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Articles 4921 - 4950 of 7467
Full-Text Articles in Entire DC Network
Custody Investigations In Divorce-Custody Litigation, Robert Levy
Custody Investigations In Divorce-Custody Litigation, Robert Levy
Articles
Divorce custody litigation has been a social success. Despite the continuing complaints of participants-judges, lawyers, social and behavioral experts, the parents-the vast majority of couples who want to terminate their marriages and allocate control and responsibility for their children have been able to accomplish their goals relatively efficiently. And, if the law and government actors have not been terribly successful or efficient in resolving parental custody disputes that the parents' lawyers have not been able to settle, it has not been for lack of trying. Custody litigation is difficult, emotional, and unrewarding, for all participants (even financially, lawyers claim, because …
The Social, Psychological, And Political Causes Of Racial Disparities In The American Criminal Justice System, Michael Tonry
The Social, Psychological, And Political Causes Of Racial Disparities In The American Criminal Justice System, Michael Tonry
Articles
No abstract provided.
Insurance Demand Anomalies And Regulation, Daniel Schwarcz
Insurance Demand Anomalies And Regulation, Daniel Schwarcz
Articles
No abstract provided.
Framing Justice: Media, Bias, And Legal Decisionmaking, Perry L. Moriearty
Framing Justice: Media, Bias, And Legal Decisionmaking, Perry L. Moriearty
Articles
During the 1990s, the news media saturated the American public with stories and images of glassy-eyed, teenaged “superpredators,” who allegedly killed and maimed for sport. These violent, dark and “morally impoverished” youth were running wild in our city streets was the message, and unless we did something, they would destroy the very moral fabric of our society. Drawing on recent social science studies, which demonstrate that the graphic and racialized content of crime news coverage can increase consumers’ cognitive bias in imperceptible, but determinative ways, I argue that exposure to the “superpredator” narrative may have had a discernable impact on …
The Trademark Fair Use Reform Act, William Mcgeveran
The Trademark Fair Use Reform Act, William Mcgeveran
Articles
Sweeping assertions of exclusive trademark rights in brand names and images have a pernicious chilling effect on free expression, including fictional portrayals, commentary, political speech, parody, and comparative advertising. Some disputes lead to lawsuits. More often, speakers capitulate to litigation threats, even when the substance of the legal claims they face is very weak. As demonstrated in the author’s previous work, existing trademark “fair use” doctrines are not simple defenses that end suits quickly and cheaply, and many defendants cannot bear the resulting costs of protracted litigation.Observers have proposed a variety of improvements to trademark fair use, but this Article …
Examining The Real Demand For Legal Services, Herbert M. Kritzer
Examining The Real Demand For Legal Services, Herbert M. Kritzer
Articles
Legal needs studies repeatedly show that low and modest income Americans obtain legal assistance for only a small percentage of their legal needs. This is taken to demonstrate a failing of the American justice system. However, relying on several older studies and research conducted outside the United States, one finds that there is little relationship between income and obtaining legal assistance once one controls for type of legal problem (and amount at stake). This paper argues that in thinking about legal needs, one must have a realistic baseline and the simple count of legal problems does not provide that baseline; …
State Standards For Nationwide Products Revisited: Federalism, Green Building Codes, And Appliance Efficiency Standards, Alexandra B. Klass
State Standards For Nationwide Products Revisited: Federalism, Green Building Codes, And Appliance Efficiency Standards, Alexandra B. Klass
Articles
This Article considers the federal preemption of state standards for building appliances and places the issue within the ongoing federalism debate over the role of state standards for “nationwide products” such as automobiles, pharmaceuticals, and other consumer products. Notably, residential, commercial, and industrial buildings make up approximately 40 percent of total U.S. energy demand and the same percentage of U.S. carbon dioxide (CO2) emissions, while the appliances within those buildings are responsible for 70 percent of building energy use, making appliance efficiency a central component of any national effort to reduce energy use and greenhouse gas (GHG) emissions. For decades …
Let's Try This Again: The Ada Amendments Act Of 2008 Attempts To Reinvigorate The "Regarded As" Prong Of The Statutory Definition Of Disability, Stephen F. Befort
Let's Try This Again: The Ada Amendments Act Of 2008 Attempts To Reinvigorate The "Regarded As" Prong Of The Statutory Definition Of Disability, Stephen F. Befort
Articles
Congress initially enacted the ADA in 1990 as a seemingly expansive civil rights statute aimed at eradicating disability discrimination. A key component of the ADA’s anti-discrimination formula is that it extends protection not only to those individuals who are currently disabled, but also to those individuals who are “regarded as” disabled. By this extension, Congress sought to curb “society’s accumulated myths and fears about disability.” Beginning in the late 1990’s, a judicial backlash highlighted by four Supreme Court cases narrowly interpreted the ADA’s “disability” standing requirement and undercut the statute’s effectiveness. Operating in a “let’s try this again” mode, Congress …
