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Articles 3091 - 3120 of 3261
Full-Text Articles in Entire DC Network
Guardians Of The Constitution, Gerhard Casper
The Third United Nations Conference On The Law Of The Sea: The Eighth Session (1979), Bernard H. Oxman
The Third United Nations Conference On The Law Of The Sea: The Eighth Session (1979), Bernard H. Oxman
Articles
No abstract provided.
The Weber Case: The Judicial Abrogation Of The Antidiscrimination Standard In Employment, Bernard D. Meltzer
The Weber Case: The Judicial Abrogation Of The Antidiscrimination Standard In Employment, Bernard D. Meltzer
Articles
No abstract provided.
Machiavelli And The Bar: Ethical Limitations On Lying In Negotiation, James J. White
Machiavelli And The Bar: Ethical Limitations On Lying In Negotiation, James J. White
Articles
Upon the enactment of the Model Rules of Professional Conduct, published ethical norms will for the first time give explicit consideration to the lawyer's behavior in the process of negotiation. Rules 4.1, 4.2, and 4.3 deal with negotiation. Although the Canons, the interpretations of the Canons, and the Disciplinary Rules and Ethical Considerations gave tangential consideration to negotiating, 1 none of the Disciplinary Rules or Ethical Considerations explicitly considered negotiation apart from the process of litigation or counseling. The mere recognition of negotiation as a separate process worthy of unique rules is a large step. The purpose of this paper …
To Tell The Truth: Physicians' Duty To Disclose Medical Mistakes, Joan Vogel, Richard Delgado
To Tell The Truth: Physicians' Duty To Disclose Medical Mistakes, Joan Vogel, Richard Delgado
Articles
Discusses the need for a duty to disclose showing that the medical community does not effectively selfregulate in this area Emphasizes the importance of such a duty in light of the inherent inequality between patients and doctors Establishes the plausibility of the duty to disclose in order to enable the patient to take corrective action or sue for redress Outlines the prima facie case for and defenses to an action for breach of the duty to disclose medical errors Anticipates objections to such a duty and responds to them
Death: Multiple Definitions Or A Single Standard, Susan L. Brennan, Richard Delgado
Death: Multiple Definitions Or A Single Standard, Susan L. Brennan, Richard Delgado
Articles
No abstract provided.
Rewriting Roe V. Wade, Donald H. Regan
Rewriting Roe V. Wade, Donald H. Regan
Articles
Roe v. Wade is one of the most controversial cases the Supreme Court has decided. The result in the case - the establishment of a constitutional right to abortion - was controversial enough. Beyond that, even people who approve of the result have been dissatisfied with the Court's opinion. Others before me have attempted to explain how a better opinion could have been written. It seems to me, however, that the most promising argument in support of the result of Roe has not yet been made. This essay contains my suggestions for "rewriting" Roe v. Wade
Privacy, Secrecy, And Reputation, Richard A. Posner
The Bakke Case And The Future Of 'Affirmative Action', Richard A. Posner
The Bakke Case And The Future Of 'Affirmative Action', Richard A. Posner
Articles
No abstract provided.
Tribute: Wilber G. Katz, Edward Hirsch Levi
Book Review (Reviewing Charles L. Silberman, Criminal Violence, Criminal Justice (1978)), Albert W. Alschuler
Book Review (Reviewing Charles L. Silberman, Criminal Violence, Criminal Justice (1978)), Albert W. Alschuler
Articles
No abstract provided.
Brown V. Board Of Education Was The Beginning - The School Desegregation Cases In The United States Supreme Court: 1954-1979, Philip B. Kurland
Brown V. Board Of Education Was The Beginning - The School Desegregation Cases In The United States Supreme Court: 1954-1979, Philip B. Kurland
Articles
No abstract provided.
The Irrelevance Of The Constitution: The Religion Clauses Of The First Amendment And The Supreme Court, Philip B. Kurland
The Irrelevance Of The Constitution: The Religion Clauses Of The First Amendment And The Supreme Court, Philip B. Kurland
Articles
No abstract provided.
