Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law (2790)
- Social and Behavioral Sciences (216)
- Arts and Humanities (208)
- Comparative and Foreign Law (165)
- Constitutional Law (150)
-
- Courts (138)
- Law and Society (127)
- Legal History (122)
- Medicine and Health Sciences (122)
- Jurisprudence (119)
- Legal Education (101)
- Criminal Procedure (98)
- Education (98)
- International Law (98)
- Supreme Court of the United States (98)
- Intellectual Property Law (92)
- Legal Profession (90)
- Criminal Law (87)
- Physical Sciences and Mathematics (86)
- Engineering (80)
- State and Local Government Law (80)
- Business (77)
- Legislation (76)
- Common Law (67)
- Evidence (62)
- Contracts (61)
- Human Rights Law (60)
- Legal Writing and Research (58)
- Torts (58)
- Religion (54)
- Institution
-
- University of Chicago Law School (985)
- Technological University Dublin (677)
- University of Michigan Law School (630)
- University of Miami Law School (320)
- Yeshiva University, Cardozo School of Law (263)
-
- University of Minnesota Law School (245)
- University of Washington School of Law (234)
- University of Alabama School of Law (216)
- Rochester Institute of Technology (132)
- UIdaho Law (83)
- Southern Illinois University Carbondale (38)
- Mercer University School of Law (30)
- National Law School of India University (11)
- University of Baltimore Law (11)
- Butler University (9)
- Corewell Health (7)
- Liberty University (5)
- UAlaska System (5)
- WellBeing International (3)
- World Maritime University (3)
- CentraCare Health (2)
- Southwestern Oklahoma State University (2)
- Fordham Law School (1)
- Loyola Marymount University and Loyola Law School (1)
- Munster Technological University (1)
- Rhode Island School of Design (1)
- Keyword
-
- Ireland (83)
- United States Supreme Court (74)
- History (61)
- England (55)
- Law reform (52)
-
- State courts (48)
- Lawyers (41)
- Language (40)
- Religion (40)
- Property (37)
- Catholic (34)
- Children (30)
- Trials (29)
- Corporations (28)
- Law schools (28)
- University of Michigan Law School (28)
- China (25)
- Damages (25)
- Law professors (25)
- Treaties (24)
- Constitution (23)
- Curriculum (23)
- Jurisprudence (23)
- Law students (23)
- Sixth Amendment (23)
- Testimony (23)
- Authority (22)
- Witnesses (22)
- Constitutional Law (20)
- Copyright (20)
- Publication Year
- Publication Type
Articles 1951 - 1980 of 3915
Full-Text Articles in Entire DC Network
A Reader's Companion To Against Prediction: A Reply To Ariela Gross, Yoram Margalioth, And Yoav Sapir On Economic Modeling, Selective Incapacitation, Governmentality, And Race, Bernard E. Harcourt
A Reader's Companion To Against Prediction: A Reply To Ariela Gross, Yoram Margalioth, And Yoav Sapir On Economic Modeling, Selective Incapacitation, Governmentality, And Race, Bernard E. Harcourt
Articles
From parole prediction instruments and violent sexual predator scores to racial profiling on the highways, instruments to predict future dangerousness, drug-courier profiles, and IRS computer algorithms to detect tax evaders, the rise of actuarial methods in the field of crime and punishment presents a number of challenging issues at the intersection of economic theory, sociology, history, race studies, criminology, social theory, and law. The three review articles of Against Prediction: Profiling, Policing, and Punishing in an Actuarial Age by Ariela Gross, Yoram Margalioth, and Yoav Sapir, raise these challenges in their very best light. Ranging from the heights of poststructuralist …
Originalism's Expiration Date, Adam M. Samaha
Originalism's Expiration Date, Adam M. Samaha
Articles
The Constitution of the United States declares itself supreme law, but even the amended document is ancient. By 2008, the predicted age of a randomly selected word in this text reached 178 years. The judiciary, for its part, might not interpret the text until decades after ratification. For Article V amendments, the average lag between ratification and Supreme Court interpretation has been about 40 years. The question is how these features of our supreme law might influence the choice of interpretive method and, ultimately, constitutional decision-making. In particular, some scholars indicate that originalism may be a strong force in adjudication …
The Decline Of Literary Criticism, Richard A. Posner
The Holmesian Bad Man's First Critic, Douglas G. Baird
Feminist Fundamentalism On The Frontier Between Government And Family Responsibility For Children, Mary Anne Case
Feminist Fundamentalism On The Frontier Between Government And Family Responsibility For Children, Mary Anne Case
Articles
No abstract provided.
Federal Preemption, And Federal Common Law, In Nuisance Cases, Richard A. Epstein
Federal Preemption, And Federal Common Law, In Nuisance Cases, Richard A. Epstein
Articles
No abstract provided.
