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Articles 6871 - 6900 of 7758
Full-Text Articles in Entire DC Network
The Jurisprudence Of Antitrust, Daniel J. Gifford
The Jurisprudence Of Antitrust, Daniel J. Gifford
Articles
ANTITRUST law is widely perceived to be the legal guardian of the competitive process. To the extent that it performs its role, the nation benefits. In the short-term, the nation benefits from a market process which efficiently allocates society's resources in accordance with consumer demand. In the long-term, the nation benefits as more efficient producers gradually replace less efficient producers, thus lowering the cost and increasing the supply of goods and services.
Judicial Waiver Policy And Practice: Persistence, Seriousness And Race, Marcy Rasmussen Podkopacz, Barry C. Feld
Judicial Waiver Policy And Practice: Persistence, Seriousness And Race, Marcy Rasmussen Podkopacz, Barry C. Feld
Articles
One of the most controversial contemporary criminal policy issues is whether serious or chronic young offenders should be tried and sentenced as juveniles or adults. Defining the boundary between juvenile and criminal courts depends upon the answers to a host of inter-related questions: Who are serious juvenile offenders? On the basis of what characteristics are they identified? Who should decide which system will deal with them and why? Does it make any difference, either symbolically or in terms of public safety, whether states try and sentence some youths as juveniles or adults? The diversity of legislative strategies to resolve these …
Strategic Approaches To Crime Prevention, Michael Tonry, David P. Farrington
Strategic Approaches To Crime Prevention, Michael Tonry, David P. Farrington
Articles
No abstract provided.
Sentencing Laws & Practices In France, Richard Frase
Judicial Ethics Simulation Based Training, Stephen M. Simon, Maury S. Landsman
Judicial Ethics Simulation Based Training, Stephen M. Simon, Maury S. Landsman
Articles
The Judicial Ethics Education Project trains trial judges to be aware of ethical issues that arise in the trial process. The project employs case simulations that raise ethical and management issues requiring immediate attention during the course of a trial. The goal of the project is to provide sitting judges with a basis on which to make similar decisions during trials. The project grew out of and is incorporated into the Minnesota Judicial Trial Skills Training Program ("MJTSTP") at the University of Minnesota, which was created in 1986 by Professor Steve Simon and Judge Bertrand Portisky and is mandatory for …
Deception, Self-Deception, And Myth: Evaluating Long-Term Environmental Settlements, William H. Rodgers, Jr.
Deception, Self-Deception, And Myth: Evaluating Long-Term Environmental Settlements, William H. Rodgers, Jr.
Articles
This paper draws upon six famous settlements that are known in various degrees to students of environmental law. Three are a matter of deep history: the 1970 Environmental Defense Fund settlement that led the last manufacturer of DDT in the U.S. to cease discharges into the Los Angeles sewer system and thence into Santa Monica Bay, the Kepone settlement of the mid-70s that followed in the wake of Judge Merhige's initial assessment of a record-breaking criminal fine of $13.24 million, and the Hudson River settlement of the early 1980s in which environmentalists gave up demands for cooling towers on several …
Prior Statements Of A Witness: A Nettlesome Corner Of The Hearsay Thicket, Richard D. Friedman
Prior Statements Of A Witness: A Nettlesome Corner Of The Hearsay Thicket, Richard D. Friedman
Articles
In Tome v United States, for the fifth time in eight years, the Supreme Court decided a case presenting the problem of how a child's allegations of sexual abuse should be presented in court. Often the child who charges that an adult abused her is unable to testify at trial, or at least unable to testify effectively under standard procedures. These cases therefore raise intriguing and difficult questions related to the rule against hearsay and to an accused's right under the Sixth Amendment to confront the witnesses against him. One would hardly guess that, however, from the rather arid debate …
Taxation Of Damages After Schleier - Where Are We And Where Do We Go From Here?, Douglas A. Kahn
Taxation Of Damages After Schleier - Where Are We And Where Do We Go From Here?, Douglas A. Kahn
Articles
