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Articles 11611 - 11640 of 13976
Full-Text Articles in Entire DC Network
The Classification Veto In Single-Asset Cases Under Bankruptcy Code Section 1129(A)(10), David G. Carlson
The Classification Veto In Single-Asset Cases Under Bankruptcy Code Section 1129(A)(10), David G. Carlson
Articles
No abstract provided.
The Tension Between Rules And Discretion In Family Law: A Report And Reflection, Carl E. Schneider
The Tension Between Rules And Discretion In Family Law: A Report And Reflection, Carl E. Schneider
Articles
The history of law is many things. But one of them is the story of an unremitting struggle between rules and discretion. The tension between these two approaches to legal problems continues to pervade and perplex the law today. Perhaps nowhere is that tension more pronounced and more troubling than in family law. It is probably impossible to practice family law without wrestling with the imponderable choice between rules and discretion. Consider, for example, how many areas of family law are now being fought over in-just those terms. For decades we have lived with an abundantly discretionary way of resolving …
Fidelity In Translation, Lawrence Lessig
Fidelity In Translation, Lawrence Lessig
Articles
Readings of the Constitution have changed. Sometimes they have changed because the constitutional text has changed. But more often they have changed while the text has remained the same. Can it be that these changed readings-changes that track no change in constitutional text-can nonetheless be readings of fidelity, faithful to the Constitution's original meaning? On some readings of originalism, the answer must be no. But this essay argues that any complete account of interpretive fidelity must allow--indeed require--changes in constitutional readings even when there has been no change in the constitutional text. If meaning is a function of both text …
Liberal Philosophy's Troubled Relation To The Rule Of Law, David G. Carlson
Liberal Philosophy's Troubled Relation To The Rule Of Law, David G. Carlson
Articles
The article critiques Andrew Altman's defense of liberalism against critical legal studies (CLS), arguing that his account of the rule of law relies on unexamined presuppositions and fails to address the indeterminacy of legal meaning. Altman's metaphor of the rule of law as a checkerboard of zones of freedom is challenged for its definitional ambiguity and reliance on natural law, which undermines his critique of CLS. The analysis suggests that liberalism's inability to tolerate political intrusion into the rule of law exposes its dogmatic underpinnings, while deconstruction offers a more nuanced understanding of legal meaning and its ethical implications.
Faith On The Margins: The Example Of Jean Sulivan, Eamon Maher
Faith On The Margins: The Example Of Jean Sulivan, Eamon Maher
Articles
Material reproduced by kind permission of Doctrine and Life.
Restraints On Alienation Of Human Capital, Stewart E. Sterk
Restraints On Alienation Of Human Capital, Stewart E. Sterk
Articles
No abstract provided.
A Further Word Against Consensus, John O. Mcginnis
A Further Word Against Consensus, John O. Mcginnis
Articles
In their Response to my Essay, Professors Strauss and Sunstein not only take issue with a few of my arguments but also suggest a measure of consensus between their views and mine on the confirmation process.1 While I very much appreciate their proffer of half an olive branch, upon reflection I believe that the differences between us concerning the confirmation process remain very great and illustrate even more profound differences concerning the premises and structure of our republican Constitution.
The President, The Senate, The Constitution, And The Confirmation Process: A Reply To Professors Strauss And Sunstein, John O. Mcginnis
The President, The Senate, The Constitution, And The Confirmation Process: A Reply To Professors Strauss And Sunstein, John O. Mcginnis
Articles
No abstract provided.
Postpetition Security Interests Under The Bankruptcy Code, David G. Carlson
Postpetition Security Interests Under The Bankruptcy Code, David G. Carlson
Articles
Section 364(c) and (d) of the Bankruptcy Code provides for the creation of security interests in real and personal property under federal law. In this Article, David Gray Carlson discusses the quality and nature of these federal security interests, their remarkable immunity from reversal on appeal, and the ability of postpetition lenders to obtain preferences over other creditors through "cross-collateralization" clauses and the like.
