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Articles 7141 - 7170 of 7455
Full-Text Articles in Entire DC Network
On The Social Significance Of Large Law Firm Practice, Robert A. Kagan, Robert E. Rosen
On The Social Significance Of Large Law Firm Practice, Robert A. Kagan, Robert E. Rosen
Articles
No abstract provided.
Fairness And Formality: Minimizing The Risk Of Prejudice In Alternative Dispute Resolution, Richard Delgado, Chris Dunn, Pamela Brown, Helena Lee
Fairness And Formality: Minimizing The Risk Of Prejudice In Alternative Dispute Resolution, Richard Delgado, Chris Dunn, Pamela Brown, Helena Lee
Articles
Presents an overview of alternative dispute resolution ADR and contrasts the quality of justice it affords to that of the incourt variety Concludes based on social science literature that ADR is likely to increase the risk of prejudicial behavior and outcomes especially for disempowered disputants Summarizes criticisms of ADR and suggests ways of lessening prejudice in alternative disputing without sacrificing its benefits of speed and low cost
Federal Regulation Of The Workplace In The Next Half Century, Theodore J. St. Antoine
Federal Regulation Of The Workplace In The Next Half Century, Theodore J. St. Antoine
Articles
Even the general circulation press, from the New York Times to the Los Angeles Times to Business Week, has taken to examining the current malaise of the labor movement and the increased emphasis upon ensuring the safety, health, and economic security of employees through direct governmental regulation rather than through collective bargaining. What accounts for this upsurge of scholarly and popular interest in labor relations and labor law? There are undoubtedly multiple causes but I should like to focus on a couple of reasons that seem preeminent to me.
Rotten Social Background: Should The Criminal Law Recognize A Defense Of Severe Environmental Deprivation, Richard Delgado
Rotten Social Background: Should The Criminal Law Recognize A Defense Of Severe Environmental Deprivation, Richard Delgado
Articles
No abstract provided.
An Analytical View Of Recent Lending Of Credit Decisions In Washington State, Hugh D. Spitzer
An Analytical View Of Recent Lending Of Credit Decisions In Washington State, Hugh D. Spitzer
Articles
Sections 5 and 7 of article VIII of the Washington State Constitution, concerning gifts or loans by the state and by local governments, have been a source of confusion to the courts and frustration to the sponsors of government programs. Although some have proposed a single formula for applying the provisions, attempts to create a single rule or set of coherent rules for interpreting these problematical provisions are apt to fail. The constitutional language is complex, involving numerous elements, each of which must be present for the prohibition to apply. Rather than a single formula governing the application of these …
The Office Of Chief Judge Of A Federal Court Of Appeals, Wilfred Feinberg
The Office Of Chief Judge Of A Federal Court Of Appeals, Wilfred Feinberg
Articles
Article by Wilfred Feinberg, Chief Judge of the United States Court of Appeals for the Second Circuit (1980–1988), regarding the history and duties of a chief judge of a court of appeals. Document includes handwritten notes and was originally published in the Fordham Law Review.
Pollution Control By Effluent Charges: It Works In The Federal Republic Of Germany, Why Not In The U.S., Gardner M. Brown Jr., Ralph W. Johnson
Pollution Control By Effluent Charges: It Works In The Federal Republic Of Germany, Why Not In The U.S., Gardner M. Brown Jr., Ralph W. Johnson
Articles
This article describes the recent Federal Republic of Germany effluent charge law and the political and legal background that permitted this law to be enacted. The impact of that law is assessed, although the assessment is necessarily tentative in view of the short experience with the law to date. The economic and legal implications of enacting an effluent charge law in the United States also are analyzed. Included in this discussion are the advantages and disadvantages of state vs. federal enactment, the constitutional objections that might be raised to such a law, and how it might be coordinated with existing …
Human Rights, Stability, And Development In Africa: Some Observations On Concept And Reality, Minasse Haile
Human Rights, Stability, And Development In Africa: Some Observations On Concept And Reality, Minasse Haile
Articles
The article examines the challenges of implementing international human rights standards in sub-Saharan Africa, highlighting the tension between human rights and economic development. It argues that while human rights are essential, their realization is impeded by factors such as authoritarian governance, economic disparities, and the legacy of colonialism. The author advocates for a balanced approach that considers these challenges while promoting human rights, emphasizing the need to support pragmatic governance to gradually improve human rights conditions.
