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Articles 2881 - 2910 of 3261
Full-Text Articles in Entire DC Network
How Not To Promote Serious Deliberation About Abortion, Michael W. Mcconnell
How Not To Promote Serious Deliberation About Abortion, Michael W. Mcconnell
Articles
No abstract provided.
Multiculturalism, Majoritarianism, And Educational Choice: What Does Our Constitutional Tradition Have To Say?, Michael W. Mcconnell
Multiculturalism, Majoritarianism, And Educational Choice: What Does Our Constitutional Tradition Have To Say?, Michael W. Mcconnell
Articles
No abstract provided.
The Failure Of Sentencing Guidelines: A Plea For Less Aggregation, Albert Alschuler
The Failure Of Sentencing Guidelines: A Plea For Less Aggregation, Albert Alschuler
Articles
No abstract provided.
The Strangest Attack Yet On Law And Economics, Richard A. Posner
The Strangest Attack Yet On Law And Economics, Richard A. Posner
Articles
Judge Posner responds in this Article to Professor Jaffee. He first addresses Professor Jaffee's attempt to refute Law and Economics within its own terms by reference to the concept of efficient breach of contract. Judge Posner argues that even if some of Professor Jaffee's criticisms are true-which he doubts-the "efficient breach" concept and the damages remedies that it implies still provide the preferred approach to breach of contract problems. He points out that specific performance-Professor Jaffee's preferred remedy for breach-raises problems of its own, including bilateral monopoly and a need for continued judicial supervision of contracts. Regarding the alternative vision …
Persuasion, Autonomy, And Freedom Of Expression, David A. Strauss
Persuasion, Autonomy, And Freedom Of Expression, David A. Strauss
Articles
No abstract provided.
Beyond Griswold: Foucauldian And Republican Approaches To Privacy, Stephen J. Schnably
Beyond Griswold: Foucauldian And Republican Approaches To Privacy, Stephen J. Schnably
Articles
No abstract provided.
The Lockett Paradox: Reconciling Guided Discretion And Unguided Mitigation In Capital Sentencing, Scott E. Sundby
The Lockett Paradox: Reconciling Guided Discretion And Unguided Mitigation In Capital Sentencing, Scott E. Sundby
Articles
No abstract provided.
Public Prosecution And Hydro-Engineering, Michael Tonry
Public Prosecution And Hydro-Engineering, Michael Tonry
Articles
There are inherent tensions between conceptions of public prosecutors as elected officials who respond to public intolerance of crime and criminals and as officers of the court who answer to normative injunctions of fairness and dispassion. Discussion of prosecutors' roles has progressed little beyond recognition of inherent tensions. There is no literature on prosecutorial strategies. The empirical literature on prosecutorial operations is scant.
A Reminiscence About The Uniform Marriage And Divorce Act - Some Reflections About Its Critics And Its Policies, Robert Levy
A Reminiscence About The Uniform Marriage And Divorce Act - Some Reflections About Its Critics And Its Policies, Robert Levy
Articles
No abstract provided.
Wills And Trusts: "The Kingdom Of The Fathers", Mary Louise Fellows
Wills And Trusts: "The Kingdom Of The Fathers", Mary Louise Fellows
Articles
The purpose of my talk today is to use doctrines in wills and trusts law as the yardstick with which to measure the Kingdom of the Fathers. I will show that wills and trusts law has always and 2 continues to operate to preserve and sustain their Kingdom.
The Transformation Of The Juvenile Court, Barry C. Feld
The Transformation Of The Juvenile Court, Barry C. Feld
Articles
Ideological changes in the cultural conception of children and in strategies of social control during the nineteenth century led to the creation of the juvenile court. At the dawn of the twentieth century, Progressive reformers applied the new theories of social control to the new ideas about childhood and created a social welfare alternative to criminal courts to treat criminal and noncriminal misconduct by youth.
