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Articles 2401 - 2430 of 3915
Full-Text Articles in Entire DC Network
No Provincial Or Transient Notion: The Need For A Mistake Of Age Defense In Child Rape Prosecutions, Jarrod F. Reich
No Provincial Or Transient Notion: The Need For A Mistake Of Age Defense In Child Rape Prosecutions, Jarrod F. Reich
Articles
No abstract provided.
Epistemology Legalized: Or, Truth, Justice, And The American Way, Susan Haack
Epistemology Legalized: Or, Truth, Justice, And The American Way, Susan Haack
Articles
No abstract provided.
A Positive Right To Protection For Children, Tamar Ezer
A Positive Right To Protection For Children, Tamar Ezer
Articles
Concepts that are useful in other areas of human rights break down in the context of children. Because children are dependent on adults for their development, they are an anomaly in the liberal legal order, which views negative rights as implying fully rational, autonomous individuals that can exercise free choice. This Article argues for a positive right to protection for children, rooted in dignity, by probing the problematic nature of the positive/negative rights duality and exploring alternate legal approaches to protecting children 's rights in both international and comparative law. The adoption of positive rights for children would help assure …
Delivery Of Legal Services To Children In The Boston Area, Tamar Ezer
Delivery Of Legal Services To Children In The Boston Area, Tamar Ezer
Articles
No abstract provided.
The Inevitable Failure Of Nuisance-Based Theories Of The Takings Clause: A Reply To Professor Claeys, Stewart E. Sterk
The Inevitable Failure Of Nuisance-Based Theories Of The Takings Clause: A Reply To Professor Claeys, Stewart E. Sterk
Articles
Rejecting the proposition (advanced by Professor Eric Claeys) that the Rehnquist Court's conservatives have missed an opportunity to transform takings law, this commentary demonstrates that a nuisance-based theory cannot provide a comprehensive basis for takings clause jurisprudence. The commentary further establishes that no plausible vision of originalism supports a nuisance based theory, and concludes by arguing that judicial scrutiny of state and local land use practices is less deferential than it was at the inception of the Rehnquist Court.
Religious Institutions, The No-Harm Doctrine, And The Public Good, Marci A. Hamilton
Religious Institutions, The No-Harm Doctrine, And The Public Good, Marci A. Hamilton
Articles
No abstract provided.
Direct Democracy And The Protestant Ethic, Marci A. Hamilton
Direct Democracy And The Protestant Ethic, Marci A. Hamilton
Articles
No abstract provided.
Teaching Ethics/Doing Justice, Anthony V. Alfieri
Virtual Worlds, Real Rules, Caroline Bradley, A. Michael Froomkin
Virtual Worlds, Real Rules, Caroline Bradley, A. Michael Froomkin
Articles
No abstract provided.
Pari Passu And A Distressed Sovereign's Rational Choices, William Wilson Bratton
Pari Passu And A Distressed Sovereign's Rational Choices, William Wilson Bratton
Articles
No abstract provided.
Information Production And Rent-Seeking In Law School Administration: Rules And Discretion, Stewart E. Sterk
Information Production And Rent-Seeking In Law School Administration: Rules And Discretion, Stewart E. Sterk
Articles
No abstract provided.
Mature Students - An Examination Of Dit’S Policy And Practice, Dáire Mag Cuill
Mature Students - An Examination Of Dit’S Policy And Practice, Dáire Mag Cuill
Articles
This paper examines the current position of mature students in the Technological University Dublin, the largest third-level institute in Ireland. It also deals with the treatment of mature applicants, and the position of mature students in the Republic of Ireland in general. The focus of the paper is on equity issues, and in all discussions of equity the underpinning principle is equality of opportunity. Where places on a third-level course are limited, for example, all applicants must be treated equally and the places allocated in a ‘fair’ manner. This does not mean that one cannot discriminate in the true sense …
To Catch A Thief: What To Do With Plagiarists In The Language, Literature Or Culture Classroom, Sue Norton
To Catch A Thief: What To Do With Plagiarists In The Language, Literature Or Culture Classroom, Sue Norton
Articles
This paper looks at why students in Higher Education, particularly in language, literature and culture couses, plagiarise. It considers some of the ways assessors respond.
