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Articles 6811 - 6840 of 7751
Full-Text Articles in Entire DC Network
The Risks Of Death: Why Erroneous Convictions Are Common In Capital Cases (Symposium: The New York Death Penalty In Context), Samuel R. Gross
The Risks Of Death: Why Erroneous Convictions Are Common In Capital Cases (Symposium: The New York Death Penalty In Context), Samuel R. Gross
Articles
As the Supreme Court has said, time and again, death is different: It is "different in kind from any other punishment imposed under our system of criminal justice;"1 it "differs more from life imprisonment than a 100-year sentence differs from one of only a year or two;"' 2 and so forth. Traditionally, this observation has justified special procedural protections for capital defendants. Justice Harlan put it nicely nearly forty years ago: "I do not concede that whatever process is 'due' an offender faced with a fine or a prison sentence necessarily satisfies the requirements of the Constitution in a capital …
The Structure Of International Taxation: A Proposal For Simplification, Reuven S. Avi-Yonah
The Structure Of International Taxation: A Proposal For Simplification, Reuven S. Avi-Yonah
Articles
The article explains the structure of the international tax regime and offers suggestions for improvement.
Don't Try: Civil Jury Verdicts In A System Geared To Settlement, Samuel R. Gross, Kent D. Syverud
Don't Try: Civil Jury Verdicts In A System Geared To Settlement, Samuel R. Gross, Kent D. Syverud
Articles
If it is true, as we often hear, that we are one of the most litigious societies on earth, it is because of our propensity to sue, not our affinity for trials. Of the hundreds of thousands of civil lawsuits that are filed each year in America, the great majority are settled; of those that are not settled, most are ultimately dismissed by the plaintiffs or by the courts; only a few percent are tried to a jury or a judge. This is no accident. We prefer settlements and have designed a system of civil justice that embodies and expresses …
Capture And Counteraction: Self- Help By Environmental Zealots (Allen Chair Symposium 1996: The Future Of Environmental And Land-Use Regulation), James E. Krier
Capture And Counteraction: Self- Help By Environmental Zealots (Allen Chair Symposium 1996: The Future Of Environmental And Land-Use Regulation), James E. Krier
Articles
Self-help is a largely neglected topic in American legal studies.1 With the exception of a survey by a group of law students published a dozen years ago,2 there appears to be little, if anything, in our legal literature that confronts the subject in a systematic way.3 This is so, at least, if one defines self-help as I do. To me, the term refers to any act of bypassing the formal legal system in order to get what one wants.
On Transitive And Fully Transitive Abelian P-Groups, D. Carroll, Brendan Goldsmith
On Transitive And Fully Transitive Abelian P-Groups, D. Carroll, Brendan Goldsmith
Articles
It is a long standing problem of A.L.S. Corner as to whether there exists a non-transitive fully transitive Abelian p-group with finite Ulm subgroups. The principal result of this paper shows that no such group exists for a special class of p-groups if the Ulm subjgroup is the direct sum of two cyclic groups. Some results on summands of trnsitive and fully transitive groups are obtained.
What Juvenile Court Abolitionists Can Learn From The Failures Of Sentencing Reform, David Yellen
What Juvenile Court Abolitionists Can Learn From The Failures Of Sentencing Reform, David Yellen
Articles
No abstract provided.
A Formal Preparation For Object-Oriented Query Optimisation, Catherine Higgins
A Formal Preparation For Object-Oriented Query Optimisation, Catherine Higgins
Articles
This paper describes work that is in progress on a formalised preparation to object-oriented query optimisation. Such preparation is conducive to the development of optimisation strategies. As an example of a formal preparation, this paper presents a formalised object algebra, a suggested optimisation method and an implementation of an algebraic converter suitable for DAPLEX.
