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Articles 3001 - 3030 of 3261
Full-Text Articles in Entire DC Network
Facilitative Ethics In Divorce Mediation: A Law And Process Approach, Steven H. Hobbs
Facilitative Ethics In Divorce Mediation: A Law And Process Approach, Steven H. Hobbs
Articles
No abstract provided.
Thinking About Our Language, James Boyd White
Thinking About Our Language, James Boyd White
Articles
Except for one meeting, which I will describe below, I knew Bob Cover only through his writings. This circumstance was of course a disappointment to me, for our interests were similar, and his death now makes the loss irreparable. But perhaps this is less of a limitation than would normally be the case, for as much as anyone in the law Bob was, and is, actively present in his writing, both as a person and as a mind.-But that dichotomy of person and mind gets it wrong, for what I would like to catch is a sense of fusion or …
Economics And Law: Two Cultures In Tension, James Boyd White
Economics And Law: Two Cultures In Tension, James Boyd White
Articles
I want to preface my remarks by saying something about the kind of talk this is going to be. As my title says, I shall speak mainly about economics and law, which I shall examine as forms of thought and life, or what I shall call cultures. With law, about which in fact I shall speak rather briefly, I am naturally familiar by training and experience. But with economics I am familiar only as an observer as a general reader who reads the newspaper, as a lawyer who has followed a little of the law and economics literature, and as …
Loss Of Innocence: Eyewitness Identification And Proof Of Guilt, Samuel R. Gross
Loss Of Innocence: Eyewitness Identification And Proof Of Guilt, Samuel R. Gross
Articles
It is no news that eyewitness identification in criminal cases is a problem; it is an old and famous problem. Judges and lawyers have long known that the identification of strangers is a chancy matter, and nearly a century of psychological research has confirmed this skeptical view. In 1967 the Supreme Court attempted to mitigate the problem by regulating the use of eyewitness identification evidence in criminal trials; since then it has retreated part way from that effort. Legal scholars have written a small library of books and articles on this problem, the courts' response to it, and various proposed …
Edward L. Barrett, Jr.: The Critic With 'That Quality Of Judiciousness Demanded Of The Court Itself', Yale Kamisar
Edward L. Barrett, Jr.: The Critic With 'That Quality Of Judiciousness Demanded Of The Court Itself', Yale Kamisar
Articles
Barrett was as talented and as dedicated a law teacher as any of his distinguished (or soon-to-become-distinguished) contemporaries. But Barrett resisted the movement toward new rights in fields where none had existed before. At least, he was quite uneasy about the trend. To be sure, others in law teaching shared Barrett's concern that the clock was spinning too fast. Indeed, some others were quite vociferous about it.' But because his criticism was cerebral rather than emotional - because he fairly stated and fully explored the arguments urging the courts to increase their tempo in developing constitutional rights - Barrett was …
Siamese Essays: (I) Cts Corp. V. Dynamics Corp. Of America And Dormant Commerce Clause Doctrine; (Ii) Extraterritorial State Legislation, Donald H. Regan
Siamese Essays: (I) Cts Corp. V. Dynamics Corp. Of America And Dormant Commerce Clause Doctrine; (Ii) Extraterritorial State Legislation, Donald H. Regan
Articles
What follows is two essays, related as Siamese twins. Both essays developed from a single conception. They are distinct, but they remain connected by a shared subtopic. The first essay is about CTS Corp. v. Dynamics Corp. of America1 as a contribution to dormant commerce clause doctrine. The second essay is about the constitutional principle that states may not legislate extraterritorially, which I shall refer to as the "extraterritoriality principle." The shared subtopic is the extraterritoriality problem in CTS. (There is an extraterritoriality problem in CTS, even though the Court does not discuss it in those terms.) I could have …
The Ethereal Scholar: Does Critical Legal Studies Have What Minorities Want Minority Critiques Of The Critical Legal Studies Movement, Richard Delgado
The Ethereal Scholar: Does Critical Legal Studies Have What Minorities Want Minority Critiques Of The Critical Legal Studies Movement, Richard Delgado
Articles
No abstract provided.
Guerilla Decisionmaking: Judicial Review Of Risk Assessments, William H. Rodgers, Jr.
Guerilla Decisionmaking: Judicial Review Of Risk Assessments, William H. Rodgers, Jr.
Articles
This paper describes four types of uncertainty confronted by decisionmakers undertaking risk assessments. It then discusses individual and institutional responses to uncertainty; these include both formal attempts to acquire more information, and pragmatic efforts to isolate and act upon salient considerations. The tendency of decisionmakers to narrow the agenda and search for a decisive datum or metaphor is called guerilla decisionmaking. Courts oversee agency decisions by techniques known widely in the legal community as the hard-look doctrine. This doctrine is defined, and the case law is used to illustrate how courts insist upon identification of salient risk-assessment factors and the …
Law And Metaphysics, Charles M. Yablon
Arguing About Rights, Charles M. Yablon
Neighbors In American Land Law, Stewart E. Sterk
Neighbors In American Land Law, Stewart E. Sterk
Articles
The article critiques the foundational principle of land law known as the "geometric-box allocation," which assumes landowners have absolute control over their property within defined boundaries. While this model provides clarity and facilitates private bargaining, the analysis argues that it often fails to account for externalities, social norms, and bilateral monopoly situations, leading to inefficiencies. The author challenges the assumption that private bargaining will always produce efficient results, particularly in low-transaction-cost scenarios, and highlights the limitations of using intent as a justification for cross-boundary allocations. The article ultimately suggests that land law doctrine reflects and reinforces both individualist and non-individualist …
Some Questions For Republicans, Don Herzog
Some Questions For Republicans, Don Herzog
Articles
Even a sleepy historiographer of political theory of some future day will notice the most dramatic revision of the last 25 years or so. I refer of course to the discovery-and celebration-of civic humanism. The devilish Machiavelli of Elizabethan times has been gently set aside for "the divine Machiavel," the one who writes, "I love my native city more than my soul." And historians of political thought have lovingly traced the transmission of civic humanism from Florence to England and America, giving us a brand new past. America, we now know, was not the unthinkingly Lockean land served up by …
The New Evidence Scholarship: Analyzing The Process Of Proof, Richard O. Lempert
The New Evidence Scholarship: Analyzing The Process Of Proof, Richard O. Lempert
Articles
When I began teaching evidence seventeen years ago, the field was moribund. The great systematizers of the common law-Wigmore, Maguire, McCormick, Morgan and their ilk-had come and, if they had not all already gone, their work was largely finished. Not only was most of what passed for evidence scholarship barely worth the reading-the same, after all, could be said of many fields of law at most times-but disregarding student work, few scholars were writing regularly on evidentiary matters.
