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Articles 4651 - 4680 of 7467
Full-Text Articles in Entire DC Network
Plain Meaning In Context: Can Law Survive Its Own Language?, Richard A. Epstein
Plain Meaning In Context: Can Law Survive Its Own Language?, Richard A. Epstein
Articles
No abstract provided.
Detention And Deportation With Inadequate Due Process: The Devastating Consequences Of Juvenile Involvement With Law Enforcement For Immigrant Youth, Elizabeth Frankel
Detention And Deportation With Inadequate Due Process: The Devastating Consequences Of Juvenile Involvement With Law Enforcement For Immigrant Youth, Elizabeth Frankel
Articles
No abstract provided.
An Economic Interpretation Of The Pashtunwali, Tom Ginsburg
An Economic Interpretation Of The Pashtunwali, Tom Ginsburg
Articles
No abstract provided.
Youth Work As A Public Good: Older Teenager's Experiences Of Youth Services In Dulbin, Matt Bowden, Kerri Lanigan
Youth Work As A Public Good: Older Teenager's Experiences Of Youth Services In Dulbin, Matt Bowden, Kerri Lanigan
Articles
In the context of consumerism, individualism and the privatisation of young people’s leisure, youth work struggles to attract young people, especially those aged 15 to 9 years. Drawing from a study exploring young people’s perspectives on participation in youth services, it is argued that youth work offers a type of public and civic engagement that is not on offer from consumption-based activities. While certain activities attract young people into youth work, what maintains their participation is the sense of belonging they experience and the opportunity to participate meaningfully in decision making. In this regard the youth work sector needs to …
Price Fraud, Wendy Gerwick Couture
Fundamentals Of Wealth Transfer Tax Planning, John A. Miller
Fundamentals Of Wealth Transfer Tax Planning, John A. Miller
Articles
No abstract provided.
Interdisciplinary Methods In Water Resources, Maureen Laflin, Barbara Cosens
Interdisciplinary Methods In Water Resources, Maureen Laflin, Barbara Cosens
Articles
No abstract provided.
Rebecca J. Cook & Simone Cusack, Gender Stereotyping: Transnational Legal Perspectives Book Review, Zanita E. Fenton
Rebecca J. Cook & Simone Cusack, Gender Stereotyping: Transnational Legal Perspectives Book Review, Zanita E. Fenton
Articles
No abstract provided.
Federal Law In State Court: Judicial Federalism Through A Relational Lens, Charlton C. Copeland
Federal Law In State Court: Judicial Federalism Through A Relational Lens, Charlton C. Copeland
Articles
Enforcing federalism is most commonly thought to involve the search for a constitutional delegation of substantive power. Although in modern times the substantive power might be overlapping or shared authority, federalism enforcement proceeds from a determination about the site of substantive power. This conception of federalism enforcement preserves the Constitution's commitment to fractionated authority by determining whether power is legitimately possessed. Thus we understand significant federalism disputes in our age as framed by whether Congress has the authority to enact comprehensive health care reform legislation, or whether Congress has exceeded its authority in reenacting the Voting Rights Act's preclearance requirements. …
Unwilling Avatars: Idealism And Discrimination In Cyberspace, Mary Anne Franks
Unwilling Avatars: Idealism And Discrimination In Cyberspace, Mary Anne Franks
Articles
No abstract provided.
More Therapeutic, Less Collaborative? Asserting The Psychotherapist-Patient Privilege On Behalf Of Mature Minors, Bernard P. Perlmutter
More Therapeutic, Less Collaborative? Asserting The Psychotherapist-Patient Privilege On Behalf Of Mature Minors, Bernard P. Perlmutter
Articles
No abstract provided.
