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Articles 8971 - 9000 of 9606
Full-Text Articles in Entire DC Network
A Research Guide To The Law Of Private Sector Labor-Management Relations, Laura J. Cooper
A Research Guide To The Law Of Private Sector Labor-Management Relations, Laura J. Cooper
Articles
The law of private sector labor management relations involves a technical subject matter and is further complicated by sometimes obscure jurisdictional standards. Researching the area is done most effectively using commercially published looseleaf services. Professor Cooper's guide explores the differences between the two major services, discusses other primary and secondary sources for labor law research and offers a research strategy for labor issues.
The Juvenile Court Meets The Principle Of The Offense: Legislative Changes In Juvenile Waiver Statutes, Barry C. Feld
The Juvenile Court Meets The Principle Of The Offense: Legislative Changes In Juvenile Waiver Statutes, Barry C. Feld
Articles
At its inception the juvenile court was characterized by procedural informality and individualized, offender-oriented dispositions. Subsequent to the U.S. Supreme Court's 'Gault' decision, which mandated procedural safeguards in the adjudication of delinquency, juvenile court procedures became more formal in the interest of protecting the rights of juveniles, but individualized, offender-oriented dispositions were preserved. The inability of proponents of juvenile rehabilitation to demonstrate the effectiveness of parens patriae intervention, however, has led an increasing number of States to incorporate 'just deserts' sentencing principles in their juvenile justice systems. This emphasis is evidenced in the waiver of juvenile offenders for criminal prosecution …
Medicine And Law: Making Excellent Time But Lost, Judith T. Younger
Medicine And Law: Making Excellent Time But Lost, Judith T. Younger
Articles
No abstract provided.
Guerilla Decisionmaking: Judicial Review Of Risk Assessments, William H. Rodgers, Jr.
Guerilla Decisionmaking: Judicial Review Of Risk Assessments, William H. Rodgers, Jr.
Articles
This paper describes four types of uncertainty confronted by decisionmakers undertaking risk assessments. It then discusses individual and institutional responses to uncertainty; these include both formal attempts to acquire more information, and pragmatic efforts to isolate and act upon salient considerations. The tendency of decisionmakers to narrow the agenda and search for a decisive datum or metaphor is called guerilla decisionmaking. Courts oversee agency decisions by techniques known widely in the legal community as the hard-look doctrine. This doctrine is defined, and the case law is used to illustrate how courts insist upon identification of salient risk-assessment factors and the …
Wait-And-See: The New American Uniform Act On Perpetuities, Lawrence W. Waggoner
Wait-And-See: The New American Uniform Act On Perpetuities, Lawrence W. Waggoner
Articles
The wait-and-see version of perpetuity reform has gained a new champion in the United States. The National Conference of Commissioners on Uniform State Laws-the body responsible for promulgating uniform legislation, such as the Uniform Commercial Code, for recommended enactment by the federal states-recently approved a Uniform Statutory Rule Against Perpetuities. Shortly thereafter, the Uniform Act was endorsed by the House of Delegates of the American Bar Association, the Board of Regents of the American College of Probate Counsel, and the Board of Governors of the American College of Real Estate Lawyers.
In Defense Of Administrative Agency Autonomy, A. Michael Froomkin
In Defense Of Administrative Agency Autonomy, A. Michael Froomkin
Articles
No abstract provided.
Law And Metaphysics, Charles M. Yablon
Ocean Incineration Of Hazardous Waste Symposium: Toxic Waste: Corporate And Government Responsibility, William L. Andreen
Ocean Incineration Of Hazardous Waste Symposium: Toxic Waste: Corporate And Government Responsibility, William L. Andreen
Articles
No abstract provided.
New T-Designs Found By Basis Reduction, Donald Kreher, Stanislaw Radziszowski
New T-Designs Found By Basis Reduction, Donald Kreher, Stanislaw Radziszowski
Articles
At the Seventeenth Southeastern International Conference on Combinatorics, Graph Theory and Computing we presented a new algorithm for finding t-(v,k,?) designs without repeated blocks. The central idea of the algorithm was basis reduction. This year we report on the success we have had using it. Namely, the construction of several new simple t-designs including a 4-(12,6,10) design, a 6-(14,7,4) design and 5-(28,6,?) designs for each admissible ?, ? != 1 (or 22). See article for exact formulas.
