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Articles 511 - 540 of 904
Full-Text Articles in Entire DC Network
The Endangered Species Act: What We Talk About When We Talk About Recovery, Dale Goble
The Endangered Species Act: What We Talk About When We Talk About Recovery, Dale Goble
Articles
No abstract provided.
Which Is To Be Master, The Judiciary Or The Legislature? When Statutory Directives Violate Separation Of Powers, Linda Jellum
Which Is To Be Master, The Judiciary Or The Legislature? When Statutory Directives Violate Separation Of Powers, Linda Jellum
Articles
Statutory interpretation is at the cutting edge of legal scholarship and, now, legislative activity. As legislatures have increasingly begun to perceive judges as activist meddlers, some legislatures have found a creative solution to the perceived control problem: statutory directives. Statutory directives, simply put, tell judges how to interpret statutes. Rather than wait for an interpretation with which they disagree, legislatures use statutory directives to control judicial interpretation. Legislatures are constitutionally empowered to draft statutes. In doing so, legislatures expect to control the meaning of the words they choose. Moreover, they prefer to do so early in the process, not after …
Interpretive Preferences And The Limits Of The New Formalism, Adam Badawi
Interpretive Preferences And The Limits Of The New Formalism, Adam Badawi
Articles
A recent movement in contracts scholarship-the so-called New Formalism-seeks to justify limitations on the introduction of extrinsic evidence to interpret contracts on the instrumental grounds of efficiency and empirical observation. Less attention has been directed at the development of a similar instrumental argument for the more contextual types of interpretation observed in the Uniform Commercial Code and the Restatement (Second) of Contracts. This Article engages this question by arguing that the relative ability of transactors to draft complete contracts is likely to be an important determinant of their preferred interpretive regime. Where low contracting costs allow commercial parties to draft …
The Rights Of Migrants: An Optimal Contract Framework, Adam B. Cox, Eric A. Posner
The Rights Of Migrants: An Optimal Contract Framework, Adam B. Cox, Eric A. Posner
Articles
Why do migrants enjoy some of the rights associated with citizenship? Existing accounts typically answer this question in terms of obligation-of a duty on the part of states to confer citizenship. Moreover, scholars tend to lump together the rights conventionally associated with citizenship when they answer this question. In contrast, this Article disaggregates the rights associated with citizenship, asks what both states and migrants want, and inquires into how the suite of rights associated with citizenship might advance those interests. States want to encourage migrants to enter their territory and to make country-specific investments, but states also have an interest …
Divided By Common Language: ‘Capture’ Theories In Gatt/Wto And The Communicative Impasse, Dongsheng Zang
Divided By Common Language: ‘Capture’ Theories In Gatt/Wto And The Communicative Impasse, Dongsheng Zang
Articles
This article tries to present an analytic framework for the understanding of WTO's failure in the Doha Round negotiations.
Ex Parte Young: Sovereignty, Immunity, And The Constitutional Structure Of American Federalism, Charlton C. Copeland
Ex Parte Young: Sovereignty, Immunity, And The Constitutional Structure Of American Federalism, Charlton C. Copeland
Articles
No abstract provided.
What Explains Persistent Racial Disproportionality In Minnesota's Prison And Jail Populations?, Richard Frase
What Explains Persistent Racial Disproportionality In Minnesota's Prison And Jail Populations?, Richard Frase
Articles
No abstract provided.
Gendering The Declaration, Fionnuala Ní Aoláin
Gendering The Declaration, Fionnuala Ní Aoláin
Articles
As the Universal Declaration on Human Rights celebrates its sixtieth anniversary this article examines the gendered foundations of the document. Drawing on its drafting history the article concludes that despite considerable advances contained within it the document has many limitations. Over the years, greater attention has been focused on the ways in which the Universal Declaration has advanced claims for gender equality. As the document's influence and status have magnified, its gendered boundaries are in plainer sight. Moreover, as feminists have systematically exposed the entrenched biases of international law, the Universal Declaration does not emerge from scrutiny unscathed. This article …
Ross And Olivecrona On Rights, Brian H. Bix
Ross And Olivecrona On Rights, Brian H. Bix
Articles
Scandinavian legal realism was a movement of the early and middle decades of the 20th century, which paralleled the American legal realist movement, while presenting a more skeptical challenge to legal reasoning and discourse. The present paper was written for a forthcoming Oxford University Press collection on the Scandinavian realists. The approach to jurisprudence of Scandinavian realists Alf Ross and Karl Olivecrona was simultaneously simple and radical: they wanted to rid our thinking about law of all the mystifying references to abstract concepts and metaphysical entities. This paper offers a critical overview of Ross's and Olivecrona's views on legal rights, …
Social Rights And The Relational Value Of The Rights To Participate In Sport, Recreation, And Play,, Janet E. Lord, Michael Ashley Stein
Social Rights And The Relational Value Of The Rights To Participate In Sport, Recreation, And Play,, Janet E. Lord, Michael Ashley Stein
Articles
No abstract provided.