Rotating Disk Ion Selective Electrodes, John Cassidy, David Mullen, Karen Casey, Patrick Cullen
Rotating Disk Ion Selective Electrodes, John Cassidy, David Mullen, Karen Casey, Patrick Cullen
Articles
A simulation was undertaken to predict the transient potential response following a concentration step at a rotating disk electrode comprised of an ion selective layer. A basis for this simulation was that the potential response would be independent of rotation rate since the diffusion layer is larger than the double layer at the electrode. In practice it was found that the potential response does vary with rotation rate. The response was such that the apparent concentration of the analyte in solution decreased with increased rotation rate. The reason for this behavior is due to the disruption of the double layer …
The Once And Future Property-Based Vision Of The First Amendment, John O. Mcginnis
The Once And Future Property-Based Vision Of The First Amendment, John O. Mcginnis
Articles
The growth of the information superhighway depends not only on technological developments, but also on our society's commitment to the free flow of information. Paradoxically, however, as the digital revolution in telecommunications is bringing the information superhighway into sharp focus, the justifications for contemporary First Amendment jurisprudence are becoming blurred.
The Myth Of Testamentary Freedom, Melanie B. Leslie
Race And Place: Geographic And Transcendent Community In The Post-Shaw Era, Lisa A. Kelly
Race And Place: Geographic And Transcendent Community In The Post-Shaw Era, Lisa A. Kelly
Articles
Race and Place is a narrative article, both fictional and true, dedicated to exploring the dual realities of a geographic and transcendent community in the context of the Supreme Court's recent decisions in Shaw v. Reno and Miller v. Johnson. The Court has allowed and affirmed constitutional challenges to districts drawn to empower African-Americans "with nothing in common but the color of their skin." The Article draws upon history, literature, political science, and law to critique the Court's assumptions concerning the challenged districts and to demonstrate the existence of African-American communities of interest which are both geographically bounded by …
Statutory Rape Laws - Does It Make Sense To Enforce Them In An Increasingly Permissive Society At Issue, Michelle Oberman, Richard Delgado
Statutory Rape Laws - Does It Make Sense To Enforce Them In An Increasingly Permissive Society At Issue, Michelle Oberman, Richard Delgado
Articles
No abstract provided.
Intermediate Sanctions, Michael Tonry, Mary Lynch
Comment: Between Women/Between Men: The Significance For Lesbianism Of Historical Understandings Of Same-(Male)Sex Sexual Activities, Mary I. Coombs
Comment: Between Women/Between Men: The Significance For Lesbianism Of Historical Understandings Of Same-(Male)Sex Sexual Activities, Mary I. Coombs
Articles
No abstract provided.
Cheaters, Not Criminals: Antitrust Invalidation Of Statutes Outlawing Sports Agent Recruitment Of Student Athletes, Ricardo J. Bascuas
Cheaters, Not Criminals: Antitrust Invalidation Of Statutes Outlawing Sports Agent Recruitment Of Student Athletes, Ricardo J. Bascuas
Articles
No abstract provided.
The Essential Role Of Trusted Third Parties In Electronic Commerce, A. Michael Froomkin
The Essential Role Of Trusted Third Parties In Electronic Commerce, A. Michael Froomkin
Articles
No abstract provided.
It Came From Planet Clipper: The Battle Over Cryptographic Key "Escrow", A. Michael Froomkin
It Came From Planet Clipper: The Battle Over Cryptographic Key "Escrow", A. Michael Froomkin
Articles
No abstract provided.
Flood Control On The Information Ocean: Living With Anonymity, Digital Cash, And Distributed Databases, A. Michael Froomkin
Flood Control On The Information Ocean: Living With Anonymity, Digital Cash, And Distributed Databases, A. Michael Froomkin
Articles
No abstract provided.
Liberty Without Equality: The Property-Rights Connection In A Negative Citizenship Regime, David Abraham
Liberty Without Equality: The Property-Rights Connection In A Negative Citizenship Regime, David Abraham
Articles
Why, in comparison with other liberal capitalist democracies, is the social welfare state so poorly anchored in American law and public discourse? Surely American political and social history have contributed much to the weakness of our "social state." But law, too, has played a significant material, as well as ideological, role and has provided the terrain for much of our social development. This essay explores the particular contribution of the property-liberty nexus to the stunted development of positive liberty and social citizenship in the United States. It traces this connection from the natural rights and bourgeois Founders through several key …
The Thrift Crisis And The Constitution, Stanley I. Langbein
The Thrift Crisis And The Constitution, Stanley I. Langbein
Articles
No abstract provided.
Mitigation, Mercy, And Delay: The Moral Politics Of Death Penalty Abolitionists, Anthony V. Alfieri
Mitigation, Mercy, And Delay: The Moral Politics Of Death Penalty Abolitionists, Anthony V. Alfieri
Articles
No abstract provided.
