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Articles 2911 - 2940 of 3261
Full-Text Articles in Entire DC Network
Success And The Judicial Power, Frank H. Easterbrook
The Paradox Of Civil Rights, Richard A. Epstein
What Has Pragmatism To Offer Law?, Richard A. Posner
Bork And Beethoven, Richard A. Posner
Just Compensation And Just Politics, Saul Levmore
Presence/Absence Of An Observer In A Word Association Test, Morton Isaacs, Kathleen Chen
Presence/Absence Of An Observer In A Word Association Test, Morton Isaacs, Kathleen Chen
Articles
Forty-eight subjects (24 men, 24 women) responded to 20 word stimuli presented by a microcomputer program that recorded each subject's response latency and response to each stimulus word. Emotionality of stimulus word and presence/absence of an observer were independently varied. Two-way analysis of variance (ANOVA) showed significant difference in latencies attributable to the emotionality of the stimulus word, whereas neither the presence/absence of the observer nor the interaction effect was significant. The results suggest the possible use of latency analysis as a tool in situations where an objective, statistical, and easily obtainable evaluative measurement of the level of emotionality of …
The Third Best Choice: An Essay On Law And History, Theodore Y. Blumoff
The Third Best Choice: An Essay On Law And History, Theodore Y. Blumoff
Articles
The thesis of this Essay is that our use of history is as essential and unavoidable as conclusive answers are irretrievable. Irretrievability exists whether the historical reality sought results from a survey of traditional historical materials in an effort to recapture original understanding, or from a common-law effort to discover the Court's own history of an issue. In either case, however, the need to attempt to recover historical truths is perceived as essential. I subscribe, for the most part, to the contextualist premise that we cannot recover sufficient historical data on issues that matter to make history determinate in the …
Republicanism And The Preference Problem, Cass R. Sunstein
Republicanism And The Preference Problem, Cass R. Sunstein
Articles
No abstract provided.
Just Deserts For Juveniles: Punishment V. Treatment And The Difference It Makes, Barry Feld
Just Deserts For Juveniles: Punishment V. Treatment And The Difference It Makes, Barry Feld
Articles
No abstract provided.
The Politics Of Clinical Knowledge, Anthony V. Alfieri
John Payne's Dream: A Brief History Of The University Of Alabama - School Of Law Library, 1887-1980, With Emphasis Upon Collection-Building, Paul M. Pruitt Jr., Penny Calhoun Gibson
John Payne's Dream: A Brief History Of The University Of Alabama - School Of Law Library, 1887-1980, With Emphasis Upon Collection-Building, Paul M. Pruitt Jr., Penny Calhoun Gibson
Articles
No abstract provided.
Some Implications Of Cognitive Psychology For Risk Regulation, Roger G. Noll, James E. Krier
Some Implications Of Cognitive Psychology For Risk Regulation, Roger G. Noll, James E. Krier
Articles
Beginning with a set of books and articles published in the 1950s, cognitive psychologists have developed a new descriptive theory of how people make decisions under conditions of risk and uncertainty. A dominant theme in the theory is that most people do not evaluate risky circumstances in the manner assumed by conventional decision theory-they do not, that is, seek to maximize the expected value of some function when selecting among actions with uncertain outcomes. The purpose of this article is to consider some implications of the cognitive theory for regulatory policies designed to control risks to life, health, and the …
Afterword To Chicago-Kent Law Review, Theodore J. St. Antoine
Afterword To Chicago-Kent Law Review, Theodore J. St. Antoine
Articles
A unifying theme of this Symposium is as old and enduring as the common law: when and how can a well-established, successful adjudicative institution be adapted to meet the demands of new and substantially different situations? There have been splendid triumphs of transference, such as Lord Mansfield's appropriation of the law merchant in the eighteenth century as a major building block of modem commercial law. There have also been embarrassing failures, like the abortive effort to transport American labor law concepts en masse into the alien British environment of the early 1970s. The common question confronting the participants in this …
Risk And Design, James E. Krier
Risk And Design, James E. Krier
Articles
Risk springs from uncertainty,' uncertainty invites error, and, since error can be costly, we would prefer to avoid it (provided, of course, that avoidance is not more costly yet). While there is much in the Noll and Krier article2 about judgmental error under conditions of risk and uncertainty, there is little about ways to avoid it. So avoidance-more accurately, minimization-of error costs is the topic I want to address very briefly and partially here.
Non-Sexist Teaching Techniques In Substantive Law Courses, Mary I. Coombs
Non-Sexist Teaching Techniques In Substantive Law Courses, Mary I. Coombs
Articles
No abstract provided.