The Coke Side Of Life:An Exploration Of Pre-Schoolers' Constructions Of Product And Selves Through Talk-In-Interaction Around Coca-Cola, Olivia Freeman
The Coke Side Of Life:An Exploration Of Pre-Schoolers' Constructions Of Product And Selves Through Talk-In-Interaction Around Coca-Cola, Olivia Freeman
Articles
Abstract Purpose – This paper proposes the activity-based focus group as a useful method with which to generate talk-in-interaction among pre-schoolers. Analytically, it aims to illustrate, how transcribed talk-in-interaction can be subjected to a discourse analytic lens, to produce insights into how pre-schoolers use ‘Coca-Cola’ as a conversational resource with which to build product-related meanings and social selves. Design/methodology/approach - Fourteen activity-based discussion groups with pre-schoolers aged between two and five years have been conducted in a number of settings including privately run Montessori schools and community based preschools in Dublin. The talk generated through these groups has been transcribed …
The Perils And The Promise Of Comparative Constitutional Law: The New Globalism And The Role Of The United States Shaping Human Rights, Ronald J. Krotoszynski Jr.
The Perils And The Promise Of Comparative Constitutional Law: The New Globalism And The Role Of The United States Shaping Human Rights, Ronald J. Krotoszynski Jr.
Articles
No abstract provided.
Trademarks As A Media For False Advertising, J. Shahar Dillbary
Trademarks As A Media For False Advertising, J. Shahar Dillbary
Articles
This Article explores an unnoticed aspect of trademark law which in some instances may constitute a license to cheat. It shows that under certain circumstances a seller can use its own trademark to mislead its customers, free from legal sanction, in contexts where the same behavior would be sanctioned if the seller used other advertising media. The Article then explores how an alternate conception of the economic function of trademarks can be used to understand the informational value of trademarks and their advertising function. After identifying circumstances appropriate for legal intervention, the Article concludes with a proposal for a new …
Ensuring Defense Counsel Competence At International Criminal Tribunals, Sonja B. Starr
Ensuring Defense Counsel Competence At International Criminal Tribunals, Sonja B. Starr
Articles
This article addresses the problem of incompetent representation by defense counsel in international criminal tribunals. According to the author, the ineffectiveness of a particular attorney may be attributable to a number offactors, including a lack of experience with international criminal law, unfamiliarity with the procedures of international criminal tribunals, and the simple failure to be fluent in the languages used by the court. Starr explains that the problem of incompetence persists because of obstacles to the recruitment, retention, and appointment of proficient defense lawyers, as well as the lack of administrative or judicial oversight concerning competence. The author points out …
The Law Of The Noose: A History Of Latino Lynching Symposium: The Jenna Six, The Prosecutorial Conscience, And The Dead Hand Of History, Richard Delgado
The Law Of The Noose: A History Of Latino Lynching Symposium: The Jenna Six, The Prosecutorial Conscience, And The Dead Hand Of History, Richard Delgado
Articles
No abstract provided.
