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Qualified Plans And Identifying Tax Expenditures: A Rejoinder To Professor Stein, Edward A. Zelinsky Oct 1991

Qualified Plans And Identifying Tax Expenditures: A Rejoinder To Professor Stein, Edward A. Zelinsky

Articles

No abstract provided.


The Fourth Amendment And Its Exclusionary Rule, Yale Kamisar Sep 1991

The Fourth Amendment And Its Exclusionary Rule, Yale Kamisar

Articles

"The history of liberty," Justice Felix Frankfurter once noted, "has largely been the history of observance of procedural safeguards" and "the history of the destruction of liberty," Professor Anthony Amsterdam has added, "has largely been the history of the relaxation of those safeguards in the face of plausible sounding governmental claims of a need to deal with widely frightening and emotion freighted threats to the good order of society." These plausible-sounding government claims are being heard today -and they are putting enormous pressure on the Fourth Amendment, the constitutional provision that protects "the right of the people to be secure …


Copyright As Myth, Jessica D. Litman Sep 1991

Copyright As Myth, Jessica D. Litman

Articles

It has become fashionable to seek to formulate, or reformulate, copyright law as an expression of overarching grand theory. Perhaps the most prominent manifestation of this trend has been the recasting of copyright law in the mold of economic incentives; a more recent upstart competitor seeks to reclaim the debate by invoking the philosophical precepts of Hohfeld, Hegel and Locke. Occasionally, the literature gives us polite debates about which of the competing theoretical models is more misguided. Meanwhile, another voice in the copyright literature has been complaining that the law is remarkably unaccommodating of the actual process of creating works …


Fragile Gains: Two Centuries Of Canadian And United States Policy Toward Indians, Ralph W. Johnson Jul 1991

Fragile Gains: Two Centuries Of Canadian And United States Policy Toward Indians, Ralph W. Johnson

Articles

The United States and Canada share a common history in their policies toward and legal treatment of the Native Americans that historically have occupied both countries. The Royal Proclamation of 1763 established a policy of recognizing Aboriginal title and treating with Indians that was binding on the colonies that preceded both countries, and influenced both governments in later dealings with tribes. Assimilationist themes are evident as well in the national policy toward Indians in both countries. Nevertheless, historically and in the present, national policies and laws of the two governments can be contrasted. This Article sets forth a detailed comparison …


Modeling Ultrasound Speckle Formation And Its Dependence On Imaging System’S Impulse Response, Navalgund A. H. K. Rao, Hui Zhu Jul 1991

Modeling Ultrasound Speckle Formation And Its Dependence On Imaging System’S Impulse Response, Navalgund A. H. K. Rao, Hui Zhu

Articles

Ultrasonic echoes, backscattered from an inhomogeneous medium have the character of a random signal, which is mainly responsible for the observed speckle in medical images. Such a medium can be modeled as a uniform matrix with scattering bodies distributed randomly. When the number of density of scatterers is high, the individual scatterers are not resolved by the imaging process, and a speckle pattern is produced as a result of interference of waves from many scatterers within the resolution cell volume. This cell volume depends on the beam profile and the pulse width of the interrogating pulse. We have used a …


United States V. United States: When Can The Federal Government Sue Itself?, Michael E. Herz Jul 1991

United States V. United States: When Can The Federal Government Sue Itself?, Michael E. Herz

Articles

No abstract provided.


Oil And The Public Trust Doctrine In Washington, Ralph W. Johnson Apr 1991

Oil And The Public Trust Doctrine In Washington, Ralph W. Johnson

Articles

The tragic spill of millions of gallons of oil into Alaska's Prince William Sound alerted the people of Washington to the danger of spills in Puget Sound. In Washington, the danger heightens as the amount of oil transported through the Sound increases. Indeed, Coast Guard figures show about 1,500 tanker movements in Puget Sound in 1988, a 50 percent increase over 1974.2 Moreover, the spill from the Exxon Valdez taught us that, because very little can be done after a spill, the only truly effective means of preventing damage from oil spills is to prevent them in the first place. …


Degnerate Four-Wave Mixing In Rhodamine Doped Epoxy Waveguides, B. Rossi, Hugh Byrne, W. Blau Apr 1991

Degnerate Four-Wave Mixing In Rhodamine Doped Epoxy Waveguides, B. Rossi, Hugh Byrne, W. Blau

Articles

Self-diffraction from laser-induced gratings is observed in a 13 pm-thick film of rhodamine I3 doped epoxy. The decay of the grating is measured to be 2.05 ns. Degenerate forward four-wave mixing in a guided geometry is observed by coupling out all beams after nronagation over 1 mm. At 595 nm the third-order nonlinear susceptibility of the film is measured to be 1.5~10-‘~ m2Ve2.


Metro Broadcasting, Inc. V Fcc: Affirmative Action At The Crossroads Of Constitutional Liberty And Equality, Michel Rosenfeld Feb 1991

Metro Broadcasting, Inc. V Fcc: Affirmative Action At The Crossroads Of Constitutional Liberty And Equality, Michel Rosenfeld

Articles

The article examines the Supreme Court's inconsistent approach to affirmative action, particularly through the lens of *Metro Broadcasting, Inc. v. FCC*, which upheld the FCC's race-based policies to promote broadcast diversity. While the decision aligns with constitutional values of equality and free speech, the Court's opinions fail to coherently reconcile liberty and equality principles. The article argues for a more integrated framework to address the complexities of affirmative action jurisprudence and its intersection with First Amendment rights.


