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Articles 2641 - 2670 of 3261
Full-Text Articles in Entire DC Network
The Origin, Development, And Regulation Of Norms, Richard H. Mcadams
The Origin, Development, And Regulation Of Norms, Richard H. Mcadams
Articles
No abstract provided.
Comment: Accounting For Norms, Richard H. Mcadams
Constraint And Confession, Albert W. Alschuler
Abuse Excuse And Patriarchal Narratives, Mary E. Becker
Abuse Excuse And Patriarchal Narratives, Mary E. Becker
Articles
No abstract provided.
Altruism, Status, And Trust In The Law Of Gifts And Gratuitous Promises, Eric A. Posner
Altruism, Status, And Trust In The Law Of Gifts And Gratuitous Promises, Eric A. Posner
Articles
No abstract provided.
The Problematics Of Moral And Legal Theory, Richard A. Posner
The Problematics Of Moral And Legal Theory, Richard A. Posner
Articles
In these Holmes Lectures, delivered a century after the publication of Oliver Wendell Holmes's great essay The Path of the Law, Judge Posner argues for an essentially Holmesian conception of the proper relations among modern normative moral philosophy ("academic moralism"), morality, and law. Academic moralism, he argues, lacks either the intellectual cogency or the emotional power to change people's beliefs or behavior; the power to do so resides in "moral entrepreneurs," which academic moralists emphatically are not. Academic moralism's lack of cogency disqualifies it to guide judicial decisionmaking even - in fact, especially - in cases involving controversial moral issues, …
Rational Choice, Behavioral Economics, And The Law, Richard A. Posner
Rational Choice, Behavioral Economics, And The Law, Richard A. Posner
Articles
No abstract provided.
Rethinking Legal Realism: Toward A Naturalized Jurisprudence, Brian Leiter
Rethinking Legal Realism: Toward A Naturalized Jurisprudence, Brian Leiter
Articles
No abstract provided.
Conceptions Of Legal Theory: A Response To Ronald Dworkin, Richard A. Posner
Conceptions Of Legal Theory: A Response To Ronald Dworkin, Richard A. Posner
Articles
The editors have kindly invited Professor Sunstein and me to comment on Ronald Dworkin's article In Praise of Theory.' The article is critical of what Dworkin calls the "Chicago School" of "anti-theorists," 2 to which he has consigned both Sunstein and me despite the palpable differences between our views. I do not want to paper over those differences, but I do want to point out that Dworkin has committed the identical error in his criticisms of both of us, as well as mischaracterizing our views. That error is to announce a parochial definition of "theory," then define anyone who does …
The Association Of American Law Schools, Section On Mass Communications Law 1997 Annual Conference Panel: Sex, Violence, Children & The Media: Legal, Historical &Empirical; Perspectives, Lili Levi
Articles
No abstract provided.
How Law Constructs Preferences, Cass R. Sunstein
Which Risks First Rethinking Environmental Protection For The 21st Century, Cass R. Sunstein
Which Risks First Rethinking Environmental Protection For The 21st Century, Cass R. Sunstein
Articles
No abstract provided.
Behavioral Analysis Of Law, Cass R. Sunstein
Incommensurability, Welfare, Economics, And The Law, Richard Craswell
Incommensurability, Welfare, Economics, And The Law, Richard Craswell
Articles
No abstract provided.
Abolish The Juvenile Court: Youthfulness, Criminal Responsibility, And Sentencing Policy, Barry C. Feld
Abolish The Juvenile Court: Youthfulness, Criminal Responsibility, And Sentencing Policy, Barry C. Feld
Articles
The juvenile court system should be abolished and all juvenile offenders should be integrated into the traditional criminal court system. The offenders' age should be taken into account during sentencing. The juvenile court system is a failure because a criminal punishment system cannot also be a social welfare system.
Ethnicity, Crime, And Immigration, Michael Tonry
Minority Discounts, Fair Market Value, And The Culture Of Estate Taxation, William S. Blatt
Minority Discounts, Fair Market Value, And The Culture Of Estate Taxation, William S. Blatt
Articles
No abstract provided.
Family Businesses And The Business Of Families: A Consideration Of The Role Of The Lawyer Symposium - The Intersecting Institutions Of Marriage: Conflicts And Consequences, Steven H. Hobbs, Fay Wilson Hobbs
Family Businesses And The Business Of Families: A Consideration Of The Role Of The Lawyer Symposium - The Intersecting Institutions Of Marriage: Conflicts And Consequences, Steven H. Hobbs, Fay Wilson Hobbs
Articles
No abstract provided.
