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Articles 5851 - 5880 of 7470
Full-Text Articles in Entire DC Network
Precautions Against What - The Availability Heuristic And Cross-Cultural Risk Perception Meador Lecture Series 2004-2005: Risk And The Law, Cass R. Sunstein
Precautions Against What - The Availability Heuristic And Cross-Cultural Risk Perception Meador Lecture Series 2004-2005: Risk And The Law, Cass R. Sunstein
Articles
Because risks are on all sides of social situations, it is not possible to be globally "precautionary." Hence, the Precautionary Principle runs into serious conceptual difficulties; any precautions will themselves create hazards of one kind or another. When the principle gives guidance, it is often because of the availability heuristic, which can make some risks stand out as particularly salient, regardless of their actual magnitude. The same heuristic helps to explain differences across groups, cultures, and even nations in the perception of risks, especially when linked with such social processes as cascades and group polarization. One difficulty is that what …
Problems With Minimalism, Cass R. Sunstein
Problems With Minimalism, Cass R. Sunstein
Articles
Much of Justice Sandra Day O'Connor's work on the Supreme Court embodies a commitment to judicial minimalism, understood as a preference for narrow rulings, closely attuned to particular facts. In many contexts, however, that commitment is hard to justify, simply because it imposes severe decisionmaking burdens on others and may well create more, rather than fewer, errors. For this reason, a general preference for minimalism is no more defensible than a general preference for rules. The choice between narrow and wide rulings cannot itself be made by rules or even presumptions; it requires a case-by-case inquiry. The argument is illustrated …
Undue Process: Congressional Referral And Judicial Resistance In The Schiavo Controversy Schiavo Case: A Symposium, Adam M. Samaha
Undue Process: Congressional Referral And Judicial Resistance In The Schiavo Controversy Schiavo Case: A Symposium, Adam M. Samaha
Articles
No abstract provided.
Preemption Of State Spam Laws By The Federal Can-Spam Act, Roger Ford
Preemption Of State Spam Laws By The Federal Can-Spam Act, Roger Ford
Articles
No abstract provided.
Introduction, Richard A. Epstein, Mark Siegler, Alix Weisfeld
Introduction, Richard A. Epstein, Mark Siegler, Alix Weisfeld
Articles
No abstract provided.
Public Versus Private Enforcement Of International Economic Law: Standing And Remedy, Alan O. Sykes
Public Versus Private Enforcement Of International Economic Law: Standing And Remedy, Alan O. Sykes
Articles
This paper develops a theory of the rules regarding standing and remedy in international trade and investment agreements. Regarding investment agreements, the paper argues that a credibLe government-to-firm commitment (or signal) that the capital importer will not engage in expropriation or related practices is required and that a private right of action for money damages is the best way to make such a commitment. In trade agreements, by contrast, importing nations have commitments that are best viewed as government to government rather than government to firm. The parties to trade agreements can enhance their mutual political welfare by declining to …
The Dynamics Of Child Sexual Abuse Prosecution: Two Florida Case Studies, Robert Levy
The Dynamics Of Child Sexual Abuse Prosecution: Two Florida Case Studies, Robert Levy
Articles
Criminal justice scholars agree that the process cannot adequately be captured simply by reporting guilty pleas, jury acquittals and convictions. Rather, one must imagine a giant cornucopia, the large end representing the huge mass of unreported and uncleared crimes, the small end representing the small number of convicted felons sentenced to prison. Between these terminal points can be found all those criminals the police decide not to arrest or refer for prosecution, all those cases prosecutors decide not to prosecute, the cases prosecutors decide to dismiss (or "nolle prosequi," often referred to as "nol pros") after they have been filed, …
Punishment And Crime Across Space And Time, Michael Tonry, David P. Farrington
Punishment And Crime Across Space And Time, Michael Tonry, David P. Farrington
Articles
No abstract provided.
Segregation And Environmental Justice, Myron Orfield
Punishment Purposes, Richard Frase
A Reprise Of A Classic: Gorman & Finkin's Basic Text On Labor Law: Unionization And Collective Bargaining, Stephen F. Befort
A Reprise Of A Classic: Gorman & Finkin's Basic Text On Labor Law: Unionization And Collective Bargaining, Stephen F. Befort
Articles
No abstract provided.
The Value Of Institutions And The Values Of Free Speech, Dale Carpenter
The Value Of Institutions And The Values Of Free Speech, Dale Carpenter
Articles
Should the First Amendment pay attention to the setting in which speech occurs, giving more protection to some institutions than to others? The very suggestion is a heresy. The First Amendment, to a degree unknown elsewhere in American law, has been characterized by a certain kind of blindness. It has largely been blind to the popularity of the speech involved, blind to whether the speech is favored or disfavored by the government, and blind to the identity of the speaker. On the other hand, some institutions - the professional media, libraries, and universities, for example - are especially good at …
Corporate Human Rights Responsibilities, David Weissbrodt
Corporate Human Rights Responsibilities, David Weissbrodt
Articles
This article begins with a discussion of why one should be concerned or at least interested in the human rights conduct of corporations. Hence, the first part of the article presents a couple of historical and current situations which require attention and standard-setting. The second part focuses on past efforts of international law and particularly international human rights law to deal with such non-state actors as corporations. The third part discusses five major attributes of the U.N. Human Rights Norms which built upon the previous efforts to deal with the human rights conduct of corporations. The fourth part traces the …
Racial Integration And Community Revitalization: Applying The Fair Housing Act To The Low Income Housing Tax Credit, Myron Orfield
Racial Integration And Community Revitalization: Applying The Fair Housing Act To The Low Income Housing Tax Credit, Myron Orfield
Articles
No abstract provided.
