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Articles 721 - 750 of 839
Full-Text Articles in Entire DC Network
U.S. Constitutional Law--Federal Jurisdiction---Environmental Law--Maritime Law--State Regulation Of Shipping For Pollution--Control Purposes--Federal Preemption United States V. Locke. 120 S.Ct. 1135. Supreme Court Of The United States, March 6, 2000., Patrick O. Gudridge
Articles
No abstract provided.
From Poor Law To Immigration Law: Changing Visions Of Territorial Community In Antebellum Massachusetts, Kunal Parker
From Poor Law To Immigration Law: Changing Visions Of Territorial Community In Antebellum Massachusetts, Kunal Parker
Articles
No abstract provided.
Transit Of Straits And Archipelagic Waters By Military Aircraft, Bernard H. Oxman
Transit Of Straits And Archipelagic Waters By Military Aircraft, Bernard H. Oxman
Articles
The UN Convention on the Law of the Sea balances the interests of states in ways that are more refined than the classic summa divisio between the free high seas and territorial waters. The result for aviation is the preservation of freedom of overflight for civil and military aircraft seaward of the territorial sea in the exclusive economic zone as on the high seas beyond, and the right of such aircraft to transit archipelagic waters as well as straits comprised of territorial seas and internal waters. A proper understanding of the scope of these rights and their relationship to the …
Atalanta's Apples: The Values Of Multiplicity, Mary Anne Case
Atalanta's Apples: The Values Of Multiplicity, Mary Anne Case
Articles
No abstract provided.
Strategic Directions In Legal Education For Idaho: The Report Of A Special Panel Appointed By The President Of The University Of Idaho, Donald L. Burnett Jr.
Strategic Directions In Legal Education For Idaho: The Report Of A Special Panel Appointed By The President Of The University Of Idaho, Donald L. Burnett Jr.
Articles
No abstract provided.
Expanding Directions, Exploding Parameters: Culture And Nation In Latcrit Coalitional Imagination, Elizabeth M. Iglesias, Francisco Valdes
Expanding Directions, Exploding Parameters: Culture And Nation In Latcrit Coalitional Imagination, Elizabeth M. Iglesias, Francisco Valdes
Articles
No abstract provided.
Whiteness And Remedy: Under-Ruling Civil Rights In Walker V. City Of Mesquite, Martha R. Mahoney
Whiteness And Remedy: Under-Ruling Civil Rights In Walker V. City Of Mesquite, Martha R. Mahoney
Articles
No abstract provided.
Deliberating About Dollars: The Severity Shift Empirical Study, Cass R. Sunstein, Daniel Kahneman, David Schkade
Deliberating About Dollars: The Severity Shift Empirical Study, Cass R. Sunstein, Daniel Kahneman, David Schkade
Articles
How does jury deliberation affect the predeliberation judgments of individual jurors? In this paper we make progress on that question by reporting the results of a study of over 500 mock juries composed of over 3000 jury eligible citizens. Our principal finding is that with respect to dollars, deliberation produces a "severity shift," in which the jury's dollar verdict is systematically higher than that of the median of its jurors' predeliberation judgments. A "deliberation shift analysis" is introduced to measure the effect of deliberation. The severity shift is attributed to a "rhetorical asymmetry," in which arguments for higher awards are …
Institutionalizing Economic Justice: A Latcrit Perspective On The Imperatives Of Linking The Reconstruction Of "Community" To The Transformation Of Legal Structures That Institutionalize The Depoliticization And Fragmentation Of Labor/Community Solidarity, Elizabeth M. Iglesias
Articles
No abstract provided.
Making Bricks Without Straw: The Naacp Legal Defense Fund And The Development Of Civil Rights Law In Alabama 1940-1980, U. W. Clemon, Bryan K. Fair
Making Bricks Without Straw: The Naacp Legal Defense Fund And The Development Of Civil Rights Law In Alabama 1940-1980, U. W. Clemon, Bryan K. Fair
Articles
No abstract provided.
