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Articles 3091 - 3120 of 3912
Full-Text Articles in Entire DC Network
Justice O'Connor's Intellectual Property Opinions: Currents And Crosscurrents, Marci A. Hamilton
Justice O'Connor's Intellectual Property Opinions: Currents And Crosscurrents, Marci A. Hamilton
Articles
No abstract provided.
Secured Creditors And The Eely Character Of Bankruptcy Valuations, David G. Carlson
Secured Creditors And The Eely Character Of Bankruptcy Valuations, David G. Carlson
Articles
No abstract provided.
History's Challenge To Feminism, Jeanne L. Schroeder
Property And Necessity, Richard A. Epstein
The Debate Over The Civil Jury In Historical Perspective, Hans Zeisel
The Debate Over The Civil Jury In Historical Perspective, Hans Zeisel
Articles
No abstract provided.
Free Exercise Revisionism And The Smith Decision, Michael W. Mcconnell
Free Exercise Revisionism And The Smith Decision, Michael W. Mcconnell
Articles
No abstract provided.
Presidential Lawmaking Powers, Frank H. Easterbrook
Remedies And Incentives In Private And Public Law: A Comparative Essay, Saul Levmore, William J. Stuntz
Remedies And Incentives In Private And Public Law: A Comparative Essay, Saul Levmore, William J. Stuntz
Articles
No abstract provided.
Bork And Beethoven, Richard A. Posner
Law And Economics Is Moral, Richard A. Posner
Appropriations Of Power, Gerhard Casper
Property Rights And The New Legal Order (Panel Discussion), Richard A. Epstein
Property Rights And The New Legal Order (Panel Discussion), Richard A. Epstein
Articles
No abstract provided.
No New Property, Richard A. Epstein
Religious Liberty In The Welfare State, Richard A. Epstein
Religious Liberty In The Welfare State, Richard A. Epstein
Articles
No abstract provided.
Continental Law And Common Law: Historical Strangers Or Companions?, Richard H. Helmholz
Continental Law And Common Law: Historical Strangers Or Companions?, Richard H. Helmholz
Articles
No abstract provided.
Origins Of The Privilege Against Self-Incrimination: The Role Of The European Ius Commune, Richard H. Helmholz
Origins Of The Privilege Against Self-Incrimination: The Role Of The European Ius Commune, Richard H. Helmholz
Articles
Current orthodoxy holds that the fifth amendment's privilege against self-incrimination has its roots in the seventeenth-century triumph of enlightened English common law over the older tradition of continental common law and the English ecclesiastical courts which used this tradition to limit religious freedom. In this Article, Professor Helmholz presents and analyzes documentary evidence demonstrating the inaccuracy of this account. These documents reveal that the continental blend of Roman and canon law known as the ius commune had long recognized the privilege against selfincrimination, and that English ecclesiastical courts first considered arguments for the privilege based on this body of law. …
Paradoxes Of The Regulatory State, Cass R. Sunstein
Principles, Not Fictions Exchange, Cass R. Sunstein
Unity And Plurality: The Case Of Compulsory Oaths, Cass R. Sunstein
Unity And Plurality: The Case Of Compulsory Oaths, Cass R. Sunstein
Articles
No abstract provided.
Comparative Criminal Justice As A Guide To American Law Reform: How Do The French Do It, How Can We Find Out, And Why Should We Care?, Richard Frase
Comparative Criminal Justice As A Guide To American Law Reform: How Do The French Do It, How Can We Find Out, And Why Should We Care?, Richard Frase
Articles
In the 1970s and early 1980s, legal academics hotly debated the possibility of basing American law reforms on continental procedures, but this voluminous literature produced few conclusions and virtually no sustained research and reform efforts. In this Article, Professor Frase argues that this stalemate was largely due to the fact that the continental procedures most often proposed for borrowing were actually the least feasible transplants, whereas other, more modest possibilities were overlooked or misunderstood. To identify the latter, future researchers must analyze foreign systems comprehensively, in practice as well as in theory, and must subject domestic systems to equally comprehensive …
The United States-Dakota War Trials: A Study In Military Injustice, Carol Chomsky
The United States-Dakota War Trials: A Study In Military Injustice, Carol Chomsky
Articles
Between September 28 and November 3, 1862, in southwestern Minnesota, nearly four hundred Dakota 1 men were tried for murder, rape, and robbery. All but seventy were convicted, and 303 of these were condemned to die. 2 After an official review of the trials, the sentences of thirty-eight were confirmed and, on December 26, 1862, these thirty-eight were hanged in Mankato, Minnesota, in the largest mass execution in American history. On November 11, 1865, after three additional trials, two more Dakota followed them to the gallows.
