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Articles 8881 - 8910 of 9606
Full-Text Articles in Entire DC Network
Scholars' Reply To Professor Fried, Yale Kamisar, Lee C. Bollinger, Judith C. Areen, Barbara A. Black
Scholars' Reply To Professor Fried, Yale Kamisar, Lee C. Bollinger, Judith C. Areen, Barbara A. Black
Articles
As Solicitor General of the United States, Charles Fried, like any good advocate, was often in the position of attempting to generate broad holdings from relatively narrow and particularistic Supreme Court decisions. This was especially true in affirmative action cases. There, the Department of Justice argued that cautious precedents actually stood for the broad proposition that measures designed to put members of disadvantaged groups on a plane of equality should, for constitutional purposes, be treated the same as measures intended to stigmatize or subordinate them. The Supreme Court, however, has consistently rejected this reading of its precedents and the broad …
Introduction To The Banking Law Symposium: A 200 Year Journey From Anarchy To Oligarchy, James J. White
Introduction To The Banking Law Symposium: A 200 Year Journey From Anarchy To Oligarchy, James J. White
Articles
Each of the five articles in this symposium deals in one way or another with a single question: In what ways and to what end should banks be regulated? Although banks and bankers are the very symbols of a capitalist economy, banks and bankers are not free. No banker may set up business on his own; he must have a charter. With insignificant exceptions no bank or bank holding company can operate a steel mill, sell grass seed, manufacture snowmobiles, or engage in any other activity that is not related to banking. There are rules that limit the geographic scope …
Patents And The Progress Of Science: Exclusive Rights And Experimental Use, Rebecca S. Eisenberg
Patents And The Progress Of Science: Exclusive Rights And Experimental Use, Rebecca S. Eisenberg
Articles
In this article I analyze the proper scope of an experimental use exemption from patent infringement liability by comparing the rationales behind promoting technological progress through granting exclusive patent rights in inventions with competing arguments for promoting scientific progress by allowing all investigators to enjoy free access to the discoveries of other scientists. I begin by reviewing key features of the patent laws and theoretical justifications for granting patent monopolies in order to clarify the implications of existing patent doctrine and theory for an experimental use exemption. I then look to the literature in the sociology, history, and philosophy of …
Maximal Order Abelian Subgroups Of Symmetric Groups, J. M. Burns, Brendan Goldsmith
Maximal Order Abelian Subgroups Of Symmetric Groups, J. M. Burns, Brendan Goldsmith
Articles
No abstract available
The Reasonable Doubt Rule And The Meaning Of Innocence, Scott E. Sundby
The Reasonable Doubt Rule And The Meaning Of Innocence, Scott E. Sundby
Articles
No abstract provided.
Zero-Based Racial Politics: An Evaluation Of Three Best-Case Arguments On Behalf Of The Nonwhite Underclass Commentary, Richard Delgado
Zero-Based Racial Politics: An Evaluation Of Three Best-Case Arguments On Behalf Of The Nonwhite Underclass Commentary, Richard Delgado
Articles
No abstract provided.
From The Shoulders Of Houston: A Vision For Social And Economic Justice Commemorative To Charles Hamilton Houston: Commemorative Articles, Steven H. Hobbs
From The Shoulders Of Houston: A Vision For Social And Economic Justice Commemorative To Charles Hamilton Houston: Commemorative Articles, Steven H. Hobbs
Articles
No abstract provided.
The Foreign Sovereign Immunities Act And Act Of State, Malvina Halberstam
The Foreign Sovereign Immunities Act And Act Of State, Malvina Halberstam
Articles
No abstract provided.
Congressional Abrogation Of Indian Treaties: Reevaluation And Reform, Michael Townsend
Congressional Abrogation Of Indian Treaties: Reevaluation And Reform, Michael Townsend
Articles
The treaties between the United States and the Indians constitute a critical recognition and guarantee of Indian rights. They envision a "measured separatism"' for an important minority that is determined to maintain a distinct cultural and political identity.' Non-treaty rights are fragile: The Supreme Court has held that Indians are not citizens within the meaning of the Fourteenth Amendment,' and that Congress has "plenary power" over Indian affairs by virtue of its guardianship over their interests. Moreover, the United States has ended the formal negotiation process with the Indians, and apparently no further treaties will be concluded. Thus, Congress' power …
The Lesson Of The Red Squirrel: Consensus And Betrayal In The Environmental Statutes, William H. Rodgers, Jr.
The Lesson Of The Red Squirrel: Consensus And Betrayal In The Environmental Statutes, William H. Rodgers, Jr.
Articles
The subjects of legislation and legislative change are undergoing a revival of sorts in United States' law schools. The academic community has offered a variety of theoretical visions on the nature of legislation—purposive and rational, irrational and political, the accidental outcome of competing interests, the imperfect product of high philosophy; the legislative process—formal and ritualistic, markets and auctions, plots and cabals, or publicregarding negotiations; and the individual legislators themselves—ritual players, auctioneers, maximizers of political gain, profiteers, and philosopher kings in shiny suits.
This author's personal approach to legal affairs of this sort is to draw on the laws of biology …
Panthers And Pinstripes: The Case Of Ezra Pound And Archilbald Macleish, Jean Stefancic, Richard Delgado
Panthers And Pinstripes: The Case Of Ezra Pound And Archilbald Macleish, Jean Stefancic, Richard Delgado
Articles
No abstract provided.
The Right To Counsel In Juvenile Court: An Empirical Study Of When Lawyers Appear And The Difference They Make, Barry C. Feld
The Right To Counsel In Juvenile Court: An Empirical Study Of When Lawyers Appear And The Difference They Make, Barry C. Feld
Articles
No abstract provided.
