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Articles 6691 - 6720 of 7461
Full-Text Articles in Entire DC Network
Sandra Day O’Connor: Justice, Ambassador, And Role Model, Marci A. Hamilton
Sandra Day O’Connor: Justice, Ambassador, And Role Model, Marci A. Hamilton
Articles
Over the last several years, the Supreme Court's role has subtly changed, makingJustice Sandra Day O'Connor more important to the Court than ever. Whereas the Court previously had mandated jurisdiction over certain cases, it now hears only those cases which the members of the Court deem worthy of consideration. As the press has noted, the number of Supreme Court cases has declined rather dramatically. The reasons for this decline are complex and, to some degree, impenetrable or at least unprovable.
Liberty Without Equality: The Property-Rights Connection In A Negative Citizenship Regime, David Abraham
Liberty Without Equality: The Property-Rights Connection In A Negative Citizenship Regime, David Abraham
Articles
Why, in comparison with other liberal capitalist democracies, is the social welfare state so poorly anchored in American law and public discourse? Surely American political and social history have contributed much to the weakness of our "social state." But law, too, has played a significant material, as well as ideological, role and has provided the terrain for much of our social development. This essay explores the particular contribution of the property-liberty nexus to the stunted development of positive liberty and social citizenship in the United States. It traces this connection from the natural rights and bourgeois Founders through several key …
Views From The Front: A Dialog About The Corporate Law Firm, S. Elizabeth Wilborn, Ronald J. Krotoszynski Jr.
Views From The Front: A Dialog About The Corporate Law Firm, S. Elizabeth Wilborn, Ronald J. Krotoszynski Jr.
Articles
No abstract provided.
Rodrigo's Thirteenth Chronicle: Legal Formalism And Law's Discontents Symposium: Representing Race, Richard Delgado
Rodrigo's Thirteenth Chronicle: Legal Formalism And Law's Discontents Symposium: Representing Race, Richard Delgado
Articles
No abstract provided.
Multiracialism: A Bibliographic Essay And Critique In Memory Of Trina Grillo Dismantling The Master's House: Essays In Memory Of Trina Grillo, Jean Stefancic
Multiracialism: A Bibliographic Essay And Critique In Memory Of Trina Grillo Dismantling The Master's House: Essays In Memory Of Trina Grillo, Jean Stefancic
Articles
No abstract provided.
Rodrigo's Twelfth Chronicle: The Problem Of The Shanty Chronicle, Richard Delgado
Rodrigo's Twelfth Chronicle: The Problem Of The Shanty Chronicle, Richard Delgado
Articles
No abstract provided.
Fundamental Property Rights, Ronald J. Krotoszynski Jr.
Fundamental Property Rights, Ronald J. Krotoszynski Jr.
Articles
No abstract provided.
Statutory Rape Laws - Does It Make Sense To Enforce Them In An Increasingly Permissive Society At Issue, Michelle Oberman, Richard Delgado
Statutory Rape Laws - Does It Make Sense To Enforce Them In An Increasingly Permissive Society At Issue, Michelle Oberman, Richard Delgado
Articles
No abstract provided.
American Bar Association Section Of International Law And Practice Standing Committee On World Order Under Law Report To The House Of Delegates: International Monetary Fund And The World Bank Group, Michael A. Heller, H. Francis Shattuck Jr.
American Bar Association Section Of International Law And Practice Standing Committee On World Order Under Law Report To The House Of Delegates: International Monetary Fund And The World Bank Group, Michael A. Heller, H. Francis Shattuck Jr.
Articles
The International Monetary Fund (IMF) and the World Bank Group are the subjects of this report. The report, with its accompanying recommendation, is one of several reports on selected United Nations specialized agencies and the International Atomic Energy Agency. The report has been developed by the Section of International Law and Practice, International Institutions Committee, through its Working Group on UN Specialized Agencies. This is a contribution to the 50th Anniversary of the United Nations in fulfillment of the American Bar Association's Goal VIII-to advance the rule of law in the world. The accompanying recommendation addresses issues of an enhanced …
Civil Forfeiture And The War On Drugs: Lessons From Economics And History, Donald J. Boudreaux, Adam C. Pritchard
Civil Forfeiture And The War On Drugs: Lessons From Economics And History, Donald J. Boudreaux, Adam C. Pritchard
Articles
This Article uses economic analysis to show how civil forfeiture’s role in the war on drugs creates contrary incentives for law enforcement officials and encourages abuses. The Article then reviews the history of civil forfeiture and the Supreme Court’s forfeiture jurisprudence, which seems incoherent. The Authors warn that the judiciary should be skeptical of civil forfeiture and its importance to the war on drugs. The Article proposes a constitutional framework, grounded in economics and history, to limit forfeiture abuses.
