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Articles 6091 - 6120 of 7470
Full-Text Articles in Entire DC Network
Voluntary Impoverishment To Obtain Government Benefits, John A. Miller
Voluntary Impoverishment To Obtain Government Benefits, John A. Miller
Articles
No abstract provided.
Libertarian Paternalism Is Not An Oxymoron, Cass R. Sunstein, Richard H. Thaler
Libertarian Paternalism Is Not An Oxymoron, Cass R. Sunstein, Richard H. Thaler
Articles
No abstract provided.
Lochnering, Cass R. Sunstein
Moral Heuristics And Moral Framing Lecture, Cass R. Sunstein
Moral Heuristics And Moral Framing Lecture, Cass R. Sunstein
Articles
No abstract provided.
On The Psychology Of Punishment, Cass R. Sunstein
On The Psychology Of Punishment, Cass R. Sunstein
Articles
Are juries rational or irrational? In the context of punitive damage awards, jury decisions suffer from serious problems. Jurors are intuitive retributivists, in a way that produces departures from economic theories of punishment. Their decisions are rooted in outrage, which they cannot easily translate into dollar terms. The result is a degree of unpredictability and incoherence. An understanding of this point casts light on several problems with existing institutions and offers some clues about how those problems might be solved.
The Rights Of Animals, Cass R. Sunstein
Beyond The Precautionary Principle, Cass R. Sunstein
Beyond The Precautionary Principle, Cass R. Sunstein
Articles
The precautionary principle has been highly influential in legal systems all over the world. In its strongest and most distinctive forms, the principle imposes a burden of proof on those who create potential risks, and it requires regulation of activities even if it cannot be shown that those activities are likely to produce significant harms. Taken in this strong form, the precautionary principle should be rejected, not because it leads in bad directions, but because it leads in no direction at all. The principle is literally paralyzing-forbidding inaction, stringent regulation, and everything in between. The reason is that in the …
Antitrust's Troubled Relations With Intellectual Property, Daniel J. Gifford
Antitrust's Troubled Relations With Intellectual Property, Daniel J. Gifford
Articles
Throughout most of the history of the antitrust laws, the relationship between antitrust laws and patent, copyright, and other intellectual property laws has been a subject of controversy. The courts have sometimes allowed intellectual property law to trump antitrust law, and at other times they have done the opposite. One would think that, given the over one-hundred-year period the Sherman Act has been on the books, the relationships between these two sets of laws would be settled by now. Yet, as recent litigation in the Federal, Ninth, and District of Columbia Circuits demonstrates, the antitrust/intellectual property interface remains as troubled …
A Review Of The Fifty-Fourth Session Of The Sub-Commission On The Promotion And Protection Of Human Rights, David Weissbrodt, Penny Parker, Laura Gerber, Muria Kruger, Joe W. (Chip) Pitts Iii
A Review Of The Fifty-Fourth Session Of The Sub-Commission On The Promotion And Protection Of Human Rights, David Weissbrodt, Penny Parker, Laura Gerber, Muria Kruger, Joe W. (Chip) Pitts Iii
Articles
No abstract provided.
State Interest And Marriage--The Theoretical Perspective, Brian H. Bix
State Interest And Marriage--The Theoretical Perspective, Brian H. Bix
Articles
By the conference description, we are to consider "the relationship of marriage and self-government." 2 It is hard to analyze the relationship of these two, because they are "moving targets." Everyone thinks they know what is meant by "marriage," but as the debate ensues about the extension (e.g., to same-sex couples) and modification (e.g., for covenant marriage rules) of marriage, and our social norms about the roles of parents (married or not) and spouses change, one might wonder how much is certain and agreed upon and how much is fluid and up for review and revision. 3
Norms On The Responsibilities Of Transnational Corporations And Other Business Enterprises With Regard To Human Rights, David Weissbrodt, Muria Kruger
Norms On The Responsibilities Of Transnational Corporations And Other Business Enterprises With Regard To Human Rights, David Weissbrodt, Muria Kruger
Articles
On August 13, 2003, the United Nations Sub-Commission on the Promotion and Protection of Human Rights approved the "Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights" (Norms) 1 in its Resolution 2003/16. 2 The Norms represent a landmark step in holding businesses accountable for their human rights abuses and constitute a succinct, but comprehensive, restatement of the international legal principles applicable to businesses with regard to human rights, humanitarian law, international labor law, environmental law, consumer law, anticorruption law, and so forth.
