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Articles 5551 - 5580 of 7470
Full-Text Articles in Entire DC Network
A Century Of Juvenile Justice: A Work In Progress Or A Revolution That Failed?, Barry C. Feld
A Century Of Juvenile Justice: A Work In Progress Or A Revolution That Failed?, Barry C. Feld
Articles
A century ago, Progressive reformers adopted a more modem construction of childhood as a developmental period of innocence, dependence, and vulnerability. They embraced a more scientific understanding of social control - positive criminology - and tried to identify the causes of crime and to treat, rather than to punish, offenders. Reformers combined the new vision of childhood with new insights into criminality to create a judicial-welfare alternative to the adult criminal process. Jurisdiction over dependent as well as delinquent children reflected juvenile courts' broader role as a child-saving welfare agency and not simply a "junior" criminal court.'
The International Intellectual Property Roots Of Geographical Indications, Ruth Okediji
The International Intellectual Property Roots Of Geographical Indications, Ruth Okediji
Articles
No abstract provided.
The Perfect Storm Of Retirement Insecurity: Fixing The Three-Legged Stool Of Social Security, Pensions, And Personal Savings, Stephen F. Befort
The Perfect Storm Of Retirement Insecurity: Fixing The Three-Legged Stool Of Social Security, Pensions, And Personal Savings, Stephen F. Befort
Articles
This article provides a wide-angle view of the looming crisis in retirement security. The impending confluence of a burgeoning retiree cohort and a diminishing resource base threatens to wreck havoc with the financial well-being of the coming generation of retirees. This article first reviews the current status of retirement security in the United States and finds that all three legs of the retirement stool - Social Security, pensions, and private savings - are projected to fall short of contributing adequate resources for future retirees. The article then turns toward a discussion of the possible responses for averting this potential crisis. …
Common Law And Federalism In The Age Of The Regulatory State, Alexandra B. Klass
Common Law And Federalism In The Age Of The Regulatory State, Alexandra B. Klass
Articles
Over the past several decades, the growth of federal statutes and the rise of the regulatory state have weakened and displaced state common law even in the absence of express or implied preemption. However, there is a strong theoretical and judicial foundation on which to argue that the existence of statutes, regulations, and the data they generate should be used to inform and develop state common law rather than overshadow or displace it. Moreover, in this current age of the new federalism, such progressive common law development at the state level may be particularly timely and appropriate. This article uses …
In Search Of The Modern Skidmore Standard, Kristin Hickman, Matthew D. Krueger
In Search Of The Modern Skidmore Standard, Kristin Hickman, Matthew D. Krueger
Articles
This Article offers a comprehensive examination of the Skidmore standard for judicial review of agency legal interpretations as applied by the courts in the period since the Supreme Court revitalized Skidmore in United States v. Mead Corp. First, the Article documents an empirical study of five years worth of Skidmore applications in the federal courts of appeals. In the study, we evaluate two competing conceptions of Skidmore review - the independent judgment model and the theoretically more deferential sliding-scale model - and conclude that the appellate courts overwhelmingly follow the sliding scale approach. Also, contrary to two other, significantly more …
Gender, Truth & Transition, Fionnuala Ní Aoláin, Catherine Turner
Gender, Truth & Transition, Fionnuala Ní Aoláin, Catherine Turner
Articles
This article introduces the role and function of truth commission and explores a number of the structural and institutional components which profoundly affect women's experiences of accountability in times of transition.
