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Articles 3211 - 3240 of 3912
Full-Text Articles in Entire DC Network
Loss Of Innocence: Eyewitness Identification And Proof Of Guilt, Samuel R. Gross
Loss Of Innocence: Eyewitness Identification And Proof Of Guilt, Samuel R. Gross
Articles
It is no news that eyewitness identification in criminal cases is a problem; it is an old and famous problem. Judges and lawyers have long known that the identification of strangers is a chancy matter, and nearly a century of psychological research has confirmed this skeptical view. In 1967 the Supreme Court attempted to mitigate the problem by regulating the use of eyewitness identification evidence in criminal trials; since then it has retreated part way from that effort. Legal scholars have written a small library of books and articles on this problem, the courts' response to it, and various proposed …
Redesigning The Spouse's Forced Share, John H. Langbein, Lawrence W. Waggoner
Redesigning The Spouse's Forced Share, John H. Langbein, Lawrence W. Waggoner
Articles
American forced-share law underwent a major round of reform in the 1960s. The main objective was to prevent the decedent from engaging in "fraud on the widow's share," that is, using nominal inter vivos transfers to evade the surviving spouse's forced-share entitlement. In jurisdictions that follow the Uniform Probate Code of 1969 (UPC), that mischief has been eradicated. The UPC, which is discussed in some detail below, extends the forced-share entitlement to property that has been the subject of inter vivos transfer. In the present article we develop the view that the time has come for a further round of …
The Varieties Of Numerical Remedies, Eric Schnapper
The Varieties Of Numerical Remedies, Eric Schnapper
Articles
This article seeks to provide a coherent account of why the federal courts have used numerical remedies and an analysis of the types of cases in which they should do so.
Part I describes the evolution of court ordered numerical remedies in Title VII and other employment cases and discusses the appellate courts' failure to establish any clear standards for adopting and framing such remedies. Part II argues that this lack of a coherent set of standards is due to a failure to recognize that the lower courts have been utilizing numerical remedies in six quite distinct types of cases, …
Arguing About Rights, Charles M. Yablon
Facilitative Ethics In Divorce Mediation: A Law And Process Approach, Steven H. Hobbs
Facilitative Ethics In Divorce Mediation: A Law And Process Approach, Steven H. Hobbs
Articles
No abstract provided.
Government Responsibility For Constitutional Torts, Christina B. Whitman
Government Responsibility For Constitutional Torts, Christina B. Whitman
Articles
This essay is about the language used to decide when governments should be held responsible for constitutional torts.' Debate about what is required of government officials, and what is required of government itself, is scarcely new. What is new, at least to American jurisprudence, is litigation against government units (rather than government officials) for constitutional injuries. 2 The extension of liability to institutional defendants introduces special problems for the language of responsibility. In a suit against an individual official it is easy to describe the wrong as the consequence of individual behavior that is inconsistent with community norms; the language …
Some Questions For Republicans, Don Herzog
Some Questions For Republicans, Don Herzog
Articles
Even a sleepy historiographer of political theory of some future day will notice the most dramatic revision of the last 25 years or so. I refer of course to the discovery-and celebration-of civic humanism. The devilish Machiavelli of Elizabethan times has been gently set aside for "the divine Machiavel," the one who writes, "I love my native city more than my soul." And historians of political thought have lovingly traced the transmission of civic humanism from Florence to England and America, giving us a brand new past. America, we now know, was not the unthinkingly Lockean land served up by …
Ectopic Origin Of A Coronary Artery From The Aorta. Sudden Death In 3 Of 23 Patients., John Mahowald, L C. Blieden, J I. Coe, J E. Edwards
Ectopic Origin Of A Coronary Artery From The Aorta. Sudden Death In 3 Of 23 Patients., John Mahowald, L C. Blieden, J I. Coe, J E. Edwards
Articles
Ectopic origin of a coronary artery from the aorta is uncommon. In the last decade, its importance as a possible cause of sudden death has been documented. Initially, only the left coronary artery was implicated. Lately, the ectopically arising right coronary artery has also been shown to be involved in cases of sudden death. We reviewed the pathologic anatomy in 23 cases of ectopic origin of a coronary artery from the aorta. In three of these cases, death could be attributed to ectopic origin of a coronary artery. In one case the left coronary artery arose from the right aortic …
New Rules Of Professional Conduct: Critical Concerns For Idaho Lawyers, Donald L. Burnett Jr.
New Rules Of Professional Conduct: Critical Concerns For Idaho Lawyers, Donald L. Burnett Jr.
Articles
No abstract provided.
Goodbye To The Bluebook, Richard A. Posner
The Temporal Dimension In Tort Law, Richard A. Epstein
Book Review (Reviewing Ralph V. Turner, The English Judiciary In The Age Of Glanville And Bracton, C. 1176-1239 (1985)), Richard H. Helmholz
Book Review (Reviewing Ralph V. Turner, The English Judiciary In The Age Of Glanville And Bracton, C. 1176-1239 (1985)), Richard H. Helmholz
Articles
No abstract provided.
Usury And The Medieval English Church Courts, Richard H. Helmholz
Usury And The Medieval English Church Courts, Richard H. Helmholz
Articles
No abstract provided.
