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Articles 2941 - 2970 of 3913
Full-Text Articles in Entire DC Network
Reforming Article 9 Priorities In Light Of Old Ignorance And New Filing Rules (Symposium: 'Managing The Paper Trail': Evaluating And Reforming The Article 9 Filing System), James J. White
Articles
The other papers in this Symposium demonstrate that we have the technical capacity to build a filing system that will exceed the expectations of Grant Gilmore in every dimension.1 With more thought about what is put into the system and more clever software to get it out, the most sophisticated system possible under current technology will store and produce enough information about a debtor to give the ACLU a fright. All of the issues on improving the filing system are important, but I do not concern myself with any of them directly. I am here discuss a different question. In …
Breaking The Cycle Of Despair: Street Children In Guatemala City, Tamara Rice Lave
Breaking The Cycle Of Despair: Street Children In Guatemala City, Tamara Rice Lave
Articles
No abstract provided.
What's An Opinion For? (Special Issue: Judicial Opinion Writing), James Boyd White
What's An Opinion For? (Special Issue: Judicial Opinion Writing), James Boyd White
Articles
The question the papers in this Special Issue address is whether it matters how judicial opinions are written, and if so why. My hope here is to suggest a way of elaborating the question that may provide the reader with a useful point of departure for reading the more extensive papers that follow.
Deep Inner Lives, Individualism And People Of Honour, William I. Miller
Deep Inner Lives, Individualism And People Of Honour, William I. Miller
Articles
With the exception of St Augustine and perhaps Abelard, often praised as modern before their time, it is not unusual to find it maintained that the individual was not available in any serious conceptual, psychological or even sociological way before the seventeenth century. Our thick and deep self, according to this view, is thus a rather recent phenomenon. Some more expansive souls find the individual already emerging a century earlier, during the Reformation. Within the last three decades, medievalists, chagrined at being contemned by classicists on one flank and an alliance of Renaissance scholars, early modernists, modernists and post-modernists on …
Upward Contempt, William I. Miller
Upward Contempt, William I. Miller
Articles
Contempt and shame go hand in hand. Actions that should shame us, styles of self-presentation that should humiliate us if we are socially competent enough to have such a purchase on ourselves, are those actions and styles that generate and justify the contempt of others for us. Or, changing the causal order: one's contempt of us will generate shame or humiliation in us if we concur with the judgment of our contemptibility, that is, if the contempt is justified, or indignation and even vengeful fury if it is unjustified. Contempt is thus a mechanism of ranking people or of contesting …
Ansco Reminiscences, Ira Current
Ansco Reminiscences, Ira Current
Articles
Article by Prof Emeritus Ira Current, retired faculty member, about his early days at Ansco (later Agfa/Ansco), his arrival and on-the-job anecdotes prior to WWII.
The Six Companies And The Geary Act: A Case Study In Nineteenth-Century Civil Disobedience And Civil Rights Litigation, Ellen D. Katz
The Six Companies And The Geary Act: A Case Study In Nineteenth-Century Civil Disobedience And Civil Rights Litigation, Ellen D. Katz
Articles
In 1892, the Chinese Consolidated Benevolent Association in San Francisco urged the resident Chinese community to ignore a federal law. The United States Congress had just passed the Geary Act, which required all Chinese laborers living in the United States to register with the collector of internal revenue. Under the act, those who did not register would face arrest and likely deportation. The Benevolent Association, also known as the Six Companies," claimed that the act violated both the constitutional right to due process and treaty obligations with China. To combat the legislation, the association enlisted the assistance of the Chinese …
Resolution Of Traffic Accident Disputes And Judicial Activism In Japan, Daniel H. Foote
Resolution Of Traffic Accident Disputes And Judicial Activism In Japan, Daniel H. Foote
Articles
The topic of resolution of traffic accident cases in Japan has already seen two works in English: a 1989 article by J. Mark Ramseyer and Minoru Nakazato in the Journal of Legal Studies and a 1990 article by Takao Tanase in the Law and Society Review. Why yet another article?
First, despite the fine treatment of a wide range of issues in those articles, neither of those works gave much attention to what I regard as one of the most interesting and important aspects of the Japanese treatment of automobile accident cases: namely, the role of the judiciary and the …
Four Views Of Japanese Attorneys, Daniel H. Foote
Four Views Of Japanese Attorneys, Daniel H. Foote
Articles
The four articles translated below appeared in a special collection entitled: Bengoshi--san Monosatari-or, A Tale of Lawyers. This collection was No. 198 in the Bessatsu Takarajma series, a series that contains such other tides as: How to Develop Brain Power (Noryoku toreningu no gijutsu, No. 41), The Court Game (Salban gemu, No. 169), and The Dark Side of Real Estate (Fudosan no ura, No. 177). As these titles ·reflect, publications in the series are aimed at the mass market. not the world of academics. A further caveat is thatr as with the majority …
Meet John Doe: It Is Time For Federal Civil Procedure To Recognize John Doe Parties, Carol Rice Andrews
Meet John Doe: It Is Time For Federal Civil Procedure To Recognize John Doe Parties, Carol Rice Andrews
Articles
No abstract provided.
Grant Gilmore, Holmes, And The Anxiety Of Influence, Charles M. Yablon
Grant Gilmore, Holmes, And The Anxiety Of Influence, Charles M. Yablon
Articles
The article explores Grant Gilmore's ambivalent relationship with Oliver Wendell Holmes, particularly in The Death of Contract. Gilmore both praises Holmes's intellectual brilliance and critiques his formalistic approach to contract law. Drawing on Harold Bloom's The Anxiety of Influence, the analysis suggests that Gilmore engages in a struggle with Holmes's legacy, reflecting a mix of admiration and opposition, akin to how strong poets handle influential predecessors.
