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Articles 781 - 810 of 839
Full-Text Articles in Entire DC Network
The President, The Senate, The Constitution, And The Confirmation Process: A Reply To Professors Strauss And Sunstein, John O. Mcginnis
The President, The Senate, The Constitution, And The Confirmation Process: A Reply To Professors Strauss And Sunstein, John O. Mcginnis
Articles
No abstract provided.
Distressed Public Housing: Where Do We Go From Here?, Michael H. Schill
Distressed Public Housing: Where Do We Go From Here?, Michael H. Schill
Articles
No abstract provided.
Structures Of Subordination: Women Of Color At The Intersection Of Title Vii And The Nlra. Not!, Elizabeth M. Iglesias
Structures Of Subordination: Women Of Color At The Intersection Of Title Vii And The Nlra. Not!, Elizabeth M. Iglesias
Articles
No abstract provided.
Criminalizing The American Juvenile Court, Barry C. Feld
Criminalizing The American Juvenile Court, Barry C. Feld
Articles
Progressive reformers envisioned a therapeutic juvenile court that made individualized treatment decisions in the child's "best interests." The Supreme Court's Gault decision provided the impetus for transforming the juvenile court from an informal welfare agency into a scaled-down criminal court. Since Gault, the juvenile court procedures increasingly resemble those of adult courts, although in some respects, such as assistance of counsel, juveniles receive less adequate protections. Judicial and legislative changes have altered the juvenile court's jurisdiction over noncriminal status offenders and serious young offenders-as the former are diverted from the system, the latter are transferred to adult criminal courts. Juvenile …
Are Rights The Right Thing? Individual Rights, Communitarian Purposes And America's Problems (Book Review), David Abraham
Are Rights The Right Thing? Individual Rights, Communitarian Purposes And America's Problems (Book Review), David Abraham
Articles
No abstract provided.
Drawing Lines In The Sea (Book Review), Bernard H. Oxman
Drawing Lines In The Sea (Book Review), Bernard H. Oxman
Articles
No abstract provided.
The Federal Role In Reducing Regulatory Barriers To Affordable Housing In The Suburbs, Michael H. Schill
The Federal Role In Reducing Regulatory Barriers To Affordable Housing In The Suburbs, Michael H. Schill
Articles
No abstract provided.
The United States Policy On Hiv Infected Aliens: Is Exclusion An Effective Solution, Christine N. Cimini
The United States Policy On Hiv Infected Aliens: Is Exclusion An Effective Solution, Christine N. Cimini
Articles
As of the summer of 1991, though the World Health Organization (WHO) had only 366,455 documented cases of Acquired Immune Deficiency Syndrome (AIDS), the organization estimated that as many as 1.25 million people worldwide had actually contracted AIDS. That number was predicted to grow to twenty-five to thirty million cases of HIV worldwide by the year 2000. With hysteria and misinformation surrounding the transmission HIV/AIDS, Congress made changes to existing immigration laws to exclude entry to individuals with HIV. This comment critiques the early 1990s United States immigration policy that added HIV to the list of diseases for which a …
Multiculturalism, Majoritarianism, And Educational Choice: What Does Our Constitutional Tradition Have To Say?, Michael W. Mcconnell
Multiculturalism, Majoritarianism, And Educational Choice: What Does Our Constitutional Tradition Have To Say?, Michael W. Mcconnell
Articles
No abstract provided.
Tuskegee Modern, Or Group Rights Under The Constitution, Richard A. Epstein
Tuskegee Modern, Or Group Rights Under The Constitution, Richard A. Epstein
Articles
No abstract provided.
Deconcentrating The Inner City Poor, Michael H. Schill
The Duty To Respect Generally Accepted International Standards, Bernard H. Oxman
The Duty To Respect Generally Accepted International Standards, Bernard H. Oxman
Articles
No abstract provided.
Democratizing America Through Law, Cass R. Sunstein
Justice By Geography: Urban, Suburban, And Rural Variations In Juvenile Justice Administration, Barry C. Feld
Justice By Geography: Urban, Suburban, And Rural Variations In Juvenile Justice Administration, Barry C. Feld
Articles
Despite statutes and rules of statewide applicability, juvenile justice administration varies consistently with urban, suburban, and rural social structure and context. In urban counties, which are more heterogenous and diverse, juvenile justice intervention is more formal, bureaucratized, and due process-oriented. Formality is associated with greater severity in pre-trial detention and sentencing practices. By contrast, in more homogeneous and stable rural counties, juvenile courts are procedurally less formal and sentence youths more leniently. The Article explores the implications of "justice by geography" for juvenile justice policy.
