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Articles 3031 - 3060 of 3261
Full-Text Articles in Entire DC Network
Explaining Restitution, Saul Levmore
Can Lawyers Solve The Problems Of Tort System?, Richard A. Posner
Can Lawyers Solve The Problems Of Tort System?, Richard A. Posner
Articles
No abstract provided.
Custody Investigation In Divorce Cases: The New York Law Revision Commission Proposal In Perspective, Robert Levy
Custody Investigation In Divorce Cases: The New York Law Revision Commission Proposal In Perspective, Robert Levy
Articles
No abstract provided.
Beyond Promissory Estoppel: Contract Law And The "Invisible Handshake", Daniel A. Farber, John Matheson
Beyond Promissory Estoppel: Contract Law And The "Invisible Handshake", Daniel A. Farber, John Matheson
Articles
No abstract provided.
Teaching An Old Dog Old Tricks: Coppage V. Kansas And At-Will Employment Revisited, Kenneth M. Casebeer
Teaching An Old Dog Old Tricks: Coppage V. Kansas And At-Will Employment Revisited, Kenneth M. Casebeer
Articles
No abstract provided.
How To Write A Law Review Article 1985 Minority Law Teachers Conference, Richard Delgado
How To Write A Law Review Article 1985 Minority Law Teachers Conference, Richard Delgado
Articles
No abstract provided.
How Should We Talk About Corporations? The Languages Of Economics And Of Citizenship, James Boyd White
How Should We Talk About Corporations? The Languages Of Economics And Of Citizenship, James Boyd White
Articles
My immediate subject in this Comment is section 2.01 of the American Law Institute's proposed Principles of Corporate Governance (Tentative Draft No. 2), which defines in general terms the proper objectives and conduct of a business corporation. My larger subject has to do with the adequacy and inadequacy of various languages in which corporate purposes and limits might be expressed, and especially with the limits of the economic language used in the ALI Draft.
On The Social Significance Of Large Law Firm Practice, Robert A. Kagan, Robert E. Rosen
On The Social Significance Of Large Law Firm Practice, Robert A. Kagan, Robert E. Rosen
Articles
No abstract provided.
Fairness And Formality: Minimizing The Risk Of Prejudice In Alternative Dispute Resolution, Richard Delgado, Chris Dunn, Pamela Brown, Helena Lee
Fairness And Formality: Minimizing The Risk Of Prejudice In Alternative Dispute Resolution, Richard Delgado, Chris Dunn, Pamela Brown, Helena Lee
Articles
Presents an overview of alternative dispute resolution ADR and contrasts the quality of justice it affords to that of the incourt variety Concludes based on social science literature that ADR is likely to increase the risk of prejudicial behavior and outcomes especially for disempowered disputants Summarizes criticisms of ADR and suggests ways of lessening prejudice in alternative disputing without sacrificing its benefits of speed and low cost
The Author Replies, Richard Delgado
Law As Rhetoric, Rhetoric As Law: The Arts Of Cultural And Communal Life, James Boyd White
Law As Rhetoric, Rhetoric As Law: The Arts Of Cultural And Communal Life, James Boyd White
Articles
In this paper I shall suggest that law is most usefully seen not, as it usually is by academics and philosophers, as a system of rules, but as a branch of rhetoric; and that the kind of rhetoric of which law is a species is most usefully seen not, as rhetoric usually is, either as a failed science or as the ignoble art of persuasion, but as the central art by which community and culture are established, maintained, and transformed. So regarded, rhetoric is continuous with law, and like it, has justice as its ultimate subject. I do not mean …
Thoughts On Teaching, Christina B. Whitman
Thoughts On Teaching, Christina B. Whitman
Articles
I teach in classrooms where, ten years ago, I sat as a student. People who were my teachers are now my colleagues. People who were my students are still my friends. The difference between teacher and student, it seems to me, is more appropriately described as progression through a life than as distinct positions in a hierarchy.
Rotten Social Background: Should The Criminal Law Recognize A Defense Of Severe Environmental Deprivation, Richard Delgado
Rotten Social Background: Should The Criminal Law Recognize A Defense Of Severe Environmental Deprivation, Richard Delgado
Articles
No abstract provided.
On Preferences And Promises: A Response To Harsanyi, Donald H. Regan
On Preferences And Promises: A Response To Harsanyi, Donald H. Regan
Articles
John C. Harsanyi sketches an entire normative and metaethical theory in under twenty pages. Combining breadth and brevity, his essay is useful and interesting. It reveals the interrelations between Harsanyi's positions on various issues as no longer work or series of articles could do. But by virtue of its programmatic nature, the essay creates a dilemma for a commentator, at least for one who finds many things to disagree with. If I responded to Harsanyi in the same sweeping terms in which he argues, we would end up with little more than opposing assertions. At the other extreme, I could …
The Religion Clauses And The Burger Court, Philip B. Kurland
The Religion Clauses And The Burger Court, Philip B. Kurland
Articles
No abstract provided.
