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Articles 4141 - 4170 of 7467
Full-Text Articles in Entire DC Network
Wealth Transfer Tax Planning For 2013 And Beyond, John A. Miller
Wealth Transfer Tax Planning For 2013 And Beyond, John A. Miller
Articles
No abstract provided.
Resilience In Transboundary Water Governance: The Okavango River Basin, Barbara Cosens
Resilience In Transboundary Water Governance: The Okavango River Basin, Barbara Cosens
Articles
When the availability of a vital resource varies between times of overabundance and extreme scarcity, management regimes must manifest flexibility and authority to adapt while maintaining legitimacy. Unfortunately, the need for adaptability often conflicts with the desire for certainty in legal and regulatory regimes, and laws that fail to account for variability often result in conflict when the inevitable disturbance occurs. Additional keys to resilience are collaboration among physical scientists, political actors, local leaders, and other stakeholders, and, when the commons is shared among sovereign states, collaboration between and among institutions with authority to act at different scales or with …
Idahoans Aren't Getting The Legal Help They Need, Patrick D. Costello
Idahoans Aren't Getting The Legal Help They Need, Patrick D. Costello
Articles
No abstract provided.
A Look Inside The Butler’S Cupboard: Fiction Writers’ Insights On How The External World Reveals Internal State Of Mind In Appellate Briefs, Cathren Page
Articles
By studying the scene through the eyes of the client and the witnesses, the attorney can not only evoke this psychological subtext, but can also weave relevant and probative details into the statement of facts and the argument and elicit such detail at trial. For instance, in a case involving a car accident, the weather, the temperature, the time of day, the traffic on the road, and the color of the cars, signs, and traffic lights can be relevant as to the degree that a driver was negligent. Similarly, in a case involving child neglect, the smell of a home, …
Assessing Legal Advocacy To Advance Roma Health In Macedonia, Romania, And Serbia, Tamar Ezer
Assessing Legal Advocacy To Advance Roma Health In Macedonia, Romania, And Serbia, Tamar Ezer
Articles
Across Europe, Roma suffer extreme marginalisation, negatively impacting their health. Many cannot access healthcare at all. For others, the health system is a hostile place. At the same time, good legal frameworks are in place to protect health rights, and there is increasing recognition of systemic violations experienced by Roma. Essential to building on this momentum and closing the gap between standards and implementation is Roma ability to conduct legal advocacy. Since 2010, the Open Society Foundations has supported Roma engagement in Macedonia, Romania and Serbia in the following advocacy strategies: i) legal empowerment, ii) documentation and advocacy, iii) media …
Community Education And Access To Justice In A Time Of Scarcity: Notes From The West Grove Trolley Garage Case, Anthony V. Alfieri
Community Education And Access To Justice In A Time Of Scarcity: Notes From The West Grove Trolley Garage Case, Anthony V. Alfieri
Articles
No abstract provided.
"He Is The Darkey With The Glasses On": Race Trials Revisited, Anthony V. Alfieri
"He Is The Darkey With The Glasses On": Race Trials Revisited, Anthony V. Alfieri
Articles
No abstract provided.
Do Sexually Violent Predator Laws Violate Double Jeopardy Or Substantive Due Process? An Empirical Inquiry, Tamara Rice Lave, Justin Mccrary
Do Sexually Violent Predator Laws Violate Double Jeopardy Or Substantive Due Process? An Empirical Inquiry, Tamara Rice Lave, Justin Mccrary
Articles
No abstract provided.
