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Articles 12901 - 12930 of 14197
Full-Text Articles in Entire DC Network
The Invisible Discourse Of The Law: Reflections On Legal Literacy And General Education, James Boyd White
The Invisible Discourse Of The Law: Reflections On Legal Literacy And General Education, James Boyd White
Articles
My subject today is "legal literacy," but to put it that way requires immediate clarification, for that phrase has a wide range of possible meanings with many of which we shall have nothing to do. At one end of its spectrum of significance, for example, "legal literacy" means full competence in legal discourse, both as reader and as writer. This kind of literacy is the object of a professional education, and it requires not only a period of formal schooling but years of practice as well. Indeed, as is also the case with other real languages, the ideal of perfect …
Imperial Scholar: Reflections On A Review Of Civil Rights Literature Commentary, Richard Delgado
Imperial Scholar: Reflections On A Review Of Civil Rights Literature Commentary, Richard Delgado
Articles
No abstract provided.
Can Science Be Inopportune - Constitutional Validity Of Governmental Restrictions On Race-Iq Research, Richard Delgado, Sean Bradley, David Burkenroad, Ron Chavez
Can Science Be Inopportune - Constitutional Validity Of Governmental Restrictions On Race-Iq Research, Richard Delgado, Sean Bradley, David Burkenroad, Ron Chavez
Articles
No abstract provided.
Professor Delgado Replies Comments, Richard Delgado
The Derivative And Discretionary-Function Immunities Of Presidential And Congressional Aides In Constitutional Tort Actions, Kathryn D. Sowle
The Derivative And Discretionary-Function Immunities Of Presidential And Congressional Aides In Constitutional Tort Actions, Kathryn D. Sowle
Articles
No abstract provided.
The Persistence Of Classical Style, Patrick O. Gudridge
The Persistence Of Classical Style, Patrick O. Gudridge
Articles
No abstract provided.
Act Of State And Other Problems With Restatement Ii (Revised), Malvina Halberstam
Act Of State And Other Problems With Restatement Ii (Revised), Malvina Halberstam
Articles
No abstract provided.
Book Review (Reviewing G. Edward White, Earl Warren: A Public Life (1982)), Philip B. Kurland
Book Review (Reviewing G. Edward White, Earl Warren: A Public Life (1982)), Philip B. Kurland
Articles
No abstract provided.
The Coming Curtailment Of Compulsory Child Support, David L. Chambers
The Coming Curtailment Of Compulsory Child Support, David L. Chambers
Articles
Absent parents ought to contribute to the support of their minor children and states can appropriately invoke the force of law to compel them to do so. Stated so generally, even absent parents behind in their payments would probably agree. Since so many others agree as well, and since the numbers of single-parent children have mushroomed, systems of governmentally compelled support in this country have grown enormously. By the early part of the next century, if current laws remain in force and current population trends continue, most of America's children on any given day will be entitled to support from …
How Judges Speak: Some Lessons On Adjudication In Billy Budd, Sailor With An Application To Justice Rehnquist, Richard H. Weisberg
How Judges Speak: Some Lessons On Adjudication In Billy Budd, Sailor With An Application To Justice Rehnquist, Richard H. Weisberg
Articles
The article examines how authority figures use language and procedural structures to shape outcomes in both literary and legal contexts, highlighting the tension between formal legal processes and true justice. Through a comparative analysis of Herman Melville's Billy Budd, Sailor and the Supreme Court case Paul v. Davis, the article argues that "considerate communication"—a subtle form of manipulation—can distort reality and undermine fairness in adjudication. It critiques legal systems that prioritize formality over substance, emphasizing how narrative techniques and rhetorical strategies in both literature and law can mask subjective biases and influence decisions.
Towards Neutral Principles In The Administration Of Criminal Justice: A Critique Of Supreme Court Decisions Sanctioning The Plea Bargaining Process, Malvina Halberstam
Towards Neutral Principles In The Administration Of Criminal Justice: A Critique Of Supreme Court Decisions Sanctioning The Plea Bargaining Process, Malvina Halberstam
Articles
This article compares the Court's reasoning in plea bargaining cases with its reasoning in non-plea-bargaining cases that involve the same legal principles. It analyzes the Court's arguments for sustaining guilty pleas induced by fear of the death penalty or by promises of leniency, and for sanctioning the imposition of harsher penalties on those who reject prosecutional offers to plead and insist on a trial. Finally, it briefly addresses the contention that the system for the administration of criminal justice in the United States could not function if use of a sentencing differential to induce guilty pleas were prohibited.
