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Articles 1381 - 1410 of 1579
Full-Text Articles in Entire DC Network
The Ethereal Scholar: Does Critical Legal Studies Have What Minorities Want Minority Critiques Of The Critical Legal Studies Movement, Richard Delgado
The Ethereal Scholar: Does Critical Legal Studies Have What Minorities Want Minority Critiques Of The Critical Legal Studies Movement, Richard Delgado
Articles
No abstract provided.
Rationality, Accident, And Priority Under Article 9 Of The Uniform Commercial Code, David G. Carlson
Rationality, Accident, And Priority Under Article 9 Of The Uniform Commercial Code, David G. Carlson
Articles
The article argues that the priority rules under Article 9 of the Uniform Commercial Code (UCC) are not grounded in a coherent, rational principle but are instead the result of historical accidents and the influence of powerful interest groups. These rules create an asymmetrical system that favors expert lenders over amateur lenders, leading to inequities and inefficiencies. The author critiques justifications for these rules, such as efficiency and moral culpability, and advocates for a more ethical and equitable framework that aligns with societal notions of fairness.
Some Questions For Republicans, Don Herzog
Some Questions For Republicans, Don Herzog
Articles
Even a sleepy historiographer of political theory of some future day will notice the most dramatic revision of the last 25 years or so. I refer of course to the discovery-and celebration-of civic humanism. The devilish Machiavelli of Elizabethan times has been gently set aside for "the divine Machiavel," the one who writes, "I love my native city more than my soul." And historians of political thought have lovingly traced the transmission of civic humanism from Florence to England and America, giving us a brand new past. America, we now know, was not the unthinkingly Lockean land served up by …
The New Evidence Scholarship: Analyzing The Process Of Proof, Richard O. Lempert
The New Evidence Scholarship: Analyzing The Process Of Proof, Richard O. Lempert
Articles
When I began teaching evidence seventeen years ago, the field was moribund. The great systematizers of the common law-Wigmore, Maguire, McCormick, Morgan and their ilk-had come and, if they had not all already gone, their work was largely finished. Not only was most of what passed for evidence scholarship barely worth the reading-the same, after all, could be said of many fields of law at most times-but disregarding student work, few scholars were writing regularly on evidentiary matters.
Human Rights In Africa: Observations On The Implications Of Economic Priority, Minasse Haile
Human Rights In Africa: Observations On The Implications Of Economic Priority, Minasse Haile
Articles
The article argues that the failure of economic development strategies in Africa is deeply intertwined with the denial of civil and political rights, particularly for the rural poor. It critiques the "economic rights first" approach, which prioritizes material needs over democratic participation, and contends that such an approach is both principled and practically flawed. The analysis emphasizes that without civil and political rights, development strategies like the Basic Needs Strategy (BNS) are unlikely to succeed, as they require equitable distribution of wealth and benefits, which undemocratic regimes often fail to implement. The article also examines the limitations of both Afro-Marxist …
The Relationship Of Church Growth And Systematic Theology, Elmer L. Towns
The Relationship Of Church Growth And Systematic Theology, Elmer L. Towns
Articles
No abstract provided.
Neutrality Under The Religion Clauses, Michael W. Mcconnell
Neutrality Under The Religion Clauses, Michael W. Mcconnell
Articles
No abstract provided.
Law-The Last Of The Universal Disciplines, Soia Mentschikoff, Irwin P. Stotzky
Law-The Last Of The Universal Disciplines, Soia Mentschikoff, Irwin P. Stotzky
Articles
No abstract provided.
Judicial Criticism, James Boyd White
Judicial Criticism, James Boyd White
Articles
Today I shall talk about the criticism of judicial opinions, especially of constitutional opinions. This may at first seem to have rather little to do with our larger topic, "The Constitution and Human Values," but I hope that by the end I will be seen to be talking about that subject too. In fact I hope to show that in what I call our "criticism" our "values" are defined and made actual in most important ways.
