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Articles 2671 - 2700 of 3917
Full-Text Articles in Entire DC Network
Federalism In The Era Of International Standards: Federal And State Government Regulation Of Merchant Vessels In The United States (Part Iv), Craig H. Allen
Federalism In The Era Of International Standards: Federal And State Government Regulation Of Merchant Vessels In The United States (Part Iv), Craig H. Allen
Articles
No abstract provided.
Electronic Records And Signatures Under The Federal E-Sign Legislation And The Ueta, Robert A. Wittie, Jane K. Winn
Electronic Records And Signatures Under The Federal E-Sign Legislation And The Ueta, Robert A. Wittie, Jane K. Winn
Articles
Federal legislation establishing legal parity between electronic records and signatures and their paper and ink counterparts was signed into law June 30, 2000, and became effective, at least for most purposes, on October 1. The Electronic Signatures in Global and National Commerce Act (E-SIGN or the Act) effectively sweeps away a myriad of anachronistic and inconsistent state and federal requirements for paper and ink documents and signatures. In so doing, E-SIGN eliminates many of the legal uncertainties that have surrounded the use of electronic media in commerce and should enable businesses and consumers alike to more fully realize the cost …
Motive Restrictions On Court Access: A First Amendment Challenge, Carol Rice Andrews
Motive Restrictions On Court Access: A First Amendment Challenge, Carol Rice Andrews
Articles
No abstract provided.
Copyright At The Supreme Court: A Jurisprudence Of Deference, Marci A. Hamilton
Copyright At The Supreme Court: A Jurisprudence Of Deference, Marci A. Hamilton
Articles
No abstract provided.
Amatory Jurisprudence And The Querelle Des Lois, Peter Goodrich
Amatory Jurisprudence And The Querelle Des Lois, Peter Goodrich
Articles
It is my view, and here, no doubt, I am pre-empting my conclusion, that what literary and feminist historicism recognizes as the querelle des femmes, the debate as to the status and political role of women, is in fact underpinned and motivated by a much less explicit, yet nonetheless portentous, querelle des lois. The querelle des femmes, in other words, was always a polemic as to the legal status of women, as to their definition and role in theology and jurisprudence, canon and civil law. More than that, however, what the recovery of amatory jurisprudence can help to show is …
Where Is My Body? Stanley Fish's Long Goodbye To Law 2001 Survey Of Books Relating To The Law: Foundations Of Equality, Richard Delgado
Where Is My Body? Stanley Fish's Long Goodbye To Law 2001 Survey Of Books Relating To The Law: Foundations Of Equality, Richard Delgado
Articles
No abstract provided.
Asset Protection Trusts: Trust Law's Race To The Bottom?, Stewart E. Sterk
Asset Protection Trusts: Trust Law's Race To The Bottom?, Stewart E. Sterk
Articles
The article examines the evolution and implications of asset protection trusts, highlighting how their use has expanded beyond high-net-worth individuals to professionals like physicians. It critiques the race among jurisdictions, particularly smaller states such as Alaska and Delaware, to create favorable trust laws, arguing that this competition may lead to inefficient and unfair legal frameworks. The analysis emphasizes the tension between creditor rights and debtor protections, suggesting that without federal intervention or multistate coordination, this race could undermine the balance between these interests, potentially harming the broader economy.
Adr: An Eclectic Array Of Processes, Rather Than One Eclectic Process, Lela P. Love, Kimberlee K. Kovach
Adr: An Eclectic Array Of Processes, Rather Than One Eclectic Process, Lela P. Love, Kimberlee K. Kovach
Articles
When mediators try to resolve a controversy by providing their analysis of the legal – or other – merits, they are providing the service that judges, arbitrators and neutral experts provide. In essence, such endeavors use the neutral’s judgment, award or opinion to determine or jump-start a resolution. This article urges that this add-on activity to mediation should be called by its proper name. The essay highlights the advantages of calling "mediation plus evaluation" a mixed process and discusses the advantages of having an eclectic and diverse mix of processes from which parties and counsel can choose to promote party …
U.S. Constitutional Law--Federal Jurisdiction---Environmental Law--Maritime Law--State Regulation Of Shipping For Pollution--Control Purposes--Federal Preemption United States V. Locke. 120 S.Ct. 1135. Supreme Court Of The United States, March 6, 2000., Patrick O. Gudridge
Articles
No abstract provided.
Reporting The Official Truth: The Revival Of The Fcc's News Distortion Policy, Lili Levi
Reporting The Official Truth: The Revival Of The Fcc's News Distortion Policy, Lili Levi
Articles
No abstract provided.
Constructing Solidarity: Interest And White Workers, Martha R. Mahoney
Constructing Solidarity: Interest And White Workers, Martha R. Mahoney
Articles
No abstract provided.
The "Camouco" (Panamav. France) (Judgment). Itlos Case No. 5. . International Tribunal For The Law Of The Sea, February 7, 2000., Bernard H. Oxman, Vincent P. Bantz
The "Camouco" (Panamav. France) (Judgment). Itlos Case No. 5. . International Tribunal For The Law Of The Sea, February 7, 2000., Bernard H. Oxman, Vincent P. Bantz
Articles
No abstract provided.
