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Articles 3001 - 3030 of 3102
Full-Text Articles in Entire DC Network
Crime In The Stacks, Or A Tale Of A Text: A Feminist Response To A Criminal Law Textbook, Mary I. Coombs
Crime In The Stacks, Or A Tale Of A Text: A Feminist Response To A Criminal Law Textbook, Mary I. Coombs
Articles
No abstract provided.
Market And Regulatory Approaches To Medical Malpractice: The Virginia Obstetrical No-Fault Statute, Richard A. Epstein
Market And Regulatory Approaches To Medical Malpractice: The Virginia Obstetrical No-Fault Statute, Richard A. Epstein
Articles
No abstract provided.
What The Baby M Case Is Really All About, Judith T. Younger
What The Baby M Case Is Really All About, Judith T. Younger
Articles
No abstract provided.
Academic Freedom And Academic Values In Sponsored Research, Rebecca S. Eisenberg
Academic Freedom And Academic Values In Sponsored Research, Rebecca S. Eisenberg
Articles
In this Article I examine the traditional American conception of academic freedom and analyze its implications for universities formulating policies on the acceptance of sponsored research. I begin by reviewing the basic policy statements of the American Association of University Professors (AAUP) on academic freedom to identify both the academic values implicit in those statements and the assumptions about institutional relationships and individual incentives underlying their prescriptions for advancing those values. I then evaluate the validity of those underlying assumptions in contemporary sponsored research and argue that academic freedom as traditionally conceived might no longer effectively advance academic values in …
Projection Crystallography, Alan Pomplun
Projection Crystallography, Alan Pomplun
Articles
The birefringent properties of many crystalline substances can create vivid collages when combined with polarized illumination. High magnification photographs of these patterns can be produced simply without the use of a microscope or other expensive equipment. The technique involves projecting an enlarged crystal pattern with a condenser enlarger onto 35mm film.
Proprietary Rights And The Norms Of Science In Biotechnology Research, Rebecca S. Eisenberg
Proprietary Rights And The Norms Of Science In Biotechnology Research, Rebecca S. Eisenberg
Articles
As basic research in biotechnology yields increasing commercial applications, scientists and their research sponsors have become more eager to protect the commercial value of research discoveries through intellectual property law. Some scientists fear that these commercial incentives will weaken or even undermine the norms that have traditionally governed scientific research. In this Article, Professor Eisenberg examines the interaction of proprietary rights in inventions with these traditional scientific norms. Trade secrecy, she argues, is an undesirable strategy for protection of basic research discoveries because it impedes dissemination of new knowledge to the scientific community. She finds that patent law is in …
The American Advantage: The Value Of Inefficient Litigation, Samuel R. Gross
The American Advantage: The Value Of Inefficient Litigation, Samuel R. Gross
Articles
In a recent article, The German Advantage in Civil Procedure,1 Professor John Langbein claims that the German system of civil litigation is superior to the American; in an earlier article he makes a parallel claim about German criminal procedure.2 Roughly, Professor Langbein argues that by comparison to the German process, American litigation is overly complex, expensive, slow, and unpredictable - in short, inefficient.3 Professor Langbein is not the first and will not be the last to criticize American legal institutions in these terms, but he expresses this criticism particularly well: he is concise and concrete, he describes American practice by …
The Decline Of Law As An Autonomous Discipline: 1962-1987, Richard A. Posner
The Decline Of Law As An Autonomous Discipline: 1962-1987, Richard A. Posner
Articles
No abstract provided.
The Compact Clause And Transboundary Problems: A Federal Remedy For The Disease Most Incident To A Federal Government, Dale Goble
Articles
The political and constitutional relationship that is known as "federalism" creates boundaries that often do not correspond to resources. The anadromous salmon and steelhead of the Columbia River Basin, for example, cross several jurisdictional boundaries during their life cycle. Jurisdictional boundaries frequently contribute to poor resource planning because some actors are excluded. One traditional response to such transboundary resource difficulties has been to nationalize the problem, thus creating a forum in which all of the actors may participate. Nationalization, however, may be overinclusive when the problem is regional. An alternative that is potentially more sensitive to local concerns is found …
Ocean Incineration Of Hazardous Waste Symposium: Toxic Waste: Corporate And Government Responsibility, William L. Andreen
Ocean Incineration Of Hazardous Waste Symposium: Toxic Waste: Corporate And Government Responsibility, William L. Andreen
Articles
No abstract provided.
Siamese Essays: (I) Cts Corp. V. Dynamics Corp. Of America And Dormant Commerce Clause Doctrine; (Ii) Extraterritorial State Legislation, Donald H. Regan
Siamese Essays: (I) Cts Corp. V. Dynamics Corp. Of America And Dormant Commerce Clause Doctrine; (Ii) Extraterritorial State Legislation, Donald H. Regan
Articles
What follows is two essays, related as Siamese twins. Both essays developed from a single conception. They are distinct, but they remain connected by a shared subtopic. The first essay is about CTS Corp. v. Dynamics Corp. of America1 as a contribution to dormant commerce clause doctrine. The second essay is about the constitutional principle that states may not legislate extraterritorially, which I shall refer to as the "extraterritoriality principle." The shared subtopic is the extraterritoriality problem in CTS. (There is an extraterritoriality problem in CTS, even though the Court does not discuss it in those terms.) I could have …
Guerilla Decisionmaking: Judicial Review Of Risk Assessments, William H. Rodgers, Jr.
Guerilla Decisionmaking: Judicial Review Of Risk Assessments, William H. Rodgers, Jr.
