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Articles 2161 - 2190 of 3255
Full-Text Articles in Entire DC Network
Public Choice Defended (Reviewing Gerry Mackie, Democracy Defended (2003)), Saul Levmore
Public Choice Defended (Reviewing Gerry Mackie, Democracy Defended (2003)), Saul Levmore
Articles
No abstract provided.
The Expressive Power Of Adjudication, Richard H. Mcadams
The Expressive Power Of Adjudication, Richard H. Mcadams
Articles
This article provides a causal explanation of adjudicative compliance that is distinct from both the court's threat of sanctions and its institutional legitimacy. The new mechanism for compliance is the power of adjudicative expression. The theory of "expressive adjudication" arises from a previously neglected synergy among three expressive concepts in game theory -correlated equilibria, focal points, and signals. The article identifies the circumstances in which adjudicative expression can, by itself, influence the behavior of existing disputants and of future potential disputants. In each case, ambiguity in the relevant facts or the concepts underlying intentional and spontaneous order can cause a …
A Social Networks Theory Of Privacy, Lior Strahilevitz
A Social Networks Theory Of Privacy, Lior Strahilevitz
Articles
What facts are public and what facts are private? It is the fundamental, first-principles question in privacy law, and a necessary element in the two most important privacy torts public disclosure of private facts and intrusion upon seclusion. This paper argues that insights from the literature on social networks and information dissemination can help provide courts with a coherent and consistent methodology for determining whether an individual has a reasonable expectation of privacy in a particular fact that he has shared with one or more persons. The social networks literature has generated theoretical and empirical insights about the probability that …
Pets Or Meat, Mary Anne Case
Regulatory Paternalism In The Market For Drugs: Lessons From Vioxx And Celebrex, Richard A. Epstein
Regulatory Paternalism In The Market For Drugs: Lessons From Vioxx And Celebrex, Richard A. Epstein
Articles
No abstract provided.
Roundtable Discussion: Must We Choose Between Rationality And Irrationality?, Richard H. Mcadams
Roundtable Discussion: Must We Choose Between Rationality And Irrationality?, Richard H. Mcadams
Articles
No abstract provided.
Empirical Economics And The Study Of Punishment And Crime, Thomas J. Miles
Empirical Economics And The Study Of Punishment And Crime, Thomas J. Miles
Articles
No abstract provided.
Judicial Behavior And Performance: An Economic Approach, Richard A. Posner
Judicial Behavior And Performance: An Economic Approach, Richard A. Posner
Articles
No abstract provided.
Guido Calabresi's 'The Costs Of Accidents': A Reassessment, Richard A. Posner
Guido Calabresi's 'The Costs Of Accidents': A Reassessment, Richard A. Posner
Articles
No abstract provided.
Hayek, Law, And Cognition, Richard A. Posner
Foreword: A Political Court, Richard A. Posner
Consent, Aesthetics, And The Boundaries Of Sexual Privacy After Lawrence V. Texas, Lior Strahilevitz
Consent, Aesthetics, And The Boundaries Of Sexual Privacy After Lawrence V. Texas, Lior Strahilevitz
Articles
No abstract provided.
Classroom Interpreting And Visual Information Processing In Mainstream Education For Deaf Students: Live Or Memorex?, Marc Marschark, Jeff Pelz, Carol Convertino, Patricia Sapere, Mary Ellen Arndt, Rosemarie Seewagen
Classroom Interpreting And Visual Information Processing In Mainstream Education For Deaf Students: Live Or Memorex?, Marc Marschark, Jeff Pelz, Carol Convertino, Patricia Sapere, Mary Ellen Arndt, Rosemarie Seewagen
Articles
This study examined visual information processing and learning in classrooms including both deaf and hearing students. Of particular interest were the effects on deaf students’ learning of live (threedimensional) versus video-recorded (two-dimensional) sign language interpreting and the visual attention strategies of more and less experienced deaf signers exposed to simultaneous, multiple sources of visual information. Results from three experiments consistently indicated no differences in learning between three-dimensional and two-dimensional presentations among hearing or deaf students. Analyses of students’ allocation of visual attention and the influence of various demographic and experimental variables suggested considerable flexibility in deaf students’ receptive communication skills. …
Product Placement In Film And Television, Michael Bovard, Jeffrey Murray
Product Placement In Film And Television, Michael Bovard, Jeffrey Murray
Articles
No abstract provided.
Cautionary Tales Of Adoption: Addressing The Litigation Crisis At The Moment Of Adoption, Elizabeth Brandt
Cautionary Tales Of Adoption: Addressing The Litigation Crisis At The Moment Of Adoption, Elizabeth Brandt
Articles
No abstract provided.