This article will examine the reasoning of the Schleier decision and speculate as to how taxation of pre-1996 damages will likely apply in light of Schleier. First, the article will set forth a very brief history of the judicial and administrative constructions of the statutory exclusion, and explore tax policy justifications for providing an exclusion from gross income for certain damages. These latter two items (set forth in Parts II and III of this article) are areas that have been extensively addressed previously by several commentators, including the author of this article.' The reason for exploring tax policy issues is …
Imagining Children's Rights, Suellyn Scarnecchia
Imagining Children's Rights, Suellyn Scarnecchia
Articles
Today, I will tell you some stories about real, live children, whose futures have been determined by our legal system. To speak of children's rights hypothetically, raises images of children suing to go live with their rich uncle or suing to demand a Nintendo system from their parents. I hope that by bringing you stories of the legal system's treatment of real children, you will have a better understanding of what I mean by children's rights and why they must be recognized. Although children's rights have been recognized in limited ways in the areas of free speech, criminal law and …
A Child's Right To Protection From Transfer Trauma In A Contested Adoption Case, Suellyn Scarnecchia
A Child's Right To Protection From Transfer Trauma In A Contested Adoption Case, Suellyn Scarnecchia
Articles
On August 2, 1993, I arrived at the home of Jan, Robby, and Jessica DeBoer' a few hours before the transfer. At 2:00 P.M. I would carry Jessica out of her home and deliver her to the parents who had won the case,2 her biological mother and father. This task probably would have been easier had I not spent eight days in the trial court listening to the experts explain that this transfer from one set of parents to another would harm Jessica.3 It would have been easier had I not recently obtained affidavits from other experts to persuade the …
The Romance Of Revenge: An Alternative History Of Jeffrey Dahmer's Trial, Samuel R. Gross
The Romance Of Revenge: An Alternative History Of Jeffrey Dahmer's Trial, Samuel R. Gross
Articles
On Feb. 17, 1992, Jeffrey Dahmer was sentenced to fifteen consecutive terms of life imprisonment for killing and dismembering fifteen young men and boys. Dahmer had been arrested six months earlier, on July 22, 1991. On Jan. 13 he pled guilty to the fifteen murder counts against him, leaving open only the issue of his sanity. Jury selection began two weeks later, and the trial proper started on Jan. 30. The jury heard two weeks of horrifying testimony about murder, mutilation and necrophilia; they deliberated for five hours before finding that Dahmer was sane when he committed thos crimes. After …
The Warren Court And Criminal Justice: A Quarter-Century Retrospective, Yale Kamisar
The Warren Court And Criminal Justice: A Quarter-Century Retrospective, Yale Kamisar
Articles
Many commentators have observed that when we speak of "the Warren Court," we mean the Warren Court that lasted from 1962 (when Arthur Goldberg replaced Felix Frankfurter) to 1969 (when Earl Warren retired). But when we speak of the Warren Court's "revolution" in American criminal procedure we mean the Warren Court that lasted from 1961 (when the landmark case of Mapp v. Ohio was decided) to 1966 or 1967. In its final years, the Warren Court was not the same Court that had handed down Mapp or Miranda v. Arizona.
Against Assisted Suicide - Even A Very Limited Form (Symposium: Assisted Suicide, Health Care And Medical Treatment Choices), Yale Kamisar
Against Assisted Suicide - Even A Very Limited Form (Symposium: Assisted Suicide, Health Care And Medical Treatment Choices), Yale Kamisar
Articles
Professor Robert Sedler is a leading constitutional law professor and a well-known civil liberties lawyer. I think he is right about many things. To cite but one example, I think he was right when he led the ACLU's successful legal attack on certain University of Michigan restrictions on "hate speech."' But I cannot agree with him about physician-assisted suicide, no matter how narrowly he frames the issue.2
Frequency Dependence Of Phase Difference Between Synchronised Self-Pulsating Laser Emission And Injected Periodic Signals, A. Egan, G. O'Gorman, P. Rees, Gerald Farrell, Joe Hegarty, P. Phelan
Frequency Dependence Of Phase Difference Between Synchronised Self-Pulsating Laser Emission And Injected Periodic Signals, A. Egan, G. O'Gorman, P. Rees, Gerald Farrell, Joe Hegarty, P. Phelan
Articles
The authors show by experiment and calculation that, for self pulsating laser diodes synchronised to external electrical signals, a phase shift exists between the applied signal and the laser output. The authors then show that this phase shift depends on the frequency difference between these signals and on the applied signal amplitude.