Critical Race Materialism: Theorizing Justice In The Wake Of Global Neoliberalism, Sumi Cho, Francisco Valdes
Critical Race Materialism: Theorizing Justice In The Wake Of Global Neoliberalism, Sumi Cho, Francisco Valdes
Articles
Critical Race Theory's (CRT's) first two decades produced a rich and diverse literature deconstructing law and society using a racial lens. CRT's emergence and rise occurred at a moment in history where the U.S. was still the uncontested unipolar superpower whose privileged elites enjoyed unprecedented prosperity and status. Despite its dominant standing in the world economy and polity, prevailing "social structures of accumulation" within the United States were already in decline. For CRT's next iteration, we argue that a critical race materialist approach is necessary to interpret the history of how economic and social structures of identity are inextricably linked. …
A Review Of The Evidence Germane To The Putative Protective Role Of The Macular Carotenoids For Age-Related Macular Degeneration, Sarah Sabour-Pickett, John Nolan, James Loughman, Stephen Beatty
A Review Of The Evidence Germane To The Putative Protective Role Of The Macular Carotenoids For Age-Related Macular Degeneration, Sarah Sabour-Pickett, John Nolan, James Loughman, Stephen Beatty
Articles
There is a consensus that age-related macular degeneration (AMD) is the result of (photo)- oxidative-induced retinal injury and its inflammatory sequelae, the latter being influenced by genetic background. The dietary carotenoids, lutein (L), zeaxanthin (Z), and meso-zeaxanthin (meso-Z), accumulate at the macula, where they are collectively known as macular pigment (MP). The anatomic (central retinal), biochemical (anti-oxidant) and optical (short-wavelength- filtering) properties of this pigment have generated interest in the biologically plausible rationale that MP may confer protection against AMD. Level 1 evidence has shown that dietary supplementation with broad-spectrum anti-oxidants results in risk reduction for AMD progression. Studies have …
Accommodating Employees With Disabilities: Perceptions Of Irish Academic Library Managers, Anne-Marie O'Neill, Christine Urquhart
Accommodating Employees With Disabilities: Perceptions Of Irish Academic Library Managers, Anne-Marie O'Neill, Christine Urquhart
Articles
In recent years a significant amount of the literature in the field of librarianship has focused on providing greater access to library facilities to clients with disabilities. There has been constructive debate about accessible buildings, ergonomic design of library facilities, and assistive technologies; but, what of individual people with disabilities who wish to work in libraries? Does the concern for accessibility extend to their employment in the library workplace? What is happening in Irish academic libraries to accommodate them in their employment and achieve equality of opportunities?
Federalizing Fiduciary Duty: The Altered Scope Of Officer Fiduciary Duty Following Orderly Liquidation Under Dodd-Frank, Dorothy Shapiro Lund
Federalizing Fiduciary Duty: The Altered Scope Of Officer Fiduciary Duty Following Orderly Liquidation Under Dodd-Frank, Dorothy Shapiro Lund
Articles
No abstract provided.
Regulation For The Sake Of Appearance, Adam M. Samaha
Regulation For The Sake Of Appearance, Adam M. Samaha
Articles
Appearance is often given as a justification for decisions, including government decisions, but the logic of appearance arguments is not well theorized. This Article develops a framework for understanding and evaluating appearance-based justifications for government decisions. First, working definitions are offered to distinguish appearance from reality. Next, certain relationships between appearance and reality are singled out for attention. Sometimes reality is insulated from appearance, sometimes appearance helps drive reality over time, and sometimes appearance and reality collapse from the outset. Finally, sets of normative questions are suggested based on the supposed relationship between appearance and reality for a given situation. …
Letting The Puppets Speak: Employee Voice In The Legislative History Of The Wagner Act, Laura J. Cooper
Letting The Puppets Speak: Employee Voice In The Legislative History Of The Wagner Act, Laura J. Cooper
Articles
Professor Kenneth G. Dau-Schmidt, in his keynote address in this Symposium, Promoting Employee Voice in the American Economy: A Call for Comprehensive Reform, 1 joins a chorus of other scholars when he identifies a lack of employee voice in the workplace as a fundamental deficiency of contemporary American labor relations and recommends initiatives to remedy the problem. 2 Today's scholarly critiques and proposals directed at the problem of employee voice echo a flurry of commentaries that appeared in the late 1980s and early 1990s. These earlier critics bemoaned the absence of employee workplace voice, viewed Section 8(a)(2) of the National …
Defining Torture And Cruel, Inhuman, And Degrading Treatment, David Weissbrodt, Cheryl Heilman
Defining Torture And Cruel, Inhuman, And Degrading Treatment, David Weissbrodt, Cheryl Heilman
Articles
