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Articles 871 - 900 of 904
Full-Text Articles in Entire DC Network
Economics, Politics, And The Reading Of Statutes And The Constitution, Richard A. Posner
Economics, Politics, And The Reading Of Statutes And The Constitution, Richard A. Posner
Articles
No abstract provided.
A New United Nations Mechanism For Encouraging The Ratification Of Treaties, David Weissbrodt
A New United Nations Mechanism For Encouraging The Ratification Of Treaties, David Weissbrodt
Articles
The ratification of international human rights treaties is critical to the worldwide observance of human rights and fundamental freedoms. The United Nations General Assembly and Commission on Human Rights have repeatedly emphasized the importance of ratification and have frequently encouraged states to ratify the relevant international instruments. Despite these efforts, acceptance of human rights treaties has been uneven. A con- siderable number of states have failed to ratify.
The Moralist As Expert Witness, Richard Delgado, Peter Mcallen
The Moralist As Expert Witness, Richard Delgado, Peter Mcallen
Articles
No abstract provided.
Curia Regis: Some Comments On The Divine Right Of Kings And Courts To Say What The Law Is, Philip B. Kurland
Curia Regis: Some Comments On The Divine Right Of Kings And Courts To Say What The Law Is, Philip B. Kurland
Articles
No abstract provided.
Juvenile Court Legislative Reform And The Serious Young Offender: Dismantling The "Rehabilitative Ideal", Barry C. Feld
Juvenile Court Legislative Reform And The Serious Young Offender: Dismantling The "Rehabilitative Ideal", Barry C. Feld
Articles
There are two principal mechanisms for transferring juvenile offenders to the adult criminal justice process. The most common mechanism is judicial waiver; the alternative is legislative waiver, i.e., the legislature redefines juvenile court jurisdiction to exclude from juvenile courts those youths charged with certain offenses. During 1980, the Minnesota Legislature actively reviewed the State's juvenile code and significantly modified several provisions focusing on the serious young offender, the certification process, and the interface between the juvenile and criminal courts in sentencing. Under the new legislation, the exclusively benevolent and rehabilitative purpose of the juvenile court remains only for children alleged …
Constitutional Interpretation, Terrance Sandalow
Constitutional Interpretation, Terrance Sandalow
Articles
"[We] must never forget," Chief Justice Marshall admonished us in a statement pregnant with more than one meaning, "that it is a constitution we are expounding."' Marshall meant that the Constitution should be read as a document "intended to endure for ages.to come, and, consequently, to be adapted to the various crises of human affairs."'2 But he meant also that the construction placed upon the document must have regard for its "great outlines" and "important objects."'3 Limits are implied by the very nature of the task. There is not the same freedom in construing the Constitution as in constructing a …
The Present Situation In Legal Scholarship, Richard A. Posner
The Present Situation In Legal Scholarship, Richard A. Posner
Articles
No abstract provided.
The Need For Clear Structure In 'Plain Language' Legal Drafting, Layman E. Allen, C. Rudy Engholm
The Need For Clear Structure In 'Plain Language' Legal Drafting, Layman E. Allen, C. Rudy Engholm
Articles
Language is not simple. To pretend otherwise is to mislead. In practice the aspect that is handled most ineptly in written legal materials is the structure. The focus of this article is upon structure and how to improve it. At the outset, let one thing be absolutely clear. In seeking to achieve clarity of expression, those who have no more to recommend than short sentences, simple words, and readability formulas are offering a cracker in circumstances where a full gourmet feast is gleaming in the chef's eye for those with the wit but to ask for the menu. To practice …
Does The Constitution Mean What It Always Meant?, James W. Nickel, Stephen R. Munzer
Does The Constitution Mean What It Always Meant?, James W. Nickel, Stephen R. Munzer
Articles
No abstract provided.
The Right Of Privacy, Richard A. Posner
Preferential Policies In Hiring And Admissions, James W. Nickel
Preferential Policies In Hiring And Admissions, James W. Nickel
Articles
No abstract provided.
Minority Students And The Legal Curriculum: An Experiment At Berkeley Symposium: Minority Rights, Richard Delgado
Minority Students And The Legal Curriculum: An Experiment At Berkeley Symposium: Minority Rights, Richard Delgado
Articles
No abstract provided.
Mentioning Expressions, Susan Haack
Defunis Is Moot - The Issue Is Not, Philip B. Kurland, Alexander M. Bickel, Archibald Cox
Defunis Is Moot - The Issue Is Not, Philip B. Kurland, Alexander M. Bickel, Archibald Cox
Articles
No abstract provided.
