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Articles 2761 - 2790 of 3913
Full-Text Articles in Entire DC Network
Introduction: Adding A Comparative Perspective To American Criminal Procedure Classes, Albert Alschuler
Introduction: Adding A Comparative Perspective To American Criminal Procedure Classes, Albert Alschuler
Articles
No abstract provided.
Placing Shame In Context: A Response To Thomas Scheff On Community Conferences And Therapeutic Jurisprudence, Bernard E. Harcourt
Placing Shame In Context: A Response To Thomas Scheff On Community Conferences And Therapeutic Jurisprudence, Bernard E. Harcourt
Articles
No abstract provided.
Realism And Formalism In The Severance Of Joint Tenancies, Richard H. Helmholz
Realism And Formalism In The Severance Of Joint Tenancies, Richard H. Helmholz
Articles
No abstract provided.
The Race To Innocence: Confronting Hierarchical Relations Among Women, Mary Louise Fellows, Sherene Razack
The Race To Innocence: Confronting Hierarchical Relations Among Women, Mary Louise Fellows, Sherene Razack
Articles
No abstract provided.
Article 2b As Legal Software For Electronic Contracting-Operating System Or Trojan Horse?, A. Michael Froomkin
Article 2b As Legal Software For Electronic Contracting-Operating System Or Trojan Horse?, A. Michael Froomkin
Articles
The proposed draft of Article 2B of the Uniform Commercial Code can be thought of as akin to a complex computer software suite which seeks to dominate a market by offering all things to all people. The author suggests, however, that Article 2B's electronic contracting rules interoperate poorly with existing digital signature laws, and with some forms of electronic commerce. The author also questions whether Article 2B is the proper means to enact controversial rules that ordinarily would make consumers liable for fraudulent uses of their digital signatures by third parties. After considering Article 2B's potential interaction with existing digital …
Sexual Dis-Orientation: Transgendered People And Same-Sex Marriage, Mary I. Coombs
Sexual Dis-Orientation: Transgendered People And Same-Sex Marriage, Mary I. Coombs
Articles
In this Article, Professor Coombs argues that the debate about same-sex marriage has wrongfully ignored transgendered people and their relationships. She provides an overview of arguments made by opponents of same-sex marriage, such as tradition, procreation, child-rearing, and family values. She then examines cases involving transsexual marriages and uses this analysis to deconstruct the same-sex marriage debate. Professor Coombs argues that an honest consideration of transgendered people and their relationships forces a re-evaluation of arguments against same-sex marriage and disrupts the gendered patriarchy on which traditional marriage rests. Marriage should be seen as a relationship between two people, regardless of …
Impeaching The President Essay, Cass R. Sunstein
The Internet And The Abiding Significance Of Territorial Sovereignty, Jack L. Goldsmith
The Internet And The Abiding Significance Of Territorial Sovereignty, Jack L. Goldsmith
Articles
No abstract provided.
Against Cyberanarchy, Jack L. Goldsmith
Federalism And The Family Reconstructed, Jill Elaine Hasday
Federalism And The Family Reconstructed, Jill Elaine Hasday
Articles
No abstract provided.
Federalism And The Family Reconstructed, Jill Elaine Hasday
Federalism And The Family Reconstructed, Jill Elaine Hasday
Articles
No abstract provided.
