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Articles 1051 - 1080 of 1575
Full-Text Articles in Entire DC Network
The Constitutional Tension Between Apprendi And Mckeiver: Sentence Enhancements Based On Delinquency Convictions And The Quality Of Justice In Juvenile Courts, Barry C. Feld
Articles
In Apprendi v. New Jersey, the Supreme Court ruled that any fact that increases the penalty for a crime “other than the fact of a prior conviction” must be submitted to a jury and proved beyond a reasonable doubt. Apprendi exempted the fact of a prior conviction from its holding because criminal defendants enjoyed a constitutional right to a jury trial at the time the state obtained that conviction which assured the accuracy and reliability of the prior record. By contrast, a plurality of the Supreme Court in McKeiver v. Pennsylvania denied juvenile delinquents a constitutional right to a jury …
Race, Politics, And Juvenile Justice: The Warren Court And The Conservative "Backlash", Barry C. Feld
Race, Politics, And Juvenile Justice: The Warren Court And The Conservative "Backlash", Barry C. Feld
Articles
A century ago, the Progressive reformers who created the juvenile court embraced a particular ideological construction of childhood as one of innocence and vulnerability. They also adopted a scientific conception of social control - positive criminology - that attempted to identify the causes of criminality and purported to treat, rather than to punish, offenders. The juvenile court combined the new conception of childhood with the new strategies of positive criminology to create a judicial-welfare alternative to the adult criminal process for juveniles. The juvenile court affirmed the responsibility of families to raise their children while expanding the state's prerogative to …
Teaching Adr In The Workplace Once And Again: A Pedagogical History, Laura J. Cooper
Teaching Adr In The Workplace Once And Again: A Pedagogical History, Laura J. Cooper
Articles
During the summer there was a conference in Ann Arbor, sponsored by the Association of American Law Schools, to address whether law schools could better prepare students to represent the interests of employees and employ- ers. The conference planners took care to include as participants notjust law school teachers, but also practitioners who could more accurately describe the role of attorneys in representing worker and employer interests and how students could best be educated to serve those roles. Conference participants concluded that current law school courses were inappropriately focused on the adversarial role of lawyers in litigation. They decided that …
Competence, Culpability, And Punishment: Implications Of Atkins For Executing And Sentencing Adolescents, Barry C. Feld
Competence, Culpability, And Punishment: Implications Of Atkins For Executing And Sentencing Adolescents, Barry C. Feld
Articles
The Supreme Court has explored the issues of culpability, proportionality, and deserved punishment most fully in the context of capital punishment. In death penalty decisions addressing developmental impairments and culpability, the Court has considered the cases of defendants with mental retardation and older adolescents, and has created an anomalous inconsistency by reaching opposite conclusions about the deserved punishment for each group of defendants. Recently, in Atkins v. Virginia, the Court relied on both empirical and normative justifications to categorically prohibit states from executing defendants with mental retardation. Atkins reasoned that mentally retarded offenders lacked the reasoning, judgment, and impulse control …
Why (And How) Fairness Matters At The Ip/Antitrust Interface, Daniel A. Farber, Brett Mcdonnell
Why (And How) Fairness Matters At The Ip/Antitrust Interface, Daniel A. Farber, Brett Mcdonnell
Articles
This Article questions the widespread scholarly view that maximizing economic efficiency should be the sole goal of the intellectual property and antitrust laws. We propose that the law should also encourage a fair division of the economic surplus, at least by considering it as a tiebreaker when the dictates of economic efficiency are ambiguous or controversial. We begin by surveying some challenges that have been made to the theoretical underpinnings of exclusive reliance on economic efficiency, but go on to argue that, even on the terms of welfarism, some regard for distributive fairness is appropriate. First, since fairness is a …
Targeting Exemption For Charitable Efficiency: Designing A Nondiversion Constraint, Frances R. Hill
Targeting Exemption For Charitable Efficiency: Designing A Nondiversion Constraint, Frances R. Hill
Articles
No abstract provided.
Retrying Race, Anthony V. Alfieri
[email protected]: Toward A Critical Theory Of Cyberspace, A. Michael Froomkin
[email protected]: Toward A Critical Theory Of Cyberspace, A. Michael Froomkin
Articles
No abstract provided.
