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Articles 2341 - 2370 of 3254
Full-Text Articles in Entire DC Network
Expert Information And Expert Evidence: A Preliminary Taxonomy, Samuel R. Gross, Jennifer L. Mnookin
Expert Information And Expert Evidence: A Preliminary Taxonomy, Samuel R. Gross, Jennifer L. Mnookin
Articles
Federal Rule of Evidence 702 speaks in very general terms. It governs every situation in which "scientific, technical or other specialized knowledge will assist the trier of fact," and provides that, in that situation, "a witness qualified as an expert by knowledge, skill, experience, or education, may testify thereto in the form of an opinion or otherwise . . . .' In 2000, following a trio of Supreme Court cases interpreting Rule 702, the Rule was amended to include a third requirement, in addition to the helpfulness of the testimony and the qualifications of the witness: reliability. Under Rule 702 …
What They Say At The End: Capital Victims' Families And The Press, Samuel R. Gross, Daniel J. Matheson
What They Say At The End: Capital Victims' Families And The Press, Samuel R. Gross, Daniel J. Matheson
Articles
Perhaps the most common complaint by American crime victims and their families is that they are ignored-by the police, by the prosecutors, by the courts and by the press. However true that may be for capital cases in general, there is at least one consistent exception: the great majority of newspaper accounts of executions include at least some description of the reactions of the victims' families and of any surviving victims. It seems to have become an item on the checklist, part of the "who, what, where, when, why, and how" of execution stories. When no family members are available, …
Eminent Domain Economics: Should ‘Just Compensation’ Be Abolished, And Would ‘Takings Insurance’ Work Instead?, Steve Calandrillo
Eminent Domain Economics: Should ‘Just Compensation’ Be Abolished, And Would ‘Takings Insurance’ Work Instead?, Steve Calandrillo
Articles
In a defeat for staunch property rights advocates, the Supreme Court ruled this spring that a prohibition on land development in the Tahoe basin did not amount to a de facto taking of land such that the constitutional mandate of just compensation was triggered. The Tahoe decision highlights the struggle in eminent domain jurisprudence over the proper treatment of so-called regulatory takings. It has long been taken for granted that when the government exercises its power of eminent domain to take private property in the name of the public good, it must reimburse displaced landowners. While compensation for physical takings …
Gender, Human Rights, And Peace Agreements, Christine M. Chinkin
Gender, Human Rights, And Peace Agreements, Christine M. Chinkin
Articles
I would first like to thank the organizers for the very great honor of being asked to present the annual Schwartz Lecture in 2002. It is especially apposite to discuss issues of international peace agreements in Ohio, not far from Dayton which is famous as the location of the process that brought an end to the war in Bosnia-Herzegovina. However this lecture is going to examine issues that were not explored at Dayton, that is, some relationships between gender, peace agreements, and international human rights. In addition, because the function of peace agreements in today's world has become the broader …
O Constitucionalismo Americano Confronta O Novo Paradigma Constitucional De Denninger, Michel Rosenfeld
O Constitucionalismo Americano Confronta O Novo Paradigma Constitucional De Denninger, Michel Rosenfeld
Articles
No abstract provided.
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.
Free Speech As Risk Analysis: Heuristics, Biases, And Institutions In The First Amendment, Paul Horwitz
Free Speech As Risk Analysis: Heuristics, Biases, And Institutions In The First Amendment, Paul Horwitz
Articles
What does behavioral analysis of law have to offer First Amendment doctrine This Article offers some tentative answers to that question A great deal of First Amendment law asks whether the risk of harm stemming from particular speech acts can justify the regulation of that speech We may in short think of First Amendment law as a species of risk analysis Looking at free speech issues through the lens of behavioral analysis of law may help us to better understand evaluate and improve the courts approach to recurring problems in the First Amendment This Article focuses on two such issues …
What Is And Is Not Pathological In Criminal Law, Kyron J. Huigens
What Is And Is Not Pathological In Criminal Law, Kyron J. Huigens
Articles
No abstract provided.
The Physician As A Conscientious Objector, J. David Bleich
The Physician As A Conscientious Objector, J. David Bleich
Articles
No abstract provided.
If Portia Were A Mediator: An Inquiry Into Justice In Mediation, Jonathan M. Hyman, Lela P. Love
If Portia Were A Mediator: An Inquiry Into Justice In Mediation, Jonathan M. Hyman, Lela P. Love
Articles
No abstract provided.
The Stumbling Block: Freedom, Rationality, And Legal Scholarship, Jeanne L. Schroeder
The Stumbling Block: Freedom, Rationality, And Legal Scholarship, Jeanne L. Schroeder
Articles
The article critiques the dominance of policy-oriented legal scholarship, particularly in law and economics, arguing that it oversimplifies human behavior by focusing on predictable, instrumental rationality. It advocates for a more balanced approach that incorporates jurisprudential, theoretical, and doctrinal scholarship, drawing on speculative theory from Continental philosophy and psychoanalysis to provide a richer understanding of rationality and human subjectivity. The author suggests that critical legal scholarship could be revitalized by engaging with thinkers like Kant, Hegel, and Lacan, who offer deeper insights into freedom, spontaneity, and the symbolic order.