The Constitutional Underpinnings Of Homelessness, Ann Burkhart
The Constitutional Underpinnings Of Homelessness, Ann Burkhart
Articles
In Lindsey v. Normet, 1 the U.S. Supreme Court upheld a state wrongful detainer statute against tenants who withheld their rent after the Bureau of Buildings of Portland, Oregon declared their house to be uninhabitable. 2 In reaching its holding, the Court stated that it was "unable to perceive in [the Constitution] any constitutional guarantee of access to dwellings of a particular quality, or any recognition of the right of a tenant to occupy the real property of his landlord beyond the terms of his lease without the payment of rent." 3 The Court did not address the separate issue …
Human Rights Approach To Intellectual Property Protection: The Genesis And Application Of Sub-Commission Resolution 2000/7, David Weissbrodt, Kell Schoff
Human Rights Approach To Intellectual Property Protection: The Genesis And Application Of Sub-Commission Resolution 2000/7, David Weissbrodt, Kell Schoff
Articles
On August 17, 2000, the United Nations Sub-Commission on the Promotion and Protection of Human Rights (the Sub- Commission) adopted Resolution 2000/7, entitled Intellectual Property Rights and Human Rights .1 This resolution signified the Sub-Commission s belief that international intellectual property regimes were not adequately accounting for human rights norms.2 Resolution 2000/7 called on U.N. Member States, intergovernmental bodies, and various U.N. entities to reaffirm their commitments toward the achievement of international human rights norms, adopt a human rights approach to the development of international intellectual property regimes, and further study the interaction between intellectual property protection and human rights.3
Race, Politics, And Juvenile Justice: The Warren Court And The Conservative "Backlash", Barry C. Feld
Race, Politics, And Juvenile Justice: The Warren Court And The Conservative "Backlash", Barry C. Feld
Articles
A century ago, the Progressive reformers who created the juvenile court embraced a particular ideological construction of childhood as one of innocence and vulnerability. They also adopted a scientific conception of social control - positive criminology - that attempted to identify the causes of criminality and purported to treat, rather than to punish, offenders. The juvenile court combined the new conception of childhood with the new strategies of positive criminology to create a judicial-welfare alternative to the adult criminal process for juveniles. The juvenile court affirmed the responsibility of families to raise their children while expanding the state's prerogative to …
Competence, Culpability, And Punishment: Implications Of Atkins For Executing And Sentencing Adolescents, Barry C. Feld
Competence, Culpability, And Punishment: Implications Of Atkins For Executing And Sentencing Adolescents, Barry C. Feld
Articles
The Supreme Court has explored the issues of culpability, proportionality, and deserved punishment most fully in the context of capital punishment. In death penalty decisions addressing developmental impairments and culpability, the Court has considered the cases of defendants with mental retardation and older adolescents, and has created an anomalous inconsistency by reaching opposite conclusions about the deserved punishment for each group of defendants. Recently, in Atkins v. Virginia, the Court relied on both empirical and normative justifications to categorically prohibit states from executing defendants with mental retardation. Atkins reasoned that mentally retarded offenders lacked the reasoning, judgment, and impulse control …
Public Welfare And The Role Of The Wto: Reconsidering The Trips Agreement, Ruth Okediji
Public Welfare And The Role Of The Wto: Reconsidering The Trips Agreement, Ruth Okediji
Articles
No abstract provided.
Reasonable Accommodation And Reassignment Under The Americans With Disabilities Act: Answers, Questions, And Suggested Solutions After U.S. Airways, Inc. V. Barnett, Stephen F. Befort
Reasonable Accommodation And Reassignment Under The Americans With Disabilities Act: Answers, Questions, And Suggested Solutions After U.S. Airways, Inc. V. Barnett, Stephen F. Befort
Articles
The enactment of the Americans with Disabilities Act ("ADA") has triggered a series of explosions over the past decade. Although enacted with widespread support, the statute almost immediately spawned a deluge of litigation. This litigation explosion, coupled with the rather imprecise language of the statute, resulted in a startling diversity of judicial interpretation on a host of key ADA issues. These two phenomena, in turn, have led to a more recent explosion in ADA cases heard by the Supreme Court. In a brief span from 1998 to 2002, the Supreme Court issued no less than thirteen decisions interpreting the ADA. …
Revisiting The Black Hole Of Workplace Regulation: A Historical And Comparative Perspective Of Contingent Work, Stephen F. Befort
Revisiting The Black Hole Of Workplace Regulation: A Historical And Comparative Perspective Of Contingent Work, Stephen F. Befort
Articles
A dramatic shift in the nature of work relationships in the United States has occurred during the past two decades. Long-term employment constituted the predominant model of structuring work relationships well into the 1970s. Since then, American firms increasingly have resorted to a variety of non-traditional work arrangements. These new workers, frequently denominated the "contingent workforce," tend to have a weaker workplace affiliation and a lower expectation of long-term employment.'
Physician-Assisted Suicide And Federalism, Brian H. Bix
Physician-Assisted Suicide And Federalism, Brian H. Bix
Articles
The article considers the application of general theories of federalism (e.g., states as laboratories and competitive federalism) to the issue of physician-assisted suicide. The article also uses the analogies of same-sex marriage and medical marijuana to explore some of the moral and policy issues raised by this intersection of medical ethics and federalism.
