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Articles 8341 - 8370 of 9606
Full-Text Articles in Entire DC Network
A Clear View Of The Cathedral: The Dominance Of Property Rules, Richard A. Epstein
A Clear View Of The Cathedral: The Dominance Of Property Rules, Richard A. Epstein
Articles
No abstract provided.
Unifying Remedies: Property Rules, Liability Rules, And Startling Rules, Saul Levmore
Unifying Remedies: Property Rules, Liability Rules, And Startling Rules, Saul Levmore
Articles
No abstract provided.
Judges And Economics: Normative, Positive, And Experimental Perspectives, Saul Levmore
Judges And Economics: Normative, Positive, And Experimental Perspectives, Saul Levmore
Articles
No abstract provided.
Standards, Rules, And Social Norms, Eric A. Posner
Principle And Its Perils, David A. Strauss
The Proper Goals Of Antitrust: When Public And Private Interests Collide, Richard A. Epstein
The Proper Goals Of Antitrust: When Public And Private Interests Collide, Richard A. Epstein
Articles
No abstract provided.
Rethinking Legal Realism: Toward A Naturalized Jurisprudence, Brian Leiter
Rethinking Legal Realism: Toward A Naturalized Jurisprudence, Brian Leiter
Articles
No abstract provided.
Conceptions Of Legal Theory: A Response To Ronald Dworkin, Richard A. Posner
Conceptions Of Legal Theory: A Response To Ronald Dworkin, Richard A. Posner
Articles
The editors have kindly invited Professor Sunstein and me to comment on Ronald Dworkin's article In Praise of Theory.' The article is critical of what Dworkin calls the "Chicago School" of "anti-theorists," 2 to which he has consigned both Sunstein and me despite the palpable differences between our views. I do not want to paper over those differences, but I do want to point out that Dworkin has committed the identical error in his criticisms of both of us, as well as mischaracterizing our views. That error is to announce a parochial definition of "theory," then define anyone who does …
Foreword: Under Construction- Latcrit Consciousness, Community, And Theory, Francisco Valdes
Foreword: Under Construction- Latcrit Consciousness, Community, And Theory, Francisco Valdes
Articles
No abstract provided.
How Law Constructs Preferences, Cass R. Sunstein
The Autonomy Of Law In Law And Economics, Cass R. Sunstein
The Autonomy Of Law In Law And Economics, Cass R. Sunstein
Articles
No abstract provided.
Abolish The Juvenile Court: Youthfulness, Criminal Responsibility, And Sentencing Policy, Barry C. Feld
Abolish The Juvenile Court: Youthfulness, Criminal Responsibility, And Sentencing Policy, Barry C. Feld
Articles
The juvenile court system should be abolished and all juvenile offenders should be integrated into the traditional criminal court system. The offenders' age should be taken into account during sentencing. The juvenile court system is a failure because a criminal punishment system cannot also be a social welfare system.