Empirical Fallacies Of Evidence Law: A Critical Look At The Admission Of Prior Sex Crimes, Tamara Rice Lave, Aviva Orenstein
Empirical Fallacies Of Evidence Law: A Critical Look At The Admission Of Prior Sex Crimes, Tamara Rice Lave, Aviva Orenstein
Articles
In a significant break with traditional evidence rules and policies, Federal Rules of Evidence 413-414 allow jurors to use the accused's prior sexual misconduct as evidence of character and propensity to commit the sex crime charged. As reflected in their legislative history, these propensity rules rest on the assumption that sexual predators represent a small number of highly deviant and recidivistic offenders. This view of who commits sex crimes justified the passage of the sex-crime propensity rules and continues to influence their continuing adoption among the states and the way courts assess such evidence under Rule 403. In depending on …
A Match Made On Earth: Getting Real About Science And The Law, Susan Haack
A Match Made On Earth: Getting Real About Science And The Law, Susan Haack
Articles
Modern legal systems increasingly depend on scientific testimony; but they also need somehow to ensure, so far as possible, that fact-finders aren't misled by highly speculative, poorly-conducted, or dishonestly-presented science. The Critical Common-sensist understanding of science that the author has developed in Defending Science and elsewhere sheds some light on why these interactions between law and science have proven so problematic. But Ms. Acharya's approach to these difficult issues rests on a flawed conception of the supposed "scientific method, " and an idea of legal "legitimacy" too weak to bear the weight she places on it; and her claim that …
Sworn To Fun, Loyal To None: Time Inconsistent Preferences In Investment Banking, Richard W. Painter
Sworn To Fun, Loyal To None: Time Inconsistent Preferences In Investment Banking, Richard W. Painter
Articles
No abstract provided.
Teaching Law Students, Judges, And The Community: Rational Sentencing Policies, Robert Levy
Teaching Law Students, Judges, And The Community: Rational Sentencing Policies, Robert Levy
Articles
I devoted a great deal of my teaching energy during the last ten years of my tenure at the University of Minnesota Law School to a course I called the Sentencing Workshop. The Workshop provided a unique opportunity for law students and judges to learn from each other about the intricacies, the successes and failures of the American criminal justice sentencing structure and practice. I will describe it in three phases: initially, to give some context, I will report a dramatic Workshop discussion which occurred the fth or sixth year the course was o ered. A short summary of the …
Saving Small-Employer Health Insurance, Amy B. Monahan, Daniel Schwarcz
Saving Small-Employer Health Insurance, Amy B. Monahan, Daniel Schwarcz
Articles
No abstract provided.
Rethinking The Law Firm Organizational Form And Capitalization Structure, Edward S. Adams
Rethinking The Law Firm Organizational Form And Capitalization Structure, Edward S. Adams
Articles
The goal of this Article is to examine the partnership model and advocate for a change in the Model Rules that would allow for public ownership of law firms, and to make disclosure of firm financials a mandatory requirement for all firms with over 100 lawyers. Part II explores the history and evolution of limited liability and law firm structures in the United States. Part III discusses incorporated law firms and MDPs and how they might benefit U.S. law firms. Part IV looks at the developments in the United Kingdom and Australia and the forces of globalization that have an …
Contract Texts, Contract Teaching, Contract Law: Comment On Lawrence Cunningham, Contracts In The Real World, Brian H. Bix
Contract Texts, Contract Teaching, Contract Law: Comment On Lawrence Cunningham, Contracts In The Real World, Brian H. Bix
Articles
Lawrence Cunningham's Contracts in the Real World offers a good starting place for necessary conversations about how contract law should be taught, and, more generally, for when and how cases--in summary form or in longer excerpts--are useful in teaching the law. This Article tries to offer some reasons for thinking that their prevalence may reflect important truths about contract law in particular and law and legal education in general.
Cyber-Conflict, Cyber-Crime, And Cyber-Espionage, David Weissbrodt
Cyber-Conflict, Cyber-Crime, And Cyber-Espionage, David Weissbrodt
Articles
Computers and the Internet have changed and are continuing to change the way governments, militaries, businesses, and other organs of society manage their activities. While computers can improve efficiency, they are vulnerable to cyber-attack, cyber-crime, and cyber-espionage. 1 The international community, states, and businesses are still adapting to the unique set of challenges posed by cyber-attack, cyber-crime, and cyber-espionage. States are creating military operations that specialize in cyber-attack and defense to adapt to these relatively new threats to national security operations. 2
Behind Closed Doors: What Really Happens When Cops Question Kids, Barry C. Feld
Behind Closed Doors: What Really Happens When Cops Question Kids, Barry C. Feld
Articles
