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Articles 8611 - 8640 of 9617
Full-Text Articles in Entire DC Network
Rodrigo's Tenth Chronicle: Merit And Affirmative Action, Richard Delgado
Rodrigo's Tenth Chronicle: Merit And Affirmative Action, Richard Delgado
Articles
Opponents of affirmative action and similar redistributive measures often argue that they proceed in defiance of the merit principlethe idea that scarce resources such as places in a law school class ought to go to those who most deserve them Since affirmative actions beneficiaries usually minorities from poor backgrounds often lack traditional indicators of merit such as top grades and test scores it is said giving them an edge in the competition for law slots violates the merit principle This chronicle subjects this argument to critical analysis examining the history and current functioning of conventional merit and noting a number …
Conferring On The Maccrate Report: A Clinical Gaze, Beverly Balos
Conferring On The Maccrate Report: A Clinical Gaze, Beverly Balos
Articles
The MacCrate Report' provides a strong statement about the need for legal education to take seriously its responsibility for training students in the values of the profession and skills of legal practice. It is this central focus of the Report that makes it of interest to those of us who recognize the particular contribution clinical education makes to legal training. The Task Force, appointed and supported by the American Bar Association's influential Section on Legal Education and Admissions to the Bar, affirmed in its Report the importance of clinical education and the vital role it can play in the training …
Authority, Credibility, And Pre-Understanding: A Defense Of Outsider Narratives In Legal Scholarship, Marc A. Fajer
Authority, Credibility, And Pre-Understanding: A Defense Of Outsider Narratives In Legal Scholarship, Marc A. Fajer
Articles
No abstract provided.
The Imperial Presidency's New Vestments, A. Michael Froomkin
The Imperial Presidency's New Vestments, A. Michael Froomkin
Articles
No abstract provided.
The Future Of The United Nations Convention On The Law Of The Sea, John R. Stevenson, Bernard H. Oxman
The Future Of The United Nations Convention On The Law Of The Sea, John R. Stevenson, Bernard H. Oxman
Articles
No abstract provided.
A Nation At Prayer, A Nation In Hate: Apartheid In South Africa, Tamara Rice Lave
A Nation At Prayer, A Nation In Hate: Apartheid In South Africa, Tamara Rice Lave
Articles
No abstract provided.
Corporate Law's Race To Nowhere In Particular, William Wilson Bratton
Corporate Law's Race To Nowhere In Particular, William Wilson Bratton
Articles
No abstract provided.
Three Lessons From Law And Literature, Richard H. Weisberg
Three Lessons From Law And Literature, Richard H. Weisberg
Articles
The article explores the intersection of law and literature, emphasizing the narrative nature of legal discourse and the importance of "considerate communication" in legal practice. It critiques the dominance of economic analysis in law and advocates for a more nuanced understanding of language and ethics in legal education and practice. The author uses literary works, such as Herman Melville's Billy Budd Sailor, and historical examples, like the Vichy regime in France, to illustrate the ethical and practical implications of how legal language is used.
Parallel Universes: Nepa Lessons For The New Property, Michael E. Herz
Parallel Universes: Nepa Lessons For The New Property, Michael E. Herz
Articles
No abstract provided.
Readings By Our Unitary Executive, Lawrence Lessig
Dna, Science And The Law: Two Cheers For The Ceiling Principle, Richard O. Lempert
Dna, Science And The Law: Two Cheers For The Ceiling Principle, Richard O. Lempert
Articles
The ceiling principle is an intentionally conservative way of estimating the frequency with which individuals who share particular alleles appear in the general population. It establishes frequencies for each allele by taking random samples of 100 individuals from each of 15 to 20 populations and using the largest frequency with which the allele is found in any of these populations or 5 percent, whichever is larger, as an estimate of the allele's frequency in the population of interest. These frequencies are then multiplied to yield an estimate of the likelihood that a randomly selected person would exhibit the same allelic …
Typewriter Keyboards Via Simulated Annealing, Lissa W. Light, Peter G. Anderson
Typewriter Keyboards Via Simulated Annealing, Lissa W. Light, Peter G. Anderson
Articles
We apply the simulated annealing algorithm to the combinatorial optimization problem of typewriter keyboard design, yielding nearly optimal key-placements using a figure of merit based on English letter pair frequencies and finger travel-times. Our keyboards are demonstrably superior to both the ubiquitous QWERTY keyboard and the less common Dvorak keyboard. The paper is constructed as follows: first we discuss the historical background of keyboard design; this includes August Dvorak's work, and a figure-of-merit (scalar) metric for keyboards. We discuss a theory of keyboard designs: why keyboard design is a combinatorial problem, how combinatorial problems are typically solved, what is simulated …
The Suspect Population And Dna Identification, Richard O. Lempert
The Suspect Population And Dna Identification, Richard O. Lempert
Articles
Forensic DNA analysis typically proceeds by first determining whether alleles (one of two or more alternative forms of a gene) found in DNA apparently left by the perpetrator of a crime at a crime scene (the "evidence sample") match alleles extracted from a sample of the suspected criminal's blood (the "suspect sample"). If alleles drawn from the two sources match, the next step is to provide information about the probative value of the match by estimating the probability that alleles extracted from the blood of some random individual would have matched the alleles in the evidence sample. Thinking in terms …
Legal Scholarship Today, Richard A. Posner
Fidelity In Translation, Lawrence Lessig
Fidelity In Translation, Lawrence Lessig
Articles
Readings of the Constitution have changed. Sometimes they have changed because the constitutional text has changed. But more often they have changed while the text has remained the same. Can it be that these changed readings-changes that track no change in constitutional text-can nonetheless be readings of fidelity, faithful to the Constitution's original meaning? On some readings of originalism, the answer must be no. But this essay argues that any complete account of interpretive fidelity must allow--indeed require--changes in constitutional readings even when there has been no change in the constitutional text. If meaning is a function of both text …
Liberal Philosophy's Troubled Relation To The Rule Of Law, David G. Carlson
Liberal Philosophy's Troubled Relation To The Rule Of Law, David G. Carlson
Articles
The article critiques Andrew Altman's defense of liberalism against critical legal studies (CLS), arguing that his account of the rule of law relies on unexamined presuppositions and fails to address the indeterminacy of legal meaning. Altman's metaphor of the rule of law as a checkerboard of zones of freedom is challenged for its definitional ambiguity and reliance on natural law, which undermines his critique of CLS. The analysis suggests that liberalism's inability to tolerate political intrusion into the rule of law exposes its dogmatic underpinnings, while deconstruction offers a more nuanced understanding of legal meaning and its ethical implications.
