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Articles 12961 - 12990 of 14197
Full-Text Articles in Entire DC Network
Words That Wound: A Tort Action For Racial Insults, Epithets, And Name-Calling, Richard Delgado
Words That Wound: A Tort Action For Racial Insults, Epithets, And Name-Calling, Richard Delgado
Articles
One of the first articles to discuss the problem of hate speech Words That Wound discusses the harms of racist speech before proposing a new tort enabling its victims to recover damages from the utterer I later expanded the article into a book with Jean Stefancic Entitled Understanding Words That Wound the book covers a range of recent problems including hate speech on the Internet campus hate speech codes and child porn
Beyond Sindell: Relaxation Of Cause-In-Fact Rules For Indeterminate Plaintiffs, Richard Delgado
Beyond Sindell: Relaxation Of Cause-In-Fact Rules For Indeterminate Plaintiffs, Richard Delgado
Articles
Discusses a doctrine the Sindell rule enabling plaintiffs to shift the burden of proof onto several defendants when all of them have exposed him or her to a risk which has eventuated but the plaintiff is uncertain which one is to blame for the injury Proposes extending this rule in the mirorimage case when an indeterminate plaintiff is one of several living in a locality who have suffered similar injuries some of which may be due to natural causes but others of which are known to be attributable to the defendant such as a polluter who has caused an increase …
The Moralist As Expert Witness, Richard Delgado, Peter Mcallen
The Moralist As Expert Witness, Richard Delgado, Peter Mcallen
Articles
No abstract provided.
Introduction: On Evaluating The Draft Convention On The Law Of The Sea, Bernard H. Oxman
Introduction: On Evaluating The Draft Convention On The Law Of The Sea, Bernard H. Oxman
Articles
No abstract provided.
National Labor Policy And The Conflict Between Safety And Production, Jonathan L.F. Silver
National Labor Policy And The Conflict Between Safety And Production, Jonathan L.F. Silver
Articles
No abstract provided.
Judicial Review Of Risk Assessments: The Role Of Decision Theory In Unscrambling The Benzene Decision, William H. Rodgers, Jr.
Judicial Review Of Risk Assessments: The Role Of Decision Theory In Unscrambling The Benzene Decision, William H. Rodgers, Jr.
Articles
[Reprinted in 13 Land Use & Envtl. L. Rev. 629-48 (1982).]
Full Faith And Credit, More Or Less, To Judgments: Doubts About Thomas V. Washington Gas Light Co., Stewart E. Sterk
Full Faith And Credit, More Or Less, To Judgments: Doubts About Thomas V. Washington Gas Light Co., Stewart E. Sterk
Articles
Workmen's compensation awards, decrees of administrative tribunals rather than courts, present the question of how far the mandate of the full faith and credit clause should reach and whether the clause should bar a claimant from pursuing supplemental compensation in a second state. Recently, in Thomas v. Washington Gas Light Co., the Supreme Court decided that full faith and credit should not prevent a claimant from obtaining supplemental compensation. Professor Sterk criticizes the Court's analysis, demonstrating the Thomas Court's neglect of the federal interests that the clause should protect. After examining the clause and its policy underpinnings, Professor Sterk …
A Right To Every Woman's Evidence, Richard O. Lempert
A Right To Every Woman's Evidence, Richard O. Lempert
Articles
I am indeed honored to be here with you today, honored to be joining you next year as Iowa's first Mason Ladd Visiting Distinguished Professor of Law, and honored to be giving the first Mason Ladd Lecture. The honor lies not just in the recognition you accord me, but also in the linkage to the man in whose name this recognition is given.
The Proper Role Of A Target's Management In Responding To A Tender Offer, Frank H. Easterbrook, Daniel R. Fischel
The Proper Role Of A Target's Management In Responding To A Tender Offer, Frank H. Easterbrook, Daniel R. Fischel
Articles
Under existing federal and state law, a corporation's managers can resist and often defeat a premium tender offer without liability to either the corporation's shareholders or the unsuccessful tender offeror. Professors Easterbrook and Fischel argue that resistance by a corporation's managers to premium tender offers, even if it triggers a bidding contest, ultimately decreases shareholder welfare. Shareholders would be better off, the authors claim, were such resistance all but proscribed. The authors consider, but find wanting, a number of potential criticisms of their analysis; they conclude by proposing a rule of mangerial passivity capable of controlling resistance in actual cases.
Lawyers Are People Too..., Donald L. Burnett Jr.
