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Articles 1081 - 1110 of 1575
Full-Text Articles in Entire DC Network
A Review Of The Fifty-Third Session Of The Sub-Commission On The Promotion And Protection Of Human Rights, David Weissbrodt, Bret Thiele, Mayra Gomez, Muria Kruger
A Review Of The Fifty-Third Session Of The Sub-Commission On The Promotion And Protection Of Human Rights, David Weissbrodt, Bret Thiele, Mayra Gomez, Muria Kruger
Articles
The term ‘fundamentalism’ means adherence to principles of one’s religion. Therefore, Islamic fundamentalism stands for a return to the doctrines of Islam in their original form as were practised in the medieval times. It could also mean idealising the historical past of Islam and calling for a return to ‘pure and original Islam’, which can be achieved through peaceful, lawful and cultural/spiritual means. In practice, the focus of Islamists has been Islamisation of the state rather than reform of the individuals. It has generated conflict as the Islamic fundamentalists seek to impose their will through coercion, violence and terror. Radical …
Using Evaluations To Break Down The Male Corporate Hierarchy: A Full Circle Approach, Edward Adams
Using Evaluations To Break Down The Male Corporate Hierarchy: A Full Circle Approach, Edward Adams
Articles
This Article explores full circle evaluations in detail, arguing that corporate boards should implement such systems. Part I details full circle evaluations and explains the benefits associated with the use of such systems. Part II describes the potential legal duty to implement full circle evaluation systems. Part III argues that full circle evaluations consider the input of all persons in the corporation, thereby increasing the extent to which decisions concerning promotions are based on objective factors of merit and facilitating the advancement of women in the workplace. Part IV concludes that in light of all of the aforementioned considerations, the …
Public Vs. Proprietary Science: A Fruitful Tension?, Rebecca S. Eisenberg, Richard R. Nelson
Public Vs. Proprietary Science: A Fruitful Tension?, Rebecca S. Eisenberg, Richard R. Nelson
Articles
What should be public and what should be private in scientific research? The competitive sprint of public and private laboratories to complete the sequence of the human genome has brought this question to the fore. The same question frames the developing struggle over terms of access to human embryonic stem cell lines and the conflict between Microsoft and the open source movement over how best to promote software development. We expect such conflicts to become more widespread as the role of for-profit research expands in a broader range of scientific fields. Will science progress more swiftly and fruitfully if its …
Justice Frank Murphy And American Labor Law, Theodore J. St. Antoine
Justice Frank Murphy And American Labor Law, Theodore J. St. Antoine
Articles
Working people and disfavored groups were central concerns of Frank Murphy, the last Michigan Law School graduate to sit on the United States Supreme Court. In the pages of this Review, just over a half century ago, Archibald Cox wrote of him: "It was natural ...th at his judicial work should be most significant in these two fields [labor law and civil rights] and especially in the areas where they coalesce."' In this Essay, after a brief overview of Murphy the man, his days at the University of Michigan, and his career prior to the Court appointment, I shall review …
Narrative Relevance, Imagined Juries, And A Supreme Court Inspired Agenda For Jury Research, Richard O. Lempert
Narrative Relevance, Imagined Juries, And A Supreme Court Inspired Agenda For Jury Research, Richard O. Lempert
Articles
This paper has its roots in Old Chief v. United States, a case the Supreme Court of the United States decided in 1997. I will begin by describing this case; then comment on its implications for the Supreme Court’s conception of the jury, and conclude by examining the agenda one may draw from it for empirical jury research. Old Chief arose when Johnny Lynn Old Chief was charged not only with assault with a dangerous weapon and using a firearm in the commission of a crime of violence, but also with violating a law that forbids convicted felons from possessing …
Probability And Statistics In The Legal Curriculum: A Case Study In Disciplinary Aspects Of Interdisciplinarity, Michael Townsend
Probability And Statistics In The Legal Curriculum: A Case Study In Disciplinary Aspects Of Interdisciplinarity, Michael Townsend
Articles
This Article considers interdisciplinarity and the legal curriculum in the context of probability and statistics. Section D of Part II begins the discussion by sketching some multidisciplinary, pluridisciplinary, interdisciplinary, and transdisciplinary approaches. Part III is the workhorse of this Article. The particular example used here is the well-known jury discrimination case of Castaneda v. Partida as described in Section A. This "case study" provides the basis for a crossdisciplinary experience that offers students an opportunity to think about law as a discipline. It is difficult for students to step back and look at law as a discipline when there is …
Symposium Introduction: Sharing Stories About Our Commitment To Teaching Ethics Symposium: Recommitting To Teaching Legal Ethics- Shaping Our Teaching In A Changing World, Steven H. Hobbs
Articles
No abstract provided.
