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Articles 1171 - 1200 of 1576
Full-Text Articles in Entire DC Network
Domestic Violence In Black And White: Racialized Gender Stereotypes In Gender Violence, Zanita E. Fenton
Domestic Violence In Black And White: Racialized Gender Stereotypes In Gender Violence, Zanita E. Fenton
Articles
No abstract provided.
The Constricted Meaning Of "Community" In Community Policing, Mary I. Coombs
The Constricted Meaning Of "Community" In Community Policing, Mary I. Coombs
Articles
No abstract provided.
Religion, Gender, Sexuality, Race And Class In Coalitional Theory: A Critical And Self-Critical Analysis Of Latcrit Social Justice Agendas, Elizabeth M. Iglesias, Francisco Valdes
Religion, Gender, Sexuality, Race And Class In Coalitional Theory: A Critical And Self-Critical Analysis Of Latcrit Social Justice Agendas, Elizabeth M. Iglesias, Francisco Valdes
Articles
No abstract provided.
Is American Law Inherently Racist Krinock Lecture Series, Richard Delgado, Daniel A. Farber
Is American Law Inherently Racist Krinock Lecture Series, Richard Delgado, Daniel A. Farber
Articles
No abstract provided.
Talking About Religion In The Language Of The Law: Impossible But Necessary, James Boyd White
Talking About Religion In The Language Of The Law: Impossible But Necessary, James Boyd White
Articles
In speaking to this conference about religion and law I am in a decidedly peculiar position, for it may be that every one of you has thought longer and harder about the relation between these two forms of life than I have. When Scott Idleman first asked me to talk to you, I explained that I was no expert, to put it mildly, and that the most that I could offer would be the reflections of a neophyte. He said that this was fine-perhaps he was just desperate for a speaker; perhaps he thought that it might be helpful to …
The Gift Of Language, Joseph Vining
The Gift Of Language, Joseph Vining
Articles
Style and substance cross-are genetically related as we now might want to say. Each draws on and is implied by the other. One point at which they cross is our sense of the nature of human language, what language is and can be, what it is not and can never be. The language of law is part of human language. Law is a distinctive form of thought, but it lives in human language. "Rule" might be thought synonymous with "law," but for all its talk of rules, the practice of law does not begin with a descriptive statement, or a …
Built On Lies: Preliminary Reflections On Evidence Law As An Autopoetic System, Richard O. Lempert
Built On Lies: Preliminary Reflections On Evidence Law As An Autopoetic System, Richard O. Lempert
Articles
This Symposium on Truth and Its Rivals seems most concerned with what one might think of as the "output" side of evidence law that is, whether the rules of evidence enhance the likelihood that trial verdicts will capture the true state of the matter giving rise to the litigation. From this perspective, the legitimate rivals to truth are values that may justify decisions that eclipse the truth. The most obvious examples are rules of privilege, which allow probative information to remain concealed even where it is essential to accurate fact finding.
