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Articles 1021 - 1050 of 1575
Full-Text Articles in Entire DC Network
Benumbed, Carl E. Schneider
Benumbed, Carl E. Schneider
Articles
I originally intended to write a column on tort liability and research ethics, and I still plan to do so. But this column is a cri de coeur as I finish another semester teaching law and bioethics. This year, I asked with growing frequency, urgency, and exasperation, "Must law's reverence for autonomy squeeze out the impulse to kindness? Where is the beneficence in bioethics?" These questions assail me every term. Why? Consider Steele v. Hamilton County Community Mental Health Board. Mr. Steele was involuntarily "hospitalized after his family reported that he was 'seeing things and trying to fight imaginary …
Color/Identity/Justice: Chicano Trials (Book Review), Anthony V. Alfieri
Color/Identity/Justice: Chicano Trials (Book Review), Anthony V. Alfieri
Articles
No abstract provided.
Of Power And Responsibility: The Political Morality Of Federal Systems, Daniel Halberstam
Of Power And Responsibility: The Political Morality Of Federal Systems, Daniel Halberstam
Articles
In comparative constitutional discourse, Americans are from Mars and Europeans from Venus; we eagerly tell our European counterparts about the U.S. constitutional experience, but rarely do we listen when they talk to us about their own. Whereas Europeans routinely examine U.S. constitutionalism as an illuminating point of comparison or contrast, as Americans, we seem convinced that we have nothing to learn from looking abroad. This Article challenges that assumption. In particular, it argues that American courts and scholars have overlooked an important alternative to the dominant interpretation of the division of powers in the United States by ignoring the theory …
Contracts Without Consent: Exploring A New Basis For Contractual Liability, Omri Ben-Shahar
Contracts Without Consent: Exploring A New Basis For Contractual Liability, Omri Ben-Shahar
Articles
This Essay explores an alternative to one of the pillars of contract law, that obligations arise only when there is "mutual assent "--when the parties reach consensus over the terms of the transaction. It explores a principle of "no-retraction," under which each party is obligated to terms it manifested and can retract only with some liability. In contrast to the all-or-nothing nature of the mutual assent regime, where preliminary forms of consent are either full-blown contracts or create no obligation, under the no-retraction regime, obligations emerge gradually, as the positions of the negotiating parties draw closer. Further, the no-retraction liability …
The Process For Becoming A Law School Professor In The United States, Daniel H. Foote
The Process For Becoming A Law School Professor In The United States, Daniel H. Foote
Articles
As the process of legal education reform in Japan, centered on the establishment of a new tier of professional graduate schools in law, moves forward, one issue that has arisen is how law professors will be trained in coming years. In that connection, I am frequently asked what the typical route is for training law school professors in the US. Based in part on an examination of the backgrounds prior to entering law teaching for over 500 law professors at eight US law schools and on personal experiences (including serving for three years on the appointments committee at the University …
Soap Opera, Com Mercialisation An D The Proletarian Isation Of Cultural Production, Edward Brennan
Soap Opera, Com Mercialisation An D The Proletarian Isation Of Cultural Production, Edward Brennan
Articles
Abstract This article is based in a broader study of the production of Fair City, Ireland’s most popular television soap opera. The study argues that such shows are potentially important in civil society. They can promote discussion and debate on hidden or taboo social issues. They may thus inform public opinion. Until recently the potential role of soap opera in civil society has largely been overlooked. The research examined the social issues that Fair City could introduce to public discussion by examining its production process. It found the main limits on what the show could and could not say to …
Child Sexual Abuse In Sub-Saharan Africa: A Literature Review, Kevin Lalor
Child Sexual Abuse In Sub-Saharan Africa: A Literature Review, Kevin Lalor
Articles
Objective. This article reviews the English-language literature on child sexual abuse in sub-Saharan Africa (SSA). The focus is on the sexual abuse of children in the home/community, as opposed to the commercial sexual exploitation of children. Method. English language, peer-reviewed papers cited in the Social Sciences Citation Index (SSCI) are examined. Reports from international and local NGOs and UN agencies are also examined. Results. Few published studies on the sexual abuse of children have been conducted in the region, with the exception of South Africa. Samples are predominantly clinical or University based. A number of studies report that approximately five …
Direct Democracy And The Protestant Ethic, Marci A. Hamilton
Direct Democracy And The Protestant Ethic, Marci A. Hamilton
Articles
No abstract provided.
