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Articles 9151 - 9180 of 9617
Full-Text Articles in Entire DC Network
A Common Law For Labor Relations: A Critique Of The New Deal Labor Legislation, Richard A. Epstein
A Common Law For Labor Relations: A Critique Of The New Deal Labor Legislation, Richard A. Epstein
Articles
No abstract provided.
Will The Federal Courts Of Appeals Survive Until 1984?: An Essay On Delegation And Specialization Of The Judicial Function, Richard A. Posner
Will The Federal Courts Of Appeals Survive Until 1984?: An Essay On Delegation And Specialization Of The Judicial Function, Richard A. Posner
Articles
No abstract provided.
Statutory Interpretation--In The Classroom And In The Courtroom, Richard A. Posner
Statutory Interpretation--In The Classroom And In The Courtroom, Richard A. Posner
Articles
This paper continues a discussion begun in an earlier paper in this journal.1 That paper dealt primarily with the implications for statutory interpretation of the interest-group theory of legislation, recently revivified by economists; it also dealt with constitutional interpretation. This paper focuses on two topics omitted in the earlier one: the need for better instruction in legislation in the law schools and the vacuity of the standard guideposts to reading statutes- the "canons of construction." The topics turn out to be related. The last part of the paper contains a positive proposal on how to interpret statutes.
The Constitution In The Supreme Court: Article Iv And Federal Powers, 1836-1864, David P. Currie
The Constitution In The Supreme Court: Article Iv And Federal Powers, 1836-1864, David P. Currie
Articles
Continuing his critical analysis of the constitutional decisions of the Taney period, Professor Currie examines cases involving the privileges and immunities clause, fugitives from slavery and criminal prosecution, and intergovernmental immunities, as well as cases dealing with the scope of federal judicial and legislative powers. In these decisions, with the glaring exception ofScott v. Sandford, he finds additional evidence that in general the Taney Court continued to enforce constitutional limitations vigorously against the states and to construe federal authority generously.
The Constitution In The Supreme Court: Contracts And Commerce, 1836-1864, David P. Currie
The Constitution In The Supreme Court: Contracts And Commerce, 1836-1864, David P. Currie
Articles
Continuing a study of the first hundred years of constitutional litigation, Professor Currie explores the decisions of the Taney period respecting the Contract and Commerce Clauses. Though early decisions of the Taney Court seemed to portend a departure from the nationalism of its predecessor, the author argues that the impression was largely misleading. In general, for example, the Court under Taney proved rather sympathetic to contract rights. In Commerce Clause cases, after being badly split, the Court was able to agree on a longlasting formula that acknowledged an implicit limitation on state power, and although in the Taney period the …
Hail To The Chief: Earl Warren And The Supreme Court, Dennis J. Hutchinson
Hail To The Chief: Earl Warren And The Supreme Court, Dennis J. Hutchinson
Articles
No abstract provided.
Optimal Sanctions For Antitrust Violations, William M. Landes
Optimal Sanctions For Antitrust Violations, William M. Landes
Articles
No abstract provided.
The Media And The Courts: A Troubled Symbiosis, Donald L. Burnett Jr.
The Media And The Courts: A Troubled Symbiosis, Donald L. Burnett Jr.
Articles
No abstract provided.
Suing Government, Cass R. Sunstein
The Impact Of Executions On Homicides: A New Look In An Old Light, Richard Lempert
The Impact Of Executions On Homicides: A New Look In An Old Light, Richard Lempert
Articles
Ehrlich's first point is that if one is searching for deterrence it is the law in action (i.e., the actual incidence of executions) rather than the law on the books (i.e., the presence or absence of the death penalty) which is crucial. His second point is that in order to spot deterrent effects other factors which might affect homicide rates, such as conviction rates and unemployment rates, must be held constant. Many of those who believe that Ehrlich's work is fundamentally flawed nevertheless accept these criticisms. This article follows Sellin's approach but takes account of Ehrlich's criticisms. Instead of comparing …
Act Of State And Other Problems With Restatement Ii (Revised), Malvina Halberstam
Act Of State And Other Problems With Restatement Ii (Revised), Malvina Halberstam
Articles
No abstract provided.
Against Evaluator Relativity: A Response To Sen, Donald H. Regan
Against Evaluator Relativity: A Response To Sen, Donald H. Regan
Articles
In a recent essay in this journal Amartya Sen introduced the notion of an evaluator-relative consequence-based morality. The basic idea can be described very simply. A consequence-based morality is a morality that instructs each agent to maximize some objective function defined over states of affairs. Such a morality is evaluator neutral if it assigns to every agent the same objective function. If different agents have different objective functions, then the morality is evaluator relative. For example, a morality would be evaluator relative if it assigned to Jones an objective function giving greater weight to the welfare of Jones's children than …
The Recent Erosion Of The Secured Creditor's Rights Through Cases, Rules And Statutory Changes In Bankruptcy Law, James J. White
The Recent Erosion Of The Secured Creditor's Rights Through Cases, Rules And Statutory Changes In Bankruptcy Law, James J. White
Articles
One can view the law of creditors' rights as a series of cyclesin which alternatively the rights of the creditor and then those of the debtor are in ascendancy. Looking back through Americanlegislative history, one sees both the state legislatures and the Congress intervening on behalf of debtors in a variety of ways onmany occasions. An early example of such intervention was the enactment, particularly in the Midwest and West, of generous exemption laws that removed a variety of property beyond the reach of general creditors. A second example is the enactment of usury laws, which continue to be a …
Essentially Indecomposable Modules Over A Complete Discret Valuation Ring, Brendan Goldsmith
Essentially Indecomposable Modules Over A Complete Discret Valuation Ring, Brendan Goldsmith
Articles
No abstract available
Can Science Be Inopportune - Constitutional Validity Of Governmental Restrictions On Race-Iq Research, Richard Delgado, Sean Bradley, David Burkenroad, Ron Chavez
Can Science Be Inopportune - Constitutional Validity Of Governmental Restrictions On Race-Iq Research, Richard Delgado, Sean Bradley, David Burkenroad, Ron Chavez
Articles
No abstract provided.