Justifying The Judge's Hunch: An Essay On Discretion, Charles M. Yablon
Justifying The Judge's Hunch: An Essay On Discretion, Charles M. Yablon
Articles
The article explores the interplay between jurisprudential and procedural perspectives on judicial discretion, arguing that these two discourses—often treated as distinct—offer valuable insights into each other. It examines how different models of discretion (skill, expediency, and creativity) operate within institutional frameworks, emphasizing the normative assumptions underlying their justifications. The analysis highlights the tension between rule-bound decision-making and the practical realities of judicial discretion, particularly in sentencing and appellate review.
Norms And Normal Science: Toward A Critique Of Normativity In Legal Thought, Richard Delgado
Norms And Normal Science: Toward A Critique Of Normativity In Legal Thought, Richard Delgado
Articles
No abstract provided.
When A Story Is Just A Story: Does Voice Really Matter, Richard Delgado
When A Story Is Just A Story: Does Voice Really Matter, Richard Delgado
Articles
No abstract provided.
Stalking The Squeeze: Understanding Commodities Market Manipulation, Richard D. Friedman
Stalking The Squeeze: Understanding Commodities Market Manipulation, Richard D. Friedman
Articles
This article addresses the perplexing and important problem of how to distinguish valid, large-scale trading activity from a squeeze. Part I analyzes and reformulates what I will call the price-impact test, according to which manipulation is conduct motivated by its impact on price. This test, I contend, states a necessary but not sufficient condition for characterizing conduct as a squeeze. Part II offers a substantially different test, which I call the modified-sanctions approach. Under this approach, the price-impact test is used as a preliminary safe-harbor standard. The modified-sanctions approach goes further, however, recognizing that the essence of a squeeze is …
Risk, Courts, And Agencies, Clayton P. Gillette, James E. Krier
Risk, Courts, And Agencies, Clayton P. Gillette, James E. Krier
Articles
Public risks are precisely the risks that have recently captured the attention of the legal community and the world at large, in no small part because they give rise to such novel problems for lawyers and such grave apprehensions among lay people. Public risks have moved the legal system to relax doctrines--regarding, for example, standards of causation and culpability, burdens of proof, sharing of liability--that were designed to deal with the private risks that once dominated the landscape. And public risks have moved lay people to intensify their demands for risk control measures. These developments suggest that public risks are …
Gideon V. Wainwright A Quarter-Century Later, Yale Kamisar
Gideon V. Wainwright A Quarter-Century Later, Yale Kamisar
Articles
In a brief working paper sent to all conference participants, Professor Burt Neuborne suggested that we might consider several themes, among them "Gideon Celebrated," "Gideon Fulfilled," and "Gideon Betrayed." I think these are useful headings.
Gender And Race Bias Against Lawyers: A Classroom Response, Suellyn Scarnecchia
Gender And Race Bias Against Lawyers: A Classroom Response, Suellyn Scarnecchia
Articles
In reviewing other clinicians' approaches to teaching about bias, I identified problems that eventually led me to design a two-hour class session on bias against lawyers. The following is a review of a few other teaching methods and a description of my own approach, detailing its own strengths and weaknesses. This is not an exhaustive review of all possible approaches to bias. It is offered to promote classroom discussion of bias against lawyers and to invite the development of innovative alternatives to my approach.
Entering With A Vengeance: Posner On Law And Literature, Richard H. Weisberg
Entering With A Vengeance: Posner On Law And Literature, Richard H. Weisberg
Articles
The article critiques Richard A. Posner's book Law and Literature: A Misunderstood Relation, arguing that while it offers a comprehensive analysis of law-related literature, it reflects Posner's authoritarian bias and dismisses literature's critical potential to challenge legal authority. Posner's approach is seen as overly deductive and dismissive of literary insights that question legal power structures.
The First Amendment And Cognition: A Response, Cass R. Sunstein
The First Amendment And Cognition: A Response, Cass R. Sunstein
Articles
No abstract provided.
An Economic Analysis Of Sex Discrimination Laws, Richard A. Posner
An Economic Analysis Of Sex Discrimination Laws, Richard A. Posner
Articles
No abstract provided.
Obscuring The Struggle: Sex Discrimination, Social Security, And Stone, Seidman, Sunstein & Tushnet's Constitutional Law Commentary, Mary E. Becker
Obscuring The Struggle: Sex Discrimination, Social Security, And Stone, Seidman, Sunstein & Tushnet's Constitutional Law Commentary, Mary E. Becker
Articles
No abstract provided.
Efficient Capital Markets The Crash And The Fraud On The Market Theory, Daniel R. Fischel
Efficient Capital Markets The Crash And The Fraud On The Market Theory, Daniel R. Fischel
Articles
No abstract provided.
The Constitution As Architecture: Legislative And Administrative Courts Under Article Iii, Paul M. Bator
The Constitution As Architecture: Legislative And Administrative Courts Under Article Iii, Paul M. Bator
Articles
No abstract provided.
Justice Across The Generations, Richard A. Epstein
Conservative Feminism, Richard A. Posner