Ethical Commitments, Anthony V. Alfieri
Measured Stark Widths Of A 425,94 Nm Ari Spectral Line, Ljiljana Skuljan, Vladimir Milosavljevic, Aleksandar Sreckovic, Stevan Djenize
Measured Stark Widths Of A 425,94 Nm Ari Spectral Line, Ljiljana Skuljan, Vladimir Milosavljevic, Aleksandar Sreckovic, Stevan Djenize
Articles
No abstract provided.
Chix Nix Bundle-O-Stix: A Feminist Critique Of The Disaggregation Of Property, Jeanne L. Schroeder
Chix Nix Bundle-O-Stix: A Feminist Critique Of The Disaggregation Of Property, Jeanne L. Schroeder
Articles
Jeanne Schroeder's article critiques the traditional "bundle of sticks" metaphor of property theory, arguing that it erodes property's unity and essence. She integrates insights from Hegel and Lacan to propose a more cohesive understanding of property, emphasizing its role in mediating human interactions and freedom. Schroeder challenges gendered power dynamics in property theory and advocates for a feminist reimagining of property that transcends outdated metaphors.
Chp And Energy Conservation, Jim Mcgovern
Chp And Energy Conservation, Jim Mcgovern
Articles
The principles of the use of 'combined heat and power' (CHP) for the achievement of fuel energy conservation, minimisation of environmental impact and economic advantage are explained. A distinction is made between the two types of outputs: heat and work. It is argued that an efficiency value that is defined as the sum of the heat and work outputs divided by the energy of the fuel used is not very meaningful. An alternative, rational, efficiency is explained. It is concluded that CHP is an option to be considered where both heating and power are required, but is not a general …
Testing Colour-Appearance Models: Guidelines For Coordinated Research, Mark Fairchild
Testing Colour-Appearance Models: Guidelines For Coordinated Research, Mark Fairchild
Articles
These guidelines provide an overview of the many issues involved in generating visual data that can be used to evaluate the performance of colour-appearance models. the three main sections of these guidelines outline the parameters that must be evaluated and controlled in experimental setups for colour-appearance experiments, suggested psychophysical techniques for gathering the data, and some suggested techniques for data analysis. Experimental parameters addressed include models to be tested, illumination conditions, background and surround conditions, types of stimuli to be used, and issues relating to viewing technique. the psychophysical techniques of magnitude estimation, matching, and direct model testing (paired comparison) …
Jean Sulivan : Champion Of The Marginalised, Eamon Maher
Jean Sulivan : Champion Of The Marginalised, Eamon Maher
Articles
Material reproduced by kind permission of The Month
Freedom And Criminal Responsibility In The Age Of Pound: An Essay On Criminal Justice, Thomas A. Green
Freedom And Criminal Responsibility In The Age Of Pound: An Essay On Criminal Justice, Thomas A. Green
Articles
The concept of freedom has two main aspects: political liberty and freedom of the will. I am concerned here with the latter, although - as these two aspects of freedom are not entirely unrelated to each other - I shall touch also on the former. Enough has been written from a philosophical perspective on the relationship between free will and the law that it is not easy to justify yet another such undertaking. But there may still be room for some informal observations on the manner in which doubts about the concept of freedom of the will affected discussion of …
On The 'Fruits' Of Miranda Violations, Coerced Confessions, And Compelled Testimony, Yale Kamisar
On The 'Fruits' Of Miranda Violations, Coerced Confessions, And Compelled Testimony, Yale Kamisar
Articles
Professor Akhil Reed Amar and Ms. Renee B. Lettow have written a lively, provocative article that will keep many of us who teach constitutional-criminal procedure busy for years to come. They present a reconception of the "first principles" of the Fifth Amendment, and they suggest a dramatic reconstruction of criminal procedure. As a part of that reconstruction, they propose, inter alia, that at a pretrial hearing presided over by a judicial officer, the government should be empowered to compel a suspect, under penalty of contempt, to provide links in the chain of evidence needed to convict him.
Segregation, Whiteness, And Transformation, Martha R. Mahoney
Segregation, Whiteness, And Transformation, Martha R. Mahoney
Articles
No abstract provided.