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Articles 11791 - 11820 of 14003
Full-Text Articles in Entire DC Network
State-Interest Analysis And The Channelling Function In Family Law, Carl E. Schneider
State-Interest Analysis And The Channelling Function In Family Law, Carl E. Schneider
Articles
I want to develop some themes I advanced in my article entitled State-Interest Analysis in Fourteenth Amendment "Privacy" Law: An Essay on the Constitutionalization of Social issues. In that article I noted that while courts and commentators have lavished effort on the fundamental-rights side of privacy law, they have scanted the state-interest side, thereby producing crucial weaknesses in that law. I felt that state~interest discussions in privacy cases often seemed to me unsatisfying. This is an attempt to see why. A major difficulty is that states tend to advance and courts tend to accept quite narrow specifications of a statute's …
The Public Trust Doctrine And Coastal Zone Management In Washington State, Ralph W. Johnson, Craighton Goeppele, David Jansen, Rachael Paschal
The Public Trust Doctrine And Coastal Zone Management In Washington State, Ralph W. Johnson, Craighton Goeppele, David Jansen, Rachael Paschal
Articles
The public trust doctrine is an ancient doctrine that has recently emerged as a powerful tool to protect the public interest in tidelands and shorelands. Created and developed by the judiciary, the doctrine's principles have found their way into several of Washington's regulatory statutes, such as the Shoreline Management Act and the Aquatic Lands Act. This Article traces the development of the doctrine in Washington, and explains the relation between the state's police power and the public trust doctrine. This Article also sets forth the current contours of the public trust doctrine in Washington, and charts potential future developments of …
Deference Running Riot: Separating Interpretation And Lawmaking Under Chevron, Michael E. Herz
Deference Running Riot: Separating Interpretation And Lawmaking Under Chevron, Michael E. Herz
Articles
No abstract provided.
Dilemmas Of Justice, Stephen J. Schulhofer, Michel Rosenfeld
Dilemmas Of Justice, Stephen J. Schulhofer, Michel Rosenfeld
Articles
The Hungarian Constitutional Court's decision to invalidate a retroactivity law aimed at prosecuting crimes committed during the prior regime highlights a tension between rule-of-law principles and demands for retributive justice. The court ruled that extending or reopening statutes of limitations violated constitutional guarantees of legal certainty, non-retroactivity, and the protection of rights previously conferred. The decision underscores the court's commitment to an expansive interpretation of constitutional rights, emphasizing the importance of predictable and foreseeable legal consequences. While the ruling prioritizes rule-of-law values, it leaves unresolved the question of how to address past injustices in post-totalitarian societies.
Choosing Between Normative And Descriptive Versions Of The Judicial Role, Michael E. Herz
Choosing Between Normative And Descriptive Versions Of The Judicial Role, Michael E. Herz
Articles
No abstract provided.
The Use Of Advance Fee Attorney Retainer Agreements In Bankruptcy: Another Special Law For Lawyers?, Lester Brickman, Jonathan Klein
The Use Of Advance Fee Attorney Retainer Agreements In Bankruptcy: Another Special Law For Lawyers?, Lester Brickman, Jonathan Klein
Articles
From the time that the first lawyers set foot in what is now the United States, society has engaged in efforts to regulate lawyers' fees, including fees received from clients in bankruptcy proceedings. Lawyers, in turn, have been engaged in continuing efforts to: secure their self-interests, aggrandize their role in society, be free of societally imposed constraints on their fees and activities, and carve out an ever larger area of exclusive domain. Although lawyers have not fared as well in their recent efforts to extend the scope of their monopoly by the use of statutes that prohibit the unauthorized practice …
Bioethics And The Family: The Cautionary View From Family Law, Carl E. Schneider
Bioethics And The Family: The Cautionary View From Family Law, Carl E. Schneider
Articles
For many years, the field of bioethics has been specially concerned with how the authority to make medical decisions should be allocated between doctor and patient. Today the patient's power-indeed, the patient's right-is widely acknowledged, at least in principle. But this development can hardly be the last word in our thinking about how medical decisions should be made. For one thing, sometimes patients cannot speak for themselves. For another, patients· make medical decisions in contexts that significantly include more participants than just the patient and doctor. Now, as this conference demonstrates, bioethics is beginning to ask what role the patient's …
Ruminations On Lucas V. South Carolina Coastal Council: An Introduction To An Amicus Curiae Brief, Richard A. Epstein
Ruminations On Lucas V. South Carolina Coastal Council: An Introduction To An Amicus Curiae Brief, Richard A. Epstein
Articles
No abstract provided.