In Pursuit Of Excellence -- A History Of The University Of Minnesota Law School, Part Vi: The Auerbach Years -- A Time Of Building, Controversy And Frustration, Robert Stein
Articles
When William B. Lockhart resigned from the deanship of the University of Minnesota Law School in June 1972, a productive sixteen-year tenure came to an end. Guided in the early years by the recommendations of the 1955 Law School Self-Survey, Lockhart and his faculty achieved significant success in improving the school's relationship with the bar, in revitalizing the educational program, in improving the quality of the student body, and in maintaining the quality of the faculty. In the later years of his tenure, the law school successfully responded, under Lockhart's leadership, to a variety of challenges presented in the turbulence …
In Pursuit Of Excellence -- A History Of The University Of Minnesota Law School, Part Iv: The Pirsig Years -- A Time Of Transition, Robert Stein
Articles
When Everett Fraser retired as Dean of the University of Minnesota Law School in June of 1948, he left to his successor a school ripe for change. The length and the strength of DeanFraser's administration,togetherwith the dramaticeffects of World WarII on the size and atmosphereof the school, had stifled the articulation andresolutionofseveralproblems.In theyearsfollowingFraser's retirement and the War's conclusion, issues long muted began to surface and developments long postponed began to require atten- tion. Through his seven-year administration,the new dean, May- nard E. Pirsig,preserved the school's traditionof excellence in its faculty and curriculum, while the groundwork was laid for the diffi- …
Patterns Of Drinking Among The Deaf, Morton Isaacs, Gerard Buckley, Donna Martin
Patterns Of Drinking Among The Deaf, Morton Isaacs, Gerard Buckley, Donna Martin
Articles
Thirty-nine White deaf persons functioning normally within the general hearing community were surveyed on a variety of factors concerning their use of alcohol, and compared to the data from two comparable hearing samples reported previously in the literature. No significant differences were found between the deaf and heharing samples on patterns of drinking or other parameters of alcohol use. Heavier alcohol use among the deaf correlated significantly with reported frequency of driving after having drunk too much, age of having had first drink, ever having been drunk, feeling guilt over drinking too much, and others criticizing the respondent for drinking …
Religious Totalism As Slavery Colloquium: Alterantive Religions: Government Control And The First Amendment, Richard Delgado
Religious Totalism As Slavery Colloquium: Alterantive Religions: Government Control And The First Amendment, Richard Delgado
Articles
No abstract provided.
Administrators And Teachers—An Uneasy But Vital Relationship, Theodore J. St. Antoine
Administrators And Teachers—An Uneasy But Vital Relationship, Theodore J. St. Antoine
Articles
If William Faulkner could people a whole universe with the denizens of one atypical county in deepest Mississippi, I should be able to draw some general observations about the administration of teaching in American universities from my seven years' experience as dean of the Michigan Law School. But I lay no claim to Mr. Faulkner's powers of universalization, and so I shall begin with a few caveats about the peculiarities of legal education, about the ways we differ from undergraduate and graduate schools and even from other professional schools. My opinions can then be discounted accordingly.
On The Relevance Of Philosophy To Law: Reflections On Ackerman's Private Property And The Constitution, Philip E. Soper
On The Relevance Of Philosophy To Law: Reflections On Ackerman's Private Property And The Constitution, Philip E. Soper
Articles
To turn to moral philosophy these days for help in trying to decide "what to do" is a bit like turning to recipe books for help in a famine. One soon discovers that most philosophers avoid ultimate questions about actual choices in actual cases, preferring to concentrate instead on a preliminary problem: how to go about thinking about what to do. One also discovers that philosophers who have written about this preliminary problem of the structure of moral inquiry are neatly divided, as logically they must be, into precisely two camps: those who do and those who do not think …
Active Rationality In Judicial Review, Richard Delgado
Privacy, Property Rights, And Misrepresentations, Richard A. Epstein
Privacy, Property Rights, And Misrepresentations, Richard A. Epstein
Articles
No abstract provided.
The Chicago School Of Antitrust Analysis, Richard A. Posner
The Chicago School Of Antitrust Analysis, Richard A. Posner
Articles
No abstract provided.
Sentencing Reform And Prosecutorial Power: A Critique Of Recent Proposals For 'Fixed' And 'Presumptive' Sentencing, Albert Alschuler
Sentencing Reform And Prosecutorial Power: A Critique Of Recent Proposals For 'Fixed' And 'Presumptive' Sentencing, Albert Alschuler
Articles
No abstract provided.