Police interrogation raises difficult legal, normative, and policy questions because of the State's need to solve crimes and obligation to protect citizens' rights. These issues become even more problematic when police question juveniles. For more than a century, justice policies have reflected two competing visions of youth: vulnerable and immature versus responsible and adult-like. A century ago, Progressive reformers emphasized youths' immaturity and created a separate juvenile court to shield children from criminal trials and punishment. 2 By the end of the twentieth century, lawmakers adopted "get tough" policies, which equated adolescents with adults and punished youths more severely. 3 …
The Youth Discount: Old Enough To Do The Crime, Too Young To Do The Time, Barry C. Feld
The Youth Discount: Old Enough To Do The Crime, Too Young To Do The Time, Barry C. Feld
Articles
In a trilogy of cases, the Supreme Court applied the Eighth Amendment to the entire category of juvenile offenders, repudiated its “death is different” jurisprudence, and required states to consider youthfulness as a mitigating factor in sentencing. Roper v. Simmons prohibited states from executing offenders for murder they committed when younger than eighteen years of age.1 Roper reasoned that immature judgment, susceptibility to negative influences, and transitory personalities reduced youths’ culpability and barred the most severe sentence.2 Graham v. Florida extended Roper’s diminished responsibility rationale and prohibited states from imposing life without parole (LWOP) sentences on youths convicted of nonhomicide …
Unpacking The Force Of Law, Kristin Hickman
Law Schools And The Continuing Growth Of The Legal Profession, Herbert M. Kritzer
Law Schools And The Continuing Growth Of The Legal Profession, Herbert M. Kritzer
Articles
In most countries for which data are available, the size of the legal profession has continued to grow over the last 40 plus years. This continued growth reflects the perceived attractiveness of a career as a legal professional (i.e., the demand) and the incentives of the institutions that provide legal education, and hence serve as primary gatekeepers, to maintain or increase the number of students they enroll. In some countries, perhaps most prominently the United States, structural changes in the opportunities for careers in the legal profession are likely to put pressure on law schools that could result in changes …
Private Enforcement, Steven B. Burbank, Sean Farhang, Herbert M. Kritzer
Private Enforcement, Steven B. Burbank, Sean Farhang, Herbert M. Kritzer
Articles
Our aim in this paper, which was prepared for an international conference on comparative procedural law to be held in July 2011, is to advance understanding of private enforcement of statutory and administrative law in the United States, and, to the extent supported by the information that colleagues abroad have provided, of comparable phenomena in other common law countries. Seeking to raise questions that will be useful to those who are concerned with regulatory design, we briefly discuss aspects of American culture, history, and political institutions that reasonably can be thought to have contributed to the growth and subsequent development …
It's The Law Schools Stupid! Explaining The Continuing Increase In The Number Of Lawyers, Herbert M. Kritzer
It's The Law Schools Stupid! Explaining The Continuing Increase In The Number Of Lawyers, Herbert M. Kritzer
Articles
Many countries around the world have experienced sharp increases in the number of legal professionals over the last 40 to 50 years. In this paper, I focus on the role of the gatekeepers which in most countries today are the institutions that provide education and training for those hoping to enter the profession. I argue that while the profession may have an incentive to control the “production of producers,” the educational institutions do not share this incentive. While this argument has been made previously, in this paper I seek to draw out the implications of the institutional incentives, both with …
The Trials And Tribulations Of Counting "Trials", Herbert M. Kritzer
The Trials And Tribulations Of Counting "Trials", Herbert M. Kritzer
Articles
This paper was prepared for the 2012 Clifford Symposium honoring Marc Galanter which was held at DePaul Law School. One aspect of Galanter’s recent work is on the phenomenon he labeled the “vanishing trial.” In this paper I examine the problems that arise when one seeks to count the number of trials. I show that the definition of a trial, other than a jury trial, is highly ambiguous. There are many trial-like events taking place in venues we do not label “courts.” Even in the court setting, and even for jury trials, there are vast differences in when a trial …
Takings And Transmission, Alexandra B. Klass
Takings And Transmission, Alexandra B. Klass
Articles
Ever since the Supreme Court's controversial 2005 decision in Kelo v. City of New London, courts, state legislatures, and the public have scrutinized eminent domain actions like never before. Such scrutiny has focused, for the most part, on the now-controversial “economic development” or “public purpose” takings involved in Kelo. By contrast, until recently, there has been little change in law or public opinion with regard to takings involving publicly owned projects such as schools, post offices, and other government buildings, or “use by the public” takings that condemn land for railroad lines, electric transmission lines, or other infrastructure projects. However, …
