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Articles 2401 - 2430 of 3254
Full-Text Articles in Entire DC Network
Toward A Nonzero-Sum Approach To Resolving Global Intellectual Property Disputes: What Can We Learn From Mediators, Business Strategists, And International Relations Theorists, Peter K. Yu
Articles
All societies, communities, organizations, and interpersonal relationships experience conflict at one time or another in the process of dayto-day interaction. Conflict is not necessarily bad, abnormal, or dysfunctional; it is a fact of life. Conflict and disputes exist when people are engaged in competition to meet goals that are perceived to be, or actually are, incompatible. However, conflict may go beyond competitive behavior and acquire the additional purpose of inflicting physical or psychological damage on an opponent, even to the point of destruction. It is then that the negative and harmful dynamics of conflict exact their full costs.
Twenty-Five Years Later With Promises To Keep: Legal Education In Dispute Resolution And Training Of Mediators, Lela P. Love
Twenty-Five Years Later With Promises To Keep: Legal Education In Dispute Resolution And Training Of Mediators, Lela P. Love
Articles
No abstract provided.
Street Crime, Corporate Crime, And Theories Of Punishment: A Response To Brown, Kyron J. Huigens
Street Crime, Corporate Crime, And Theories Of Punishment: A Response To Brown, Kyron J. Huigens
Articles
In this response to Darryl Brown's important article, Street Crime, Corporate Crime, and the Contingency of Criminal Liability, Professor Huigens argues that Brown has chosen the wrong theory of punishment on which to rest his case for a more regulatory, less punitive, approach to street crime. Brown has chosen the best, most sophisticated consequentialist theory of punishment, as developed principally by Dan Kahan. However, consequentialist punishment theory of any kind has a significant drawback: it has no plausible conception of criminal fault. As a result, Brown is constrained to argue that the language of desert and retribution should be muted …
Symposium Introduction: Sharing Stories About Our Commitment To Teaching Ethics Symposium: Recommitting To Teaching Legal Ethics- Shaping Our Teaching In A Changing World, Steven H. Hobbs
Articles
No abstract provided.
Bridging The Gap Between International Law And Foreign Policymaking, Daniel H. Joyner
Bridging The Gap Between International Law And Foreign Policymaking, Daniel H. Joyner
Articles
No abstract provided.
Introduction To "Books", Margaret A. Leary
Introduction To "Books", Margaret A. Leary
Articles
It's well known that graduate William B. Cook's generosity provided the Law School with its trademark Gothic Law Quadrangle. It is less universally known that Cook endowed the Law School with a trust to support faculty research, and had a strong interest in the nature of that research. He chose to call the library building "Legal Research" and to inscribe above the main entrance "Learned and cultured lawyers are safeguards of the republic." Cook often said that the lack of "intellectual leadership 1s the greatest problem which faces America," and he wanted this Law School to provide that missing leadership. …
The Economic Analysis Of Evidence Law: Common Sense On Stilts, Richard O. Lempert
The Economic Analysis Of Evidence Law: Common Sense On Stilts, Richard O. Lempert
Articles
There was a time when the empire of Law was not overrun by economists. The economists had their own fiefdoms to be sure-there was the Duchy of Antitrust and the Kingdom of Regulatory Law-but the economists lived in peace within these borders, welcoming many unlike themselves into their midst, only gently proselytizing their students in the first few classes of a term, and swearing fealty to the law. It is true that a few marauders from beyond the borders saw the wealth of the empire and sought to colonize it, but even the most daring, Archbishop Coase and Duke Gary …
Evaluating The Sex Discrimination Argument For Lesbian And Gay Rights, Edward D. Stein
Evaluating The Sex Discrimination Argument For Lesbian And Gay Rights, Edward D. Stein
Articles
The sex discrimination argument for lesbian and gay rights analyzes laws that discriminate on the basis of sexual orientation in terms of sex discrimination. For example, sodomy laws that prohibit only same-sex sexual activities are analyzed as discriminating on the basis of sex because they prohibit women from doing something men are permitted to do, that is, have sex with women. This argument has been championed by some scholars and litigators, and it has persuaded some judges. Edward Stein shows that there are sociological, theoretical, moral, and practical problems facing the sex discrimination argument. He suggests that there are better …
