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Articles 6961 - 6990 of 7455
Full-Text Articles in Entire DC Network
The Selective Funding Problem: Abortions And Religious Schools, Michael W. Mcconnell
The Selective Funding Problem: Abortions And Religious Schools, Michael W. Mcconnell
Articles
No abstract provided.
Success And The Judicial Power, Frank H. Easterbrook
Privatizing Federal Low Income Housing Assistance: The Case Of Public Housing, Michael H. Schill
Privatizing Federal Low Income Housing Assistance: The Case Of Public Housing, Michael H. Schill
Articles
No abstract provided.
Flag Burning And The Constitution, Geoffrey R. Stone
The Independence Of Judges: The Uses And Limitations Of Public Choice Theory, Richard A. Epstein
The Independence Of Judges: The Uses And Limitations Of Public Choice Theory, Richard A. Epstein
Articles
No abstract provided.
Religious Liberty In The Welfare State, Richard A. Epstein
Religious Liberty In The Welfare State, Richard A. Epstein
Articles
No abstract provided.
A Reconsideration Of The Relevance And Materiality Of The Preamble In Constitutional Interpretation, Brian Leiter, Carole E. Handler, Milton Handler
A Reconsideration Of The Relevance And Materiality Of The Preamble In Constitutional Interpretation, Brian Leiter, Carole E. Handler, Milton Handler
Articles
No abstract provided.
Just Compensation And Just Politics, Saul Levmore
Through The Looking-Glass And What The Idaho Supreme Court Found There, Dale Goble
Through The Looking-Glass And What The Idaho Supreme Court Found There, Dale Goble
Articles
No abstract provided.
The Third Best Choice: An Essay On Law And History, Theodore Y. Blumoff
The Third Best Choice: An Essay On Law And History, Theodore Y. Blumoff
Articles
The thesis of this Essay is that our use of history is as essential and unavoidable as conclusive answers are irretrievable. Irretrievability exists whether the historical reality sought results from a survey of traditional historical materials in an effort to recapture original understanding, or from a common-law effort to discover the Court's own history of an issue. In either case, however, the need to attempt to recover historical truths is perceived as essential. I subscribe, for the most part, to the contextualist premise that we cannot recover sufficient historical data on issues that matter to make history determinate in the …
Paradoxes Of The Regulatory State, Cass R. Sunstein
Principles, Not Fictions Exchange, Cass R. Sunstein
Republicanism And The Preference Problem, Cass R. Sunstein
Republicanism And The Preference Problem, Cass R. Sunstein
Articles
No abstract provided.
Why The Unconstitutional Conditions Doctrine Is An Anachronism (With Particular Reference To Religion, Speech, And Abortion), Cass R. Sunstein
Why The Unconstitutional Conditions Doctrine Is An Anachronism (With Particular Reference To Religion, Speech, And Abortion), Cass R. Sunstein
Articles
No abstract provided.
Can Employers Exclude Women Because Of Concerns For The Health And Safety Of Potential Fetuses?, Mary E. Becker
Can Employers Exclude Women Because Of Concerns For The Health And Safety Of Potential Fetuses?, Mary E. Becker
Articles
No abstract provided.
Major Developments In 1990 At The Un Commission On Human Rights, Reed Brody, Penny Parker, David Weissbrodt
Major Developments In 1990 At The Un Commission On Human Rights, Reed Brody, Penny Parker, David Weissbrodt
Articles
The forty-sixth session of the United Nations Commission on Human Rights met from 29 January to 9 March 1990. It was the first meeting of the Com- mission following the democratic changes in Central Europe, the suppression of the pro-democracy movement in China, and the US invasion of Panama. The Commission also met after the General Assembly had called for an enlargement of its membership to remedy the under-representation of third world countries, while asking the Commission to study ways of making its work more effective.
Just Deserts For Juveniles: Punishment V. Treatment And The Difference It Makes, Barry Feld
Just Deserts For Juveniles: Punishment V. Treatment And The Difference It Makes, Barry Feld
Articles
No abstract provided.
Brazil's New Constitution: An Exercise In Transient Constitutionalism For A Transitional Society, Keith S. Rosenn
Brazil's New Constitution: An Exercise In Transient Constitutionalism For A Transitional Society, Keith S. Rosenn
Articles
No abstract provided.
Autonomy, Community, And Traditions Of Liberty: The Contrast Of British And American Privacy Law Notes, Ronald J. Krotoszynski Jr.
Autonomy, Community, And Traditions Of Liberty: The Contrast Of British And American Privacy Law Notes, Ronald J. Krotoszynski Jr.
Articles
No abstract provided.
John Payne's Dream: A Brief History Of The University Of Alabama - School Of Law Library, 1887-1980, With Emphasis Upon Collection-Building, Paul M. Pruitt Jr., Penny Calhoun Gibson
John Payne's Dream: A Brief History Of The University Of Alabama - School Of Law Library, 1887-1980, With Emphasis Upon Collection-Building, Paul M. Pruitt Jr., Penny Calhoun Gibson
Articles
No abstract provided.
