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Articles 2221 - 2250 of 3254
Full-Text Articles in Entire DC Network
A Positive Right To Protection For Children, Tamar Ezer
A Positive Right To Protection For Children, Tamar Ezer
Articles
Concepts that are useful in other areas of human rights break down in the context of children. Because children are dependent on adults for their development, they are an anomaly in the liberal legal order, which views negative rights as implying fully rational, autonomous individuals that can exercise free choice. This Article argues for a positive right to protection for children, rooted in dignity, by probing the problematic nature of the positive/negative rights duality and exploring alternate legal approaches to protecting children 's rights in both international and comparative law. The adoption of positive rights for children would help assure …
Black On Brown 50 Years Of Brown V. Board Of Education:, Cass R. Sunstein
Black On Brown 50 Years Of Brown V. Board Of Education:, Cass R. Sunstein
Articles
No abstract provided.
'Agreeing To Disagree': Filling Gaps In Deliberately Incomplete Contracts, Omri Ben-Shahar
'Agreeing To Disagree': Filling Gaps In Deliberately Incomplete Contracts, Omri Ben-Shahar
Articles
No abstract provided.
Radical Change Through Conventional Means, Emily Buss
Pragmatic Liberalism Versus Classical Liberalism (Reviewing Richard A. Epstein, Skepticism And Freedom: A Modern Case For Classical Liberalism (2003)), Richard A. Posner
Pragmatic Liberalism Versus Classical Liberalism (Reviewing Richard A. Epstein, Skepticism And Freedom: A Modern Case For Classical Liberalism (2003)), Richard A. Posner
Articles
No abstract provided.
Modernization And Representation Reinforcement: An Essay In Memory Of John Hart Ely, David A. Strauss
Modernization And Representation Reinforcement: An Essay In Memory Of John Hart Ely, David A. Strauss
Articles
No abstract provided.
The Integration Of Tax And Spending Programs, David A. Weisbach, Jacob Nussim
The Integration Of Tax And Spending Programs, David A. Weisbach, Jacob Nussim
Articles
No abstract provided.
The Perils Of Posnerian Pragmatism, Richard A. Epstein
In Defense Of The 'Old' Public Health: The Legal Framework For The Regulation Of Public Health, Richard A. Epstein
In Defense Of The 'Old' Public Health: The Legal Framework For The Regulation Of Public Health, Richard A. Epstein
Articles
The traditional forms of public health law were directed largely toward communicable diseases and other externalities, such as pollution, with negative health impacts. The more modern view treats any health issue as one of public health so long as it affects large numbers of individuals, and this definition includes such matters as obesity and diabetes. This paper examines the historical and constitutional evolution of the public health principle as it moved from the narrower to the broader conception. It then argues that the narrower principle better defines the appropriate scope of coercive government intervention than the broader definition, which could …
Skepticism And Freedom: The Intellectual Foundations Of Our Constitutional Order, Richard A. Epstein
Skepticism And Freedom: The Intellectual Foundations Of Our Constitutional Order, Richard A. Epstein
Articles
No abstract provided.
On Gun Registration, The Nra, Adolf Hitler, And Nazi Gun Laws: Exploding The Gun Culture Wars (A Call To Historians), Bernard E. Harcourt
On Gun Registration, The Nra, Adolf Hitler, And Nazi Gun Laws: Exploding The Gun Culture Wars (A Call To Historians), Bernard E. Harcourt
Articles
No abstract provided.
Corporate Heroin: A Defense Of Perks, Executive Loans, And Conspicuous Consumption, M. Todd Henderson, James C. Spindler
Corporate Heroin: A Defense Of Perks, Executive Loans, And Conspicuous Consumption, M. Todd Henderson, James C. Spindler
Articles
We argue that firms undertake to reduce employee savings in order to avoid final period problems that occur when employees accumulate enough wealth to retire and leave the industry. Normally, reputation constrains employee behavior, since an employee who "cheats" at one firm will then find herself unable to get a job at another However, employees who have saved such that they no longer care about continued employment will act opportunistically in the final periods of employment, which can destroy much or all of the surplus otherwise created by the employment relationship. We believe that this sort of final period cheating …
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 …
Evaluation Of Ten Psychometric Criteria For Circumplex Structure, G. Scott Acton, William Revelle
Evaluation Of Ten Psychometric Criteria For Circumplex Structure, G. Scott Acton, William Revelle
Articles
This study tested for sensitivity to circumplex structure in six existing and four new psychometric criteria that assess the circumplex properties of interstitiality, equal spacing, constant radius, and no preferred rotation. Simulations showed one criterion to be sensitive to equal versus unequal axes(Fisher Test) and four to be sensitive to interstitiality versus simple structure (Gap Test, Variance Test 2, Rotation Test, and Minkowski Test). Five criteria were ineffective (Squared Loadings Index, Gap* Test, Gap Difference Test, Cosine Difference Test, and Variance Test 1). Deviation scoring improved the effectiveness of most criteria and is thus recommended for assessing circumplex structure. This …
Remarks On Case-Management Criminal Mediation, Maureen Laflin
Remarks On Case-Management Criminal Mediation, Maureen Laflin
Articles
No abstract provided.
Ideological Voting On Federal Courts Of Appeals: A Preliminary Investigation, Cass R. Sunstein, Lisa Michelle Ellman, David Schkade
Ideological Voting On Federal Courts Of Appeals: A Preliminary Investigation, Cass R. Sunstein, Lisa Michelle Ellman, David Schkade
Articles
No abstract provided.