At The End Of Palsgraf, There Is Chaos: An Assessment Of Proximate Cause In Light Of Chaos Theory, Edward S. Adams, Gordon B. Brumwell, James A. Glazier
At The End Of Palsgraf, There Is Chaos: An Assessment Of Proximate Cause In Light Of Chaos Theory, Edward S. Adams, Gordon B. Brumwell, James A. Glazier
Articles
Palsgraf articulated the doctrine of proximate cause, necessary to prove the tort of negligence. Palsgraf needs to be reexamined in light of today's understanding of cause and effect. The case concerned a woman (Mrs. Palsgraf) standing on a train platform who was injured by a roof tile that fell as the result of the vibrations caused by the explosion of another passenger's package. Mrs. Palsgraf sued the railway for negligence and prevailed at the trial court level. The New York Court of Appeals reversed the trial court, however, holding that the railway company's actions were not the proximate cause of …
Constructing A Jury That Is Both Impartial And Representative: Utilizing Cumulative Voting In Jury Selection, Edward S. Adams, Christian J. Lane
Constructing A Jury That Is Both Impartial And Representative: Utilizing Cumulative Voting In Jury Selection, Edward S. Adams, Christian J. Lane
Articles
One of the main and ongoing problems plaguing the American jury system has been ensuring that juries in civil and criminal trials are truly representative of the communities in which they serve. Historically, minorities have been disproportionately excluded from jury service. This shortfall results from a combination of factors at each stage of the juror identification process. At the jury pool stage, juror notification methods often fail to identify or reach minorities for tie simple reason that minorities generally are poorer and more transient. At the venire stage, those minorities who actually receive notification report to the courthouse at a …
Intermediate Sanctions In Sentencing Guidelines, Michael Tonry
Intermediate Sanctions In Sentencing Guidelines, Michael Tonry
Articles
No abstract provided.
The Stein Years--A Time Of Advancement And Prosperity, Edward S. Adams
The Stein Years--A Time Of Advancement And Prosperity, Edward S. Adams
Articles
When the seven-year administrationof the school's sixth dean,CarlA Auerbach,ended,thenewLawSchoolbuildinghad become a reality, and Dean Auerbach's principal goal was achieved. As Auerbachpassedthe torchto RobertA Stein, how- ever, he did so amid controversy and widespreadfrustration at the Law School with the legislatureregardingbudgets and class size. Stein,atageforty,wasyoung,energetic,andableto achieve the balanceofwhatDeanAuerbach termed "scholarlyattainment with administrativesavvy." As Stein ascended to the ranks of what he describedas "thebest law school deanshipopportunity in the country,"' he was unanimously viewed as an "extremely ener- getic, enthusiasticand responsive man. 2 Chosen because he was perceived by both faculty members and administratorsalike as an open, easygoingperson who was able to …
Main-Streaming Comparative Criminal Justice: How To Incorporate Comparative And International Concepts And Materials Into Basic Criminal Law And Procedure Courses, Richard Frase
Articles
No abstract provided.
Rocking The Tax Code: A Case Study Of Employment-Related Child-Care Expenditures, Mary Louise Fellows
Rocking The Tax Code: A Case Study Of Employment-Related Child-Care Expenditures, Mary Louise Fellows
Articles
No abstract provided.
The Empire Strikes Back, A. Michael Froomkin
Reflections On Teaching In Chile, Janet Stearns
Out Of The Shadow: Marking Intersections In And Between Asian Pacific American Critical Legal Scholarship And Latina/O Critical Legal Theory, Elizabeth M. Iglesias
Out Of The Shadow: Marking Intersections In And Between Asian Pacific American Critical Legal Scholarship And Latina/O Critical Legal Theory, Elizabeth M. Iglesias
Articles
No abstract provided.
Is American Law Inherently Racist Krinock Lecture Series, Richard Delgado, Daniel A. Farber
Is American Law Inherently Racist Krinock Lecture Series, Richard Delgado, Daniel A. Farber
Articles
No abstract provided.
Canon, Anti-Canon, And Judicial Dissent, Richard Primus
Canon, Anti-Canon, And Judicial Dissent, Richard Primus
Articles
Several legal theorists have recently explored the idea that constitutional law has a canon, a set of greatly authoritative texts that above all others shape the nature and development of constitutional law. In a piece published earlier this year in the Harvard Law Review, Jack Balkin and Sanford Levinson enter that discussion and argue that the constitutional canon has heretofore laid too much emphasis on court cases in general and on opinions of the Supreme Court in particular. In the course of their argument, they cite an earlier study of constitutional law casebooks currently in use to show that …
Notes From The Editorial Advisory Board, James Boyd White
Notes From The Editorial Advisory Board, James Boyd White
Articles
The tenth anniversary of this Journal is an occasion not only for celebrating its remarkable achievements, but also for thinking again about the nature and premises of the work it reflects. One way to begin might be with its two central terms, "law" and "humanities" (or the obvious alternative to the second, "literature").