Secrecy And Separated Powers: Executive Privilege Revisited, Heidi Kitrosser
Secrecy And Separated Powers: Executive Privilege Revisited, Heidi Kitrosser
Articles
This Article considers the constitutional validity of executive privilege claims made by the President against statutorily authorized information requests. The Article concludes that such claims are constitutionally illegitimate and that courts, when turned to, should order compliance with statutorily authorized demands for information in the face of executive privilege claims. This conclusion is reached in two steps. First, perusal of Article I's list of legislative powers and Article II's list of presidential powers does not clearly resolve the issue. Rather, such perusal alone offers fair ground to deem control of executive branch information both within Congress' "sweeping clause" power and …
Coloring Outside The Lines: Examining Treasury's (Lack Of) Compliance With Administrative Procedure Act Rulemaking Requirements, Kristin Hickman
Coloring Outside The Lines: Examining Treasury's (Lack Of) Compliance With Administrative Procedure Act Rulemaking Requirements, Kristin Hickman
Articles
The Treasury Department and the Internal Revenue Service have a strange relationship with Administrative Procedure Act notice-and-comment rulemaking procedures. Treasury acknowledges the general applicability of APA procedural requirements when it promulgates regulations interpreting the Internal Revenue Code. Treasury also maintains that most Treasury regulations are exempt from the APA's public notice and comment requirements. Nevertheless, Treasury purports to utilize those same procedures anyway in promulgating most Treasury regulations. This Article documents a study of 232 separate Treasury regulation projects for which Treasury published Treasury Decisions and notices of proposed rulemaking in the Federal Register between January 1, 2003, and December …
Of Lenity, Chevron, And Kpmg, Kristin Hickman
Of Lenity, Chevron, And Kpmg, Kristin Hickman
Articles
Tax shelters generally are designed to take advantage of statutory ambiguity in the tax code. In the civil context, depending upon the format of the IRS's interpretation, a finding of ambiguity typically means that the reviewing court should apply one or another doctrine of judicial deference in evaluating the government's interpretation: either the strong, mandatory Chevron deference, the slightly less deferential Skidmore deference standard, or perhaps the tax-specific National Muffler deference. Whichever of these review standards applies, the government has a distinct advantage over the taxpayer in persuading the court to adopt the government's interpretation of the Code. Consequently the …
Extraordinary Rendition And The Humanitarian Law Of War And Occupation, David Weissbrodt, Amy Bergquist
Extraordinary Rendition And The Humanitarian Law Of War And Occupation, David Weissbrodt, Amy Bergquist
Articles
The Geneva Conventions of 1949 were drafted in the wake of the Second World War to protect combatants and civilians during times of war and occupation. Half a century later, nearly every country has ratified the conventions; many provisions are recognized as customary international humanitarian law. Since September 11, 2001, there has been a heated debate over whether these laws of war apply to the conflicts with al Qaeda. Yet little attention has been devoted to the humanitarian law of occupation as it applies to the conflicts in Afghanistan and Iraq. This Article examines the practice of extraordinary rendition - …
Good Guidance, Good Grief!, Stephen M. Johnson
Good Guidance, Good Grief!, Stephen M. Johnson
Articles
This article examines the problems created by the White House reforms and prior reforms proposed by Congress, ACUS and academics, and outlines the advantages and disadvantages of the alternative APA amendments outlined above. Part II of the article explores the basic differences between legislative rules, interpretive rules and policy statements and the reasons for the trend away from legislative rules. Part III introduces the long-standing concerns regarding interpretive rules and policy statements. Part IV examines the proposals and initiatives of ACUS, academics, and the various branches of the Federal government to address those concerns; and Part V identifies the weaknesses …
The Transition From Preschool To School For Children In Ireland: Teachers Views, Mary O'Kane
The Transition From Preschool To School For Children In Ireland: Teachers Views, Mary O'Kane
Articles
There is a wealth of international research on the transition from preschool to school from a range of perspectives. Following on from such research, the issue of transition is emerging as an important new construct in early childhood care and education (ECCE), with a transition-to-school framework replacing the construct of school readiness as a focus of research interest. There has been limited research into transition practices in Ireland and this study is the first comprehensive research looking at this area from an Irish perspective1. Phase I of this study involved conducting a questionnaire on the transition from preschool to formal …
In Vitro Toxicity Evaluation Of Single Walled Carbon Nanotubes On Human A549 Lung Cells, Maria Davoren, Eva Herzog, Alan Casey, Benjamin Cottineau, Gordon Chambers, Hugh Byrne, Fiona Lyng
In Vitro Toxicity Evaluation Of Single Walled Carbon Nanotubes On Human A549 Lung Cells, Maria Davoren, Eva Herzog, Alan Casey, Benjamin Cottineau, Gordon Chambers, Hugh Byrne, Fiona Lyng
Articles
This paper describes the in vitro cytotoxicity assessment of single walled carbon nanotubes (SWCNT) on A549 cells, a human lung cell line. Cellular viability was determined using the alamar blue (AB), neutral red (NR) and MTT assays, which evaluated metabolic, lyso-somal and mitochondrial activity respectively. In addition, the total protein content of the cells was measured using the coomassie bril-liant (CB) blue assay. Supernatants were also assayed for Adenylate Kinase (AK) release and Interleukin 8 (IL-8) which indicated a loss of cell membrane integrity and an in Xammation response respectively.
