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Articles 5341 - 5370 of 7470
Full-Text Articles in Entire DC Network
Panama City Reflections: Growing The City In The Time Of Sustainable Development, Ileana Porras
Panama City Reflections: Growing The City In The Time Of Sustainable Development, Ileana Porras
Articles
No abstract provided.
Constitutional Patriotism, Citizenship, And Belonging, David Abraham
Constitutional Patriotism, Citizenship, And Belonging, David Abraham
Articles
No abstract provided.
Proving Causation: The Holism Of Warrant And The Atomism Of Daubert, Susan Haack
Proving Causation: The Holism Of Warrant And The Atomism Of Daubert, Susan Haack
Articles
No abstract provided.
Competent Capital Representation: The Necessity Of Knowing And Heeding What Jurors Tell Us About Mitigation, John H. Blume, Sheri Lynn Johnson, Scott E. Sundby
Competent Capital Representation: The Necessity Of Knowing And Heeding What Jurors Tell Us About Mitigation, John H. Blume, Sheri Lynn Johnson, Scott E. Sundby
Articles
No abstract provided.
Second Amendment Minimalism: Heller As Griswold The Supreme Court, 2007 Term:, Cass R. Sunstein
Second Amendment Minimalism: Heller As Griswold The Supreme Court, 2007 Term:, Cass R. Sunstein
Articles
No abstract provided.
Some Effects Of Moral Indignation On Law, Cass R. Sunstein
Some Effects Of Moral Indignation On Law, Cass R. Sunstein
Articles
No abstract provided.
Soft Law: Lessons From Congressional Practice, Jacob Gersen, Eric A. Posner
Soft Law: Lessons From Congressional Practice, Jacob Gersen, Eric A. Posner
Articles
Soft law consists of rules issued by lawmaking bodies that do not comply with procedural formalities necessary to give the rules legal status yet nonetheless influence the behavior of other lawmaking bodies and of the public. Soft law has been much discussed in the literatures on international law, constitutional law, and administrative law, yet congressional soft-lawmaking, such as the congressional resolution, has received little attention. Congressional soft law affects behavior by informing the public and political institutions about the intentions and policy preferences of Congress, which are informative about future hard law as well as of Congress's view of the …
The Concept Of International Delegation, Curtis A. Bradley, Judith G. Kelley
The Concept Of International Delegation, Curtis A. Bradley, Judith G. Kelley
Articles
No abstract provided.
Foreward, Curtis A. Bradley, Judith G. Kelley
Limiting Excessive Prison Sentences Under Federal And State Constitutions, Richard Frase
Limiting Excessive Prison Sentences Under Federal And State Constitutions, Richard Frase
Articles
No abstract provided.
Combating The Color-Coded Confinement Of Kids: An Equal Protection Remedy, Perry L. Moriearty
Combating The Color-Coded Confinement Of Kids: An Equal Protection Remedy, Perry L. Moriearty
Articles
This Article considers the viability of a constitutional challenge to the disproportionate confinement of juveniles of color – a phenomenon known as “disproportionate minority contact” or “DMC.” Specifically, I ask whether, in the wake of McCleskey v. Kemp and its progeny, it is possible bring an Equal Protection claim based on statistical evidence that juveniles of color are significantly more likely to be detained by juvenile court judges than similarly-situated white youth. I argue that the nature of the juvenile detention decision places it squarely within the contours of the types of administrative decisions for which the Supreme Court has …
Learning From The Limitations Of Deterrence Research, Michael Tonry
Learning From The Limitations Of Deterrence Research, Michael Tonry
Articles
No abstract provided.
The Malign Effects Of Drug And Crime Control Policies On Black Americans, Michael Tonry, Matthew Melewski
The Malign Effects Of Drug And Crime Control Policies On Black Americans, Michael Tonry, Matthew Melewski
Articles
No abstract provided.
Keynote Address: International Standard-Setting On The Human Rights Responsibilities Of Businesses, David Weissbrodt
Keynote Address: International Standard-Setting On The Human Rights Responsibilities Of Businesses, David Weissbrodt
Articles
It is a great honor to be invited to my alma mater to speak at this confer- ence highlighting the human rights responsibilities of transnational corporations and to be selected to receive this year's Stefan A. Riesenfeld Award for my con- tributions in the field of international law.