From Muller V. Oregon To Fetal Vulnerability Policies, Mary E. Becker
From Muller V. Oregon To Fetal Vulnerability Policies, Mary E. Becker
Articles
No abstract provided.
Waiting For Rescue: An Essay On The Evolution And Incentive Structure Of The Law Of Affirmative Obligations, Saul Levmore
Waiting For Rescue: An Essay On The Evolution And Incentive Structure Of The Law Of Affirmative Obligations, Saul Levmore
Articles
No abstract provided.
Failed Pragmatism: Reflections On The Burger Court Commentaries, Albert W. Alschuler
Failed Pragmatism: Reflections On The Burger Court Commentaries, Albert W. Alschuler
Articles
No abstract provided.
Why Be Tolerant? (Reviewing Lee C. Bollinger, The Tolerant Society: Freedom Of Speech And Extremist Speech In America (1986)), David A. Strauss
Why Be Tolerant? (Reviewing Lee C. Bollinger, The Tolerant Society: Freedom Of Speech And Extremist Speech In America (1986)), David A. Strauss
Articles
No abstract provided.
Barriers Facing Women In The Wage-Labor Market And The Need For Additional Remedies: A Reply To Fischel And Lazear, Mary E. Becker
Barriers Facing Women In The Wage-Labor Market And The Need For Additional Remedies: A Reply To Fischel And Lazear, Mary E. Becker
Articles
No abstract provided.
Regulation Of Informed Consent To Human Experimentation, Maria Woltjen
Regulation Of Informed Consent To Human Experimentation, Maria Woltjen
Articles
No abstract provided.
Law-The Last Of The Universal Disciplines, Soia Mentschikoff, Irwin P. Stotzky
Law-The Last Of The Universal Disciplines, Soia Mentschikoff, Irwin P. Stotzky
Articles
No abstract provided.
Legal Interference With Private Preferences, Cass R. Sunstein
Legal Interference With Private Preferences, Cass R. Sunstein
Articles
No abstract provided.
Pornography And The First Amendment, Cass R. Sunstein
Pornography: Social Science, Legal, And Clinical Perspectives, Cass R. Sunstein, Catharine A. Mackinnon, Cheryl A. Champion, Edward Donnerstein
Pornography: Social Science, Legal, And Clinical Perspectives, Cass R. Sunstein, Catharine A. Mackinnon, Cheryl A. Champion, Edward Donnerstein
Articles
No abstract provided.
Routine And Revolution, Cass R. Sunstein
Protecting Autonomy And Personhood In Human Subjects Research, Helen Leskovac, Richard Delgado
Protecting Autonomy And Personhood In Human Subjects Research, Helen Leskovac, Richard Delgado
Articles
No abstract provided.
Judicial Criticism, James Boyd White
Judicial Criticism, James Boyd White
Articles
Today I shall talk about the criticism of judicial opinions, especially of constitutional opinions. This may at first seem to have rather little to do with our larger topic, "The Constitution and Human Values," but I hope that by the end I will be seen to be talking about that subject too. In fact I hope to show that in what I call our "criticism" our "values" are defined and made actual in most important ways.
Informed Consent In Human Experimentation: Bridging The Gap Between Ethical Thought And Current Practice, Richard Delgado, Helen Leskovac
Informed Consent In Human Experimentation: Bridging The Gap Between Ethical Thought And Current Practice, Richard Delgado, Helen Leskovac
Articles
No abstract provided.
The Twelve-Person, Unanimous Jury: Does It Have More Than History To Recommend It?, Richard O. Lempert
The Twelve-Person, Unanimous Jury: Does It Have More Than History To Recommend It?, Richard O. Lempert
Articles
My focus today will be on the twelve-person unanimous jury and on the contrasts between such juries and six-person juries or twelve-person juries than can return verdicts by ten-two or nine-three votes. Until about fifteen years ago, it appeared that the sixth and seventh amendments required all federal juries to have twelve members who reached unanimous verdicts, and it appeared possible that the Supreme Court would force the states to conform to the federal standards. Instead, the court did almost the opposite. It sanctioned juries as small as size six in state criminal cases and federal civil cases, and it …
The German Advantage In Civil Procedure, John H. Langbein
The German Advantage In Civil Procedure, John H. Langbein
Articles
No abstract provided.
Tying Privacy In Knotts: Beeper Monitoring And Collective Fourth Amendment Rights, Richard H. Mcadams
Tying Privacy In Knotts: Beeper Monitoring And Collective Fourth Amendment Rights, Richard H. Mcadams
Articles
No abstract provided.