Is Visual Selective Attention In Deaf Individuals Enhanced Or Deficient? The Case Of Useful Field Of View, Matthew Dye, Peter Hauser, Daphne Bavelier
Is Visual Selective Attention In Deaf Individuals Enhanced Or Deficient? The Case Of Useful Field Of View, Matthew Dye, Peter Hauser, Daphne Bavelier
Articles
Background: Early deafness leads to enhanced attention in the visual periphery. Yet, whether this enhancement confers advantages in everyday life remains unknown, as deaf individuals have. been shown to be more distracted by irrelevant information in the periphery than their hearing peers. Here, we ~how that, in a complex attentional task, a performance advantage results for deaf individuals. Methodology/Principal Findings: We employed the Useful Field of View (UFOV) which requires central target identification concurrent with peripheral target localization in the presence of distraetors - a divided, selective attention task. First, the comparison of deaf and hearing adults with or without …
An Investigation Into The Semantics Of English Topological Prepositions, John D. Kelleher, Colm Sloan, Brian Mac Namee
An Investigation Into The Semantics Of English Topological Prepositions, John D. Kelleher, Colm Sloan, Brian Mac Namee
Articles
This paper describes a psycholinguistic experiment that investigates whether the applicability of the topological spatial prepositions "at", "on" or "in" to describe the spatial configuration between two objects is related to the topological relationships between objects being described
Supporting Value Creation By Reducing Cultural Distance As A Barrier To Exporting, Thomas Cooney, Amanda Ratcliffe, Jane Silver
Supporting Value Creation By Reducing Cultural Distance As A Barrier To Exporting, Thomas Cooney, Amanda Ratcliffe, Jane Silver
Articles
Value creation at the level of the organisation involves balancing the interests of several different stakeholders, with exporting occasionally viewed as a broad-based strategy capable of achieving such equilibrium. However, while much has been written concerning the logistical and economic challenges faced by SMEs wishing to avail of market opportunities abroad, there remains a dearth of information offering solutions to overcoming cultural distance as a barrier to exporting. An EU project entitled ‘Passport to Trade’ sought to provide greater insight into business culture by collating the customs and subjective norms of all member states within the EU and making the …
Supporting Children's Participation In Second Language Stories In An Irish Language Preschool, Maire Mhic Mhathuna
Supporting Children's Participation In Second Language Stories In An Irish Language Preschool, Maire Mhic Mhathuna
Articles
This paper considers how children learning a second language were supported as active participants during storytelling sessions in an Irish-language immersion preschool in Dublin. Audio-recordings and observations were made of the story sessions once a fortnight over a period of six months. The resulting transcripts were analysed from an interactionist perspective, recognising both the cognitive and social aspects of the process. The staff were also interviewed and a questionnaire was completed by the parents. The analysis showed that the practitioners provided support for the children through dynamic repeated readings of target books, scaffolded interactions, sufficient experience of storybook reading and …
Towards Arabic To English Machine Translation, Yasser Salem, Arnold Hensman, Brian Nolan
Towards Arabic To English Machine Translation, Yasser Salem, Arnold Hensman, Brian Nolan
Articles
This paper explores how the characteristics of the Arabic language will effect the development of a Machine Translation (MT) tool from Arabic to English. Several distinguishing features of Arabic pertinent to MT will be explored in detail with reference to some potential difficulties that they might present. The paper will conclude with a proposed model incorporating the Role and Reference Grammar (RRG) technique to achieve this end.
Discourse Analysis As An Approach To Intercultural Competence In The Advanced Efl Classroom, Sue Norton
Discourse Analysis As An Approach To Intercultural Competence In The Advanced Efl Classroom, Sue Norton
Articles
In 1991 Michael McCarthy wrote in his Preface to Discourse Analysis for Language Teachers that discourse analysis is ‘not a method of teaching languages; it is a way of describing and understanding how language is used’. By 1994 he had reformulated his position and, with Ronald Carter, published Language as Discourse: Perspectives for Language Teaching, which argued in favour of providing students with a metalanguage by which to analyse the language they were learning. These days, owing to the work of McCarthy, Carter, and others, the basics of discourse analysis can indeed comprise an appropriate subject matter for the advanced …
Intercultural Books In Practice, Maire Mhic Mhathuna, Una Hill
Intercultural Books In Practice, Maire Mhic Mhathuna, Una Hill
Articles
This paper examines the practical use of intercultural and multicultural books in Early Years settings in the Irish context. Questionnaires were sent to seventy early years’ settings in the Dublin region, focusing on the criteria they used for selecting such books. These responses indicated that staff viewed inclusion, the story, age appropriateness, illustrations and the language of the books as being important. The practitioners’ responses are compared with the views of authors on diversity issues and similarities and differences identified. Overall there was a greater emphasis on children in the practitioners’ survey while the authors focused on issues. A list …
Originalism And Pragmatism: Pragmatism's Role In Interpretation, Frank H. Easterbrook
Originalism And Pragmatism: Pragmatism's Role In Interpretation, Frank H. Easterbrook
Articles
No abstract provided.
Studying The Exclusionary Rule: An Empirical Classic, Albert Alschuler
Studying The Exclusionary Rule: An Empirical Classic, Albert Alschuler
Articles
No abstract provided.