The Direct Investment Tax Initiatives Of The European Community: A View From The United States, Stanley I. Langbein, David H. Rosenbloom
The Direct Investment Tax Initiatives Of The European Community: A View From The United States, Stanley I. Langbein, David H. Rosenbloom
Articles
No abstract provided.
Speaking Out Of Turn: The Story Of Josephine V., Anthony V. Alfieri
Speaking Out Of Turn: The Story Of Josephine V., Anthony V. Alfieri
Articles
No abstract provided.
Reconstructive Poverty Law Practice: Learning Lessons Of Client Narrative, Anthony V. Alfieri
Reconstructive Poverty Law Practice: Learning Lessons Of Client Narrative, Anthony V. Alfieri
Articles
No abstract provided.
Lowering One's Cites: A (Sort Of) Review Of The University Of Chicago Manual Of Legal Citation, Mary I. Coombs
Lowering One's Cites: A (Sort Of) Review Of The University Of Chicago Manual Of Legal Citation, Mary I. Coombs
Articles
No abstract provided.
The Public Domain, Jessica D. Litman
The Public Domain, Jessica D. Litman
Articles
This article examines the public domain by looking at the gulf between what authors really do and the way the law perceives them. Part I outlines the basics of copyright as a species of property and introduces the public domain's place within the copyright scheme. Copyright grants authors" ' rights modeled on real property in order to encourage authorship by providing authors with markets in which they can seek compensation for their creations. Because parcels of authorship are intangible, however, the law faces *problems in determining the ownership and boundaries of its property grants. In particular, the concept of "originality," …
Judging The Judges: Three Opinions, James Boyd White
Judging The Judges: Three Opinions, James Boyd White
Articles
For some time I have been working on the problem of judicial criticism, focusing especially on the question: What is it in the work of a judge that leads us to admire a judicial opinion with the result of which we disagree, or to condemn an opinion that "comes out" the way we would do if we were charged with the responsibility of decision? The response I have been making is that this kind of judicial excellence (and its opposite too) lies in the sort of social and intellectual action in which the opinion engages: in the character the court …
Norms And Narratives: Can Judges Avoid Serious Moral Error Colloquy, Richard Delgado, Jean Stefancic
Norms And Narratives: Can Judges Avoid Serious Moral Error Colloquy, Richard Delgado, Jean Stefancic
Articles
No abstract provided.
Generalization In Interpretive Theory, Joseph Vining
Generalization In Interpretive Theory, Joseph Vining
Articles
There are arguments at large about the nature of legal interpretation, proceeding from an implicit proposition that interpretation is the same phenomenon or experience whatever its setting. An assumption that there is one phenomenon can be found in discussions among lawyers of interpretation and in discussions among nonlawyers of legal interpretation-and as often in the work of those who would deny there is any significance to theorizing about interpretation, as of those who think persuasion to a particular theory will have the utmost consequence for law and society. Proceeding from such a proposition, rather than toward it, raises the risk …
Bart Bartosic: What You See Is Not What You Get, Theodore J. St. Antoine
Bart Bartosic: What You See Is Not What You Get, Theodore J. St. Antoine
Articles
With "Bart" Bartosic, what you see is not necessarily what you get. Anyone even vaguely acquainted with him knows I am not talking about duplicity; on occasion, Bart can be almost painfully forthright. Nonetheless, on first meeting, most persons are likely to view him as the very soul of politesse - perhaps actually too deferential and accommodating. Yet behind that beguiling exterior can be found a backbone of cast iron, a mind like a steel trap, and (to extend the metallic figure) a willingness, when the situation demands, to be as hard as nails in dealing with either ideas or …