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Articles 61 - 77 of 77
Full-Text Articles in Entire DC Network
Comment: Between Women/Between Men: The Significance For Lesbianism Of Historical Understandings Of Same-(Male)Sex Sexual Activities, Mary I. Coombs
Comment: Between Women/Between Men: The Significance For Lesbianism Of Historical Understandings Of Same-(Male)Sex Sexual Activities, Mary I. Coombs
Articles
No abstract provided.
Liberty Without Equality: The Property-Rights Connection In A Negative Citizenship Regime, David Abraham
Liberty Without Equality: The Property-Rights Connection In A Negative Citizenship Regime, David Abraham
Articles
Why, in comparison with other liberal capitalist democracies, is the social welfare state so poorly anchored in American law and public discourse? Surely American political and social history have contributed much to the weakness of our "social state." But law, too, has played a significant material, as well as ideological, role and has provided the terrain for much of our social development. This essay explores the particular contribution of the property-liberty nexus to the stunted development of positive liberty and social citizenship in the United States. It traces this connection from the natural rights and bourgeois Founders through several key …
Judicial Creation Of Norms In Japanese Labor Law: Activism In The Service Of — Stability?, Daniel H. Foote
Judicial Creation Of Norms In Japanese Labor Law: Activism In The Service Of — Stability?, Daniel H. Foote
Articles
This Article begins by examining the judiciary's role in employment litigation. Part II then considers the implications of this and related examples of judicial creation of norms in Japan. Plainly, in this context the stereotype of a passive judiciary with little significance for private parties is inaccurate. Yet do these cases truly reflect judicial "activism"? What is their significance with respect to the separation of powers debate? Even with regard to the sphere of private ordering, what judicial philosophy do they reflect? This Article then examines the impact that this judicially created set of employment norms has had, both on …
Civilizing The Savages: A Comparison Of Assimilation Laws And Policies In The United States And Australia, Craig J. Trocino
Civilizing The Savages: A Comparison Of Assimilation Laws And Policies In The United States And Australia, Craig J. Trocino
Articles
No abstract provided.
The Constitution In Congress: The Second Congress, 1791--1793, David P. Currie
The Constitution In Congress: The Second Congress, 1791--1793, David P. Currie
Articles
No abstract provided.
Liberty And Property: Lord Bramwell And The Political Economy Of Liberal Jurisprudence Individualism, Freedom, And Utility, David Abraham
Liberty And Property: Lord Bramwell And The Political Economy Of Liberal Jurisprudence Individualism, Freedom, And Utility, David Abraham
Articles
No abstract provided.
Are Rights The Right Thing? Individual Rights, Communitarian Purposes And America's Problems (Book Review), David Abraham
Are Rights The Right Thing? Individual Rights, Communitarian Purposes And America's Problems (Book Review), David Abraham
Articles
No abstract provided.
Disabled Clients, Disabling Lawyers, Anthony V. Alfieri
Disabled Clients, Disabling Lawyers, Anthony V. Alfieri
Articles
No abstract provided.
When A Story Is Just A Story: Does Voice Really Matter, Richard Delgado
When A Story Is Just A Story: Does Voice Really Matter, Richard Delgado
Articles
No abstract provided.
The Origins And Historical Understanding Of Free Exercise Of Religion, Michael W. Mcconnell
The Origins And Historical Understanding Of Free Exercise Of Religion, Michael W. Mcconnell
Articles
No abstract provided.
Taxation Of Business Intangible Capital, George Mundstock
Taxation Of Business Intangible Capital, George Mundstock
Articles
No abstract provided.
Neighbors In American Land Law, Stewart E. Sterk
Neighbors In American Land Law, Stewart E. Sterk
Articles
The article critiques the foundational principle of land law known as the "geometric-box allocation," which assumes landowners have absolute control over their property within defined boundaries. While this model provides clarity and facilitates private bargaining, the analysis argues that it often fails to account for externalities, social norms, and bilateral monopoly situations, leading to inefficiencies. The author challenges the assumption that private bargaining will always produce efficient results, particularly in low-transaction-cost scenarios, and highlights the limitations of using intent as a justification for cross-boundary allocations. The article ultimately suggests that land law doctrine reflects and reinforces both individualist and non-individualist …
Book Review (Reviewing Michael E. Parrish, Felix Frankfurter And His Times: The Reform Years (1982)), Philip B. Kurland
Book Review (Reviewing Michael E. Parrish, Felix Frankfurter And His Times: The Reform Years (1982)), Philip B. Kurland
Articles
No abstract provided.
George J. Stigler: An Appreciation, Ronald H. Coase
The Economic Approach To Law, Richard A. Posner
Book Review (Reviewing Albert A. Ehrenzweig, Conflict Of Laws (1959)), Brainerd Currie
Book Review (Reviewing Albert A. Ehrenzweig, Conflict Of Laws (1959)), Brainerd Currie
Articles
No abstract provided.
Book Review (Reviewing Henry M. Hart Jr. Et Al., The Federal Courts And The Federal System (1953)), Philip B. Kurland
Book Review (Reviewing Henry M. Hart Jr. Et Al., The Federal Courts And The Federal System (1953)), Philip B. Kurland
Articles
No abstract provided.