Vibrational Spectroscopy For Pathology From Biochemical Analysis To Diagnostic Tool, Fiona Lyng, Eoghan O'Faolain, J. Conroy, Aidan Meade, Peter Knief, Brendan Duffy, M. Hunter, J. Byrne, P. Kelehan, Hugh Byrne
Vibrational Spectroscopy For Pathology From Biochemical Analysis To Diagnostic Tool, Fiona Lyng, Eoghan O'Faolain, J. Conroy, Aidan Meade, Peter Knief, Brendan Duffy, M. Hunter, J. Byrne, P. Kelehan, Hugh Byrne
Articles
Cervical cancer is the second most common cancer in women worldwide with 80% of cases arising in the developing world. The mortality associated with cervical cancer can be reduced if this disease is detected at the early stages of development or at the pre-malignant state (cervical intra-epithelial neoplasia, CIN). The aim of this study was to investigate the potential of Raman spectroscopy as a diagnostic tool to detect biochemical changes accompanying cervical cancer progression. Raman spectra were acquired from proteins, nucleic acids, lipids and carbohydrates in order to gain an insight into the biochemical composition of cells and tissues. Spectra …
Preparing A Property Statement For A Property Company: The Key Stages., Myles Keaveney
Preparing A Property Statement For A Property Company: The Key Stages., Myles Keaveney
Articles
No abstract provided.
Clinical Genesis In Miami, Anthony V. Alfieri, Maryanne Stanganelli, Jessi Tamayo, Wendi Adelson
Clinical Genesis In Miami, Anthony V. Alfieri, Maryanne Stanganelli, Jessi Tamayo, Wendi Adelson
Articles
No abstract provided.
Creating A Viral Federal Privacy Standard, A. Michael Froomkin
Creating A Viral Federal Privacy Standard, A. Michael Froomkin
Articles
No abstract provided.
Corporate Form And Substantive Consolidation, William H. Widen
Corporate Form And Substantive Consolidation, William H. Widen
Articles
No abstract provided.
Ensuring That Florida's Language Minorities Have Access To The Ballot, Jonel Newman
Ensuring That Florida's Language Minorities Have Access To The Ballot, Jonel Newman
Articles
No abstract provided.
Re-Conceptualizing Poverty Law Clinical Curriculum And Legal Services Practice: The Need For Generalists, Jonel Newman
Re-Conceptualizing Poverty Law Clinical Curriculum And Legal Services Practice: The Need For Generalists, Jonel Newman
Articles
No abstract provided.
Can Lawyers Find Happiness Symposium: Perspectives On Lawyer Happiness, Richard Delgado, Jean Stefancic
Can Lawyers Find Happiness Symposium: Perspectives On Lawyer Happiness, Richard Delgado, Jean Stefancic
Articles
No abstract provided.
The Road Goes On Forever And The Party Never Ends': A Response To Judge Tacoma's Prescription For A Return To Foster Care 'Limbo' And 'Drift', Frank E. Vandervort
The Road Goes On Forever And The Party Never Ends': A Response To Judge Tacoma's Prescription For A Return To Foster Care 'Limbo' And 'Drift', Frank E. Vandervort
Articles
This article responds to Judge Tacoma’s suggested changes in Michigan law. It begins with a very brief history of child welfare legislation at the federal and state levels. Next, it points out a number of errors in Judge Tacoma’s understanding of the current state of Michigan’s child welfare law.2 It is necessary to point out these errors because it seems that his misstatements of the law form the foundation for his recommended reforms. Then it will respond point-by-point to many of Judge Tacoma’s recommendations. Finally, I will off er several suggestions for addressing the problem of legal orphans that do …
Taxation In Developing Countries: Some Recent Support And Challenges To The Conventional View, Reuven S. Avi-Yonah, Yoram Margolioth
Taxation In Developing Countries: Some Recent Support And Challenges To The Conventional View, Reuven S. Avi-Yonah, Yoram Margolioth
Articles
The general advice given by international institutions such as the International Monetary Fund (IMF) and the World Bank to developing countries over the past few decades has been to replace trade taxes with domestic consumption taxes, particularly value-added taxes (VAT), and to maintain relatively high corporate income tax rates. This article reviews recent literature that supports and challenges this conventional view.