The Nonprobate Revolution And The Future Of The Law Of Succession, John H. Langbein
The Nonprobate Revolution And The Future Of The Law Of Succession, John H. Langbein
Articles
The popular demand for probate avoidance has coincided with a fundamental change in the nature of wealth. Mogt property now takes the form of claims on financial intermediaries, who can easily transfer account balances on death, without court proceedings. Further, creditors have developed a variety of techniques for collecting decedents' debts without probate. Professor Langbein sees in these developments the basis for legitimating the main will substitutes as "nonprobate wills" and for unifying the constructional law of wills and will substitutes.
B.R. Lakin: A Country Preacher, Elmer L. Towns
Kovacs And Toxic Wastes In Bankruptcy, Douglas G. Baird, Thomas H. Jackson
Kovacs And Toxic Wastes In Bankruptcy, Douglas G. Baird, Thomas H. Jackson
Articles
No abstract provided.
The Pitfalls Of Interpretation, Richard A. Epstein
In Defense Of The Contract At Will, Richard A. Epstein
Simplifying Retained Life Interests, Revocable Transfers, And The Marital Deduction, Joseph Isenbergh
Simplifying Retained Life Interests, Revocable Transfers, And The Marital Deduction, Joseph Isenbergh
Articles
No abstract provided.
Some Economics Of Labor Law, Richard A. Posner
The Constitution In The Supreme Court: Limitations On State Power, 1865-1873, David P. Currie
The Constitution In The Supreme Court: Limitations On State Power, 1865-1873, David P. Currie
Articles
No abstract provided.
The Constitution In The Supreme Court: Limitations On State Power, 1865-1873, David P. Currie
The Constitution In The Supreme Court: Limitations On State Power, 1865-1873, David P. Currie
Articles
No abstract provided.
Brazil's Legal Culture: The Jeito Revisited, Keith S. Rosenn
Brazil's Legal Culture: The Jeito Revisited, Keith S. Rosenn
Articles
No abstract provided.
Normative Judgment, Social Change, And Legal Reasoning In The Context Of Abortion And Privacy, Stephen J. Schnably
Normative Judgment, Social Change, And Legal Reasoning In The Context Of Abortion And Privacy, Stephen J. Schnably
Articles
No abstract provided.
Government Liability For Unconstitutional Land Use Regulation, Stewart E. Sterk
Government Liability For Unconstitutional Land Use Regulation, Stewart E. Sterk
Articles
The article examines whether the Constitution requires a damage remedy for unconstitutional land use ordinances and analyzes the policy implications of such a remedy. It argues that while awarding damages can compensate victims and influence behavior, the threat of liability may discourage useful government action. The author concludes that municipal damage liability for unconstitutional land use ordinances is generally unwise, except when the ordinance results from bad faith or deliberate obstruction of constitutional rights.
When Religious Exercise Is Not Free: Deprogramming And The Constitutional Status Of Coercively Induced Belief, Richard Delgado
When Religious Exercise Is Not Free: Deprogramming And The Constitutional Status Of Coercively Induced Belief, Richard Delgado
Articles
No abstract provided.
We Are Family: Changing Times, Changing Ideologies And Changing Law, Steven H. Hobbs
We Are Family: Changing Times, Changing Ideologies And Changing Law, Steven H. Hobbs
Articles
No abstract provided.