Corporate Governance After Enron And Global Crossing: Comparative Lessons For Cross-National Improvement, 78 723 (2003), Edward S. Adams
Corporate Governance After Enron And Global Crossing: Comparative Lessons For Cross-National Improvement, 78 723 (2003), Edward S. Adams
Articles
This Article outlines and compares the corporate governance structures of the United States, Japan, Germany, and France. This outline and comparison is made with respect to past, present, and future characteristics and trends. As a cross-national study, it recognizes that the varying natures of differing legal, business, social, and cultural structures significantly affect the degree to which a country can implement changes to its corporate governance systems. This study includes the possibility that one country's corporate model might be inapplicable to another country. Some aspects of American capitalism, nevertheless, are slowly being adopted as improvements in Germany, France, and Japan. …
The Prospective Process Through Scenario Thinking For The Built And Human Environment: A Tool For Exploring Urban Futures, John Ratcliffe, Lorcan Sirr
The Prospective Process Through Scenario Thinking For The Built And Human Environment: A Tool For Exploring Urban Futures, John Ratcliffe, Lorcan Sirr
Articles
We are currently living through an era where we can, and need to, create exciting new possibilities in the way we think about, plan, design and build new places and spaces for working and living. At the same time, two irresistible forces – change and complexity – face decision-makers charged with framing and executing future policy and practice for the built and human environment. This paper generally argues the case for employing a ‘prospective’ process through scenario thinking for strategic planning and management in the urban arena. It does not attempt to identify or explore the advances made in planning …
Futures Thinking For The Built And Human Environment: The Prospective Process Through Scenario Thinking For The Built And Human Environment: A Tool For Exploring Human Futures, John Ratcliffe, Lorcan Sirr
Futures Thinking For The Built And Human Environment: The Prospective Process Through Scenario Thinking For The Built And Human Environment: A Tool For Exploring Human Futures, John Ratcliffe, Lorcan Sirr
Articles
We are currently living through an era where we can, and need to, create exciting new possibilities in the way we think about, plan, design and build new places and spaces for working and living. At the same time, two irresistible forces – change and complexity – face decision-makers charged with framing and executing future policy and practice for the built and human environment. This paper generally argues the case for employing a ‘prospective’ process through scenario thinking for strategic planning and management in the urban arena. It does not attempt to identify or explore the advances made in planning …
Targeting Exemption For Charitable Efficiency: Designing A Nondiversion Constraint, Frances R. Hill
Targeting Exemption For Charitable Efficiency: Designing A Nondiversion Constraint, Frances R. Hill
Articles
No abstract provided.
Silence Compounded - The Conjunction Of Race And Gender Violence, Zanita E. Fenton
Silence Compounded - The Conjunction Of Race And Gender Violence, Zanita E. Fenton
Articles
No abstract provided.
Foreword: Addressing The Real World Of Racial Injustice In The Criminal Justice System, Donna Coker
Foreword: Addressing The Real World Of Racial Injustice In The Criminal Justice System, Donna Coker
Articles
No abstract provided.
Addressing Domestic Violence Through A Strategy Of Economic Rights, Donna Coker
Addressing Domestic Violence Through A Strategy Of Economic Rights, Donna Coker
Articles
No abstract provided.
Foreword, Jessica Owley, Emma Garrison
The Racial Double Helix: Watson, Crick, And Brown V. Board Of Education (Our No-Bell Prize Award Speech) Brown@50 Symposium - Inaugural Charles Hamilton Houston Lecture, Richard Delgado, Jean Stefancic
The Racial Double Helix: Watson, Crick, And Brown V. Board Of Education (Our No-Bell Prize Award Speech) Brown@50 Symposium - Inaugural Charles Hamilton Houston Lecture, Richard Delgado, Jean Stefancic
Articles
No abstract provided.
Inmate Litigation, Margo Schlanger
Inmate Litigation, Margo Schlanger
Articles
In 1995, prison and jail inmates brought about 40,000 new lawsuits in federal court nearly a fifth of the federal civil docket. Court records evidence a success rate for inmate plaintiffs under fifteen percent. These statistics highlight two qualities long associated with the inmate docket: its volume and the low rate of plaintiffs' success. Then, in 1996, Congress enacted the Prison Litigation Reform Act (PLRA), which dramatically altered the litigation landscape, restricting inmates' access to federal court in a variety of ways. This Article examines inmate litigation before and after the PLRA. Looking first at the litigation process itself, it …
Bayh-Dole Reform And The Progress Of Biomedicine, Arti K. Rai, Rebecca S. Eisenberg
Bayh-Dole Reform And The Progress Of Biomedicine, Arti K. Rai, Rebecca S. Eisenberg
Articles
Advances in fundamental biomedical research play an important and growing role in the development of new therapeutic and diagnostic products. Although the development of pharmaceutical end products has long been a proprietary enterprise, biomedical research comes from a very different tradition of open science. Within this tradition, long-standing norms call for relatively unfettered access to fundamental knowledge developed by prior researchers. The tradition of open science has eroded considerably over the past quarter century as proprietary claims have reached farther upstream from end products to cover fundamental discoveries that provide the knowledge base for future product development.