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Articles 9001 - 9030 of 9627
Full-Text Articles in Entire DC Network
Loss Of Innocence: Eyewitness Identification And Proof Of Guilt, Samuel R. Gross
Loss Of Innocence: Eyewitness Identification And Proof Of Guilt, Samuel R. Gross
Articles
It is no news that eyewitness identification in criminal cases is a problem; it is an old and famous problem. Judges and lawyers have long known that the identification of strangers is a chancy matter, and nearly a century of psychological research has confirmed this skeptical view. In 1967 the Supreme Court attempted to mitigate the problem by regulating the use of eyewitness identification evidence in criminal trials; since then it has retreated part way from that effort. Legal scholars have written a small library of books and articles on this problem, the courts' response to it, and various proposed …
Redesigning The Spouse's Forced Share, John H. Langbein, Lawrence W. Waggoner
Redesigning The Spouse's Forced Share, John H. Langbein, Lawrence W. Waggoner
Articles
American forced-share law underwent a major round of reform in the 1960s. The main objective was to prevent the decedent from engaging in "fraud on the widow's share," that is, using nominal inter vivos transfers to evade the surviving spouse's forced-share entitlement. In jurisdictions that follow the Uniform Probate Code of 1969 (UPC), that mischief has been eradicated. The UPC, which is discussed in some detail below, extends the forced-share entitlement to property that has been the subject of inter vivos transfer. In the present article we develop the view that the time has come for a further round of …
Law And Metaphysics, Charles M. Yablon
Judicial Trial Skills Training, Stephen Simon, Bertrand Poritsky
Judicial Trial Skills Training, Stephen Simon, Bertrand Poritsky
Articles
The University of Minnesota Law School and the Minnesota Supreme Court Office of Continuing Education for State Court Personnel have initiated a unique and dynamic Judicial Trial Skills Training Program. Newly appointed judges participate in videotaped simulated trials designed to present the participating judges with numerous evidentiary and trial relationship issues. The videotapes of these trials are reviewed and cri- tiqued by the participating judge and a senior judge to give the participat-' ingjudges immediate feedback on their performance. The review session is used to discuss the various skills that judges must develop in order to conduct fair and efficient …
Corruption In Mexico: Implications For U.S. Foreign Policy, Keith S. Rosenn
Corruption In Mexico: Implications For U.S. Foreign Policy, Keith S. Rosenn
Articles
No abstract provided.
Intellectual Integration, James Boyd White
Intellectual Integration, James Boyd White
Articles
In this paper, I want to talk about the activity of intellectual integration itself: about what it can mean to integrate-to put together in a complex whole-aspects of our culture, or of the world, that seem to us disparate or unconnected; and what it can mean in so doing to integrate-to bring together in interactive life-aspects of our own minds and beings that we normally separate or divide from each other: I want to think of integration, that is-and of its opposite, disintegration-as taking place on two planes of existence at once, the cultural and the individual. For what is …
Thinking About Our Language, James Boyd White
Thinking About Our Language, James Boyd White
Articles
Except for one meeting, which I will describe below, I knew Bob Cover only through his writings. This circumstance was of course a disappointment to me, for our interests were similar, and his death now makes the loss irreparable. But perhaps this is less of a limitation than would normally be the case, for as much as anyone in the law Bob was, and is, actively present in his writing, both as a person and as a mind.-But that dichotomy of person and mind gets it wrong, for what I would like to catch is a sense of fusion or …
Four Angry Prophets, Harold Willmington
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 …
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 …
Abraham: Man Of Faith, Harold Willmington
Texaco V. Pennzoil: The Use And Creation Of Precedent By The Second Circuit, Peter Lushing
Texaco V. Pennzoil: The Use And Creation Of Precedent By The Second Circuit, Peter Lushing
Articles
The article critiques the U.S. Court of Appeals for the Second Circuit's decision in *Texaco Inc. v. Pennzoil Company*, arguing that the court's ruling was result-oriented and undermined the integrity of judicial precedent. The decision, which stayed the enforcement of a $11.12 billion state court judgment against Texaco, was based on an expansive interpretation of due process and civil rights law. However, the court's attempt to limit its holding to the "extraordinary circumstances" of the case raises concerns about the consistency and fairness of the judicial process, as it creates a precedent that may not be applicable to smaller stakeholders.
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 …
Nehemiah: The Wall-Builder, Harold Willmington
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.
The Life Of David, Harold Willmington
Churches That Ignite Revival, Elmer L. Towns
The Weeping Prophet, Harold Willmington
The Man Satan Wanted, Harold Willmington
Goodbye To The Bluebook, Richard A. Posner
Anti-Pornography Legislation As Viewpoint-Discrimination, Geoffrey R. Stone
Anti-Pornography Legislation As Viewpoint-Discrimination, Geoffrey R. Stone
Articles
No abstract provided.
Failed Pragmatism: Reflections On The Burger Court Commentaries, Albert W. Alschuler
Failed Pragmatism: Reflections On The Burger Court Commentaries, Albert W. Alschuler
Articles
No abstract provided.
Workable Antitrust Policy, Frank H. Easterbrook
The Ethical Significance Of Free Choice: A Reply To Professor West, Richard A. Posner
The Ethical Significance Of Free Choice: A Reply To Professor West, Richard A. Posner
Articles
No abstract provided.
Law And Literature: A Relation Reargued, Richard A. Posner
Law And Literature: A Relation Reargued, Richard A. Posner
Articles
No abstract provided.
Free Speech In An Economic Perspective, Richard A. Posner
Free Speech In An Economic Perspective, Richard A. Posner
Articles
No abstract provided.
The Constitution In The Supreme Court: 1921-1930, David P. Currie
The Constitution In The Supreme Court: 1921-1930, David P. Currie
Articles
No abstract provided.
Another Law Journal?, Gerhard Casper
Comment: Government Secrecy And The Constitution, Gerhard Casper
Comment: Government Secrecy And The Constitution, Gerhard Casper
Articles
No abstract provided.
Regulation Of Informed Consent To Human Experimentation, Maria Woltjen
Regulation Of Informed Consent To Human Experimentation, Maria Woltjen
Articles
No abstract provided.