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Articles 571 - 600 of 904
Full-Text Articles in Entire DC Network
"Acoustic Segregation" And The Hispanic Small Business Owner, Patricia S. Abril
"Acoustic Segregation" And The Hispanic Small Business Owner, Patricia S. Abril
Articles
No abstract provided.
Ensuring That Florida's Language Minorities Have Access To The Ballot, Jonel Newman
Ensuring That Florida's Language Minorities Have Access To The Ballot, Jonel Newman
Articles
No abstract provided.
Guantanamo Forever: United States Sovereignty And The Unending State Of Exception, Mary Anne Franks
Guantanamo Forever: United States Sovereignty And The Unending State Of Exception, Mary Anne Franks
Articles
No abstract provided.
Learning To Write In Code: The Value Of Using Legal Writing Exercises To Teach Tax Law, Scott A. Schumacher
Learning To Write In Code: The Value Of Using Legal Writing Exercises To Teach Tax Law, Scott A. Schumacher
Articles
Traditionally, law school tax courses have been taught using a mix of problems, class discussion, the Socratic method, and one end-of-term exam. The goal of these courses is to introduce students to key concepts of tax law and to teach them the essential skill of reading and interpreting the Internal Revenue Code and Treasury Regulations. This traditional method of instruction is an efficient and cost-effective way of transmitting a great deal of complex information to a large number of students. It is also a good vehicle to teach the essential skill of reading and interpreting the Code. However, the time …
Constitutional Patriotism, Citizenship And Belonging In America And Germany, David Abraham
Constitutional Patriotism, Citizenship And Belonging In America And Germany, David Abraham
Articles
No abstract provided.
The New Casuistry, Peter Goodrich
The International Protean Career: Four Women’S Narratives, Marian Crowley-Henry, David Weir
The International Protean Career: Four Women’S Narratives, Marian Crowley-Henry, David Weir
Articles
In this paper, we share individual narratives outlining the experiences of four well-educated western women following a permanent international career in the South of France. By virtue of detailed interview transcripts and contextual information regarding the specificity of the location in question, a comprehensive picture of the experiences and choices of individual women in leadership business positions on an international level is painted. Our aim is not to generalise the findings to a wider population, but to gain an insight into the depth and complexity of career issues for women in general, and particularly for women working in a foreign …
The Mystery Of The Individual In Modern Law, Jospeh Vining
The Mystery Of The Individual In Modern Law, Jospeh Vining
Articles
To their murderers these wretched people were not individuals at all. They came in wholesale lots and were treated worse than animals. This was Telford Taylor, beginning the presentation of the "Medical Case" at the Nuremberg Trials. The "Medical Case" was not about genocide or war or the conduct of war. It was about experimentation on human beings, and it was this trial that produced the "Nuremberg Code," the first control of such treatment of human beings by one another, so surprisingly late in the history of modern scientific investigation, midtwentieth century, and so surprisingly absent everywhere before, despite the …
Legal Commitments And Religious Commitments, Jospeh Vining
Legal Commitments And Religious Commitments, Jospeh Vining
Articles
In his elegant and accessible new book, Law's Quandary, Steven Smith groups our various senses of what is real for us into ontological families: the mundane; the scientific, including mathematics; and the religious. These supply "lumberyards," as it were, for thought and discussion about the world and action in it. Law itself is not one of them. Those involved in law, as citizens or professionals practicing law or speaking for or about law, are presented in the book as looking out from law to the ontological resources available in the lumberyards he describes.
Hedonic Damages, Hedonic Adaptation, And Disability, Samuel R. Bagenstos, Margo Schlanger
Hedonic Damages, Hedonic Adaptation, And Disability, Samuel R. Bagenstos, Margo Schlanger
Articles
A number of states recognize hedonic damages as a separate category of recovery in tort and tort-like actions. Others consider lost enjoyment of life as an aspect of what are sometimes termed "disability" damages-damages for physical or mental impairment. Many other states permit juries to take account of lost enjoyment of life in setting compensation for pain and suffering or other forms of general damages. In all these jurisdictions, disability has loomed large. And the (explicit or implicit) view of disability is often one of tragic dependency and helplessness. As we show in Part I below, lawyers seeking hedonic damages …
The Word And The Law, James Boyd White
The Word And The Law, James Boyd White
Articles
In this Article I shall first give a brief account of Milner Ball's book, The Word and the Law, saying something about the interesting and important way in which it connects theology, literature, and law. I shall then give a little more content to what I say about this achievement by engaging in a kind of reading of two texts, one theological and one literary, connecting both to the law. I mean this reading simultaneously to be my own and to reflect something of what I have learned from Milner. Another way to put this is to say that …
Crawford, Davis, And Way Beyond, Richard D. Friedman
Crawford, Davis, And Way Beyond, Richard D. Friedman
Articles
Until 1965, the Confrontation Clause of the Sixth Amendment to the United States Constitution hardly mattered. It was not applicable against the states, and therefore had no role whatsoever in the vast majority of prosecutions. Moreover, if a federal court was inclined to exclude evidence of an out-of-court statement, it made little practical difference whether the court termed the statement hearsay or held that the evidence did not comply with the Confrontation Clause.