Disability, Doctors And Dollars: Distinguishing The Three Faces Of Reasonable Accommodation, Elizabeth Pendo
Disability, Doctors And Dollars: Distinguishing The Three Faces Of Reasonable Accommodation, Elizabeth Pendo
Articles
Despite a decade of litigation, there is no consistent understanding of the reasonable accommodation requirement of Title I of the ADA. Indeed, there are three inconsistent distributive outcomes that appear to comport with the reasonable accommodation requirement: cost-shifting, cost-sharing, and cost avoidance.
One reason for such inconsistent outcomes is a failure to develop a coherent and consistent theory of disability. Because disability has been and continues to be medicalized, this Article takes a fresh look at the medical literature on health, illness, and disability. It recommends the use of the experiential health model over the currently accepted functional health model …
Marxism And The Continuing Irrelevance Of Normative Theory (Reviewing G. A. Cohen, If You're An Egalitarian, How Come You're So Rich? (2000)), Brian Leiter
Articles
No abstract provided.
How Underlying Patient Beliefs Can Affect Physician-Patient Communicaion About Prostate-Specific Antigen Testing, Michael H. Farrell, Margaret Ann Murphy, Carl E. Schneider
How Underlying Patient Beliefs Can Affect Physician-Patient Communicaion About Prostate-Specific Antigen Testing, Michael H. Farrell, Margaret Ann Murphy, Carl E. Schneider
Articles
Routine cancer screening with prostate-specific antigen (PSA) is controversial, and practice guidelines recommend that men be counseled about its risks and benefits. OBJECTIVE. To evaluate the process of decision making as men react to and use information after PSA counseling. DESIGN. Written surveys and semistructured qualitative interviews before and after a neutral PSA counseling intervention. PARTICIPANTS. Men 40 to 65 years of age in southeastern Michigan were recruited until thematic saturation—that is, the point at which no new themes emerged in interviews (n = 40). RESULTS. In a paper survey, 37 of 40 participants (93%) said that they interpreted the …
Reply To Martha Nussbaum And Ian Hacking, Edward D. Stein
Reply To Martha Nussbaum And Ian Hacking, Edward D. Stein
Articles
The essays by Martha Nussbaum and Ian Hacking both raise important issues about the some of the central themes of The Mismeasure of Desire and it is a pleasure and an honor to have such careful, significant and interdisciplinary thinkers engage my ideas. In this brief reply, I address some of their challenges.
Lost Souls In Search Of The Light : Two Novels Of François Mauriac, Eamon Maher
Lost Souls In Search Of The Light : Two Novels Of François Mauriac, Eamon Maher
Articles
Material reproduced by kind permission of Doctrine and Life
Homicide In Aretaic Terms, Kyron J. Huigens
A Survey Of Four Contemporary Sound Artists, Mark Garry
A Survey Of Four Contemporary Sound Artists, Mark Garry
Articles
No abstract provided.
The Perception Of Risk, Cass R. Sunstein
Recent Trends In Global And Irish Tourism, Kevin Griffin
Recent Trends In Global And Irish Tourism, Kevin Griffin
Articles
2001 will long be remembered as one of the most difficult years for tourism in Ireland. The outbreak of Food and Mouth disease in the first half of the year was seen as a major blow to the industry, with many businesses suffering from the resultant restrictions on travel. These problems were further increased by the global effects of the economic slow-down in the USA. As the sector began to recover and was shaping up for a healthy Autumn, the terrorist attacks of September 11 devastated the industry globally, with knock–on effects which are only now beginning to be assessed. …
Let 'The Fundamental Things Apply': Necessary And Contingent Truths In Legal Scholarship, Richard A. Epstein
Let 'The Fundamental Things Apply': Necessary And Contingent Truths In Legal Scholarship, Richard A. Epstein
Articles
No abstract provided.
Is Incoherence Outrageous?, Cass R. Sunstein, Daniel Kahneman, Ilana Ritov, David Schkade
Is Incoherence Outrageous?, Cass R. Sunstein, Daniel Kahneman, Ilana Ritov, David Schkade
Articles
No abstract provided.
Why They Hate Us: The Role Of Social Dynamics Law And The War On Terrorism, Cass R. Sunstein
Why They Hate Us: The Role Of Social Dynamics Law And The War On Terrorism, Cass R. Sunstein
Articles
No abstract provided.
Fear And The Regulatory Model Of Counterterrorism, Eric A. Posner
Fear And The Regulatory Model Of Counterterrorism, Eric A. Posner
Articles
No abstract provided.
Children's Associational Rights?: Why Less Is More, Emily Buss
Children's Associational Rights?: Why Less Is More, Emily Buss
Articles
No abstract provided.
Does Literature Work As Social Science? The Case Of George Orwell, Richard A. Epstein
Does Literature Work As Social Science? The Case Of George Orwell, Richard A. Epstein
Articles
No abstract provided.
Reconstructing Family: Constructive Trust At Relational Dissolution, Laura Weinrib
Reconstructing Family: Constructive Trust At Relational Dissolution, Laura Weinrib
Articles
No abstract provided.
From Cynicism To Positive Theory In Public Choice, Saul Levmore
From Cynicism To Positive Theory In Public Choice, Saul Levmore
Articles
No abstract provided.
Simlaw 2011, Randal C. Picker
The Signaling Model Of Social Norms: Further Thoughts, Eric A. Posner
The Signaling Model Of Social Norms: Further Thoughts, Eric A. Posner
Articles
No abstract provided.