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Articles 11281 - 11310 of 13944
Full-Text Articles in Entire DC Network
Not With A Bang But A Whimper: Broadcast License Renewal And The Telecommunications Act Of 1996, Lili Levi
Not With A Bang But A Whimper: Broadcast License Renewal And The Telecommunications Act Of 1996, Lili Levi
Articles
No abstract provided.
The Fcc, Indecency, And Anti-Abortion Political Advertising, Lili Levi
The Fcc, Indecency, And Anti-Abortion Political Advertising, Lili Levi
Articles
No abstract provided.
Observations On Vessel Release Under The United Nations Convention On The Law Of The Sea, Bernard H. Oxman
Observations On Vessel Release Under The United Nations Convention On The Law Of The Sea, Bernard H. Oxman
Articles
No abstract provided.
Liberty Without Equality: The Property-Rights Connection In A Negative Citizenship Regime, David Abraham
Liberty Without Equality: The Property-Rights Connection In A Negative Citizenship Regime, David Abraham
Articles
Why, in comparison with other liberal capitalist democracies, is the social welfare state so poorly anchored in American law and public discourse? Surely American political and social history have contributed much to the weakness of our "social state." But law, too, has played a significant material, as well as ideological, role and has provided the terrain for much of our social development. This essay explores the particular contribution of the property-liberty nexus to the stunted development of positive liberty and social citizenship in the United States. It traces this connection from the natural rights and bourgeois Founders through several key …
The Thrift Crisis And The Constitution, Stanley I. Langbein
The Thrift Crisis And The Constitution, Stanley I. Langbein
Articles
No abstract provided.
Mitigation, Mercy, And Delay: The Moral Politics Of Death Penalty Abolitionists, Anthony V. Alfieri
Mitigation, Mercy, And Delay: The Moral Politics Of Death Penalty Abolitionists, Anthony V. Alfieri
Articles
No abstract provided.
Ethical Commitments, Anthony V. Alfieri
The German Duality Of State And Society, David Abraham
Beyond The Rhetoric Of The Nafta Treaty Debate: A Comparative Analysis Of Labor And Employment Law In Mexico And The United States, Stephen F. Befort, Virginia Cornett
Beyond The Rhetoric Of The Nafta Treaty Debate: A Comparative Analysis Of Labor And Employment Law In Mexico And The United States, Stephen F. Befort, Virginia Cornett
Articles
No abstract provided.
The Constitutionality Of Legislative Supermajority Requirements: A Defense, John O. Mcginnis, Michael B. Rappaport
The Constitutionality Of Legislative Supermajority Requirements: A Defense, John O. Mcginnis, Michael B. Rappaport
Articles
No abstract provided.
Chix Nix Bundle-O-Stix: A Feminist Critique Of The Disaggregation Of Property, Jeanne L. Schroeder
Chix Nix Bundle-O-Stix: A Feminist Critique Of The Disaggregation Of Property, Jeanne L. Schroeder
Articles
Jeanne Schroeder's article critiques the traditional "bundle of sticks" metaphor of property theory, arguing that it erodes property's unity and essence. She integrates insights from Hegel and Lacan to propose a more cohesive understanding of property, emphasizing its role in mediating human interactions and freedom. Schroeder challenges gendered power dynamics in property theory and advocates for a feminist reimagining of property that transcends outdated metaphors.
Nonrefundable Retainers: A Response To Critics Of The Absolute Ban, Lester Brickman, Lawrence A. Cunningham
Nonrefundable Retainers: A Response To Critics Of The Absolute Ban, Lester Brickman, Lawrence A. Cunningham
Articles
In the short span of time since the New York Court of Appeals banned nonrefundable retainers, numerous other courts have joined in prohibiting this widespread practice of lawyers charging a fee for services in advance and keeping the fee even if the services are not performed. The alacrity with which the New York rule is being embraced may reflect increased judicial recognition of the effect of egregious fee practices on the image of the bar and the role such practices play in the declining esteem in which the legal profession is held. Not only has there been a sharp decline …
Testing Colour-Appearance Models: Guidelines For Coordinated Research, Mark Fairchild
Testing Colour-Appearance Models: Guidelines For Coordinated Research, Mark Fairchild
Articles
These guidelines provide an overview of the many issues involved in generating visual data that can be used to evaluate the performance of colour-appearance models. the three main sections of these guidelines outline the parameters that must be evaluated and controlled in experimental setups for colour-appearance experiments, suggested psychophysical techniques for gathering the data, and some suggested techniques for data analysis. Experimental parameters addressed include models to be tested, illumination conditions, background and surround conditions, types of stimuli to be used, and issues relating to viewing technique. the psychophysical techniques of magnitude estimation, matching, and direct model testing (paired comparison) …
Reforming Cocaine Sentencing: The New Commission Speaks, David Yellen
Reforming Cocaine Sentencing: The New Commission Speaks, David Yellen
Articles
No abstract provided.
