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Articles 631 - 660 of 904
Full-Text Articles in Entire DC Network
They Don't Really Want To Know Us: Experiences And Perceptions Of International Students At The Technological University Dublin, Almut Schlepper
They Don't Really Want To Know Us: Experiences And Perceptions Of International Students At The Technological University Dublin, Almut Schlepper
Articles
This paper seeks to explore the experiences and perceptions of international, non-EU students at the Technological University Dublin. My interest in the subject derives from my work as a lecturer at a college with an increasing number of international students and from my participation as a student on a course which made me appreciate the value of a diverse student and lecturer body. The sample of the survey I carried out included international students and lecturers at one campus of the Technological University Dublin. While the results indicated that international students are just as heterogeneous as Irish students, they are …
Citizenship, Standing, And Immigration Law, Adam B. Cox
Citizenship, Standing, And Immigration Law, Adam B. Cox
Articles
Courts and commentators typically evaluate constitutional immigration law from the perspective of aliens. But that approach pays insufficient attention to the ways immigration law affects the interests and rights of citizens. In particular, an alien-centered approach fails to consider the central role immigration law plays in national self-definition and, consequently, ignores the possibility that immigration law may injure citizens by defining the national political community in constitutionally impermissible ways. Considering federal immigration law from the perspective of citizens, this Article demonstrates that immigration policy, which contemporary constitutional doctrine largely insulates from attack, should not be immune to challenges by citizens. …
Judicial Discretion In Statutory Interpretation, Frank H. Easterbrook
Judicial Discretion In Statutory Interpretation, Frank H. Easterbrook
Articles
No abstract provided.
A Hard Look Or A Blind Eye: Administrative Law And Military Deference, Jonathan Masur
A Hard Look Or A Blind Eye: Administrative Law And Military Deference, Jonathan Masur
Articles
No abstract provided.
The Law And Economics Of Contract Interpretation, Richard A. Posner
The Law And Economics Of Contract Interpretation, Richard A. Posner
Articles
Contract interpretation is an understudied topic in the economic analysis of contract law. This Article combines simple formal analysis of the tradeoffs involved in interpretation with applications to the principal doctrines of contract interpretation, including the 'four corners" rule, mutual mistake, contra proferentum, and what I call the (informal but very important) rule of "extrinsic nonevidence." Gap filling is distinguished, and the relativity of interpretive doctrines to the interpretive medium-jurors, arbitrators, and judges in different kinds of judicial systems-is emphasized.
Book Review, Terrorism, Freedom, And Security By Philip B. Heymann, Nicholas Stephanopoulos
Book Review, Terrorism, Freedom, And Security By Philip B. Heymann, Nicholas Stephanopoulos
Articles
No abstract provided.
Reflections On The Historical Origins Of Economic Structure Of The Law Merchant, Richard A. Epstein
Reflections On The Historical Origins Of Economic Structure Of The Law Merchant, Richard A. Epstein
Articles
No abstract provided.
Child Sexual Abuse In Tanzania And Kenya, Kevin Lalor
Child Sexual Abuse In Tanzania And Kenya, Kevin Lalor
Articles
Objective. Most research on child abuse in Tanzania and Kenya is unpublished in the international literature. The purpose of this paper is to examine the various commentaries and reports extant, towards an overview of the nature and frequency of child sexual abuse in Tanzania and Kenya. Methods. Contacts were made with academics, government departments, NGOs and UN agencies. This was followed by a field trip in the summer of 2001 where all available reports were examined and a wide range of interviews conducted. Results. Little empirical data exist on child sexual abuse in Tanzania. It is widely perceived that it …
Citizenship, Standing, And Immigration Law, Adam B. Cox
Citizenship, Standing, And Immigration Law, Adam B. Cox
Articles
Courts and commentators typically evaluate constitutional immigration law from the perspective of aliens. But that approach pays insufficient attention to the ways immigration law affects the interests and rights of citizens. In particular, an alien-centered approach fails to consider the central role immigration law plays in national self-definition and, consequently, ignores the possibility that immigration law may injure citizens by defining the national political community in constitutionally impermissible ways. Considering federal immigration law from the perspective of citizens, this Article demonstrates that immigration policy, which contemporary constitutional doctrine largely insulates from attack, should not be immune to challenges by citizens. …
Dit-Call: Naturally Speaking But Slow, Dermot Campbell, Marty Meinardi, Bunny Richardson, Eugene Coyle, Olivia Donnellan, Pak Kui Leung, Ciaran Macdonaill, Elmar Jung, Charles Pritchard
Dit-Call: Naturally Speaking But Slow, Dermot Campbell, Marty Meinardi, Bunny Richardson, Eugene Coyle, Olivia Donnellan, Pak Kui Leung, Ciaran Macdonaill, Elmar Jung, Charles Pritchard
Articles
This paper introduces a new development in speech technology and describes its planned application in an EFL context. Special attention is paid to the pedagogical potential of the resultant language tool.
