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Articles 2611 - 2640 of 3915
Full-Text Articles in Entire DC Network
A Response To Professor Benkler, Marci A. Hamilton
A Response To Professor Benkler, Marci A. Hamilton
Articles
Professor Hamilton explores the constitutional complexity uncovered by Professor Benkler in his piece, Constitutional Bounds of Database Protection: The Role of Judicial Review in the Creation and Definition of Private Rights in Information. Specifically, Professor Hamilton highlights that our democratic structure is characterized by representation rather than self-rule. In doing so, she refocuses the role of information in the political process and highlights that different types of information require different levels of access. Professor Hamilton's analysis further illustrates how an imprecise use of terminology may lead to incorrect conclusions regarding information jurisprudence. Through her more refined lens, Professor Hamilton reconsiders …
The Uneasy Case For Devolution Of The Individual Income Tax, Lior Strahilevitz
The Uneasy Case For Devolution Of The Individual Income Tax, Lior Strahilevitz
Articles
No abstract provided.
Book Review (Reviewing Jeremy Waldron, Law And Disagreement (1999)), Richard A. Posner
Book Review (Reviewing Jeremy Waldron, Law And Disagreement (1999)), Richard A. Posner
Articles
In Law and Disagreement, Jeremy Waldron, born and educated in New Zealand and trained in England, mounts a powerful argument in favor of legislation as a legitimate source of authority and correspondingly denigrates the American faith in judicial review. Waldron claims among other things that a legislature's inability to achieve consensus enables legislation to resolve disputes in a way that preserves the dignity and self-respect of losers in the policy struggle. In this Book Review Essay, Judge Posner commends Waldron for his impressive criticisms of the theoretical basis for the American faith in judicial review. At the same time, he …
Book Review (Reviewing Jeremy Waldron, Law And Disagreement (1999)), Richard A. Posner
Book Review (Reviewing Jeremy Waldron, Law And Disagreement (1999)), Richard A. Posner
Articles
No abstract provided.
John Broderick : Irish Novelist In The European Tradition, Eamon Maher
John Broderick : Irish Novelist In The European Tradition, Eamon Maher
Articles
Material reproduced by kind permission of The Month
Kenneth Starr: Diabolically Evil?, Jeanne L. Schroeder, David G. Carlson
Kenneth Starr: Diabolically Evil?, Jeanne L. Schroeder, David G. Carlson
Articles
The article explores the intersection of law, morality, and subjectivity through the lens of Slavoj Žižek's philosophical works, particularly in the context of the impeachment of President Clinton. It argues that the public's negative reaction to the impeachment was rooted in a fear of encountering "diabolical evil," a concept drawn from Kantian philosophy, where law and morality coincide perfectly. This form of evil is more terrifying than ordinary evil because it is committed without pathological motives, purely for the sake of duty.
The Dead End Of Deterrence, And Beyond, Kyron J. Huigens
The Dead End Of Deterrence, And Beyond, Kyron J. Huigens
Articles
No abstract provided.
Breaking The Code Of Silence: Rediscovering "Custom" In Section 1983 Municipal Liability, Myriam E. Gilles
Breaking The Code Of Silence: Rediscovering "Custom" In Section 1983 Municipal Liability, Myriam E. Gilles
Articles
No abstract provided.
College Teachers' Perceptions Of English Language Characteristics That Identify English Language Learning Disabled Deaf Students, Gerald Berent, Vincent Samar, Ila Parasnis
College Teachers' Perceptions Of English Language Characteristics That Identify English Language Learning Disabled Deaf Students, Gerald Berent, Vincent Samar, Ila Parasnis
Articles
Deaf individuals typically experience English language difficulties at all levels of linguistic knowledge. Hearing individuals with English language learning disabilities (LD) can exhibit the same kinds of English language difficulties as deaf individuals. Although the existence of deaf individuals who also have LD has long been recognized, no definite criteria for identifying them exist, partly because of the confounding effects of deafness and LD on English language development. Despite the confound, previous surveys suggest that teachers believe atypical English-language behavior is a potential diagnostic marker for LD in deaf individuals. In the present study, a survey solicited the intuitions of …
A Treatise On Signed And Spoken Language In Early 19th Century Deaf Education In America, Harry Lang, W. Stokoe
A Treatise On Signed And Spoken Language In Early 19th Century Deaf Education In America, Harry Lang, W. Stokoe
Articles
This article introduces a reprint of an 1835 article by Frederick Augustus Porter Barnard entitled, "Existing State of the Art of Instructing the Deaf and Dumb". It reviews Barnard's background and achievements (including 25 years as the president of Columbia College), his familial progressive deafness, and his advanced views on communication methods (he urged use of both sign language and English).
Internet Sexual Predators: Protecting Children In The Global Community, Madeleine M. Plasencia
Internet Sexual Predators: Protecting Children In The Global Community, Madeleine M. Plasencia
Articles
The Internet, serving as the largest network of computers in the world, has provided the horizontal parallax over which all can participate in communication and transaction, education and entertainment4 It also serves a community of participants and beneficiaries whose goals are not always shared or legal. The rise of this advanced technology has led to a new "red light district."