The Transformation Of The Juvenile Court, Barry C. Feld
The Transformation Of The Juvenile Court, Barry C. Feld
Articles
Ideological changes in the cultural conception of children and in strategies of social control during the nineteenth century led to the creation of the juvenile court. At the dawn of the twentieth century, Progressive reformers applied the new theories of social control to the new ideas about childhood and created a social welfare alternative to criminal courts to treat criminal and noncriminal misconduct by youth.
Paradoxes Of The Regulatory State, Cass R. Sunstein
Republicanism And The Preference Problem, Cass R. Sunstein
Republicanism And The Preference Problem, Cass R. Sunstein
Articles
No abstract provided.
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.
Self-Determination In The Arab-Israeli Conflict: Meaning, Myth, And Politics, Malvina Halberstam
Self-Determination In The Arab-Israeli Conflict: Meaning, Myth, And Politics, Malvina Halberstam
Articles
No abstract provided.
Hegel And Employment At Will: A Comment, Richard A. Posner
Hegel And Employment At Will: A Comment, Richard A. Posner
Articles
No abstract provided.
Bad Law Makes Hard Cases: Reflections On Teen-Aged Axe-Murderers, Judicial Activism, And Legislative Default, Barry C. Feld
Bad Law Makes Hard Cases: Reflections On Teen-Aged Axe-Murderers, Judicial Activism, And Legislative Default, Barry C. Feld
Articles
Waiver legislation in Minnesota, as in most other States, typically requires juvenile court judges to make individualized determinations as to a juvenile's amenability to treatment and danger to society as the basis for deciding whether to transfer the juvenile to adult court for disposition. Disposition in adult court allows for a more severe sanction than that permitted under the maximum sentence that can be dispensed in juvenile court. The difficulty and disparity in applying this waiver law lies in the discretion given to juvenile justice judges and the diverse criteria applied in judicial decisionmaking, both in the juvenile court and …
Empirical Studies In Civil Procedure: A Selected Annotated Bibliography, Michael G. Chiorazzi, Barbara A. Baccari, Karen R. Cashion, Christopher R. Hart, Donald M. Nielsen, Charles M. North, William T. O'Neil
Empirical Studies In Civil Procedure: A Selected Annotated Bibliography, Michael G. Chiorazzi, Barbara A. Baccari, Karen R. Cashion, Christopher R. Hart, Donald M. Nielsen, Charles M. North, William T. O'Neil
Articles
No abstract provided.
Some Modest Proposals On The Vice-Presidency, Richard D. Friedman
Some Modest Proposals On The Vice-Presidency, Richard D. Friedman
Articles
There are many good things in the Constitution, but the vice-presidency isn't one of them. In Part I of this essay, I will argue that there are three basic problems with the vice-presidency: the method of nomination, the method of election, and the office itself. That just about covers the waterfront.' If we had to do it all over again, we almost certainly would not" create the system we currently have. We cannot undo history, but we do have a very strong incentive to develop a better system of succession to the presidency. Whom we choose as vice-president is a …
Beyond The Rule Of Law: Civic Virtue And Constitutional Structure, Richard A. Epstein
Beyond The Rule Of Law: Civic Virtue And Constitutional Structure, Richard A. Epstein
Articles
No abstract provided.
The Antinomies Of Poverty Law And A Theory Of Dialogic Empowerment, Anthony V. Alfieri
The Antinomies Of Poverty Law And A Theory Of Dialogic Empowerment, Anthony V. Alfieri
Articles
No abstract provided.
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 …
Failed Pragmatism: Reflections On The Burger Court Commentaries, Albert W. Alschuler
Failed Pragmatism: Reflections On The Burger Court Commentaries, Albert W. Alschuler
Articles
No abstract provided.
The Twelve-Person, Unanimous Jury: Does It Have More Than History To Recommend It?, Richard O. Lempert
The Twelve-Person, Unanimous Jury: Does It Have More Than History To Recommend It?, Richard O. Lempert
Articles
My focus today will be on the twelve-person unanimous jury and on the contrasts between such juries and six-person juries or twelve-person juries than can return verdicts by ten-two or nine-three votes. Until about fifteen years ago, it appeared that the sixth and seventh amendments required all federal juries to have twelve members who reached unanimous verdicts, and it appeared possible that the Supreme Court would force the states to conform to the federal standards. Instead, the court did almost the opposite. It sanctioned juries as small as size six in state criminal cases and federal civil cases, and it …
Will The Federal Courts Of Appeals Survive Until 1984?: An Essay On Delegation And Specialization Of The Judicial Function, Richard A. Posner
Will The Federal Courts Of Appeals Survive Until 1984?: An Essay On Delegation And Specialization Of The Judicial Function, Richard A. Posner
Articles
No abstract provided.
The Changing Plea Bargaining Debate, Albert Alschuler