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Articles 4891 - 4920 of 7467
Full-Text Articles in Entire DC Network
Honoring The Legacies Of Justices William J. Brennan, Jr., And Justice Thurgood Marshall, Geoffrey R. Stone
Honoring The Legacies Of Justices William J. Brennan, Jr., And Justice Thurgood Marshall, Geoffrey R. Stone
Articles
No abstract provided.
International Agreements, Internal Heterogeneity, And Climate Change: The Two Chinas Problem, Daniel Abebe, Jonathan Masur
International Agreements, Internal Heterogeneity, And Climate Change: The Two Chinas Problem, Daniel Abebe, Jonathan Masur
Articles
No abstract provided.
Reunifying Privacy Law, Lior Strahilevitz
Reunifying Privacy Law, Lior Strahilevitz
Articles
In the years since Samuel Warren and Louis Brandeis proposed a unified theory of invasion of privacy tort liability, American information privacy law became increasingly fragmented and decreasingly coherent. William Prosser's 1960 article, Privacy, which heavily influenced the Restatement of Torts, endorsed and hastened this trend toward fragmentation, which spread from tort law to the various statutory branches of information privacy law. This Article argues for the reunification of information privacy law in two connected ways. First, Prosser's fragmented privacy tort should be replaced with a unitary tort for invasion of privacy that looks to the private or public nature …
The Second Great Awakening: A Christian Nation?, Geoffrey R. Stone
The Second Great Awakening: A Christian Nation?, Geoffrey R. Stone
Articles
No abstract provided.
Economic Costs Of Inequality, Richard H. Mcadams
Is Carolene Products Obsolete?, David A. Strauss
Constitutions And Capabilities: A (Necessarily) Pragmatic Approach, Diane P. Wood
Constitutions And Capabilities: A (Necessarily) Pragmatic Approach, Diane P. Wood
Articles
No abstract provided.
A Lot To Ask (Reviewing Martha Nussbaum, From Disgust To Humanity: Sexual Orientation And Constitutional Law (2010)), Mary Anne Case
A Lot To Ask (Reviewing Martha Nussbaum, From Disgust To Humanity: Sexual Orientation And Constitutional Law (2010)), Mary Anne Case
Articles
No abstract provided.
Kafka: The Writer As Lawyer (Reviewing Stanley Corngold, Jack Greenberg & Benno Wagner, Eds., Franz Kafka: The Office Writings (2009)), Richard A. Posner
Kafka: The Writer As Lawyer (Reviewing Stanley Corngold, Jack Greenberg & Benno Wagner, Eds., Franz Kafka: The Office Writings (2009)), Richard A. Posner
Articles
No abstract provided.
Carbon Dioxide: Our Newest Pollutant, Richard A. Epstein
Carbon Dioxide: Our Newest Pollutant, Richard A. Epstein
Articles
No abstract provided.
Bleak Prospects: How Health Care Reform Has Failed In The United States, Richard A. Epstein
Bleak Prospects: How Health Care Reform Has Failed In The United States, Richard A. Epstein
Articles
This Article examines the probable fate that awaits the systematic implementation of ObamaCare. Any effort to pile a massive new transfer and entitlement program on top of a hundred years of previous reforms is likely to fall prey to the law of diminishing marginal utility of additional forms of government intervention. That consequence is all the more likely for legislation that has strong redistributivist objectives but which lacks any techniques for dealing with the massive costs increases embedded in the program. A recent history of the Massachusetts health care initiative provides some indication of the inability to constrain costs except …
Modeling The Effects Of Peremptory Challenges On Jury Selection And Jury Verdicts, Roger Ford
Modeling The Effects Of Peremptory Challenges On Jury Selection And Jury Verdicts, Roger Ford
Articles
No abstract provided.
The Arbitrator As Agent: Why Deferential Review Is Not Always Pro-Arbitration, Tom Ginsburg
The Arbitrator As Agent: Why Deferential Review Is Not Always Pro-Arbitration, Tom Ginsburg
Articles
No abstract provided.
Easterbrook On Academic Freedom, Aziz Huq
Predicting Crime, M. Todd Henderson, Justin Wolfers, Eric Zitzewitz
Predicting Crime, M. Todd Henderson, Justin Wolfers, Eric Zitzewitz
Articles
Prediction markets have been proposed for a variety of public policy purposes, but no one has considered their application in perhaps the most obvious policy area.: crime. This Article proposes and examines the use of prediction markets to forecast crime rates and the potential impact on crime policy, such as changes in resource allocation, policing strategies, sentencing, post-conviction treatment, and so on. First, we argue that prediction markets are especially useful in crime rate forecasting and criminal policy analysis because information relevant to decisionmakers is voluminous, dispersed, and difficult to process efficiently. After surveying the current forecasting practices and techniques, …
Lincoln The Dictator, Dennis J. Hutchinson
Computer Forensics Technologies For Personally Identifiable Information Detection And Audits, Yin Pan, Bill Stackpole, Luther Troell
Computer Forensics Technologies For Personally Identifiable Information Detection And Audits, Yin Pan, Bill Stackpole, Luther Troell
Articles
Identity theft has become more prevalent in recent years; about 10 million incidents occur each year.1 IT professionals must understand the need for personally identifiable information (PII) discovery to protect themselves and their company from the civil, legal and financial liabilities caused by data loss. As documents migrate to digital form from hard copy, sensitive personal information gets stored in a variety of places digitally. National and international laws are in place requiring companies to search for confidential data to ensure compliance. Some US examples include the Family Educational Rights and Privacy Act (FERPA) and the Health Insurance Portability and …
Student Workers: The Untapped Resource For Library Professions, Charlene Maxey-Harris, Jeanne G. Cross, Thomas Mcfarland
Student Workers: The Untapped Resource For Library Professions, Charlene Maxey-Harris, Jeanne G. Cross, Thomas Mcfarland
Articles
For years libraries have hired hundreds of student workers to maintain crucial functions in the library. Without student workers, libraries cannot provide essential services to the university community. Yet limited research exists on how libraries have developed professional career tracks for student workers and library staff. Investigators from the University of Nebraska-Lincoln and Southern Illinois University Carbondale developed a survey to determine what portion of library employees started as student workers and to what extent there is career mobility within academic libraries. Librarians and staff were surveyed and participated in focus groups to share stories about their start in libraries. …
Conley V. Gibson's "No Set Of Facts" Test: Neither Cancer Nor Cure, Wendy Gerwick Couture
Conley V. Gibson's "No Set Of Facts" Test: Neither Cancer Nor Cure, Wendy Gerwick Couture
Articles
No abstract provided.