College Students’ Perceptions Of The C-Print Speech-To-Text Transcription System, Lisa B. Elliot, Michael Stinson, Barbara G. Mckee, Victoria S. Everhart, Pamela J. Francis
College Students’ Perceptions Of The C-Print Speech-To-Text Transcription System, Lisa B. Elliot, Michael Stinson, Barbara G. Mckee, Victoria S. Everhart, Pamela J. Francis
Articles
C-Print is a real-time speech-to-text transcription system used as a support service with deaf students in mainstreamed classes. Questionnaires were administered to 36 college students in 32 courses in which the C-Print system was used in addition to interpreting and notetaking. Twenty-two of these students were also interviewed. Questionnaire items included student ratings of lecture comprehension. Student ratings indicated good comprehension with C-Print, and the mean rating was significantly higher than that for understanding of the interpreter. Students also rated the hard-copy printout provided by C-Print as helpful, and they reported that they used these notes more frequently than the …
Citizen Participation In Judicial Decision Making: Juries, Lay Judges And Japan, Richard O. Lempert
Citizen Participation In Judicial Decision Making: Juries, Lay Judges And Japan, Richard O. Lempert
Articles
In the late 1920s and 1930s Japan had a jury system. It was suspended in 1943 as a wartime measure, but it had fallen into desuetude long before that. Arguably it was like the Spanish jury, which has several times risen during periods of relative political liberalism or populism and been suppressed during periods of militarism and autocracy. That is, it may be more than a coincidence that use of the Japanese jury fell precipitously during the 1930s as militarism took hold of the Japanese nation. Now the reinstatement of the Japanese jury is again being seriously considered. Similarly it …
The Cash Balance Controversy Revisited: Age Discrimination And Fidelity To Statutory Text, Edward A. Zelinsky
The Cash Balance Controversy Revisited: Age Discrimination And Fidelity To Statutory Text, Edward A. Zelinsky
Articles
No abstract provided.
Is Cross-Testing A Mistake: Cash Balance Plans, New Comparability Formulas, And The Incoherence Of The Nondiscrimination Norm, Edward A. Zelinsky
Is Cross-Testing A Mistake: Cash Balance Plans, New Comparability Formulas, And The Incoherence Of The Nondiscrimination Norm, Edward A. Zelinsky
Articles
The increasing tendency of large employers to convert their traditional defined benefit pension plans to the cash balance format has engendered substantial controversy, both within the qualified plan community and among the general public. The rise of "new comparability" plans has yet to generate the same level of popular or political concern, perhaps because such plans have largely been embraced by smaller employers. However, among pension mavens, new comparability has occasioned strong supporters and equally firm detractors.
Piracy, Prejudice, And Perspectives: An Attempt To Use Shakespeare To Reconfigure The U.S.-China Intellectual Property Debate, Peter K. Yu
Articles
No abstract provided.
Law, Economics, And The Skeleton Of Value Fallacy, Kyron Huigens
Law, Economics, And The Skeleton Of Value Fallacy, Kyron Huigens
Articles
Experiments in the last decade or so have demonstrated persistent failures on the part of ordinary individuals rationally to pursue self-interest. The experiments pose serious challenges to economics, rational choice theory, and the law and economics school. Some experiments, for example, suggest an "endowment effect", that contradicts the Coase Theorem; the notion that, in the absence of transaction costs, goods will find their most efficient distribution regardless of their initial assignment. Cass Sunstein has collected a set of essays by economists and legal scholars exploring these challenges, in a volume entitled Behavioral Law and Economics.
Disintegration And Despair In The Early Fiction Of John Mcgahern, Eamon Maher
Disintegration And Despair In The Early Fiction Of John Mcgahern, Eamon Maher
Articles
No abstract provided.
Faith In Justice: Fiduciaries, Malpractice & Sexual Abuse By Clergy, Zanita E. Fenton
Faith In Justice: Fiduciaries, Malpractice & Sexual Abuse By Clergy, Zanita E. Fenton
Articles
No abstract provided.