A Structural Interpretation Of The Second Amendment: Why Heller Is (Probably) Wrong On Originalist Grounds, Richard A. Epstein
A Structural Interpretation Of The Second Amendment: Why Heller Is (Probably) Wrong On Originalist Grounds, Richard A. Epstein
Articles
No abstract provided.
Human Welfare, Not Human Rights, Eric A. Posner
Human Welfare, Not Human Rights, Eric A. Posner
Articles
Human rights treaties play an important role in international relations but they lack a foundation in moral philosophy and doubts have been raised about their effectiveness for constraining states. Drawing on ideas from the literature on economic development, this Essay argues that international concern should be focused on human welfare rather than on human rights. A focus on welfare has three advantages. First, the proposition that governments should advance the welfare of their populations enjoys broader international and philosophical support than do the various rights incorporated in the human rights treaties. Second, the human rights treaties are both too rigid …
Property Rights, Public Use, And The Perfect Storm: An Essay In Honor Of Bernard H. Siegan, Richard A. Epstein
Property Rights, Public Use, And The Perfect Storm: An Essay In Honor Of Bernard H. Siegan, Richard A. Epstein
Articles
No abstract provided.
On The Origin Of Rules (With Apologies To Darwin): A Comment On Antonin Scalia's The Rule Of Law As A Law Of Rules, David A. Strauss
On The Origin Of Rules (With Apologies To Darwin): A Comment On Antonin Scalia's The Rule Of Law As A Law Of Rules, David A. Strauss
Articles
No abstract provided.
The Judgment Power, William Baude
The Judgment Power, William Baude
Articles
When an Article III court decides a case, and the President disagrees with the outcome, what can he do about it? Existing scholarship generally takes two views. Some scholars argue that the President has general authority to review these judgments on their merits and decide whether to enforce them. Others believe that the President has an unqualified duty to obey court judgments no matter what. This Article challenges both of those views. Drawing on conventional constitutional history as well as the private law of judgments, this Article defends a new view of the Judiciary’s “Judgment Power.” Judgments are binding on …
The State Of Legal Scholarship Today: A Comment On Schlag, Richard A. Posner
The State Of Legal Scholarship Today: A Comment On Schlag, Richard A. Posner
Articles
No abstract provided.
What's Wrong With International Law Scholarship?: Gaps In International Legal Literature, Lyonette Louis-Jacques
What's Wrong With International Law Scholarship?: Gaps In International Legal Literature, Lyonette Louis-Jacques
Articles
No abstract provided.
Studying The Exclusionary Rule: An Empirical Classic, Albert Alschuler
Studying The Exclusionary Rule: An Empirical Classic, Albert Alschuler
Articles
No abstract provided.
Why The Modern Administrative State Is Inconsistent With The Rule Of Law, Richard A. Epstein
Why The Modern Administrative State Is Inconsistent With The Rule Of Law, Richard A. Epstein
Articles
No abstract provided.
The Reflections And Responses Of A Legal Contrarian, Richard A. Epstein
The Reflections And Responses Of A Legal Contrarian, Richard A. Epstein
Articles
No abstract provided.
The Comparative Law And Economics Of Judicial Councils, Tom Ginsburg, Nuno Garoupa
The Comparative Law And Economics Of Judicial Councils, Tom Ginsburg, Nuno Garoupa
Articles
No abstract provided.
The Intent-To-Benefit: Individually Enforceable Rights Under International Treaties, Sital Kalantry
The Intent-To-Benefit: Individually Enforceable Rights Under International Treaties, Sital Kalantry
Articles
Citizens of foreign countries are increasingly using international treaties to assert claims against Federal and state governments. As a result, U.S. courts are being asked to determine whether treaties provide litigants with individually enforceable rights. Although courts have no consistent approach to determining whether a treaty gives rise to individually enforceable rights, they often apply the textualist methodology derived from statutory interpretation. However, instead of using textual theories of statutory interpretation, I argue that courts should use intentionalist theories developed from contract interpretation in determining individually enforceable rights under treaties. Two positive arguments and one negative argument support my approach. …
An Object-Oriented Natural Language Expert System, Kenneth Staffan, Henry Etlinger
An Object-Oriented Natural Language Expert System, Kenneth Staffan, Henry Etlinger
Articles
This paper highlights the design and implementation of a prototype object-oriented Intelligent Tutoring System (ITS). There were two main goals for the prototype. One was to create a small tutoring system which fit into the niche of current commercially available systems, while exhibiting some of the more intelligent features found in larger custom systems. The other was to experiment with an object-oriented model, design approach, and implementation for such a system. A masking technique for pattern matching is one of the key paradigms driving the intelligent diagnosis. The prototype provides a means for practicing sentence construction, by checking a student's …
What Influences Salary: A Study Of Mis Faculty Job Offers, M. Pamela Neely, Thomas Tribunella, Zhi Tang, Clyde Eiríkur Hull
What Influences Salary: A Study Of Mis Faculty Job Offers, M. Pamela Neely, Thomas Tribunella, Zhi Tang, Clyde Eiríkur Hull
Articles
What matters when you’re negotiating a job offer? We address this and other questions using data from the Association for Information Systems (AIS) Salary Surveys on compensation, rank, publication data, and similar data associated with MIS Faculty job offers. Our study has three primary findings. First, school and individual factors influence the position and salary offered, but individual factors have a stronger impact. Second, we find the position (i.e., associate/assistant professor and teaching load) offered by schools partially mediates the relationship between school and individual factors and the starting salary. Third, the direct impact of individual factors is also influenced …
Property And Probable Cause: The Fourth Amendment's Principled Protection Of Privacy, Ricardo J. Bascuas
Property And Probable Cause: The Fourth Amendment's Principled Protection Of Privacy, Ricardo J. Bascuas
Articles
No abstract provided.
