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Articles 9181 - 9210 of 9627
Full-Text Articles in Entire DC Network
The Rapture: The Next Great Event In Prophecy, Harold Willmington
The Rapture: The Next Great Event In Prophecy, Harold Willmington
Articles
No abstract provided.
Standby Letters Of Credit In Bankruptcy, Douglas G. Baird
Standby Letters Of Credit In Bankruptcy, Douglas G. Baird
Articles
No abstract provided.
George J. Stigler: An Appreciation, Ronald H. Coase
Monitors And Freeriders In Commercial And Corporate Settings, Saul Levmore
Monitors And Freeriders In Commercial And Corporate Settings, Saul Levmore
Articles
No abstract provided.
Toward An Economic Theory Of Federal Jurisdiction, Richard A. Posner
Toward An Economic Theory Of Federal Jurisdiction, Richard A. Posner
Articles
No abstract provided.
Commencement Address, Gerhard Casper
Support Your Local Professor Of Administrative Law, Antonin Scalia
Support Your Local Professor Of Administrative Law, Antonin Scalia
Articles
No abstract provided.
The Two Faces Of Federalism, Antonin Scalia
The Verdict Of Five Out Of Six Civil Jurors: Constitutional Problems, Hans Zeisel
The Verdict Of Five Out Of Six Civil Jurors: Constitutional Problems, Hans Zeisel
Articles
A criminal jury of fewer than 6 members and a jury in which 5 out of 6 can find a verdict were held unconstitutional by the U.S. Supreme Court for failing to meet the requirements of due process as mandated by the Fourteenth Amendment. In four states-Michigan is one of them-the 5 out of 6jury is the standard civil jury. Two questions are raised: first, whether such a jury violates the Michigan state constitution; second, whether such a 5 out of 6 civil jury violates the federal Constitution even though the civil jury is not protected by the Fourteenth Amendment.
A New United Nations Mechanism For Encouraging The Ratification Of Treaties, David Weissbrodt
A New United Nations Mechanism For Encouraging The Ratification Of Treaties, David Weissbrodt
Articles
The ratification of international human rights treaties is critical to the worldwide observance of human rights and fundamental freedoms. The United Nations General Assembly and Commission on Human Rights have repeatedly emphasized the importance of ratification and have frequently encouraged states to ratify the relevant international instruments. Despite these efforts, acceptance of human rights treaties has been uneven. A con- siderable number of states have failed to ratify.
A New United Nations Mechanism For Encouraging The Ratification Of Treaties, David Weissbrodt
A New United Nations Mechanism For Encouraging The Ratification Of Treaties, David Weissbrodt
Articles
The ratification of international human rights treaties is critical to the worldwide observance of human rights and fundamental freedoms. The United Nations General Assembly and Commission on Human Rights have repeatedly emphasized the importance of ratification and have frequently encouraged states to ratify the relevant international instruments. Despite these efforts, acceptance of human rights treaties has been uneven. A considerable number of states have failed to ratify.
International Trial Observers, David Weissbrodt
International Trial Observers, David Weissbrodt
Articles
Since the Dreyfus trial in 1899, governments have sent observers to foreign political trials both to increase their understanding of the affairs of other nations and to express concern about the fairness of the proceedings themselves. It is now common for a number of gov- ernments, including those of Canada, the Federal Republic of Ger- many, Japan, Sweden, the United Kingdom, and the United States, to send official observers to foreign trials of political or human rights significance.
I Remember Them Well, Marian Gallagher, Julius J. Marke, Arthur A. Charpentier
I Remember Them Well, Marian Gallagher, Julius J. Marke, Arthur A. Charpentier
Articles
We who have undertaken the task of translating our AALL memories of personalities into words should not be viewed by our readers as having been present at the Narragansett Pier organizational meeting. We date from the early forties. No one now living can take any of us back to 1906. What we know of our early people we have gleaned from the Law Library Journal, and so should you, for we shall not talk of them. Ours is to be personal recollection, and we have known enough remarkable people to be content with that. Nor shall we talk of …
The Assassination Attempt, Yale Kamisar
The Assassination Attempt, Yale Kamisar
Articles
From the moment the would-be assassin opened fire until many days after he was found not guilty by reaaon of insanity, the press was fascinated by the case. The very same day that it reported the assassination attempt "in the open street, and in the broad face of day," the Times considered but quickly dismissed the possibility of insanity: "The defndant's purpose was carried out with the most cold-blooded determination. . . . His demeanor throughout was cool and collected, nor did there appear any evidence of insanity." When, several days later, it became plain that the defendant was indeed …
Selective Incorporation Revisited, Jerold H. Israel
Selective Incorporation Revisited, Jerold H. Israel
Articles
In June 1960 Justice Brennan's separate opinion in Ohio ex re. Eaton v. Price' set forth what came to be the doctrinal foundation of the Warren Court's criminal procedure revolution. Justice Brennan advocated adoption of what is now commonly described as the "selective incorporation" theory of the fourteenth amendment. That theory, simply put, holds that the fourteenth amendment's due process clause fully incorporates all of those guarantees of the Bill of Rights deemed to be fundamental and thereby makes those guarantees applicable to the states. During the decade that followed Ohio ex re. Eaton v. Price, the Court found incorporated …
On Recognizing Variations In State Criminal Procedure, Jerold H. Israel
On Recognizing Variations In State Criminal Procedure, Jerold H. Israel
Articles
Everyone recognizes that the laws governing criminal procedure vary somewhat from state to state. There is often a tendency, however, to underestimate the degree of diversity that exists. Even some of the most experienced practitioners believe that aside from variations on some minor matters, such as the number of peremptory challenges granted, and variation on a few major items, such as the use of the grand jury, the basic legal standards governing most procedures are approximately the same in a large majority of states. I have seen varied evidence of this misconception in practitioner discussions of law reform proposals, particularly …
Contract Law In Modern Commercial Transactions, An Artifact Of Twentieth Century Business Life?, James J. White
Contract Law In Modern Commercial Transactions, An Artifact Of Twentieth Century Business Life?, James J. White
Articles
Diligent first year law students study contract law with a passion previously reserved for romantic objects and religious idols. Their professors lead them in extensive and difficult intellectual explorations of the wilds of contract law. There are careful analyses of why damage recovery X will stimulate performance Y, why recovery A is appropriate to encourage the aggrieved party to return to the market, and so on and so forth. Lurking behind this year long analysis are several inarticulate hypotheses: that they make rational evaluations of the threat of legal sanctions; that they respond in other varied and subtle ways to …
The Third United Nations Conference On The Law Of The Sea: The Tenth Session (1981), Bernard H. Oxman
The Third United Nations Conference On The Law Of The Sea: The Tenth Session (1981), Bernard H. Oxman
Articles
No abstract provided.
