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Articles 1321 - 1350 of 1579
Full-Text Articles in Entire DC Network
Outsider Jurisprudence And The Electronic Revolution: Will Technology Help Or Hinder The Cause Of Law Reform, Jean Stefancic, Richard Delgado
Outsider Jurisprudence And The Electronic Revolution: Will Technology Help Or Hinder The Cause Of Law Reform, Jean Stefancic, Richard Delgado
Articles
No abstract provided.
Hindsight And Causality, David Wasserman, Richard O. Lempert, Reid Hastie
Hindsight And Causality, David Wasserman, Richard O. Lempert, Reid Hastie
Articles
When people know how an event turned out, they are usually unable to reproduce the judgments they would have made without outcome knowledge. Furthermore, they are unaware of their inability to recapture their pre-outcome state of mind. This tendency to overestimate what they would have known without the outcome knowledge is called "hindsight." An experiment explored the moderating effects of the type of cause to which the outcome was attributed on the magnitude of the hindsight effect. When the outcome was attributed to unforeseeable "chance" factors, such as an unexpected storm or an earthquake, the hindsight effect was virtually eliminated. …
History's Challenge To Feminism, Jeanne L. Schroeder
Unrightable Wrongs: The Rehnquist Court, Civil Rights, And An Elegy For Dreams, D. Marvin Jones
Unrightable Wrongs: The Rehnquist Court, Civil Rights, And An Elegy For Dreams, D. Marvin Jones
Articles
No abstract provided.
The Debate Over The Civil Jury In Historical Perspective, Hans Zeisel
The Debate Over The Civil Jury In Historical Perspective, Hans Zeisel
Articles
No abstract provided.
Duncan Kennedy On Affirmative Action, Richard A. Posner
Duncan Kennedy On Affirmative Action, Richard A. Posner
Articles
No abstract provided.
The Third Best Choice: An Essay On Law And History, Theodore Y. Blumoff
The Third Best Choice: An Essay On Law And History, Theodore Y. Blumoff
Articles
The thesis of this Essay is that our use of history is as essential and unavoidable as conclusive answers are irretrievable. Irretrievability exists whether the historical reality sought results from a survey of traditional historical materials in an effort to recapture original understanding, or from a common-law effort to discover the Court's own history of an issue. In either case, however, the need to attempt to recover historical truths is perceived as essential. I subscribe, for the most part, to the contextualist premise that we cannot recover sufficient historical data on issues that matter to make history determinate in the …
Political Economy, Administrative Law: A Comment Comment, Cass R. Sunstein
Political Economy, Administrative Law: A Comment Comment, Cass R. Sunstein
Articles
No abstract provided.
Principles Against Executions, David Weissbrodt, Terri Rosen
Principles Against Executions, David Weissbrodt, Terri Rosen
Articles
The right to be free from extra-legal, arbitrary, or summary ex- ecutions is recognized in a number of international human rights in- struments. Such killings violate article 6 of the International Covenant on Civil and Political Rights,' which provides that "every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life."
Just Deserts For Juveniles: Punishment V. Treatment And The Difference It Makes, Barry Feld
Just Deserts For Juveniles: Punishment V. Treatment And The Difference It Makes, Barry Feld
Articles
No abstract provided.
Speaking Out Of Turn: The Story Of Josephine V., Anthony V. Alfieri
Speaking Out Of Turn: The Story Of Josephine V., Anthony V. Alfieri
Articles
No abstract provided.
The Politics Of Clinical Knowledge, Anthony V. Alfieri
Reconstructive Poverty Law Practice: Learning Lessons Of Client Narrative, Anthony V. Alfieri
Reconstructive Poverty Law Practice: Learning Lessons Of Client Narrative, Anthony V. Alfieri
Articles
No abstract provided.
Non-Sexist Teaching Techniques In Substantive Law Courses, Mary I. Coombs
Non-Sexist Teaching Techniques In Substantive Law Courses, Mary I. Coombs
Articles
No abstract provided.
Changing Company Law? (Book Review), Caroline Bradley, Judith Freedman
Changing Company Law? (Book Review), Caroline Bradley, Judith Freedman
Articles
No abstract provided.
