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Articles 2821 - 2850 of 3913
Full-Text Articles in Entire DC Network
The Modern Uses Of Ancient Law, Richard A. Epstein
A Clear View Of The Cathedral: The Dominance Of Property Rules, Richard A. Epstein
A Clear View Of The Cathedral: The Dominance Of Property Rules, Richard A. Epstein
Articles
No abstract provided.
Modern Discovery Practice: Search For Truth Or Means Of Abuse?, Frank H. Easterbrook
Modern Discovery Practice: Search For Truth Or Means Of Abuse?, Frank H. Easterbrook
Articles
No abstract provided.
Fables, Sagas, And Laws, Saul Levmore
The Problematics Of Moral And Legal Theory, Richard A. Posner
The Problematics Of Moral And Legal Theory, Richard A. Posner
Articles
In these Holmes Lectures, delivered a century after the publication of Oliver Wendell Holmes's great essay The Path of the Law, Judge Posner argues for an essentially Holmesian conception of the proper relations among modern normative moral philosophy ("academic moralism"), morality, and law. Academic moralism, he argues, lacks either the intellectual cogency or the emotional power to change people's beliefs or behavior; the power to do so resides in "moral entrepreneurs," which academic moralists emphatically are not. Academic moralism's lack of cogency disqualifies it to guide judicial decisionmaking even - in fact, especially - in cases involving controversial moral issues, …
Rational Choice, Behavioral Economics, And The Law, Richard A. Posner
Rational Choice, Behavioral Economics, And The Law, Richard A. Posner
Articles
No abstract provided.
Generalist Judges In A Specialized World, Diane P. Wood
Generalist Judges In A Specialized World, Diane P. Wood
Articles
No abstract provided.
The Legal Framework Of The Church Of England: A Critical Study In A Comparative Context, Richard H. Helmholz
The Legal Framework Of The Church Of England: A Critical Study In A Comparative Context, Richard H. Helmholz
Articles
No abstract provided.
Rethinking Legal Realism: Toward A Naturalized Jurisprudence, Brian Leiter
Rethinking Legal Realism: Toward A Naturalized Jurisprudence, Brian Leiter
Articles
No abstract provided.
Voluntary Bonds: The Impact Of Habitat Ii On U.S. Housing Policy, Janet Stearns
Voluntary Bonds: The Impact Of Habitat Ii On U.S. Housing Policy, Janet Stearns
Articles
No abstract provided.
Foreword: Under Construction- Latcrit Consciousness, Community, And Theory, Francisco Valdes
Foreword: Under Construction- Latcrit Consciousness, Community, And Theory, Francisco Valdes
Articles
No abstract provided.
Official Imaginations: Globalization, Difference, And State-Sponsored Immigration Discourses, Kunal M. Parker
Official Imaginations: Globalization, Difference, And State-Sponsored Immigration Discourses, Kunal M. Parker
Articles
No abstract provided.
Book Review (Reviewing John Hudson, The Formation Of The English Common Law: Law And Society In England From The Norman Conquest To Magna Carta (1996)), Richard H. Helmholz
Book Review (Reviewing John Hudson, The Formation Of The English Common Law: Law And Society In England From The Norman Conquest To Magna Carta (1996)), Richard H. Helmholz
Articles
No abstract provided.
Law And Economics: Its Glorious Past And Cloudy Future, Richard A. Epstein
Law And Economics: Its Glorious Past And Cloudy Future, Richard A. Epstein
Articles
No abstract provided.