Testimonial Immunity And The Privilege Against Self-Incrimination: A Study In Isomorphism, Peter Lushing
Testimonial Immunity And The Privilege Against Self-Incrimination: A Study In Isomorphism, Peter Lushing
Articles
This Article accepts and will develop the Court's isomorphic theory of immunity and privilege, and will show why Portash is nonetheless correct in result. A case for a broadened view of the privilege, partially because of the availability of testimonial immunity, will be made. Apftlbaum will be shown to be incorrect in result. This Article will also analyze the problem of immunized testimony and perjury by inconsistent statement, a problem faced once by the Court but left unresolved. Finally, this Article will discuss the constitutional requirements of an immunity statute, and consider an immunity case presently pending before the Supreme …
Editor's Introduction, Richard H. Weisberg
Editor's Introduction, Richard H. Weisberg
Articles
The article introduces a special issue of a journal dedicated to the field of Law and Literature, showcasing essays that highlight the enduring relevance of literary works in understanding legal themes and structures. It emphasizes the significance of Kafka's The Trial and other works by authors like Dickens and Chaucer in exploring legal systems and their societal impact. The issue also underscores the importance of interdisciplinary scholarship in advancing the field, demonstrating its ability to attract new voices and perspectives.
Full Faith And Credit, More Or Less, To Judgments: Doubts About Thomas V. Washington Gas Light Co., Stewart E. Sterk
Full Faith And Credit, More Or Less, To Judgments: Doubts About Thomas V. Washington Gas Light Co., Stewart E. Sterk
Articles
Workmen's compensation awards, decrees of administrative tribunals rather than courts, present the question of how far the mandate of the full faith and credit clause should reach and whether the clause should bar a claimant from pursuing supplemental compensation in a second state. Recently, in Thomas v. Washington Gas Light Co., the Supreme Court decided that full faith and credit should not prevent a claimant from obtaining supplemental compensation. Professor Sterk criticizes the Court's analysis, demonstrating the Thomas Court's neglect of the federal interests that the clause should protect. After examining the clause and its policy underpinnings, Professor Sterk …
Book Review (Reviewing David M. Smith, Ed., English Episcopal Acta I: Lincoln 1067-1185 (1980)), Richard H. Helmholz
Book Review (Reviewing David M. Smith, Ed., English Episcopal Acta I: Lincoln 1067-1185 (1980)), Richard H. Helmholz
Articles
No abstract provided.
Faces Without Features: The Surface Validity Of Criminal Inferences, Peter Lushing
Faces Without Features: The Surface Validity Of Criminal Inferences, Peter Lushing
Articles
The article critiques the Supreme Court's decision in County Court v. Allen, arguing that the Court's approach to evaluating instructed inferences in criminal cases undermines the integrity of the fact-finding process. The central concern is that the Court's methodology, which assesses inferences as applied rather than on their face, fails to address the potential irrationality of such inferences and the pressure they may exert on jurors to convict without thorough consideration of the evidence. The article advocates for a more rigorous standard to ensure the rationality and constitutionality of instructed inferences in criminal trials.
Corporate Control Transactions, Frank H. Easterbrook, Daniel R. Fischel
Corporate Control Transactions, Frank H. Easterbrook, Daniel R. Fischel
Articles
No abstract provided.
Chairman's Message, Antonin Scalia
The Constitution In The Supreme Court: 1789-1801, David P. Currie
The Constitution In The Supreme Court: 1789-1801, David P. Currie
Articles
No abstract provided.
The Constitution In The Supreme Court: 1789-1801, David P. Currie
The Constitution In The Supreme Court: 1789-1801, David P. Currie
Articles
No abstract provided.
United States Tax Treaty Policy: An Overview, H. David Rosenbloom, Stanley Langbein
United States Tax Treaty Policy: An Overview, H. David Rosenbloom, Stanley Langbein
Articles
No abstract provided.
Mr. Chief Justice Burger On The State Of The Judiciary - 1981, Philip B. Kurland
Mr. Chief Justice Burger On The State Of The Judiciary - 1981, Philip B. Kurland
Articles
No abstract provided.
The Disposition Of Felony Arrests, Hans Zeisel
The Disposition Of Felony Arrests, Hans Zeisel
Articles
While we know a great deal about the disposition of felony arrests that reach the trial stage, we know little about the details of the dispositions reached without trial. And yet, this latter category forms as a rule over 90 percent, in New York City 98 percent, of all dispositions. Basing his analysis on a study done in the early 1970s, the author describes and presents data on the various stages in the process from arrest to final disposition through plea bargaining, trial, or dismissal of the case. For the first time, this usually opaque disposition pattern prior to trial …