Patent Symmetry, Alan L. Durham
Patent Symmetry, Alan L. Durham
Articles
The patent system suggests a natural symmetry if nonobvious changes are enough to distinguish a patentable invention from the prior art then further nonobvious changes should be enough to avoid infringing the patent Logical as this seems the courts have adopted the notoriously difficult standard of insubstantial differences rather than nonobviousness as the ultimate test of infringement In this article I consider the possibility of a genuinely symmetrical patent system and find the difficulties profound However I conclude that a semisymmetrical adaptation of the nonobviousness standard of patentability could provide a superior infringement analysis an analysis more objective in application …
A Gambling Paradox: Why An Origin-Neutral 'Zero-Quota' Is Not A Quota Under Gats Article Xvi, Donald H. Regan
A Gambling Paradox: Why An Origin-Neutral 'Zero-Quota' Is Not A Quota Under Gats Article Xvi, Donald H. Regan
Articles
In US-Gambling, the Appellate Body held that an origin-neutral prohibition on remote gambling (which is how they mostly viewed the United States law) was "in effect" a "zero-quota", and that such a "zero-quota" violated GATS Article XVI:2. That holding has been widely criticized, especially for what critics refer to as the Appellate Body's "effects test". This article argues that the Appellate Body's "in effect" analysis is not an "effects test" and is not the real problem. The real mistake is regarding a so-called "zero-quota" as a quota under Article XVI. That is inconsistent with the ordinary meaning of the word …
Shared And Mutual Knowledge In Language Learning, Marty Meinardi
Shared And Mutual Knowledge In Language Learning, Marty Meinardi
Articles
This article discusses the matter of shared knowledge from the perspective of the different deictic centres of understanding. Difficulties, which may result from a possible lack of a shared knowledge between NSs and NNSs due to differences in language experiences and personal backgrounds, are identified.
Looking At The Overlooked: Portraits Of Law School Deans, Peter Goodrich
Looking At The Overlooked: Portraits Of Law School Deans, Peter Goodrich
Articles
The article examines the role of portraits in law schools, arguing that these images are not merely decorative but serve as powerful symbols that shape institutional identity and the legal profession. Despite their ubiquity, these portraits are often overlooked, yet they function as megalographs, inscribing and disseminating the values, history, and authority of the institution. The author contends that these visual elements play a crucial role in the formation of legal identity and the symbolic order of law schools.
Dworkin In The Desert Of The Real, David G. Carlson
Dworkin In The Desert Of The Real, David G. Carlson
Articles
The article critically examines Ronald Dworkin's jurisprudence, particularly his theory of right answers, and defends it against critiques that his approach to law and language creates an unbridgeable gap between theory and practice. Dworkin's central argument is that law has an essence that judges must discover through reflective equilibrium, emphasizing the incommensurability between the judge's act and the symbolic order of law. While critics argue that this approach leads to nihilism, Dworkin counters by asserting that conventionalists are contradictory and that justice, as a decision, necessarily transgresses the domain of law.
Don't Go There: When To Abandon Lesson Plans And Venture, Humbly, Into Ground Zero, Sue Norton
Don't Go There: When To Abandon Lesson Plans And Venture, Humbly, Into Ground Zero, Sue Norton
Articles
This paper discusses pedagogical styles that are appropriate in the classroom.