Rfid: Revolutionizing Inventory Management Across The Supply Chain, Jack Cook, Laura Cook
Rfid: Revolutionizing Inventory Management Across The Supply Chain, Jack Cook, Laura Cook
Articles
Radio frequency identification (RFID) is revolutionizing asset tracking, inventory management, and supply chain execution. RFID has the ability to track inventory with almost no human intervention, thus offering enormous potential for better inventory management across the supply chain. This paper discusses the application of RFID within four settings: (1) health care facilities, specifically hospitals; (2) tracking pharmaceuticals from manufacturing throughout distribution; (3) managing retain supply chains; and (4) tracking personnel, assets, and inventory in the military.
Emerging Technologies And The Future Of The Accounting Profession, Thomas Tribunella, M. Pamela Neely, Heidi Tribunella
Emerging Technologies And The Future Of The Accounting Profession, Thomas Tribunella, M. Pamela Neely, Heidi Tribunella
Articles
In this paper we investigate the differences between practitioner and academic interests in emerging technologies. We compare and contrast the results of a faculty survey to the AICPA's Top Technology list. It appears that academics and practitioners have significantly different interests concerning emerging technologies. Furthermore, technology interests for both groups change over time. We then discuss the problems that arise from the differing points of view and suggest some possible solutions.
Intimacy And Economic Exchange, Jill Elaine Hasday
Intimacy And Economic Exchange, Jill Elaine Hasday
Articles
The current legal debate about the regulation of economic exchange between intimates mistakenly assumes that the law does not countenance such exchange to any notable extent. This assumption is so widely held that it unites otherwise disparate anticommodification and pro-market scholars. Both groups agree that the law maintains a strict boundary between economic exchange and intimacy, and disagree only on whether to applaud or criticize that boundary. Both overlook or underemphasize the degree to which the law already permits economic exchange within intimate relationships. The current debate's focus on whether the law should enforce economic exchanges between intimates misses at …
Bad Arguments Against Gay Marriage, Dale Carpenter
Bad Arguments Against Gay Marriage, Dale Carpenter
Articles
This article claims that three common arguments against gay marriage - the definitional, procreation, and slippery-slope arguments - are quite bad, the worst of the lot. The definitional argument asserts that marriage just is the union of one man and one woman, and that the definition alone is a sufficient defense against claims for gay marriage. The procreation argument claims that marriage's central public purpose is to encourage procreation, and so the exclusion of same-sex couples is justified. The slippery-slope argument claims that the acceptance of same-sex marriage logically entails the acceptance of other public policy changes - notably the …
Predict And Provide Vs Explore, Envision And Plan: Transforming The Urban Planning Approach Towards The Future, Elzbieta Krawczyk, John Ratcliffe
Predict And Provide Vs Explore, Envision And Plan: Transforming The Urban Planning Approach Towards The Future, Elzbieta Krawczyk, John Ratcliffe
Articles
Thinking about the future of humanity cannot be separated from thinking about the future of cities. Today, half of the world’s population lives in cities and the number of urban dwellers is constantly growing. On one hand, cities play a key role in generating economic growth; they are cores of human activity and frontiers of technological and cultural progress. On the other, urban areas are a source of a broad range of social and environmental problems and are especially vulnerable to the threats posed by factors such as climate change, terrorism, pandemic, social and cultural clashes. Considering the role and …
Optimisation Of Calcium Lactate Washing Treatment On Salad-Cut Lettuce: Quality Aspects, Ana Belen Martin-Diana, Daniel Rico, Catherine Barry-Ryan, Jesus Maria Frias, Jemina Mulcahy, Gary Henehan
Optimisation Of Calcium Lactate Washing Treatment On Salad-Cut Lettuce: Quality Aspects, Ana Belen Martin-Diana, Daniel Rico, Catherine Barry-Ryan, Jesus Maria Frias, Jemina Mulcahy, Gary Henehan
Articles
Markers of quality retention: colour, texture, browning, texture related enzymes and sensory properties, were analysed during storage. The use of high temperatures (50ºC) showed a positive effect on enzymes related to quality maintenance. It reduced the activity of the browning-related enzymes polyphenol oxidase and peroxidase but it increased the activity of pectin methyl esterase, an enzyme involved in the maintenance of texture. High calcium lactate concentrations (3 %) produced a reduction in the respiration rate of the salad-cut lettuce during storage, but also a loss of luminosity and greenness (a*). The use of high temperatures and intermediate calcium lactate concentrations …
Effect Of Temperature On The Kinetic Behaviour Of Polyphenol Oxidase And Peroxidase In Fresh-Cut Lettuce, Ana Belen Martin-Diana, Daniel Rico, Catherine Barry-Ryan, Jemina Mulcahy, Gary Henehan, Jesus Maria Frias