Bfoq Revisited: Johnson Controls Halts The Expansion Of The Defense To Intentional Sex Discrimination, Stephen F. Befort
Bfoq Revisited: Johnson Controls Halts The Expansion Of The Defense To Intentional Sex Discrimination, Stephen F. Befort
Articles
The bona fide occupational qualification (BFOQ) is a statutory defense to intentional discrimination under Title VII. 1 The BFOQ defense permits an employer to adopt an otherwise facially discriminatory employment practice if "reasonably necessary to the normal operation of that particular business. . . ." 2 Both the courts and the Equal Employment Opportunity Commission (EEOC) have traditionally interpreted this defense very narrowly. A gender-based employment classification, for example, qualifies as a BFOQ only if the failure to adopt a single-sex policy undermines the employer's ability to accomplish its essential business mission. 3
Competitive Deregulation Of Financial Services Activity In Europe After 1992, Caroline Bradley
Competitive Deregulation Of Financial Services Activity In Europe After 1992, Caroline Bradley
Articles
No abstract provided.
1992: The Case Of Financial Services, Caroline Bradley
To Tell What We Know Or Wait For Godot?, Phoebe C. Ellsworth
To Tell What We Know Or Wait For Godot?, Phoebe C. Ellsworth
Articles
Professor Elliott raises two questions about the American Psychological Association's practice of submitting amicus briefs to the courts. First, are our data sufficiently valid, consistent, and generalizable to be applicable to the real world issues? Second, are amicus briefs adequate to communicate scientific findings? The first of these is not a general question, but must be addressed anew each time the Association considers a new issue. An evaluation of the quality and sufficiency of scientific knowledge about racial discrimination, for example, tells us nothing at all about the quality and sufficiency of scientific knowledge about sexual abuse. "Are the data …
Legal Images Of Battered Women: Redefining The Issue Of Separation, Martha R. Mahoney
Legal Images Of Battered Women: Redefining The Issue Of Separation, Martha R. Mahoney
Articles
No abstract provided.
In Search Of Family Value: Constructing A Framework For Jurisprudential Discourse, Steven H. Hobbs
In Search Of Family Value: Constructing A Framework For Jurisprudential Discourse, Steven H. Hobbs
Articles
No abstract provided.
Our Meanings Can Never Be The Same: Reflections On Language And Law, James Boyd White
Our Meanings Can Never Be The Same: Reflections On Language And Law, James Boyd White
Articles
For me it is a starting point in all thought about language that, whatever I say or do with words, my expression will never mean exactly the same thing to you that it does to me; and of course yours will never mean exactly the same thing to me that it does to you. It cannot: each act of expression is a gesture against a context; it derives its meaning largely. perhaps entirely, from its relation to that context; and for each of us the context of every gesture is different, if only because one of us is doing it, …
Getting To No: A Study Of Settlement Negotiations And The Selection Of Cases For Trial, Samuel R. Gross, Kent D. Syverud
Getting To No: A Study Of Settlement Negotiations And The Selection Of Cases For Trial, Samuel R. Gross, Kent D. Syverud
Articles
A trial is a failure. Although we celebrate it as the centerpiece of our system of justice, we know that trial is not only an uncommon method of resolving disputes, but a disfavored one. With some notable exceptions, lawyers, judges, and commentators agree that pretrial settlement is almost always cheaper, faster, and better than trial. Much of our civil procedure is justified by the desire to promote settlement and avoid trial. More important, the nature of our civil process drives parties to settle so as to avoid the costs, delays, and uncertainties of trial, and, in many cases, to agree …
Who Should Live-Or Die? Who Should Decide?, Yale Kamisar
Who Should Live-Or Die? Who Should Decide?, Yale Kamisar
Articles
TRIAL asked Professor Kamisar questions on legal and ethical issues surrounding the right to die, a subject attracting increasing interest across the country and around the world.