Queries 'N Theories: An Instructional Game On The Dot, Dot, Dot... Approach To Scientific Method, Layman E. Allen
Queries 'N Theories: An Instructional Game On The Dot, Dot, Dot... Approach To Scientific Method, Layman E. Allen
Articles
QUERIES 'N THEORIES provides a parallel to the strong inference approach to scientific method - designing experiments, observing data, and theorizing. The reiter- ated use of the DOT approach (Design, Observe, Theorize) in the problem-solving required by the game mirrors the regular, systematic application of strong inference in some areas of science (e.g., high energy physics and molecular biology) that have moved ahead much more rapidly than others. Moreover, the game embodies and provides practice in two aspects of scientific theorizing and designing which John Platt has pointed out as central to scientific advance: (1) the usefulness of multiple hypotheses …
The Fourth Amendment As A Way Of Talking About People: A Study Of Robinson And Matlock, James Boyd White
The Fourth Amendment As A Way Of Talking About People: A Study Of Robinson And Matlock, James Boyd White
Articles
One way to regard what the Supreme Court has done in the cases it has decided under the Fourth Amendment is to say that it has created a specialized discourse of adjudication, a language in which it can talk about and dispose of the repeated conflicts that arise between an officer engaged in the process of crime control and a citizen upon whose freedom or security he intrudes. The events which bring these two figures together are bewildering in their variety and complexity, and the claims on each side are deeply felt and strenuously made. It has not been easy …
Mexican Americans As A Legally Cognizable Class Under Rule 23 And The Equal Protection Clause, Richard Delgado, Vicky Palacios
Mexican Americans As A Legally Cognizable Class Under Rule 23 And The Equal Protection Clause, Richard Delgado, Vicky Palacios
Articles
Reviews the status of Mexican Americans as a class under current law Reveals a fundamental incongruity while those who discriminate against Latinos can tell who they are courts and judges profess that they are unable to do so leaving many wrongs without a remedy Addresses the difficulty courts encounter in perceiving the group as a class and discusses a number of ways to help delineate one Concludes the problem is eminently capable of resolution and suggests ways of doing so
Method In Philosophic Inquiry For Christian Education, Elmer L. Towns
Method In Philosophic Inquiry For Christian Education, Elmer L. Towns
Articles
No abstract provided.
The Basic Course—A Mild Dissent, Whitmore Gray
The Basic Course—A Mild Dissent, Whitmore Gray
Articles
Perhaps it is unusual to start a discussion of a topic with a dissent from the assumption underlying its choice, but I think that in the present case this may be justified. The present topic was no doubt selected because for many years teachers have viewed the course in "comparative law" as a basic course, leading subsequently to specialized courses or research in various subject matters or geographical areas. In fact, the other two speakers on this afternoon's program, Professors Rudolf Schlesinger of Cornell and Arthur von Mehren of Harvard, are both on record in the form of their casebooks …
Scholarship On Soviet Family Law In Perspective, Whitmore Gray
Scholarship On Soviet Family Law In Perspective, Whitmore Gray
Articles
The radical changes in the norms of Soviet family law over the past fifty years have reflected the convulsions of Soviet society as well as the revisions of Marxism-Leninism-Stalinism. This paper is a commentary on the writing in this field by Americans in particular, and by other non-Soviets in general. In view of the volume of writing in this field, it has been necessary to limit discussion in the text to a few representative articles illustrating a few of the subject matters treated and various typical approaches employed. The topic is a particularly timely one, for new, comprehensive Principles of …
The Interpretation Of Treaties By Tribunals, Gidon A. G. Gottlieb
The Interpretation Of Treaties By Tribunals, Gidon A. G. Gottlieb
Articles
No abstract provided.
Oligopoly And The Antitrust Laws: A Suggested Approach, Richard A. Posner
Oligopoly And The Antitrust Laws: A Suggested Approach, Richard A. Posner
Articles
No abstract provided.
Comparative Law - Its Functions, Methods And Usages, Max Rheinstein
Comparative Law - Its Functions, Methods And Usages, Max Rheinstein
Articles
No abstract provided.
Law And Social Change In Ghana, Max Rheinstein
A Dissent From The Miranda Dissents: Some Comments On The 'New' Fifth Amendment And The Old 'Voluntariness' Test, Yale Kamisar
A Dissent From The Miranda Dissents: Some Comments On The 'New' Fifth Amendment And The Old 'Voluntariness' Test, Yale Kamisar
Articles
F the several conferences and workshops (and many lunch conversations) on police interrogation and confessions in which I have participated this past summer3 are any indication, Miranda v. Arizona' has evoked much anger and spread much sorrow among judges, lawyers and professors. In the months and years ahead, such reaction is likely to be translated into microscopic analyses and relentless, probing criticism of the majority opinion. During this period of agonizing appraisal and reappraisal, I think it important that various assumptions and assertions in the dissenting opinions do not escape attention.
Ehrenzweig On The Law Of Conflict Of Laws, Max Rheinstein
Ehrenzweig On The Law Of Conflict Of Laws, Max Rheinstein
Articles
No abstract provided.
An Agenda For Jurisprudence, Denis V. Cowen
Legal Thinking Revised, Max Rheinstein
The Palo Alto Conference On Law And Behavioral Science, Harry Kalven Jr., Ralph W. Tyler
The Palo Alto Conference On Law And Behavioral Science, Harry Kalven Jr., Ralph W. Tyler
Articles
No abstract provided.
Teaching Comparative Law, Max Rheinstein