William W. Cook And Detroit Street Railways, 1891-1894, Margaret A. Leary
William W. Cook And Detroit Street Railways, 1891-1894, Margaret A. Leary
Articles
In 1890, much of Detroit's street railway system used outmoded technology, had severe labor and public relations problems, and faced uncertainty over the remaining length of the 30-year franchise granted by the city in 1863, but extended in 1879, perhaps illegally. An apparent solution came in 1891, when William W. Cook-later to earn a fortune that he would give to the University of Michigan Law School-and other "Eastern capitalists" purchased Detroit's street rail system. They were unable to solve the existing problems, and the new outside ownership itself added difficulties. Cook's group sold out in 1894, and over the next …
Innovation Held Hostage: Has Federal Intervention Stifled Efforts To Reform The Child Welfare System?, Vivek Sankaran
Innovation Held Hostage: Has Federal Intervention Stifled Efforts To Reform The Child Welfare System?, Vivek Sankaran
Articles
The past thirty years have been marked by an increased federalization of child welfare law, which, like other areas of family law, traditionally remained within the sole purview of state legislatures. Despite increased oversight by the federal government, outcomes for foster children remain unacceptably poor The number of children in foster care has more than doubled over the past twenty-five years and reports of suspected maltreatment have skyrocketed. Children continue to stay too long in care and have too many placements. Case workers assigned to work with families and attorneys representing parents and children are overwhelmed and rarely provide meaningful …
Branch Rickey, '11: Much More Than Pioneering Baseball Leader, Richard D. Friedman
Branch Rickey, '11: Much More Than Pioneering Baseball Leader, Richard D. Friedman
Articles
Branch Rickey is best known as the president and general manager of the Brooklyn Dodgers who brought Jackie Robinson into big league baseball in 1947, thus integrating a major American institution seven years before Brown v. Board of Education. Even apart from this heroic step, Rickey would probably be known as the most significant baseball executive ever, primarily for his work with the Dodgers and, earlier, the St. Louis Cardinals; the modern farm system and extensive spring training facilities are chief among his many innovations. Less well known is the fact that Rickey was a 1911 graduate of the University …
What If John Calmore Had A Latino/A Sibling A Tribute To John O. Calmore's Work, Richard Delgado, Jean Stefancic
What If John Calmore Had A Latino/A Sibling A Tribute To John O. Calmore's Work, Richard Delgado, Jean Stefancic
Articles
No abstract provided.
Above The Law? The Constitutionality Of The Ministerial Exemption From Antidiscrimination Law, Caroline Mala Corbin
Above The Law? The Constitutionality Of The Ministerial Exemption From Antidiscrimination Law, Caroline Mala Corbin
Articles
No abstract provided.
Due Process Rights And Terrorist Emergencies, James W. Nickel
Due Process Rights And Terrorist Emergencies, James W. Nickel
Articles
This essay discusses the grounds for due process rights (DPRs) and the permissibility of suspending them during terrorist and other emergencies. The two topics are profitably treated together because DPRs - along with freedoms of movement, expression, and political participation - are often suspended or restricted when national emergencies occur. Although I present a strong case for DPRs as human rights, this justification does not settle their priority during emergency situations. That issue raises additional questions, and I discuss some of them. The overall thrust of the essay is to defend the importance of respecting DPRs during troubled times. The …
Constitutional Patriotism, Citizenship And Belonging In America And Germany, David Abraham
Constitutional Patriotism, Citizenship And Belonging In America And Germany, David Abraham
Articles
No abstract provided.