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 6721 - 6750 of 7461

Full-Text Articles in Entire DC Network

Eighteenth Century Presidency In A Twenty-First Century World, An, Cass R. Sunstein Jan 1995

Eighteenth Century Presidency In A Twenty-First Century World, An, Cass R. Sunstein

Articles

No abstract provided.


The Costs Of Enforcing Legal Rights, Richard A. Posner Jan 1995

The Costs Of Enforcing Legal Rights, Richard A. Posner

Articles

No abstract provided.


A Thoretical And Empirical Investigation Of Public Health Subsidies For Std Testing, Richard A. Posner, Tomas J. Philipson Jan 1995

A Thoretical And Empirical Investigation Of Public Health Subsidies For Std Testing, Richard A. Posner, Tomas J. Philipson

Articles

No abstract provided.


The Permit Power Meets The Constitution, Richard A. Epstein Jan 1995

The Permit Power Meets The Constitution, Richard A. Epstein

Articles

No abstract provided.


Between Russia And China: Political Reform In Mongolia, Tom Ginsburg Jan 1995

Between Russia And China: Political Reform In Mongolia, Tom Ginsburg

Articles

No abstract provided.


The Spatial Bias Of Federal Housing Law And Policy: Concentrated Poverty In Urban America, Michael H. Schill, Susan Wachter Jan 1995

The Spatial Bias Of Federal Housing Law And Policy: Concentrated Poverty In Urban America, Michael H. Schill, Susan Wachter

Articles

No abstract provided.


Gomorrah To Ybarra And More: Overextraction And The Puzzle Of Immoderate Group Liability, Saul Levmore Jan 1995

Gomorrah To Ybarra And More: Overextraction And The Puzzle Of Immoderate Group Liability, Saul Levmore

Articles

No abstract provided.


Rethinking Group Responsibility And Strategic Threats In Biblical Texts And Modern Law, Saul Levmore Jan 1995

Rethinking Group Responsibility And Strategic Threats In Biblical Texts And Modern Law, Saul Levmore

Articles

No abstract provided.


What Is The Goal Of Campaign Finance Reform?, David A. Strauss Jan 1995

What Is The Goal Of Campaign Finance Reform?, David A. Strauss

Articles

No abstract provided.


Surrogacy: The Case For Full Contractual Enforcement, Richard A. Epstein Jan 1995

Surrogacy: The Case For Full Contractual Enforcement, Richard A. Epstein

Articles

No abstract provided.


Fear Of Foreigners: Nativism And Workplace Language Restrictions, Mark Adams Jan 1995

Fear Of Foreigners: Nativism And Workplace Language Restrictions, Mark Adams

Articles

No abstract provided.


The Metaphor Is The Key: Cryptography, The Clipper Chip, And The Constitution, A. Michael Froomkin Jan 1995

The Metaphor Is The Key: Cryptography, The Clipper Chip, And The Constitution, A. Michael Froomkin

Articles

No abstract provided.


Constitutional Anomaly In The Czech Republic, A Special Reports, Cass R. Sunstein Jan 1995

Constitutional Anomaly In The Czech Republic, A Special Reports, Cass R. Sunstein

Articles

No abstract provided.


Free Speech And Democracy Proceedings: Keynote Address, Cass R. Sunstein Jan 1995

Free Speech And Democracy Proceedings: Keynote Address, Cass R. Sunstein

Articles

No abstract provided.


On The Expressive Function Of Law, Cass R. Sunstein Jan 1995

On The Expressive Function Of Law, Cass R. Sunstein

Articles

No abstract provided.


Problems With Rules, Cass R. Sunstein Jan 1995

Problems With Rules, Cass R. Sunstein

Articles

Many of the most difficult issues in law involve the choice between rules and rulelessness in cases where both seem unacceptable. The principal goal of this Article is to point the way toward a more refined understanding of the ideal of the rule of law, one that sees a degree of particularity, and a degree of law-making at the point of application, as important parts of that ideal. The Article defends a form of casuistry and describes the potentially democratic foundations of the casuistical enterprise in law. It begins by describing the distinctive advantages of rules and law via rules, …


Reinventing The Regulatory State, Cass R. Sunstein, Richard H. Pildes Jan 1995

Reinventing The Regulatory State, Cass R. Sunstein, Richard H. Pildes

Articles

No abstract provided.


Theodore I. Koskoff Lecture Series: Social Norms And Big Government, The Lecture, Cass R. Sunstein Jan 1995

Theodore I. Koskoff Lecture Series: Social Norms And Big Government, The Lecture, Cass R. Sunstein

Articles

No abstract provided.


Double Binds Facing Mothers In Abusive Families: Social Support Systems, Custody Outcomes, And Liability For Acts Of Others, Mary E. Becker Jan 1995

Double Binds Facing Mothers In Abusive Families: Social Support Systems, Custody Outcomes, And Liability For Acts Of Others, Mary E. Becker

Articles

No abstract provided.


The Jurisprudence Of Antitrust, Daniel J. Gifford Jan 1995

The Jurisprudence Of Antitrust, Daniel J. Gifford

Articles

ANTITRUST law is widely perceived to be the legal guardian of the competitive process. To the extent that it performs its role, the nation benefits. In the short-term, the nation benefits from a market process which efficiently allocates society's resources in accordance with consumer demand. In the long-term, the nation benefits as more efficient producers gradually replace less efficient producers, thus lowering the cost and increasing the supply of goods and services.