Bouquets For Jerry Israel, Yale Kamisar
Bouquets For Jerry Israel, Yale Kamisar
Articles
As it turned out, of those asked to write a few words for an issue of the Michigan Law Review honoring Jerry Israel, I was the last to do so. And when I submitted my brief contribution to the Law Review I took the liberty of reading what the four others who paid tribute to Jerry had written. As a result, I feel like the fifth and last speaker at a banquet who listens to others say much of what he had planned to say.
The Reasons So Many People Support Physician-Assisted Suicide - And Why These Reasons Are Not Convincing, Yale Kamisar
The Reasons So Many People Support Physician-Assisted Suicide - And Why These Reasons Are Not Convincing, 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. In this article, I shall discuss five common reasons and explain why I do not find any of them convincing.
Judicial Creation Of Norms In Japanese Labor Law: Activism In The Service Of — Stability?, Daniel H. Foote
Judicial Creation Of Norms In Japanese Labor Law: Activism In The Service Of — Stability?, Daniel H. Foote
Articles
This Article begins by examining the judiciary's role in employment litigation. Part II then considers the implications of this and related examples of judicial creation of norms in Japan. Plainly, in this context the stereotype of a passive judiciary with little significance for private parties is inaccurate. Yet do these cases truly reflect judicial "activism"? What is their significance with respect to the separation of powers debate? Even with regard to the sphere of private ordering, what judicial philosophy do they reflect? This Article then examines the impact that this judicially created set of employment norms has had, both on …
Balancing The Barriers: Exploiting And Creating Incentives To Promote Development Of New Tuberculosis Treatments, Patricia C. Kuszler
Balancing The Barriers: Exploiting And Creating Incentives To Promote Development Of New Tuberculosis Treatments, Patricia C. Kuszler
Articles
This Article considers the many barriers that health-care providers and public health authorities face in stemming the modem TB epidemic. Part II reviews historical public health measures, their results, and their adaptability to resurgent and MDR-TB. Part III considers the fundamental barriers to a successful global effort using these public health strategies, concluding that these barriers are insurmountable given the current arsenal of anti-tuberculosis therapies. Part IV examines the reasons why research and development of new anti-tuberculosis drugs and vaccines have stagnated over the last quarter century. Finally, part V explores incentives that might revive research and development of such …
Race And Place: Geographic And Transcendent Community In The Post-Shaw Era, Lisa A. Kelly
Race And Place: Geographic And Transcendent Community In The Post-Shaw Era, Lisa A. Kelly
Articles
Race and Place is a narrative article, both fictional and true, dedicated to exploring the dual realities of a geographic and transcendent community in the context of the Supreme Court's recent decisions in Shaw v. Reno and Miller v. Johnson. The Court has allowed and affirmed constitutional challenges to districts drawn to empower African-Americans "with nothing in common but the color of their skin." The Article draws upon history, literature, political science, and law to critique the Court's assumptions concerning the challenged districts and to demonstrate the existence of African-American communities of interest which are both geographically bounded by …
Contingency Fee Abuses, Ethical Mandates, And The Disciplinary System: The Case Against Case-By-Case Enforcement, Lester Brickman
Contingency Fee Abuses, Ethical Mandates, And The Disciplinary System: The Case Against Case-By-Case Enforcement, Lester Brickman
Articles
Contingency fee abuses are attracting increased public attention. Particular interest is focused on the enormous contingency fees generated by mass tort litigation; in some cases, lawyers are collecting multi-million dollar fees essentially for performing paralegal work. In addition, the relationship between the availability of enormous contingency fees and the amassing of thousands of claims of injury in order to dramatically shift the litigation dynamic in favor of plaintiffs is becoming increasingly apparent. For example, the possibility that major ongoing massive litigations, such as those involving silicone breast implants and the as yet nascent litigation involving the contraceptive Norplant, have much …
Art Speech, Marci A. Hamilton
Art Speech, Marci A. Hamilton
Articles
Although many scholars have been in favor of providing first amendment protection for art, no one has offered a justification for its constitutional protection suited to art's singular capacities. Rather, commentators and courts have been inclined to place art under the rubric of general speech, which limits protection to ideas and content. Professor Hamilton argues that art offers significantly more than its content and deserves first amendment protection tailored to its particular potential. Art enables individuals to experience unfamiliar worlds and thereby to gain new perspectives on the prevailing status quo, including the government's. It performs this function without exposing …
From Consumer Choice To Consumer Welfare, Carl E. Schneider
From Consumer Choice To Consumer Welfare, Carl E. Schneider
Articles
In trying to understand the I SUPPORT study, it may be useful to think of contemporary bioethics reform in terms of the principles of consumer protection. The central tendency of that reform (particularly in my own field-the law) has been to employ the model of consumer choice. That model sets as its purpose to allow consumers to choose the kinds of products they prefer. It seeks to accomplish that purpose primarily by supplying consumers the information they need to make choices and by insisting that they are given what they chose. Thus, for example, merchants may be required to reveal …
Grace Is Everywhere, Eamon Maher
Grace Is Everywhere, Eamon Maher
Articles
Marerial reproduced by kind permission of Doctrine and Life.