Liberty After Lawrence, Cass R. Sunstein
Lives, Life-Years, And Willingness To Pay, Cass R. Sunstein
Lives, Life-Years, And Willingness To Pay, Cass R. Sunstein
Articles
In protecting safety, health, and the environment, government has increasingly relied on cost-benefit analysis. In undertaking cost-benefit analysis, the government has monetized risks of death through the idea of the value of a statistical life (VSL), currently assessed at about $6.1 million. But the government should rely instead on the value of a statistical life-year (VSLY), in a way that would likely result in lower benefits calculations for elderly people, and higher benefits calculations for children. The hard question involves not whether to undertake this shift, but how to monetize life-years, and here willingness to pay (WTP) is generally the …
Market Efficiency And Rationality: The Peculiar Case Of Baseball 2004 Survey Of Books Relating To The Law, Cass R. Sunstein, Richard H. Thaler
Market Efficiency And Rationality: The Peculiar Case Of Baseball 2004 Survey Of Books Relating To The Law, Cass R. Sunstein, Richard H. Thaler
Articles
No abstract provided.
Properties Of Marriage, Carolyn J. Frantz, Hanoch Dagan
Properties Of Marriage, Carolyn J. Frantz, Hanoch Dagan
Articles
In this Article, Professors Frantz and Dagan articulate and examine one ideal for the institution of marriage-marriage as an egalitarian liberal community. Under this vision, a commitment to marital community, where spouses share with each other without reference to individual desert, is combined with a concern for non-subordination and the protection of individual autonomy through, primarily, free exit. Professors Frantz and Dagan argue that, contrary to the common assumption that these goals are incompatible, they can be accommodated to a remarkable degree. They then trace the implications of this vision of marriage for marital property law, and use it to …
The Canon Of Family Law, Jill Elaine Hasday
Moral Judgment Of Law Students Across Three Years: Influences Of Gender, Political Ideology And Interest In Altruistic Law Practice, Maury Landsman, Steven P. Mcneel
Moral Judgment Of Law Students Across Three Years: Influences Of Gender, Political Ideology And Interest In Altruistic Law Practice, Maury Landsman, Steven P. Mcneel
Articles
Jokes and negative stereotypes about lawyers abound, suggesting low levels of honesty and morality. One commentator has suggested a reason for this: The joke rings true to a lot of people because of what many lawyers in this country - including many at the top of the profession - do for their clients: bend, distort, conceal, cover up, obfuscate, or misrepresent the facts, in ways that are simultaneously (1) regarded by ordinary people as just plain dishonest, and (2) defended by many lawyers and legal experts as embodying the finest traditions of the bar and of legal ethics in our …
Varieties Of Youth Justice, Anthony Doob, Michael Tonry
Varieties Of Youth Justice, Anthony Doob, Michael Tonry
Articles
No abstract provided.
Corporate Constituency Statutes And Employee Governance, Brett Mcdonnell
Corporate Constituency Statutes And Employee Governance, Brett Mcdonnell
Articles
The paper compares the effects of corporate constituency statutes versus employee involvement in corporate governance, using a simple model to consider interactions between shareholders, employees, and managers. Both constituency statutes and employee governance tend to lead to a redistribution from shareholders to employees. However, constituency statutes do so at the cost of weakening limits on managerial misbehavior, thereby reducing social welfare. In contrast, employee governance strengthens the limits on managerial misbehavior, and hence is potentially more desirable than constituency statutes.
The Anti-Emergency Constitution, Laurence H. Tribe, Patrick O. Gudridge
The Anti-Emergency Constitution, Laurence H. Tribe, Patrick O. Gudridge
Articles
No abstract provided.
Spectres Of Law And Economics (Book Review), William H. Widen
Spectres Of Law And Economics (Book Review), William H. Widen
Articles
No abstract provided.
The Future Of Sustainable Development: A European Perspective, Ruth Kelly
The Future Of Sustainable Development: A European Perspective, Ruth Kelly
Articles
We are living in times of turbulence and complex changes without precedent in history. It is becoming increasingly evident that humans are an intrinsic component of nature in that their actions affect both the biotic and abiotic environments, and are in turn affected by everything that shapes those environments. In evolutionary terms, population growth, societal restructuring, exhaustion of natural resources and technological advancements have usually been so slow as to be indiscernible during an individual lifetime. However, in the past two centuries the global economy has shown exponential growth, transforming the character of the planet and especially of human life …
Mercy Lawyers, Anthony V. Alfieri
A Look Back On A Half-Century Of Teaching, Writing And Speaking About Criminal Law And Criminal Procedure, Yale Kamisar
A Look Back On A Half-Century Of Teaching, Writing And Speaking About Criminal Law And Criminal Procedure, Yale Kamisar
Articles
When I look back at my academic career, I realize that, as hard as I tried to plan things, various events often overrode my plans.
The Politics Of Infertility: Recognizing Coverage Exclusions As Discrimination, Elizabeth Pendo
The Politics Of Infertility: Recognizing Coverage Exclusions As Discrimination, Elizabeth Pendo
Articles
Infertility affects approximately ten percent of the reproductive-age population in the United States, and strikes people of every race, ethnicity and socio-economic level. It is recognized by the medical community as a disease, one with devastating physical, psychological, and financial effects. Nonetheless, comprehensive coverage of infertility treatments under employer-sponsored plans - where, like Jane, most Americans get health insurance - appears to be the exception rather than the rule. Can Jane sue for disability discrimination, sex discrimination, or both? While the answer - "it depends" - should not be surprising to anyone who has survived even a semester of law …