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Articles 8701 - 8730 of 9617
Full-Text Articles in Entire DC Network
The Myth That Israel's Presence In Judea And Samaria Is Comparable To Iraq's Presence In Kuwait, Malvina Halberstam
The Myth That Israel's Presence In Judea And Samaria Is Comparable To Iraq's Presence In Kuwait, Malvina Halberstam
Articles
No abstract provided.
Populism, Law, And The Corporation: The 1897 Kansas Supreme Court, James L. Hunt
Populism, Law, And The Corporation: The 1897 Kansas Supreme Court, James L. Hunt
Articles
No abstract provided.
A Treaty Is A Treaty Is A Treaty, Malvina Halberstam
The Taming Of The Shrew: The Liberal Attempt To Mainstream Radical Feminist Theory, Jeanne L. Schroeder
The Taming Of The Shrew: The Liberal Attempt To Mainstream Radical Feminist Theory, Jeanne L. Schroeder
Articles
The article critically examines the opposing views of Cass Sunstein and Catharine MacKinnon on pornography and its legal implications, highlighting their divergent definitions and approaches. Sunstein advocates for a narrow, violence-focused antipornography legislation, while MacKinnon pushes for a broader definition that encompasses gender subordination. The analysis reveals how Sunstein's critique of MacKinnon unintentionally weakens feminist challenges to masculinism by separating sexuality from power dynamics. MacKinnon's theory, rooted in a premodern Christian view of sexuality, posits that pornography constructs women as objects, reinforcing gender inequality. The article underscores the tension between legal reform and the deeper structural changes needed to address …
The Porcupine's Dilemma: Strategic And Psychological Uncertainty In The Face Of Global Warming, William H. Rodgers, Jr.
The Porcupine's Dilemma: Strategic And Psychological Uncertainty In The Face Of Global Warming, William H. Rodgers, Jr.
Articles
No abstract provided.
Deference Running Riot: Separating Interpretation And Lawmaking Under Chevron, Michael E. Herz
Deference Running Riot: Separating Interpretation And Lawmaking Under Chevron, Michael E. Herz
Articles
No abstract provided.
Imagining A Free Press, Geoffrey R. Stone
Fifth Amendment Takings Implications Of The 1990 Native American Graves Protection And Repatriation Act, Ralph W. Johnson, Sharon I. Haensly
Fifth Amendment Takings Implications Of The 1990 Native American Graves Protection And Repatriation Act, Ralph W. Johnson, Sharon I. Haensly
Articles
In November 1990, Congress passed the Native American Graves Protection and Repatriation Act ("NAGPRA"). NAGPRA provides for the protection and disposition of Native American cultural items discovered on federal or tribal lands after NAGPRA's effective date. NAGPRA also addresses disposition of those objects currently held or controlled by federal agencies and museums. NAGPRA represents Congress' attempt to resolve years of debate between tribes, archaeologists, and museums. Like any legislative pronouncement, however, Congress left key issues to agencies and courts to resolve. This article focuses upon one such area, namely, Fifth Amendment takings questions that may arise when tribes or individual …
Setting The Fee When The Client Discharges A Contingent Fee Attorney, Lester Brickman
Setting The Fee When The Client Discharges A Contingent Fee Attorney, Lester Brickman
Articles
The bold and precedent-setting case of Martin v. Camp endowed the attorney-client relationship with the legacy of the "client discharge rule"; it provides that a client can discharge his attorney at any time without cause and without penalty. The predicate of the rule is that trust and confidence are essential features of the attorney-client relationship. If that trust and confidence dissipate, the client should not be forced to continue to confide in and rely upon that attorney. Accordingly, the client should not be penalized financially if he elects to change attorneys. The discharged attorney, precluded from realizing the contingent percentage …
An Excerpt From When Lawyers Write, Richard H. Weisberg
An Excerpt From When Lawyers Write, Richard H. Weisberg
Articles
No abstract provided.
The Indivisibility Of Liberty Under The Bill Of Rights, Richard A. Epstein
The Indivisibility Of Liberty Under The Bill Of Rights, Richard A. Epstein
Articles
No abstract provided.
Affirmative Action In Law Schools: The Uneasy Truce, Richard A. Epstein
Affirmative Action In Law Schools: The Uneasy Truce, Richard A. Epstein
Articles
No abstract provided.
Legal Reasoning From The Top Down And From The Bottom Up: The Question Of Unenumerated Constitutional Rights, Richard A. Posner
Legal Reasoning From The Top Down And From The Bottom Up: The Question Of Unenumerated Constitutional Rights, Richard A. Posner
Articles
No abstract provided.
Should Congress Pass Legislation Restoring The Broader Interpretation Of Free Exercise Of Religion?, Michael W. Mcconnell
Should Congress Pass Legislation Restoring The Broader Interpretation Of Free Exercise Of Religion?, Michael W. Mcconnell
Articles
No abstract provided.