Berle's Vision Beyond Shareholder Interests: Why Investment Bankers Should Have (Some) Personal Liability, Claire Hill, Richard W. Painter
Berle's Vision Beyond Shareholder Interests: Why Investment Bankers Should Have (Some) Personal Liability, Claire Hill, Richard W. Painter
Articles
This paper, published in a symposium on the work of Adolf Berle, approaches the Berle-Dodd debate from the perspective that corporate managers have responsibilities beyond pursuing the interests of shareholders. Stock based executive compensation, designed to align managers’ interests with those of shareholders, has, in the investment banking industry in particular, failed to avert, and may have caused, managers to take excessive risks that in the 2008 financial crisis inflicted great damage on creditors and on society as a whole. We describe here the broad outlines of a proposal that we will discuss in future publications in more detail to …
Regulating Consumer Demand In Insurance Markets, Daniel Schwarcz
Regulating Consumer Demand In Insurance Markets, Daniel Schwarcz
Articles
In recent years, it has become increasingly clear that Expected Utility Theory (EUT) is a remarkably poor theory of how and why individuals purchase insurance. However, the normative implications of this conclusion have remained largely unexplored. This Article takes up this issue. It argues that many observed deviations from EUT are likely the result of mistakes, in the sense that consumers would act differently than they do if they possessed perfect information and cognitive resources. From this perspective, regulatory interventions designed to improve consumer decision-making about insurance are potentially desirable. At the same time, the Article argues that some deviations …
Regulating Insurance Sales Or Selling Insurance Regulation?: Against Regulatory Competition In Insurance, Daniel Schwarcz
Regulating Insurance Sales Or Selling Insurance Regulation?: Against Regulatory Competition In Insurance, Daniel Schwarcz
Articles
In both corporate and banking law, firms are empowered to select from a limited menu of options the regulatory regimes that will govern them. Two recent proposals would reform the regulation of property, casualty and life insurance markets by empowering insurers to make similar choices among multiple regulators. This Article argues that such regulatory competition is undesirable. Insurers operating in such a regime would tend to choose the least intrusive regulators, irrespective of whether doing so benefited consumers, third-parties, or even the collective interests of insurers themselves. The resulting decrease in regulatory scrutiny would, in fact, harm insurance markets and …
Concepts, Categories, And Compliance In The Regulatory State, Kristin Hickman, Claire Hill
Concepts, Categories, And Compliance In The Regulatory State, Kristin Hickman, Claire Hill
Articles
Law is, of course, always a product of its history. But for some regimes, history matters both more and differently than for others. In some instances, the requirements and scope of a regulatory regime’s coverage are sufficiently attenuated from statutory text and purpose that they can only be explained or understood by reference to history. At its (perhaps caricatured) extreme, such a regime is one in which regulated parties expend significant efforts attempting to comply with the law and often succeed in complying at the most minimal level possible, to the point that compliance is perceived as optional and, to …
Why Did Rating Agencies Do Such A Bad Job Rating Subprime Securities?, Claire Hill
Why Did Rating Agencies Do Such A Bad Job Rating Subprime Securities?, Claire Hill
Articles
Why did rating agencies do such a bad job rating subprime securities? The conventional answer draws heavily on the fact that ratings are paid for by the issuers: Issuers could, and do, “buy” high ratings from willing sellers, the rating agencies. The conventional answer cannot be wholly correct or even nearly so. Issuers also pay rating agencies to rate their corporate bond issues, yet very few corporate bond issues are rated AAA. If the rating agencies were selling high ratings, why weren’t high ratings sold for corporate bonds? Moreover, for some types of subprime securities, a particular rating agency’s rating …
Optimal Fines For False Patent Marking, Thomas F. Cotter
Optimal Fines For False Patent Marking, Thomas F. Cotter
Articles
Since January 1, 2010, plaintiffs have filed over three hundred lawsuits under 35 U.S.C. § 292, the false patent marking statute. Fueled in large part by recent Federal Circuit case law embracing an expansive interpretation of the statute, this uptick has alarmed some observers, who fear that patent owners whose products bear the numbers of expired or inapplicable patents could be liable for, literally, billions of dollars in fines. While Congress and the courts consider various responses, one issue that has failed to attract much notice thus far is the question of how to calculate appropriate fines for marking violations. …
Returning Home: Women In Post-Conflict Societies, Naomi Cahn, Dina Francesca Haynes, Fionnuala Ní Aoláin
Returning Home: Women In Post-Conflict Societies, Naomi Cahn, Dina Francesca Haynes, Fionnuala Ní Aoláin
Articles
This paper explores the situation of women returning to their homes and communities after their countries have experienced major conflicts. In that context, it assesses the range of barriers and challenges that women face and offers some thinking to addresses and remedy these complex issues. As countries face the transition process, they can begin to measure the conflict’s impact on the population and the civil infrastructure. Not only have people been displaced from their homes, but, typically, health clinics, schools, roads, businesses, and markets have deteriorated substantially. While the focus is on humanitarian aid in the midst of and during …
