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Articles 12271 - 12300 of 14045
Full-Text Articles in Entire DC Network
Perspectives On The Deferral Of U.S. Taxation Of The Earnings Of Foreign Corporations, Joseph Isenbergh
Perspectives On The Deferral Of U.S. Taxation Of The Earnings Of Foreign Corporations, Joseph Isenbergh
Articles
No abstract provided.
Irregular' Asylum Seekers: What's All The Fuss?, James C. Hathaway
Irregular' Asylum Seekers: What's All The Fuss?, James C. Hathaway
Articles
In 1985, the Executive Committee of UNHCR noted its concern about "the growing phenomenon of refugees and asylum-seekers who, having found protection in one country, move in an irregular manner to another country..." (Conclusion No. 36, para. j). At first glance, one might not view this conclusion as objectionable. With all of the millions of refugees in the world, most of who have no protection, why should we be concerned about the lot of a bunch of ingrates who, having already found protection, now want to move on in search of greener pastures? Don't we really have better things to …
Nollan, Henry George, And Exactions, Stewart E. Sterk
Nollan, Henry George, And Exactions, Stewart E. Sterk
Articles
The article examines the legal and economic implications of exactions, particularly in light of the Supreme Court's decision in Nollan v. California Coastal Commission. While exactions—requirements imposed on developers to provide municipal benefits—can theoretically promote efficiency and fairness, the analysis suggests that their practical implementation by municipalities is fraught with challenges. These challenges include the potential for inefficiency, unfairness, and arbitrary decision-making, which may undermine their effectiveness and raise constitutional concerns. The article argues that the concerns expressed in Nollan and other cases stem from the fear that exaction schemes could lead to inefficient and unfair municipal behavior, as well …
Individual Autonomy And Collective Empowerment In Labor Law: Union Membership Resignations And Strikebreaking In The New Economy, David Abraham
Individual Autonomy And Collective Empowerment In Labor Law: Union Membership Resignations And Strikebreaking In The New Economy, David Abraham
Articles
In this Article, Doctor Abraham studies the tensions between individual rights and theories of collective action in the context of union membership resignations and strikebreaking. He argues that recent judicial and executive tendencies to value individual worker autonomy over collective union action are misguided, lacking a basis in both legal precedent and social reality. In support of his view, Abraham first explores the philosophical and historical-sociological roots of labor and labor-capital relations, focusing on the meaning of employment and the history of collective action. Next, he examines the social and legal origins of the judiciary's recent tendency to increase union …
Nonrefundable Retainers: Impermissible Under Fiduciary, Statutory And Contract Law, Lester Brickman, Lawrence A. Cunningham
Nonrefundable Retainers: Impermissible Under Fiduciary, Statutory And Contract Law, Lester Brickman, Lawrence A. Cunningham
Articles
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. This 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. Among the more provocative contributors to this ongoing debate, Professor Steven Lubet recently reviewed our work advocating the ban against nonrefundable retainers and posed …
Coming Of Age Some More: "Law And Literature" Beyond The Cradle, Richard H. Weisberg
Coming Of Age Some More: "Law And Literature" Beyond The Cradle, Richard H. Weisberg
Articles
The article explores the historical development and significance of the Law and Literature movement, emphasizing the importance of literature in understanding legal reasoning, judicial writing, and professional ethics. It highlights how literature provides unique insights into the legal profession and advocates for its integration into legal education and practice to enhance ethical understanding and communication skills.
Lawyers And Informal Justice: The Case Of A Public Housing Eviction Board, Richard O. Lempert, Karl Monsma
Lawyers And Informal Justice: The Case Of A Public Housing Eviction Board, Richard O. Lempert, Karl Monsma
Articles
When lawyers think of civil procedure they almost invariably think of the rules of civil procedure and the formality they entail. A course in civil procedure focusing almost exclusively on the Federal Rules of Civil Procedure is in most law schools part of the traditional first-year curriculum. Indeed some would argue that it is at the core of that curriculum, for more than any other first-year course it takes students away from familiar moral anchors and instructs them in a set of distinctively legal practices and values. The ability to manipulate the legal system's rules of procedure is the most …
The Continuity Of Legislatures: Of Contracts And The Contracts Clause, Stewart E. Sterk
The Continuity Of Legislatures: Of Contracts And The Contracts Clause, Stewart E. Sterk
Articles
Legislatures change constantly. Each election brings new legislators and removes old ones. Those who remain are nevertheless affected by the changes in composition, and by other changes wrought by the passage of time. These changes in composition and changes in external stimuli inevitably produce pressure for changes in policy. And in a democratic system, legislatures are generally free to reverse or modify the policies of their predecessors.
