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Articles 3031 - 3060 of 3912
Full-Text Articles in Entire DC Network
The Public Trust Doctrine And Coastal Zone Management In Washington State, Ralph W. Johnson, Craighton Goeppele, David Jansen, Rachael Paschal
The Public Trust Doctrine And Coastal Zone Management In Washington State, Ralph W. Johnson, Craighton Goeppele, David Jansen, Rachael Paschal
Articles
The public trust doctrine is an ancient doctrine that has recently emerged as a powerful tool to protect the public interest in tidelands and shorelands. Created and developed by the judiciary, the doctrine's principles have found their way into several of Washington's regulatory statutes, such as the Shoreline Management Act and the Aquatic Lands Act. This Article traces the development of the doctrine in Washington, and explains the relation between the state's police power and the public trust doctrine. This Article also sets forth the current contours of the public trust doctrine in Washington, and charts potential future developments of …
The Use Of Advance Fee Attorney Retainer Agreements In Bankruptcy: Another Special Law For Lawyers?, Lester Brickman, Jonathan Klein
The Use Of Advance Fee Attorney Retainer Agreements In Bankruptcy: Another Special Law For Lawyers?, Lester Brickman, Jonathan Klein
Articles
From the time that the first lawyers set foot in what is now the United States, society has engaged in efforts to regulate lawyers' fees, including fees received from clients in bankruptcy proceedings. Lawyers, in turn, have been engaged in continuing efforts to: secure their self-interests, aggrandize their role in society, be free of societally imposed constraints on their fees and activities, and carve out an ever larger area of exclusive domain. Although lawyers have not fared as well in their recent efforts to extend the scope of their monopoly by the use of statutes that prohibit the unauthorized practice …
Dilemmas Of Justice, Stephen J. Schulhofer, Michel Rosenfeld
Dilemmas Of Justice, Stephen J. Schulhofer, Michel Rosenfeld
Articles
The Hungarian Constitutional Court's decision to invalidate a retroactivity law aimed at prosecuting crimes committed during the prior regime highlights a tension between rule-of-law principles and demands for retributive justice. The court ruled that extending or reopening statutes of limitations violated constitutional guarantees of legal certainty, non-retroactivity, and the protection of rights previously conferred. The decision underscores the court's commitment to an expansive interpretation of constitutional rights, emphasizing the importance of predictable and foreseeable legal consequences. While the ruling prioritizes rule-of-law values, it leaves unresolved the question of how to address past injustices in post-totalitarian societies.
Medieval Iceland And Modern Scholarship (Reviewing William Ian Miller, Bloodtaking And Peacemaking: Feud, Law And Society In Saga Iceland (1990)), Richard A. Posner
Medieval Iceland And Modern Scholarship (Reviewing William Ian Miller, Bloodtaking And Peacemaking: Feud, Law And Society In Saga Iceland (1990)), Richard A. Posner
Articles
No abstract provided.
Coordinating Sanctions For Corporate Misconduct: Civil Or Criminal Punishment, David Yellen, Carl J. Mayer
Coordinating Sanctions For Corporate Misconduct: Civil Or Criminal Punishment, David Yellen, Carl J. Mayer
Articles
No abstract provided.
Fifth Amendment Takings Implications Of The 1990 Native American Graves Protection And Repatriation Act, Ralph W. Johnson, Sharon I. Haensly
Fifth Amendment Takings Implications Of The 1990 Native American Graves Protection And Repatriation Act, Ralph W. Johnson, Sharon I. Haensly
Articles
In November 1990, Congress passed the Native American Graves Protection and Repatriation Act ("NAGPRA"). NAGPRA provides for the protection and disposition of Native American cultural items discovered on federal or tribal lands after NAGPRA's effective date. NAGPRA also addresses disposition of those objects currently held or controlled by federal agencies and museums. NAGPRA represents Congress' attempt to resolve years of debate between tribes, archaeologists, and museums. Like any legislative pronouncement, however, Congress left key issues to agencies and courts to resolve. This article focuses upon one such area, namely, Fifth Amendment takings questions that may arise when tribes or individual …
Rights And 'Rights Talk' (Reviewing Mary Ann Glendon, Rights Talk: The Impoverishment Of Political Discourse (1991)), Richard A. Epstein
Rights And 'Rights Talk' (Reviewing Mary Ann Glendon, Rights Talk: The Impoverishment Of Political Discourse (1991)), Richard A. Epstein
Articles
No abstract provided.
An Excerpt From When Lawyers Write, Richard H. Weisberg
An Excerpt From When Lawyers Write, Richard H. Weisberg
Articles
No abstract provided.
The Hegelian Revival In American Legal Discourse, David G. Carlson
The Hegelian Revival In American Legal Discourse, David G. Carlson
Articles
No abstract provided.
Heat Of Passion And Wife Killing: Men Who Batter/Men Who Kill, Donna Coker
Heat Of Passion And Wife Killing: Men Who Batter/Men Who Kill, Donna Coker
Articles
No abstract provided.
Of Wolves And Welfare Ranching, Dale Goble
Christ, Culture, And Courts: A Niebuhrian Examination Of First Amendment Jurisprudence, Michael W. Mcconnell
Christ, Culture, And Courts: A Niebuhrian Examination Of First Amendment Jurisprudence, Michael W. Mcconnell
Articles
No abstract provided.
Religious Participation In Public Programs--Religious Freedom At A Crossroads, Michael W. Mcconnell
Religious Participation In Public Programs--Religious Freedom At A Crossroads, Michael W. Mcconnell
Articles
No abstract provided.