Ethnicity, Crime, And Immigration, Michael Tonry
Who’S Afraid Of Humpty Dumpty: Deconstructionist References In Judicial Opinions, Madeleine M. Plasencia
Who’S Afraid Of Humpty Dumpty: Deconstructionist References In Judicial Opinions, Madeleine M. Plasencia
Articles
This Article examines the treatment of deconstruction in United States judicial opinions.' A handful of cases have directly referred to the French philosopher and literary theorist, Jacques Derrida.2 In each of these cases, the court has rejected Derrida's philosophy, apparently out of a fear that recognition of any legitimacy of Derrida's thoughts would lead to the self-destruction of the legal world. These courts have misunderstood that consideration or recognition of Derrida's philosophy in the legal context would not unavoidably lead to the end of all meaningful legal discourse in the United States. A discussion of these cases will serve as …
Corporate Philanthropy And Campaign Finance: Exempt Organizations As Corporate-Candidate Conduits, Frances R. Hill
Corporate Philanthropy And Campaign Finance: Exempt Organizations As Corporate-Candidate Conduits, Frances R. Hill
Articles
No abstract provided.
The A Student Who Gave Up The Law For Baseball, Yale Kamisar
The A Student Who Gave Up The Law For Baseball, Yale Kamisar
Articles
When the head coach of the University of Michigan baseball team resigned suddenly, University officials started looking around for a replacement. Then several people told the Athletic Director about an outstanding candidate in his own backyard. It turned out that a young man who had coached baseball both at Ohio Wesleyan University and Allegheny College and then been a catcher for several major league baseball clubs (before his throwing arm went dead) was a student in the Law School. After receiving glowing reports about the young man (let's call him by his first two initials, W.B.), the Athletic Director offered …
Gluttony, William I. Miller
Gluttony, William I. Miller
Articles
Gluttony does not have the grandeur of pride, the often brilliant strategic meanness of envy and avarice, the glory of wrath. It does manage to gain some small allure by its association with lust, its sexy sibling sin of the flesh. Yet there is something irrevocably unseemly about gluttony, vulgar and lowbrow, self-indulgent in a swinish way. Gluttony is not the stuff of tragedy or epic. Imagine Hamlet too fat to take revenge or Homer making his topic the gluttony of Achilles rather than his wrath. With gluttony, compare pride and anger, sins that mark the grand action of revenge, …
Confrontation And The Definition Of Chutzpa, Richard D. Friedman
Confrontation And The Definition Of Chutzpa, Richard D. Friedman
Articles
You may know the standard illustration of chutzpa - the man who kills both his parents and then begs the sentencing court to have mercy on an orphan. In this article, I discuss a case of chutzpa that is nearly as outlandish - the criminal defendant who, having rendered his victim unavailable to testify, contends that evidence of the victim's statement should not be admitted against him because to do so would violate his right to confront her. I contend that in a case like this the defendant should be deemed to have forfeited the confrontation right. On the same …
Are Hate-Speech Rules Constitutional Heresy A Reply To Steven Gey, Richard Delgado
Are Hate-Speech Rules Constitutional Heresy A Reply To Steven Gey, Richard Delgado
Articles
No abstract provided.
Irrelevance, Minimal Relevance, And Meta-Relevance (Response To David Crump), Richard D. Friedman
Irrelevance, Minimal Relevance, And Meta-Relevance (Response To David Crump), Richard D. Friedman
Articles
Professor Crump's analysis runs the full traverse from academic theorizing to practical observation. I will attempt to follow him over the same course, addressing three questions among the congeries that he raises. First, is it true that all evidence satisfies the minimalist definition of relevance? Second, should evidentiary codes include a tighter definition of relevance? Third, how should we assess lawyers' use of evidence that, loosely speaking, is irrelevant?
