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Articles 6931 - 6960 of 7455
Full-Text Articles in Entire DC Network
Conflicts Between Religious And Secular Law: Common Themes In The English Experience, 1250-1640, Richard H. Helmholz
Conflicts Between Religious And Secular Law: Common Themes In The English Experience, 1250-1640, Richard H. Helmholz
Articles
No abstract provided.
Beyond Griswold: Foucauldian And Republican Approaches To Privacy, Stephen J. Schnably
Beyond Griswold: Foucauldian And Republican Approaches To Privacy, Stephen J. Schnably
Articles
No abstract provided.
Constitutionalism And Secession, Cass R. Sunstein
Democratizing America Through Law, Cass R. Sunstein
What Judge Bork Should Have Said, Cass R. Sunstein
Administrative Substance Twenty-Second Annual Administrative Law Issue, Cass R. Sunstein
Administrative Substance Twenty-Second Annual Administrative Law Issue, Cass R. Sunstein
Articles
No abstract provided.
Protectionism As A Safeguard: A Positive Analysis Of The Gatt Escape Clause With Normative Speculations, Alan O. Sykes
Protectionism As A Safeguard: A Positive Analysis Of The Gatt Escape Clause With Normative Speculations, Alan O. Sykes
Articles
No abstract provided.
Adjudication In Independent Tribunals: The Role Of An Alternative Agency Structure, Daniel J. Gifford
Adjudication In Independent Tribunals: The Role Of An Alternative Agency Structure, Daniel J. Gifford
Articles
Much present-day administrative adjudication takes place in a procedural context which is significantly different from that of the traditional regulatory agency. 1 In agency proceedings ranging from administrative enforcement under the Occupational Safety and Health Act to the resolution of claims under the veterans benefits acts, adjudication is conducted by tribunals which are practically and often formally independent of the administering or enforcement authority. Appeals or review functions are performed either by other independent administrative bodies or the courts. In the classic regulatory agencies the opposite was the case. In those agencies, the agency head invariably held the power of …
Shareholder Rights And Legislative Wrongs: Toward Balanced Takeover Legislation, John H. Matheson, Brent A. Olson
Shareholder Rights And Legislative Wrongs: Toward Balanced Takeover Legislation, John H. Matheson, Brent A. Olson
Articles
In recent years, there has been a significant increase in the number of hostile share acquisitions of American businesses. The authors examine the validity of the various defensive measures employed by target companies to defeat or deter a hostile takeover bid. They argue that antitakeover activity should not be viewed as a separate subset of legal analysis; rather, it should be analyzed according to four traditional principles of corporate governance: (1) the discretion afforded corporate management by the business judgment rule; (2) the prohibition against discriminating between members of the same class of shareholders; (3) the prohibition against shifting control …
Public Prosecution And Hydro-Engineering, Michael Tonry
Public Prosecution And Hydro-Engineering, Michael Tonry
Articles
There are inherent tensions between conceptions of public prosecutors as elected officials who respond to public intolerance of crime and criminals and as officers of the court who answer to normative injunctions of fairness and dispassion. Discussion of prosecutors' roles has progressed little beyond recognition of inherent tensions. There is no literature on prosecutorial strategies. The empirical literature on prosecutorial operations is scant.
Employee Handbooks And The Legal Effect Of Disclaimers, Stephen F. Befort
Employee Handbooks And The Legal Effect Of Disclaimers, Stephen F. Befort
Articles
In his article, Professor Befort discusses the use of employee handbook disclaimers in the workplace. He begins the article with an examination of the employment-at-will rule, its history, and exceptions which recently have been utilized by courts that refuse to apply the rule under certain conditions. He then turns to the use of handbook disclaimers and explores the varying contexts in which courts agree or decline to enforce them. Finally, Professor Befort offers a somewhat different approach which takes into account both the benefits employers derive from the use of handbooks and the reasonable expectations they instill in employees.
Wills And Trusts: "The Kingdom Of The Fathers", Mary Louise Fellows
Wills And Trusts: "The Kingdom Of The Fathers", Mary Louise Fellows
Articles
The purpose of my talk today is to use doctrines in wills and trusts law as the yardstick with which to measure the Kingdom of the Fathers. I will show that wills and trusts law has always and 2 continues to operate to preserve and sustain their Kingdom.