Hindsight And Causality, David Wasserman, Richard O. Lempert, Reid Hastie
Hindsight And Causality, David Wasserman, Richard O. Lempert, Reid Hastie
Articles
When people know how an event turned out, they are usually unable to reproduce the judgments they would have made without outcome knowledge. Furthermore, they are unaware of their inability to recapture their pre-outcome state of mind. This tendency to overestimate what they would have known without the outcome knowledge is called "hindsight." An experiment explored the moderating effects of the type of cause to which the outcome was attributed on the magnitude of the hindsight effect. When the outcome was attributed to unforeseeable "chance" factors, such as an unexpected storm or an earthquake, the hindsight effect was virtually eliminated. …
When Is There A Constitutional 'Right To Die'? When Is There No Constitutional 'Right To Live'?, Yale Kamisar
When Is There A Constitutional 'Right To Die'? When Is There No Constitutional 'Right To Live'?, Yale Kamisar
Articles
When I am invited to participate in conferences on the "right to die," I suspect that the organizers of such gatherings expect me to fill what might be called the " 'slippery slope' slot" on the program or, more generally, to articulate the "conservative" position on this controversial matter. These expectations are hardly surprising. The "right to die" is a euphemism for what almost everybody used to call a form of euthanasia-" passive" or "negative" or "indirect" euthanasia-and some thirty years ago, in the course of raising various objections to proposed euthanasia legislation, I advanced the "thin edge of the …
Character Impeachment Evidence: Psycho-Bayesian (!?) Analysis And A Proposed Overhaul, Richard D. Friedman
Character Impeachment Evidence: Psycho-Bayesian (!?) Analysis And A Proposed Overhaul, Richard D. Friedman
Articles
Typically, arguments for restricting character impeachment evidence are based in part on the premise that prior crimes, at least violent crimes, generally indicate little about a person's veracity. The argument advanced here against character impeachment of criminal defendants does not rely on that premise; in fact, it accepts the premise that prior antisocial behavior, even not involving dishonesty, often does indicate a good deal about a person's general truthtelling inclination. A careful analysis of the situation of the accused on the witness stand-rather than an easy assumption about irrelevance-leads to this Article's broad conclusion that character impeachment evidence of criminal …
Expert Evidence, Samuel R. Gross
Expert Evidence, Samuel R. Gross
Articles
It seems that the use of expert witnesses in common law courts has always been troublesome. In his Treatise on the Law of Evidence, first published in 1848, Judge John Pitt Taylor describes several classes of witnesses whose testimony should be viewed with caution, including: enslaved people (which accounts for "the lamentable neglect of truth, which is evinced by most of the nations of India, by the subjects of the Czar, and by many of the peasantry in Ireland"); women (because they are more susceptible to "an innate vain love of the marvelous"); and "foreigners and others ... living out …
Derrick Bell's Racial Realism: A Comment On White Optimism And Black Despair Commentary On Racial Realism, Richard Delgado
Derrick Bell's Racial Realism: A Comment On White Optimism And Black Despair Commentary On Racial Realism, Richard Delgado
Articles
No abstract provided.
Images Of The Outsider In American Law And Culture: Can Free Expression Remedy Systemic Social Ills, Richard Delgado, Jean Stefancic
Images Of The Outsider In American Law And Culture: Can Free Expression Remedy Systemic Social Ills, Richard Delgado, Jean Stefancic
Articles
No abstract provided.
Feminism Historicized: Medieval Misogynist Stereotypes In Contemporary Feminist Jurisprudence, Jeanne L. Schroeder
Feminism Historicized: Medieval Misogynist Stereotypes In Contemporary Feminist Jurisprudence, Jeanne L. Schroeder
Articles
The article argues that contemporary feminist theories are ahistorical and culturally narrow, often mirroring medieval misogynist stereotypes by assuming that late-twentieth-century, white, upper-middle-class American experiences represent universal truths about gender. By examining medieval canon law and societal norms, the analysis reveals that patriarchal structures have persisted across time, adapting to different cultural definitions of masculinity and femininity. The author advocates for a more historically and cross-culturally informed approach to jurisprudence and gender theory to avoid replicating past oppressions.
History's Challenge To Feminism, Jeanne L. Schroeder
Needed In The Nineties: Improved Individual And Structural Remedies For Racial And Sexual Disadvantages In Employment, Mary E. Becker
Needed In The Nineties: Improved Individual And Structural Remedies For Racial And Sexual Disadvantages In Employment, Mary E. Becker
Articles
No abstract provided.
Free Exercise Revisionism And The Smith Decision, Michael W. Mcconnell
Free Exercise Revisionism And The Smith Decision, Michael W. Mcconnell
Articles
No abstract provided.