Standing Up For Fourth Amendment Rights: Salvucci, Rawlings, And The Reasonable Expectation Of Privacy (Comment), Elizabeth Brandt
Standing Up For Fourth Amendment Rights: Salvucci, Rawlings, And The Reasonable Expectation Of Privacy (Comment), Elizabeth Brandt
Articles
The initial inquiry a court must make before considering a motion to suppress evidence based on an unreasonable search and seizure is whether the individual has standing under the fourth amendment. This Note examines the historical development of the standing doctrines leading to the reasonable expectation of privacy test adopted by the Supreme Court in Rakas v. Illinois. The Note also identifies the problems created by the Court's far-reaching application of this test. The author concludes that the overall effect of recent decisions may be to limit the number of defendants able to assert fourth amendment claims, since suppression hearing …
Corporate Control Transactions, Frank H. Easterbrook, Daniel R. Fischel
Corporate Control Transactions, Frank H. Easterbrook, Daniel R. Fischel
Articles
No abstract provided.
Cost-Benefit Analysis And The Separation Of Powers, Cass R. Sunstein
Cost-Benefit Analysis And The Separation Of Powers, Cass R. Sunstein
Articles
No abstract provided.
The Changing Plea Bargaining Debate, Albert Alschuler
Notice And Freedom Of Contract In The Law Of Servitudes Comments, Richard A. Epstein
Notice And Freedom Of Contract In The Law Of Servitudes Comments, Richard A. Epstein
Articles
No abstract provided.
The Historical Origins And Economic Structure Of Workers' Compensation Law, Richard A. Epstein
The Historical Origins And Economic Structure Of Workers' Compensation Law, Richard A. Epstein
Articles
No abstract provided.
Rescuing Some Antitrust Law: An Essay On Vertical Restrictions And Consumer Information, Saul Levmore
Rescuing Some Antitrust Law: An Essay On Vertical Restrictions And Consumer Information, Saul Levmore
Articles
No abstract provided.
A Reply To Some Recent Criticisms Of The Efficiency Theory Of The Common Law, Richard A. Posner
A Reply To Some Recent Criticisms Of The Efficiency Theory Of The Common Law, Richard A. Posner
Articles
No abstract provided.
Tribute To Mr. Justice Brennan, Richard A. Posner
State Pollution Statutes, David P. Currie
The Constitution In The Supreme Court: 1789-1801, David P. Currie
The Constitution In The Supreme Court: 1789-1801, David P. Currie
Articles
No abstract provided.
The Constitution In The Supreme Court: 1789-1801, David P. Currie
The Constitution In The Supreme Court: 1789-1801, David P. Currie
Articles
No abstract provided.
Race To The Bottom Revisited: Reflections On Recent Developments In Delaware's Corporation Law, Daniel R. Fischel
Race To The Bottom Revisited: Reflections On Recent Developments In Delaware's Corporation Law, Daniel R. Fischel
Articles
No abstract provided.
The Law And Economics Of Dividend Policy, Daniel R. Fischel
The Law And Economics Of Dividend Policy, Daniel R. Fischel
Articles
No abstract provided.
United States Tax Treaty Policy: An Overview, H. David Rosenbloom, Stanley Langbein
United States Tax Treaty Policy: An Overview, H. David Rosenbloom, Stanley Langbein
Articles
No abstract provided.
Public Programs And Private Rights, Cass R. Sunstein, Richard B. Stewart
Public Programs And Private Rights, Cass R. Sunstein, Richard B. Stewart
Articles
By what right may courts seek to remedy deficient administrative performance, and by what methods should they do so? This question has been answered in fits and starts, in the context of several existing remedies: rights to contest regulatory impositions, hearing rights concerning government benefits, implied rights of action, and most recently, rights to require an agency itself to take enforcement action. Professors Stewart and Sunstein offer a theory to explain both the conceptual similarities and the evolutionary differences among these remedies. They show how the remedies are linked with particular conceptions of the deepest purposes particular statutes are meant …
Curia Regis: Some Comments On The Divine Right Of Kings And Courts To Say What The Law Is, Philip B. Kurland
Curia Regis: Some Comments On The Divine Right Of Kings And Courts To Say What The Law Is, Philip B. Kurland
Articles
No abstract provided.
Mr. Chief Justice Burger On The State Of The Judiciary - 1981, Philip B. Kurland
Mr. Chief Justice Burger On The State Of The Judiciary - 1981, Philip B. Kurland
Articles
No abstract provided.
Race Bias In The Administration Of The Death Penalty: The Florida Experience, Hans Zeisel
Race Bias In The Administration Of The Death Penalty: The Florida Experience, Hans Zeisel
Articles
No abstract provided.
The Disposition Of Felony Arrests, Hans Zeisel
The Disposition Of Felony Arrests, Hans Zeisel
Articles
While we know a great deal about the disposition of felony arrests that reach the trial stage, we know little about the details of the dispositions reached without trial. And yet, this latter category forms as a rule over 90 percent, in New York City 98 percent, of all dispositions. Basing his analysis on a study done in the early 1970s, the author describes and presents data on the various stages in the process from arrest to final disposition through plea bargaining, trial, or dismissal of the case. For the first time, this usually opaque disposition pattern prior to trial …