Error Behind The Plate And In The Law, Richard O. Lempert
Error Behind The Plate And In The Law, Richard O. Lempert
Articles
Casey Stengel, the great manager of the New York Yankees, and later the New York Mets, once dreamed, or so he said, that he had died and gone to heaven. The Lord greeted him personally as he walked through the Pearly Gates. "Casey," he said, "I'm so glad you're here. I want you to form a baseball team." Casey looked around him. He saw Babe Ruth, Lou Gehrig, Ty Cobb, Tris Speaker, Christy Mathewson, Walter Johnson, Grover Cleveland Alexander, and others-all of baseball's immortals-and he said, "I'll see what I can do." Obviously, one can do a lot with such …
Doctrine In A Vacuum: Reflections On What A Law School Ought (And Ought Not) To Be, James Boyd White
Doctrine In A Vacuum: Reflections On What A Law School Ought (And Ought Not) To Be, James Boyd White
Articles
I have written earlier in these pages about the expectations-the fears and hopes-that one can appropriately bring to law school. In this paper I speak to those who are immersed in the process of legal education, on one side of the podium or the other, and wish to say something of what I think it is, and can be, all about.
The Twelve-Person, Unanimous Jury: Does It Have More Than History To Recommend It?, Richard O. Lempert
The Twelve-Person, Unanimous Jury: Does It Have More Than History To Recommend It?, Richard O. Lempert
Articles
My focus today will be on the twelve-person unanimous jury and on the contrasts between such juries and six-person juries or twelve-person juries than can return verdicts by ten-two or nine-three votes. Until about fifteen years ago, it appeared that the sixth and seventh amendments required all federal juries to have twelve members who reached unanimous verdicts, and it appeared possible that the Supreme Court would force the states to conform to the federal standards. Instead, the court did almost the opposite. It sanctioned juries as small as size six in state criminal cases and federal civil cases, and it …
Protecting Autonomy And Personhood In Human Subjects Research, Helen Leskovac, Richard Delgado
Protecting Autonomy And Personhood In Human Subjects Research, Helen Leskovac, Richard Delgado
Articles
No abstract provided.
Winning With Archimedian Principles, Henry Spira
Statistics In The Courtroom: Building On Rubinfeld, Richard O. Lempert
Statistics In The Courtroom: Building On Rubinfeld, Richard O. Lempert
Articles
As the use of statistics in litigation has burgeoned and as more complicated statistical techniques have entered the courtroom, concern for the way courts use statistics has mounted and efforts to instruct lawyers and judges on the wise use of statistics have begun. Professor Rubinfeld's paper is a contribution toward this end. Two ideas at the core of this paper are particularly important if we are to develop a more satisfactory approach to the use of statistics in the courtroom. The first is Professor Rubinfeld's caution against the talismanic use of the .05 level of significances as a test of …
Interest Groups In American Public Law, Cass R. Sunstein
Interest Groups In American Public Law, Cass R. Sunstein
Articles
No abstract provided.
Defining The Limits Of Crime Control And Due Process, Richard Frase
Defining The Limits Of Crime Control And Due Process, Richard Frase
Articles
In his latest book, Hans Zeisel argues that "law enforcement, important and essential as it is, cannot by itself significantly reduce crime" (p. 15). Thus, he concludes, we should redirect our efforts toward general prevention, starting with improvements in ghetto schools. Zeisel's thesis is supported by data from his study of the disposition of felony arrests in New York City 1 and is supplemented by his assessment of the results of recent criminal justice research in other jurisdictions. Zeisel, a pioneer in the application of social science research methods to issues of law and public policy, 2 presents a wealth …
Custody Investigation In Divorce Cases: The New York Law Revision Commission Proposal In Perspective, Robert Levy
Custody Investigation In Divorce Cases: The New York Law Revision Commission Proposal In Perspective, Robert Levy
Articles
No abstract provided.
How To Write A Law Review Article 1985 Minority Law Teachers Conference, Richard Delgado
How To Write A Law Review Article 1985 Minority Law Teachers Conference, Richard Delgado
Articles
No abstract provided.
How Should We Talk About Corporations? The Languages Of Economics And Of Citizenship, James Boyd White
How Should We Talk About Corporations? The Languages Of Economics And Of Citizenship, James Boyd White
Articles
My immediate subject in this Comment is section 2.01 of the American Law Institute's proposed Principles of Corporate Governance (Tentative Draft No. 2), which defines in general terms the proper objectives and conduct of a business corporation. My larger subject has to do with the adequacy and inadequacy of various languages in which corporate purposes and limits might be expressed, and especially with the limits of the economic language used in the ALI Draft.