In Pursuit Of The Counter-Text: The Turn To The Jewish Legal Model In Contemporary American Legal Theory, Suzanne Last Stone
In Pursuit Of The Counter-Text: The Turn To The Jewish Legal Model In Contemporary American Legal Theory, Suzanne Last Stone
Articles
Beginning with Professor Robert Cover's Nomos and Narrative, contemporary American legal scholars have increasingly turned, implicitly or more directly, to the Jewish legal tradition as an example of a legal system in which law is defined not by reference to the authority and power of the State, but rather by the commitment of a legal community to voluntarily-accepted legal obligations. These scholars depict the Jewish legal system as having successfully confronted - and resolved - several central dilemmas currently facing American law by maintaining a coherent legal system while accepting behavioral and interpretive pluralism. In this Article, Professor Stone shows …
The Merger Puzzle, John A. Miller
Lee V. Weisman: A New Age For Establishment Clause Jurisprudence?, Elizabeth Brandt
Lee V. Weisman: A New Age For Establishment Clause Jurisprudence?, Elizabeth Brandt
Articles
No abstract provided.
Animal Rights: The Frontiers Of Compassion, Henry Spira
Animal Rights: The Frontiers Of Compassion, Henry Spira
Articles
No abstract provided.
Shackle & Hoist: The Power Of Alternatives, Henry Spira
Shackle & Hoist: The Power Of Alternatives, Henry Spira
Articles
Few things in the decades-old horror show of farm animal-suffering have bothered all of us quite so much as shackling and hoisting. It should come as a relief to animal protectionists that the curtain is finally beginning to fall on the last grisly scenes of this archaic practice.
While our ideal remains the non-violent dinner table, the reality is that eating habits lend to change slowly. In terms of the "three Rs" this means that adopting a meatless diet for ethical reasons (Replacement) remains our long-term goal. In the short term our best bet is to also focus on eating …
The False Duality Of Efficiency And Predation In The Analysis Of Monopolizing Conduct, Mark Anderson
The False Duality Of Efficiency And Predation In The Analysis Of Monopolizing Conduct, Mark Anderson
Articles
No abstract provided.
Idaho Administrative Procedure Act: A Primer For The Practitioner, Dale Goble
Idaho Administrative Procedure Act: A Primer For The Practitioner, Dale Goble
Articles
No abstract provided.
Liars Should Have Good Memories: Legal Fictions And The Tax Code, John A. Miller
Liars Should Have Good Memories: Legal Fictions And The Tax Code, John A. Miller
Articles
No abstract provided.
Blackmail From A To C, Joseph Isenbergh
A Libel Story: Sullivan Then And Now (Reviewing Anthony Lewis, Make No Law: The Sullivan Case And The First Amendment (1991)), Elena Kagan
Articles
No abstract provided.
Irreversibility And The Law: The Size Of Firms And Other Organizations, Saul Levmore
Irreversibility And The Law: The Size Of Firms And Other Organizations, Saul Levmore
Articles
No abstract provided.
When Cities Go Broke: A Conceptual Introduction To Municipal Bankruptcy, Randal C. Picker, Michael W. Mcconnell
When Cities Go Broke: A Conceptual Introduction To Municipal Bankruptcy, Randal C. Picker, Michael W. Mcconnell
Articles
No abstract provided.
Blackmail, Privacy, And Freedom Of Contract, Richard A. Posner
Blackmail, Privacy, And Freedom Of Contract, Richard A. Posner
Articles
No abstract provided.
Autonomy And Distrust, Geoffrey R. Stone
Rights And The System Of Freedom Of Expression, David A. Strauss
Rights And The System Of Freedom Of Expression, David A. Strauss
Articles
No abstract provided.
Presidential Interpretation Of The Constitution, David A. Strauss
Presidential Interpretation Of The Constitution, David A. Strauss
Articles
No abstract provided.
From The Mirror Of Reason To The Measure Of Justice, Mary Anne Case
From The Mirror Of Reason To The Measure Of Justice, Mary Anne Case
Articles
No abstract provided.
The Doubtful Constitutionality Of The Clinic Access Bill, Michael W. Mcconnell, Michael Stokes Paulsen
The Doubtful Constitutionality Of The Clinic Access Bill, Michael W. Mcconnell, Michael Stokes Paulsen
Articles
No abstract provided.
God Is Dead And We Have Killed Him: Freedom Of Religion In The Post-Modern Age, Michael W. Mcconnell
God Is Dead And We Have Killed Him: Freedom Of Religion In The Post-Modern Age, Michael W. Mcconnell
Articles
No abstract provided.
The Rules Of Evidence And The Rules Of Public Debate, Geoffrey R. Stone
The Rules Of Evidence And The Rules Of Public Debate, Geoffrey R. Stone
Articles
No abstract provided.
The Demand For Judicial Review, Frank H. Easterbrook