Evaluating The Sex Discrimination Argument For Lesbian And Gay Rights, Edward D. Stein
Evaluating The Sex Discrimination Argument For Lesbian And Gay Rights, Edward D. Stein
Articles
The sex discrimination argument for lesbian and gay rights analyzes laws that discriminate on the basis of sexual orientation in terms of sex discrimination. For example, sodomy laws that prohibit only same-sex sexual activities are analyzed as discriminating on the basis of sex because they prohibit women from doing something men are permitted to do, that is, have sex with women. This argument has been championed by some scholars and litigators, and it has persuaded some judges. Edward Stein shows that there are sociological, theoretical, moral, and practical problems facing the sex discrimination argument. He suggests that there are better …
Intergroup Rivalry, Anti-Competitive Conduct And Affirmative Action, Michelle Adams
Intergroup Rivalry, Anti-Competitive Conduct And Affirmative Action, Michelle Adams
Articles
Significant research in social science describes racial inequality as grounded in notions of group identity and group conflict. Sociologists and social psychologists who study discrimination and prejudice have moved away from theories that explain prejudice solely as a problem of individual perception, and toward theories that view individual cognitive processes as related to group membership. While present social science yields no consensus view, there is a striking emphasis in the current literature on group identity theories as "powerful determinants of behavior." These theories, which stress the importance of prejudice as a group-based phenomenon and focus on "social-structural theories of group …
The Economic Analysis Of Evidence Law: Common Sense On Stilts, Richard O. Lempert
The Economic Analysis Of Evidence Law: Common Sense On Stilts, Richard O. Lempert
Articles
There was a time when the empire of Law was not overrun by economists. The economists had their own fiefdoms to be sure-there was the Duchy of Antitrust and the Kingdom of Regulatory Law-but the economists lived in peace within these borders, welcoming many unlike themselves into their midst, only gently proselytizing their students in the first few classes of a term, and swearing fealty to the law. It is true that a few marauders from beyond the borders saw the wealth of the empire and sought to colonize it, but even the most daring, Archbishop Coase and Duke Gary …
Evaluating The Sex Discrimination Argument For Lesbian And Gay Rights, Edward D. Stein
Evaluating The Sex Discrimination Argument For Lesbian And Gay Rights, Edward D. Stein
Articles
The sex discrimination argument for lesbian and gay rights analyzes laws that discriminate on the basis of sexual orientation in terms of sex discrimination. For example, sodomy laws that prohibit only same-sex sexual activities are analyzed as discriminating on the basis of sex because they prohibit women from doing something men are permitted to do, that is, have sex with women. This argument has been championed by some scholars and litigators, and it has persuaded some judges. Edward Stein shows that there are sociological, theoretical, moral, and practical problems facing the sex discrimination argument. He suggests that there are better …
Beyond Exit And Voice: User Participation In The Production Of Local Public Goods, Lee Anne Fennell
Beyond Exit And Voice: User Participation In The Production Of Local Public Goods, Lee Anne Fennell
Articles
No abstract provided.