The Implied Warranty Of Merchantability In Software Contracts: A Warranty No One Dares To Give And How To Change That, Robert W. Gomulkiewicz
The Implied Warranty Of Merchantability In Software Contracts: A Warranty No One Dares To Give And How To Change That, Robert W. Gomulkiewicz
Articles
A disclaimer of ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITING THE IMPLIED WARRANTY OF MERCHANTABILITY, greets virtually everyone who prepares to use a computer software product. Software publishers disclaim the implied warranty of merchantability because they do not know what they might be promising if they give it. Though the disclaimer is routine, software publishers have little interest in needlessly eroding confidence in the quality of their products by conspicuously disclaiming a warranty with which their products may well comply. Disclaimers feed suspicion, voiced by industry critics, that software publishers care little about software quality or standing behind their products. Nonetheless, …
The Jurisprudence Of Yogi Berra, Edward H. Cooper, Grace C. Tonner
The Jurisprudence Of Yogi Berra, Edward H. Cooper, Grace C. Tonner
Articles
Lawrence Peter "Yogi" Berra was born on May 12, 1925, in St. Louis, Missouri, and grew up to become one of baseball's all-time greats. Yogi played nineteen years in the Major Leagues, eighteen with the New York Yankees and one with the New York Mets He has been called the greatest Yankee catcher ever. During his career, Yogi played in a record fourteen World Series and was elected the American League's Most Valuable Player three times. Following his playing career, Yogi managed both the Yankees and the New York Mets, and coached the Yankees, Mets, and Houston Astros. He received …
Crime, Politics, And Race (Symposium: Justice And The Criminal Justice Process), Samuel R. Gross
Crime, Politics, And Race (Symposium: Justice And The Criminal Justice Process), Samuel R. Gross
Articles
The biggest problem with the criminal justice system is that too many crimes are committed-too many rapes, too many murders, too many robberies; too much violence that inflicts an untold amount of suffering and destruction on too many people. If that seems obvious, what follows should be equally obvious. The most important step to take to solve the problems of the criminal justice system is to reduce the number of crimes that are committed: to prevent crimes. The best thing we can do to help the victims of crime is to keep them from becoming victims in the first place. …
The Cathedral' At Twenty-Five: Citations And Impressions, James E. Krier, Stewart J. Schwab
The Cathedral' At Twenty-Five: Citations And Impressions, James E. Krier, Stewart J. Schwab
Articles
It was twenty-five years ago that Guido Calabresi and Douglas Melamed published their article on property rules, liability rules, and inalienability' Calabresi, then a law professor, later a dean, is now a federal judge. Melamed, formerly a student of Calabresi's, is now a seasoned Washington attorney. Their article-which, thanks to its subtitle, we shall call The Cathedral-has had a remarkable influence on our own thinking, as we tried to show in a recent paper2 This is not the place to rehash what we said then, but a summary might be in order. First, we demonstrated that the conventional wisdom about …
Rake's Progress: Cure And Reinstatement Of Secured Claims In Bankruptcy Reorganization, David G. Carlson
Rake's Progress: Cure And Reinstatement Of Secured Claims In Bankruptcy Reorganization, David G. Carlson
Articles
No abstract provided.
What Price Peace: From Nuremberg To Bosnia To The Nobel Peace Prize, Malvina Halberstam
What Price Peace: From Nuremberg To Bosnia To The Nobel Peace Prize, Malvina Halberstam
Articles
No abstract provided.
Is There A Right To Physician-Assisted Suicide, J. David Bleich
Is There A Right To Physician-Assisted Suicide, J. David Bleich
Articles
No abstract provided.
Economically Targeted Investments: A Critical Analysis, Edward A. Zelinsky
Economically Targeted Investments: A Critical Analysis, Edward A. Zelinsky
Articles
No abstract provided.
The Human Constitution And Constitutive Law: A Prolegomenon, John O. Mcginnis
The Human Constitution And Constitutive Law: A Prolegomenon, John O. Mcginnis
Articles
No abstract provided.
The Constitution's Pragmatic Balance Of Power Between Church And State, Marci A. Hamilton
The Constitution's Pragmatic Balance Of Power Between Church And State, Marci A. Hamilton
Articles
No abstract provided.
Computer Science Concepts In Copyright Cases: The Path To A Coherent Law, Marci A. Hamilton, Ted Sabety
Computer Science Concepts In Copyright Cases: The Path To A Coherent Law, Marci A. Hamilton, Ted Sabety
Articles
No abstract provided.
United States Ratification Of The Convention On The Elimination Of All Forms Of Discrimination Against Women, Malvina Halberstam
United States Ratification Of The Convention On The Elimination Of All Forms Of Discrimination Against Women, Malvina Halberstam
Articles
No abstract provided.