An Object-Oriented Natural Language Expert System, Kenneth Staffan, Henry Etlinger
An Object-Oriented Natural Language Expert System, Kenneth Staffan, Henry Etlinger
Articles
This paper highlights the design and implementation of a prototype object-oriented Intelligent Tutoring System (ITS). There were two main goals for the prototype. One was to create a small tutoring system which fit into the niche of current commercially available systems, while exhibiting some of the more intelligent features found in larger custom systems. The other was to experiment with an object-oriented model, design approach, and implementation for such a system. A masking technique for pattern matching is one of the key paradigms driving the intelligent diagnosis. The prototype provides a means for practicing sentence construction, by checking a student's …
Chinese American Librarians In The 21st Century: Profile Update, Ruan Lian, Jian Anna Xiong
Chinese American Librarians In The 21st Century: Profile Update, Ruan Lian, Jian Anna Xiong
Articles
There is an increasing need to understand the role of Chinese American librarians as one of the largest ethnic librarian groups in American library communities and a renewed interest to demonstrate and prove a critical role they play in the Library and Information Science profession. With first-hand insights, this study reports the current status of Chinese American librarians. It helps develop our knowledge about the Chinese American librarians in the 21st Century. A sequel study in a separate paper reports the findings of career development of Chinese American librarians and documents strategies they adapted to meet challenges and barriers facing …
The Many Faces Of Fault In Contract Law: Or How To Do Economics Right, Without Really Trying, Richard A. Epstein
The Many Faces Of Fault In Contract Law: Or How To Do Economics Right, Without Really Trying, Richard A. Epstein
Articles
Modern law often rests on the assumption that a uniform cost-benefit formula is the proper way to determine fault in ordinary contract disputes. This Article disputes that vision by defending the view that different standards of fault are appropriate in different contexts. The central distinction is one that holds parties in gratuitous transactions only to the standard of care that they bring to their own affairs, while insisting on the higher objective standard of ordinary care in commercial transactions. That bifurcation leads to efficient searches. Persons who hold themselves out in particular lines of business in effect warrant their ability …
Demystifying The Right To Exclude: Of Property, Inviolability, And Automatic Injunctions, Shyam Balganesh
Demystifying The Right To Exclude: Of Property, Inviolability, And Automatic Injunctions, Shyam Balganesh
Articles
The right to exclude has long been considered a central component of property. In focusing on the element of exclusion, courts and scholars have paid little attention to what an owner's right to exclude means and the forms in which this right might manifest itself in actual property practice. For some time now, the right to exclude has come to be understood as nothing but an entitlement to injunctive relief- that whenever an owner successfully establishes title and an interference with the same, an injunction will automatically follow. Such a view attributes to the right a distinctively consequentialist meaning, which …
Commentary: The Trajectory Of Complex Business Contracting In Latin America, Claire Hill
Commentary: The Trajectory Of Complex Business Contracting In Latin America, Claire Hill
Articles
By some accounts, Latin American contract documentation increas- ingly resembles U.S. contract documentation.1 This is puzzling, given that the U.S. documentation has developed in a broader institutional context particular to the U.S. The context includes a particular type of legal train- ing, particular types of law firms, particular legal institutions, and so on. Why is this occurring, and what effect will it have on contracting practice in Latin America? This commentary briefly considers these issues; it con- siders as well some broader implications of international convergence in contracting practices.
Employment Discrimination Remedies: The Shape Of Lawsuits, The Shape Of The Law: Proceedings Of The 2008 Annual Meeting Association Of American Law Schools Section On Employment Discrimination Law And Section On Remedies, Michael P. Allen, Paul M. Secunda, Julie C. Suk, Tristin K. Green, Brad Seligman, Elaine W. Shoben
Employment Discrimination Remedies: The Shape Of Lawsuits, The Shape Of The Law: Proceedings Of The 2008 Annual Meeting Association Of American Law Schools Section On Employment Discrimination Law And Section On Remedies, Michael P. Allen, Paul M. Secunda, Julie C. Suk, Tristin K. Green, Brad Seligman, Elaine W. Shoben
Articles
The article examines the effectiveness of legal frameworks and corporate practices in addressing employment discrimination, contrasting the French criminal approach with the U.S. reliance on civil remedies and diversity initiatives. It argues that while criminal investigations in France have successfully uncovered and punished discriminatory hiring practices, U.S. corporations often evade meaningful change through ineffective diversity training and lack robust accountability mechanisms. The analysis underscores the need for structural reforms in the U.S., emphasizing the importance of accountability and flexibility in consent decrees to drive lasting progress in diversity and inclusion.