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Articles 6871 - 6900 of 7461
Full-Text Articles in Entire DC Network
Choosing Between Normative And Descriptive Versions Of The Judicial Role, Michael E. Herz
Choosing Between Normative And Descriptive Versions Of The Judicial Role, Michael E. Herz
Articles
No abstract provided.
Bioethics And The Family: The Cautionary View From Family Law, Carl E. Schneider
Bioethics And The Family: The Cautionary View From Family Law, Carl E. Schneider
Articles
For many years, the field of bioethics has been specially concerned with how the authority to make medical decisions should be allocated between doctor and patient. Today the patient's power-indeed, the patient's right-is widely acknowledged, at least in principle. But this development can hardly be the last word in our thinking about how medical decisions should be made. For one thing, sometimes patients cannot speak for themselves. For another, patients· make medical decisions in contexts that significantly include more participants than just the patient and doctor. Now, as this conference demonstrates, bioethics is beginning to ask what role the patient's …
Deference Running Riot: Separating Interpretation And Lawmaking Under Chevron, Michael E. Herz
Deference Running Riot: Separating Interpretation And Lawmaking Under Chevron, Michael E. Herz
Articles
No abstract provided.
Competition Among Municipalities As A Constraint On Land Use Exactions, Stewart E. Sterk
Competition Among Municipalities As A Constraint On Land Use Exactions, Stewart E. Sterk
Articles
The article examines the limitations of competition among municipalities in constraining the abuse of land use exactions and impact fees, arguing that while competition provides some checks, it is insufficient to prevent distortions in land markets. It critiques the Tiebout hypothesis, which assumes that intermunicipal competition leads to efficient allocation of public goods, and highlights how monopoly power in certain land uses undermines this theory. The analysis emphasizes the need for legal constraints to address the exploitation of landowners and ensure exactions align with the external costs of development.
Coordinating Sanctions For Corporate Misconduct: Civil Or Criminal Punishment, David Yellen, Carl J. Mayer
Coordinating Sanctions For Corporate Misconduct: Civil Or Criminal Punishment, David Yellen, Carl J. Mayer
Articles
No abstract provided.
The Channelling Function In Family Law, Carl E. Schneider
The Channelling Function In Family Law, Carl E. Schneider
Articles
On an occasion such as this, we are called to step back from our daily work to seek what Justice Holmes called a "liberal view" of our subject. Today, I propose to do so by exploring a function of family law that I believe is basic, that underlies much of family law, that resonates with the deepest purposes of culture but that is rarely addressed expressly-namely, what I call the "channelling function." As I will soon explain at length, in the channelling function the law recruits, builds, shapes, sustains; and promotes social institutions. My exploration of this topic will have …
Fifth Amendment Takings Implications Of The 1990 Native American Graves Protection And Repatriation Act, Ralph W. Johnson, Sharon I. Haensly
Fifth Amendment Takings Implications Of The 1990 Native American Graves Protection And Repatriation Act, Ralph W. Johnson, Sharon I. Haensly
Articles
In November 1990, Congress passed the Native American Graves Protection and Repatriation Act ("NAGPRA"). NAGPRA provides for the protection and disposition of Native American cultural items discovered on federal or tribal lands after NAGPRA's effective date. NAGPRA also addresses disposition of those objects currently held or controlled by federal agencies and museums. NAGPRA represents Congress' attempt to resolve years of debate between tribes, archaeologists, and museums. Like any legislative pronouncement, however, Congress left key issues to agencies and courts to resolve. This article focuses upon one such area, namely, Fifth Amendment takings questions that may arise when tribes or individual …
Rights And 'Rights Talk' (Reviewing Mary Ann Glendon, Rights Talk: The Impoverishment Of Political Discourse (1991)), Richard A. Epstein
Rights And 'Rights Talk' (Reviewing Mary Ann Glendon, Rights Talk: The Impoverishment Of Political Discourse (1991)), Richard A. Epstein
Articles
No abstract provided.
Fifty Jurisdictions In Search Of A Standard: The Covenant Of Good Faith And Fair Dealing In The Employment Context, Monique C. Lillard
Fifty Jurisdictions In Search Of A Standard: The Covenant Of Good Faith And Fair Dealing In The Employment Context, Monique C. Lillard
Articles
No abstract provided.
Architectural Design Principles For Communal Dwellings, Imre Halasz, Noel Brady
Architectural Design Principles For Communal Dwellings, Imre Halasz, Noel Brady
Articles
Principles of communal housing design based on a reading of Alvar Aalto's Baker House Student Dormitory at MIT.
Affirmative Action In Law Schools: The Uneasy Truce, Richard A. Epstein
Affirmative Action In Law Schools: The Uneasy Truce, Richard A. Epstein
Articles
No abstract provided.
On Property And Constitutionalism Comparative Constitutionalism: Theoretical Perspectives On The Role Of Constitutions In The Interplay Between Identity And Diversity, Cass R. Sunstein
Articles
No abstract provided.
Something Old, Something New Feature, Cass R. Sunstein
Religious Participation In Public Programs--Religious Freedom At A Crossroads, Michael W. Mcconnell
Religious Participation In Public Programs--Religious Freedom At A Crossroads, Michael W. Mcconnell
Articles
No abstract provided.
Should Congress Pass Legislation Restoring The Broader Interpretation Of Free Exercise Of Religion?, Michael W. Mcconnell
Should Congress Pass Legislation Restoring The Broader Interpretation Of Free Exercise Of Religion?, Michael W. Mcconnell
Articles
No abstract provided.
Abstraction And Authority, Frank H. Easterbrook
Bills Of Rights And Regression To The Mean, Frank H. Easterbrook
Bills Of Rights And Regression To The Mean, Frank H. Easterbrook
Articles
No abstract provided.
Why Is Health Care Special?, Richard A. Epstein
Relative Preferences, Richard H. Mcadams
The Deprofessionalization Of Legal Teaching And Scholarship, Richard A. Posner
The Deprofessionalization Of Legal Teaching And Scholarship, Richard A. Posner
Articles
No abstract provided.
The Illusory Distinction Between Equality Of Opportunity And Equality Of Result, David A. Strauss
The Illusory Distinction Between Equality Of Opportunity And Equality Of Result, David A. Strauss
Articles
No abstract provided.
The Senate, The Constitution, And The Confirmation Process, David A. Strauss, Cass R. Sunstein
The Senate, The Constitution, And The Confirmation Process, David A. Strauss, Cass R. Sunstein
Articles
No abstract provided.
Justice Blackmun And Individual Rights, Diane P. Wood
Exit: Power And The Idea Of Leaving In Love, Work, And The Confirmation Hearings, Martha R. Mahoney
Exit: Power And The Idea Of Leaving In Love, Work, And The Confirmation Hearings, Martha R. Mahoney
Articles
No abstract provided.
Outsider Scholarship: The Law Review Stories, Mary I. Coombs
Outsider Scholarship: The Law Review Stories, Mary I. Coombs
Articles
No abstract provided.
Free Speech Now, Cass R. Sunstein
In Memoriam: Hans, Cass R. Sunstein
In Memoriam: Hans, Cass R. Sunstein
Informing America: Risk, Disclosure, And The First Amendment, Cass R. Sunstein
Informing America: Risk, Disclosure, And The First Amendment, Cass R. Sunstein
Articles
No abstract provided.
A Common Lawyer Looks At Constitutional Interpretation, Richard A. Epstein
A Common Lawyer Looks At Constitutional Interpretation, Richard A. Epstein
Articles
No abstract provided.