A New Executive Order For Improving Federal Regulation - Deeper And Wider Cost-Benefit Analysis, Cass R. Sunstein, Robert W. Hahn
A New Executive Order For Improving Federal Regulation - Deeper And Wider Cost-Benefit Analysis, Cass R. Sunstein, Robert W. Hahn
Articles
For over two decades, federal agencies have been required to analyze the benefits and costs of significant regulatory actions and to show that the benefits justify the costs. But the regulatory state continues to suffer from significant problems, including poor priority-setting, unintended adverse side-effects, and, on occasion, high costs for low benefits. In many cases, agencies do not offer an adequate account of either costs or benefits, and hence the commitment to cost-benefit balancing is not implemented in practice. A major current task is to ensure a deeper and wider commitment to cost-benefit analysis, properly understood. We explain how this …
Conjunction And Aggregation, Saul Levmore
The Human Rights Of The Mentally Disabled: Can European Union Law Help?, Elizabeth Duquette
The Human Rights Of The Mentally Disabled: Can European Union Law Help?, Elizabeth Duquette
Articles
No abstract provided.
Law And The Emotions, Eric A. Posner
Legal Scholarship Today, Richard A. Posner
Clinical And Theoretical Approaches To The Teaching Of Evidence And Trial Advocacy, Richard A. Posner
Clinical And Theoretical Approaches To The Teaching Of Evidence And Trial Advocacy, Richard A. Posner
Articles
No abstract provided.
The Market For Federal Judicial Law Clerks, Richard A. Posner, Christopher Avery, Christine Jolls, Alvin E. Roth
The Market For Federal Judicial Law Clerks, Richard A. Posner, Christopher Avery, Christine Jolls, Alvin E. Roth
Articles
No abstract provided.
Signaling Discount Rates: Law, Norms, And Economic Methodology (Reviewing Eric A. Posner, Law And Social Norms (2000)), Richard H. Mcadams
Signaling Discount Rates: Law, Norms, And Economic Methodology (Reviewing Eric A. Posner, Law And Social Norms (2000)), Richard H. Mcadams
Articles
No abstract provided.
Peonage And Contractual Liberty, Aziz Huq
Naturalized Epistemology And The Law Of Evidence, Brian Leiter, Ronald J. Allen
Naturalized Epistemology And The Law Of Evidence, Brian Leiter, Ronald J. Allen
Articles
No abstract provided.
Comment On Lempert On Posner, Richard A. Posner
The Entrepreneurial Aptitude Of Prison Inmates And The Potential Benefit Of Self-Employment Training Programs, Matthew Sonfield, Robert Lussier, Robert Barbato
The Entrepreneurial Aptitude Of Prison Inmates And The Potential Benefit Of Self-Employment Training Programs, Matthew Sonfield, Robert Lussier, Robert Barbato
Articles
Using newly collected data, and building upon previous research, this study compared a sample of prison inmates with various other entrepreneurial and non-entrepreneurial groups with regard to entrepreneurial aptitude, as measured by the Miner MSCS-T test. Results show inmates scoring higher than "normative" entrepreneurs, "slow-growth" entrepreneurs and "manager-scentists," but lower than "high-growth" entrepreneurs. Also, inmates score the same regardless of type of crime, first-time versus repeat conviction, or enrollment or not in small business/self-employment training programs. The implications of these findings, including the potential benefits of post-prison self-employment and of training programs for inmates, are discussed.
Race Prosecutors, Race Defenders, Anthony V. Alfieri
Cost-Benefit Analysis And Relative Position, Cass R. Sunstein, Robert H. Frank
Cost-Benefit Analysis And Relative Position, Cass R. Sunstein, Robert H. Frank
Articles
Current estimates of regulatory benefits are too low and possibly far too low. This is because the standard economic approach to measuring costs and benefits, which attempts to estimate people's willingness to pay for various regulatory benefits, ignores a central point about valuation, thus producing numbers that systematically understate those benefits. Conventional estimates tell us the amount of income an individual, acting in isolation, would be willing to sacrifice in return for, say, an increase in safety on the job. But while these estimates are based on the implicit assumption that economic well-being depends only on absolute income, considerable evidence …