Talking About Religion In The Language Of The Law: Impossible But Necessary, James Boyd White
Talking About Religion In The Language Of The Law: Impossible But Necessary, James Boyd White
Articles
In speaking to this conference about religion and law I am in a decidedly peculiar position, for it may be that every one of you has thought longer and harder about the relation between these two forms of life than I have. When Scott Idleman first asked me to talk to you, I explained that I was no expert, to put it mildly, and that the most that I could offer would be the reflections of a neophyte. He said that this was fine-perhaps he was just desperate for a speaker; perhaps he thought that it might be helpful to …
Economic Analysis Of Evidentiary Law: An Underused Tool, An Underplowed Field (Symposium: The Economics Of Evidentiary Law), Richard D. Friedman
Economic Analysis Of Evidentiary Law: An Underused Tool, An Underplowed Field (Symposium: The Economics Of Evidentiary Law), Richard D. Friedman
Articles
The law and economics movement has had a major impact on many areas of law, but rather little on the law of evidence. This is not to say that there have been no attempts to analyze evidentiary issues through an economic lens,' but such efforts are far more scattered in evidence than in other legal fields, including the closely related one of civil procedure.2 Believing that economics has value for evidentiary analysis, I suggested to the Executive Committee and Advisory Board of the Evidence Section of the Association of American Law Schools ("AALS"), when I was chairman of the section, …
A Populist Critique Of Direct Democracy, Sherman J. Clark
A Populist Critique Of Direct Democracy, Sherman J. Clark
Articles
It is often assumed that direct democratic processes - referenda and initiatives - offer the people a chance to speak more clearly than is possible through representative processes. Courts, commentators, and political leaders have defended or described direct democratic outcomes as the voice of the "people themselves." Because plebiscites allow the people to speak directly, without the potential distortion inherent in representation, they seem ideally responsive to popular will. Indeed, even critics of direct democracy appear to grant as much. Critics are quick to point out, of course, that actual plebiscites often fall far short of the ideal. Uneven voter …
Capital Jury And Absolution: The Intersection Of Trial Strategy Remorse And The Death Penalty, Scott E. Sundby
Capital Jury And Absolution: The Intersection Of Trial Strategy Remorse And The Death Penalty, Scott E. Sundby
Articles
No abstract provided.
Establishing Deliberative Democracy: Moving From Misery To Poverty With Dignity, Irwin P. Stotzky
Establishing Deliberative Democracy: Moving From Misery To Poverty With Dignity, Irwin P. Stotzky
Articles
No abstract provided.
Thoughts From Across The Water On Hearsay And Confrontation, Richard D. Friedman
Thoughts From Across The Water On Hearsay And Confrontation, Richard D. Friedman
Articles
This article draws on the history of the hearsay rule, and on recent decisions of the European Court of Human Rights, to argue that the right to confrontation should be recognised as a basic principle of the law of evidence, and that aspects of the Law Commission's proposals for reform of the hearsay rule, and of the Home Office's proposals for restrictions on the right of cross-examination, are therefore unsatisfactory.
Response To Judging Religion By Winnifred Fallers Sullivan (Symposium: Religion And The Judicial Process: Legal, Ethical, And Empirical Dimensions), James Boyd White
Response To Judging Religion By Winnifred Fallers Sullivan (Symposium: Religion And The Judicial Process: Legal, Ethical, And Empirical Dimensions), James Boyd White
Articles
In her paper Professor Sullivan sets forth an admirable ideal: that we in the law should talk about religion as a distinctive human activity, without either engaging in theology ourselves or erasing what is important about religion. We: should, in her words, learn to acknowledge religion without establishing it. For this activity, as she has also argued in Paying the Words Extra, the discipline of the history of religion can serve as a model, for there too people strive to reflect what is distinctive about religion without committing themselves to the validity of a particular theology or set of religious …