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Articles 3331 - 3360 of 3914
Full-Text Articles in Entire DC Network
The Third United Nations Conference On The Law Of The Sea: The Tenth Session (1981), Bernard H. Oxman
The Third United Nations Conference On The Law Of The Sea: The Tenth Session (1981), Bernard H. Oxman
Articles
No abstract provided.
Beyond Sindell: Relaxation Of Cause-In-Fact Rules For Indeterminate Plaintiffs, Richard Delgado
Beyond Sindell: Relaxation Of Cause-In-Fact Rules For Indeterminate Plaintiffs, Richard Delgado
Articles
Discusses a doctrine the Sindell rule enabling plaintiffs to shift the burden of proof onto several defendants when all of them have exposed him or her to a risk which has eventuated but the plaintiff is uncertain which one is to blame for the injury Proposes extending this rule in the mirorimage case when an indeterminate plaintiff is one of several living in a locality who have suffered similar injuries some of which may be due to natural causes but others of which are known to be attributable to the defendant such as a polluter who has caused an increase …
Reformation Of Wills On The Ground Of Mistake: Change Of Direction In American Law?, John H. Langbein, Lawrence W. Waggoner
Reformation Of Wills On The Ground Of Mistake: Change Of Direction In American Law?, John H. Langbein, Lawrence W. Waggoner
Articles
Although it has been "axiomatic" that our courts do not entertain suits to reform wills on the ground of mistake, appellate courts in California, New Jersey, and New York have decided cases within the last five years that may presage the abandonment of the ancient "no-reformation" rule. The new cases do not purport to make this fundamental doctrinal change, although the California Court of Appeal in Estate of Taff and the New Jersey Supreme Court in Engle v. Siegel did expressly disclaim a related rule, sometimes called the "plain meaning" rule. That rule, which hereafter we will call the "no-extrinsic-evidence …
Court Rulemaking In Washington State, Hugh D. Spitzer
Court Rulemaking In Washington State, Hugh D. Spitzer
Articles
Reviews the history and approach to court rule making in Washington State. Critiques the Washington Supreme Court’s weakening of the Judicial Council and the Court’s assumption of control of aspects of rulemaking that might better be handled by a Judicial Council or the Legislature.
I Remember Them Well, Marian Gallagher, Julius J. Marke, Arthur A. Charpentier
I Remember Them Well, Marian Gallagher, Julius J. Marke, Arthur A. Charpentier
Articles
We who have undertaken the task of translating our AALL memories of personalities into words should not be viewed by our readers as having been present at the Narragansett Pier organizational meeting. We date from the early forties. No one now living can take any of us back to 1906. What we know of our early people we have gleaned from the Law Library Journal, and so should you, for we shall not talk of them. Ours is to be personal recollection, and we have known enough remarkable people to be content with that. Nor shall we talk of …
The Fifth Amendment, Self-Incrimination, And Foreign Prosecution: The Saga Of The Ryuyo Maru, Jeff M. Feldman
The Fifth Amendment, Self-Incrimination, And Foreign Prosecution: The Saga Of The Ryuyo Maru, Jeff M. Feldman
Articles
In 1979, the M/V Ryuyo Maru No. 2, a Japanese fishing vessel, went aground off the coast of Alaska. During the course ofthe United States Coast Guard's investigation into the cause of themarine casualty, the captain of the vessel and several seamen attempted to avoid giving testimony at the Coast Guard inquest onthe ground that their testimony would tend to incriminate the munder the law of Japan. The ensuing litigation' over the extent towhich the fifth amendment protects witnesses from compulsory self-incrimination where the sole threat of criminal prosecution is by a foreign government contributes to a recent line of …
The Moralist As Expert Witness, Richard Delgado, Peter Mcallen
The Moralist As Expert Witness, Richard Delgado, Peter Mcallen
Articles
No abstract provided.
Book Review (Reviewing David M. Smith, Ed., English Episcopal Acta I: Lincoln 1067-1185 (1980)), Richard H. Helmholz
Book Review (Reviewing David M. Smith, Ed., English Episcopal Acta I: Lincoln 1067-1185 (1980)), Richard H. Helmholz
Articles
No abstract provided.
A Right To Every Woman's Evidence, Richard O. Lempert
A Right To Every Woman's Evidence, Richard O. Lempert
Articles
I am indeed honored to be here with you today, honored to be joining you next year as Iowa's first Mason Ladd Visiting Distinguished Professor of Law, and honored to be giving the first Mason Ladd Lecture. The honor lies not just in the recognition you accord me, but also in the linkage to the man in whose name this recognition is given.
The Historical Origins And Economic Structure Of Workers' Compensation Law, Richard A. Epstein
The Historical Origins And Economic Structure Of Workers' Compensation Law, Richard A. Epstein
Articles
No abstract provided.
The Constitution In The Supreme Court: 1789-1801, David P. Currie
The Constitution In The Supreme Court: 1789-1801, David P. Currie
Articles
No abstract provided.