Effect Of Temperature On The Kinetic Behaviour Of Polyphenol Oxidase And Peroxidase In Fresh-Cut Lettuce, Ana Belen Martin-Diana, Daniel Rico, Catherine Barry-Ryan, Jemina Mulcahy, Gary Henehan, Jesus Maria Frias
Articles
Activity levels for polyphenol oxidase (PPO) and peroxidase (POD) enzymes were exanimate in crude extracts and showed significantly higher values in photosynthetic tissue than in vascular tissue. Time courses at 50 ºC showed a rapid loss of POD activity and a similar but slower loss of PPO activity in all tissue while incubations at 4 ºC and 25 ºC showed no significant loss of activity over the same time period. The thermal treatment of the extracts (50 ºC) caused a decrease in the PPO and POD activities over time, in all the samples. PPO had less dependence on temperature than …
Ecology, Morality And Synergism, Thomas Power
Ecology, Morality And Synergism, Thomas Power
Articles
This short essay looks at the views of unorthodox members of three professions. Richard Douthwaite an anti-growth economist, James Lovelock a "mythical" scientist, and Yoneji Masuda, a Japanese guru of the Information Technology age. All three assume a re-orientation of human thinking. Douthwaite's "moral society", Lovelock's "ecological society" and Masuda's "synergistic society" have little basis in reality, despite their intrinsic appeal. Despite the "high knowledge consumption" of an information age, predicted by Masuda, history teaches us that knowledge has always been used by man to gain power and not to better the lot of mankind. There is no reason to …
Gideon In White/Gideon In Black: Race And Identity In Lawyering, Anthony V. Alfieri
Gideon In White/Gideon In Black: Race And Identity In Lawyering, Anthony V. Alfieri
Articles
No abstract provided.
The Current Landscape Of Race: Old Targets, New Opportunities 2006 Survey Of Books Relating To The Law - Part Ii: Critical Race Theory & Constitutional Law, Richard Delgado
Articles
No abstract provided.
I'D Like To Teach The World To Sing (In Perfect Harmony): International Judicial Dialogue And The Muses - Reflections Of The Perils And The Promise Of International Judicial Dialogue 2006 Survey Of Books Relating To The Law - Part V: International And Comparative Law, Ronald J. Krotoszynski Jr.
Articles
No abstract provided.
The Problem Of New Uses, Rebecca S. Eisenberg
The Problem Of New Uses, Rebecca S. Eisenberg
Articles
Discovering new uses for drugs that are already on the market seems like it ought to be the low-lying fruit of biopharmaceutical research and development (R&D). Firms have already made significant investments in developing these drugs and bringing them to market, including testing them in clinical trials, shepherding them through the FDA regulatory approval process, building production facilities, and training sales staff to market them to physicians. By this point, the drugs have begun to enjoy goodwill among patients and physicians and casual observations in the course of clinical experience may point to potential new uses. One might expect that …
Reaching Disclosure, Carl E. Schneider
Reaching Disclosure, Carl E. Schneider
Articles
It is easy to forget but crucial to remember that when lawmakers decide to regulate an activity, they must select a method. The law of bioethics particularly favors one method-requiring disclosure of information. The doctrine of informed consent obliges doctors to tell patients their treatment choices. The administrative law of research ethics insists that researchers warn subjects of the risks of experiments. The Patient Self-Determination Act compels medical institutions to remind patients about advance directives. The federal government's new privacy regulations instruct medical institutions to describe their privacy regime to patients. Not just the law of bioethics, but health law …
Detroit Area Study On Financial Services: What? Why? How?, Michael S. Barr
Detroit Area Study On Financial Services: What? Why? How?, Michael S. Barr
Articles
The following article is based on a talk give by Assistant Professor of Law Michael S. Barr to the University of Texas Law School-Harvard Law School Joint Conference on Commercial Law Realities in Austin, Texas, in April. Barr was selected by the University of Michigan’s Institute for Social Research, Survey Research Center to be the faculty investigator for the Detroit Area Study, which the University has conducted for more than 50 years. Barr is using the study to explore the financial services needs of low- and moderate-income households, building on his groundbreaking analysis in Banking the Poor. Barr raised a …
Damage Caps: Recent Trends In American Tort Law, Mark K. Osbeck
Damage Caps: Recent Trends In American Tort Law, Mark K. Osbeck
Articles
Damage caps and other limitations on damages have become increasingly important in American tort law during the past thirty years. This trend shows no signs of abating; in fact, it has gained increasing momentum since President Bush took office in 2001. This chapter traces the evolution of damage caps and other limitations on damages and provides a summary of recent developments in this area.
The Emergence Of Exacted Conservation Easements, Jessica Owley Lippmann
The Emergence Of Exacted Conservation Easements, Jessica Owley Lippmann
Articles
No abstract provided.