The First-Party Insurance Externality: An Economic Justification For Enterprise Liability, Jon D. Hanson, Kyle D. Logue
The First-Party Insurance Externality: An Economic Justification For Enterprise Liability, Jon D. Hanson, Kyle D. Logue
Articles
This Article explores the insurance and deterrence implications of important and long overlooked facts. Consumers are insured through first-party mechanisms against most of the risks of product accidents. However, first-party insurers rarely and imperfectly adjust premiums according to an individual consumer's decisions concerning exactly what products she will purchase, how many of those products she will purchase, and how carefully she will consume them. Such consumer decisions we refer to as "consumption choices. " This failure by first-party insurers to adjust premiums according to consumption choices gives rise to a first-party insurance externality. Based on this insight, this Article offers …
Some Implications Of Cognitive Psychology For Risk Regulation, Roger G. Noll, James E. Krier
Some Implications Of Cognitive Psychology For Risk Regulation, Roger G. Noll, James E. Krier
Articles
Beginning with a set of books and articles published in the 1950s, cognitive psychologists have developed a new descriptive theory of how people make decisions under conditions of risk and uncertainty. A dominant theme in the theory is that most people do not evaluate risky circumstances in the manner assumed by conventional decision theory-they do not, that is, seek to maximize the expected value of some function when selecting among actions with uncertain outcomes. The purpose of this article is to consider some implications of the cognitive theory for regulatory policies designed to control risks to life, health, and the …
Generalization In Interpretive Theory, Joseph Vining
Generalization In Interpretive Theory, Joseph Vining
Articles
There are arguments at large about the nature of legal interpretation, proceeding from an implicit proposition that interpretation is the same phenomenon or experience whatever its setting. An assumption that there is one phenomenon can be found in discussions among lawyers of interpretation and in discussions among nonlawyers of legal interpretation-and as often in the work of those who would deny there is any significance to theorizing about interpretation, as of those who think persuasion to a particular theory will have the utmost consequence for law and society. Proceeding from such a proposition, rather than toward it, raises the risk …
Norms And Normal Science: Toward A Critique Of Normativity In Legal Thought, Richard Delgado
Norms And Normal Science: Toward A Critique Of Normativity In Legal Thought, Richard Delgado
Articles
No abstract provided.
Afterword To Chicago-Kent Law Review, Theodore J. St. Antoine
Afterword To Chicago-Kent Law Review, Theodore J. St. Antoine
Articles
A unifying theme of this Symposium is as old and enduring as the common law: when and how can a well-established, successful adjudicative institution be adapted to meet the demands of new and substantially different situations? There have been splendid triumphs of transference, such as Lord Mansfield's appropriation of the law merchant in the eighteenth century as a major building block of modem commercial law. There have also been embarrassing failures, like the abortive effort to transport American labor law concepts en masse into the alien British environment of the early 1970s. The common question confronting the participants in this …
Risk And Design, James E. Krier
Risk And Design, James E. Krier
Articles
Risk springs from uncertainty,' uncertainty invites error, and, since error can be costly, we would prefer to avoid it (provided, of course, that avoidance is not more costly yet). While there is much in the Noll and Krier article2 about judgmental error under conditions of risk and uncertainty, there is little about ways to avoid it. So avoidance-more accurately, minimization-of error costs is the topic I want to address very briefly and partially here.
The Right To Die: Green Lights And Yellow Lights, Yale Kamisar
The Right To Die: Green Lights And Yellow Lights, Yale Kamisar
Articles
In the long-awaited and much-discussed Nancy Cruzan case, a 5-4 Supreme Court majority ruled that absent "clear and convincing evidence" that a once but no longer competent patient wishes to discontinue her life support (in this instance artificial nutrition and hydration) a state is not constitutionally compelled to terminate that support.
Nancy's situation is tragic. Since suffering severe injuries in 1983, she has been in a persistent vegetative state. Yet medical experts testified that if her feeding tube were not removed she could linger on in her present condition for many years.
But the first thing to keep in mind …
Kevin E. Kennedy, David L. Chambers
Kevin E. Kennedy, David L. Chambers
Articles
Our first encounter was on one of Kevin's many triumphant days during law school. Kevin, then a second year student, had advanced to the final round of the Campbell Competition, the moot court competition in which students brief and argue a case as if before the United States Supreme Court. I was one of the five "justices" who heard the case. The others were the dean and three distinguished appellate judges. Four students presented oral arguments and all were fine, but, Kevin's, the "Justices" agreed, was simply of a different order.
Nepa At Twenty: Mimicry And Recruitment In Environmental Law, William H. Rodgers, Jr.
Nepa At Twenty: Mimicry And Recruitment In Environmental Law, William H. Rodgers, Jr.
Articles
We are gathered here to consider not so much a twenty year-old law but a twenty year-old that has been extraordinarily far-reaching and influential. In its own special way, the National Environmental Polic Act and the environmental assessment that it represents have become the legal equivalent of cultural fads such as Hula Hoops, Rubik's Cubes, and Air Jordans.
A good portion of this conference, I suspect, will be devoted to documenting the many measures of NEPA's significance—the legal business it has generated, the institutional moves it has inspired, the precious places it is credited with saving.
My opening remarks will …
From The President, Penny A. Hazelton
From The President, Penny A. Hazelton
Articles
A series of From the President columns written by then President of the American Association of Law Libraries Penny A. Hazelton in 1990 and 1991.