From Poor Law To Immigration Law: Changing Visions Of Territorial Community In Antebellum Massachusetts, Kunal Parker
From Poor Law To Immigration Law: Changing Visions Of Territorial Community In Antebellum Massachusetts, Kunal Parker
Articles
No abstract provided.
Dealing With Histories Of Oppression: Black And Jewish Reactions To Passivity And Collaboration In William Styron's Confessions Of Nat Turner And Hannah Arendt's Eichmann In Jerusalem, David Abraham, Kimberly A. Mccoy
Dealing With Histories Of Oppression: Black And Jewish Reactions To Passivity And Collaboration In William Styron's Confessions Of Nat Turner And Hannah Arendt's Eichmann In Jerusalem, David Abraham, Kimberly A. Mccoy
Articles
No abstract provided.
Shifting Power For Battered Women: Law, Material Resources, And Poor Women Of Color, Donna Coker
Shifting Power For Battered Women: Law, Material Resources, And Poor Women Of Color, Donna Coker
Articles
No abstract provided.
The Inevitable Infidelities Of Constitutional Translation: The Case Of The New Deal, John O. Mcginnis
The Inevitable Infidelities Of Constitutional Translation: The Case Of The New Deal, John O. Mcginnis
Articles
No abstract provided.
The Risks Of Adjudicating Vichy, Richard H. Weisberg
The Risks Of Adjudicating Vichy, Richard H. Weisberg
Articles
The article examines the risks and implications of adjudicating Vichy-era officials, focusing on Maurice Papon's trial for crimes against humanity. It highlights how the trial exposed France's complicity in the Holocaust, the role of its legal system in perpetuating anti-Semitic policies, and the challenges of addressing historical injustices decades later.
Religious Practice Bereft Of Faith, Eamon Maher
Religious Practice Bereft Of Faith, Eamon Maher
Articles
Material reproduced by kind permission of Doctrine and Life
The Assault That Failed: The Progressive Critique Of Laissez Faire (Reviewing Barbara H. Fried, The Progressive Assault On Laissez Faire : Robert Hale And The First Law And Economics Movement (1998)), Richard A. Epstein
Articles
No abstract provided.
Bankruptcy's Organizing Principle, David G. Carlson
Franchisor Liability For The Torts Of Its Franchisees: The Case For Substituting Liability As A Guarantor For The Current Vicarious Liability, John L. Hanks
Articles
The author reviews the justifications for applying the law of vicarious liability in the franchising context and concludes that its application is often inefficient and arbitrary. He argues that the employee-independent contractor dichotomy used by courts to determine franchisor liability is not well-suited to franchising, where the relationship encompasses both concepts. He proposes that vicarious liability not be applied in the franchising context. Instead, the courts by case law or state legislatures by statute should impose a guarantor status on franchisors that would expose them to liability for the torts of the franchisees only if the franchisee was unavailable to …
Impeachment: The Structural Understanding, John O. Mcginnis
Impeachment: The Structural Understanding, John O. Mcginnis
Articles
No abstract provided.
Love, Loss Of Faith, And Kate O'Brien, Eamon Maher
Love, Loss Of Faith, And Kate O'Brien, Eamon Maher
Articles
Material reproduced by kind permission of Doctrine and Life
Ninth Circuit Praises Work Of Appellate Clinic Interns, Maureen Laflin
Ninth Circuit Praises Work Of Appellate Clinic Interns, Maureen Laflin
Articles
No abstract provided.
The Missing Pieces Of The Debate Over Federal Property Rights Legislation, Richard Henry Seamon
The Missing Pieces Of The Debate Over Federal Property Rights Legislation, Richard Henry Seamon
Articles
No abstract provided.
Property Rights Claims Of Indigenous Populations: The View From The Common Law, Richard A. Epstein
Property Rights Claims Of Indigenous Populations: The View From The Common Law, Richard A. Epstein
Articles
No abstract provided.
Social And Economic Rights - Lessons From South Africa New Developments In World Constitutionalism, Cass R. Sunstein
Social And Economic Rights - Lessons From South Africa New Developments In World Constitutionalism, Cass R. Sunstein
Articles
No abstract provided.
Pinochet And International Human Rights Litigation, Jack L. Goldsmith, Curtis A. Bradley
Pinochet And International Human Rights Litigation, Jack L. Goldsmith, Curtis A. Bradley
Articles
No abstract provided.
Positivism, Formalism, Realism, Brian Leiter
Positivism, Formalism, Realism, Brian Leiter
Articles
In Legal Positivism in American Jurisprudence, Anthony Sebok traces the historical and philosophical relationship between legal positivism and the dominant schools of American jurisprudence: Formalism, Realism, Legal Process, and Fundamental Rights. Sebok argues that formalism followed from the central tenets of Classical Positivism, and that both schools of thought were discredited-through misunderstandings-during the Realist period. Positivism's essential tenets were reasserted by Legal Process scholars, though soon thereafter misappropriated by politically conservative theorists. In the concluding chapters of the book, Sebok argues that the recent theory known as "Soft" Positivism or "Incorporationism" holds out the possibility of redeeming the liberal political …
Controlling The Costs Of Alternative Medicine, Lior Strahilevitz
Controlling The Costs Of Alternative Medicine, Lior Strahilevitz
Articles
No abstract provided.