Why Do Juries Get A Bum Rap: Reflections On The Work Of Valerie Hans, Richard O. Lempert
Why Do Juries Get A Bum Rap: Reflections On The Work Of Valerie Hans, Richard O. Lempert
Articles
The paper by Professor Valerie Hans that I have been asked to comment on examines the widespread expectation that jurors are prepared to hold businesses responsible in tort actions when they would not hold individual actors similarly responsible.1 Two reasons are commonly offered for this expectation. The first is that jurors naturally sympathize with individuals (like themselves) when people sue businesses, either because they identify with the plaintiffs as individuals or because they hold antibusiness attitudes. The second is that because businesses are often wealthy, a "deep pockets" effect exists such that jurors in negligence cases will find for undeserving …
Up From Individualism (The Brennan Center Symposium On Constitutional Law)." , Donald J. Herzog
Up From Individualism (The Brennan Center Symposium On Constitutional Law)." , Donald J. Herzog
Articles
I was sitting, ruefully contemplating the dilemmas of being a commentator, wondering whether I had the effrontery to rise and offer a dreadful confession: the first time I encountered the countermajoritarian difficulty, I didn't bite. I didn't say, "Wow, that's a giant problem." I didn't immediately start casting about for ingenious ways to solve or dissolve it. I just shrugged. Now I don't think that's because my commitments to either democracy or constitutionalism are somehow faulty or suspect. Nor do I think it's that they obviously cohere. It's rather that the framing, "look, these nine unelected characters can strike down …
Justice Rabinowitz And Personal Freedom: Evolving A Constitutional Framework, Jeff M. Feldman
Justice Rabinowitz And Personal Freedom: Evolving A Constitutional Framework, Jeff M. Feldman
Articles
This Article honors the contributions former Chief Justice Jay Rabinowitz has made to Alaskan jurisprudence in the areas of individual privacy and freedom of expression. It begins by tracing the development of the Alaska Supreme Court’s protection of individual rights above and beyond that provided by the federal courts.The Article then provides a thorough analysis of two decisions authored by Justice Rabinowitz, Breese v. Smith and Ravin v. State, which have laid the foundation for heightened protection of privacy and freedom of expression rights in Alaska. Next, the Article discusses the influence and application of these two cases on …
Couriers Without Luggage: Negotiable Instruments And Digital Signatures, Jane Kaufman Winn
Couriers Without Luggage: Negotiable Instruments And Digital Signatures, Jane Kaufman Winn
Articles
Prior to the very recent explosion of interest in the Internet, for decades electronic commerce had been conducted on a large scale over closed networks. Since the late 1960s, billions of dollars in funds transfers have been executed over networked computer systems such as the Federal Reserve Wire Network (Fedwire), Clearing House Interbank Payment System (CHIPS), and the automated clearing house system (ACH); billions of dollars of goods have been sold over electronic data interchange networks. These closed, proprietary networks were built during the era of mainframe computer systems and are now being challenged by open networks of distributed client-server …
Child Sexual Abuse In Ireland: An Historical And Anthropological Note, Kevin Lalor
Child Sexual Abuse In Ireland: An Historical And Anthropological Note, Kevin Lalor
Articles
Child sexual abuse in Ireland has entered the public domain only in the last twenty years. This process was accelerated by a number of high profile cases which became public in the mid 1990s. Prior to the recent past, few references to child sexual abuse in Ireland exist. The first written evidence is found in the Penitentials of the early Christian period. Penance is specified for those that “misuse” children. Mention of adult child sexual relations is also found in the Brehon law texts. Historians, sociologists and anthropologists of childhood suggest that patterns of child rearing vary across time and …
Latino And Latina Critical Theory: An Annotated Bibliography Latcrit: Latinas/Os And The Law: A Joint Symposium By California Law Review And La Raza Law Journal: Policy, Politics, And Praxis, Jean Stefancic
Articles
No abstract provided.
Of Flutes, Oboes And The As If World Of Evidence Law, Richard O. Lempert
Of Flutes, Oboes And The As If World Of Evidence Law, Richard O. Lempert
Articles
Reading Allen's article, I am reminded of a cold war parable I heard during the 1960s. It concerned a flute and an oboe who joined an orchestra one year and immediately set to quarrelling. The flute was distressed because whenever it was playing at its lyrical best the oboe would enter. drowning it out. The oboe was affronted because its deepest, most sonorous passages were invariably ruined by the high-pitched flute butting in. When the orchestra split up for the summer and these quarrelsome instruments went their separate ways, the flute, as it angrily contemplated the oboe, found itself stretching …
The Descending Trail: Holmes' Path Of The Law One Hundred Years Later, Albert Alschuler
The Descending Trail: Holmes' Path Of The Law One Hundred Years Later, Albert Alschuler
Articles
No abstract provided.