Using A Computer Simulation In The Research, Training, And Evaluation Of School Psychologists, Morton Isaacs, Virginia Costenbader, Margery Reading-Brown, Gordon Goodman
Using A Computer Simulation In The Research, Training, And Evaluation Of School Psychologists, Morton Isaacs, Virginia Costenbader, Margery Reading-Brown, Gordon Goodman
Articles
A computer program, School Psychologist Simulation, is described. The program presents users with information and events such as might be encountered in a real school setting regarding schoolchildren referred to the school psychologist; users can practice the skills needed by a school psychologist in the assessment of the case. The participant then submits a report detailing assessment, recommendations, and reasoning for the case in either essay or multiple-choice format. An additional program permits the instructor to customize the material presented to the user by modifying the case material of a specific child and/or by altering the forms displayed to the …
Imagining A Free Press, Geoffrey R. Stone
Medieval Iceland And Modern Scholarship (Reviewing William Ian Miller, Bloodtaking And Peacemaking: Feud, Law And Society In Saga Iceland (1990)), Richard A. Posner
Medieval Iceland And Modern Scholarship (Reviewing William Ian Miller, Bloodtaking And Peacemaking: Feud, Law And Society In Saga Iceland (1990)), Richard A. Posner
Articles
No abstract provided.
Competition Among Municipalities As A Constraint On Land Use Exactions, Stewart E. Sterk
Competition Among Municipalities As A Constraint On Land Use Exactions, Stewart E. Sterk
Articles
The article examines the limitations of competition among municipalities in constraining the abuse of land use exactions and impact fees, arguing that while competition provides some checks, it is insufficient to prevent distortions in land markets. It critiques the Tiebout hypothesis, which assumes that intermunicipal competition leads to efficient allocation of public goods, and highlights how monopoly power in certain land uses undermines this theory. The analysis emphasizes the need for legal constraints to address the exploitation of landowners and ensure exactions align with the external costs of development.
Setting The Fee When The Client Discharges A Contingent Fee Attorney, Lester Brickman
Setting The Fee When The Client Discharges A Contingent Fee Attorney, Lester Brickman
Articles
The bold and precedent-setting case of Martin v. Camp endowed the attorney-client relationship with the legacy of the "client discharge rule"; it provides that a client can discharge his attorney at any time without cause and without penalty. The predicate of the rule is that trust and confidence are essential features of the attorney-client relationship. If that trust and confidence dissipate, the client should not be forced to continue to confide in and rely upon that attorney. Accordingly, the client should not be penalized financially if he elects to change attorneys. The discharged attorney, precluded from realizing the contingent percentage …
The Channelling Function In Family Law, Carl E. Schneider
The Channelling Function In Family Law, Carl E. Schneider
Articles
On an occasion such as this, we are called to step back from our daily work to seek what Justice Holmes called a "liberal view" of our subject. Today, I propose to do so by exploring a function of family law that I believe is basic, that underlies much of family law, that resonates with the deepest purposes of culture but that is rarely addressed expressly-namely, what I call the "channelling function." As I will soon explain at length, in the channelling function the law recruits, builds, shapes, sustains; and promotes social institutions. My exploration of this topic will have …
Fifth Amendment Takings Implications Of The 1990 Native American Graves Protection And Repatriation Act, Ralph W. Johnson, Sharon I. Haensly
Fifth Amendment Takings Implications Of The 1990 Native American Graves Protection And Repatriation Act, Ralph W. Johnson, Sharon I. Haensly
Articles
In November 1990, Congress passed the Native American Graves Protection and Repatriation Act ("NAGPRA"). NAGPRA provides for the protection and disposition of Native American cultural items discovered on federal or tribal lands after NAGPRA's effective date. NAGPRA also addresses disposition of those objects currently held or controlled by federal agencies and museums. NAGPRA represents Congress' attempt to resolve years of debate between tribes, archaeologists, and museums. Like any legislative pronouncement, however, Congress left key issues to agencies and courts to resolve. This article focuses upon one such area, namely, Fifth Amendment takings questions that may arise when tribes or individual …
Coordinating Sanctions For Corporate Misconduct: Civil Or Criminal Punishment, David Yellen, Carl J. Mayer
Coordinating Sanctions For Corporate Misconduct: Civil Or Criminal Punishment, David Yellen, Carl J. Mayer
Articles
No abstract provided.