Voice Activated Command And Control With Speech Recognition Over Wifi, Brian Nolan, Tony Ayres
Voice Activated Command And Control With Speech Recognition Over Wifi, Brian Nolan, Tony Ayres
Articles
This paper presents work conducted to date on the development of a voice activated command and control framework specifically for the control of remote devices in a ubiquitous computing environment. The prototype device is a Java controlled Lego Mindstorm robot. The research considers three different scenario configurations. A recognition grammar for command and control of the robot has been created and implemented in Java, in part in the recognition engine and in part on the robot. The physical topology involves Java at each node endpoint, that is, at the handheld PC (iPaq), the PC workstation, the Linux server and onboard …
Locking In Democracy: Constitutions, Commitment, And International Law, Tom Ginsburg
Locking In Democracy: Constitutions, Commitment, And International Law, Tom Ginsburg
Articles
No abstract provided.
Should Coercive Interrogation Be Legal?, Eric A. Posner, Adrian Vermeule
Should Coercive Interrogation Be Legal?, Eric A. Posner, Adrian Vermeule
Articles
No abstract provided.
Exclusionary Amenities In Residential Communities, Lior Strahilevitz
Exclusionary Amenities In Residential Communities, Lior Strahilevitz
Articles
No abstract provided.
Law Reviews, Richard A. Posner
Implementation Of Image Processing Approach To Translation Of Asl Finger-Spelling To Digital Text, Divya Mandloi, Kanthi Sarella, Chance Glenn
Implementation Of Image Processing Approach To Translation Of Asl Finger-Spelling To Digital Text, Divya Mandloi, Kanthi Sarella, Chance Glenn
Articles
The present analysis is the phase one of a broader project, the Sign2 Project, which is focused on a complete technological approach to the translation of American Sign Language (ASL) finger-spelling to digital audio and/or text. The methodology adopted in this analysis employs a grayscale image processing technique. We will describe the latest results as well as future enhancements to the system. This paper will also discuss the application of the approach to the telecommunication Industry.
The Human Rights Of Stateless Persons, David Weissbrodt, Clay Collins
The Human Rights Of Stateless Persons, David Weissbrodt, Clay Collins
Articles
By exploring statelessness through legal, theoretical, and practical lenses, this article presents a broad examination of the human rights of stateless persons. The article delineates the rights of stateless persons as enunciated in various human rights instruments; presents the mechanisms of, and paths to, statelessness; illustrates the practical struggles of stateless persons by highlighting the plights of various stateless populations; examines how the problem of statelessness is being addressed; and considers the complex political and regional forces affecting policies towards stateless persons. The article concludes with recommendations regarding remedies and solutions for statelessness.
Raz, Authority, And Conceptual Analysis, Brian Bix
Raz, Authority, And Conceptual Analysis, Brian Bix
Articles
In "Authority: Revisiting the Service Conception," Joseph Raz reflects on his work on the nature of authority, defending much of what he has written on the subject, while offering some additional clarifications and modifications. I must leave to others a more direct assessment of Raz's views on authority, and the revisions he has suggested in this most recent paper. I will instead focus on some of the methodological considerations he discusses in this paper; in particular, I will compare and contrast Raz's discussion here about conceptual analysis and the concept of authority with his recent analyses of the conceptual analysis …
Land Use And Housing Policies To Reduce Concentrated Poverty And Racial Segregation, Myron Orfield
Land Use And Housing Policies To Reduce Concentrated Poverty And Racial Segregation, Myron Orfield
Articles
No abstract provided.
Robert Alexy, Radbruch's Formula, And The Nature Of Legal Theory, Brian H. Bix
Robert Alexy, Radbruch's Formula, And The Nature Of Legal Theory, Brian H. Bix
Articles
Gustav Radbruch is well known for a formula that addresses the conflict of positive law and justice, a formula discussed in the context of the consideration of Nazi laws by the courts in the post-War German Federal Republic, and East German laws in the post-unification German courts. More recently, Robert Alexy has defended a version of Radbruch's formula, offering arguments for it that are different from and more sophisticated than those that were adduced by Radbruch himself. Alexy also placed Radbruch's formula within a larger context of conceptual analysis and theories about the nature of law. Both Radbruch and Alexy …
George P. Fletcher And Steve Sheppard, American Law In A Global Context: The Basics. Oxford And New York, Oxford University Press 2005 (Book Review), Janet Stearns
Articles
No abstract provided.
Weighing And Reweighing Eminent Domain's Political Philosophies Post-Kelo, Alberto B. Lopez
Weighing And Reweighing Eminent Domain's Political Philosophies Post-Kelo, Alberto B. Lopez
Articles
No abstract provided.