War And The Death Of Innocence, Eamon Maher
War And The Death Of Innocence, Eamon Maher
Articles
Material reproduced by kind permission of Doctrine and Life
Effective Hourly Rates Of Contingency-Fee Lawyers: Competing Data And Non-Competitive Fees, Lester Brickman
Effective Hourly Rates Of Contingency-Fee Lawyers: Competing Data And Non-Competitive Fees, Lester Brickman
Articles
The article critically examines the impact of contingency fees on the tort system, arguing that these fees have risen significantly over the past few decades without a corresponding increase in risk, leading to exploitative practices that harm clients and drive up costs. The author challenges Herbert Kritzer's research on contingency fees, asserting that Kritzer's data underestimates the true earnings of specialized contingency-fee lawyers and fails to represent national trends accurately. The article advocates for reforms to align contingency fees more closely with the actual risk and effort involved in cases, ensuring fairness for clients and reducing systemic inefficiencies.
Of World Music And Sovereign States, Professors And The Formation Of Legal Norms, Justin Hughes
Of World Music And Sovereign States, Professors And The Formation Of Legal Norms, Justin Hughes
Articles
No abstract provided.
Dignity And Desert In Punishment Theory, Kyron J. Huigens
Dignity And Desert In Punishment Theory, Kyron J. Huigens
Articles
No abstract provided.
The Laconomics Of Apples And Oranges: A Speculative Analysis Of The Economic Concept Of Commensurability, Jeanne L. Schroeder
The Laconomics Of Apples And Oranges: A Speculative Analysis Of The Economic Concept Of Commensurability, Jeanne L. Schroeder
Articles
The article challenges the commensurability debate, arguing that the opposition between commensurability and incommensurability is not a resolvable conflict but a necessary paradox rooted in human subjectivity and symbolic thought. Drawing on the philosophical traditions of Kant, Hegel, and Lacan, the analysis posits that both quantitative and qualitative aspects are essential in legal and economic decision-making, emphasizing the need to manage rather than resolve this paradox. The speculative approach suggests that rationality involves acknowledging and navigating this duality, rather than adhering to one side of the debate.
Just Do It!: Title Ix As A Threat To University Autonomy, Richard A. Epstein
Just Do It!: Title Ix As A Threat To University Autonomy, Richard A. Epstein
Articles
No abstract provided.
Glenn Murcutt, Noel Brady
Glenn Murcutt, Noel Brady
Articles
Interview with Architect Glenn Murcutt from Australia, as part of masterclass studio at DIT.
Children's Understanding Of Television Advertising Intent, Margaret-Anne Lawlor, Andrea Prothero
Children's Understanding Of Television Advertising Intent, Margaret-Anne Lawlor, Andrea Prothero
Articles
Over the last three decades, a substantial body of research has accumulated seeking to address how exactly advertising, and in particular, telelvision advertising, influences children. Yet, given the diversity of methodologies used and the findings presented, it has been suggested that a common consensus on how exactly advertising affects children has not been reached. This paper presents a brief overview of the literature addressing chidlren's understanding of advertising with a view to identifying the contributions to date in this area and the accompanying gaps, omissions and under-resesearched perspectives. Findings are then presented from an exploratory study of eight and nine …
Partnerships And Facilitation: Mediators Develop New Skills For Complex Cases, Lela P. Love, Joseph B. Stulberg
Partnerships And Facilitation: Mediators Develop New Skills For Complex Cases, Lela P. Love, Joseph B. Stulberg
Articles
No abstract provided.