Copyright And Information Theory: Toward An Alternative Model Of Authorship, Alan L. Durham
Copyright And Information Theory: Toward An Alternative Model Of Authorship, Alan L. Durham
Articles
Both literary scholars and students of copyright law have challenged the romantic model of authorship a model emphasizing individual genius and creation ex nihilo Authorship they argue is actually a collaborative effort Authors assemble their works from the fragments of their cultural environment transforming as much as creating Copyright law however still champions the rights of authors and it requires a coherent theory of what authorship is An alternative to the romantic model of authorship can be found in information theory a branch of mathematics dealing at a very fundamental level with all forms of communication Authorship could be defined …
Face To Face': Rediscovering The Right To Confront Prosecution Witnesses, Richard D. Friedman
Face To Face': Rediscovering The Right To Confront Prosecution Witnesses, Richard D. Friedman
Articles
The Sixth Amendment to the United States Constitution protects the right of an accused 'to confront the witnesses against him'. The United States Supreme Court has treated this Confrontation Clause as a broad but rather easily rebuttable rule against using hearsay on behalf of a criminal prosecution; with respect to most hearsay, the exclusionary rule is overcome if the court is persuaded that the statement is sufficiently reliable, and the court can reach that conclusion if the statement fits within a 'firmly rooted' hearsay exception. This article argues that this framework should be abandoned. The clause should not be regarded …
Banking The Poor, Michael S. Barr
Banking The Poor, Michael S. Barr
Articles
Low-income households often lack access to banking accounts and face high costs for transacting basic financial services through check cashers and other alternative financial service providers. These families find it more difficult to save and plan financially for the future. Living paycheck to paycheck leaves them vulnerable to medical or job emergencies that may endanger their financial stability, and lack of longer-term savings undermines their ability to improve skills, purchase a home, or send their children to college. Additionally, high cost financial services and inadequate access to bank accounts may undermine widely shared societal goals of reducing poverty, moving families …
Nationalizing Trademarks: A New International Trademark Jurisprudence?, Xuan-Thao Nguyen
Nationalizing Trademarks: A New International Trademark Jurisprudence?, Xuan-Thao Nguyen
Articles
A new international trademark jurisprudence is currently in formation that has negative impact on international trade. Indeed, this new trademark jurisprudence includes the recent phenomenon of states monopolizing the use of generic names through the elevation of such names to trademarks of national stature and the rise of global recognition and registration of geographic indication status for generic names. Professor Nguyen identifies and analyzes the new trademark jurisprudence, and critiques its impact on international trade relations and language propertization. Professor Nguyen proposes a certification mark regime to end the expansion of generic name protection and to promote fair competition.
Of World Music And Sovereign States, Professors And The Formation Of Legal Norms, Justin Hughes
Of World Music And Sovereign States, Professors And The Formation Of Legal Norms, Justin Hughes
Articles
No abstract provided.
The Laconomics Of Apples And Oranges: A Speculative Analysis Of The Economic Concept Of Commensurability, Jeanne L. Schroeder
The Laconomics Of Apples And Oranges: A Speculative Analysis Of The Economic Concept Of Commensurability, Jeanne L. Schroeder
Articles
The article challenges the commensurability debate, arguing that the opposition between commensurability and incommensurability is not a resolvable conflict but a necessary paradox rooted in human subjectivity and symbolic thought. Drawing on the philosophical traditions of Kant, Hegel, and Lacan, the analysis posits that both quantitative and qualitative aspects are essential in legal and economic decision-making, emphasizing the need to manage rather than resolve this paradox. The speculative approach suggests that rationality involves acknowledging and navigating this duality, rather than adhering to one side of the debate.
Law's Non-Existent Empire, Jeanne L. Schroeder, David G. Carlson
Law's Non-Existent Empire, Jeanne L. Schroeder, David G. Carlson
Articles
The article critiques Pierre Schlag's normative legal thought, arguing that while his descriptive critique of law as a fiction is accurate, his normative proposal to abolish law is contradictory and flawed. By incorporating Lacanian psychoanalysis, the authors contend that law, as part of the symbolic order, is constitutive of subjectivity and cannot be abolished. They propose that legal scholarship should instead focus on exposing law's role in shaping subjectivity rather than seeking to eliminate it. The analysis emphasizes that law, like language, is an intersubjective system sustained by collective belief, despite lacking a concrete foundation.
