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Articles 12061 - 12090 of 14003
Full-Text Articles in Entire DC Network
Flag Burning And The Constitution, Geoffrey R. Stone
Court-Annexed Arbitration: The Wrong Cure The Role Of The Jury In Civil Dispute Resolution, Diane P. Wood
Court-Annexed Arbitration: The Wrong Cure The Role Of The Jury In Civil Dispute Resolution, Diane P. Wood
Articles
No abstract provided.
Appropriations Of Power, Gerhard Casper
Property Rights And The New Legal Order (Panel Discussion), Richard A. Epstein
Property Rights And The New Legal Order (Panel Discussion), Richard A. Epstein
Articles
No abstract provided.
No New Property, Richard A. Epstein
The Independence Of Judges: The Uses And Limitations Of Public Choice Theory, Richard A. Epstein
The Independence Of Judges: The Uses And Limitations Of Public Choice Theory, Richard A. Epstein
Articles
No abstract provided.
Compassion And Compulsion, Richard A. Epstein
Religious Liberty In The Welfare State, Richard A. Epstein
Religious Liberty In The Welfare State, Richard A. Epstein
Articles
No abstract provided.
Continental Law And Common Law: Historical Strangers Or Companions?, Richard H. Helmholz
Continental Law And Common Law: Historical Strangers Or Companions?, Richard H. Helmholz
Articles
No abstract provided.
Origins Of The Privilege Against Self-Incrimination: The Role Of The European Ius Commune, Richard H. Helmholz
Origins Of The Privilege Against Self-Incrimination: The Role Of The European Ius Commune, Richard H. Helmholz
Articles
Current orthodoxy holds that the fifth amendment's privilege against self-incrimination has its roots in the seventeenth-century triumph of enlightened English common law over the older tradition of continental common law and the English ecclesiastical courts which used this tradition to limit religious freedom. In this Article, Professor Helmholz presents and analyzes documentary evidence demonstrating the inaccuracy of this account. These documents reveal that the continental blend of Roman and canon law known as the ius commune had long recognized the privilege against selfincrimination, and that English ecclesiastical courts first considered arguments for the privilege based on this body of law. …
A Reconsideration Of The Relevance And Materiality Of The Preamble In Constitutional Interpretation, Brian Leiter, Carole E. Handler, Milton Handler
A Reconsideration Of The Relevance And Materiality Of The Preamble In Constitutional Interpretation, Brian Leiter, Carole E. Handler, Milton Handler
Articles
No abstract provided.
Just Compensation And Just Politics, Saul Levmore
Purchase Money Security Interest In Inventory: If It Does Not Float, It Must Be Dead!, D. Benjamin Beard
Purchase Money Security Interest In Inventory: If It Does Not Float, It Must Be Dead!, D. Benjamin Beard
Articles
No abstract provided.
Fairness To The Absent Members Of A Defendant Class: A Proposed Revision Of Rule 23, Elizabeth Brandt
Fairness To The Absent Members Of A Defendant Class: A Proposed Revision Of Rule 23, Elizabeth Brandt
Articles
No abstract provided.
The Third Best Choice: An Essay On Law And History, Theodore Y. Blumoff
The Third Best Choice: An Essay On Law And History, Theodore Y. Blumoff
Articles
The thesis of this Essay is that our use of history is as essential and unavoidable as conclusive answers are irretrievable. Irretrievability exists whether the historical reality sought results from a survey of traditional historical materials in an effort to recapture original understanding, or from a common-law effort to discover the Court's own history of an issue. In either case, however, the need to attempt to recover historical truths is perceived as essential. I subscribe, for the most part, to the contextualist premise that we cannot recover sufficient historical data on issues that matter to make history determinate in the …
Law And Administration After Chevron, Cass R. Sunstein
Paradoxes Of The Regulatory State, Cass R. Sunstein
Political Economy, Administrative Law: A Comment Comment, Cass R. Sunstein
Political Economy, Administrative Law: A Comment Comment, Cass R. Sunstein
Articles
No abstract provided.