Gluttony, William I. Miller
Gluttony, William I. Miller
Articles
Gluttony does not have the grandeur of pride, the often brilliant strategic meanness of envy and avarice, the glory of wrath. It does manage to gain some small allure by its association with lust, its sexy sibling sin of the flesh. Yet there is something irrevocably unseemly about gluttony, vulgar and lowbrow, self-indulgent in a swinish way. Gluttony is not the stuff of tragedy or epic. Imagine Hamlet too fat to take revenge or Homer making his topic the gluttony of Achilles rather than his wrath. With gluttony, compare pride and anger, sins that mark the grand action of revenge, …
Confrontation And The Definition Of Chutzpa, Richard D. Friedman
Confrontation And The Definition Of Chutzpa, Richard D. Friedman
Articles
You may know the standard illustration of chutzpa - the man who kills both his parents and then begs the sentencing court to have mercy on an orphan. In this article, I discuss a case of chutzpa that is nearly as outlandish - the criminal defendant who, having rendered his victim unavailable to testify, contends that evidence of the victim's statement should not be admitted against him because to do so would violate his right to confront her. I contend that in a case like this the defendant should be deemed to have forfeited the confrontation right. On the same …
The Jury As Critic: An Empirical Look At How Capital Juries Perceive Expert And Lay Testimony, Scott E. Sundby
The Jury As Critic: An Empirical Look At How Capital Juries Perceive Expert And Lay Testimony, Scott E. Sundby
Articles
No abstract provided.
Defeating Environmental Law: The Geology Of Legal Advantage, William H. Rodgers, Jr.
Defeating Environmental Law: The Geology Of Legal Advantage, William H. Rodgers, Jr.
Articles
My talk today will: (1) introduce the metaphor of geology, (2) suggest to you that complexity has "gainers" as well as "losers," and (3) show you how environmental laws can be defeated by these twin engines of complexity and clever human adversaries.
[Third Annual Lloyd K. Garrison Lecture on Environmental Law.]
Ethics In The Age Of Entrepreneurship Symposium: Ethical Obligations And Liabilities Arising From Lawyers' Professional Associations, Steven H. Hobbs
Ethics In The Age Of Entrepreneurship Symposium: Ethical Obligations And Liabilities Arising From Lawyers' Professional Associations, Steven H. Hobbs
Articles
No abstract provided.
Black And White (Book Review), Anthony V. Alfieri
An Interdisciplinary Seminar In Child Abuse And Neglect With A Focus On Child Protection Practice, Suellyn Scarnecchia
An Interdisciplinary Seminar In Child Abuse And Neglect With A Focus On Child Protection Practice, Suellyn Scarnecchia
Articles
Given the myriad of professionals involved in protecting children from abuse and neglect, legal practice in the field of child protection requires an understanding of the various disciplines these professionals represent. Professor Scarnecchia argues that such an understanding is necessary in order for the attorney to serve as a zealous advocate for her client. In hopes of creating this understanding in students at the University of Michigan, an interdisciplinary seminar in child abuse and neglect has been created. Professor Scarnecchia details the substantive content of the seminar, discussing specific issues that arise in protecting children. She explains that by using …
Making International Refugee Law Relevant Again: A Proposal For Collectivized And Solution-Oriented Protection, James C. Hathaway, R. Alexander Neve
Making International Refugee Law Relevant Again: A Proposal For Collectivized And Solution-Oriented Protection, James C. Hathaway, R. Alexander Neve
Articles
International refugee law is in crisis. Even as armed conflict and human rights abuse continue to force individuals and groups to flee their home countries, many governments are withdrawing from the legal duty to provide refugees with the protection they require. While governments proclaim a willingness to assist refugees as a matter of political discretion or humanitarian goodwill, they appear committed to a pattern of defensive strategies designed to avoid international legal responsibility toward involuntary migrants. Some see this shift away from a legal paradigm of refugee protection as a source for enhanced operational flexibility in the face of changed …
Corporations, Criminal Law And The Color Of Money, Joseph Vining
Corporations, Criminal Law And The Color Of Money, Joseph Vining
Articles
This part of From Newton's Sleep, published by Princeton University Press in 1995 and in a paperback edition in early 1997, is reprinted by permission of the publisher. From Newton's Sleep is a book on the legal form of thought and its meaning for science and religion. It consists of some two hundred and fifty self-contained pieces arranged in eight sections. In its form, the book is much like and is meant to be much like the material with which lawyers routinely deal. Here, Law Quadrangle Notes excerpts a piece that touches on a subject of lively debate today, among …
The Arts Show Audience: Cultural Confidence And Middlebrow Arts Consumption, Brian O'Neill
The Arts Show Audience: Cultural Confidence And Middlebrow Arts Consumption, Brian O'Neill
Articles
The arts constitute a form of cultural consumption that has been relatively neglected in recent academic discourse in comparison to the burgeoning literature of cultural studies dedicated to popular and mass media forms of culture. This emphasis within cultural studies on popular genres over traditional forms of art, what has been labelled its ‘cultural populism’ (Mc Guigan, 1992), systematically emphasises common, ordinary taste and resistant aesthetic strategies while denigrating ‘high culture’ as an elitist, middle class leisure pursuit that has little relevance to most people (Willis, 1990). Going against this populist tide, this chapter argues that an examination of popular …
The Unsolved Problem Of The Unfunded Mandate, Edward A. Zelinsky
The Unsolved Problem Of The Unfunded Mandate, Edward A. Zelinsky
Articles
No abstract provided.
The Human Constitution And Constitutive Law: A Prolegomenon, John O. Mcginnis
The Human Constitution And Constitutive Law: A Prolegomenon, John O. Mcginnis
Articles
No abstract provided.