Criminalizing Juvenile Justice: Rules Of Procedure For The Juvenile Court, Barry C. Feld
Criminalizing Juvenile Justice: Rules Of Procedure For The Juvenile Court, Barry C. Feld
Articles
The 1967 United States Supreme Court decision In re Gault 1 precipitated a procedural revolution that has transformed the juvenile court into a legal institution very different from that envisioned by its Progressive creators. 2 In the years since Gault, states have struggled to bring the administration of their juvenile courts into harmony with the requirements of the Constitution, 3 aided by professional commentary and the continuing evolution of juvenile procedural due process requirements.
Normative Judgment, Social Change, And Legal Reasoning In The Context Of Abortion And Privacy, Stephen J. Schnably
Normative Judgment, Social Change, And Legal Reasoning In The Context Of Abortion And Privacy, Stephen J. Schnably
Articles
No abstract provided.
Use And Non-Use Of Contract Law In Japan, Whitmore Gray
Use And Non-Use Of Contract Law In Japan, Whitmore Gray
Articles
This article first defines the scope of enquiry, then surveys some of the existing literature, and finally, presents the results of my preliminary survey interviews and questionnaire. It is my hope that it will serve as a basis form discussion leading to better definition of the problems for research in this area, and will suggest ways to proceed to gather the information necessary for more sophisticated exposition and commentary.
When Religious Exercise Is Not Free: Deprogramming And The Constitutional Status Of Coercively Induced Belief, Richard Delgado
When Religious Exercise Is Not Free: Deprogramming And The Constitutional Status Of Coercively Induced Belief, Richard Delgado
Articles
No abstract provided.
Fact, Norm, And Standard Of Review - The Case Of Homosexuality Symposium: The Legal System And Homosexuality - Approbation, Accommodation, Or Reprobation, Richard Delgado
Fact, Norm, And Standard Of Review - The Case Of Homosexuality Symposium: The Legal System And Homosexuality - Approbation, Accommodation, Or Reprobation, Richard Delgado
Articles
No abstract provided.
The Language Of The Arms Race: Should The People Limit Government Speech, Richard Delgado
The Language Of The Arms Race: Should The People Limit Government Speech, Richard Delgado
Articles
No abstract provided.
Rethinking The Substantive Rules For Custody Disputes In Divorce, David L. Chambers
Rethinking The Substantive Rules For Custody Disputes In Divorce, David L. Chambers
Articles
A few states, mostly in the West and South, still retain a preference in custody disputes for placing young children with their mothers. In most other states, legislatures or courts have replaced the maternal presumption with a rule directing courts to be guided solely by the child's "welfare" or "best interests." A few legislatures have created a new preference for joint custody, directing courts to consider favorably requests by a parent for such arrangements, even over the objection of the other parent. This Article argues that the trend away from the maternal presumption is sensible, but that the current best-interests …
Action Zone Theory And The Hearing-Impaired Student In The Mainstreamed Classroom, Rosemary Saur, Mary Jane Popp, Morton Isaacs
Action Zone Theory And The Hearing-Impaired Student In The Mainstreamed Classroom, Rosemary Saur, Mary Jane Popp, Morton Isaacs
Articles
This study examines the effect of the "action zone" phenomenon on the classroom participation of mainstreamed, hearing-impaired students. They are constrained by their need for visual input to sitting on the sides of the classroom out of the action zone. Six mainstreamed classes were observed and coded for location of student-teacher interactions. Action zone patterns were found in two classes. It was concluded that hearing-impaired students who must sit on the periphery of the classroom have similar opportunities to hearing students for participation when no action zone exists. When one does exist however they are at a great disadvantage.
Taking Witherspoon Seriously: The Search For Death-Qualified Jurors, Eric Schnapper
Taking Witherspoon Seriously: The Search For Death-Qualified Jurors, Eric Schnapper
Articles
This Article assesses, in light of fifteen years of judicial experience under Witherspoon v. Illinois, 391 U.S. 510 (1968), the meaning and impact of that decision and the practical and legal problems that arise in its application. The analysis draws heavily on actual voir dires reported in published opinions and considers the problems that judges and attorneys face when attempting to distinguish jurors who cannot be excluded under Witherspoon(commonly referred to as "death-qualified" jurors) from jurors who may be excluded for cause. Part II discusses the ways in which Witherspoon altered the law regarding jury selection in capital …
Foreword, Gerhard Casper
Implementing The Criminal Defendant's Right To Trial: Alternatives To The Plea Bargaining System, Albert W. Alschuler
Implementing The Criminal Defendant's Right To Trial: Alternatives To The Plea Bargaining System, Albert W. Alschuler
Articles
No abstract provided.
Interpersonal Privacy And The Fourth Amendment, Albert W. Alschuler
Interpersonal Privacy And The Fourth Amendment, Albert W. Alschuler
Articles
No abstract provided.
Statutes' Domains, Frank H. Easterbrook
A Reply To Landes: A Faulty Study Of No-Fault's Effect On Fault, Saul Levmore, Jeffrey O'Connell
A Reply To Landes: A Faulty Study Of No-Fault's Effect On Fault, Saul Levmore, Jeffrey O'Connell
Articles
No abstract provided.
Suing Government, Cass R. Sunstein