On Aristotelian Criminal Law: A Reply To Duff, Kyron J. Huigens
On Aristotelian Criminal Law: A Reply To Duff, Kyron J. Huigens
Articles
No abstract provided.
States, Courts, And Founders: Remarks On Killenbeck, Mark E. Brandon
States, Courts, And Founders: Remarks On Killenbeck, Mark E. Brandon
Articles
No abstract provided.
Copyright And Information Theory: Toward An Alternative Model Of Authorship, Alan L. Durham
Copyright And Information Theory: Toward An Alternative Model Of Authorship, Alan L. Durham
Articles
Both literary scholars and students of copyright law have challenged the romantic model of authorship a model emphasizing individual genius and creation ex nihilo Authorship they argue is actually a collaborative effort Authors assemble their works from the fragments of their cultural environment transforming as much as creating Copyright law however still champions the rights of authors and it requires a coherent theory of what authorship is An alternative to the romantic model of authorship can be found in information theory a branch of mathematics dealing at a very fundamental level with all forms of communication Authorship could be defined …
The Third Annual Albert A. Destefano Lecture On Corporate Securities & Financial Law: Panel Discussion: Celebrating Thirty Years Of Market Regulation, Kenneth M. Rosen, Brandon Becker, Robert Colby, Andrew Klein, Richard Ketchum, Catherine Mcguire, Annette Nazareth, Lee A. Pickard
The Third Annual Albert A. Destefano Lecture On Corporate Securities & Financial Law: Panel Discussion: Celebrating Thirty Years Of Market Regulation, Kenneth M. Rosen, Brandon Becker, Robert Colby, Andrew Klein, Richard Ketchum, Catherine Mcguire, Annette Nazareth, Lee A. Pickard
Articles
No abstract provided.
The Immense Rumor, Peter Goodrich
The Immense Rumor, Peter Goodrich
Articles
The article explores the intersection of friendship and law, particularly through the lens of Jacques Derrida's theory, which posits that the concept of friendship is inherently paradoxical and shaped by legal and theological frameworks. Derrida argues that the "immense rumor" of friendship reflects a historical inability to articulate amity publicly, leading to a repression of friendship in the public sphere. This repression is rooted in the humanist tradition, which draws from Graeco-Roman and Judeo-Christian influences, emphasizing the primacy of political or communal bonds over individual friendships. The analysis reveals that legal discourses have imposed prohibitions on the role of friendship, …
Where To Now For Irish Catholicism?, Eamon Maher
Where To Now For Irish Catholicism?, Eamon Maher
Articles
Material reproduced by kind permission of Reality
Enron At The Margin, William H. Widen
Social Care Portfolio: An Aid To Integrated Learning And Reflection, Gay Graham, Bridgit Megarry
Social Care Portfolio: An Aid To Integrated Learning And Reflection, Gay Graham, Bridgit Megarry
Articles
The focus of the paper is on the use of a specifically designed portfolio in social care training as an aid to both integrated learning and reflection. Integrated learning is achieved through the use of discrete sections in the portfolio which require students to discuss their practice placement agencies from perspectives that demonstrate their understanding of subjects such as theories and practices of social care, psychology, social policy, legal studies. Reflection, which is considered a core element of social care training, is examined as a learning tool. A model for the promotion of reflection is presented which utilises peer learning, …
Shaping Leisure/Tourism Places:The Role Of Holiday Home Owners: A Case Study Of Courtown, Co. Wexford, Ireland, Ziene Mottiar, Bernadette Quinn
Shaping Leisure/Tourism Places:The Role Of Holiday Home Owners: A Case Study Of Courtown, Co. Wexford, Ireland, Ziene Mottiar, Bernadette Quinn
Articles
This article investigates the role played by holiday home owners in shaping leisure / tourism places. Having reviewed recent trends in the holiday home literature, the paper argues the literature has failed to adequately consider how this group of actors can play a role in developing leisure / tourism places. The research is case study based and reports the findings of a study undertaken in Courtown, a small seaside resort in the Republic of Ireland. Specifically, it investigates the role that holiday home owners played in a controversy that arose with respect to developing tourism accommodation in an area of …
Symbols, Practices And Myth-Making: Cultural Perspectives On The Wexford Festival Opera, Bernadette Quinn
Symbols, Practices And Myth-Making: Cultural Perspectives On The Wexford Festival Opera, Bernadette Quinn
Articles
In recent decades geographers have paid increasing attention to festivals. They have construed festivals as important practices through which people connect with their place and as authored landscapes designed to promote particular sets of values and attach specific meanings to place. Tourism influences the processes and dynamics ongoing in festival settings and this paper seeks to unravel some of the complex ways in which it influences the reproduction of cultural meanings there. It draws on research conducted on the Wexford Festival Opera in the Republic of Ireland and analyses the symbolism, practices and meanings found to be associated with the …
Fear And Greed In Tax Policy: A Qualitative Research Agenda, Lee Anne Fennell, Christopher C. Fennell
Fear And Greed In Tax Policy: A Qualitative Research Agenda, Lee Anne Fennell, Christopher C. Fennell
Articles
No abstract provided.