Major Developments At The 1989 Session Of The Un Commission On Human Rights, Reed Brody, David Weissbrodt
Major Developments At The 1989 Session Of The Un Commission On Human Rights, Reed Brody, David Weissbrodt
Articles
On 10 March 1989 the United Nations Commission on Human Rights concluded its six week session in Geneva with a number of significant decisions as to country situations in which human rights violations have occurred, including the establishment of a Special Rapporteur on Romania. The Commission also continued monitoring disappearances, torture, executions, religious intolerance, and mercenaries; approved a draft Convention on the Rights of the Child after nine years of discussion; promptly transmitted to the General Assembly a draft Second Optional Protocol to the International Covenant on Civil and Political Rights for the abolition of the death penalty; reaffirmed the …
Agency And Partnership: A Study Of Breach Of Promise Plaintiffs, Mary I. Coombs
Agency And Partnership: A Study Of Breach Of Promise Plaintiffs, Mary I. Coombs
Articles
No abstract provided.
The Inside Counsel Movement, Professional Judgment And Organizational Representation, Robert Eli Rosen
The Inside Counsel Movement, Professional Judgment And Organizational Representation, Robert Eli Rosen
Articles
No abstract provided.
Corporate Debt Relationships: Legal Theory In A Time Of Restructuring, William Wilson Bratton
Corporate Debt Relationships: Legal Theory In A Time Of Restructuring, William Wilson Bratton
Articles
No abstract provided.
Racism And Legal Doctrine (Reviewing Derrick Bell, And We Are Not Saved (1987)), Mary E. Becker
Racism And Legal Doctrine (Reviewing Derrick Bell, And We Are Not Saved (1987)), Mary E. Becker
Articles
No abstract provided.
Family Feud: A Response To Robert Weisberg On Law And Literature, Richard H. Weisberg
Family Feud: A Response To Robert Weisberg On Law And Literature, Richard H. Weisberg
Articles
The article engages in a critical dialogue with Robert Weisberg's work on the intersection of law and literature, particularly his skepticism toward the field's potential for sentimentality and his resistance to the literary text as a primary source of legal insight. The author argues that literature provides a unique lens for understanding the irrationalities and ethical dimensions of legal discourse, challenging Weisberg's dismissal of its value. The article contends that Law and Literature must embrace its subversive potential to critique legal assumptions and institutional language, while also addressing the broader cultural and epistemological challenges facing interdisciplinary scholarship.
Irregular' Asylum Seekers: What's All The Fuss?, James C. Hathaway
Irregular' Asylum Seekers: What's All The Fuss?, James C. Hathaway
Articles
In 1985, the Executive Committee of UNHCR noted its concern about "the growing phenomenon of refugees and asylum-seekers who, having found protection in one country, move in an irregular manner to another country..." (Conclusion No. 36, para. j). At first glance, one might not view this conclusion as objectionable. With all of the millions of refugees in the world, most of who have no protection, why should we be concerned about the lot of a bunch of ingrates who, having already found protection, now want to move on in search of greener pastures? Don't we really have better things to …
Coming Of Age Some More: "Law And Literature" Beyond The Cradle, Richard H. Weisberg
Coming Of Age Some More: "Law And Literature" Beyond The Cradle, Richard H. Weisberg
Articles
The article explores the historical development and significance of the Law and Literature movement, emphasizing the importance of literature in understanding legal reasoning, judicial writing, and professional ethics. It highlights how literature provides unique insights into the legal profession and advocates for its integration into legal education and practice to enhance ethical understanding and communication skills.
Israel At 40, Harold Willmington
Exploring The Past: In Quest Of The Future, Harold Willmington
Exploring The Past: In Quest Of The Future, Harold Willmington
Articles
No abstract provided.
Terrorism On The High Seas: The Achille Lauro, Piracy And The Imo Convention On Maritime Safety, Malvina Halberstam
Terrorism On The High Seas: The Achille Lauro, Piracy And The Imo Convention On Maritime Safety, Malvina Halberstam
Articles
No abstract provided.
Dye Control Mechanisms In The Microencapsulated Acrylate Imaging Process, Jonathan Arney, James Dowler
Dye Control Mechanisms In The Microencapsulated Acrylate Imaging Process, Jonathan Arney, James Dowler
Articles
No abstract provided.
Model Penal Code Conference Transcript: Discussion Five, Albert Alschuler
Model Penal Code Conference Transcript: Discussion Five, Albert Alschuler
Articles
No abstract provided.
Contract Rights And Property Rights: A Case Study In The Relationship Between Individual Liberties And Constitutional Structure, Michael W. Mcconnell
Contract Rights And Property Rights: A Case Study In The Relationship Between Individual Liberties And Constitutional Structure, Michael W. Mcconnell
Articles
In this Essay, Professor McConnell argues that constitutional interpretation should extend beyond the substantive principles expressed in the Constitution to the structural and institutional choices of the Framers. As an example, he explores possible explanations for the disparate treatment the Constitution accords to property and contract rights. Despite the Founders' general commitment to the preservation of private contract and property rights, the contracts clause, by its terms, applies only to state governments, while the just compensation clause applies solely to the federal government. Part I of the Essay summarizes the textual problem posed by the contracts and just compensation clauses. …
Blackmail, Ronald H. Coase
The Role Of Original Intent In Statutory Construction, Frank H. Easterbrook
The Role Of Original Intent In Statutory Construction, Frank H. Easterbrook
Articles
No abstract provided.
Modern Republicanism--Or The Flight From Substance, Richard A. Epstein
Modern Republicanism--Or The Flight From Substance, Richard A. Epstein
Articles
No abstract provided.
In Defense Of The Regulation Of Insider Trading, Saul Levmore
In Defense Of The Regulation Of Insider Trading, Saul Levmore
Articles
No abstract provided.