On Researching Music In Everyday Life:Assessing The Musician As Producer Of Commercialised Music, Alan Bradshaw, Roger Sherlock, Pierre Mcdonagh
On Researching Music In Everyday Life:Assessing The Musician As Producer Of Commercialised Music, Alan Bradshaw, Roger Sherlock, Pierre Mcdonagh
Articles
Adorno & Horkheimer (1998) argue that the Culture Industry generates cultural artefacts that fail to develop human consciousness and hence support the domination of the capitalist system. Steinert (2003) states that the pressures facing musicians to negotiate between the demands of the culture industry and the traditional role of the artist generates a fundamental contradiction within art which is symbolically enacted through artistic production. This study, which draws on on-going postgraduate research aims to develop a research framework that investigates how musicians negotiate this contradiction. The study considers if a more reflexive approach to art exists, typified by the Pop …
Essay: Remember Endo?, Patrick O. Gudridge
Class And Status In American Law: Race, Interest, And The Anti-Transformation Cases, Martha R. Mahoney
Class And Status In American Law: Race, Interest, And The Anti-Transformation Cases, Martha R. Mahoney
Articles
No abstract provided.
Strangers And Brothers: A Homily On Transracial Adoption, Carl E. Schneider
Strangers And Brothers: A Homily On Transracial Adoption, Carl E. Schneider
Articles
The common law speaks to us in parables. Ours is Drummond v. Fulton County Department of Family and Children's Services. Just before Christmas 1973, a boy named Timmy was born to a white mother and a black father. A month later, his mother was declared unfit, and the Department of Family and Children Services placed Timmy with white foster parents - Robert and Mildred Drummond. The Drummonds were "excellent" and "loving" parents, and Timmy grew into "an extremely bright, highly verbal, outgoing 15-month baby boy." Then the Drummonds asked to adopt Timmy. The Department's reviews of the Drummonds' devotion …
A Resident Of Evidenceland Defends His Turf, Richard D. Friedman
A Resident Of Evidenceland Defends His Turf, Richard D. Friedman
Articles
A few years ago, I wrote an essay welcoming Judge Richard Posner down from a star to Evidenceland, the sometimes obscure province occupied by evidence scholars.1 Although I criticized one of the points of his article on the economics of evidence law, I expressed the hope that he would remain in Evidenceland for an extended stay.2 I should have known that if he did so he would tell us long-term inhabitants what we have been doing wrong.
Japanese Justice System Reform In Comparative Perspective, Daniel H. Foote
Japanese Justice System Reform In Comparative Perspective, Daniel H. Foote
Articles
Over the past two years I have become so heavily involved in the justice system reform discussions - in particular the discussions regarding legal training - that it would be nearly impossible for me to address the assigned topic of reform from a detached perspective. Rather than attempt to do so, I will offer certain personal impressions of the reforms, with particular reference to legal education.
Home On The Range: Family And Constitutionalism In American Continental Settlement, Mark E. Brandon
Home On The Range: Family And Constitutionalism In American Continental Settlement, Mark E. Brandon
Articles
No abstract provided.
"Seperation": From Epithet To Constitutional Norm, Marci A. Hamilton
"Seperation": From Epithet To Constitutional Norm, Marci A. Hamilton
Articles
No abstract provided.
Religion, The Rule Of Law, And The Good Of The Whole: A View From The Clergy, Marci A. Hamilton
Religion, The Rule Of Law, And The Good Of The Whole: A View From The Clergy, Marci A. Hamilton
Articles
No abstract provided.
John Mcgahern : Writer, Stylist, Seeker Of A Lost World, Eamon Maher, Declan Kiberd
John Mcgahern : Writer, Stylist, Seeker Of A Lost World, Eamon Maher, Declan Kiberd
Articles
Material reproduced by kind permission of Doctrine and Life.
Recent Trends In Global And Irish Tourism, Kevin Griffin
Recent Trends In Global And Irish Tourism, Kevin Griffin
Articles
2001 will long be remembered as one of the most difficult years for tourism in Ireland. The outbreak of Food and Mouth disease in the first half of the year was seen as a major blow to the industry, with many businesses suffering from the resultant restrictions on travel. These problems were further increased by the global effects of the economic slow-down in the USA. As the sector began to recover and was shaping up for a healthy Autumn, the terrorist attacks of September 11 devastated the industry globally, with knock–on effects which are only now beginning to be assessed. …
Competencies: A New Sector, Tony Kiely, Monica Brophy
Competencies: A New Sector, Tony Kiely, Monica Brophy
Articles
Outlines the processes involved in the development of a competency based framework for use by middle managers of three-star Irish hotels within rooms division and the food and beverage department. Secondary research provides an overview of existing generic competency models. Competency models and frameworks have been applied and customised across a broad range of industry sectors. Seeks to address the need for an innovative and fresh approach to HRM within the Irish hotel sector. The primary research is conducted among three-star hotels nation wide, giving equal representation to all regions of Ireland. Job analysis techniques are used as the basis …
Let 'The Fundamental Things Apply': Necessary And Contingent Truths In Legal Scholarship, Richard A. Epstein
Let 'The Fundamental Things Apply': Necessary And Contingent Truths In Legal Scholarship, Richard A. Epstein
Articles
No abstract provided.
