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Articles 6661 - 6690 of 7461
Full-Text Articles in Entire DC Network
Heidegger And The Theory Of Adjudication, Brian Leiter
Review Essay: Interrogating Identity, Mary I. Coombs
Health-Health Tradeoffs, Cass R. Sunstein
On The Expressive Function Of Law Special Reports, Cass R. Sunstein
On The Expressive Function Of Law Special Reports, Cass R. Sunstein
Articles
No abstract provided.
Right To Die, The, Cass R. Sunstein
Social Norms And Social Roles, Cass R. Sunstein
The Tort/Crime Distinction: A Generation Later, Richard A. Epstein
The Tort/Crime Distinction: A Generation Later, Richard A. Epstein
Articles
No abstract provided.
The Draft International Antitrust Code Proposed At Munich: Good Intentions Gone Awry, Daniel J. Gifford
The Draft International Antitrust Code Proposed At Munich: Good Intentions Gone Awry, Daniel J. Gifford
Articles
Because private exclusionary arrangements can potentially effectively neutralize the market-opening efforts undertaken by governments, they have long been the subject of international concern.1 Manifestations of this concern extend back to 1948 when delegates to the Havana Conference approved a set of provisions directed against cartels and restrictive business practices. Periodically, government officials and others have focused upon the question of whether restrictive agreements among private business firms may impede trade. As a host of international agreements have progressively eliminated or have placed limits on government-erected trade barriers, attention has increasingly focused upon privately-erected barriers, i.e., those resulting from cartel-like exclusionary …
A Review Essay Of Richard Vigilante's Strike: The Daily News War And The Future Of American Labor, Daniel J. Gifford
A Review Essay Of Richard Vigilante's Strike: The Daily News War And The Future Of American Labor, Daniel J. Gifford
Articles
Richard Vigilante has combined in this book an intense and dramatic account of a major strike, complete with character portraits of the leading actors, with interpretations of the events and insights into the operations of the labor movement on several levels.
Responsible Parents And Good Children, Judith T. Younger
Responsible Parents And Good Children, Judith T. Younger
Articles
No abstract provided.
Civil War As Paradigm: Reestablishing The Rule Of Law At The End Of The Cold War, Jill Elaine Hasday
Civil War As Paradigm: Reestablishing The Rule Of Law At The End Of The Cold War, Jill Elaine Hasday
Articles
No abstract provided.
Beyond The Rhetoric Of The Nafta Treaty Debate: A Comparative Analysis Of Labor And Employment Law In Mexico And The United States, Stephen F. Befort, Virginia Cornett
Beyond The Rhetoric Of The Nafta Treaty Debate: A Comparative Analysis Of Labor And Employment Law In Mexico And The United States, Stephen F. Befort, Virginia Cornett
Articles
No abstract provided.
The German Duality Of State And Society, David Abraham
Flood Control On The Information Ocean: Living With Anonymity, Digital Cash, And Distributed Databases, A. Michael Froomkin
Flood Control On The Information Ocean: Living With Anonymity, Digital Cash, And Distributed Databases, A. Michael Froomkin
Articles
No abstract provided.
The Essential Role Of Trusted Third Parties In Electronic Commerce, A. Michael Froomkin
The Essential Role Of Trusted Third Parties In Electronic Commerce, A. Michael Froomkin
Articles
No abstract provided.
The Limited Liability Company: A Catalyst Exposing The Corporate Integration Question, Susan Pace Hamill
The Limited Liability Company: A Catalyst Exposing The Corporate Integration Question, Susan Pace Hamill
Articles
No abstract provided.
On The Danger Of Wearing Two Hats: Mistretta And Morrison Revisited, Ronald J. Krotoszynski Jr.
On The Danger Of Wearing Two Hats: Mistretta And Morrison Revisited, Ronald J. Krotoszynski Jr.
Articles
No abstract provided.
Building Bridges And Overcoming Barricades: Exploring The Limits Of Law As An Agent Of Transformational Social Change Colloquium: Bridging Society, Culture, And Law: The Issue Of Female Circumcision, Ronald J. Krotoszynski Jr.
Building Bridges And Overcoming Barricades: Exploring The Limits Of Law As An Agent Of Transformational Social Change Colloquium: Bridging Society, Culture, And Law: The Issue Of Female Circumcision, Ronald J. Krotoszynski Jr.
Articles
No abstract provided.
Security Interests On Exempt Property After The 1994 Amendments To The Bankruptcy Code, David G. Carlson
Security Interests On Exempt Property After The 1994 Amendments To The Bankruptcy Code, David G. Carlson
Articles
No abstract provided.
Structures Of Environmental Criminal Enforcement, Michael E. Herz
Structures Of Environmental Criminal Enforcement, Michael E. Herz
Articles
No abstract provided.
Physician Assisted Suicide: A Bad Idea, Yale Kamisar
Physician Assisted Suicide: A Bad Idea, Yale Kamisar
Articles
It would be hard to deny that there is a great deal of support in this country - and ever-growing support - for legalizing physician-assisted suicide (PAS). Why is this so? I believe there are a considerable number of reasons. I shall discuss five common reasons - and explain why I do not find any of them convincing.