Judicial Drag: An Essay On Wigs, Robes And Legal Change, Charles M. Yablon
Judicial Drag: An Essay On Wigs, Robes And Legal Change, Charles M. Yablon
Articles
The article explores the persistence of judicial wigs and robes in England, arguing that their continued use is not based on practical reasons but on historical and cultural path dependency. The tradition, despite its anachronistic nature, endures due to factors like dignity, anonymity, and economic interests, rather than any functional necessity. The author suggests that such legal customs often persist because of historical context rather than optimal design.
Virgin Territory: Margaret Radin's Imagery Of Personal Property As The Inviolate Feminine Body, Jeanne L. Schroeder
Virgin Territory: Margaret Radin's Imagery Of Personal Property As The Inviolate Feminine Body, Jeanne L. Schroeder
Articles
Margaret Jane Radin's theory of property for personhood posits that certain personal property is deeply intertwined with individual identity, necessitating legal protections that go beyond traditional property rights. While her approach offers a feminist perspective by emphasizing the body and body-like objects as extensions of selfhood, critics argue that her framework lacks an account of community and intersubjectivity, rendering it incomplete. The article suggests that integrating insights from Hegel and Lacan could provide a more comprehensive understanding of property relations, addressing both personal and communal dimensions.
The First Amendment's Challenge Function And The Confusion In The Supreme Court's Contemporary Free Exercise Jurisprudence, Marci A. Hamilton
The First Amendment's Challenge Function And The Confusion In The Supreme Court's Contemporary Free Exercise Jurisprudence, Marci A. Hamilton
Articles
No abstract provided.
On The Contribution Of Baseball To American Legal Theory, Charles M. Yablon
On The Contribution Of Baseball To American Legal Theory, Charles M. Yablon
Articles
The article explores the influence of baseball on American legal theory, arguing that baseball's rules and traditions have significantly shaped legal thought. It posits that baseball's structured yet flexible system, which acknowledges both luck and skill, offers valuable insights into legal principles and methodologies. The author contends that legal scholars have drawn parallels between baseball and law, leading to new perspectives in jurisprudence.
Liberty And Property: Lord Bramwell And The Political Economy Of Liberal Jurisprudence Individualism, Freedom, And Utility, David Abraham
Liberty And Property: Lord Bramwell And The Political Economy Of Liberal Jurisprudence Individualism, Freedom, And Utility, David Abraham
Articles
No abstract provided.
Still Naked After All These Words, A. Michael Froomkin
The Legal Regulation Of Genetic Discrimination: Old Responses To New Technology, Richard A. Epstein
The Legal Regulation Of Genetic Discrimination: Old Responses To New Technology, Richard A. Epstein
Articles
No abstract provided.
Introduction: Baron Bramwell At The End Of The Twentieth Century, Richard A. Epstein
Introduction: Baron Bramwell At The End Of The Twentieth Century, Richard A. Epstein
Articles
No abstract provided.
A Brief History Of The Criminal Jury In The United States, Albert Alschuler, Andrew G. Deiss
A Brief History Of The Criminal Jury In The United States, Albert Alschuler, Andrew G. Deiss
Articles
No abstract provided.
Of Richard Epstein And Other Radical Feminists, Mary Anne Case
Of Richard Epstein And Other Radical Feminists, Mary Anne Case
Articles
My goal in this discussion is to persuade all members of the Federalist Society that they are or should be feminists. I shall pursue this goal in two ways: first by setting forth an expansive definition of feminist jurisprudence; secondly by showing that anyone who combines the two commitments Richard Epstein urges on feminists-commitments to the descriptive message of sociobiology and to the normative message of libertarianism-must inevitably be, not merely a feminist, but a very radical feminist indeed. In short, feminism is for everyone, especially for Richard Epstein.
Standing Firm, On Forbidden Grounds, Richard A. Epstein
Standing Firm, On Forbidden Grounds, Richard A. Epstein
Articles
No abstract provided.
Excommunication In Twelfth Century England, Richard H. Helmholz
Excommunication In Twelfth Century England, Richard H. Helmholz
Articles
No abstract provided.
For A Bramwell Revival, Richard A. Epstein
Executive Detention In Wartime (Reviewing A.W. Brian Simpson, In The Highest Degree Odious: Detention Without Trial In Wartime Britain (1992)), Richard A. Posner
Executive Detention In Wartime (Reviewing A.W. Brian Simpson, In The Highest Degree Odious: Detention Without Trial In Wartime Britain (1992)), Richard A. Posner
Articles
No abstract provided.
The Bible In The Service Of The Canon Law, Richard H. Helmholz
The Bible In The Service Of The Canon Law, Richard H. Helmholz
Articles
No abstract provided.
The Transmission Of Legal Institutions: English Law, Roman Law, And Handwritten Wills, Richard H. Helmholz
The Transmission Of Legal Institutions: English Law, Roman Law, And Handwritten Wills, Richard H. Helmholz
Articles
No abstract provided.
A Nation At Prayer, A Nation In Hate: Apartheid In South Africa, Tamara Rice Lave
A Nation At Prayer, A Nation In Hate: Apartheid In South Africa, Tamara Rice Lave
Articles
No abstract provided.
Unemployment Insurance: American Social Wage, Labor Organization And Legal Ideology, Kenneth M. Casebeer
Unemployment Insurance: American Social Wage, Labor Organization And Legal Ideology, Kenneth M. Casebeer
Articles
No abstract provided.
The Ubiquity Of The Benefit Principle, Richard A. Epstein
The Ubiquity Of The Benefit Principle, Richard A. Epstein
Articles
No abstract provided.