The Impossible Dream: Real International Antitrust, Diane P. Wood
The Impossible Dream: Real International Antitrust, Diane P. Wood
Articles
No abstract provided.
Yee V. City Of Escondido: The Supreme Court Strikes Out Again, Richard A. Epstein
Yee V. City Of Escondido: The Supreme Court Strikes Out Again, Richard A. Epstein
Articles
No abstract provided.
Bailment Theories And The Liability Of Bailees: The Elusive Uniform Standard Of Reasonable Care, Richard H. Helmholz
Bailment Theories And The Liability Of Bailees: The Elusive Uniform Standard Of Reasonable Care, Richard H. Helmholz
Articles
No abstract provided.
Congress, The Courts, And The Bill Of Rights (Introduction And Comment), Frank H. Easterbrook
Congress, The Courts, And The Bill Of Rights (Introduction And Comment), Frank H. Easterbrook
Articles
No abstract provided.
The Role Of A Bill Of Rights, David A. Strauss
Security Interests, Misbehavior, And Common Pools, Randal C. Picker
Security Interests, Misbehavior, And Common Pools, Randal C. Picker
Articles
Professor Picker contemplates his own agent-based computer simulation game-SimLaw 2011. He uses this vehicle to describe how "organized decision making" may differ substantially from individualized decision making. The simulations are available on the Internet, and the article is best read with access to a computer. Then he analyzes the consequences that organized decision making may have on future decisions made by our biggest organization-the government.
Book Review (Reviewing Reinhard Zimmermann, The Law Of Obligations: Roman Foundations Of The Civilian Tradition (1990)), Richard H. Helmholz
Book Review (Reviewing Reinhard Zimmermann, The Law Of Obligations: Roman Foundations Of The Civilian Tradition (1990)), Richard H. Helmholz
Articles
No abstract provided.
International News Service V. Associated Press: Custom And Law As Sources Of Property Rights In News, Richard A. Epstein
International News Service V. Associated Press: Custom And Law As Sources Of Property Rights In News, Richard A. Epstein
Articles
No abstract provided.
Use Of The Civil Law In Post-Revolutionary American Jurisprudence, Richard H. Helmholz
Use Of The Civil Law In Post-Revolutionary American Jurisprudence, Richard H. Helmholz
Articles
No abstract provided.
Intellectual Voyeurism In Legal Scholarship, Brian Leiter
Intellectual Voyeurism In Legal Scholarship, Brian Leiter
Articles
No abstract provided.
The True Wisdom Of The Bill Of Rights, Philip B. Kurland
The True Wisdom Of The Bill Of Rights, Philip B. Kurland
Articles
No abstract provided.
A Common Lawyer Looks At Constitutional Interpretation, Richard A. Epstein
A Common Lawyer Looks At Constitutional Interpretation, Richard A. Epstein
Articles
No abstract provided.
The Politics Of Women's Wrongs And The Bill Of 'Rights': A Bicentennial Perspective, Mary E. Becker
The Politics Of Women's Wrongs And The Bill Of 'Rights': A Bicentennial Perspective, Mary E. Becker
Articles
No abstract provided.
The Upc's New Survivorship And Antilapse Provisions, Edward C. Halbach Jr., Lawrence W. Waggoner
The Upc's New Survivorship And Antilapse Provisions, Edward C. Halbach Jr., Lawrence W. Waggoner
Articles
Law governing transfers of family property has long struggled with questions of survivorship in their many and varied forms. Important results can and regularly do turn on how such issues are resolved.
Reforming The Law Of Gratuitous Transfers: The New Uniform Probate Code, John H. Langbein, Lawrence W. Waggoner
Reforming The Law Of Gratuitous Transfers: The New Uniform Probate Code, John H. Langbein, Lawrence W. Waggoner
Articles
In the mid-1980s the Uniform Law Commission undertook a landmark revision of the American law of gratuitous transfers. These reforms culminated in a drastically revised Uniform Probate Code ("UPC"). The revisions inspired the Albany Law Review to organize this symposium issue for the purpose of examining the 1990 UPC. In this introductory paper, we point to the main themes of the reform movement, discuss some of the traits and constraints of the uniform law process, and comment on some of the suggestions and insights that appear in the symposium articles.
Translation As A Mode Of Thought, James Boyd White
Translation As A Mode Of Thought, James Boyd White
Articles
I think that Clark Cunningham's article, The Lawyer as Translator, is a wonderful piece of work, full of life and interest and originality. I especially admire: his ability to make vivid to the reader the ways in which languages do truly differ, and differ beyond our efforts to bridge them-as he shows when he imagines an attempt to translate our most common professional terms into Chinese; his recoguition of the kind of force that our languages have over our minds, both as we see the world and as we tell stories about it; his sense that what we think of …
Child Protection Legal Process: Comparing The United States And Great Britain, Donald N. Duquette
Child Protection Legal Process: Comparing The United States And Great Britain, Donald N. Duquette
Articles
The legal response to child maltreatment-or the risk of child maltreatment-varies greatly from society to society and has been little studied, in part because of the idiosyncrasies of community values, social organization, history and legal traditions.2 Cross-country comparison of child abuse and neglect is especially difficult because the ambiguity of social standards and the imprecision of terms used makes it difficult to define the specific behavior one is studying. Even though child maltreatment is widely prohibited, the definition of what actually constitutes child abuse and neglect is not clear within a particular country, much less uniform from one society to …