College Students’ Perceptions Of The C-Print Speech-To-Text Transcription System, Lisa B. Elliot, Michael Stinson, Barbara G. Mckee, Victoria S. Everhart, Pamela J. Francis
College Students’ Perceptions Of The C-Print Speech-To-Text Transcription System, Lisa B. Elliot, Michael Stinson, Barbara G. Mckee, Victoria S. Everhart, Pamela J. Francis
Articles
C-Print is a real-time speech-to-text transcription system used as a support service with deaf students in mainstreamed classes. Questionnaires were administered to 36 college students in 32 courses in which the C-Print system was used in addition to interpreting and notetaking. Twenty-two of these students were also interviewed. Questionnaire items included student ratings of lecture comprehension. Student ratings indicated good comprehension with C-Print, and the mean rating was significantly higher than that for understanding of the interpreter. Students also rated the hard-copy printout provided by C-Print as helpful, and they reported that they used these notes more frequently than the …
Citizen Participation In Judicial Decision Making: Juries, Lay Judges And Japan, Richard O. Lempert
Citizen Participation In Judicial Decision Making: Juries, Lay Judges And Japan, Richard O. Lempert
Articles
In the late 1920s and 1930s Japan had a jury system. It was suspended in 1943 as a wartime measure, but it had fallen into desuetude long before that. Arguably it was like the Spanish jury, which has several times risen during periods of relative political liberalism or populism and been suppressed during periods of militarism and autocracy. That is, it may be more than a coincidence that use of the Japanese jury fell precipitously during the 1930s as militarism took hold of the Japanese nation. Now the reinstatement of the Japanese jury is again being seriously considered. Similarly it …
On American Legal Education Reform In Japanese Legal Education, Carl E. Schneider
On American Legal Education Reform In Japanese Legal Education, Carl E. Schneider
Articles
The one hundredth anniversary of the Kyoto University Faculty of Law is the kind of splendid occasion when, as Justice Oliver Wendell Holmes remarked, a distinguished institution "becomes conscious of itself and its meaning." I can hardly express my pleasure at being invited to join in your celebration; but I must express my fear that I can add little to it. When Dean Tanaka kindly invited me, I should probably have declined, for I, a foreigner, can hardly know enough about an institution so central to the life of its country and its profession to speak of it and its …
Early Childhood Education In Ireland: Policy, Provision And Practice, Noirin Hayes
Early Childhood Education In Ireland: Policy, Provision And Practice, Noirin Hayes
Articles
No abstract provided.
Interpretive Communities: The Missing Element In Statutory Interpretation, William S. Blatt
Interpretive Communities: The Missing Element In Statutory Interpretation, William S. Blatt
Articles
No abstract provided.
Introduction: Guns, Crime, And Punishment In America, Bernard E. Harcourt
Introduction: Guns, Crime, And Punishment In America, Bernard E. Harcourt
Articles
No abstract provided.
Standing And Spending - The Role Of Legal And Equitable Principles, Richard A. Epstein
Standing And Spending - The Role Of Legal And Equitable Principles, Richard A. Epstein
Articles
No abstract provided.
Race Prosecutors, Race Defenders, Anthony V. Alfieri
The Back-Door To Prison: Waiver Reform, "Blended Sentencing," And The Law Of Unintended Consequences, Marcy Rasmussen Podkopacz, Barry C. Feld
The Back-Door To Prison: Waiver Reform, "Blended Sentencing," And The Law Of Unintended Consequences, Marcy Rasmussen Podkopacz, Barry C. Feld
Articles
The Minnesota innovation, "Extended Jurisdiction Juvenile Prosecution (EJJ)," allowed judges simultaneously to impose a delinquency disposition and an adult criminal sentence, the execution of which the judge stayed pending successful completion of the delinquency sentence. Podkapacz and Feld analyze the implementation of Minnesota's new EJJ blended sentencing law in Hennepin County, the largest metropolitan county in the state.