Articles
This paper describes four types of uncertainty confronted by decisionmakers undertaking risk assessments. It then discusses individual and institutional responses to uncertainty; these include both formal attempts to acquire more information, and pragmatic efforts to isolate and act upon salient considerations. The tendency of decisionmakers to narrow the agenda and search for a decisive datum or metaphor is called guerilla decisionmaking. Courts oversee agency decisions by techniques known widely in the legal community as the hard-look doctrine. This doctrine is defined, and the case law is used to illustrate how courts insist upon identification of salient risk-assessment factors and the …
Text Into Theory: A Literary Approach To The Constitution, Richard H. Weisberg
Text Into Theory: A Literary Approach To The Constitution, Richard H. Weisberg
Articles
The article explores the evolving dialogue between legal scholars and literary theorists, particularly focusing on how judicial opinions can be viewed as narrative fictions. It challenges traditional notions of textual autonomy in legal interpretation, suggesting that meaning is not fixed but is shaped by subjective readings. The analysis critiques the dichotomy between interpretivism and noninterpretivism, arguing that both approaches are inherently subjective. Drawing on historical and structural interpretations of the Constitution, the article advocates for a balanced approach that considers both textual integrity and communal values, emphasizing that constitutional truths are embedded within societal ideas rather than being strictly majoritarian …
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.
From Muller V. Oregon To Fetal Vulnerability Policies, Mary E. Becker
From Muller V. Oregon To Fetal Vulnerability Policies, Mary E. Becker
Articles
No abstract provided.
Past And Future: The Temporal Dimension In The Law Of Property, Richard A. Epstein
Past And Future: The Temporal Dimension In The Law Of Property, Richard A. Epstein
Articles
No abstract provided.
Council And The Constitution: An Article On The Constitutionality Of The Northwest Power Planning Council, Dale Goble
Council And The Constitution: An Article On The Constitutionality Of The Northwest Power Planning Council, Dale Goble
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.
Informed Consent In Human Experimentation: Bridging The Gap Between Ethical Thought And Current Practice, Richard Delgado, Helen Leskovac
Informed Consent In Human Experimentation: Bridging The Gap Between Ethical Thought And Current Practice, Richard Delgado, Helen Leskovac
Articles
No abstract provided.
Beyond Words Of Exhortation: The Congressional Prescription For Vigorous Federal Enforcement Of The Clean Water Act, William L. Andreen
Beyond Words Of Exhortation: The Congressional Prescription For Vigorous Federal Enforcement Of The Clean Water Act, William L. Andreen
Articles
No abstract provided.
Winning With Archimedian Principles, Henry Spira
Book Review (Reviewing Frederic Rogers Kellog, The Formative Essays Of Justice Holmes: The Making Of An American Legal Philosophy (1984) And H. L. Pohlman, Justice Oliver Wendell Holmes And Utilitarian Jurisprudence (1984)), Richard A. Posner
Articles
No abstract provided.
The Uncertain Quest For Welfare Rights, Richard A. Epstein
The Uncertain Quest For Welfare Rights, Richard A. Epstein
Articles
No abstract provided.
The Constitution As Mirror: Tribe's Constitutional Choices (Reviewing Laurence H. Tribe, Constitutional Choices (1985)), Richard A. Posner
The Constitution As Mirror: Tribe's Constitutional Choices (Reviewing Laurence H. Tribe, Constitutional Choices (1985)), Richard A. Posner
Articles
No abstract provided.
Introduction To The Symposium On Legal Structures For Managing The Pacific Northwest Salmon And Steelhead: The Biological And Historical Context, Dale Goble
Articles
No abstract provided.
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.
Protection Of Biodiversity Under The Public Trust Doctrine, Ralph W. Johnson, William C. Galloway
Protection Of Biodiversity Under The Public Trust Doctrine, Ralph W. Johnson, William C. Galloway
Articles
The public trust doctrine is an ancient Roman legal doctrine that has been applied in both England and the Umted States. The doctrine traditionally addressed questions of public access to and use of commercially navigable waters for navigation, fisheries and various other uses of the underlying seabeds, lake bottoms, and riverbeds. In recent years, the public trust doctrine has been invoked to protect birds and other wildlife, water quality, ecological and environmental values, and different types of recreation. Although no public trust case has applied the doctrine to protect biodiversity per se, it seems clear by analogy to existing case …
Pollution Control By Effluent Charges: It Works In The Federal Republic Of Germany, Why Not In The U.S., Gardner M. Brown Jr., Ralph W. Johnson
Pollution Control By Effluent Charges: It Works In The Federal Republic Of Germany, Why Not In The U.S., Gardner M. Brown Jr., Ralph W. Johnson
Articles
This article describes the recent Federal Republic of Germany effluent charge law and the political and legal background that permitted this law to be enacted. The impact of that law is assessed, although the assessment is necessarily tentative in view of the short experience with the law to date. The economic and legal implications of enacting an effluent charge law in the United States also are analyzed. Included in this discussion are the advantages and disadvantages of state vs. federal enactment, the constitutional objections that might be raised to such a law, and how it might be coordinated with existing …
B.R. Lakin: A Country Preacher, Elmer L. Towns
The Equal Credit Opportunity Act: A Functional Failure, John H. Matheson
The Equal Credit Opportunity Act: A Functional Failure, John H. Matheson
Articles
The Equal Credit Opportunity Act was enacted in 1974 as (1) a consumer protection statute designed to provide accurate information to and about consumers involved in credit transactions, and (2) an antidiscrimination statute designed to shield protected classes of consumers from discrimination in the granting of credit. The Federal Reserve Board promulgated regulations to further these statutory goals. Congress intended that the Act would be enforced through both private litigation and public compliance programs. Few private lawsuits have been brought under the Act, however, and public enforcement efforts have neither checked credit discrimination nor halted perpetuation of prior discrimination. Professor …