The Derivative And Discretionary-Function Immunities Of Presidential And Congressional Aides In Constitutional Tort Actions, Kathryn D. Sowle
The Derivative And Discretionary-Function Immunities Of Presidential And Congressional Aides In Constitutional Tort Actions, Kathryn D. Sowle
Articles
No abstract provided.
The Twelve Questions Of Christmas, Harold Willmington
The Coming Curtailment Of Compulsory Child Support, David L. Chambers
The Coming Curtailment Of Compulsory Child Support, David L. Chambers
Articles
Absent parents ought to contribute to the support of their minor children and states can appropriately invoke the force of law to compel them to do so. Stated so generally, even absent parents behind in their payments would probably agree. Since so many others agree as well, and since the numbers of single-parent children have mushroomed, systems of governmentally compelled support in this country have grown enormously. By the early part of the next century, if current laws remain in force and current population trends continue, most of America's children on any given day will be entitled to support from …
The Preoperative Treatment Of Severely Anemic Patients With A Perfluorochemical Oxygen-Transport Fluid, Fluosol-Da, K. Tremper, Alan Friedman, E. Levine
The Preoperative Treatment Of Severely Anemic Patients With A Perfluorochemical Oxygen-Transport Fluid, Fluosol-Da, K. Tremper, Alan Friedman, E. Levine
Articles
We gave a perfluorochemical oxygen-transport fluid and plasma expander, Fluosol-DA, to seven severely anemic patients before surgery to determine its effectiveness in supplementing oxygen transport. The dose of Fluosol in the five patients completing the study was 20 ml per kilogram of body weight. When the patients breathed low levels of supplemental oxygen (mean partial pressure of arterial oxygen +/- S.D., 101 +/- 25 torr), the perfluorochemical carried a small amount of oxygen, but when they received pure oxygen (arterial oxygen pressure, 361 +/- 65 torr) it carried approximately 0.8 per cent of oxygen (by volume). This increase accounted for …
Towards Neutral Principles In The Administration Of Criminal Justice: A Critique Of Supreme Court Decisions Sanctioning The Plea Bargaining Process, Malvina Halberstam
Towards Neutral Principles In The Administration Of Criminal Justice: A Critique Of Supreme Court Decisions Sanctioning The Plea Bargaining Process, Malvina Halberstam
Articles
This article compares the Court's reasoning in plea bargaining cases with its reasoning in non-plea-bargaining cases that involve the same legal principles. It analyzes the Court's arguments for sustaining guilty pleas induced by fear of the death penalty or by promises of leniency, and for sanctioning the imposition of harsher penalties on those who reject prosecutional offers to plead and insist on a trial. Finally, it briefly addresses the contention that the system for the administration of criminal justice in the United States could not function if use of a sentencing differential to induce guilty pleas were prohibited.
Bible Study, Harold Willmington
The Rapture: The Next Great Event In Prophecy, Harold Willmington
The Rapture: The Next Great Event In Prophecy, Harold Willmington
Articles
No abstract provided.
Standby Letters Of Credit In Bankruptcy, Douglas G. Baird
Standby Letters Of Credit In Bankruptcy, Douglas G. Baird
Articles
No abstract provided.
George J. Stigler: An Appreciation, Ronald H. Coase
Monitors And Freeriders In Commercial And Corporate Settings, Saul Levmore
Monitors And Freeriders In Commercial And Corporate Settings, Saul Levmore
Articles
No abstract provided.
Toward An Economic Theory Of Federal Jurisdiction, Richard A. Posner
Toward An Economic Theory Of Federal Jurisdiction, Richard A. Posner
Articles
No abstract provided.
Commencement Address, Gerhard Casper
Support Your Local Professor Of Administrative Law, Antonin Scalia
Support Your Local Professor Of Administrative Law, Antonin Scalia
Articles
No abstract provided.
The Two Faces Of Federalism, Antonin Scalia
The Verdict Of Five Out Of Six Civil Jurors: Constitutional Problems, Hans Zeisel
The Verdict Of Five Out Of Six Civil Jurors: Constitutional Problems, Hans Zeisel
Articles
A criminal jury of fewer than 6 members and a jury in which 5 out of 6 can find a verdict were held unconstitutional by the U.S. Supreme Court for failing to meet the requirements of due process as mandated by the Fourteenth Amendment. In four states-Michigan is one of them-the 5 out of 6jury is the standard civil jury. Two questions are raised: first, whether such a jury violates the Michigan state constitution; second, whether such a 5 out of 6 civil jury violates the federal Constitution even though the civil jury is not protected by the Fourteenth Amendment.