Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

Articles

Discipline
Institution
Keyword
Publication Year
File Type

Articles 2971 - 3000 of 3261

Full-Text Articles in Entire DC Network

Trashing The German Advantage, John H. Langbein Jan 1988

Trashing The German Advantage, John H. Langbein

Articles

No abstract provided.


The Twentieth-Century Revolution In Family Wealth Transmission, John H. Langbein Jan 1988

The Twentieth-Century Revolution In Family Wealth Transmission, John H. Langbein

Articles

No abstract provided.


Psychiatric And Chemical Dependency Treatment Of Minors: The Myth Of Voluntary Treatment And The Capacity To Consent, Beverly Balos, Ira Schwartz Jan 1988

Psychiatric And Chemical Dependency Treatment Of Minors: The Myth Of Voluntary Treatment And The Capacity To Consent, Beverly Balos, Ira Schwartz

Articles

No abstract provided.


The Juvenile Court Meets The Principle Of Offense: Punishment, Treatment, And The Difference It Makes, Barry C. Feld Jan 1988

The Juvenile Court Meets The Principle Of Offense: Punishment, Treatment, And The Difference It Makes, Barry C. Feld

Articles

The United States Supreme Court's decision In re Gault 1 transformed the juvenile court into a very different institution than that envisioned by its Progressive creators. 2 Judicial and legislative efforts to harmonize the juvenile court with Gault's constitutional mandate have modified the purpose, process, and operation of the juvenile justice system. The Progressives envisioned a procedurally informal court with individualized, offender-oriented dispositional practices. The Supreme Court's due process decisions impose procedural formality on the juvenile court's traditional, individualized-treatment sentencing schemes. As the juvenile court system deviates from the Progressive ideal, it increasingly resembles, both procedurally and substantively, the adult …


Critical Legal Studies And The Realities Of Race-Does The Fundamental Contradiction Have A Corollary Responses To The Minority Critiques Of The Critical Legal Studies Movement, Richard Delgado Jan 1988

Critical Legal Studies And The Realities Of Race-Does The Fundamental Contradiction Have A Corollary Responses To The Minority Critiques Of The Critical Legal Studies Movement, Richard Delgado

Articles

No abstract provided.


From Appraisal To Emotion: Differences Among Unpleasant Feelings, Phoebe C. Ellsworth, Craig A. Smith Jan 1988

From Appraisal To Emotion: Differences Among Unpleasant Feelings, Phoebe C. Ellsworth, Craig A. Smith

Articles

Recent research has indicated strong relations between people's appraisals of their circumstances and their emotional states. The present study examined these relations across a range of unpleasant situations in which subjects experienced complex emotional blends. Subjects recalled unpleasant experiences from their pasts that were associated with particular appraisals and described their appraisals and emotions during these experiences. Situations defined by particular appraisals along the human agency or situational control dimensions were reliably associated with different levels of anger, sadness, and guilt, as predicted. However, predicted differences in emotion were not observed for situations selected for appraisals along the certainty or …


Rights Discourse And Neonatal Euthanasia, Carl E. Schneider Jan 1988

Rights Discourse And Neonatal Euthanasia, Carl E. Schneider

Articles

Hard cases, they say, make bad law. Hard cases, we know, can also make revealing law. Hard cases identify the problems we have not found a way of solving. They reveal ways the law's goals conflict. They force us to articulate our assumptions and to examine our modes of discourse and reasoning. If there was ever a hard case for the law, it is the question of whether, how, and by whom it should be decided to allow newborn children who are severely retarded mentally or severely damaged physically to die. For many years, the law has not had to …


Law And Literature: 'No Manifesto', James Boyd White Jan 1988

Law And Literature: 'No Manifesto', James Boyd White

Articles

With what hopes and expectations should a lawyer turn to the reading of imaginative literature? To books and articles that purport to connect that literature in some way with the law? In particular, is "law and literature" -to which this Symposium is directed-to be thought of as an academic "field" like law and psychiatry, say, or law and economics? If so, what can it purport to teach us? If not, how is it to be thought of?


Promise Fulfilled And Principle Betrayed, James J. White Jan 1988

Promise Fulfilled And Principle Betrayed, James J. White

Articles

My responsibility in this paper is to address three questions. (1) How has the legal realist body of thought affected contract law and its application? (2) How will contract law and its application be affected in the future by realist thinking? (3) If the realist viewpoint were fully accepted, what kind of system would result and how would contract law be affected? Because my focus is upon a principal legislative monument to realism, Article Two of the Uniform Commercial Code (the "U.C.C."), and upon its drafter, Karl Llewellyn, I will not answer any of the three questions explicitly. By focusing …


Andrew Walkover, Terrance Sandalow Jan 1988

Andrew Walkover, Terrance Sandalow

Articles

One of the pleasures of teaching, less frequently experienced than most of us care to admit, is the sense that one has made a contribution to a student's intellectual development. Another, even rarer, is the experience of encountering a student who contributes to one's own intellectual development. Andy was, for me, a source of both kinds of pleasure, though I am more confident that I am justified in the latter than in the former.