Declaring a “war against terror,” the United States has detained foreign nationals suspected of terrorist activities and has interrogated them at various locations outside the United States. As the United States seeks to bring charges against the detainees, serious questions have arisen regarding the interrogation methods used to obtain evidence. Federal laws enacted to meet the United States' obligations under treaties prohibit the use of evidence obtained through torture or through cruel, inhuman, or degrading treatment. What legal standards should be applied to determine whether interrogation methods or conditions of confinement constitute torture or cruel, inhuman, or degrading treatment? Is …
Gendering Constitutional Design In Post-Conflict Societies, Dina Francesca Haynes, Fionnuala Ní Aoláin, Naomi Cahn
Gendering Constitutional Design In Post-Conflict Societies, Dina Francesca Haynes, Fionnuala Ní Aoláin, Naomi Cahn
Articles
Over the past quarter-century, many countries have experienced deeply divisive and highly destructive armed conflicts, ranging from Afghanistan to The Democratic Republic of Congo to Rwanda, East Timor, Northern Ireland, and the countries of the former Yugoslavia. Each of these countries is at a different point on the spectrum of emerging from and addressing the causes of conflicts. Moreover, with varying degrees of intervention and assistance from the international community, each is responding in highly differentiated ways to the challenges of emerging from conflict, as well as rebuilding or creating new institutions to allow movement forward.
Agency-Specific Precedents: Rational Ignorance Or Deliberate Strategy, Kristin Hickman
Agency-Specific Precedents: Rational Ignorance Or Deliberate Strategy, Kristin Hickman
Articles
No abstract provided.
The Antecedents Of Disputes: Complaining And Claiming, Herbert M. Kritzer
The Antecedents Of Disputes: Complaining And Claiming, Herbert M. Kritzer
Articles
This paper focuses on the earliest stages of the problem resolution function of law and legal institutions: the emergence of grievances and their communication to a responsible party as complaints and claims. While the literature on this subject is broad, both in terms of methods and in terms of the fairly large number of countries where empirical research on this subject has been conducted, it seems appropriate to ask the question, what do we know and not know about this subject? This paper seeks to answer this question and to suggest fruitful avenues of future inquiry. I first discuss the …
Legal Mechanic: Where Are We Going? The Generalist Vs. Specialist Challenge, Herbert M. Kritzer
Legal Mechanic: Where Are We Going? The Generalist Vs. Specialist Challenge, Herbert M. Kritzer
Articles
This is a review essay considering two books: 'The Death of the American Trial' by Robert P. Burns and 'Specializing the Courts' by Lawrence Baum. The organizing theme of the essay is the lay jurors represent one end of the spectrum of potential adjudicators with specialized courts and tribunals represent the other end of the spectrum. While Burns does not develop his argument in terms of specialization, a significant aspect of his argument is that there is value to relying on nonspecialist, lay adjudicators. Burns is an advocate for the trials, particularly jury trials; as such, he glosses over evidence …
Women, Vulnerability, And Humanitarian Emergencies, Fionnuala Ní Aoláin
Women, Vulnerability, And Humanitarian Emergencies, Fionnuala Ní Aoláin
Articles
The catastrophic dimensions of humanitarian emergencies are increasingly understood and more visible to states and international institutions. There is greater appreciation for the social, economic and political effects that follow in the short to long term from such catastrophes whatsoever their causes. Rhetorically too, there is some recognition of the gendered dimensions of humanitarian emergencies in policy and institutional contexts. It is generally acknowledged that women are more visible in the refugee and internally displaced communities that typically result from many humanitarian crises. Women, because of their acute care responsibilities in most societies, also disproportionately bear the brunt of familial …
Unilateral Alteration Of Public Sector Collective Bargaining Agreements And The Contract Clause, Stephen F. Befort
Unilateral Alteration Of Public Sector Collective Bargaining Agreements And The Contract Clause, Stephen F. Befort
Articles
As public sector budgets have waxed and waned in response to changes in the economic cycle over the past 30 years, public sector employers increasingly have sought to control personnel costs by resorting to measures such as wage freezes and furloughs. Not infrequently, those measures have pitted the viability of collective bargaining agreements against the ability of government to protect its coffers. This article examines those court decisions that have considered the reach of the contract clause in this setting over the past thirty years. Most of these courts properly have applied the principles established by the Supreme Court in …