The Transformation Of The Juvenile Court, Barry C. Feld
The Transformation Of The Juvenile Court, Barry C. Feld
Articles
Ideological changes in the cultural conception of children and in strategies of social control during the nineteenth century led to the creation of the juvenile court. At the dawn of the twentieth century, Progressive reformers applied the new theories of social control to the new ideas about childhood and created a social welfare alternative to criminal courts to treat criminal and noncriminal misconduct by youth.
Bfoq Revisited: Johnson Controls Halts The Expansion Of The Defense To Intentional Sex Discrimination, Stephen F. Befort
Bfoq Revisited: Johnson Controls Halts The Expansion Of The Defense To Intentional Sex Discrimination, Stephen F. Befort
Articles
The bona fide occupational qualification (BFOQ) is a statutory defense to intentional discrimination under Title VII. 1 The BFOQ defense permits an employer to adopt an otherwise facially discriminatory employment practice if "reasonably necessary to the normal operation of that particular business. . . ." 2 Both the courts and the Equal Employment Opportunity Commission (EEOC) have traditionally interpreted this defense very narrowly. A gender-based employment classification, for example, qualifies as a BFOQ only if the failure to adopt a single-sex policy undermines the employer's ability to accomplish its essential business mission. 3
College Presidents And The Ncaa Presidents' Commission: All Bark And No Bite, Laurence M. Rose
College Presidents And The Ncaa Presidents' Commission: All Bark And No Bite, Laurence M. Rose
Articles
No abstract provided.
1992: The Case Of Financial Services, Caroline Bradley
Environmental Warfare [Comment], Bernard H. Oxman
Controlling Legislative Shortsightedness: The Effectiveness Of Constitutional Debt Limitations, Stewart E. Sterk, Elizabeth S. Goldman
Controlling Legislative Shortsightedness: The Effectiveness Of Constitutional Debt Limitations, Stewart E. Sterk, Elizabeth S. Goldman
Articles
In this article, Professor Sterk and Ms. Goldman examine the efficacy of constitutional debt limitations as a method of controlling the incurrence of public debt. In examining the historical development of such limitations, the authors conclude that they are responses to perceived deficiencies in the legislative process rather than reactions to specific instances of legislative abuse. The authors determine, however, that courts have transformed absolute constraints on legislative power to incur debt into more flexible limitations that leave the judiciary with a substantial role in determining the fate of proposed borrowing schemes. Moreover, the authors found that few states revised …
Expert Evidence, Samuel R. Gross
Expert Evidence, Samuel R. Gross
Articles
It seems that the use of expert witnesses in common law courts has always been troublesome. In his Treatise on the Law of Evidence, first published in 1848, Judge John Pitt Taylor describes several classes of witnesses whose testimony should be viewed with caution, including: enslaved people (which accounts for "the lamentable neglect of truth, which is evinced by most of the nations of India, by the subjects of the Czar, and by many of the peasantry in Ireland"); women (because they are more susceptible to "an innate vain love of the marvelous"); and "foreigners and others ... living out …
Outsider Jurisprudence And The Electronic Revolution: Will Technology Help Or Hinder The Cause Of Law Reform, Jean Stefancic, Richard Delgado
Outsider Jurisprudence And The Electronic Revolution: Will Technology Help Or Hinder The Cause Of Law Reform, Jean Stefancic, Richard Delgado
Articles
No abstract provided.
In Search Of Family Value: Constructing A Framework For Jurisprudential Discourse, Steven H. Hobbs
In Search Of Family Value: Constructing A Framework For Jurisprudential Discourse, Steven H. Hobbs
Articles
No abstract provided.