The Jurisprudence Of Yogi Berra, Edward H. Cooper, Grace C. Tonner
The Jurisprudence Of Yogi Berra, Edward H. Cooper, Grace C. Tonner
Articles
Lawrence Peter "Yogi" Berra was born on May 12, 1925, in St. Louis, Missouri, and grew up to become one of baseball's all-time greats. Yogi played nineteen years in the Major Leagues, eighteen with the New York Yankees and one with the New York Mets He has been called the greatest Yankee catcher ever. During his career, Yogi played in a record fourteen World Series and was elected the American League's Most Valuable Player three times. Following his playing career, Yogi managed both the Yankees and the New York Mets, and coached the Yankees, Mets, and Houston Astros. He received …
Emphasizing The Constitutional In Constitutional Torts (Symposium On Section 1983), Christina B. Whitman
Emphasizing The Constitutional In Constitutional Torts (Symposium On Section 1983), Christina B. Whitman
Articles
It has been surprisingly difficult to extricate constitutional litigation from torts. In this Article I would like to resist once more' the idea that tort doctrines and tort categories provide a useful model for constitutional decision-making. When it comes to deciding the merits of a constitutional claim, torts is a distraction. That is the case whether torts serves as a positive model for the constitutional cause of action or as an alternative to be shunned. As part of this argument, I also question the claim2 that Monroe v. Pape,3 the 1961 case that opened the door for damages relief under …
Making International Refugee Law Relevant Again: A Proposal For Collectivized And Solution-Oriented Protection, James C. Hathaway, R. Alexander Neve
Making International Refugee Law Relevant Again: A Proposal For Collectivized And Solution-Oriented Protection, James C. Hathaway, R. Alexander Neve
Articles
International refugee law is in crisis. Even as armed conflict and human rights abuse continue to force individuals and groups to flee their home countries, many governments are withdrawing from the legal duty to provide refugees with the protection they require. While governments proclaim a willingness to assist refugees as a matter of political discretion or humanitarian goodwill, they appear committed to a pattern of defensive strategies designed to avoid international legal responsibility toward involuntary migrants. Some see this shift away from a legal paradigm of refugee protection as a source for enhanced operational flexibility in the face of changed …
The Implied Warranty Of Merchantability In Software Contracts: A Warranty No One Dares To Give And How To Change That, Robert W. Gomulkiewicz
The Implied Warranty Of Merchantability In Software Contracts: A Warranty No One Dares To Give And How To Change That, Robert W. Gomulkiewicz
Articles
A disclaimer of ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITING THE IMPLIED WARRANTY OF MERCHANTABILITY, greets virtually everyone who prepares to use a computer software product. Software publishers disclaim the implied warranty of merchantability because they do not know what they might be promising if they give it. Though the disclaimer is routine, software publishers have little interest in needlessly eroding confidence in the quality of their products by conspicuously disclaiming a warranty with which their products may well comply. Disclaimers feed suspicion, voiced by industry critics, that software publishers care little about software quality or standing behind their products. Nonetheless, …
The Fearful Symmetry Of Gay Rights, Religious Freedom, And Racial Equality, Walter J. Walsh
The Fearful Symmetry Of Gay Rights, Religious Freedom, And Racial Equality, Walter J. Walsh
Articles
A decade has now passed since Julia Cooper Mack authored her most controversial judicial opinion, Gay Rights Coalition of Georgetown University Law Center v. Georgetown University. That opinion provoked two acts of Congress aimed at its reversal, newspaper editorials from coast to coast, and over one hundred scholarly authors debating its wisdom. In this short essay, I shall suggest that this extended hermeneutic debate has yet to touch upon the deepest implications of Judge Mack's Georgetown opinion. While recent scholarship on this story praises Judge Mack's unusual ability to reconcile clashing interest groups, a more accurate account might be …
Latino And Latina Critical Theory: An Annotated Bibliography Symposium: Latcrit: Latina/Os And The Law: Policy, Politics &(And) Praxis, Jean Stefancic
Latino And Latina Critical Theory: An Annotated Bibliography Symposium: Latcrit: Latina/Os And The Law: Policy, Politics &(And) Praxis, Jean Stefancic
Articles
No abstract provided.
Computer Science Concepts In Copyright Cases: The Path To A Coherent Law, Marci A. Hamilton, Ted Sabety
Computer Science Concepts In Copyright Cases: The Path To A Coherent Law, Marci A. Hamilton, Ted Sabety
Articles
No abstract provided.
Towards A Theory Of Law And Entrepreneurship, Steven H. Hobbs
Towards A Theory Of Law And Entrepreneurship, Steven H. Hobbs
Articles
No abstract provided.