Prevention Of Antiunion Discrimination In The United States, Theodore J. St. Antoine Jan 1988

Prevention Of Antiunion Discrimination In The United States, Theodore J. St. Antoine

Articles

Nearly all rank-and-file employees in private businesses of any substantial size in the United States are protected by federal law against antiunion discrimination. The Railway Labor Act applies to the railroad and airline industries. The National Labor Relations Act (NLRA) applies to all other businesses whose operations "affect [interstate] commerce" in almost any way. Supervisory and managerial personnel, domestic servants, and agricultural workers are excluded from this federal scheme. Separate federal law covers the employees of the federal government. About thirty of the fifty states have statutes ensuring the right to organize on the part of some or most of …


A Seed Germinates: Unjust Discharge Reform Heads Toward Full Flower, Theodore J. St. Antoine Jan 1988

A Seed Germinates: Unjust Discharge Reform Heads Toward Full Flower, Theodore J. St. Antoine

Articles

In this paper, I shall briefly review the nature and limitations of the theories most frequently invoked by the courts in dealing with wrongful dismissal. I shall then examine the major arguments for and against a general overhaul of the doctrine of employment at will. Lastly, I shall discuss some of the particular questions that will have to be addressed in fashioning a statutory solution.


Adr And The Dispossessed: Recent Books About The Deformalization Movement Symposium On Informal Dispute Resolution, Richard Delgado Jan 1988

Adr And The Dispossessed: Recent Books About The Deformalization Movement Symposium On Informal Dispute Resolution, Richard Delgado

Articles

No abstract provided.


Proprietary Rights And The Norms Of Science In Biotechnology Research, Rebecca S. Eisenberg Dec 1987

Proprietary Rights And The Norms Of Science In Biotechnology Research, Rebecca S. Eisenberg

Articles

As basic research in biotechnology yields increasing commercial applications, scientists and their research sponsors have become more eager to protect the commercial value of research discoveries through intellectual property law. Some scientists fear that these commercial incentives will weaken or even undermine the norms that have traditionally governed scientific research. In this Article, Professor Eisenberg examines the interaction of proprietary rights in inventions with these traditional scientific norms. Trade secrecy, she argues, is an undesirable strategy for protection of basic research discoveries because it impedes dissemination of new knowledge to the scientific community. She finds that patent law is in …


Law And Enchantment: The Place Of Belief, Joseph Vining Dec 1987

Law And Enchantment: The Place Of Belief, Joseph Vining

Articles

The question I wish to raise is whether one must believe what one says when one makes a statement of law. The language of belief that we know, and from which moral discourse and the moral never stray far: do judges, lawyers, law participate in it? Any such question is but an aspect of a larger question, indeed issue, of what we may call the objectivity of legal language. It is raised perhaps most acutely by the broad claims now being made for artificial intelligence and in particular for the computer programming of legal advice (as a species of what …


The American Advantage: The Value Of Inefficient Litigation, Samuel R. Gross Feb 1987

The American Advantage: The Value Of Inefficient Litigation, Samuel R. Gross

Articles

In a recent article, The German Advantage in Civil Procedure,1 Professor John Langbein claims that the German system of civil litigation is superior to the American; in an earlier article he makes a parallel claim about German criminal procedure.2 Roughly, Professor Langbein argues that by comparison to the German process, American litigation is overly complex, expensive, slow, and unpredictable - in short, inefficient.3 Professor Langbein is not the first and will not be the last to criticize American legal institutions in these terms, but he expresses this criticism particularly well: he is concise and concrete, he describes American practice by …


How To Argue About Health Care, Don Herzog Feb 1987

How To Argue About Health Care, Don Herzog

Articles

Despite the aggressive title of this article, my goals are modest. I begin by explaining briefly what should at any rate be obvious: that health care policies inescapably raise moral and political difficulties, difficulties that no technical fix could resolve. I move on to puzzle over the connections between some of the more abstract issues of moral and political theory and medical policy: here I urge that we develop a more sustained taste for exploring the moral conflicts embedded in our current practices. Finally, I suggest a strategy for making nitty-gritty facts-from the concrete world of third-party payment, expensive technology, …


The Decline Of Law As An Autonomous Discipline: 1962-1987, Richard A. Posner Jan 1987

The Decline Of Law As An Autonomous Discipline: 1962-1987, Richard A. Posner

Articles

No abstract provided.