Panel Two Commentary, Marci A. Hamilton
Memorial: Margaret Althea Goldblatt (1948-2000), Margaret A. Leary
Memorial: Margaret Althea Goldblatt (1948-2000), Margaret A. Leary
Articles
Margaret Goldblatt, who died on June 15, 2000, in Cape Town, South Africa, after a year-long battle with cancer, was a rare combination of librarian and entrepreneur. She had both a sense of humor and a sense of professionalism that endeared her to those who knew her. Many of her colleagues knew her only through telephone and e-mail communications, for she worked the last several years from the office of Ward and Associates, located in the home she shared with her husband Peter Ward and her two children, Clea Goldblatt, age 21, and Zachary Ward, age 11.
A Presumption Of Innocence, Not Of Even Odds, Richard D. Friedman
A Presumption Of Innocence, Not Of Even Odds, Richard D. Friedman
Articles
Now I know how the Munchkins felt. Here I have been, toiling in the fields of Evidenceland for some years, laboring along with others to show how use of Bayesian probability theory can assist in the analysis and understanding of evidentiary problems.' In doing so, we have had to wage continuous battle against the Bayesioskeptics-the wicked witches who deny much value, even heuristic value, for probability theory in evidentiary analysis.2 Occasionally, I have longed for law-and-economics scholars to help work this field, which should be fertile ground for them.3 So imagine my delight when the virtual personification of law and …
Amatory Jurisprudence And The Querelle Des Lois, Peter Goodrich
Amatory Jurisprudence And The Querelle Des Lois, Peter Goodrich
Articles
It is my view, and here, no doubt, I am pre-empting my conclusion, that what literary and feminist historicism recognizes as the querelle des femmes, the debate as to the status and political role of women, is in fact underpinned and motivated by a much less explicit, yet nonetheless portentous, querelle des lois. The querelle des femmes, in other words, was always a polemic as to the legal status of women, as to their definition and role in theology and jurisprudence, canon and civil law. More than that, however, what the recovery of amatory jurisprudence can help to show is …
The Enlightenment Case For Vouchers, John O. Mcginnis
Lessons From A Debacle: From Impeachment To Reform, Cass R. Sunstein
Lessons From A Debacle: From Impeachment To Reform, Cass R. Sunstein
Articles
No abstract provided.
What Is A Human Right? Universals And The Challenge Of Cultural Relativism, Paul Dubinsky, Jeremy Waldron, Tracy Higgins, Michel Rosenfeld, Ruti Teitel
What Is A Human Right? Universals And The Challenge Of Cultural Relativism, Paul Dubinsky, Jeremy Waldron, Tracy Higgins, Michel Rosenfeld, Ruti Teitel
Articles
The article explores the tension between the universality of human rights and the challenges posed by cultural relativism, emphasizing the need to reconcile these perspectives to address human rights violations effectively. While human rights are foundational and inherent to all individuals, their application must navigate cultural, moral, and legal complexities. The discussion highlights the importance of dialogue and adaptability in upholding universal principles while respecting diverse contexts.