Remedies For Undocumented Noncitizens In The Workplace: Using International Law To Narrow The Holding Of Hoffman Plastic Compounds, Inc. V. Nlrb, David Weissbrodt
Remedies For Undocumented Noncitizens In The Workplace: Using International Law To Narrow The Holding Of Hoffman Plastic Compounds, Inc. V. Nlrb, David Weissbrodt
Articles
In Hoffman Plastic Compounds, Inc. v. NLRB, the U.S. Supreme Court denied the National Labor Relations Act (NLRA) back-pay claims of a worker wrongfully discharged for union organizing.1 The Supreme Court's 2002 decision reasoned that the worker should not be able to recover back pay under the NLRA because he was a noncitizen and not entitled to em- ployment. 2 The Inter-American Court of Human Rights and the International Labor Organization (ILO) Freedom of Association Committee have rejected the Hoffman decision and criticized the United States for its discrimination against noncitizens.3
Foreclosure Reform Amid Mortgage Lending Turmoil: A Public Purpose Approach, Prentiss Cox
Foreclosure Reform Amid Mortgage Lending Turmoil: A Public Purpose Approach, Prentiss Cox
Articles
Irene Thomas was twenty-one years old when she met a man outside of a nightclub who convinced her that she could make money in real estate. 1 A mortgage broker and others used her credit rating to obtain ten residential properties within a ninety-day period with no money down. 2 Ms. Thomas incurred $ 2.4 million in mortgage debt for these home purchases. 3 Just over a year later, all the properties were in foreclosure after Ms. Thomas failed to make the mortgage payments. 4 The neighborhood on the north side of Minneapolis where these ten properties are located has …
Lawmakers As Norms Entrepreneurs, Emanuela Carbonara, Francesco Parisi, Georg Von Wangenheim
Lawmakers As Norms Entrepreneurs, Emanuela Carbonara, Francesco Parisi, Georg Von Wangenheim
Articles
In this paper we consider the role of lawmakers as norm entrepreneurs. Drawing from expressive law theories and social response theories, we shed light on the role of law in shaping social values and norms, and on the ability of the law to produce social norms where they did not exist before. Furthermore, we unveil a possible undesirable effect of legal intervention, where a legal innovation can cause social divide and possible conflicts.
Carbon Sequestration And Sustainability, Alexandra B. Klass, Sara E. Bergan
Carbon Sequestration And Sustainability, Alexandra B. Klass, Sara E. Bergan
Articles
This Symposium Essay explores the question of whether the developing technology of geologic carbon capture and sequestration (CCS), which involves capturing CO2 emissions from industrial sources and power plants and sequestering them underground, is consisting with principles of sustainable development. This Essay concludes that while CCS on its own may not be consistent with basic principles of sustainability, it presents a potential opportunity to create sufficiently deep cuts in greenhouse gas (GHG) emissions to allow the transition to a more sustainable future.
Climate Change And Carbon Sequestration: Assessing A Liability Regime For The Long-Term Storage Of Carbon Dioxide, Alexandra B. Klass, Elizabeth J. Wilson
Climate Change And Carbon Sequestration: Assessing A Liability Regime For The Long-Term Storage Of Carbon Dioxide, Alexandra B. Klass, Elizabeth J. Wilson
Articles
As the world struggles with how to address climate change, one of the most significant questions is how to reduce increasing levels of carbon dioxide in the atmosphere. One promising technology is "carbon capture and sequestration" (CCS) which consists of capturing carbon dioxide (CO2) emissions from power plants and industrial sources and sequestering them in deep geologic formations for long periods of time. Areas for potential CO2 sequestration include oil and gas fields, saline aquifers, and coal seams. As Congress and the private sector begin to spend billions of dollars to research and deploy this technology, there has been insufficient …
State Innovation And Preemption: Lessons From State Climate Change Efforts, Alexandra B. Klass
State Innovation And Preemption: Lessons From State Climate Change Efforts, Alexandra B. Klass
Articles
In cases involving both express and implied preemption, the Supreme Court and lower courts have applied a "presumption against preemption" to preserve state law in areas of "traditional state concern." In the decades since Congress first enacted major health, safety, and environmental legislation, federal agencies in the public health and environmental areas have created massive federal regulatory programs to fulfill Congressional directives. As a result of these agency developments, courts and scholars are forced to consider not only the original Congressional language relevant to preemption, but also subsequent actions taken by federal agencies to implement Congressional mandates to determine whether …
Horizontal Federalism, Allan Erbsen
Horizontal Federalism, Allan Erbsen
Articles
This Article constructs frameworks for analyzing federalism's undertheorized horizontal dimension. Discussions of federalism generally focus on the hierarchical (or vertical) allocation of power between the national and state governments while overlooking the horizontal allocation of power among coequal states. Models of federal-state relations tend to treat the fifty states as a single aggregate unit, obscuring the fact that individual states often cannot concurrently exercise their powers without infringing the other states' autonomy, frustrating the others' legitimate interests, or burdening the others' citizens. Preserving interstate harmony and protecting citizens from excessive burdens therefore requires limits on how states may wield their …
Wipo-Wto Relations And The Future Of Global Intellectual Property Norms, Ruth Okediji
Wipo-Wto Relations And The Future Of Global Intellectual Property Norms, Ruth Okediji
Articles