The 'Right To Die': On Drawing (And Erasing) Lines, Yale Kamisar
The 'Right To Die': On Drawing (And Erasing) Lines, Yale Kamisar
Articles
Until this year, no state or federal appellate court had ever held that there was a right to assisted suicide no matter how narrow the circumstances or stringent the conditions. In 1996, however, within the span of a single month, two federal courts of appeals so held; in an 8-3 majority of the Ninth Circuit (sitting en banc) in Compassion in Dying v. Washington and a three-judge panel of the Second Circuit in Quill v. Vacco. What heartened proponents of a right to physician-assisted suicide even more, and pleased those resistant to the idea even less, was that the two …
Public Research And Private Development: Patents And Technology Transfer In Government-Sponsored Research, Rebecca S. Eisenberg
Public Research And Private Development: Patents And Technology Transfer In Government-Sponsored Research, Rebecca S. Eisenberg
Articles
This article revisits the logical and empirical basis for current government patent policy in order to shed light on the competing interests at stake and to begin to assess how the system is operating in practice. Such an inquiry is justified in part by the significance of federally-sponsored research and development to the overall U.S. research effort. Although the share of national expenditures for research and development borne by the federal government has declined since 1980, federal funding in 1995 still accounted for approximately thirty-six percent of total national outlays for research and development' and nearly fifty-eight percent of outlays …
Intellectual Property At The Public-Private Divide: The Case Of Large-Scale Cdna Sequencing, Rebecca S. Eisenberg
Intellectual Property At The Public-Private Divide: The Case Of Large-Scale Cdna Sequencing, Rebecca S. Eisenberg
Articles
The Human Genome Project provides fertile ground for studying the role of intellectual property at the wavering boundary between public and private research science. It involves a major commitment of both public and private research funds in an area that is of significant interest both to research scientists working in university and government laboratories and to commercial firms. It thus provides a wealth of new scientific discoveries that are simultaneously potential candidates for commercial development and inputs into further research. Its obvious implications for human health raise the stakes of getting the balance between private property and public access right, …
Don't Try: Civil Jury Verdicts In A System Geared To Settlement, Samuel R. Gross, Kent D. Syverud
Don't Try: Civil Jury Verdicts In A System Geared To Settlement, Samuel R. Gross, Kent D. Syverud
Articles
If it is true, as we often hear, that we are one of the most litigious societies on earth, it is because of our propensity to sue, not our affinity for trials. Of the hundreds of thousands of civil lawsuits that are filed each year in America, the great majority are settled; of those that are not settled, most are ultimately dismissed by the plaintiffs or by the courts; only a few percent are tried to a jury or a judge. This is no accident. We prefer settlements and have designed a system of civil justice that embodies and expresses …
What If? The Legal Consequences Of Marriage And The Legal Needs Of Lesbian And Gay Male Couples, David L. Chambers
What If? The Legal Consequences Of Marriage And The Legal Needs Of Lesbian And Gay Male 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, torts, evidence, social welfare, inheritance, adoption, and on and on. In this article I inquire into the patterns these laws form and the central benefits and obligations that marriage entails, a task few scholars have undertaken in recent years. I have done so because same-sex couples, a large group not previously eligible to marry under the laws of any American jurisdiction, may be on the brink of securing the opportunity to do so in …
Sanctuary, Redlight Districts, And Washington, D.C.: Some Observations On Neuman's Anomalous Zones (Symposium: Surveying Law And Borders), William I. Miller
Sanctuary, Redlight Districts, And Washington, D.C.: Some Observations On Neuman's Anomalous Zones (Symposium: Surveying Law And Borders), William I. Miller
Articles
The claim is often made that boundaries obviate disputes if they are clear. But boundaries are inseparable from disputes; they seem to invite them as much as obviate them. Note how natural the collocations "disputed boundary" and "boundary dispute" are. The conventional view that one hears a lot in law schools is that once a bright line is drawn then a boundary is "settled." But that supposes that a clear boundary need not be defended or continually justified or that internal changes in the entity it circumscribes and in some ways defines do not affect the integrity of the boundary. …
Why Hard Cases Make Good (Clinical) Law, Paul D. Reingold
Why Hard Cases Make Good (Clinical) Law, Paul D. Reingold
Articles
In 1992, when the University of California's Hastings College of Law decided to offer a live-client clinic for the first time, its newly hired director had to make several decisions about what form the program should take.1 The first question for the director was whether the clinic should be a single-issue specialty clinic or a general clinic that would represent clients across several areas of the law. The second question, and the one that will be the focus of this essay, was whether the program should restrict its caseload to "easy" routine cases or also accept non-routine, less controllable litigation. …
Meaning In The Life Of The Lawyer, James Boyd White
Meaning In The Life Of The Lawyer, James Boyd White
Articles
First let me say what a pleasure it is to be here on such an occasion. Dean Kronman is an old and valued friend, and I am very glad to be able to visit your school, of which I have heard many good things. In the remarks that follow I shall respond to Dean Kronman's eloquent and elegiac account of "civility" in our culture, and in the law, not so much by marking agreement or disagreement as by offering a few loosely connected reflections on the topics he raises.
Death And Transfiguration: The Myth That The U.C.C. Killed "Property", Jeanne L. Schroeder
Death And Transfiguration: The Myth That The U.C.C. Killed "Property", Jeanne L. Schroeder
Articles
The article examines the evolution of property concepts in legal frameworks, particularly focusing on the Uniform Commercial Code (U.C.C.) and its treatment of title in sales transactions. It argues that while the U.C.C. attempted to shift from traditional notions of property as a unitary right to a more process-oriented approach, it did not fully abandon the underlying imagery of property as a tangible, identifiable object. The analysis critiques the common law's emphasis on title and explores the idea that property should be viewed as a legal relation among subjects rather than a fixed, physical entity. The article proposes a reinterpretation …