Plea Bargaining As Compromise, Frank H. Easterbrook
Bills Of Rights And Regression To The Mean, Frank H. Easterbrook
Bills Of Rights And Regression To The Mean, Frank H. Easterbrook
Articles
No abstract provided.
Relative Preferences, Richard H. Mcadams
The Deprofessionalization Of Legal Teaching And Scholarship, Richard A. Posner
The Deprofessionalization Of Legal Teaching And Scholarship, Richard A. Posner
Articles
No abstract provided.
The Federal Role In Reducing Regulatory Barriers To Affordable Housing In The Suburbs, Michael H. Schill
The Federal Role In Reducing Regulatory Barriers To Affordable Housing In The Suburbs, Michael H. Schill
Articles
No abstract provided.
The Senate, The Constitution, And The Confirmation Process, David A. Strauss, Cass R. Sunstein
The Senate, The Constitution, And The Confirmation Process, David A. Strauss, Cass R. Sunstein
Articles
No abstract provided.
Book Review (Reviewing Reinhard Zimmermann, The Law Of Obligations: Roman Foundations Of The Civilian Tradition (1990)), Richard H. Helmholz
Book Review (Reviewing Reinhard Zimmermann, The Law Of Obligations: Roman Foundations Of The Civilian Tradition (1990)), Richard H. Helmholz
Articles
No abstract provided.
International News Service V. Associated Press: Custom And Law As Sources Of Property Rights In News, Richard A. Epstein
International News Service V. Associated Press: Custom And Law As Sources Of Property Rights In News, Richard A. Epstein
Articles
No abstract provided.
Intellectual Voyeurism In Legal Scholarship, Brian Leiter
Intellectual Voyeurism In Legal Scholarship, Brian Leiter
Articles
No abstract provided.
Nietzsche And Aestheticism, Brian Leiter
Learning To Teach Gender, Race, Class And Heterosexism: Challenge In The Classroom And Clinic, Beverly Balos
Learning To Teach Gender, Race, Class And Heterosexism: Challenge In The Classroom And Clinic, Beverly Balos
Articles
No abstract provided.
The Forty-Third Session Of The Un Sub-Commission On Prevention Of Discrimination And Protection Of Minorities: The Sub-Commission Under Scrutiny, Karen Reierson, David Weissbrodt
The Forty-Third Session Of The Un Sub-Commission On Prevention Of Discrimination And Protection Of Minorities: The Sub-Commission Under Scrutiny, Karen Reierson, David Weissbrodt
Articles
Throughout 1988, the United Nations celebrated the fortieth anniversary of its seminal human rights instrument, the Universal Declaration of Human Rights.' At its August 1988 session the Sub-Commission on the Prevention of Discrimination and the Protection of Minorities2 (hereinafter the Sub- Commission) noted a similar milestone in its history; it met for the fortieth time since its creation in 1947. While the fortieth anniversary of the Dec- laration has inspired self-congratulatory activities throughout the United Nations, the 1988 session of the Sub-Commission was marked more by self- evaluation. The Sub-Commission has been engaged in a process of taking stock of …
Gao Report Confirms Failure Of U.S. Guidelines, Michael Tonry
Gao Report Confirms Failure Of U.S. Guidelines, Michael Tonry
Articles
No abstract provided.
Gao Report Confirms Failure Of U.S. Sentencing Commissions Guidelines, Michael Tonry
Gao Report Confirms Failure Of U.S. Sentencing Commissions Guidelines, Michael Tonry
Articles
No abstract provided.
The Model Employment Termination Act: Fairness For Employees And Employers Alike, Theodore J. St. Antoine
The Model Employment Termination Act: Fairness For Employees And Employers Alike, Theodore J. St. Antoine
Articles
The Model Employment Termination Act (META), which state legislatures are expected to consider in the near future aims to prevent the unfair firing of Amer~ ican workers. At the same time, the Act aims to prevent devastating financial blows to American business. For both employees and employers, META offers streamlined dispute resolution procedures that would be simpler, less costly, and less time-consuming than the civil courts. The essence of the proposal is compromise-not as a matter of political expediency but as a practical, balanced accommodation of the competing worthwhile interests of employers and employees. Workers are entitled to be free …
Recent Developments - Cinematic Sex And Censorship In Indian Film, Anita Ramasastry
Recent Developments - Cinematic Sex And Censorship In Indian Film, Anita Ramasastry
Articles
This Recent Development examines the increasing presence of cinematic rape in general-audience Indian films and discusses the potential cultural origins of the cinematic portrait of Indian women as chaste subordinates to men and as frequent subjects of violence. To account for this trend, this Recent Development outlines the legal guidelines governing Indian film censorship, and in particular the guidelines regulating sexuality. From this vantage point, the use of various suggestive cinematic techniques, including the regular portrayal of rape, may be seen as attempts by directors to circumvent government censure of kissing and other intimate relations on-screen. Finally, this Recent Development …