Principles, Not Fictions Exchange, Cass R. Sunstein
Republicanism And The Preference Problem, Cass R. Sunstein
Republicanism And The Preference Problem, Cass R. Sunstein
Articles
No abstract provided.
Republicanism, Rights: A Comment On Pangle, Cass R. Sunstein
Republicanism, Rights: A Comment On Pangle, Cass R. Sunstein
Articles
No abstract provided.
Why The Unconstitutional Conditions Doctrine Is An Anachronism (With Particular Reference To Religion, Speech, And Abortion), Cass R. Sunstein
Why The Unconstitutional Conditions Doctrine Is An Anachronism (With Particular Reference To Religion, Speech, And Abortion), Cass R. Sunstein
Articles
No abstract provided.
Unity And Plurality: The Case Of Compulsory Oaths, Cass R. Sunstein
Unity And Plurality: The Case Of Compulsory Oaths, Cass R. Sunstein
Articles
No abstract provided.
Can Employers Exclude Women Because Of Concerns For The Health And Safety Of Potential Fetuses?, Mary E. Becker
Can Employers Exclude Women Because Of Concerns For The Health And Safety Of Potential Fetuses?, Mary E. Becker
Articles
No abstract provided.
Mandatory Retaliation For Breach Of Trade Agreements: Some Thoughts On The Strategic Design Of Section 301, Alan O. Sykes
Mandatory Retaliation For Breach Of Trade Agreements: Some Thoughts On The Strategic Design Of Section 301, Alan O. Sykes
Articles
No abstract provided.
Principles Against Executions, David Weissbrodt, Terri Rosen
Principles Against Executions, David Weissbrodt, Terri Rosen
Articles
The right to be free from extra-legal, arbitrary, or summary ex- ecutions is recognized in a number of international human rights in- struments. Such killings violate article 6 of the International Covenant on Civil and Political Rights,' which provides that "every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life."
Major Developments In 1990 At The Un Commission On Human Rights, Reed Brody, Penny Parker, David Weissbrodt
Major Developments In 1990 At The Un Commission On Human Rights, Reed Brody, Penny Parker, David Weissbrodt
Articles
The forty-sixth session of the United Nations Commission on Human Rights met from 29 January to 9 March 1990. It was the first meeting of the Com- mission following the democratic changes in Central Europe, the suppression of the pro-democracy movement in China, and the US invasion of Panama. The Commission also met after the General Assembly had called for an enlargement of its membership to remedy the under-representation of third world countries, while asking the Commission to study ways of making its work more effective.
The 41st Session Of The Un Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, Robin M. Maher, David Weissbrodt
The 41st Session Of The Un Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, Robin M. Maher, David Weissbrodt
Articles
The forty-first session ofthe Sub-Commission on Prevention of Discrimination and Protection of Minorities (hereinafter the Sub-Commission) met in August 1989 to address a number of human rights situations that had come to worldwide attention since 1988. The session followed the bloody suppres- sion of demonstrations in the People's Republic of China, a rash of bombings and political assassinations in Colombia, and the use of chemical weapons against unarmed civilians in Iraq. Moreover, unusual political pressures from a variety of sources played an important role. As the Sub-Commission de- bated its first resolution on a country which holds a permanent seat …
Just Deserts For Juveniles: Punishment V. Treatment And The Difference It Makes, Barry Feld
Just Deserts For Juveniles: Punishment V. Treatment And The Difference It Makes, Barry Feld
Articles
No abstract provided.
The (Unlikely) Death Of Property, James E. Krier
The (Unlikely) Death Of Property, James E. Krier
Articles
Is property dead? Thomas Grey has argued that it is.' If he is right, we have an answer to the principal question of this symposium panel, which asks whether regulation and property are allies or enemies. If Professor Grey is right, they are neitherbecause property no longer exists. If he is wrong (as I believe he partly is), then, I argue, regulation and property are allies and enemies alike, and will remain so.