Generalization In Interpretive Theory, Joseph Vining
Generalization In Interpretive Theory, Joseph Vining
Articles
There are arguments at large about the nature of legal interpretation, proceeding from an implicit proposition that interpretation is the same phenomenon or experience whatever its setting. An assumption that there is one phenomenon can be found in discussions among lawyers of interpretation and in discussions among nonlawyers of legal interpretation-and as often in the work of those who would deny there is any significance to theorizing about interpretation, as of those who think persuasion to a particular theory will have the utmost consequence for law and society. Proceeding from such a proposition, rather than toward it, raises the risk …
Dedication To Karl Krastin, Lester Brickman
Dedication To Karl Krastin, Lester Brickman
Articles
The article pays tribute to Karl Krastin, highlighting his significant influence on the author's academic and professional journey. Krastin, a proponent of the "Law, Science, and Policy" approach, played a pivotal role in mentoring the author and other scholars, guiding them towards Yale's graduate program and into law teaching. His leadership as dean at Toledo College of Law fostered institutional growth and intellectual development, despite challenges arising from his democratic management style.
Entering With A Vengeance: Posner On Law And Literature, Richard H. Weisberg
Entering With A Vengeance: Posner On Law And Literature, Richard H. Weisberg
Articles
The article critiques Richard A. Posner's book Law and Literature: A Misunderstood Relation, arguing that while it offers a comprehensive analysis of law-related literature, it reflects Posner's authoritarian bias and dismisses literature's critical potential to challenge legal authority. Posner's approach is seen as overly deductive and dismissive of literary insights that question legal power structures.
Conservative Feminism, Richard A. Posner
The Future Of Law And Economics: A Comment On Ellickson, Richard A. Posner
The Future Of Law And Economics: A Comment On Ellickson, Richard A. Posner
Articles
No abstract provided.
Discriminatory Intent And The Taming Of Brown, David A. Strauss
Discriminatory Intent And The Taming Of Brown, David A. Strauss
Articles
No abstract provided.
The Inside Counsel Movement, Professional Judgment And Organizational Representation, Robert Eli Rosen
The Inside Counsel Movement, Professional Judgment And Organizational Representation, Robert Eli Rosen
Articles
No abstract provided.
Work On A Labor Theory Of Meaning, Kenneth M. Casebeer
Politics, Differences And Economic Rights, Mary E. Becker
Politics, Differences And Economic Rights, Mary E. Becker
Articles
No abstract provided.
The Right To Counsel In Juvenile Court: An Empirical Study Of When Lawyers Appear And The Difference They Make, Barry C. Feld
The Right To Counsel In Juvenile Court: An Empirical Study Of When Lawyers Appear And The Difference They Make, Barry C. Feld
Articles
No abstract provided.
Bad Law Makes Hard Cases: Reflections On Teen-Aged Axe-Murderers, Judicial Activism, And Legislative Default, Barry C. Feld
Bad Law Makes Hard Cases: Reflections On Teen-Aged Axe-Murderers, Judicial Activism, And Legislative Default, Barry C. Feld
Articles
Waiver legislation in Minnesota, as in most other States, typically requires juvenile court judges to make individualized determinations as to a juvenile's amenability to treatment and danger to society as the basis for deciding whether to transfer the juvenile to adult court for disposition. Disposition in adult court allows for a more severe sanction than that permitted under the maximum sentence that can be dispensed in juvenile court. The difficulty and disparity in applying this waiver law lies in the discretion given to juvenile justice judges and the diverse criteria applied in judicial decisionmaking, both in the juvenile court and …
Corporate Debt Relationships: Legal Theory In A Time Of Restructuring, William Wilson Bratton
Corporate Debt Relationships: Legal Theory In A Time Of Restructuring, William Wilson Bratton
Articles
No abstract provided.
Minority Law Professors' Lives: The Bell-Delgado Survey, Richard Delgado
Minority Law Professors' Lives: The Bell-Delgado Survey, Richard Delgado
Articles
Presents the results of a survey of job satisfaction among law professors of color Reveals how minority professors reported their experiences within 11 discrete categories including academic freedom institutional climate relations with students and collegial support Concludes that many law professors suffer high levels of stress associated with their work some of it arising from racism and marginalization
Zero-Based Racial Politics: An Evaluation Of Three Best-Case Arguments On Behalf Of The Nonwhite Underclass Commentary, Richard Delgado
Zero-Based Racial Politics: An Evaluation Of Three Best-Case Arguments On Behalf Of The Nonwhite Underclass Commentary, Richard Delgado
Articles
No abstract provided.
Legal Affinities, Joseph Vining
Legal Affinities, Joseph Vining
Articles
Not long ago, any question of the kind "How may theology serve as a resource in understanding law?" would have been hardly conceivable among lawyers. When Lon Fuller brought out his first book in 1940, The Law in Quest of Itself, he could think of no better way of tagging his adversary the legal positivist than to note a "parallel between theoretical theology and analytical jurisprudence." Two decades later, in the name of realism, Thurman Arnold dismissed Henry Hart's non-positivist jurisprudence in harsh terms. A master of the cutting phrase, he confidently entitled his attack "Professor Hart's Theology." Two decades …