Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

Articles

Discipline
Institution
Keyword
Publication Year
Publication Type
File Type

Articles 6601 - 6630 of 7461

Full-Text Articles in Entire DC Network

Incommensurability, Welfare, Economics, And The Law, Richard Craswell Jan 1997

Incommensurability, Welfare, Economics, And The Law, Richard Craswell

Articles

No abstract provided.


Abolish The Juvenile Court: Youthfulness, Criminal Responsibility, And Sentencing Policy, Barry C. Feld Jan 1997

Abolish The Juvenile Court: Youthfulness, Criminal Responsibility, And Sentencing Policy, Barry C. Feld

Articles

The juvenile court system should be abolished and all juvenile offenders should be integrated into the traditional criminal court system. The offenders' age should be taken into account during sentencing. The juvenile court system is a failure because a criminal punishment system cannot also be a social welfare system.


Review Of Developments At The 48th Session Of The United Nations Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, David Weissbrodt, Sosamma Samuel Jan 1997

Review Of Developments At The 48th Session Of The United Nations Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, David Weissbrodt, Sosamma Samuel

Articles

Until the turning point of the 1993 World Conference on Human Rights in Vienna, few issues received as little political attention at the United Nations as the human rights of women. Now, thanks to the efforts of non-governmental organizations (NGOs), academics, and other advocates, the Conference itself can claim the placement of women on the human rights agenda as one of its clearest victories. The weaknesses of the United Nations and of the international community as a whole {including states and NGOs) have been primarily in two areas: (a) at the conceptual level, their failure, until recently, to declare all …


Ethnicity, Crime, And Immigration, Michael Tonry Jan 1997

Ethnicity, Crime, And Immigration, Michael Tonry

Articles

No abstract provided.


Sentencing Principles In Theory And Practice, Richard Frase Jan 1997

Sentencing Principles In Theory And Practice, Richard Frase

Articles

No abstract provided.


Who’S Afraid Of Humpty Dumpty: Deconstructionist References In Judicial Opinions, Madeleine M. Plasencia Jan 1997

Who’S Afraid Of Humpty Dumpty: Deconstructionist References In Judicial Opinions, Madeleine M. Plasencia

Articles

This Article examines the treatment of deconstruction in United States judicial opinions.' A handful of cases have directly referred to the French philosopher and literary theorist, Jacques Derrida.2 In each of these cases, the court has rejected Derrida's philosophy, apparently out of a fear that recognition of any legitimacy of Derrida's thoughts would lead to the self-destruction of the legal world. These courts have misunderstood that consideration or recognition of Derrida's philosophy in the legal context would not unavoidably lead to the end of all meaningful legal discourse in the United States. A discussion of these cases will serve as …


Family Businesses And The Business Of Families: A Consideration Of The Role Of The Lawyer Symposium - The Intersecting Institutions Of Marriage: Conflicts And Consequences, Steven H. Hobbs, Fay Wilson Hobbs Jan 1997

Family Businesses And The Business Of Families: A Consideration Of The Role Of The Lawyer Symposium - The Intersecting Institutions Of Marriage: Conflicts And Consequences, Steven H. Hobbs, Fay Wilson Hobbs

Articles

No abstract provided.


Why Universities Are Morally Obligated To Strive For Diversity: Restoring The Remedial Rationale For Affirmative Action Affirmative Action: Diversity Of Opinions, Richard Delgado Jan 1997

Why Universities Are Morally Obligated To Strive For Diversity: Restoring The Remedial Rationale For Affirmative Action Affirmative Action: Diversity Of Opinions, Richard Delgado

Articles

No abstract provided.


Rodrigo's Fourteenth Chronicle: American Apocalypse Symposium: Bowers + Ten: Litigation, Legislation, And Community Activism, Richard Delgado Jan 1997

Rodrigo's Fourteenth Chronicle: American Apocalypse Symposium: Bowers + Ten: Litigation, Legislation, And Community Activism, Richard Delgado

Articles

No abstract provided.


The Lawyer's Duties Of Confidentiality And Avoidance Of Harm To Others: Lessons From Sunday School Symposium: The Relevance Of Religion To A Lawyer's Work: An Interfaith Conference: General Responses To The Conference, Steven H. Hobbs Jan 1997

The Lawyer's Duties Of Confidentiality And Avoidance Of Harm To Others: Lessons From Sunday School Symposium: The Relevance Of Religion To A Lawyer's Work: An Interfaith Conference: General Responses To The Conference, Steven H. Hobbs

Articles

No abstract provided.