Kinetic Vs. Thermodynamic Control In The Dehydration Of 2-Methylcyclopentanol, Thomas Poon, Bradford Mundy, Jean Mcintyre
Kinetic Vs. Thermodynamic Control In The Dehydration Of 2-Methylcyclopentanol, Thomas Poon, Bradford Mundy, Jean Mcintyre
Articles
A two part organic laboratory experiment illustrating the Grignard reaction and the concept of kinetic versus thermodynamic control is described. The reaction of phenylmagnesium bromide with 2-methylcyclopentanone yileds an unsymmetrical benzylic alcohol which can be dehydrated using toluenesulfonic acid to give predominately the less substituted alkene. Application of heat to the reaction mixture over a period of two hours reverses the trend to give the more substituted alkene as the major product in 91% relative yield. The dehydration is monitored by GC/MS and the experiment can be performed using macro and microscale techniques.
Polygamy And Same-Sex Marriage, David L. Chambers
Polygamy And Same-Sex Marriage, David L. Chambers
Articles
In the American federal system, state governments bear the responsibility for enacting the laws that define the persons who are permitted to marry. The federal government, throughout our history, has accepted these definitions and built upon them, fixing legal consequences for those who validly marry under state law. Only twice in American history has Congress intervened to reject the determinations that states might make about who can marry. The first occasion was in the late nineteenth century when Congress enacted a series of statutes aimed at the Mormon Church, prohibiting polygamy in the Western territories and punishing the Church and …
Selecting And Designing Effective Legal Writing Problems, Grace C. Tonner, Diana Pratt
Selecting And Designing Effective Legal Writing Problems, Grace C. Tonner, Diana Pratt
Articles
Legal research and writing courses are unlike most substantive first year law school classes in that they teach using the problem method. The success of a legal writing course depends on the quality of the problems. The purpose of this article is to provide some guidance for legal writing professors in designing legal writing problems. The article addresses (1) general considerations in problem design, (2) designing expository problems, (3) designing persuasive problems, and (4) sources of problems. In the first section, we discuss problem design as it relates to the overall goals for teaching the basic forms of legal analysis, …
Making International Refugee Law Relevant Again: A Proposal For Collectivized And Solution-Oriented Protection, James C. Hathaway, R. Alexander Neve
Making International Refugee Law Relevant Again: A Proposal For Collectivized And Solution-Oriented Protection, James C. Hathaway, R. Alexander Neve
Articles
International refugee law is in crisis. Even as armed conflict and human rights abuse continue to force individuals and groups to flee their home countries, many governments are withdrawing from the legal duty to provide refugees with the protection they require. While governments proclaim a willingness to assist refugees as a matter of political discretion or humanitarian goodwill, they appear committed to a pattern of defensive strategies designed to avoid international legal responsibility toward involuntary migrants. Some see this shift away from a legal paradigm of refugee protection as a source for enhanced operational flexibility in the face of changed …
An Interdisciplinary Seminar In Child Abuse And Neglect With A Focus On Child Protection Practice, Suellyn Scarnecchia
An Interdisciplinary Seminar In Child Abuse And Neglect With A Focus On Child Protection Practice, Suellyn Scarnecchia
Articles
Given the myriad of professionals involved in protecting children from abuse and neglect, legal practice in the field of child protection requires an understanding of the various disciplines these professionals represent. Professor Scarnecchia argues that such an understanding is necessary in order for the attorney to serve as a zealous advocate for her client. In hopes of creating this understanding in students at the University of Michigan, an interdisciplinary seminar in child abuse and neglect has been created. Professor Scarnecchia details the substantive content of the seminar, discussing specific issues that arise in protecting children. She explains that by using …
Towards A (Bayesian) Convergence?, Richard D. Friedman
Towards A (Bayesian) Convergence?, Richard D. Friedman
Articles
If I understand them correctly, several leading Bayesioskeptics (Allen, Callen, Stein) acknowledge - with varying degrees of specificity and varying degrees of grudgingness - that standard probability theory can be useful as an analytical tool in considering evidentiary doctrines and the probative value of evidentiary items.