Does Red Lion Still Roar?, Cass R. Sunstein
The Many Faces Of Fault In Contract Law: Or How To Do Economics Right, Without Really Trying, Richard A. Epstein
The Many Faces Of Fault In Contract Law: Or How To Do Economics Right, Without Really Trying, Richard A. Epstein
Articles
Modern law often rests on the assumption that a uniform cost-benefit formula is the proper way to determine fault in ordinary contract disputes. This Article disputes that vision by defending the view that different standards of fault are appropriate in different contexts. The central distinction is one that holds parties in gratuitous transactions only to the standard of care that they bring to their own affairs, while insisting on the higher objective standard of ordinary care in commercial transactions. That bifurcation leads to efficient searches. Persons who hold themselves out in particular lines of business in effect warrant their ability …
Demystifying The Right To Exclude: Of Property, Inviolability, And Automatic Injunctions, Shyam Balganesh
Demystifying The Right To Exclude: Of Property, Inviolability, And Automatic Injunctions, Shyam Balganesh
Articles
The right to exclude has long been considered a central component of property. In focusing on the element of exclusion, courts and scholars have paid little attention to what an owner's right to exclude means and the forms in which this right might manifest itself in actual property practice. For some time now, the right to exclude has come to be understood as nothing but an entitlement to injunctive relief- that whenever an owner successfully establishes title and an interference with the same, an injunction will automatically follow. Such a view attributes to the right a distinctively consequentialist meaning, which …
The Concept Of International Delegation, Curtis A. Bradley, Judith G. Kelley
The Concept Of International Delegation, Curtis A. Bradley, Judith G. Kelley
Articles
No abstract provided.
Limiting Excessive Prison Sentences Under Federal And State Constitutions, Richard Frase
Limiting Excessive Prison Sentences Under Federal And State Constitutions, Richard Frase
Articles
No abstract provided.
Learning The Law By Avoiding It In The Process: And Learning From The Students What They Don't Get In Law School, Charles A. Cox Sr., Maury S. Landsman
Learning The Law By Avoiding It In The Process: And Learning From The Students What They Don't Get In Law School, Charles A. Cox Sr., Maury S. Landsman
Articles
And it was.' But it is also a seminar that is in its seventh year at the University of Minnesota Law School. It has been oversubscribed by as much as 300 per- cent. Students have described the course as "A must," "A course I will remember long afterIhaveforgottenmostofthesubstantivecourses,"and "Temendouslyhelpful,itshouldbe required." A student headed for Wall Street and no shrinking violet when finding problems with the course, said "Exposure to this kind of thinking moved me two years ahead as a lawyer."
Within The Grasp Of The Cat's Paw: Delineating The Scope Of Subordinate Bias Liability Under Federal Anti-Discrimination Statutes, Stephen F. Befort, Alison Olig
Within The Grasp Of The Cat's Paw: Delineating The Scope Of Subordinate Bias Liability Under Federal Anti-Discrimination Statutes, Stephen F. Befort, Alison Olig
Articles
Federal antidiscrimination statutes generally ban adverse employment actions taken because of certain specified traits or characteristics. Under the Civil Rights Act of 1964, Title VII, for example, an employer is prohibited from discriminating "because of" an individual's "race, color, religion, sex, or national origin." 1 The Age Discrimination in Employment Act of 1967 (ADEA) uses similar language in banning discrimination "against any individual ... because of such individual's age." 2 And, while the antidiscrimination formula utilized by the Americans with Disabilities Act of 1990 (ADA) is more complicated than either Title VII or the ADEA, it too prohibits discrimination "against …
Learning From The Limitations Of Deterrence Research, Michael Tonry
Learning From The Limitations Of Deterrence Research, Michael Tonry
Articles
No abstract provided.
Across Curricular Boundaries: Searching For A Confluence Between Marital Agreements And Indian Land Transactions, Judith T. Younger
Across Curricular Boundaries: Searching For A Confluence Between Marital Agreements And Indian Land Transactions, Judith T. Younger
Articles
No abstract provided.