Inferring Desire, Jessica A. Clarke
Inferring Desire, Jessica A. Clarke
Articles
In the course of debates over same-sex marriage, many scholars have proposed new legal definitions of sexual orientation to better account for the role of relationships in constituting identities. But these discussions have overlooked a large body of case law in which courts are already applying this model of sexual orientation, with inequitable results. This Article examines a set of fifteen years of sexual harassment decisions in which courts have endeavored to determine the sexual orientations of alleged harassers. Under federal law, sexual harassment is actionable because it is a subspecies of sex discrimination. A man who makes unwanted sexual …
Litigation's Regulatory Pathways And The Administrative State: Lessons From U.S. And Australian Climate Change Governance, Hari Osofsky, Jacqueline Peel
Litigation's Regulatory Pathways And The Administrative State: Lessons From U.S. And Australian Climate Change Governance, Hari Osofsky, Jacqueline Peel
Articles
The administrative state struggles to address massive, complex problems such as ameliorating the financial crisis, preventing terrorism, or responding to climate change. These problems cut across levels of government — local, state, national, international — and substantive areas of law. Yet our governance structures, for the most part, are not designed to deal well with issues that involve multiple types of governance authority and institutions. A burgeoning literature by leading U.S. scholars describes this problem and proposes solutions. These analyses often include some case law, but their primary focus has been on the legislative and executive branches in the United …
Formation And Stability Of An Oil In Water Emulsion Containing Lecithin, Xanthan Gum And Sunflower Oil, Mark Traynor, Roisin Burke, Jesus Maria Frias, Edurne Gaston, Catherine Barry-Ryan
Formation And Stability Of An Oil In Water Emulsion Containing Lecithin, Xanthan Gum And Sunflower Oil, Mark Traynor, Roisin Burke, Jesus Maria Frias, Edurne Gaston, Catherine Barry-Ryan
Articles
The optimisation of the formation and stability of an oil in water emulsion containing lecithin, xanthan gum and sunflower oil was evaluated using Response Surface Methodology (RSM) and nonlinear regression. The main and combined effects of three independent variables; concentration of sunflower oil (10-20% v/v), soy lecithin (1-5% w/v) and xanthan gum (0.01-3% w/v) on the responses were examined. The main objectives of the study were to model and optimise maximum emulsion storage stability and to study interactive effects of emulsion ingredient. Emulsion stability and mean droplet diameter were measured over 14 days of storage using an image processing procedure …
Model For Interdisciplinary Collaboration In Packaging Design, Lorrie Frear, Alex Lobos, Sandra Turner
Model For Interdisciplinary Collaboration In Packaging Design, Lorrie Frear, Alex Lobos, Sandra Turner
Articles
This paper explores a studio course in packaging design within Rochester Institute of Technology, which touches on three key elements: First, the course is designed as an interdisciplinary studio comprised of fourth year and graduate students in graphic design, industrial design and packaging science, allowing them to refine skills in their own disciplines while expanding their breadth in other methods of thinking. This model, commonly called “T-shape” profile, is crucial in today’s professional practice (Design Council 2006). Second, the course involves a Fortune 500 company sponsor, who challenges students to develop packaging solutions in an internal design competition. While collaborations …
Neuroscience, Mental Privacy, And The Law, Francis X. Shen
Neuroscience, Mental Privacy, And The Law, Francis X. Shen
Articles
Will brain science be used by the government to access the most private of spaces — our minds — against our wills? Such scientific tools would have tremendous privacy implications if the government suddenly used brain science to more effectively read minds during police interrogations, criminal trials, and even routine traffic stops. Pundits and scholars alike have thus explored the constitutional protections that citizens, defendants, and witnesses would require to be safe from such mind searching. Future-oriented thinking about where brain science may lead us can make for great entertainment and can also be useful for forward-thinking policy development. But …
An Empirical Analysis Of Case Outcomes Under The Ada Amendments Act, Stephen F. Befort
An Empirical Analysis Of Case Outcomes Under The Ada Amendments Act, Stephen F. Befort
Articles
Congress enacted the ADA Amendments Act (ADAAA) in order to override four Supreme Court decisions that had narrowly restricted the scope of those protected by the Americans with Disabilities Act (ADA) and to provide "a national mandate for the elimination of discrimination." This article undertakes an empirical examination of the impact of the ADAA on case outcomes. The recent reported cases provide a unique opportunity for such an examination since, with the ADAAA not retroactively applicable to cases pending prior to its effective date, courts have been simultaneously deciding cases under both the pre-amendment and post-amendment standards. This study examines …