The President, The Senate, The Constitution, And The Confirmation Process: A Reply To Professors Strauss And Sunstein, John O. Mcginnis
The President, The Senate, The Constitution, And The Confirmation Process: A Reply To Professors Strauss And Sunstein, John O. Mcginnis
Articles
No abstract provided.
In Pursuit Of The Counter-Text: The Turn To The Jewish Legal Model In Contemporary American Legal Theory, Suzanne Last Stone
In Pursuit Of The Counter-Text: The Turn To The Jewish Legal Model In Contemporary American Legal Theory, Suzanne Last Stone
Articles
Beginning with Professor Robert Cover's Nomos and Narrative, contemporary American legal scholars have increasingly turned, implicitly or more directly, to the Jewish legal tradition as an example of a legal system in which law is defined not by reference to the authority and power of the State, but rather by the commitment of a legal community to voluntarily-accepted legal obligations. These scholars depict the Jewish legal system as having successfully confronted - and resolved - several central dilemmas currently facing American law by maintaining a coherent legal system while accepting behavioral and interpretive pluralism. In this Article, Professor Stone shows …
The New Law Of The Sea, Bernard H. Oxman
Using Computer Algebra Systems To Teach Linear Algebra, Maurino Bautista
Using Computer Algebra Systems To Teach Linear Algebra, Maurino Bautista
Articles
This article may be accessed from the Scholarly Journal Archive (additional fees may apply) at: http://links.jstor.org/sici?sici=0746-8342%28199311%2924%3A5%3C462%3ASR%3E2.0.CO%3B2-6&size=LARGE&origin=JSTOR-enlargePage A few years ago, David and Vivian Kraines [2] reviewed several commercially available software packages that can perform standard linear algebra computations. Most of these packages can perform only simple calculations on matrices of limited size (10 x 10 maximum) and all of them can do only either decimal or rational arithmetic. None has the ability to perform the symbolic calculations that are as much a part of linear algebra as arithmetic calculations. Computer algebra systems (CAS) like Maple and Mathematica can perform operations …
Animal Rights: The Frontiers Of Compassion, Henry Spira
Animal Rights: The Frontiers Of Compassion, Henry Spira
Articles
No abstract provided.
Shackle & Hoist: The Power Of Alternatives, Henry Spira
Shackle & Hoist: The Power Of Alternatives, Henry Spira
Articles
Few things in the decades-old horror show of farm animal-suffering have bothered all of us quite so much as shackling and hoisting. It should come as a relief to animal protectionists that the curtain is finally beginning to fall on the last grisly scenes of this archaic practice.
While our ideal remains the non-violent dinner table, the reality is that eating habits lend to change slowly. In terms of the "three Rs" this means that adopting a meatless diet for ethical reasons (Replacement) remains our long-term goal. In the short term our best bet is to also focus on eating …
A Libel Story: Sullivan Then And Now (Reviewing Anthony Lewis, Make No Law: The Sullivan Case And The First Amendment (1991)), Elena Kagan
Articles
No abstract provided.
Irreversibility And The Law: The Size Of Firms And Other Organizations, Saul Levmore
Irreversibility And The Law: The Size Of Firms And Other Organizations, Saul Levmore
Articles
No abstract provided.
From The Mirror Of Reason To The Measure Of Justice, Mary Anne Case
From The Mirror Of Reason To The Measure Of Justice, Mary Anne Case
Articles
No abstract provided.
The Doubtful Constitutionality Of The Clinic Access Bill, Michael W. Mcconnell, Michael Stokes Paulsen
The Doubtful Constitutionality Of The Clinic Access Bill, Michael W. Mcconnell, Michael Stokes Paulsen
Articles
No abstract provided.
The Man Who Once Was Whizzer White, Dennis J. Hutchinson
The Man Who Once Was Whizzer White, Dennis J. Hutchinson
Articles
No abstract provided.
A False Sense Of Social Reality: A Response To Erwin Chemerinsky, Richard A. Epstein
A False Sense Of Social Reality: A Response To Erwin Chemerinsky, Richard A. Epstein
Articles
No abstract provided.
The Federalist Papers: From Practical Politics To High Principle, Richard A. Epstein
The Federalist Papers: From Practical Politics To High Principle, Richard A. Epstein
Articles
No abstract provided.
Judicial Control Over Expert Testimony: Of Deference And Education, Richard A. Epstein
Judicial Control Over Expert Testimony: Of Deference And Education, Richard A. Epstein
Articles
No abstract provided.