After The Dna Wars: Skirmishing With Nrc Ii, Richard O. Lempert
After The Dna Wars: Skirmishing With Nrc Ii, Richard O. Lempert
Articles
This article traces some of the controversies surrounding DNA evidence and argues that although many have been laid to rest by scientific developments confirmed in the National Research Council's second DNA report, there remain several problems which are likely to lead to continued questioning of standard ways prosecutors present DNA evidence. Although much about the report is to be commended, it falls short in several ways, the most important of which is in its support for presenting random match probabilities independent of plausible error rates. The article argues that although one can sympathize with the NRC committee's decision as an …
Technological Change And Doctrinal Persistence: Telecommunications Reform In Congress And The Court, Monroe E. Price, John F. Duffy
Technological Change And Doctrinal Persistence: Telecommunications Reform In Congress And The Court, Monroe E. Price, John F. Duffy
Articles
In recent years, both the Supreme Court and the Congress have made much of the rapid pace of technological change within the telecommunications industry. In passing the Telecommunications Act of 1996, for example, Congressional leaders described these changes in almost millennial terms, predicting that "convergence" of communications technologies would beget a new regulatory world in which telecommunications technologies would no longer be regulated in a piece-mea4 media-specific fashion, but rather as part of a unified, coherent scheme. The Supreme Court, likewise, has portrayed changes in telecommunications technology as reason to move its First Amendment jurisprudence away from media-specific categories and …
Playing The "Culture Card": Trials In A Mutli-Cultural Democracy, Richard O. Lempert
Playing The "Culture Card": Trials In A Mutli-Cultural Democracy, Richard O. Lempert
Articles
As I write, the racial divide in America is said to be greater than at any time in the past 25 years.' Two events are blamed: the O.J. Simpson criminal trial and the Louis Farrakan led "Million Man March." That these events should exacerbate racial division is extraordinary. The Farrakan led march brought together between 400,000 and 800,000 black males to pledge that they would take the kind of responsibility for their actions and their families that white Americans have long argued they should take. The O.J. Simpson trial was more a "who done it" than a racial morality play. …
Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri
Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri
Articles
No abstract provided.
The Epistemology Of Admissibility: Why Even Good Philosophy Of Science Would Not Make For Good Philosophy Of Evidence, Brian Leiter
The Epistemology Of Admissibility: Why Even Good Philosophy Of Science Would Not Make For Good Philosophy Of Evidence, Brian Leiter
Articles
No abstract provided.
Why Quine Is Not A Postmodernist, Brian Leiter
The Origin, Development, And Regulation Of Norms, Richard H. Mcadams
The Origin, Development, And Regulation Of Norms, Richard H. Mcadams
Articles
No abstract provided.
Comment: Accounting For Norms, Richard H. Mcadams
The Future Of Law And Economics: Looking Forward, Richard A. Posner
The Future Of Law And Economics: Looking Forward, Richard A. Posner
Articles
No abstract provided.
Constraint And Confession, Albert W. Alschuler
The Future Of Law And Economics: Looking Forward, Douglas G. Baird
The Future Of Law And Economics: Looking Forward, Douglas G. Baird
Articles
No abstract provided.
Abuse Excuse And Patriarchal Narratives, Mary E. Becker
Abuse Excuse And Patriarchal Narratives, Mary E. Becker
Articles
No abstract provided.
Simple Games In A Complex World: A Generative Approach To The Adoption Of Norms, Randal C. Picker
Simple Games In A Complex World: A Generative Approach To The Adoption Of Norms, Randal C. Picker
Articles
No abstract provided.
Altruism, Status, And Trust In The Law Of Gifts And Gratuitous Promises, Eric A. Posner
Altruism, Status, And Trust In The Law Of Gifts And Gratuitous Promises, Eric A. Posner
Articles
No abstract provided.
Rational Choice, Behavioral Economics, And The Law, Richard A. Posner
Rational Choice, Behavioral Economics, And The Law, Richard A. Posner
Articles
No abstract provided.