Law's Non-Existent Empire, Jeanne L. Schroeder, David G. Carlson
Law's Non-Existent Empire, Jeanne L. Schroeder, David G. Carlson
Articles
The article critiques Pierre Schlag's normative legal thought, arguing that while his descriptive critique of law as a fiction is accurate, his normative proposal to abolish law is contradictory and flawed. By incorporating Lacanian psychoanalysis, the authors contend that law, as part of the symbolic order, is constitutive of subjectivity and cannot be abolished. They propose that legal scholarship should instead focus on exposing law's role in shaping subjectivity rather than seeking to eliminate it. The analysis emphasizes that law, like language, is an intersubjective system sustained by collective belief, despite lacking a concrete foundation.
Pierre The Anomalist: An Epistemology Of The Legal Closet, Peter Goodrich
Pierre The Anomalist: An Epistemology Of The Legal Closet, Peter Goodrich
Articles
The article examines Pierre Schlag's radical critique of legal reason and the legal academy, which challenges the profession's reliance on abstract norms and universal truths. Schlag's work, often met with hostility, exposes the material and emotional underpinnings of legal discourse, particularly the fear of losing control and status tied to the academy's faith in reason. His critique is situated within broader philosophical traditions that question the limits of reason and the importance of creativity in legal thought. The article also explores how Schlag's ideas intersect with other scholars' work, such as Reginald Leamon Robinson's analysis of legal narrative and identity, …
The Internet And The Persistence Of Law, Justin Hughes
The Internet And The Persistence Of Law, Justin Hughes
Articles
Since legal commentators first confronted cyberspace, three broad stories have emerged to describe the interrelation of law and the Internet: the "no-law Internet," the "Internet as a separate jurisdiction," and Internet law as "translation" of familiar legal concepts. This Article reviews these stories, focusing on how ongoing "translation" is giving way to a growing convergence in Internet law. The Article makes the case for convergence among legal responses to cyberspace and proposes a basic taxonomy for different models of convergence. With this taxonomy, the Article examines the ways in which convergence is occurring, as well as its effects on both …
A Sense Of The Spiritual : Spirituality In John Mcgahern's ''That They May Face The Rising Sun'', Eamon Maher
A Sense Of The Spiritual : Spirituality In John Mcgahern's ''That They May Face The Rising Sun'', Eamon Maher
Articles
Material reproduced by kind permission of Reality
Patenting Genome Research Tools And The Law., Rebecca S. Eisenberg
Patenting Genome Research Tools And The Law., Rebecca S. Eisenberg
Articles
Patenting genes encoding therapeutic proteins was relatively uncontroversial in the early days of biotechnology. Controversy arose in the era of high-throughput DNA sequencing, when gene patents started to look less like patents on drugs and more like patents on scientific information. Evolving scientific and business strategies for exploiting genomic information raised concerns that patents might slow subsequent research. The trend towards stricter enforcement of the utility and disclosure requirements by the patent offices should help clarify the current confusion.
An Introduction To The Life And Works Of Jean Sulivan (1913-1980), Eamon Maher
An Introduction To The Life And Works Of Jean Sulivan (1913-1980), Eamon Maher
Articles
No abstract provided.
Symbols, Practices And Myth-Making: Cultural Perspectives On The Wexford Festival Opera, Bernadette Quinn
Symbols, Practices And Myth-Making: Cultural Perspectives On The Wexford Festival Opera, Bernadette Quinn
Articles
In recent decades geographers have paid increasing attention to festivals. They have construed festivals as important practices through which people connect with their place and as authored landscapes designed to promote particular sets of values and attach specific meanings to place. Tourism influences the processes and dynamics ongoing in festival settings and this paper seeks to unravel some of the complex ways in which it influences the reproduction of cultural meanings there. It draws on research conducted on the Wexford Festival Opera in the Republic of Ireland and analyses the symbolism, practices and meanings found to be associated with the …
Credos Tribute, Dennis J. Hutchinson