Introduction To Symposium: Empirical And Experimental Methods In Law, Richard H. Mcadams, Thomas S. Ulen
Introduction To Symposium: Empirical And Experimental Methods In Law, Richard H. Mcadams, Thomas S. Ulen
Articles
No abstract provided.
Ways Of Criticizing Public Choice: The Uses Of Empiricism And Theory In Legal Scholarship, Tom Ginsburg
Ways Of Criticizing Public Choice: The Uses Of Empiricism And Theory In Legal Scholarship, Tom Ginsburg
Articles
Public choice theory has been used to explain a wide range of observable facts. It has also been influential in legal scholarship. In Part I of this article, Tom Ginsburg reviews the main premises behind public choice theory and discusses how these premises have fared when tested empirically. In this section, for example, the author discusses how casual empirical observation of the "free rider" problem suggests that individuals do not always seek to maximize their own self-interest. The author further points out that additional studies, like Ostrom's empirical observations of a Turkish fishery, are necessary in order to explain why …
Measured Interpretation: Introducing The Method Of Correspondence Analysis To Legal Studies, Bernard E. Harcourt
Measured Interpretation: Introducing The Method Of Correspondence Analysis To Legal Studies, Bernard E. Harcourt
Articles
Professor Harcourt develops and advocates a method to more rigorously measure and evaluate how qualitative "social meaning" variables relate to legal practices and public policies. The method integrates in-depth qualitative interviews with an experimental free associational component, map analysis of the interviews, and a methodology, correspondence analysis, that remains little known in the United States despite its acceptance in other parts of the world. Correspondence analysis, according to Professor Harcourt, is a tool that allows researchers to visually represent the relationship between structures of social meaning and the contexts and practices within which they are embedded. This method opens up …
The Sustainability Of Sustainable Consumption, Paddy Dolan
The Sustainability Of Sustainable Consumption, Paddy Dolan
Articles
This article examines the limitations of the concept of sustainable consumption in terms of the inadequate attention given to the social, cultural and historical contextualization of consumption. I argue that Macromarketing should adopt modes of inquiry that more fully engage with this contextualization. The implicit assumptions of ‘sustainable consumption’ center on the rational individual and his or her needs and wants, and neglect the significance of consumption practices as embodying the relations between individuals. Acts of consumption are not in opposition to, and prior to, macro structures and processes, they are macro processes at work. Consumer practices are cultural and …
"We Must Be Hunters Of Meaning": Race, Metaphor, And The Models Of Steven Winter, D. Marvin Jones
"We Must Be Hunters Of Meaning": Race, Metaphor, And The Models Of Steven Winter, D. Marvin Jones
Articles
No abstract provided.
"We're All Consultants Now": How Change In Client Organizational Strategies Influences Change In The Organization Of Corporate Legal Services, Robert Eli Rosen
"We're All Consultants Now": How Change In Client Organizational Strategies Influences Change In The Organization Of Corporate Legal Services, Robert Eli Rosen
Articles
No abstract provided.
A Comment On Race And The Law, Zanita E. Fenton
Philippic.Com, Cass R. Sunstein
Philippic.Com, Cass R. Sunstein
Articles
A recent trend in so-called "second generation" legal commentary about the Internet suggests that, though it is an unparalleled communication medium and a means of engaging in global e-commerce, it is not an unmitigated force for good. Instead, the Net poses a fundamental danger to democracy. This trend takes shape in works by well-known cyberlaw theorists like Lawrence Lessig, Andrew Shapiro, and Neil Weinstock Netanel, but the most recent and most troubling criticism lies in Professor Cass Sunstein 's Republic.com. In this book, Professor Sunstein argues that perfect filtering of information on the Internet will lead to a fractured communications …
Convergence In Corporate Governance--Possible, But Not Desirable, Brett Mcdonnell
Convergence In Corporate Governance--Possible, But Not Desirable, Brett Mcdonnell
Articles
THE prospects for international convergence in corporate governance systems have become a hot topic in legal academia. For some time scholars have depicted American corporations and capital markets as optimal adaptations for governing large business enterprises. 1 More recently, American scholars have become more aware that other countries do things rather differently. While large American corporations have many dispersed shareholders and turn to public stock and bond markets for financing, large Japanese and German corporations have more concentrated shareholders and close financial relations with banks.