Putting Women First, Mary I. Coombs
Standards Of Professional Conduct In Alternative Dispute Resolution, John Feerick, Carol Izumi, Kimberlee Kovach, Lela Love, Robert Moberly, Leonard Riskin, Edward Sherman
Standards Of Professional Conduct In Alternative Dispute Resolution, John Feerick, Carol Izumi, Kimberlee Kovach, Lela Love, Robert Moberly, Leonard Riskin, Edward Sherman
Articles
The Alternative Dispute Resolution Section of the Association of American Law Schools presented a program, at a 1995 AALS Conference, on current ethical issues that arise in mediation and how these issues should be addressed by the standards of professional conduct. The panel for the program was composed of leading mediation scholars and practitioners from throughout the country. The program was organized by Professor Edward Sherman who also acted as the panel moderator and provided the following introduction.
An Introduction To Environmental Law In The United States Of America, Michael E. Herz
An Introduction To Environmental Law In The United States Of America, Michael E. Herz
Articles
There is an old joke about someone who, having taken a course in speed reading, is able to finish War and Peace in an afternoon. On bragging about this accomplishment, he is asked what the book was about. His entire response: "Russia." In attempting to fulfil my charge to summarize American environmental law in a few pages I fear that I risk a similar result. With such ruthless simplification, the reader may came away with no more understanding of this enormous, detailed, and complex body of law than the speed reader had of Tolstoy, knowing only that American environmental law …
An Introduction To Environmental Law In The United States, Michael E. Herz
An Introduction To Environmental Law In The United States, Michael E. Herz
Articles
No abstract provided.
Security Interests In The Crucible Of Voidable Preference Law, David G. Carlson
Security Interests In The Crucible Of Voidable Preference Law, David G. Carlson
Articles
In this article, Professor David Gray Carlson analyzes the intersection of voidable preference law under 11 U.S.C. § 547 and security interests under Article 9 of the Uniform Commercial Code. The essay purports to articulate the metaphysical assumptions present in this intersection, no matter how rarified and peculiar, because, in this area of law, even the slightest and most fantastic metaphysical presupposition can change results and shift wealth between debtors and creditors. Given the current dearth of unsecured dividends in bankruptcy proceedings, everything turns on whether security interests survive the critique of voidable preference law. In his treatment, Professor Carlson …
Repo Madness: The Characterization Of Repurchase Agreements Under The Bankruptcy Code And The U.C.C., Jeanne L. Schroeder
Repo Madness: The Characterization Of Repurchase Agreements Under The Bankruptcy Code And The U.C.C., Jeanne L. Schroeder
Articles
The article examines the legal characterization of repurchase agreements (repos) under the Bankruptcy Code and the Uniform Commercial Code (U.C.C.), with a focus on proposed revisions to Articles 8 and 9. It argues that repos should be treated as sales rather than secured loans, primarily due to the repo buyer's unrestricted right to deal with the collateral. This characterization is supported by court rulings in cases such as In re Bevill, Bresler & Schulman and SEC v. Drysdale Securities Corp., which emphasize the transfer of ownership and the buyer's ability to engage with the securities. The article critiques current methods …
Upward Contempt, William I. Miller
Upward Contempt, William I. Miller
Articles
Contempt and shame go hand in hand. Actions that should shame us, styles of self-presentation that should humiliate us if we are socially competent enough to have such a purchase on ourselves, are those actions and styles that generate and justify the contempt of others for us. Or, changing the causal order: one's contempt of us will generate shame or humiliation in us if we concur with the judgment of our contemptibility, that is, if the contempt is justified, or indignation and even vengeful fury if it is unjustified. Contempt is thus a mechanism of ranking people or of contesting …
The Six Companies And The Geary Act: A Case Study In Nineteenth-Century Civil Disobedience And Civil Rights Litigation, Ellen D. Katz
The Six Companies And The Geary Act: A Case Study In Nineteenth-Century Civil Disobedience And Civil Rights Litigation, Ellen D. Katz
Articles