The Inter-Organisational Relationships In Irish Tourism: The Example Of Lough Derg, Kevin Griffin
The Inter-Organisational Relationships In Irish Tourism: The Example Of Lough Derg, Kevin Griffin
Articles
The data presented in this paper are drawn from research work carried out by the author into the operation and organisation of Irish tourism at a local level. In carrying out this work 104 tourism operators were surveyed in detail in order to assess their attitudes and opinions on a number of issues. The two dominant themes which emerged from this research were the highly varied nature of the tourism operations and the multitude of service providers with whom they interact. The purpose of this paper is to illustrate this diversity of Inter-organisational Relationships (IORs) and to propose an organisational …
The (Limited) Role Of Regulatory Harmonization In International Goods And Services Markets, Alan O. Sykes
The (Limited) Role Of Regulatory Harmonization In International Goods And Services Markets, Alan O. Sykes
Articles
With the conclusion of the Uruguay Round and its agreements relating to technical barriers, much attention has been devoted to the possibility of harmonizing international regulatory policies to reduce the impediments to commerce that result from regulatory heterogeneity. This paper argues that, as a normative matter, harmonization is inferior to a legal system that tolerates regulatory differences subject to legal constraints, and that relies on mutual recognition where appropriate (the exception to this claim being matters of technical compatibility between products). Related, as a positive matter, harmonization will often lack any political constituency and thus instances of true harmonization will …
The Questionable Empirical Basis Of Article 2'S Incorporation Strategy: A Preliminary Study, Lisa Bernstein
The Questionable Empirical Basis Of Article 2'S Incorporation Strategy: A Preliminary Study, Lisa Bernstein
Articles
No abstract provided.
Licensing: Permission Slips In Corporate And Fourth Amendment Law, Saul Levmore
Licensing: Permission Slips In Corporate And Fourth Amendment Law, Saul Levmore
Articles
No abstract provided.
Preparing For Oral Argument In The United States Supreme Court, Richard Henry Seamon
Preparing For Oral Argument In The United States Supreme Court, Richard Henry Seamon
Articles
No abstract provided.
A Matter Of Prostitution: Becoming Respectable, Beverly Balos, Mary Louise Fellows
A Matter Of Prostitution: Becoming Respectable, Beverly Balos, Mary Louise Fellows
Articles
Feminists have achieved significant antiviolence legal reforms in the areas of domestic abuse, sexual harassment, and rape over the past three decades. These reforms, however, have reinforced old borders between the traditional categories of violence and prostitution and have constructed new borders by maintaining the distinction between worthy and unworthy women. Despite these flaws, the law reform efforts have the capacity to transform the legal and social meaning of prostitution. By adopting an approach that transcends consent or coercion and private or public, Professors Fellows and Balos use the concept of respectability to introduce an analytically powerful framework for rethinking …
Sub-Regional, Regional And International Co-Operation In Responding To And Deterring Transboundary Marine Pollution, Bernard H. Oxman
Sub-Regional, Regional And International Co-Operation In Responding To And Deterring Transboundary Marine Pollution, Bernard H. Oxman
Articles
No abstract provided.
What Law Librarians Collect, Frank Houdek, Penny A. Hazelton
What Law Librarians Collect, Frank Houdek, Penny A. Hazelton
Articles
Law librarians describe their personal collections—what they collect for fun, not for their libraries.
Penny Hazelton's contribution, Postage Stamps, begins on page 601.
Observations On The Interpretation And Application Of Article 43 Of Unclos With Particular Reference To The Straits Of Malacca And Singapore, Bernard H. Oxman
Observations On The Interpretation And Application Of Article 43 Of Unclos With Particular Reference To The Straits Of Malacca And Singapore, Bernard H. Oxman
Articles
No abstract provided.
Against Cyberanarchy, Jack L. Goldsmith
Juvenile And Criminal Justice Systems' Responses To Youth Violence, Barry C. Feld
Juvenile And Criminal Justice Systems' Responses To Youth Violence, Barry C. Feld
Articles
Within the past decade, nearly every state has amended its juvenile code in response to perceived increases in serious, persistent, and violent youth crime. These changes diminish the jurisdiction of juvenile courts as judicial decisions and statutory changes transfer more youths from juvenile courts to criminal courts so that young offenders can be sentenced as adults. Amendments to juvenile sentencing laws increase the punitiveness of sanctions available to juvenile court judges. Other strategies attempt to "blend," or merge, juvenile and criminal court jurisdiction and sentencing authority over violent young offenders. These "get tough" policies affect the numbers and types of …
The Empire Strikes Back, A. Michael Froomkin
Race Trials, Anthony V. Alfieri