Sustainability Starts Locally: Untying The Hand Of Local Governments To Create Sustainable Economies, Jerrold A. Long
Sustainability Starts Locally: Untying The Hand Of Local Governments To Create Sustainable Economies, Jerrold A. Long
Articles
No abstract provided.
Pulling Teeth: The State Of Mandatory Immigration Detention, Geoffrey Heeren
Pulling Teeth: The State Of Mandatory Immigration Detention, Geoffrey Heeren
Articles
No abstract provided.
Promoting Public Health Through Clinical Legal Education: Initiatives In South Africa, Thailand, And Ukraine, Tamar Ezer
Promoting Public Health Through Clinical Legal Education: Initiatives In South Africa, Thailand, And Ukraine, Tamar Ezer
Articles
No abstract provided.
The Human Rights Of Non-Citizens. By David Weissbrodt. (Book Review), Caroline Bettinger-López, Bassina Farbenblum
The Human Rights Of Non-Citizens. By David Weissbrodt. (Book Review), Caroline Bettinger-López, Bassina Farbenblum
Articles
No abstract provided.
Collective Bargaining Agreements In Corporate Reorganizations, Andrew B. Dawson
Collective Bargaining Agreements In Corporate Reorganizations, Andrew B. Dawson
Articles
Congress enacted § 1113 to the Bankruptcy Code in 1984 in order to establish a standard for the rejection of Collective Bargaining Agreements. But the statute's ambiguous language has caused a split between the Second and Third Circuits, and has precipitated a lengthy academic debate largely centered on the interpretation of one word: "necessary." This debate has focused on proper statutory interpretation as well as deeper concerns regarding the policy goals behind the Bankruptcy Code. The present study reports data that indicate that the different interpretations are irrelevant in practice. No matter how "necessary" is defined, the result is always …
Low Stakes And Constitutional Interpretation, Adam M. Samaha
Low Stakes And Constitutional Interpretation, Adam M. Samaha
Articles
Many of us engage in debates, sometimes intense debates, over the proper method of constitutional interpretation for judges. This Essay offers six reasons to believe that these debates involve low stakes, in the sense that the choice among competing methods will not determine outcomes in a significant number of important cases. These reasons involve mainstream constraints, overlapping results, indeterminate results, intolerable results, interpretation without decision, and inconsequential decisions. After a suitably brief investigation of theoretical and experimental resources on low-stakes decision making, the Essay suggests how debates over constitutional interpretation by judges might proceed if more people become convinced that …
On Law's Tiebreakers, Adam M. Samaha
On Law's Tiebreakers, Adam M. Samaha
Articles
Tiebreakers are familiar tools for decisionmaking. Ready examples include penalty shootouts in soccer matches and vice presidents breaking tie votes in the Senate. But we lack a precise understanding of the concept and a normative theory for the use of tiebreakers. This Article strictly defines a tiebreaker as a kind of lexically inferior decision rule and then builds justifications for tiebreaking decision structures. Concentrating on situations in which ties are considered intolerable, the Article suggests methods for either preventing ties or designing sensible tiebreakers. As to the latter, tradeoffs are identified for the use of random variables, morally relevant variables, …
Private Regulation And Foreign Conduct, Adam I. Muchmore
Private Regulation And Foreign Conduct, Adam I. Muchmore
Articles
No abstract provided.
The Cost Of Time: Haphazard Discounting And The Undervaluation Of Regulatory Benefits, Arden Rowell
The Cost Of Time: Haphazard Discounting And The Undervaluation Of Regulatory Benefits, Arden Rowell
Articles
When performing cost-benefit analyses, regulators typically use willingness- to-pay studies to determine how much to spend to avert risks. Because money has a time-value, when a risk is valued is inextricable from how much it is valued. Unfortunately, the studies on which regulators rely are insensitive to this fact: they elicit people's willingness to pay for risk reductions without identifying the time at which the risk reduction will occur. Relying on these time-indeterminate studies has led to a systematic skew in regulatory cost-benefit analysis, toward the undervaluation of risks to human lives. Insofar as cost-benefit analyses inform regulation, this suggests …
Pre-Employment Screening And Investigation: Navigating Between A Rock And A Hard Place, Stephen F. Befort
Pre-Employment Screening And Investigation: Navigating Between A Rock And A Hard Place, Stephen F. Befort
Articles
No abstract provided.
The Role Of The Human Rights Committee In Interpreting And Developing Humanitarian Law, David Weissbrodt
The Role Of The Human Rights Committee In Interpreting And Developing Humanitarian Law, David Weissbrodt
Articles
No abstract provided.