Rights And 'Rights Talk' (Reviewing Mary Ann Glendon, Rights Talk: The Impoverishment Of Political Discourse (1991)), Richard A. Epstein
Rights And 'Rights Talk' (Reviewing Mary Ann Glendon, Rights Talk: The Impoverishment Of Political Discourse (1991)), Richard A. Epstein
Articles
No abstract provided.
An Excerpt From When Lawyers Write, Richard H. Weisberg
An Excerpt From When Lawyers Write, Richard H. Weisberg
Articles
No abstract provided.
Principle Versus Politics: The Solicitor General's Office In Constitutional And Bureaucratic Theory, John O. Mcginnis
Principle Versus Politics: The Solicitor General's Office In Constitutional And Bureaucratic Theory, John O. Mcginnis
Articles
No abstract provided.
Fifty Jurisdictions In Search Of A Standard: The Covenant Of Good Faith And Fair Dealing In The Employment Context, Monique C. Lillard
Fifty Jurisdictions In Search Of A Standard: The Covenant Of Good Faith And Fair Dealing In The Employment Context, Monique C. Lillard
Articles
No abstract provided.
Interviewing In A Changing World: How To Conduct A Pre-Employment Interview Within The Bounds Of The Law, Maureen Laflin
Interviewing In A Changing World: How To Conduct A Pre-Employment Interview Within The Bounds Of The Law, Maureen Laflin
Articles
No abstract provided.
Of Wolves And Welfare Ranching, Dale Goble
Prior Appropriation And The Property Clause: A Dialogue Of Accommodation, Dale Goble
Prior Appropriation And The Property Clause: A Dialogue Of Accommodation, Dale Goble
Articles
No abstract provided.
The Indivisibility Of Liberty Under The Bill Of Rights, Richard A. Epstein
The Indivisibility Of Liberty Under The Bill Of Rights, Richard A. Epstein
Articles
No abstract provided.
Affirmative Action In Law Schools: The Uneasy Truce, Richard A. Epstein
Affirmative Action In Law Schools: The Uneasy Truce, Richard A. Epstein
Articles
No abstract provided.
Neutrality In Constitutional Law (With Special Reference To Pornography, Abortion, And Surrogacy), Cass R. Sunstein
Neutrality In Constitutional Law (With Special Reference To Pornography, Abortion, And Surrogacy), Cass R. Sunstein
Articles
No abstract provided.
On Marshall's Conception Of Equality Tribute, Cass R. Sunstein
On Marshall's Conception Of Equality Tribute, Cass R. Sunstein
Articles
No abstract provided.
On Property And Constitutionalism Comparative Constitutionalism: Theoretical Perspectives On The Role Of Constitutions In The Interplay Between Identity And Diversity, Cass R. Sunstein
Articles
No abstract provided.
A View From The Box: The Law Professor As Juror, Richard H. Mcadams
A View From The Box: The Law Professor As Juror, Richard H. Mcadams
Articles
No abstract provided.
Voluntary Petitions And The Creditors' Bargain, Randal C. Picker
Voluntary Petitions And The Creditors' Bargain, Randal C. Picker
Articles
No abstract provided.