Climate Change, Carbon Sequestration, And Property Rights, Alexandra B. Klass, Elizabeth J. Wilson
Climate Change, Carbon Sequestration, And Property Rights, Alexandra B. Klass, Elizabeth J. Wilson
Articles
This Article considers the role of property rights in efforts to sequester underground hundreds of millions of tons of carbon dioxide (CO2) per year from power plants and other industrial facilities in order to mitigate climate change. This technology, known as carbon capture and sequestration (CCS), could provide deep emission cuts, particularly from coal power generation, on a worldwide basis. In order to implement this technology, future CCS operators must be able to access hundreds of millions of acres of "pore space" roughly a kilometer below the earth's surface in which to store CO2 for hundreds to thousands of years. …
The Invisible Hand Of Preacquired Account Marketing, Prentiss Cox
The Invisible Hand Of Preacquired Account Marketing, Prentiss Cox
Articles
Preacquired account marketing is a sales practice that allows companies to charge consumers for services they do not know they ordered and do not use. The practice depends on a seller's ability to access a consumer's financial account without the consumer directly providing her account number and other access information to that seller. This flips the power dynamic in the solicitation process by shifting the burden to the consumer to stop the seller from accessing her account, rather than requiring the seller to ask the consumer for her account information before her account can be charged. This is possible because …
If You Build It, They Will Come: Preserving Tribal Sovereignty In The Face Of Indian Casinos & The New Premium On Tribal Membership, Suzianne Painter-Thorne
If You Build It, They Will Come: Preserving Tribal Sovereignty In The Face Of Indian Casinos & The New Premium On Tribal Membership, Suzianne Painter-Thorne
Articles
This Article considers recent disputes over membership decisions made by American Indian tribal governments. Since Congress passed the Indian Gaming Regulatory Act in 1988, Indian casinos have flourished on some tribal reservations. Some argue that the new wealth brought by casinos has increased fights over membership as tribes seek to expel current members or refuse to admit new members. It is difficult to discern whether there are more disputes over tribal enrollment as a consequence of gaming or whether such disputes are now more public because gaming has brought tribes to the forefront of U.S. culture. What is clear is …
Gendered Imprisonment In Japan: An Examination Of Imprisonment For Stimulant Drug Offenses, Christopher W. Mullins, Garrett Grothoff
Gendered Imprisonment In Japan: An Examination Of Imprisonment For Stimulant Drug Offenses, Christopher W. Mullins, Garrett Grothoff
Articles
Japan is well known as a society that has not only low crime rates but also for using incarceration sparingly, sending few convicted offenders to prison. Yet, certain crimes, such as drug offenses, receive little leniency in the Japanese criminal justice system. Johnson (1996b) found empirical support for both a chivalry and evil woman effect in the system’s treatment of female drug offenders. This paper reexamines and extends the core issues in Johnson’s (1996b) exploration of women’s imprisonment in Japan. It traces the patterns in female incarceration where data is available from the post-war period until 2004. It specifically examines …
Applying Geographic Information Systems To Support Strategic Environmental Assessment: Opportunities And Limitations In The Context Of Irish Land-Use Plans, Ainhoa Gonzalez, Alan Gilmer, Ronan Foley, John Sweeney, John Fry
Applying Geographic Information Systems To Support Strategic Environmental Assessment: Opportunities And Limitations In The Context Of Irish Land-Use Plans, Ainhoa Gonzalez, Alan Gilmer, Ronan Foley, John Sweeney, John Fry
Articles
The strengthening of spatial database infrastructures, further promoted by the INSPIRE Directive adopted in 2007, has led to an increased use of spatial data in planning and decision-making. Given that land-use plans are intrinsically spatial, such evidence and approaches can significantly benefit plan-making. A spatial framework could especially support the specific Strategic Environmental Assessment (SEA) aspects of the plan-making process. Spatial tools such as Geographic Information Systems (GIS) are particularly well-placed to support the environmental integration sought in SEA by providing evidence through the spatial assessment of multiple environmental datasets. Moreover, GIS bring the opportunity to augment conventional assessment techniques …
Simple Design Technique For A Triangular Fbg Filter Based On A Linearly Chirped Grating, Qiang Wu, Gerald Farrell, Yuliya Semenova
Simple Design Technique For A Triangular Fbg Filter Based On A Linearly Chirped Grating, Qiang Wu, Gerald Farrell, Yuliya Semenova
Articles
A novel and simple design technique for triangular spectrum response of fibre Bragg grating (FBG) is presented based on a linear chirped grating. It is shown that this method is fast and can give a straightforward solution to meet a design target. The numerical simulation examples verified the effectiveness of the design method. A general approach to design for multichannel triangular spectral responses for FBG filters is proposed, which provides a solution that achieves a minimum change of refractive index for the fibre.
