the political process by extending the reach of judicial review. He begins by examining the distrust of politics in a different context, discussing the proposals made by the Progressives for reforming municipal government, as a vehicle to expose the assumptions underlying the current debate. His comparison of the two historical settings reveals many similarities between the Progressives' reform proposals and the contemporary justiflcations.[or the displacement of politics with constitutional law. Dean Sandalow concludes that the distrust of politics rests not …
Constitutional Torts, Christina B. Whitman
Constitutional Torts, Christina B. Whitman
Articles
In this Article, I analyze the significance of the overlap between state tort law remedies and remedies under section 1983. I conclude that the dissatisfaction with section 1983 cannot fairly be attributed to the fact that it has been read to provide a remedy that "supplements" state law. I argue that most of the anxiety over constitutional damage actions under section 1983 can be understood - and resolved - only by focusing on two other questions. The first of these concerns the appropriate reach of the Constitution. Ambivalence about section 1983 reflects, in part, a fear that the federal Constitution …
Accelerated Depreciation Revisited—A Reply To Professor Blum, Douglas A. Kahn
Accelerated Depreciation Revisited—A Reply To Professor Blum, Douglas A. Kahn
Articles
Professor Blum's comment addresses the proper or neutral tax treatment to be accorded three of the items discussed in my recent article on accelerated depreciation - namely, annuities, prepaid expenses, and exhaustible assets. Blum disputes my analysis in all three cases. While Blum's article is eminently readable, I do not believe that it refutes my earlier work to any extent. In this reply to Professor Blum, I will deal separately with each of the three items he examines. First, however, it is useful to consider the meaning of the term "tax neutrality" and to set forth my views as to …
Siting =/= Protection: A Note On Solar Access, Dale Goble
Siting =/= Protection: A Note On Solar Access, Dale Goble
Articles
In assuring solar access, it is necessary to distinguish between siting collectors and protecting their access to sunshine once they have been placed. Siting requires the flexibility to balance potentially competing uses of land; it is best accomplished by zoning and land use planning. Once a collector is sited, however, flexibility must give way to certainty. The necessary certainty cannot be provided by zoning, which conveys no legally enforceable right. It is best accomplished by the recognition of a solar right through a priority-based permit system.
Solar Access And Property Rights: Reply To A Maverick Analysis, Dale Goble
Solar Access And Property Rights: Reply To A Maverick Analysis, Dale Goble
Articles
No abstract provided.
Nondegradation And Visibility Under The Clean Air Act, David P. Currie
Nondegradation And Visibility Under The Clean Air Act, David P. Currie
Articles
No abstract provided.
The Present Situation In Legal Scholarship, Richard A. Posner
The Present Situation In Legal Scholarship, Richard A. Posner
Articles
No abstract provided.
Lawmaking And Public Opinion Research: The President And Patrick Caddell, Hans Zeisel
Lawmaking And Public Opinion Research: The President And Patrick Caddell, Hans Zeisel
Articles
No abstract provided.
Creditors' Remedies As State Action, Julie Roin
Sentencing Reform And Parole Release Guidelines, Albert W. Alschuler
Sentencing Reform And Parole Release Guidelines, Albert W. Alschuler
Articles
Although parole release guidelines have achieved many of the advantages of determinate sentencing, they raise troublesome issues. Subject to important caveats, the author maintains that sentencing guidelines can better be administered by courts than by parole boards. He also maintains that current federal parole guidelines unfairly disregard plea bargained charge reductions, and that the construction of equitable guidelines requires detailed offense-by-offense and situation-by-situation studies that have not yet been undertaken.
Optimal Sentences For White-Collar Criminals, Richard A. Posner
Optimal Sentences For White-Collar Criminals, Richard A. Posner
Articles
Those concerned by the growth of white-collar crime disagree over the choice of a fine or imprisonment as the more appropriate sentence. In this article, Professor Posner argues that a sufficiently large fine is an equally effective deterrent that is cheaper to administer and therefore socially preferable.
The Ethical And Political Basis Of The Efficiency Norm In Common Law Adjudication, Richard A. Posner
The Ethical And Political Basis Of The Efficiency Norm In Common Law Adjudication, Richard A. Posner
Articles
No abstract provided.
Social Investing And The Law Of Trusts, Richard A. Posner, John H. Langbein
Social Investing And The Law Of Trusts, Richard A. Posner, John H. Langbein
Articles
No abstract provided.
Unanimity And Desegregation: Decisionmaking In The Supreme Court, 1948-1958, Dennis J. Hutchinson
Unanimity And Desegregation: Decisionmaking In The Supreme Court, 1948-1958, Dennis J. Hutchinson
Articles
By a process that has been the subject of considerable speculation, the United States Supreme Court reached a unanimous decision in the 1954 cases of Brown v. Board of Education and Bolling v. Sharpe, declaring unconstitutional statutory segregation in public school systems in the states and in the District of Columbia. Using previously unpublished material, Professor Hutchinson traces the rise and fall of unanimity in the segregation cases of the 1950's. The article delineates the Court's internal decisionmaking process and analyzes the role of unanimity in influencing the response of both the Court and the nation to the escalating challenges …
Guardians Of The Constitution, Gerhard Casper
Automobile No-Fault Plans: A Second Look At First Principles, Richard A. Epstein
Automobile No-Fault Plans: A Second Look At First Principles, Richard A. Epstein
Articles
No abstract provided.
The Positive Economic Theory Of Tort Law, Richard A. Posner, William M. Landes
The Positive Economic Theory Of Tort Law, Richard A. Posner, William M. Landes
Articles
No abstract provided.