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Articles 12301 - 12330 of 14045
Full-Text Articles in Entire DC Network
The Depiction Of Law In The Bonfire Of The Vanities, Richard A. Posner
The Depiction Of Law In The Bonfire Of The Vanities, Richard A. Posner
Articles
No abstract provided.
Federal Reserve Board's Liberalization Of Restrictions On Ldc Debt-Equity Swaps, The Recent Development, Javier Rubinstein
Federal Reserve Board's Liberalization Of Restrictions On Ldc Debt-Equity Swaps, The Recent Development, Javier Rubinstein
Articles
No abstract provided.
A Passion For Justice, Geoffrey R. Stone
Wally Tributes, Geoffrey R. Stone
Precedent, The Amendment Process, And Evolution In Constitutional Doctrine, Geoffrey R. Stone
Precedent, The Amendment Process, And Evolution In Constitutional Doctrine, Geoffrey R. Stone
Articles
No abstract provided.
The Constitution In The Supreme Court: 1946-1953, David P. Currie
The Constitution In The Supreme Court: 1946-1953, David P. Currie
Articles
No abstract provided.
Rent Control And The Theory Of Efficient Regulation, Richard A. Epstein
Rent Control And The Theory Of Efficient Regulation, Richard A. Epstein
Articles
No abstract provided.
Classical Legal Tradition, Richard A. Epstein
Covenants And Constitutions, Richard A. Epstein
Erisa's Fundamental Contradiction: The Exclusive Benefit Rule, John H. Langbein, Daniel R. Fischel
Erisa's Fundamental Contradiction: The Exclusive Benefit Rule, John H. Langbein, Daniel R. Fischel
Articles
No abstract provided.
Employment At Will: The French Experience As A Basis For Reform, Madeleine M. Plasencia
Employment At Will: The French Experience As A Basis For Reform, Madeleine M. Plasencia
Articles
Roughly one-quarter of the workers in the United States are represented by unions, leaving three-quarters subject to the vicissitudes of the employment-at-will doctrine.' At-will employees, as a general matter, lack protection against dismissal without cause.2 That is, an employer may dismiss an "at will" employee without notice, "for good reason, bad reason or no reason at all," so long as the proffered reasons for dismissal do not violate random whistle-blowing provisions or federal and state anti-discrimination statutes.' The mirror image of the employer's right to dismiss at will is the right of an employee who was hired to perform work …
Climbing The Most Dangerous Branch: Legisprudence And The New Legal Process (Book Review), A. Michael Froomkin
Climbing The Most Dangerous Branch: Legisprudence And The New Legal Process (Book Review), A. Michael Froomkin
Articles
No abstract provided.
Sexual Orientation And The Constitution: A Note On The Relationship Between Due Process And Equal Protection Essays, Cass R. Sunstein
Sexual Orientation And The Constitution: A Note On The Relationship Between Due Process And Equal Protection Essays, Cass R. Sunstein
Articles
No abstract provided.
Standing And The Privatization Of Public Law, Cass R. Sunstein
Standing And The Privatization Of Public Law, Cass R. Sunstein
Articles
No abstract provided.
Beyond The Republican Revival, Cass R. Sunstein
Beyond The Republican Revival, Cass R. Sunstein
Articles
In this Article, Professor Sunstein describes those aspects of republicanism that have the strongest claim to contemporary support, outlines the role of republican thought in the founding period, and explores some of the implications of republicanism for modern public law. Sunstein claims that the basic republican commitments involve (1) deliberation in government; (2) political equality; (3) universality, or agreement as a regulative ideal; and (4) citizenship. Professor Sunstein contends that all of these commitments played an important role during the founding period, generating a distinctive conception of governance. In his view, the common opposition between liberalism and republicanism is a …
Market And Regulatory Approaches To Medical Malpractice: The Virginia Obstetrical No-Fault Statute, Richard A. Epstein
Market And Regulatory Approaches To Medical Malpractice: The Virginia Obstetrical No-Fault Statute, Richard A. Epstein
Articles
No abstract provided.
Aids Testing In The Health Care Setting, James D. Holzhauer
Aids Testing In The Health Care Setting, James D. Holzhauer
Articles
No abstract provided.
Trashing The German Advantage, John H. Langbein
The Twentieth-Century Revolution In Family Wealth Transmission, John H. Langbein
The Twentieth-Century Revolution In Family Wealth Transmission, John H. Langbein
Articles
No abstract provided.