The Multiple-Marriage Society And Spousal Rights Under The Revised Uniform Probate Code, Lawrence W. Waggoner
The Multiple-Marriage Society And Spousal Rights Under The Revised Uniform Probate Code, Lawrence W. Waggoner
Articles
Nearly everyone knows about the transformation of the American family that has taken place over the last couple of decades. The changes, from the latter half of the 1970s into the present, comprise one of the great events of our age. Articles on one aspect or another of the phenomenon frequent the popular press, and a special edition of Newsweek was recently devoted to the topic.' The traditional "Leave It To Beaver" family no longer prevails in American society. To be sure, families consisting of a wage-earning husband, a homemaking and child-rearing wife, and their two joint children still exist. …
Ex Proprio Vigore, James J. White
Ex Proprio Vigore, James J. White
Articles
The National Conference of the Commissioners on Uniform State Laws (NCCUSL) is a legislature in every way but one. It drafts uniform acts, debates them, passes them, and promulgates them, but that passage and promulgation do not make these uniform acts law over any citizen of any state. These acts become the law of the various states only ex proprio vigore - only if their own vitality influences the legislators of the various states to pass them.
Zero-Based Racial Politics And An Infinity-Based Response: Will Endless Talking Cure America's Racial Ills Colloquy, Richard Delgado
Zero-Based Racial Politics And An Infinity-Based Response: Will Endless Talking Cure America's Racial Ills Colloquy, Richard Delgado
Articles
No abstract provided.
When Is There A Constitutional 'Right To Die'? When Is There No Constitutional 'Right To Live'?, Yale Kamisar
When Is There A Constitutional 'Right To Die'? When Is There No Constitutional 'Right To Live'?, Yale Kamisar
Articles
When I am invited to participate in conferences on the "right to die," I suspect that the organizers of such gatherings expect me to fill what might be called the " 'slippery slope' slot" on the program or, more generally, to articulate the "conservative" position on this controversial matter. These expectations are hardly surprising. The "right to die" is a euphemism for what almost everybody used to call a form of euthanasia-" passive" or "negative" or "indirect" euthanasia-and some thirty years ago, in the course of raising various objections to proposed euthanasia legislation, I advanced the "thin edge of the …
Nōryoku Shōgai Wo Motsu Amerikajin Ni Kansuru Hōritsu (Ada) To Amerikahō Ni Okeru Sabetsu No Gainen [The Americans With Disabilities Act And Concepts Of Discrimination In U.S. Law], Daniel H. Foote
Articles
Paradoxical as it may seem, Title I of the Americans with Disabilities Act (hereinafter, "ADA"), which deals with employment of the disabled, at one and_ the same time represents only a gradual advance over existing law and a pathbreaking new statute with far-reaching implications. On the one hand, the ADA merely builds on the foundations laid in the Rehabilitation Act of 1973, with the key provisions of the ADA closely parallelling approaches taken in the Rehabilitation Act and regulations implementing it. On the other hand, the ADA vastly expands the coverage of the Rehabilitation Act, thereby establishing that integration of …
Who Should Live-Or Die? Who Should Decide?, Yale Kamisar
Who Should Live-Or Die? Who Should Decide?, Yale Kamisar
Articles
TRIAL asked Professor Kamisar questions on legal and ethical issues surrounding the right to die, a subject attracting increasing interest across the country and around the world.
Justice O'Connor's Intellectual Property Opinions: Currents And Crosscurrents, Marci A. Hamilton
Justice O'Connor's Intellectual Property Opinions: Currents And Crosscurrents, Marci A. Hamilton
Articles
No abstract provided.
The Section Of Taxation: The First Fifty Years, James P. Holden, Harry K. Mansfield, John S. Nolan, K. Martin Worthy, James B. Lewis, Don V. Harris Jr., Mac Asbill Jr.
The Section Of Taxation: The First Fifty Years, James P. Holden, Harry K. Mansfield, John S. Nolan, K. Martin Worthy, James B. Lewis, Don V. Harris Jr., Mac Asbill Jr.
Articles
No abstract provided.
Greenmail, Golden Parachutes And The Internal Revenue Code: A Tax Policy Critique Of Sections 280g, 4999 And 5881, Edward A. Zelinsky
Greenmail, Golden Parachutes And The Internal Revenue Code: A Tax Policy Critique Of Sections 280g, 4999 And 5881, Edward A. Zelinsky
Articles
No abstract provided.