Does The Camel Have Its Nose In The Tent: Individual Religious Freedom V. Prayer In Public Schools, Elizabeth Brandt Jan 1991

Does The Camel Have Its Nose In The Tent: Individual Religious Freedom V. Prayer In Public Schools, Elizabeth Brandt

Articles

No abstract provided.


Of Defamation And Decisionmaking: Wiemer V. Rankin And The Abdication Of Appellate Responsibility, Dale Goble Jan 1991

Of Defamation And Decisionmaking: Wiemer V. Rankin And The Abdication Of Appellate Responsibility, Dale Goble

Articles

No abstract provided.


Civil Rights And Remedies, Frank H. Easterbrook Jan 1991

Civil Rights And Remedies, Frank H. Easterbrook

Articles

No abstract provided.


Rationing Access To Medical Care: Some Sober Second Thoughts, Richard A. Epstein Jan 1991

Rationing Access To Medical Care: Some Sober Second Thoughts, Richard A. Epstein

Articles

No abstract provided.


Taxes, Agency Costs, And The Price Of Incorporation, Saul Levmore, Hideki Kanda Jan 1991

Taxes, Agency Costs, And The Price Of Incorporation, Saul Levmore, Hideki Kanda

Articles

No abstract provided.


Remarks On Law And Literature, Richard A. Posner Jan 1991

Remarks On Law And Literature, Richard A. Posner

Articles

No abstract provided.


Uniformity Or Diversity: Residential Real Estate Finance Law In The 1990'S And The Implications Of Changing Financial Markets, Michael H. Schill Jan 1991

Uniformity Or Diversity: Residential Real Estate Finance Law In The 1990'S And The Implications Of Changing Financial Markets, Michael H. Schill

Articles

No abstract provided.


Three Civil Rights Fallacies, Cass R. Sunstein Jan 1991

Three Civil Rights Fallacies, Cass R. Sunstein

Articles

No abstract provided.


Controversial Scholarship And Faculty Appointments: A Dean's View, Geoffrey R. Stone Jan 1991

Controversial Scholarship And Faculty Appointments: A Dean's View, Geoffrey R. Stone

Articles

No abstract provided.


The Law And Economics Of Racial Discrimination In Employment: The Case For Numerical Standards, David A. Strauss Jan 1991

The Law And Economics Of Racial Discrimination In Employment: The Case For Numerical Standards, David A. Strauss

Articles

No abstract provided.


Justice Brennan And The Freedom Of Speech: A First Amendment Odyssey, Geoffrey R. Stone Jan 1991

Justice Brennan And The Freedom Of Speech: A First Amendment Odyssey, Geoffrey R. Stone

Articles

No abstract provided.


How Not To Promote Serious Deliberation About Abortion, Michael W. Mcconnell Jan 1991

How Not To Promote Serious Deliberation About Abortion, Michael W. Mcconnell

Articles

No abstract provided.


Multiculturalism, Majoritarianism, And Educational Choice: What Does Our Constitutional Tradition Have To Say?, Michael W. Mcconnell Jan 1991

Multiculturalism, Majoritarianism, And Educational Choice: What Does Our Constitutional Tradition Have To Say?, Michael W. Mcconnell

Articles

No abstract provided.


A Response To Professor Marshall, Michael W. Mcconnell Jan 1991

A Response To Professor Marshall, Michael W. Mcconnell

Articles

No abstract provided.


Accommodation Of Religion: An Update And A Response To The Critics, Michael W. Mcconnell Jan 1991

Accommodation Of Religion: An Update And A Response To The Critics, Michael W. Mcconnell

Articles

No abstract provided.


The Fourteenth Amendment: A Second American Revolution Or The Logical Culmination Of The Tradition, Michael W. Mcconnell Jan 1991

The Fourteenth Amendment: A Second American Revolution Or The Logical Culmination Of The Tradition, Michael W. Mcconnell

Articles

No abstract provided.


Ancient Law And The Punishment Of Corporations: Of Frankpledge And Deodand, Albert W. Alschuler Jan 1991

Ancient Law And The Punishment Of Corporations: Of Frankpledge And Deodand, Albert W. Alschuler

Articles

No abstract provided.


The Failure Of Sentencing Guidelines: A Plea For Less Aggregation, Albert Alschuler Jan 1991

The Failure Of Sentencing Guidelines: A Plea For Less Aggregation, Albert Alschuler

Articles

No abstract provided.


Tuskegee Modern, Or Group Rights Under The Constitution, Richard A. Epstein Jan 1991

Tuskegee Modern, Or Group Rights Under The Constitution, Richard A. Epstein

Articles

No abstract provided.


Black, Brown, Poor & Poisoned: Minority Grassroots Environmentalism And The Quest For Eco-Justice, Michael H. Schill, Regina Austin Jan 1991

Black, Brown, Poor & Poisoned: Minority Grassroots Environmentalism And The Quest For Eco-Justice, Michael H. Schill, Regina Austin

Articles

No abstract provided.


Takings, Torts, And Special Interests, Saul Levmore Jan 1991

Takings, Torts, And Special Interests, Saul Levmore

Articles

No abstract provided.