The 39th Session Of The Un Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, Sonia Rosen, David Weissbrodt
The 39th Session Of The Un Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, Sonia Rosen, David Weissbrodt
Articles
The 39th session of the UN Sub-Commission on Prevention of Discrimination and Protection of Minorities (Sub-Commission) was held from 10 August through 4 September 1987 in Geneva, Switzerland. The Sub-Commission, established in 1947 as a subsidiary body of the Commission on Human Rights (Commission), is composed of 26 experts who are elected by the Commission. The experts are elected in their individual capacities rather than as representatives of their governments. The Sub-Commission meets annually in August-September to undertake studies and make recom- mendations to the Commission on a wide range of human rights
Enforcement Of The Domestic Abuse Act In Minnesota: A Preliminary Study, Beverly Balos, Katie Trotzky
Enforcement Of The Domestic Abuse Act In Minnesota: A Preliminary Study, Beverly Balos, Katie Trotzky
Articles
The Minnesota Department of Corrections latest figures esti- mate that over 63,000 incidents of domestic battering occur each year in the state of Minnesota.1 Due to the inefficiencies and gaps in the reporting system, in Minnesota and across the United States, the true magnitude of the problem is difficult to document. Researchers have estimated, however, that over 1.7 million people in the United States have at some time faced a spouse with a gun or a knife, and that well over two million have experienced a beating by their spouse.2 Thus, while accurate documentation is difficult due to the severe …
Country-Related And Thematic Developments At The 1988 Session Of The U.N. Commission On Human Rights, David Weissbrodt
Country-Related And Thematic Developments At The 1988 Session Of The U.N. Commission On Human Rights, David Weissbrodt
Articles
The United Nations Commission on Human Rights is the principal and most important political organ of the United Nations concerned principally with human rights.1 ; The Commission meets for six weeks every year in February and March. This year, for example, it met from 1 February through 11 March 1988.2 The Commission is comprised of forty-three government represent- atives who are elected by the Economic and Social Council of the United Nations. The Economic and Social Council is, in turn, a subsidiary body of the United Nations General Assembly. When the UN Charter was written in 1945, the subject of …
The Role Of International Organizations In The Implementation Of Human Rights And Humanitarian Law In Situations Of Armed Conflict, David Weissbrodt
The Role Of International Organizations In The Implementation Of Human Rights And Humanitarian Law In Situations Of Armed Conflict, David Weissbrodt
Articles
No abstract provided.
Becket At The Bar--The Conflicting Obligations Of The Solicitor General, Eric Schnapper
Becket At The Bar--The Conflicting Obligations Of The Solicitor General, Eric Schnapper
Articles
This Article suggests that the Solicitor General has five quite distinct responsibilities: to provide the Supreme Court with accurate and balanced information, to help to shape the Court's docket, to assure that the government's presentations maintain a high level of professionalism, to frame government positions which strike an appropriate balance between justice and advocacy, and to identify the interests and policies of the government client whom he represents. These responsibilities at times place the Solicitor General under conflicting obligations, not merely conflicts between his or her duties to the Court and to the administration, but conflicts in the Solicitor General's …
Deferral To Arbitration And Use Of External Law In Arbitration, Theodore J. St. Antoine
Deferral To Arbitration And Use Of External Law In Arbitration, Theodore J. St. Antoine
Articles
proper definition of the appropriate roles of arbitrators, administrative agencies and the courts depends in great part on the notion that, generally speaking, in labor relations, the interpretation and application of contracts is for arbitrators, and the interpretation and application of statutes is for the administrative agencies and the courts. Arbitrators deal primarily with contract rights and administrative agencies, like the NLRB and the courts, deal primarily with statutory rights. If that distinction is maintained, the problems of deferral to arbitration and the use of external law in arbitration can be more easily resolved.
Taxation And U.S. Multinational Investment, James R. Hines Jr.
Taxation And U.S. Multinational Investment, James R. Hines Jr.
Articles
In 1985, nonbank U.S. multinational companies employed 24.5 million workers, had worldwide sales of almost $3.5 trillion, and net income of $150 billion on assets of $4.2 trillion. The foreign (non-U.S.) affiliates of these companies had 6.4 million employees, $900 billion of those sales, and $43 billion of net income, with assets of $838 billion. United States multinationals accounted for roughly three-quarters of total American merchandise exports in 1985 and half of total imports, with approximately 40 percent of each category arising from transfers within U.S. multinationals between American parent firms and their own foreign affiliates. And 1985 is widely …
Some Modest Proposals On The Vice-Presidency, Richard D. Friedman
Some Modest Proposals On The Vice-Presidency, Richard D. Friedman
Articles
There are many good things in the Constitution, but the vice-presidency isn't one of them. In Part I of this essay, I will argue that there are three basic problems with the vice-presidency: the method of nomination, the method of election, and the office itself. That just about covers the waterfront.' If we had to do it all over again, we almost certainly would not" create the system we currently have. We cannot undo history, but we do have a very strong incentive to develop a better system of succession to the presidency. Whom we choose as vice-president is a …
Beating Up On Women And Old Men And Other Enormities: A Social Historical Inquiry Into Literary Sources, William I. Miller
Beating Up On Women And Old Men And Other Enormities: A Social Historical Inquiry Into Literary Sources, William I. Miller
Articles
The Icelandic sagas, besides being one of the most impressive literatures existing in any language, preserve detailed accounts of feud and legal action, and describe with intelligence and care the general techniques and strategies of dispute processing. They also contain, incidental to the narrative, information about values and law, marriage and death, householding arrangements and the systems of exchange, naming patterns, and so on, for those who care to coax such information from the texts.
What The Baby M Case Is Really All About, Judith T. Younger
What The Baby M Case Is Really All About, Judith T. Younger
Articles
No abstract provided.
Rights Discourse And Neonatal Euthanasia, Carl E. Schneider
Rights Discourse And Neonatal Euthanasia, Carl E. Schneider
Articles
Hard cases, they say, make bad law. Hard cases, we know, can also make revealing law. Hard cases identify the problems we have not found a way of solving. They reveal ways the law's goals conflict. They force us to articulate our assumptions and to examine our modes of discourse and reasoning. If there was ever a hard case for the law, it is the question of whether, how, and by whom it should be decided to allow newborn children who are severely retarded mentally or severely damaged physically to die. For many years, the law has not had to …