Torture And Plea Bargaining, John H. Langbein
Torture And Plea Bargaining, John H. Langbein
Articles
In this essay I shall address the modem American system of plea bargaining from a perspective that must appear bizarre, although I hope to persuade you that it is illuminating. I am going to contrast plea bargaining with the medieval European law of torture. My thesis is that there are remarkable parallels in origin, in function, and even in specific points of doctrine, between the law of torture and the law of plea bargaining. I shall suggest that these parallels expose some important truths about how criminal justice systems respond when their trial procedures fall into deep disorder.
Reference Of Juvenile Offenders For Adult Prosecution: The Legislative Alternative To Asking Unanswerable Questions, Barry C. Feld
Reference Of Juvenile Offenders For Adult Prosecution: The Legislative Alternative To Asking Unanswerable Questions, Barry C. Feld
Articles
DRAWING ON SOCIAL SCIENCE RESEARCH AND EMPIRICAL EVALUATIONS OF JUDICIAL WAIVER ADMINISTRATION IN MINNESOTA AND ELSEWHERE, IT IS ARGUED THAT JUDICIAL WAIVER STATUTES REQUIRE JUVENILE COURTS TO MAKE INDIVIDUALIZED DETERMINATIONS AS TO A YOUTH'S AMENABILITY TO TREATMENT AND THE DANGER TO SOCIETY POSED BY THE YOUTH'S RETENTION WITHIN THE JUVENILE SYSTEM THAT, USING CURRENT METHODS OF CLINICAL PREDICTION, SIMPLY CANNOT BE MADE WITH AN ACCEPTABLE DEGREE OF ACCURACY. HOWEVER, IT IS BELIEVED THAT ACTUARIAL METHODS BASED ON PRESENT OFFENSE AND PAST RECORD CAN BE USED TO IDENTIFY IN ROUGH TERMS THOSE JUVENILES LIKELY TO RECIDIVATE AND, ACCORDINGLY, POSE A THREAT …
A Response To Professor Dressler, Richard Delgado
Brewer V. Williams, Massiah And Miranda: What Is 'Interrogation'? When Does It Matter?, Yale Kamisar
Brewer V. Williams, Massiah And Miranda: What Is 'Interrogation'? When Does It Matter?, Yale Kamisar
Articles
On Christmas Eve, 1968, a ten-year-old girl, Pamela Powers, disappeared while with her family in Des Moines, Iowa.2 Defendant Williams, an escapee from a mental institution and a deeply religious person, 3 was suspected of murdering her, and a warrant was issued for his arrest.4 Williams telephoned a Des Moines lawyer, McKnight, and on his advice surrendered himself to the Davenport, Iowa, police.5 Captain Learning and another Des Moines police officer arranged to drive the 160 miles to Davenport, pick up Williams, and return him directly to Des Moines. 6 Both the trial court 7 and the federal district court8 …
Ascription Of Criminal States Of Mind: Toward A Defense Theory For The Coercively Persuaded (Brainwashed) Defendant, Richard Delgado
Ascription Of Criminal States Of Mind: Toward A Defense Theory For The Coercively Persuaded (Brainwashed) Defendant, Richard Delgado
Articles
No abstract provided.
The Federal Rules Of Evidence: A Model For Improved Evidentiary Decisionmaking In Washington, Robert H. Aronson
The Federal Rules Of Evidence: A Model For Improved Evidentiary Decisionmaking In Washington, Robert H. Aronson
Articles
This article discusses the underlying reasons for establishing rules of evidence, defines two unavoidable conflicts encountered in attempting to effectuate the purposes for adopting such rules, suggests that the Federal Rules of Evidence help resolve these conflicts by adhering to several clearly enunciated rationales, and, finally, indicates how the Rules recognize and accommodate important new scientific and social insights on the admissibility of evidence.
The Effect Of Peremptory Challenges On Jury And Verdict: An Experiment In A Federal District Court, Hans Zeisel, Shari Seldman Diamond
The Effect Of Peremptory Challenges On Jury And Verdict: An Experiment In A Federal District Court, Hans Zeisel, Shari Seldman Diamond
Articles
No abstract provided.