Unlike the physical spaces available for the distribution of pornography and sexual favors for money, the Internet, with its lack of structure, has led to an unimaginable amount of pornography available for any on-line spectator.' Information necessary for consummation of …
Transit Of Straits And Archipelagic Waters By Military Aircraft, Bernard H. Oxman
Transit Of Straits And Archipelagic Waters By Military Aircraft, Bernard H. Oxman
Articles
The UN Convention on the Law of the Sea balances the interests of states in ways that are more refined than the classic summa divisio between the free high seas and territorial waters. The result for aviation is the preservation of freedom of overflight for civil and military aircraft seaward of the territorial sea in the exclusive economic zone as on the high seas beyond, and the right of such aircraft to transit archipelagic waters as well as straits comprised of territorial seas and internal waters. A proper understanding of the scope of these rights and their relationship to the …
On Philosophy And Economics, Cass R. Sunstein
Understanding The Resemblance Between Modern And Traditional Customary International Law, Eric A. Posner, Jack L. Goldsmith
Understanding The Resemblance Between Modern And Traditional Customary International Law, Eric A. Posner, Jack L. Goldsmith
Articles
No abstract provided.
The Adolescent's Stake In The Allocation Of Educational Control Between Parent And State, Emily Buss
The Adolescent's Stake In The Allocation Of Educational Control Between Parent And State, Emily Buss
Articles
Courts policymakers; and scholars have long struggled with the question of how to allocate educational control between parents and the state, particularly where parents' preferences are religiously motivated. While the debate reflects a broad range of viewpoints, these viewpoints share a common blind spot: They focus on the state's interest in imparting certain knowledge and skills; and ignore the state's interest in facilitating interactions among ideologically diverse peers. This Article argues that, particularly for older adolescents, the nature of their peer interactions has a far bigger impact on their development than does the content of their curriculum. Drawing on the …
The Economics Of Tort Law: A Hurried And Partial Overview, Richard A. Epstein
The Economics Of Tort Law: A Hurried And Partial Overview, Richard A. Epstein
Articles
No abstract provided.
Gaps In International Legal Literature What's Wrong With International Law Scholarship, Lyonette Louis-Jacques
Gaps In International Legal Literature What's Wrong With International Law Scholarship, Lyonette Louis-Jacques
Articles
No abstract provided.
The Design And Interpretation Of Contracts: Why Complexity Matters, Eric A. Posner, Karen Eggleston, Richard Zeckhauser
The Design And Interpretation Of Contracts: Why Complexity Matters, Eric A. Posner, Karen Eggleston, Richard Zeckhauser
Articles
No abstract provided.
Savigny, Holmes, And The Law And Economics Of Possession, Richard A. Posner
Savigny, Holmes, And The Law And Economics Of Possession, Richard A. Posner
Articles
No abstract provided.
Past-Dependency, Pragmatism, And Critique Of History In Adjudication And Legal Scholarship, Richard A. Posner
Past-Dependency, Pragmatism, And Critique Of History In Adjudication And Legal Scholarship, Richard A. Posner
Articles
Using Nietzsche's great essay on the uses and disadvantages of history for life as his jumping-off point, Judge Posner examines the utility of the study of history for adjudication and legal scholarship. He argues, following Nietzsche; that the wrong kind of historical study can be very bad for "life " including law, while the right kind-the kind deployed by a pragmatic judge or a policy-oriented legal scholar-may deviate from literal accuracy in the direction of a rhetorical and imaginative narrative of historical events that can be constructively employed in a forward-looking approach to legal problems.
Diffusion And Focus In International Law Scholarship, Diane P. Wood
Diffusion And Focus In International Law Scholarship, Diane P. Wood
Articles
No abstract provided.
Book Review (Reviewing Patrick Wormald, The Making Of English Law: King Alfred To The Twelfth Century (1999)), Richard H. Helmholz
Book Review (Reviewing Patrick Wormald, The Making Of English Law: King Alfred To The Twelfth Century (1999)), Richard H. Helmholz
Articles
No abstract provided.
Vicarious Liability Of Health Plans For Medical Injuries, Richard A. Epstein
Vicarious Liability Of Health Plans For Medical Injuries, Richard A. Epstein
Articles
No abstract provided.
An Analysis Of Jurisdictional Issues Arising From Eastern Enterprises V. Apfel, Richard Henry Seamon
An Analysis Of Jurisdictional Issues Arising From Eastern Enterprises V. Apfel, Richard Henry Seamon
Articles
No abstract provided.
The Modern Law Dean, John A. Miller
University Of Idaho College Of Law Clinical Program, Maureen Laflin
University Of Idaho College Of Law Clinical Program, Maureen Laflin
Articles
No abstract provided.
Strategic Directions In Legal Education For Idaho: The Report Of A Special Panel Appointed By The President Of The University Of Idaho, Donald L. Burnett Jr.
Strategic Directions In Legal Education For Idaho: The Report Of A Special Panel Appointed By The President Of The University Of Idaho, Donald L. Burnett Jr.
Articles
No abstract provided.
Idaho Court Assistance Office Project (Caop) Update, Patrick D. Costello
Idaho Court Assistance Office Project (Caop) Update, Patrick D. Costello
Articles
No abstract provided.
Catalytic Impact Of Information Technology On The New International Financial Architecture, Jane K. Winn
Catalytic Impact Of Information Technology On The New International Financial Architecture, Jane K. Winn
Articles
The sudden emergence of the Internet as a global network threatens to eclipse the importance of the global information infrastructure painstakingly built by financial institutions and their regulators over the past three decades. The open public nature of the Internet threatens the value of the closed proprietary networks developed by financial institutions that now face serious problems in integrating their legacy systems and new Internet systems.
Information system security, once a dreary back office matter, is now central to the success of e-commerce business plans. Before financial institutions can capitalize on their expertise in information system security, they will have …
Contest And Consent: A Legal History Of Marital Rape, Jill Elaine Hasday
Contest And Consent: A Legal History Of Marital Rape, Jill Elaine Hasday
Articles
No abstract provided.