Preventive Pretrial Detention And The Failure Of Interest-Balancing Approaches To Due Process, Albert W. Alschuler Jan 1987

Preventive Pretrial Detention And The Failure Of Interest-Balancing Approaches To Due Process, Albert W. Alschuler

Articles

No abstract provided.


Legal Liability For Medical Innovation, Richard A. Epstein Jan 1987

Legal Liability For Medical Innovation, Richard A. Epstein

Articles

No abstract provided.


The Efficiency And The Efficacy Of Title Vii, Richard A. Posner Jan 1987

The Efficiency And The Efficacy Of Title Vii, Richard A. Posner

Articles

No abstract provided.


The Regulation Of The Market In Adoptions, Richard A. Posner Jan 1987

The Regulation Of The Market In Adoptions, Richard A. Posner

Articles

No abstract provided.


A Jury Hoax: The Superpower Of The Opening Statement, Hans Zeisel Jan 1987

A Jury Hoax: The Superpower Of The Opening Statement, Hans Zeisel

Articles

No abstract provided.


The Juvenile Court Meets The Principle Of The Offense: Legislative Changes In Juvenile Waiver Statutes, Barry C. Feld Jan 1987

The Juvenile Court Meets The Principle Of The Offense: Legislative Changes In Juvenile Waiver Statutes, Barry C. Feld

Articles

At its inception the juvenile court was characterized by procedural informality and individualized, offender-oriented dispositions. Subsequent to the U.S. Supreme Court's 'Gault' decision, which mandated procedural safeguards in the adjudication of delinquency, juvenile court procedures became more formal in the interest of protecting the rights of juveniles, but individualized, offender-oriented dispositions were preserved. The inability of proponents of juvenile rehabilitation to demonstrate the effectiveness of parens patriae intervention, however, has led an increasing number of States to incorporate 'just deserts' sentencing principles in their juvenile justice systems. This emphasis is evidenced in the waiver of juvenile offenders for criminal prosecution …


The Antinomies Of Poverty Law And A Theory Of Dialogic Empowerment, Anthony V. Alfieri Jan 1987

The Antinomies Of Poverty Law And A Theory Of Dialogic Empowerment, Anthony V. Alfieri

Articles

No abstract provided.


In Defense Of Administrative Agency Autonomy, A. Michael Froomkin Jan 1987

In Defense Of Administrative Agency Autonomy, A. Michael Froomkin

Articles

No abstract provided.


Shared Privacy And The Fourth Amendment, Or The Rights Of Relationships, Mary I. Coombs Jan 1987

Shared Privacy And The Fourth Amendment, Or The Rights Of Relationships, Mary I. Coombs

Articles

No abstract provided.


The Twilight Of Employment At Will? An Update, Theodore J. St. Antoine Jan 1987

The Twilight Of Employment At Will? An Update, Theodore J. St. Antoine

Articles

A 55-year-old white male, who has spent thirty years working his way up to a responsible middle-management position in his company, is asked for his resignation. No reason given. Even though the employee could demonstrate that he still is qualified to perform his duties, the employer's action in dismissing him would be quite unexceptionable under the conventional American common law doctrine of employment at will. The situation could be even more disturbing. If the employment-at-will principle were allowed its full scope, an employee would have no recourse even if he knew he was being discharged because he had refused to …


Intellectual Integration, James Boyd White Jan 1987

Intellectual Integration, James Boyd White

Articles

In this paper, I want to talk about the activity of intellectual integration itself: about what it can mean to integrate-to put together in a complex whole-aspects of our culture, or of the world, that seem to us disparate or unconnected; and what it can mean in so doing to integrate-to bring together in interactive life-aspects of our own minds and beings that we normally separate or divide from each other: I want to think of integration, that is-and of its opposite, disintegration-as taking place on two planes of existence at once, the cultural and the individual. For what is …


Philosophy In Bankruptcy, David G. Carlson Jan 1987

Philosophy In Bankruptcy, David G. Carlson

Articles

The article critically examines Jackson's theories on bankruptcy law, arguing that his "creditor's bargain" model is logically inconsistent and lacks empirical support. It highlights flaws in his assumptions of creditor equality and the justification for bankruptcy discharge, ultimately concluding that his work is ad hoc and unverifiable.