Jean Sulivan : Champion Of The Marginalised, Eamon Maher
Jean Sulivan : Champion Of The Marginalised, Eamon Maher
Articles
Material reproduced by kind permission of The Month
Freedom And Criminal Responsibility In The Age Of Pound: An Essay On Criminal Justice, Thomas A. Green
Freedom And Criminal Responsibility In The Age Of Pound: An Essay On Criminal Justice, Thomas A. Green
Articles
The concept of freedom has two main aspects: political liberty and freedom of the will. I am concerned here with the latter, although - as these two aspects of freedom are not entirely unrelated to each other - I shall touch also on the former. Enough has been written from a philosophical perspective on the relationship between free will and the law that it is not easy to justify yet another such undertaking. But there may still be room for some informal observations on the manner in which doubts about the concept of freedom of the will affected discussion of …
Hugo Black Among Friends, Dennis J. Hutchinson
On The Duties And Rights Of Parents, Carl E. Schneider
On The Duties And Rights Of Parents, Carl E. Schneider
Articles
The law of the family is the law of the absurd. Law is a system of rules administered institutionally, and thus it must treat people categorically. When law regulates economic life, it finds people at arguably their most schematic, motivated-perhaps-by a relatively unitary conception of their interest pursued in relatively rational ways. But in family life, people are at their least schematic and at their most frustratingly human, various, idiosyncratic, irrational, and perverse, and the law's efforts to affect them are thus often quixotic. In Parents as Fiduciaries, 1 Professor Scott and Dean Scott strikingly and boldly deploy the …
Power, Responsibility, And Republican Democracy, Marci A. Hamilton
Power, Responsibility, And Republican Democracy, Marci A. Hamilton
Articles
No abstract provided.
Accountability And Mandates: Redefining The Problem Of Federal Spending Conditions, Edward A. Zelinsky
Accountability And Mandates: Redefining The Problem Of Federal Spending Conditions, Edward A. Zelinsky
Articles
No abstract provided.
Debt Collection As Rent Seeking, David G. Carlson
Debt Collection As Rent Seeking, David G. Carlson
Articles
The article presents an economic theory of debt collection, arguing that it can be viewed as a form of rent-seeking behavior where creditors extract wealth without adding economic value. The author, David Gray Carlson, posits that legal frameworks such as Article 9 of the Uniform Commercial Code and bankruptcy laws are crucial in preventing local monopolies and promoting a competitive national credit market. These mechanisms reduce information asymmetry and prevent local creditors from exploiting debtors, thereby benefiting debtors and fostering economic efficiency.
Law As Discourse: Bridging The Gap Between Democracy And Rights, Michel Rosenfeld
Law As Discourse: Bridging The Gap Between Democracy And Rights, Michel Rosenfeld
Articles
No abstract provided.
Reading One Poet In Light Of Another: Herbert And Frost, James Boyd White
Reading One Poet In Light Of Another: Herbert And Frost, James Boyd White
Articles
In this paper I wish both to draw certain connections between Herbert and Frost and at the same time to say something in a general way about the process by which such connections can be made. It is with the latter question that I begin. Once the relation between two writers would have been thought of mainly in terms of "influence." And one might indeed argue that Herbert did have significant influence on Frost's poetic practice — if not directly, for Frost was not a great reader of Herbert, then indirectly, through Emerson, who was in many ways Frost's master …
On The 'Fruits' Of Miranda Violations, Coerced Confessions, And Compelled Testimony, Yale Kamisar
On The 'Fruits' Of Miranda Violations, Coerced Confessions, And Compelled Testimony, Yale Kamisar
Articles
Professor Akhil Reed Amar and Ms. Renee B. Lettow have written a lively, provocative article that will keep many of us who teach constitutional-criminal procedure busy for years to come. They present a reconception of the "first principles" of the Fifth Amendment, and they suggest a dramatic reconstruction of criminal procedure. As a part of that reconstruction, they propose, inter alia, that at a pretrial hearing presided over by a judicial officer, the government should be empowered to compel a suspect, under penalty of contempt, to provide links in the chain of evidence needed to convict him.
Understanding Changed Readings: Fidelity And Theory, Lawrence Lessig
Understanding Changed Readings: Fidelity And Theory, Lawrence Lessig
Articles
In this article, Professor Lessig proposes a theory to explain how new readings of the Constitution may maintain fidelity with past understandings of the document's meaning and purpose. After defining schematically some terminology for this exercise in "fidelity theory," the author proposes a general typology of four justifications for changed constitutional readings: amendment, synthesis, fact translation, and structural translation. Describing this last justification as so far overlooked, he illustrates, by way of four historical case studies, how structural translation results from a pragmatic institutional response by judges to subtle changes in interpretive context-changes both in what Professor Lessig calls the …
Segregation, Whiteness, And Transformation, Martha R. Mahoney
Segregation, Whiteness, And Transformation, Martha R. Mahoney
Articles
No abstract provided.
Two Challenges For Feminist Thought, Richard A. Epstein
Two Challenges For Feminist Thought, Richard A. Epstein
Articles
No abstract provided.
The Status-Production Sideshow: Why The Antidiscrimination Laws Are Still A Mistake, Richard A. Epstein
The Status-Production Sideshow: Why The Antidiscrimination Laws Are Still A Mistake, Richard A. Epstein
Articles
No abstract provided.
Dolan V. City Of Tigard: Brief Of The Institute For Justice As Amicus Curiae In Support Of Petitioner, Richard A. Epstein, William H. Mellor Iii
Dolan V. City Of Tigard: Brief Of The Institute For Justice As Amicus Curiae In Support Of Petitioner, Richard A. Epstein, William H. Mellor Iii
Articles
No abstract provided.
The Originalist Case For Brown V. Board Of Education, Michael W. Mcconnell
The Originalist Case For Brown V. Board Of Education, Michael W. Mcconnell
Articles
No abstract provided.