In 1892, the Chinese Consolidated Benevolent Association in San Francisco urged the resident Chinese community to ignore a federal law. The United States Congress had just passed the Geary Act, which required all Chinese laborers living in the United States to register with the collector of internal revenue. Under the act, those who did not register would face arrest and likely deportation. The Benevolent Association, also known as the Six Companies," claimed that the act violated both the constitutional right to due process and treaty obligations with China. To combat the legislation, the association enlisted the assistance of the Chinese …
How To Think About The Federal Commerce Power And Incidentally Rewrite United States V. Lopez, Donald H. Regan
How To Think About The Federal Commerce Power And Incidentally Rewrite United States V. Lopez, Donald H. Regan
Articles
Almost sixty years after the "revolution" of 1937, we still do not have an adequate theory of the commerce power. The Court was right to abandon the theory of dual federalism epitomized by Carter v. Carter Coal Co.;' and it has got the right results in the major cases decided since then. But our post-1937 theory, whether before or after Lopez, is a mess. On the one hand, we have a collection of doctrinal rules that, if we take them seriously, allow Congress to do anything it wants under the commerce power. On the other hand, we continue to pay …
Judging Girls: Decision Making In Parental Consent To Abortion Cases, Suellyn Scarnecchia, Julie Kunce Field
Judging Girls: Decision Making In Parental Consent To Abortion Cases, Suellyn Scarnecchia, Julie Kunce Field
Articles
Judges make determinations on a daily basis that profoundly affect people's lives. On March 28, 1991, the Michigan legislature enacted a statute entitled The Parental Rights Restoration Act (hereinafter "the Michigan Act" or "the Act"). This statute delegated to probate court judges the extraordinary task of deciding whether a minor girl may have an abortion without the consent of a parent. Nothing in law school and little in an average judge's experience provide a meaningful framework for making such a decision. Although many commentators, including the authors, argue that decisions about abortion should be left to the woman regardless of …
Probability And Proof In State V. Skipper: An Internet Exchange, Ronald J. Allen, David J. Balding, Peter Donnelly, Richard D. Friedman, David H. Kaye, Lewis Henry Larue, Roger C. Park, Bernard Robertson, Alexander Stein
Probability And Proof In State V. Skipper: An Internet Exchange, Ronald J. Allen, David J. Balding, Peter Donnelly, Richard D. Friedman, David H. Kaye, Lewis Henry Larue, Roger C. Park, Bernard Robertson, Alexander Stein
Articles
This is not a conventional article. It is an edited version of messages sent to an Internet discussion list. The listings begin with the mention of a recent opinion of the Connecticut Supreme Court, parts of which are reproduced below. The listings soon move to broader issues concerning probability and other formal systems, their limitations, and their uses either in court or as devices for understanding legal proof.
The Trace Of An Abelian Group:An Application To Digraphs, J. M. Burns, Brendan Goldsmith
The Trace Of An Abelian Group:An Application To Digraphs, J. M. Burns, Brendan Goldsmith
Articles
The trace of a finite Abelian group is used to give a short proof of a result of Arlinghaus and Harary on the digraph number of such a group
Ten Arguments Against Hate-Speech Regulation: How Valid Symposium: Political Correctness In The 1990'S And Beyond, Richard Delgado, Jean Stefancic
Ten Arguments Against Hate-Speech Regulation: How Valid Symposium: Political Correctness In The 1990'S And Beyond, Richard Delgado, Jean Stefancic
Articles
No abstract provided.
Children's Task Force Reports, Donald N. Duquette, Cd Stephens
Children's Task Force Reports, Donald N. Duquette, Cd Stephens
Articles
When the public thinks of children and the law, high-visibility cases like Baby Jessica and Baby Richard come to mind. The human drama of a small child caught up in a titanic custody struggle attracts unrelenting media attention and triggers cries for law reform. Yet for every Baby Jessica and Baby Richard, thousands of children pass through our courts with little public attention but with consequences to them just as momentous and life altering as those cases featured on the national news shows. In 1991 State Bar of Michigan leadership began to ask whether our profession and Michigan's courts are …
Inplane Anchoring Energy In Ferroelectric Liquid-Crystals - Evidence For Its Existence And Measurement., Yuri Panarin, S. Mac Lughadha, J. Vij
Inplane Anchoring Energy In Ferroelectric Liquid-Crystals - Evidence For Its Existence And Measurement., Yuri Panarin, S. Mac Lughadha, J. Vij
Articles
No abstract provided.
Degradation Of Optical Bistability In Surface Stabilized Ferroelectric Liquid Crystal (Ssflc) Cells., S. Mac Lughadha, Yuri Panarin, J. Vij
Degradation Of Optical Bistability In Surface Stabilized Ferroelectric Liquid Crystal (Ssflc) Cells., S. Mac Lughadha, Yuri Panarin, J. Vij
Articles
No abstract provided.