Response To Roger Cramton's Article, James Boyd White
Response To Roger Cramton's Article, James Boyd White
Articles
I want to direct attention to only one of the many important issues raised by Professor Cramton's article, namely the peculiar division between academic and religious thought in our culture. In the academic world we tend to speak as though all participants in our conversations were purely rational actors engaged in rational debate; perhaps some people out there in the world are sufficiently benighted that they turn to religious beliefs or other superstitions, but that is not true of us or, if it is true, we hide it, and it ought not be true of them. Ours is a secular …
Taking From Farm Lenders And Farm Debtors: Chapter 12 Of The Bankruptcy Code, James J. White
Taking From Farm Lenders And Farm Debtors: Chapter 12 Of The Bankruptcy Code, James J. White
Articles
In passing Chapter 12 of the Bankruptcy Reform Act, Congress has effectively invalidated certain important provisions of existing farm mortgages. Equally significant, Congress has disabled farmers from granting binding mortgages on the full, value of their property. Although no court is likely to find the Chapter to violate the fifth amendment, the Chapter constitutes a substantial and retroactive alteration of the rights of existing mortgagees and a restriction on the powers of prospective mortgagors to grant valid mortgages. The thesis of this paper is that Congress was both wrong and shortsighted in its enactment of Chapter 12. Congress was wrong …
Loss Of Innocence: Eyewitness Identification And Proof Of Guilt, Samuel R. Gross
Loss Of Innocence: Eyewitness Identification And Proof Of Guilt, Samuel R. Gross
Articles
It is no news that eyewitness identification in criminal cases is a problem; it is an old and famous problem. Judges and lawyers have long known that the identification of strangers is a chancy matter, and nearly a century of psychological research has confirmed this skeptical view. In 1967 the Supreme Court attempted to mitigate the problem by regulating the use of eyewitness identification evidence in criminal trials; since then it has retreated part way from that effort. Legal scholars have written a small library of books and articles on this problem, the courts' response to it, and various proposed …
Redesigning The Spouse's Forced Share, John H. Langbein, Lawrence W. Waggoner
Redesigning The Spouse's Forced Share, John H. Langbein, Lawrence W. Waggoner
Articles
American forced-share law underwent a major round of reform in the 1960s. The main objective was to prevent the decedent from engaging in "fraud on the widow's share," that is, using nominal inter vivos transfers to evade the surviving spouse's forced-share entitlement. In jurisdictions that follow the Uniform Probate Code of 1969 (UPC), that mischief has been eradicated. The UPC, which is discussed in some detail below, extends the forced-share entitlement to property that has been the subject of inter vivos transfer. In the present article we develop the view that the time has come for a further round of …
Judicial Trial Skills Training, Stephen Simon, Bertrand Poritsky
Judicial Trial Skills Training, Stephen Simon, Bertrand Poritsky
Articles
The University of Minnesota Law School and the Minnesota Supreme Court Office of Continuing Education for State Court Personnel have initiated a unique and dynamic Judicial Trial Skills Training Program. Newly appointed judges participate in videotaped simulated trials designed to present the participating judges with numerous evidentiary and trial relationship issues. The videotapes of these trials are reviewed and cri- tiqued by the participating judge and a senior judge to give the participat-' ingjudges immediate feedback on their performance. The review session is used to discuss the various skills that judges must develop in order to conduct fair and efficient …
Corruption In Mexico: Implications For U.S. Foreign Policy, Keith S. Rosenn
Corruption In Mexico: Implications For U.S. Foreign Policy, Keith S. Rosenn
Articles
No abstract provided.