The Changing Purposes Of Criminal Punishment: A Retrospective On The Last Century And Some Thoughts About The Next, Albert Alschuler
The Changing Purposes Of Criminal Punishment: A Retrospective On The Last Century And Some Thoughts About The Next, Albert Alschuler
Articles
No abstract provided.
Activists Vote Twice, Joseph Isenbergh
The Empirical Side Of Law And Economics, William M. Landes
The Empirical Side Of Law And Economics, William M. Landes
Articles
No abstract provided.
The Culture Of Arbitration, Tom Ginsburg
The Shaping Of Chance: Actuarial Models And Criminal Profiling At The Turn Of The Twenty-First Century, Bernard E. Harcourt
The Shaping Of Chance: Actuarial Models And Criminal Profiling At The Turn Of The Twenty-First Century, Bernard E. Harcourt
Articles
No abstract provided.
Developing A Taste For Not Being Discriminated Against (Reviewing Ian Ayres, Pervasive Prejudice? Unconventional Evidence Of Race And Gender Discrimination (2001) And Francisco Valdes, Jerome Mccristal Culp & Angela P. Harris, Crossroads, Directions, And, Mary Anne Case
Articles
No abstract provided.
Determinants Of Sexual Behaviour, Kevin Lalor, Cathal O'Regan, Siobhan Quinlan
Determinants Of Sexual Behaviour, Kevin Lalor, Cathal O'Regan, Siobhan Quinlan
Articles
No abstract provided.
"An Outsider's View Of Modern Ireland: Michel Houellebecq's Atomised", Eamon Maher
"An Outsider's View Of Modern Ireland: Michel Houellebecq's Atomised", Eamon Maher
Articles
No abstract provided.
Naturalized Epistemology And The Law Of Evidence: Reply To Redmayne, Ronald J. Allen, Brian Leiter
Naturalized Epistemology And The Law Of Evidence: Reply To Redmayne, Ronald J. Allen, Brian Leiter
Articles
No abstract provided.
Ellman's "Why Making Family Law Is Hard": Additional Reflections, Robert Levy
Ellman's "Why Making Family Law Is Hard": Additional Reflections, Robert Levy
Articles
Not the least of the pleasures of membership in this distinguished group invited to praise Ira Ellman was the opportunity it gave me to renew old and dear friendships with Arizona State faculty members and their spouses, to come back to the scene of my "adjunct visitor" gig last year, to see once again an effective dean whom I greatly admire. More important, the occasion allows me to praise publicly a scholar whose creative thinking, academic writing, legislative drafting and public performances as Reporter for the American Law Institute's Principles of the Law of Family Dissolution I have long respected.
The Economists' New Arguments, Brett Mcdonnell
The Economists' New Arguments, Brett Mcdonnell
Articles
Adam and Max, two law professors and longtime friends, have just run into each other at an Association of American Law Schools (AALS) meeting. Adam has long been a zealous partisan of the law and economics approach to legal analysis. Max, though he has some training in economics, is more skeptical about that approach. The two old friends have discussed various aspects of this subject over the years, and in this meeting they renew their discussion. The topic this time: Fairness Versus Welfare, 1 the new book (formerly a mammoth article in the Harvard Law Review) 2 by two leading …