Reforming Cocaine Sentencing: The New Commission Speaks, David Yellen
Reforming Cocaine Sentencing: The New Commission Speaks, David Yellen
Articles
No abstract provided.
On The Duties And Rights Of Parents, Carl E. Schneider
On The Duties And Rights Of Parents, Carl E. Schneider
Articles
The law of the family is the law of the absurd. Law is a system of rules administered institutionally, and thus it must treat people categorically. When law regulates economic life, it finds people at arguably their most schematic, motivated-perhaps-by a relatively unitary conception of their interest pursued in relatively rational ways. But in family life, people are at their least schematic and at their most frustratingly human, various, idiosyncratic, irrational, and perverse, and the law's efforts to affect them are thus often quixotic. In Parents as Fiduciaries, 1 Professor Scott and Dean Scott strikingly and boldly deploy the …
Power, Responsibility, And Republican Democracy, Marci A. Hamilton
Power, Responsibility, And Republican Democracy, Marci A. Hamilton
Articles
No abstract provided.
The Introduction Of Programmes To Prevent Accidents At Work: A Strategic Analysis, David Jacobson, Ziene Mottiar
The Introduction Of Programmes To Prevent Accidents At Work: A Strategic Analysis, David Jacobson, Ziene Mottiar
Articles
No abstract provided.
Two Challenges For Feminist Thought, Richard A. Epstein
Two Challenges For Feminist Thought, Richard A. Epstein
Articles
No abstract provided.
The Status-Production Sideshow: Why The Antidiscrimination Laws Are Still A Mistake, Richard A. Epstein
The Status-Production Sideshow: Why The Antidiscrimination Laws Are Still A Mistake, Richard A. Epstein
Articles
No abstract provided.
Using Common Law Principles In Regulatory Schemes (With A Note On Victimology), Cass R. Sunstein
Using Common Law Principles In Regulatory Schemes (With A Note On Victimology), Cass R. Sunstein
Articles
No abstract provided.
Rights And Their Critics Propter Honoris Respectum, Cass R. Sunstein
Rights And Their Critics Propter Honoris Respectum, Cass R. Sunstein
Articles
No abstract provided.
What The Civil Rights Movement Was And Wasn't, Cass R. Sunstein
What The Civil Rights Movement Was And Wasn't, Cass R. Sunstein
Articles
In this David C. Baum Memorial Lecture on Civil Liberties and Civil Rights, Professor Sunstein begins by noting that participants in the civil rights movement were often backward looking and even conservative, invoking commitments from the nation's past and arguing against reliance on the judiciary and the Supreme Court. They stressed above all two time-honored liberal principles: freedom from desperate conditions and opposition to caste. It is wrong to say (as many now do) that the movement was founded on a principle of race neutrality, and also wrong to say (as some now do) that the movement was opposed to …
The Regulation Of Social Meaning, Lawrence Lessig
Judges' Writing Styles (And Do They Matter?), Richard A. Posner
Judges' Writing Styles (And Do They Matter?), Richard A. Posner
Articles
No abstract provided.