Fact, Norm, And Standard Of Review - The Case Of Homosexuality Symposium: The Legal System And Homosexuality - Approbation, Accommodation, Or Reprobation, Richard Delgado
Fact, Norm, And Standard Of Review - The Case Of Homosexuality Symposium: The Legal System And Homosexuality - Approbation, Accommodation, Or Reprobation, Richard Delgado
Articles
No abstract provided.
The Language Of The Arms Race: Should The People Limit Government Speech, Richard Delgado
The Language Of The Arms Race: Should The People Limit Government Speech, Richard Delgado
Articles
No abstract provided.
Defusing The "Not In My Back Yard" Syndrome: An Approach To Federal Preemption Of State And Local Impediments To The Siting Of Pcb Disposal Facilities, William L. Andreen
Defusing The "Not In My Back Yard" Syndrome: An Approach To Federal Preemption Of State And Local Impediments To The Siting Of Pcb Disposal Facilities, William L. Andreen
Articles
No abstract provided.
Legal Barriers To Worker Participation In Management Decision Making, Theodore J. St. Antoine
Legal Barriers To Worker Participation In Management Decision Making, Theodore J. St. Antoine
Articles
Collective bargaining lies at the heart of the union-management relationship. It is the end and purpose of the whole effort to protect employees against reprisals when they form an organization to represent them in dealing with their employers. Collective bargaining is grounded in the belief that industrial strife will be checked, and the workers' lot bettered, if workers are given an effective voice in determining the conditions of their employment. My thesis is that federal law, even while placing the force of government behind collective bargaining, has so artificially confined its scope that the process has been seriously impeded from …
Rethinking The Substantive Rules For Custody Disputes In Divorce, David L. Chambers
Rethinking The Substantive Rules For Custody Disputes In Divorce, David L. Chambers
Articles
A few states, mostly in the West and South, still retain a preference in custody disputes for placing young children with their mothers. In most other states, legislatures or courts have replaced the maternal presumption with a rule directing courts to be guided solely by the child's "welfare" or "best interests." A few legislatures have created a new preference for joint custody, directing courts to consider favorably requests by a parent for such arrangements, even over the objection of the other parent. This Article argues that the trend away from the maternal presumption is sensible, but that the current best-interests …
Efficiency Justifications For Personal Property Security, James J. White
Efficiency Justifications For Personal Property Security, James J. White
Articles
In February of 1983 Pan American World Airways issued 100 million dollars of convertible secured notes. As security for these notes it put up three Boeing 747 SP aircraft, two 747-100 aircraft, and one McDonnell Douglas DC10-30. The appraised value of these aircraft was 157 million dollars. To the extent possible under the law, Pan American made these aircraft subject to the claims of the owners of the new notes. On default, the note holders would have the first claim on these aircraft, would have the right to repossess them outside of bankruptcy, and would have the right to the …
The Bildisco Case And The Congressional Response, James J. White
The Bildisco Case And The Congressional Response, James J. White
Articles
Section 365 of the Bankruptcy Reform Act authorizes one in bankruptcy to "assume or reject any executory contract ...of the debtor." The most frequent use of the section arises when a lessee goes into Chapter 11 and decides either to reject its real estate lease with its lessor or, if the lease is at a favorable rental rate, to assume it and assign it to another. A less frequent but more controversial use of section 365 is to reject one's collective bargaining agreement with his employees.
Soverign Immunity In Indian Tribal Law, Ralph W. Johnson, James M. Madden
Soverign Immunity In Indian Tribal Law, Ralph W. Johnson, James M. Madden
Articles
An examination of the tribal courts' civil jurisdiction and sovereign immunity decisions, and a review of the doctrine's origins and purposes in federal and state law reveal the increasing importance of the sovereign immunity doctrine and suggest several options to tribal councils and courts in deciding which aspects of the doctrine to retain. The article concludes that:
(1) The doctrine of sovereign immunity is not part of the controlling federal law applicable to Indian tribal courts, except where trust property is involved.
(2) Each Indian tribe has inherent sovereign power to adopt, reject, or waive the doctrine of sovereign immunity …