Intellectual Integration, James Boyd White
Intellectual Integration, James Boyd White
Articles
In this paper, I want to talk about the activity of intellectual integration itself: about what it can mean to integrate-to put together in a complex whole-aspects of our culture, or of the world, that seem to us disparate or unconnected; and what it can mean in so doing to integrate-to bring together in interactive life-aspects of our own minds and beings that we normally separate or divide from each other: I want to think of integration, that is-and of its opposite, disintegration-as taking place on two planes of existence at once, the cultural and the individual. For what is …
Thinking About Our Language, James Boyd White
Thinking About Our Language, James Boyd White
Articles
Except for one meeting, which I will describe below, I knew Bob Cover only through his writings. This circumstance was of course a disappointment to me, for our interests were similar, and his death now makes the loss irreparable. But perhaps this is less of a limitation than would normally be the case, for as much as anyone in the law Bob was, and is, actively present in his writing, both as a person and as a mind.-But that dichotomy of person and mind gets it wrong, for what I would like to catch is a sense of fusion or …
Four Angry Prophets, Harold Willmington
Some Questions For Republicans, Don Herzog
Some Questions For Republicans, Don Herzog
Articles
Even a sleepy historiographer of political theory of some future day will notice the most dramatic revision of the last 25 years or so. I refer of course to the discovery-and celebration-of civic humanism. The devilish Machiavelli of Elizabethan times has been gently set aside for "the divine Machiavel," the one who writes, "I love my native city more than my soul." And historians of political thought have lovingly traced the transmission of civic humanism from Florence to England and America, giving us a brand new past. America, we now know, was not the unthinkingly Lockean land served up by …
Text Into Theory: A Literary Approach To The Constitution, Richard H. Weisberg
Text Into Theory: A Literary Approach To The Constitution, Richard H. Weisberg
Articles
The article explores the evolving dialogue between legal scholars and literary theorists, particularly focusing on how judicial opinions can be viewed as narrative fictions. It challenges traditional notions of textual autonomy in legal interpretation, suggesting that meaning is not fixed but is shaped by subjective readings. The analysis critiques the dichotomy between interpretivism and noninterpretivism, arguing that both approaches are inherently subjective. Drawing on historical and structural interpretations of the Constitution, the article advocates for a balanced approach that considers both textual integrity and communal values, emphasizing that constitutional truths are embedded within societal ideas rather than being strictly majoritarian …
Abraham: Man Of Faith, Harold Willmington
Human Rights In Africa: Observations On The Implications Of Economic Priority, Minasse Haile
Human Rights In Africa: Observations On The Implications Of Economic Priority, Minasse Haile
Articles
The article argues that the failure of economic development strategies in Africa is deeply intertwined with the denial of civil and political rights, particularly for the rural poor. It critiques the "economic rights first" approach, which prioritizes material needs over democratic participation, and contends that such an approach is both principled and practically flawed. The analysis emphasizes that without civil and political rights, development strategies like the Basic Needs Strategy (BNS) are unlikely to succeed, as they require equitable distribution of wealth and benefits, which undemocratic regimes often fail to implement. The article also examines the limitations of both Afro-Marxist …
Texaco V. Pennzoil: The Use And Creation Of Precedent By The Second Circuit, Peter Lushing
Texaco V. Pennzoil: The Use And Creation Of Precedent By The Second Circuit, Peter Lushing
Articles
The article critiques the U.S. Court of Appeals for the Second Circuit's decision in *Texaco Inc. v. Pennzoil Company*, arguing that the court's ruling was result-oriented and undermined the integrity of judicial precedent. The decision, which stayed the enforcement of a $11.12 billion state court judgment against Texaco, was based on an expansive interpretation of due process and civil rights law. However, the court's attempt to limit its holding to the "extraordinary circumstances" of the case raises concerns about the consistency and fairness of the judicial process, as it creates a precedent that may not be applicable to smaller stakeholders.
Nehemiah: The Wall-Builder, Harold Willmington
The Relationship Of Church Growth And Systematic Theology, Elmer L. Towns
The Relationship Of Church Growth And Systematic Theology, Elmer L. Towns
Articles
No abstract provided.
The Life Of David, Harold Willmington
Churches That Ignite Revival, Elmer L. Towns
The Weeping Prophet, Harold Willmington
The Man Satan Wanted, Harold Willmington
Goodbye To The Bluebook, Richard A. Posner