Property Rights On The New Frontier: Climate Change, Natural Resource Development, And Renewable Energy, Alexandra B. Klass
Property Rights On The New Frontier: Climate Change, Natural Resource Development, And Renewable Energy, Alexandra B. Klass
Articles
This Article explores the history of natural resources law and pollution control law to provide insights into current efforts by states to create wind easements, solar easements, and other property rights in the use of or access to renewable resources. Development of these resources is critical to current efforts to address climate change, which has a foot in both natural resources law and pollution control law. This creates challenges for developing theoretical and policy frameworks in this area, particularly surrounding the role of property rights. Property rights have played an important role in both natural resources law and pollution control …
State Attorneys General's Use Of Concurrent Public Enforcement Authority In Federal Consumer Protection Laws, Amy Widman, Prentiss Cox
State Attorneys General's Use Of Concurrent Public Enforcement Authority In Federal Consumer Protection Laws, Amy Widman, Prentiss Cox
Articles
Recent scholarly and legislative interest in state enforcement of federal law has led to the need for an empirical understanding of how and when these enforcement powers are used. This article reports on an examination of the use by state attorneys general of sixteen federal consumer protection laws that expressly allow for state enforcement. The data are sorted and analyzed by both single state actions and multistate actions over time, and by the involvement of federal agencies in the state cases. The data reveal a measured use of such powers by state attorneys general and robust state and federal cooperation …
Reevaluating Standardized Insurance Policies, Daniel Schwarcz
Reevaluating Standardized Insurance Policies, Daniel Schwarcz
Articles
This Article empirically debunks the common claim that homeowners insurance policies do not vary across different insurance carriers. It demonstrates that different carriers' homeowners policies differ radically with respect to numerous important coverage provisions. It also reports that a substantial majority of these deviations produce decreases in the amount of coverage relative to the presumptive industry standard, though some deviations increase coverage. Additionally, the Article describes the surprising absence of any mechanisms by which even informed and vigilant consumers could comparison shop among carriers on the basis of differences in coverage. It closes by reviewing various regulatory and judicial options …
Will Employers Undermine Health Care Reform By Dumping Sick Employees?, Amy B. Monahan, Daniel Schwarcz
Will Employers Undermine Health Care Reform By Dumping Sick Employees?, Amy B. Monahan, Daniel Schwarcz
Articles
This Article argues that federal health care reform may induce employers to redesign their health plans so that low-risk employees retain employer-sponsored insurance (“ESI”) but high-risk employees opt out of ESI in favor of insurance available on the individual market. It shows that such a strategy would shift health care expenses for high-risk employees from employers and their low-risk employees to the public at large. Not only would this undermine the spirit of health care reform, but it would jeopardize the sustainability of the insurance exchanges that are designed to organize individual insurance markets starting in 2014. In particular, it …
Scientific Integrity: The Perils And Promise Of White House Administration, Heidi Kitrosser
Scientific Integrity: The Perils And Promise Of White House Administration, Heidi Kitrosser
Articles
This Article was written for a Fordham Law Review symposium on “Presidential Influence over Administrative Action, Recent Developments.” The Article explores developments in scientific integrity in the first two years of the Obama Administration. Specifically, it looks at the impact of “presidential administration” - that is, of top-down White House directives to administrative agencies - on scientific integrity. I define processes embodying scientific integrity as those designed to enable expert scientific findings to be presented without extra-scientific interference or distortion. Scientific integrity is a subset of information integrity. A system that facilitates information integrity is one that is relatively transparent …
Limits Of Dodd-Frank's Rating Agency Reform, Claire Hill
Limits Of Dodd-Frank's Rating Agency Reform, Claire Hill
Articles
The history of rating agency reform has not been inspiring. Until recently, it seemed stuck in an ever-repeating cycle of futility. A crisis would spur calls for reform, hearings would be conducted, the SEC would issue proposals and requests for comments, and ultimately, nothing would happen - until the next crisis, when the cycle would begin again. The Enron debacle, in which the rating agencies rated Enron’s debt investment grade until four days before Enron declared bankruptcy, did spur some action, including federal legislation and SEC regulations. Whatever else may be said about the Enron-spurred action, it failed to prevent …