Macular Pigment And Its Contribution To Visual Performance And Experience, James Loughman, Peter Davison, John Nolan, Mukunda Akkali, Stephen Beatty
Macular Pigment And Its Contribution To Visual Performance And Experience, James Loughman, Peter Davison, John Nolan, Mukunda Akkali, Stephen Beatty
Articles
There is now a consensus, based on histological, biochemical and spectral absorption data, that the yellow colour observed at the macula lutea is a consequence of the selective accumulation of dietary xanthophylls in the central retina of the living eye. Scientifi c research continues to explore the function(s) of MP in the human retina, with two main hypotheses premised on its putative capacity to (1) protect the retina from (photo)-oxidative damage by means of its optical fi ltration and/or antioxidant properties, the so-called protective hypothesis and (2) infl uence the quality of visual performance by means of selective short wavelength …
Solar Simulated Radiation Induced Cell Death Depends On Spectral Distribution And Irradiance But Not Output Delivery, Alanna Maguire, Fiona Lyng, James Walsh
Solar Simulated Radiation Induced Cell Death Depends On Spectral Distribution And Irradiance But Not Output Delivery, Alanna Maguire, Fiona Lyng, James Walsh
Articles
Photo biological investigations are dependent on calibration and characterisation to determine the relevance of an artificial irradiator to the study at hand. The importance of this has been voiced in the literature. However, the importance of output delivery is relatively unknown. The biological relevance of a high energy, rapidly pulsing solar simulator was investigated using the clonogenic assay and was found to be reciprocity law compliant despite an exaggerated UV irradiance in excess of 1600 Wm-2 delivered per pulse. In fact, it was found to be the least cytotoxic irradiator compared to a second solar simulator and a UVB fluorescent …
Taking Initiatives: Reconciling Race, Religion, Media And Democracy In The Quest For Marriage Equality, Anthony E. Varona
Taking Initiatives: Reconciling Race, Religion, Media And Democracy In The Quest For Marriage Equality, Anthony E. Varona
Articles
No abstract provided.
The Truth About Haiti, Irwin P. Stotzky
Testing Democracy: Marriage Equality, Citizen-Lawmaking And Constitutional Structure, Francisco Valdes
Testing Democracy: Marriage Equality, Citizen-Lawmaking And Constitutional Structure, Francisco Valdes
Articles
No abstract provided.
University Endowments: A (Surprisingly) Elusive Concept, Frances R. Hill
University Endowments: A (Surprisingly) Elusive Concept, Frances R. Hill
Articles
Even as certain policy makers press for mandatory payouts from endowments, the concept of an endowment remains surprisingly elusive. In the absence of either operational concepts of endowments or well-established metrics for identifying and measuring endowments, public policy discussions proceed with an implicit model of an endowment as "money in waiting" that is not currently in use for exempt educational purposes. This Article suggests that endowments, however conceptualized or measured, are better understood as "money in use" even though it is not being distributed. It argues that most endowment money is currently in use for at least two purposes. The …
Traditional Knowledge: Is Perpetual Protection A Good Idea, J. Janewa Osei-Tutu
Traditional Knowledge: Is Perpetual Protection A Good Idea, J. Janewa Osei-Tutu
Articles
No abstract provided.
The American Inquisition: Sentencing After The Federal Guidelines, Ricardo J. Bascuas
The American Inquisition: Sentencing After The Federal Guidelines, Ricardo J. Bascuas
Articles
No abstract provided.
Agency Hygiene, Nicholas Bagley
Agency Hygiene, Nicholas Bagley
Articles
Prof. Bagley notes that reshaping captured agencies using the structural reforms suggested by Prof. Barkow may be politically infeasible and offers an alternative solution for eliminating interest-group capture. First, he suggests establishing a body within the Executive Branch that proactively investigates and documents capture dynamics. Second, he suggests creating legislative mechanisms that will encourage Congressional action on the body’s recommendations, and perhaps, more provocatively, requiring the Executive Branch to enact any such recommendations in the absence of Congress’s formal objection.