Pierre The Anomalist: An Epistemology Of The Legal Closet, Peter Goodrich
Pierre The Anomalist: An Epistemology Of The Legal Closet, Peter Goodrich
Articles
The article examines Pierre Schlag's radical critique of legal reason and the legal academy, which challenges the profession's reliance on abstract norms and universal truths. Schlag's work, often met with hostility, exposes the material and emotional underpinnings of legal discourse, particularly the fear of losing control and status tied to the academy's faith in reason. His critique is situated within broader philosophical traditions that question the limits of reason and the importance of creativity in legal thought. The article also explores how Schlag's ideas intersect with other scholars' work, such as Reginald Leamon Robinson's analysis of legal narrative and identity, …
Interpretive Theory In Its Infancy: A Reply To Posner, Cass R. Sunstein, Adrian Vermeule
Interpretive Theory In Its Infancy: A Reply To Posner, Cass R. Sunstein, Adrian Vermeule
Articles
No abstract provided.
The 'Necessary' History Of Property And Liberty, Richard A. Epstein
The 'Necessary' History Of Property And Liberty, Richard A. Epstein
Articles
No abstract provided.
Cybertrespass, Richard A. Epstein
Reparations For Slavery And Other Historical Injustices, Eric A. Posner, Adrian Vermeule
Reparations For Slavery And Other Historical Injustices, Eric A. Posner, Adrian Vermeule
Articles
Victims of historical injustices who have no positive law claim against wrongdoers often seek reparations from governments, and occasionally they obtain them. The best known reparations programs are those for Japanese Americans who were interned by the United States government during World War II, and for victims of the Nazi Holocaust. But there are several other less well known programs both in the United States and abroad, and there are countless proposals for new reparations programs, including a proposal for slave reparations in the United States. The moral and political arguments for and against reparations in diverse contexts have received …
Reply: The Institutional Dimension Of Statutory And Constitutional Interpretation, Richard A. Posner
Reply: The Institutional Dimension Of Statutory And Constitutional Interpretation, Richard A. Posner
Articles
No abstract provided.
Deafness And Chemical Dependency, Jeff Rubin
Naturalized Epistemology And The Law Of Evidence: Reply To Redmayne, Ronald J. Allen, Brian Leiter
Naturalized Epistemology And The Law Of Evidence: Reply To Redmayne, Ronald J. Allen, Brian Leiter
Articles
No abstract provided.
Interpretation And Institutions, Cass R. Sunstein, Adrian Vermeule
Interpretation And Institutions, Cass R. Sunstein, Adrian Vermeule
Articles
No abstract provided.
Norms On The Responsibilities Of Transnational Corporations And Other Business Enterprises With Regard To Human Rights, David Weissbrodt, Muria Kruger
Norms On The Responsibilities Of Transnational Corporations And Other Business Enterprises With Regard To Human Rights, David Weissbrodt, Muria Kruger
Articles
On August 13, 2003, the United Nations Sub-Commission on the Promotion and Protection of Human Rights approved the "Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights" (Norms) 1 in its Resolution 2003/16. 2 The Norms represent a landmark step in holding businesses accountable for their human rights abuses and constitute a succinct, but comprehensive, restatement of the international legal principles applicable to businesses with regard to human rights, humanitarian law, international labor law, environmental law, consumer law, anticorruption law, and so forth.
Race, Politics, And Juvenile Justice: The Warren Court And The Conservative "Backlash", Barry C. Feld
Race, Politics, And Juvenile Justice: The Warren Court And The Conservative "Backlash", Barry C. Feld
Articles
A century ago, the Progressive reformers who created the juvenile court embraced a particular ideological construction of childhood as one of innocence and vulnerability. They also adopted a scientific conception of social control - positive criminology - that attempted to identify the causes of criminality and purported to treat, rather than to punish, offenders. The juvenile court combined the new conception of childhood with the new strategies of positive criminology to create a judicial-welfare alternative to the adult criminal process for juveniles. The juvenile court affirmed the responsibility of families to raise their children while expanding the state's prerogative to …
Home On The Range: Family And Constitutionalism In American Continental Settlement, Mark E. Brandon
Home On The Range: Family And Constitutionalism In American Continental Settlement, Mark E. Brandon
Articles
No abstract provided.
Distrust Quotations In Latin, Peter Goodrich