Judicial Waiver Policy And Practice: Persistence, Seriousness And Race, Marcy Rasmussen Podkopacz, Barry C. Feld Jan 1995

Judicial Waiver Policy And Practice: Persistence, Seriousness And Race, Marcy Rasmussen Podkopacz, Barry C. Feld

Articles

One of the most controversial contemporary criminal policy issues is whether serious or chronic young offenders should be tried and sentenced as juveniles or adults. Defining the boundary between juvenile and criminal courts depends upon the answers to a host of inter-related questions: Who are serious juvenile offenders? On the basis of what characteristics are they identified? Who should decide which system will deal with them and why? Does it make any difference, either symbolically or in terms of public safety, whether states try and sentence some youths as juveniles or adults? The diversity of legislative strategies to resolve these …


A Charitable Corporate Giving Justification For The Socially Responsible Investment Of Pension Funds: A Populist Argument For The Public Use Of Private Wealth, Edward S. Adams, Karl D. Knutsen Jan 1995

A Charitable Corporate Giving Justification For The Socially Responsible Investment Of Pension Funds: A Populist Argument For The Public Use Of Private Wealth, Edward S. Adams, Karl D. Knutsen

Articles

This Article proposes a novel justification for the socially responsible investment of pension funds based upon traditional principles of charitable corporate giving and populism. This Article asserts that the justifications employed by courts in the first half of the twentieth century to expand the direct benefit doctrine in the charitable corporate giving context provide a foundation for allowing socially responsible investing in the pension fund context today. In formulating this thesis, Part I of this Article surveys the present limitations placed upon pension fund fiduciaries in the context of socially responsible investing. Part II then describes the traditional legal model …


Strategic Approaches To Crime Prevention, Michael Tonry, David P. Farrington Jan 1995

Strategic Approaches To Crime Prevention, Michael Tonry, David P. Farrington

Articles

No abstract provided.


Judicial Ethics Simulation Based Training, Stephen M. Simon, Maury S. Landsman Jan 1995

Judicial Ethics Simulation Based Training, Stephen M. Simon, Maury S. Landsman

Articles

The Judicial Ethics Education Project trains trial judges to be aware of ethical issues that arise in the trial process. The project employs case simulations that raise ethical and management issues requiring immediate attention during the course of a trial. The goal of the project is to provide sitting judges with a basis on which to make similar decisions during trials. The project grew out of and is incorporated into the Minnesota Judicial Trial Skills Training Program ("MJTSTP") at the University of Minnesota, which was created in 1986 by Professor Steve Simon and Judge Bertrand Portisky and is mandatory for …


Title Vii Arbitration, Patrick O. Gudridge Jan 1995

Title Vii Arbitration, Patrick O. Gudridge

Articles

Supreme Court decisions establish two separate lines of analysis concerning whether arbitration agreements should pre-empt judicial remedies for parties already covered by employment and labor legislation. First, in cases like Gilmer v. Interstate/Johnson Corp., the Supreme Court espouses a procedural analysis: the Court considers the extent to which the arbitration procedures reflect judicial processes. In Alexander v. Gardner-Denver and its successors, on the other hand, the Court examines whether the applicable statutes explicitly pre-empt the arbitration agreement. This article argues that neither approach is helpful. Rather, 'courts should consider whether the relevant statute applies standards derived essentially from "inside" …


Defending Racial Violence, Anthony V. Alfieri Jan 1995

Defending Racial Violence, Anthony V. Alfieri

Articles

No abstract provided.


An Introduction To Environmental Law In The United States, Michael E. Herz Jan 1995

An Introduction To Environmental Law In The United States, Michael E. Herz

Articles

No abstract provided.


Opinion Letter As To The Patentability Of Certain Inventions Associated With The Identification Of Partial Cdna Sequences, Rebecca S. Eisenberg, Robert P. Merges Jan 1995

Opinion Letter As To The Patentability Of Certain Inventions Associated With The Identification Of Partial Cdna Sequences, Rebecca S. Eisenberg, Robert P. Merges

Articles

You have asked for our legal opinion on the patentability of inventions claimed in U.S. patent applications 07/716,831, filed June 21, 1991 (the '831 application, or .'831"), 07/837,195, filed September 25, 1992 ("'195"), and 07/952,911, filed February 12, 1993 (."911"), all filed in the name of Craig Venter and others and assigned to the National Institutes of Health "(NIH)." We understand that NIH has abandoned these patent applications and has no present intention of filing similar applications in the future, but that NIH remains interested in the patenting of human DNA sequences from a broader public policy perspective. We have …


Reply To Comments On The Patentability Of Certain Inventions Associated With The Identification Of Partial Cdna Sequences, Rebecca S. Eisenberg, Robert P. Merges Jan 1995

Reply To Comments On The Patentability Of Certain Inventions Associated With The Identification Of Partial Cdna Sequences, Rebecca S. Eisenberg, Robert P. Merges

Articles

A brief reply is in order to clarify our position on the patenting of research tools. We stand by the statement that "there are reasons to be wary of patents on research tools," but that statement should not be understood as a broad condemnation of patents on research tools in all contexts. Indeed, immediately after the cited language our opinion letter acknowledges that withholding patent protection from research tools could undermine private incentives to develop research tools and to make them available to investigators or lead to greater reliance on trade secrecy. Unlike the government, which purports to pursue patent …


Art Of Judgement In Planned Parenthood V. Casey, James Boyd White Jan 1995

Art Of Judgement In Planned Parenthood V. Casey, James Boyd White

Articles

This article was excerpted and abridged with permission from a chapter in Professor White's recent book Acts of Hope: Creating Authority in Literature, Law, and Politics. In the book, he explores the nature of authority in various cultural contexts. Here he examines the Joint Opinion in Planned Parenthood v. Casey, which has been attacked both from the right, on the grounds that it tried to keep Roe v. Wade alive, and from the left, on the grounds that it significantly weakens the force of that case. Professor White, by contrast, admires it greatly, and in this chapter explains …