The intense scholarly debate about the effects of harmonized global intellectual property (IP) rules under the TRIPS Agreement has yet to consider what role an appropriate organizational framework should play in facilitating development of IP norms to address new global challenges. The prevailing assumption has been that the norm-setting role of the World Intellectual Property Organization (WIPO) will remain unchanged despite the primacy of the TRIPS Agreement and the explicit mandate of the WTO for global IP regulation. Indeed, with respect to the supply of public goods, only the WTO - not WIPO - has the formal legal mandate to …
Responsible Debt Relief: An Algorithmic Assessment Of Household Debt Capacity And Repayment Capacity, Robert Manning
Responsible Debt Relief: An Algorithmic Assessment Of Household Debt Capacity And Repayment Capacity, Robert Manning
Articles
Since the early 1990s, the growth of U.S. household debt in general consumer credit card debt in particular has soared to unprecedented levels-from an aggregate total of less than $4.0 trillion in 1990 to over $13 trillion in 2008. During this period, the average American household dramatically increased its home mortgage debt, from almost $2.5 trillion in 1990 to nearly $10.5 trillion today. Similarly, consumer "revolving" or credit card debt quadrupled from $239 billion to about $950 billion today. Moreover the growth of U.S. credit card debt was paid of through mortgage refinancing, home equity loans, and cash proceeds from …
Templates For Innovation: A Comment On Mumford, Bedell And Hunter, John Ettlie
Templates For Innovation: A Comment On Mumford, Bedell And Hunter, John Ettlie
Articles
The authors confront the nontrivial issue of whether or not creativity and innovation can be planned, and proceed to support an affirmative answer with a well-organizated treatment of the applied research literature relevant to this topic. They outline and reference an incremental approach to this planning process at multiple level of aggregation (organization, group, and individual), and present both a state-of-the-art review and a general, normative approach to this daunting challenge.
The Myth Of Discovery, Claire Hill
The Myth Of Discovery, Claire Hill
Articles
This review essay of Barry Schwartz’s Paradox of Choice discusses how Schwartz’s thesis that more choice is not always better should inform economists’ increasing acknowledgment that preferences are constructed, not fixed. In this companion piece to my more detailed consideration of the subject of constructed preferences, I argue that what makes the assumption of fixed preferences possible is a myth, the myth of discovery - that preferences exist to be discovered. Once we acknowledge that preferences are as much made as found, and that the raw materials from which they are made are scarcely stable, the assumption of fixed preferences …
What's Wrong With Litigation-Driven Science? An Essay In Legal Epistemology, Susan Haack
What's Wrong With Litigation-Driven Science? An Essay In Legal Epistemology, Susan Haack
Articles
No abstract provided.
Mixed Speech: When Speech Is Both Private And Governmental, Caroline Mala Corbin
Mixed Speech: When Speech Is Both Private And Governmental, Caroline Mala Corbin
Articles
Speech is generally considered to be either private or governmental, and this dichotomy is embedded in First Amendment jurisprudence. However, speech is often neither purely private nor purely governmental but rather a combination of the two. Nonetheless, the Supreme Court has not yet recognized mixed speech as a distinct category of speech. This Article suggests considerations for identifying mixed speech and exposes the shortcomings of the current approach of classifying all speech as either private or governmental when determining whether viewpoint restrictions pass First Amendment muster. Treating mixed speech as government speech gives short shrift to the free speech interests …
Rethinking Indivisibility: Towards A Theory Of Supporting Relations Between Human Rights, James W. Nickel
Rethinking Indivisibility: Towards A Theory Of Supporting Relations Between Human Rights, James W. Nickel
Articles
No abstract provided.
Supply Chain Management Diffusion Among Firms In The Republic Of Ireland, Edward Sweeney, Claudia-Maria Wagner, Bernd Huber
Supply Chain Management Diffusion Among Firms In The Republic Of Ireland, Edward Sweeney, Claudia-Maria Wagner, Bernd Huber
Articles
The changing business environment has sharpened the focus on the need for robust approaches to supply chain management (SCM) and the improvement of supply chain capability and performance. This is particularly the case in Ireland, which has the natural disadvantage of a location peripheral to significant markets and sources of raw materials which results in relatively high transport and distribution costs. Therefore, in order to gain insights into current levels of diffusion of SCM, a survey was conducted among 776 firms in the Republic of Ireland. The empirical results suggest that there is a need for more widespread adoption of …
Planning In The Irish Healthcare System; Legislative Strategy Or Administrative Control?, Vivienne Byers
Planning In The Irish Healthcare System; Legislative Strategy Or Administrative Control?, Vivienne Byers
Articles
Although strategic planning in healthcare has been in evidence in many OECD countries since the 1970s, it did not emerge in Ireland until the advent of legislatively mandated service planning in the 1990s. This occurred in the context of significant managerial, organisational and environmental change. One of the central mechanisms of the Strategic Management Initiative is the devolution of accountability and responsibility from the centre to the periphery. Service planning in the health sector in Ireland is seen as part of this strategic planning ethos. This paper reports on part of a wider study that examined both the intent and …