United States Ratification Of The Convention On The Elimination Of All Forms Of Discrimination Against Women, Malvina Halberstam Jan 1997

United States Ratification Of The Convention On The Elimination Of All Forms Of Discrimination Against Women, Malvina Halberstam

Articles

No abstract provided.


Gluttony, William I. Miller Jan 1997

Gluttony, William I. Miller

Articles

Gluttony does not have the grandeur of pride, the often brilliant strategic meanness of envy and avarice, the glory of wrath. It does manage to gain some small allure by its association with lust, its sexy sibling sin of the flesh. Yet there is something irrevocably unseemly about gluttony, vulgar and lowbrow, self-indulgent in a swinish way. Gluttony is not the stuff of tragedy or epic. Imagine Hamlet too fat to take revenge or Homer making his topic the gluttony of Achilles rather than his wrath. With gluttony, compare pride and anger, sins that mark the grand action of revenge, …


Marriage Today: Legal Consequences For Same Sex And Opposite Sex Couples, David L. Chambers Jan 1997

Marriage Today: Legal Consequences For Same Sex And Opposite Sex Couples, David L. Chambers

Articles

Laws that treat married persons in a different manner than they treat single persons permeate nearly every field of social regulation in this country -- taxation, otrts, evidence, social welfare, inheritance, adoption, and on and on.


Why Mandatory Arbitration May Benefit Workers, Theodore J. St. Antoine Jan 1997

Why Mandatory Arbitration May Benefit Workers, Theodore J. St. Antoine

Articles

Would employees-including union employees-be better off with mandatory arbitration, even of statutory employment claims? The answer to this important question should depend less on abstract notions about the importance of statutory claims and the sanctity of the right to a jury trial, and more on a pragmatic assessment of what is likely to be best for the great majority of workers. Employing this type of analysis, which would take into account an overworked, underfunded Equal Employment Opportunity Commission, backlogged court dockets and other practical problems, my view is that most employees might well be better off with mandatory arbitration, provided …


Making Sausage: The Ninth Circuit's Opinion, Carl E. Schneider Jan 1997

Making Sausage: The Ninth Circuit's Opinion, Carl E. Schneider

Articles

As I write, the Supreme Court has just agreed to hear Compassion in Dying v. Washington and Quill v. Vacco, the two cases in which United States circuit courts of appeals held that a state may not constitutionally prohibit physicians from helping a terminally ill person who wishes to commit suicide to do so. These cases have already received lavish comment and criticism, and no doubt the Supreme Court's opinion will garner even more. Reasonably enough, most of this analysis addresses the merits of physician-assisted suicide as social policy. I, here, want to talk about how setting bioethical policy …


Polygamy And Same-Sex Marriage, David L. Chambers Jan 1997

Polygamy And Same-Sex Marriage, David L. Chambers

Articles

In the American federal system, state governments bear the responsibility for enacting the laws that define the persons who are permitted to marry. The federal government, throughout our history, has accepted these definitions and built upon them, fixing legal consequences for those who validly marry under state law. Only twice in American history has Congress intervened to reject the determinations that states might make about who can marry. The first occasion was in the late nineteenth century when Congress enacted a series of statutes aimed at the Mormon Church, prohibiting polygamy in the Western territories and punishing the Church and …


The Arts Show Audience: Cultural Confidence And Middlebrow Arts Consumption, Brian O'Neill Jan 1997

The Arts Show Audience: Cultural Confidence And Middlebrow Arts Consumption, Brian O'Neill

Articles

The arts constitute a form of cultural consumption that has been relatively neglected in recent academic discourse in comparison to the burgeoning literature of cultural studies dedicated to popular and mass media forms of culture. This emphasis within cultural studies on popular genres over traditional forms of art, what has been labelled its ‘cultural populism’ (Mc Guigan, 1992), systematically emphasises common, ordinary taste and resistant aesthetic strategies while denigrating ‘high culture’ as an elitist, middle class leisure pursuit that has little relevance to most people (Willis, 1990). Going against this populist tide, this chapter argues that an examination of popular …


Is There A Right To Physician-Assisted Suicide, J. David Bleich Jan 1997

Is There A Right To Physician-Assisted Suicide, J. David Bleich

Articles

No abstract provided.


The Unsolved Problem Of The Unfunded Mandate, Edward A. Zelinsky Jan 1997

The Unsolved Problem Of The Unfunded Mandate, Edward A. Zelinsky

Articles

No abstract provided.


Group Agency And Group Rights, James W. Nickel Jan 1997

Group Agency And Group Rights, James W. Nickel

Articles

No abstract provided.