The Trusteeship Of Legal Rulemaking, Edward S. Adams, Richard A. Saliterman
The Trusteeship Of Legal Rulemaking, Edward S. Adams, Richard A. Saliterman
Articles
Professor Robert D. Putnam's work is, in many respects, the contemporary companion to Democracy in America.' It comprehensively surveys and tests common presumptions held about our democracy with apparently very reliable quantitative data. Until recently, a work of this depth and breadth has been unavailable. Putnam sets forth a well supported thesis suggesting that even though American financial capital may be at a high, its "social capital" has perhaps reached a record low, or at least a level similar to the social, economic, and legal bottleneck of a century ago.' His use of empirical and combined data, however, probes into …
Crime Control And Feminist Law Reform In Domestic Violence Law: A Critical Review, Donna Coker
Crime Control And Feminist Law Reform In Domestic Violence Law: A Critical Review, Donna Coker
Articles
No abstract provided.
E' Is For Eclectic: Multiple Perspectives On Evidence (Symposium: New Perspectives On Evidence), Richard D. Friedman
E' Is For Eclectic: Multiple Perspectives On Evidence (Symposium: New Perspectives On Evidence), Richard D. Friedman
Articles
A conference titled "New Perspectives on Evidence: Experts, Empirical Study and Economics" has a pronounced alliterative theme, a theme made even more apparent when, inevitably in evidentiary discourse, epistemological questions come to the fore. It is enough to make one suspect that the conference is secretly brought to you by the letter "E," hiding behind its public front, the Olin Foundation. Putting aside such conspiratorial thoughts, all these "E's" suggest the presence of a meta-"E"-Eclecticism. Indeed, I believe this conference has demonstrated the need for an eclectic approach to evidentiary problems. That should be no surprise. The domain of evidentiary …
Essay: Recent Trends In American Legal Education, Paul D. Reingold
Essay: Recent Trends In American Legal Education, Paul D. Reingold
Articles
An American law professor in Japan has much more to learn than to teach. A foreigner like me - who comes to Japan on short notice, with no knowledge of Japanese culture and institutions, and with no Japanese language skills - sets himself a formidable task. Happily, the courtesy of my hosts, the patience of my colleagues, and the devotion of my students, have made for a delightful visit. I thank all of you. You asked me to talk about American legal education. As you surely know, the system of legal education in the U.S. is very different from the …
Rescue And The War Story, William I. Miller
Rescue And The War Story, William I. Miller
Articles
It is precisely in the domain of rescue that twentieth-century battle has made its peculiar addition to the styles of the heroic.
Focusing The Reparations Debate Beyond 1865 Book Review, Alberto B. Lopez
Focusing The Reparations Debate Beyond 1865 Book Review, Alberto B. Lopez
Articles
No abstract provided.
The Intervention Of American Law In Jewish Divorce: A Pluralist Analysis, Suzanne Last Stone
The Intervention Of American Law In Jewish Divorce: A Pluralist Analysis, Suzanne Last Stone
Articles
The article examines the tension between gender equality and religious freedom through the lens of the *agunah* problem in Jewish law, where women are unable to remarry due to their husbands' refusal to grant a Jewish divorce (*get*). It critiques civil remedies aimed at addressing this issue, such as the Get Law, and evaluates their constitutional implications under the religion clauses. The analysis uses pluralist theories to assess how the liberal state should respond to conflicts between universal rights and group-specific legal practices, arguing that current approaches often undermine cultural diversity and individual rights within religious groups.
Law And Regret (Reviewing E. Allan Farnsworth, Changing Your Mind: The Law Of Regretted Decisions (1998)), Eric A. Posner
Law And Regret (Reviewing E. Allan Farnsworth, Changing Your Mind: The Law Of Regretted Decisions (1998)), Eric A. Posner
Articles
No abstract provided.
Rationality In Law And Economics Scholarship, Jeanne L. Schroeder
Rationality In Law And Economics Scholarship, Jeanne L. Schroeder
Articles
Jeanne L. Schroeder critiques Richard Posner's conception of rationality in law and economics, arguing that his broad and evolving definition dilutes the concept, rendering it too vague and analytically weak. She advocates for a more nuanced approach that integrates psychological insights and acknowledges the limitations of traditional economic models. Schroeder emphasizes the need for empirical accuracy and theoretical rigor, challenging Posner's dismissal of behavioral economics and his reliance on evolutionary biology for explanations of irrational behavior.