Group Judgments: Statistical Means, Deliberation, And Information Markets, Cass R. Sunstein
Group Judgments: Statistical Means, Deliberation, And Information Markets, Cass R. Sunstein
Articles
How can groups elicit and aggregate the information held by their individual members? There are three possibilities. Groups might use the statistical mean of individual judgments; they might encourage deliberation; or they might use information markets. In both private and public institutions, deliberation is the standard way of proceeding; but for two reasons, deliberating groups often fail to make good decisions. First, the statements and acts of some group members convey relevant information, and that information often leads other people not to disclose what they know. Second, social pressures, imposed by some group members, often lead other group members to …
Is Capital Punishment Morally Required? - Acts, Omissions, And Life-Life Tradeoffs Ethics And Empirics Of Capital Punishment, Cass R. Sunstein, Adrian Vermeule
Is Capital Punishment Morally Required? - Acts, Omissions, And Life-Life Tradeoffs Ethics And Empirics Of Capital Punishment, Cass R. Sunstein, Adrian Vermeule
Articles
Many people believe that the death penalty should be abolished even if as recent evidence seems to suggest, it has a significant deterrent effect. But if such an effect can be established, capital punishment requires a life-life tradeoff, and a serious commitment to the sanctity of human life may well compel, rather than forbid, that form of punishment. The familiar problems with capital punishment potential error, irreversibility, arbitrariness, and racial skew-do not require abolition because the realm of homicide suffers from those same problems in even more acute form. Moral objections to the death penalty frequently depend on a sharp …
Precautions Against What - The Availability Heuristic And Cross-Cultural Risk Perception Meador Lecture Series 2004-2005: Risk And The Law, Cass R. Sunstein
Precautions Against What - The Availability Heuristic And Cross-Cultural Risk Perception Meador Lecture Series 2004-2005: Risk And The Law, Cass R. Sunstein
Articles
Because risks are on all sides of social situations, it is not possible to be globally "precautionary." Hence, the Precautionary Principle runs into serious conceptual difficulties; any precautions will themselves create hazards of one kind or another. When the principle gives guidance, it is often because of the availability heuristic, which can make some risks stand out as particularly salient, regardless of their actual magnitude. The same heuristic helps to explain differences across groups, cultures, and even nations in the perception of risks, especially when linked with such social processes as cascades and group polarization. One difficulty is that what …
Problems With Minimalism, Cass R. Sunstein
Problems With Minimalism, Cass R. Sunstein
Articles
Much of Justice Sandra Day O'Connor's work on the Supreme Court embodies a commitment to judicial minimalism, understood as a preference for narrow rulings, closely attuned to particular facts. In many contexts, however, that commitment is hard to justify, simply because it imposes severe decisionmaking burdens on others and may well create more, rather than fewer, errors. For this reason, a general preference for minimalism is no more defensible than a general preference for rules. The choice between narrow and wide rulings cannot itself be made by rules or even presumptions; it requires a case-by-case inquiry. The argument is illustrated …
Endorsement Retires: From Religious Symbols To Anti-Sorting Principles, Adam M. Samaha
Endorsement Retires: From Religious Symbols To Anti-Sorting Principles, Adam M. Samaha
Articles
No abstract provided.
Undue Process: Congressional Referral And Judicial Resistance In The Schiavo Controversy Schiavo Case: A Symposium, Adam M. Samaha
Undue Process: Congressional Referral And Judicial Resistance In The Schiavo Controversy Schiavo Case: A Symposium, Adam M. Samaha
Articles
No abstract provided.
Medellin V. Dretke: Federalism Andinternational Law, Curtis A. Bradley, Lori F. Damrosch
Medellin V. Dretke: Federalism Andinternational Law, Curtis A. Bradley, Lori F. Damrosch
Articles
No abstract provided.
Punishment And Crime Across Space And Time, Michael Tonry, David P. Farrington
Punishment And Crime Across Space And Time, Michael Tonry, David P. Farrington
Articles
No abstract provided.
Obsolescence And Immanence In Penal Theory And Policy, Michael Tonry
Obsolescence And Immanence In Penal Theory And Policy, Michael Tonry
Articles
No abstract provided.
Punishment Purposes, Richard Frase
Racial Integration And Community Revitalization: Applying The Fair Housing Act To The Low Income Housing Tax Credit, Myron Orfield
Racial Integration And Community Revitalization: Applying The Fair Housing Act To The Low Income Housing Tax Credit, Myron Orfield
Articles
No abstract provided.
Credit Cards On Campus: Academic Inquiry, Objective Empiricism, Or Advocacy Research?, Robert Manning, Ray Kirshak
Credit Cards On Campus: Academic Inquiry, Objective Empiricism, Or Advocacy Research?, Robert Manning, Ray Kirshak
Articles
Professors John M. Barron and Michael E. Staten's article in Vol. 34, N. 3 of the Journal of Student Financial Aid, "Usage of Credit Cards Received through College Student Marketing Programs," purports to "provide benchmark measures of college student credit card usage" (p. 7). Based on empirical analysis of proprietary industry data, they conclude that "There is no evidence... that young adults who received credit cards through student-marketing programs are misusing cards so frequently as to warrant singling them out as a group for special protections from marketing solicitations" (p. 25). Their key assertions, which portray on-campus credit card marketing …
On Legal Pragmatism: Where Does "The Path Of The Law" Lead Us?, Susan Haack
On Legal Pragmatism: Where Does "The Path Of The Law" Lead Us?, Susan Haack
Articles
No abstract provided.
Educational Interpreting: Access And Outcomes, Marc Marschark, Patricia Sapere, Carol Convertino, Rosemarie Seewagen
Educational Interpreting: Access And Outcomes, Marc Marschark, Patricia Sapere, Carol Convertino, Rosemarie Seewagen
Articles
This chapter argues that the assumption that mainstream education—supported by sign language interpreting—can provide deaf students with fair and appropriate public education may be unfounded. It describes research that emphasizes the need to understand better the complex personal and functional interactions of students, instructors, interpreters, and settings if educational interpreting—and interpreted education— is to be optimally beneficial for deaf students.
After 70 Years Of The Nlrb: Warm Congratulations -- And A Few Reservations, Theodore J. St. Antoine
After 70 Years Of The Nlrb: Warm Congratulations -- And A Few Reservations, Theodore J. St. Antoine
Articles
The following essay is based on a talk the speaker was invited to deliver to the National Labor Relations Board on June 3 in Washington, D.C., on the occasion of the agency's 70th anniversary.