Law As Rhetoric, Rhetoric As Law: The Arts Of Cultural And Communal Life, James Boyd White
Law As Rhetoric, Rhetoric As Law: The Arts Of Cultural And Communal Life, James Boyd White
Articles
In this paper I shall suggest that law is most usefully seen not, as it usually is by academics and philosophers, as a system of rules, but as a branch of rhetoric; and that the kind of rhetoric of which law is a species is most usefully seen not, as rhetoric usually is, either as a failed science or as the ignoble art of persuasion, but as the central art by which community and culture are established, maintained, and transformed. So regarded, rhetoric is continuous with law, and like it, has justice as its ultimate subject. I do not mean …
Rotten Social Background: Should The Criminal Law Recognize A Defense Of Severe Environmental Deprivation, Richard Delgado
Rotten Social Background: Should The Criminal Law Recognize A Defense Of Severe Environmental Deprivation, Richard Delgado
Articles
No abstract provided.
Human Rights, Stability, And Development In Africa: Some Observations On Concept And Reality, Minasse Haile
Human Rights, Stability, And Development In Africa: Some Observations On Concept And Reality, Minasse Haile
Articles
The article examines the challenges of implementing international human rights standards in sub-Saharan Africa, highlighting the tension between human rights and economic development. It argues that while human rights are essential, their realization is impeded by factors such as authoritarian governance, economic disparities, and the legacy of colonialism. The author advocates for a balanced approach that considers these challenges while promoting human rights, emphasizing the need to support pragmatic governance to gradually improve human rights conditions.
Criminalizing Juvenile Justice: Rules Of Procedure For The Juvenile Court, Barry C. Feld
Criminalizing Juvenile Justice: Rules Of Procedure For The Juvenile Court, Barry C. Feld
Articles
The 1967 United States Supreme Court decision In re Gault 1 precipitated a procedural revolution that has transformed the juvenile court into a legal institution very different from that envisioned by its Progressive creators. 2 In the years since Gault, states have struggled to bring the administration of their juvenile courts into harmony with the requirements of the Constitution, 3 aided by professional commentary and the continuing evolution of juvenile procedural due process requirements.
Brazil's Legal Culture: The Jeito Revisited, Keith S. Rosenn
Brazil's Legal Culture: The Jeito Revisited, Keith S. Rosenn
Articles
No abstract provided.
Normative Judgment, Social Change, And Legal Reasoning In The Context Of Abortion And Privacy, Stephen J. Schnably
Normative Judgment, Social Change, And Legal Reasoning In The Context Of Abortion And Privacy, Stephen J. Schnably
Articles
No abstract provided.
Use And Non-Use Of Contract Law In Japan, Whitmore Gray
Use And Non-Use Of Contract Law In Japan, Whitmore Gray
Articles
This article first defines the scope of enquiry, then surveys some of the existing literature, and finally, presents the results of my preliminary survey interviews and questionnaire. It is my hope that it will serve as a basis form discussion leading to better definition of the problems for research in this area, and will suggest ways to proceed to gather the information necessary for more sophisticated exposition and commentary.
The Moral Responsibility Of Law Schools, Terrance Sandalow
The Moral Responsibility Of Law Schools, Terrance Sandalow
Articles
The subject I have been asked to address, the moral responsibility of-law schools, is perplexing, less because answers to the implicit question are uncertain than because the meaning of the question is unclear. Our ideas about moral responsibility have been formed in reference to individuals. They presuppose the existence of distinctively human characteristics such as understanding and will. What, then, can be meant by the moral responsibility of "law schools," institutions that, just because they are not human, necessarily lack these capacities?
Fact, Norm, And Standard Of Review - The Case Of Homosexuality Symposium: The Legal System And Homosexuality - Approbation, Accommodation, Or Reprobation, Richard Delgado
Fact, Norm, And Standard Of Review - The Case Of Homosexuality Symposium: The Legal System And Homosexuality - Approbation, Accommodation, Or Reprobation, Richard Delgado
Articles
No abstract provided.
When Religious Exercise Is Not Free: Deprogramming And The Constitutional Status Of Coercively Induced Belief, Richard Delgado
When Religious Exercise Is Not Free: Deprogramming And The Constitutional Status Of Coercively Induced Belief, Richard Delgado
Articles
No abstract provided.