Terrorism On The High Seas: The Achille Lauro, Piracy And The Imo Convention On Maritime Safety, Malvina Halberstam
Terrorism On The High Seas: The Achille Lauro, Piracy And The Imo Convention On Maritime Safety, Malvina Halberstam
Articles
No abstract provided.
Feminism Unmodified, Cass R. Sunstein
Evaluating A Computer Program With A Structured Expert Review Process, Dennis G. Watson, Mary P. Andrews, Roger C. Brook
Evaluating A Computer Program With A Structured Expert Review Process, Dennis G. Watson, Mary P. Andrews, Roger C. Brook
Articles
A structured expert review process was implemented to evaluate the technical content and usability of a program on aeration system design for grain storages. Technical evaluation was used to determine if the computer program generated solutions similar to expert solutions. Other aspects of the evaluation focused on measures of ease of use, effectiveness of information conveyance and usefulness of solution. The evaluation procedure and questionnaires are described and results from the evaluation of an aeration system design program are summarized. The evaluation process served to validate the aeration system design program, generate suggestions for improving the program, identify areas for …
Jurisprudential Responses To Legal Realism, Richard A. Posner
Jurisprudential Responses To Legal Realism, Richard A. Posner
Articles
No abstract provided.
The Mistakes Of 1937, Richard A. Epstein
Aids, Testing And The Workplace, Richard A. Epstein
United They Stand Divided They Fall: Public Choice Theory And The Tax Code, Julie Roin
United They Stand Divided They Fall: Public Choice Theory And The Tax Code, Julie Roin
Articles
No abstract provided.
A Moral Realist Defense Of Constitutional Democracy, Michael W. Mcconnell
A Moral Realist Defense Of Constitutional Democracy, Michael W. Mcconnell
Articles
No abstract provided.
Legality, Activism, And The Patronage Case, David A. Strauss
Legality, Activism, And The Patronage Case, David A. Strauss
Articles
No abstract provided.
Stability And Reliability In Judicial Decisions, Frank H. Easterbrook
Stability And Reliability In Judicial Decisions, Frank H. Easterbrook
Articles
No abstract provided.
The Jurisprudence Of Skepticism, Richard A. Posner
Contract Rights And Property Rights: A Case Study In The Relationship Between Individual Liberties And Constitutional Structure, Michael W. Mcconnell
Contract Rights And Property Rights: A Case Study In The Relationship Between Individual Liberties And Constitutional Structure, Michael W. Mcconnell
Articles
In this Essay, Professor McConnell argues that constitutional interpretation should extend beyond the substantive principles expressed in the Constitution to the structural and institutional choices of the Framers. As an example, he explores possible explanations for the disparate treatment the Constitution accords to property and contract rights. Despite the Founders' general commitment to the preservation of private contract and property rights, the contracts clause, by its terms, applies only to state governments, while the just compensation clause applies solely to the federal government. Part I of the Essay summarizes the textual problem posed by the contracts and just compensation clauses. …
Book Review (Reviewing Eskridge, William N., J., Cases And Materials On Legislation: Statutes And The Creation Of Public Policy (1988)), Richard A. Posner
Book Review (Reviewing Eskridge, William N., J., Cases And Materials On Legislation: Statutes And The Creation Of Public Policy (1988)), Richard A. Posner
Articles
No abstract provided.
Blackmail, Ronald H. Coase
The Constitution Of Business, Frank H. Easterbrook
The Role Of Original Intent In Statutory Construction, Frank H. Easterbrook
The Role Of Original Intent In Statutory Construction, Frank H. Easterbrook
Articles
No abstract provided.
Modern Republicanism--Or The Flight From Substance, Richard A. Epstein
Modern Republicanism--Or The Flight From Substance, Richard A. Epstein
Articles
No abstract provided.
Foreword: Unconstitutional Conditions, State Power, And The Limits Of Consent, Richard A. Epstein
Foreword: Unconstitutional Conditions, State Power, And The Limits Of Consent, Richard A. Epstein
Articles
No abstract provided.
The Unintended Revolution In Product Liability Law, Richard A. Epstein
The Unintended Revolution In Product Liability Law, Richard A. Epstein
Articles
No abstract provided.
The Ubiquity Of Prophylactic Rules, David A. Strauss
Strategic Delays And Fiduciary Duties, Saul Levmore
In Defense Of The Regulation Of Insider Trading, Saul Levmore
In Defense Of The Regulation Of Insider Trading, Saul Levmore
Articles
No abstract provided.