The Jury As Critic: An Empirical Look At How Capital Juries Perceive Expert And Lay Testimony, Scott E. Sundby Jan 1997

The Jury As Critic: An Empirical Look At How Capital Juries Perceive Expert And Lay Testimony, Scott E. Sundby

Articles

No abstract provided.


Defeating Environmental Law: The Geology Of Legal Advantage, William H. Rodgers, Jr. Jan 1997

Defeating Environmental Law: The Geology Of Legal Advantage, William H. Rodgers, Jr.

Articles

My talk today will: (1) introduce the metaphor of geology, (2) suggest to you that complexity has "gainers" as well as "losers," and (3) show you how environmental laws can be defeated by these twin engines of complexity and clever human adversaries.

[Third Annual Lloyd K. Garrison Lecture on Environmental Law.]


Acts Of Power, Crimes Of Knowledge: Some Observations On Desire, Law And Ideology In The Politics Of Expression At The End Of The Twentieth Century, Francisco Valdes Jan 1997

Acts Of Power, Crimes Of Knowledge: Some Observations On Desire, Law And Ideology In The Politics Of Expression At The End Of The Twentieth Century, Francisco Valdes

Articles

No abstract provided.


Determining Reasonable Charges: A Teaching Hospital Takes On The Federal Government Over Recalculated Graduate Medical Education Expenses (96-1375) Administrative Law, William L. Andreen Jan 1997

Determining Reasonable Charges: A Teaching Hospital Takes On The Federal Government Over Recalculated Graduate Medical Education Expenses (96-1375) Administrative Law, William L. Andreen

Articles

No abstract provided.


Ethics In The Age Of Entrepreneurship Symposium: Ethical Obligations And Liabilities Arising From Lawyers' Professional Associations, Steven H. Hobbs Jan 1997

Ethics In The Age Of Entrepreneurship Symposium: Ethical Obligations And Liabilities Arising From Lawyers' Professional Associations, Steven H. Hobbs

Articles

No abstract provided.


Scientology In Court: A Comparative Analysis And Some Thoughts On Selected Issues In Law And Religion, Paul Horwitz Jan 1997

Scientology In Court: A Comparative Analysis And Some Thoughts On Selected Issues In Law And Religion, Paul Horwitz

Articles

No abstract provided.


Of Veils And Operators: The Liability Of Parent Corporation For Clearing Up Hazardous Waste At A Site Owned By Its Subsidiary (97-454) Environmental Law, William L. Andreen Jan 1997

Of Veils And Operators: The Liability Of Parent Corporation For Clearing Up Hazardous Waste At A Site Owned By Its Subsidiary (97-454) Environmental Law, William L. Andreen

Articles

No abstract provided.


Medical Malpractice And Managed Care Organizations: The Implied Warranty Of Quality Medical Malpractice: External Influences And Controls: Iv. Malpractice And Managed Care: How Should Tort Law Respond To Changes In The Delivery Of Medical Care, William S. Brewbaker Iii Jan 1997

Medical Malpractice And Managed Care Organizations: The Implied Warranty Of Quality Medical Malpractice: External Influences And Controls: Iv. Malpractice And Managed Care: How Should Tort Law Respond To Changes In The Delivery Of Medical Care, William S. Brewbaker Iii

Articles

No abstract provided.


Latino And Latina Critical Theory: An Annotated Bibliography Symposium: Latcrit: Latina/Os And The Law: Policy, Politics &(And) Praxis, Jean Stefancic Jan 1997

Latino And Latina Critical Theory: An Annotated Bibliography Symposium: Latcrit: Latina/Os And The Law: Policy, Politics &(And) Praxis, Jean Stefancic

Articles

No abstract provided.


An Interdisciplinary Seminar In Child Abuse And Neglect With A Focus On Child Protection Practice, Suellyn Scarnecchia Jan 1997

An Interdisciplinary Seminar In Child Abuse And Neglect With A Focus On Child Protection Practice, Suellyn Scarnecchia

Articles

Given the myriad of professionals involved in protecting children from abuse and neglect, legal practice in the field of child protection requires an understanding of the various disciplines these professionals represent. Professor Scarnecchia argues that such an understanding is necessary in order for the attorney to serve as a zealous advocate for her client. In hopes of creating this understanding in students at the University of Michigan, an interdisciplinary seminar in child abuse and neglect has been created. Professor Scarnecchia details the substantive content of the seminar, discussing specific issues that arise in protecting children. She explains that by using …