The Social Consequences Of Common Law Rules, Richard A. Epstein
The Social Consequences Of Common Law Rules, Richard A. Epstein
Articles
In the past decade, commentators applying both economic and historical methods to the study of the classical common law have explicitly or implicitly made sweeping claims for the system's ability to allocate or redistribute substantial shares of wealth. In this Article, Professor Epstein challenges the assumption that the fundamental doctrines of the common law can have a decisive effect on the flow of resources in society. He calls attention to the constraints placed upon the system by the generality of its rules, the prospectively indeterminate alignment of economically interested parties, the expenses of adjudication, and the divergent social beliefs of …
The Corporate Governance Movement, Daniel R. Fischel
The Corporate Governance Movement, Daniel R. Fischel
Articles
In the past decade a number of commentators have argued that corporations have failed to meet their responsibilities to shareholders and the public. To remedy this perceived failure, these commentators have advocated a variety of corporate governance proposals. In this Article Professor Fischel challenges the notion that any problem exists in the current mode of corporate governance. He contends that reformers have wrongly assumed the existence of a "problem" because of their failure to understand the economic theory underlying the corporate form of firm organization. Professor Fischel argues further that no empirical evidence exists to support the contentions of advocates …
Book Review (Reviewing Michael E. Parrish, Felix Frankfurter And His Times: The Reform Years (1982)), Philip B. Kurland
Book Review (Reviewing Michael E. Parrish, Felix Frankfurter And His Times: The Reform Years (1982)), Philip B. Kurland
Articles
No abstract provided.
Advances And Altered Perspectives In English Legal History, Richard H. Helmholz
Advances And Altered Perspectives In English Legal History, Richard H. Helmholz
Articles
No abstract provided.
Economics, Politics, And The Reading Of Statutes And The Constitution, Richard A. Posner
Economics, Politics, And The Reading Of Statutes And The Constitution, Richard A. Posner
Articles
No abstract provided.
Constitution In The Supreme Court: The Powers Of The Federal The Courts, 1801-1835, David P. Currie
Constitution In The Supreme Court: The Powers Of The Federal The Courts, 1801-1835, David P. Currie
Articles
No abstract provided.
Ways Of Criticizing The Court, Frank H. Easterbrook
Ways Of Criticizing The Court, Frank H. Easterbrook
Articles
Critics have attacked Supreme Court decisions not only for their substance, but also for their structure and inconsistency. Professor Easterbrook responds to these critics by arguing, first, that the increasing caseload of the judiciary, coupled with the techniques of Supreme Court case selection, makes more fractured decisions inevitable. Second, Professor Easterbrook applies Arrow's Theorem to show that it is impossible for critics to demand consistent decisions from the Supreme Court without requiring it to sacrifice its essential institutional nature.
The Search For Truth Continued, The Privilege Retained: A Response To Judge Frankel, Albert Alschuler
The Search For Truth Continued, The Privilege Retained: A Response To Judge Frankel, Albert Alschuler
Articles
No abstract provided.
Antitrust Suits By Targets Of Tender Offers, Frank H. Easterbrook, Daniel R. Fischel
Antitrust Suits By Targets Of Tender Offers, Frank H. Easterbrook, Daniel R. Fischel
Articles
No abstract provided.
Auctions And Sunk Costs In Tender Offers, Frank H. Easterbrook, Daniel R. Fischel
Auctions And Sunk Costs In Tender Offers, Frank H. Easterbrook, Daniel R. Fischel
Articles
No abstract provided.
George J. Stigler: An Appreciation, Ronald H. Coase
Securities And Secrets: Insider Trading And The Law Of Contracts, Saul Levmore
Securities And Secrets: Insider Trading And The Law Of Contracts, Saul Levmore
Articles
No abstract provided.
Self-Assessed Valuation Systems For Tort And Other Law, Saul Levmore
Self-Assessed Valuation Systems For Tort And Other Law, Saul Levmore
Articles
No abstract provided.
Monitors And Freeriders In Commercial And Corporate Settings, Saul Levmore
Monitors And Freeriders In Commercial And Corporate Settings, Saul Levmore
Articles
No abstract provided.
Identifying Section 306 Stock: The Sleeping Beauty Of Revenue Ruling 66-332, Saul Levmore
Identifying Section 306 Stock: The Sleeping Beauty Of Revenue Ruling 66-332, Saul Levmore
Articles
No abstract provided.
Toward An Economic Theory Of Federal Jurisdiction, Richard A. Posner
Toward An Economic Theory Of Federal Jurisdiction, Richard A. Posner
Articles
No abstract provided.
Advances And Altered Perspectives In English Legal History (Reviewing Morris S. Arnold, Et. Al., Eds., On The Laws And Customs Of England: Essays In Honor Of Samuel E. Thorne (1981)), Richard H. Helmholz
Advances And Altered Perspectives In English Legal History (Reviewing Morris S. Arnold, Et. Al., Eds., On The Laws And Customs Of England: Essays In Honor Of Samuel E. Thorne (1981)), Richard H. Helmholz
Articles
No abstract provided.
The Constitution In The Supreme Court: State And Congressional Powers, 1801-1835, David P. Currie
The Constitution In The Supreme Court: State And Congressional Powers, 1801-1835, David P. Currie
Articles
No abstract provided.
Commencement Address, Gerhard Casper