The Constitution In The Supreme Court: 1789-1801, David P. Currie
The Constitution In The Supreme Court: 1789-1801, David P. Currie
Articles
No abstract provided.
The Third United Nations Conference On The Law Of The Sea: The Ninth Session (1980), Bernard H. Oxman
The Third United Nations Conference On The Law Of The Sea: The Ninth Session (1980), Bernard H. Oxman
Articles
No abstract provided.
Curia Regis: Some Comments On The Divine Right Of Kings And Courts To Say What The Law Is, Philip B. Kurland
Curia Regis: Some Comments On The Divine Right Of Kings And Courts To Say What The Law Is, Philip B. Kurland
Articles
No abstract provided.
A Note On Products Of Infinite Cyclic Groups, Brendan Goldsmith
A Note On Products Of Infinite Cyclic Groups, Brendan Goldsmith
Articles
In his book [2], Fuchs introduces the notion of a subgroup X of a Specker group P being a product and goes on to establish a Lemma [2, Lemma 95.1] which yields a useful characterization of the quotient and enables an easy derivation of Nunke’s characterization of epimorphic images of the Specker group [4]. Unfortunately this Lemma is incorrect as we show in section 1. In section 2 by suitably strengthening the hypothesis we regain a characterization of the quotient. Throughout, all groups are additively written Abelian groups and our notation follows the standard works of Fuchs [1], [2].
Public Trust Protection For Stream Flows And Lake Levels, Ralph W. Johnson
Public Trust Protection For Stream Flows And Lake Levels, Ralph W. Johnson
Articles
The public trust doctrine and the appropriative water rights system are headed on a collision course in the West. Appropriators claim vested property rights to extract water for irrigation, mining, manufacturing and other uses. They further assert that under the appropriation doctrine such extractions can continue in perpetuity regardless of the consequences to navigation, fishery and other public values. The public, however, increasingly insists on more protection for environmental and ecological values, aesthetic quality and recreational opportunities, which on lakes and streams usually means leaving waters in place. As a result, the courts are being asked to apply legal doctrines …
Guardians Of The Constitution, Gerhard Casper
Automobile No-Fault Plans: A Second Look At First Principles, Richard A. Epstein
Automobile No-Fault Plans: A Second Look At First Principles, Richard A. Epstein
Articles
No abstract provided.
The Positive Economic Theory Of Tort Law, Richard A. Posner, William M. Landes
The Positive Economic Theory Of Tort Law, Richard A. Posner, William M. Landes
Articles
No abstract provided.
Direct Federal Regulation Of Stationary Sources Under The Clean Air Act, David P. Currie
Direct Federal Regulation Of Stationary Sources Under The Clean Air Act, David P. Currie
Articles
No abstract provided.
The Third United Nations Conference On The Law Of The Sea: The Eighth Session (1979), Bernard H. Oxman
The Third United Nations Conference On The Law Of The Sea: The Eighth Session (1979), Bernard H. Oxman
Articles
No abstract provided.
National Labor Policy: Reflections And Distortions Of Social Justice, Theodore J. St. Antoine
National Labor Policy: Reflections And Distortions Of Social Justice, Theodore J. St. Antoine
Articles
The impulse behind much of American labor law is profoundly moral. The sufferings and indignities inflicted on working men, women, and even children as the industrial revolution enveloped the western world during the nineteenth and early twentieth centuries led many thoughtful observers to focus their attention on what was commonly called the "social question." Certain issues have been treated almost as if they posed questions of good and evil, when all they actually presented were problems of finding a proper balance of power between labor and management. This article shall develop these themes in several specific contexts.
Does Rome Have A Lesson For Us?, Hugh D. Spitzer
Does Rome Have A Lesson For Us?, Hugh D. Spitzer
Articles
As the Roman Empire became more complex and centralized, so did its law and legal system. Is there a message here for us?
Crumbling Of The Wills Act: Australians Point The Way, John H. Langbein
Crumbling Of The Wills Act: Australians Point The Way, John H. Langbein
Articles
No abstract provided.
Metcalf-Hatch Repeal Means Lab Accountability, Henry Spira
Metcalf-Hatch Repeal Means Lab Accountability, Henry Spira
Articles
No abstract provided.
The Irrelevance Of The Constitution: The First Amendment's Freedom Of Speech And Freedom Of Press Clauses, Philip B. Kurland
The Irrelevance Of The Constitution: The First Amendment's Freedom Of Speech And Freedom Of Press Clauses, Philip B. Kurland
Articles
No abstract provided.
Privacy, Secrecy, And Reputation, Richard A. Posner
Plea Bargaining And Its History, Albert W. Alschuler
Possession As The Root Of Title, Richard A. Epstein
Some Uses And Abuses Of Economics In Law, Richard A. Posner
Some Uses And Abuses Of Economics In Law, Richard A. Posner
Articles
No abstract provided.