Legal Formalism, Legal Realism, And The Interpretation Of Statutes And The Constitution, Richard A. Posner
Legal Formalism, Legal Realism, And The Interpretation Of Statutes And The Constitution, Richard A. Posner
Articles
A current focus of legal debate is the proper role of the courts in the interpretation of statutes and the Constitution. Are judges to look solely to the naked language of an enactment, then logically deduce its application in simple syllogistic fashion, as legal formalists had purported to do? Or may the inquiry into meaning be informed by perhaps unbridled and unaccountable judicial notions of public policy, using legal realism to best promote the general welfare? Judge Posner considers the concepts of formalism and realism to be meaningful and useful in common law reasoning but in interpretation to be useless …
Law And Literature: A Relation Reargued, Richard A. Posner
Law And Literature: A Relation Reargued, Richard A. Posner
Articles
No abstract provided.
Positive And Negative Constitutional Rights, David P. Currie
Positive And Negative Constitutional Rights, David P. Currie
Articles
No abstract provided.
Past And Future: The Temporal Dimension In The Law Of Property, Richard A. Epstein
Past And Future: The Temporal Dimension In The Law Of Property, Richard A. Epstein
Articles
No abstract provided.
More On Subjective Intent: A Response To Professor Cunningham, Richard H. Helmholz
More On Subjective Intent: A Response To Professor Cunningham, Richard H. Helmholz
Articles
No abstract provided.
Rethinking Comparative Law: Variety And Uniformity In Ancient And Modern Tort Law, Saul Levmore
Rethinking Comparative Law: Variety And Uniformity In Ancient And Modern Tort Law, Saul Levmore
Articles
No abstract provided.
Address Address, Philip B. Kurland
The Origins Of The Religion Clauses Of The Constitution, Philip B. Kurland
The Origins Of The Religion Clauses Of The Constitution, Philip B. Kurland
Articles
No abstract provided.
The Rise And Fall Of The Doctrine Of Separation Of Powers, Philip B. Kurland
The Rise And Fall Of The Doctrine Of Separation Of Powers, Philip B. Kurland
Articles
No abstract provided.
Antarctica And The New Law Of The Sea, Bernard H. Oxman
Antarctica And The New Law Of The Sea, Bernard H. Oxman
Articles
No abstract provided.
Over The Back Fence: Tax Shelters And Other Sales Of Federal Income Tax Reductions, Thomas A. Robinson
Over The Back Fence: Tax Shelters And Other Sales Of Federal Income Tax Reductions, Thomas A. Robinson
Articles
No abstract provided.
The Uniform Statutory Rule Against Perpetuities, Lawrence W. Waggoner
The Uniform Statutory Rule Against Perpetuities, Lawrence W. Waggoner
Articles
When the National Conference of Commissioners on Uniform State Laws recently approved the Uniform Statutory Rule Against Perpetuities, it may at long last have made perpetuity reform achievable in this country. Coming, as it does, on the heels of the 1981 promulgation of the Restatement (Second) of Property (Donative Transfers), which adopts the same general type of perpetuity reform, and having been unanimously endorsed by the House of Delegates of the American Bar Association, the Board of Regents of the American College of Probate Counsel, and the Board of Governors of the American College of Real Estate Lawyers, the Uniform …
What A Sensible Natural Lawyer And A Sensible Utilitarian Agree About And Disagree About: Comments On Finnis, Donald H. Regan
What A Sensible Natural Lawyer And A Sensible Utilitarian Agree About And Disagree About: Comments On Finnis, Donald H. Regan
Articles
Before I start, let me say two things. First of all, to the extent that John Finnis is entering a plea for more attention to what is a relatively neglected tradition (in the narrow his message a hundred percent. And you courd learning about the natural law tradition than by reading his book, Natural Law and Natural Rights. My second introductory observation is that Finnis and I agree about many more things than you might expect if you just think of him as a natural law theorist and me as a utilitarian. I am very eccentric as a utilitarian. He …
Gift, Sale, Payment, Raid: Case Studies In The Negotiation And Classification Of Exchange In Medieval Iceland, William I. Miller
Gift, Sale, Payment, Raid: Case Studies In The Negotiation And Classification Of Exchange In Medieval Iceland, William I. Miller
Articles
Near the end of Eyrbyggja saga Porir asks Ospak and his men where they had gotten the goods they were carrying. Ospak said that they had gotten them at Pambardal. "How did you come by them?" said Porir. Ospak answered, "They were not given, they were not paid to me, nor were they sold either." Ospak had earlier that evening raided the house of a farmer called Alf and made away with enough to burden four horses. And this was exactly what he told Porir when he wittily eliminated the other modes of transfer by which he could have acquired …
Judicial Criticism, James Boyd White
Judicial Criticism, James Boyd White
Articles
Today I shall talk about the criticism of judicial opinions, especially of constitutional opinions. This may at first seem to have rather little to do with our larger topic, "The Constitution and Human Values," but I hope that by the end I will be seen to be talking about that subject too. In fact I hope to show that in what I call our "criticism" our "values" are defined and made actual in most important ways.
Doctrine In A Vacuum: Reflections On What A Law School Ought (And Ought Not) To Be, James Boyd White
Doctrine In A Vacuum: Reflections On What A Law School Ought (And Ought Not) To Be, James Boyd White
Articles
I have written earlier in these pages about the expectations-the fears and hopes-that one can appropriately bring to law school. In this paper I speak to those who are immersed in the process of legal education, on one side of the podium or the other, and wish to say something of what I think it is, and can be, all about.
General Principles Of Civil Law Of The People's Republic Of China (Translation), Whitmore Gray, Henry R. Zheng
General Principles Of Civil Law Of The People's Republic Of China (Translation), Whitmore Gray, Henry R. Zheng
Articles
(Adopted April 12, 1986, at the Fourth Session of the Sixth National People's Congress, to take effect on January 1, 1987.)'