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Articles 2161 - 2190 of 3179
Full-Text Articles in Entire DC Network
Product Placement In Film And Television, Michael Bovard, Jeffrey Murray
Product Placement In Film And Television, Michael Bovard, Jeffrey Murray
Articles
No abstract provided.
Grappling With The Meaning Of 'Testimonial', Richard D. Friedman
Grappling With The Meaning Of 'Testimonial', Richard D. Friedman
Articles
Crawford v. Washington, has adopted a testimonial approach to the Confrontation Clause of the Sixth Amendment. Under this approach, a statement that is deemed to be testimonial in nature may not be introduced at trial against an accused unless he has had an opportunity to cross-examine the person who made the statement and that person is unavailable to testify at trial. If a statement is not deemed to be testimonial, then the Confrontation Clause poses little if any obstacle to its admission.2 A great deal therefore now rides on the meaning of the word "testimonial."
Credible Coercion, Oren Bar-Gill, Omri Ben-Shahar
Credible Coercion, Oren Bar-Gill, Omri Ben-Shahar
Articles
The ideal of individual freedom and autonomy requires that society provide relief against coercion. In the law, this requirement is often translated into rules that operate "postcoercion" to undo the legal consequences of acts and promises extracted under duress. This Article argues that these ex post antiduress measures, rather than helping the coerced party, might in fact hurt her. When coercion is credible-when a credible threat to inflict an even worse outcome underlies the surrender of the coerced party-ex post relief will only induce the strong party to execute the threatened outcome ex ante, without offering the choice to surrender, …
Future Reasoning Machines: Mind And Body, Brian Duffy, Gregory O'Hare, John Bradley, Bianca Schoen-Phelan
Future Reasoning Machines: Mind And Body, Brian Duffy, Gregory O'Hare, John Bradley, Bianca Schoen-Phelan
Articles
In investing energy in developing reasoning machines of the future, one must abstract away from the specific solutions to specific problems and ask what are the fundamental research questions that should be addressed. This paper aims to revisit some fundamental perspectives and promote new approaches to reasoning machines and their associated form and function. Core aspects are discussed, namely the one-mind-many-bodies metaphor as introduced in the Agent Chameleon work. Within this metaphor the agent’s embodiment form may take many guises with the artificial mind or agent potentially exhibiting a nomadic existence opportunistically migrating between a myriad of instantiated embodiments. We …
Telling Stories About Health Insurance: Using New Films In The Classroom, Elizabeth Pendo
Telling Stories About Health Insurance: Using New Films In The Classroom, Elizabeth Pendo
Articles
In keeping with the theme of "The Mass Media's Influence on Health Law and Policy," this essay is designed to share my experience using clips from three recent popular films as a method of enhancing coverage and discussion of legal and policy issues surrounding the private health insurance system, and to provide some practical advice for others interested in doing the same. It builds upon a presentation that I gave along with Professors Timothy S. Hall and Ross D. Silverman at the 2004 Health Law Teachers Conference entitled "Health Law, Policy and Media," and was inspired by Professor Paul Bergman's …
Punishment And Crime Across Space And Time, Michael Tonry, David P. Farrington
Punishment And Crime Across Space And Time, Michael Tonry, David P. Farrington
Articles
No abstract provided.
Obsolescence And Immanence In Penal Theory And Policy, Michael Tonry
Obsolescence And Immanence In Penal Theory And Policy, Michael Tonry
Articles
No abstract provided.
On Legal Pragmatism: Where Does "The Path Of The Law" Lead Us?, Susan Haack
On Legal Pragmatism: Where Does "The Path Of The Law" Lead Us?, Susan Haack
Articles
No abstract provided.
The Constitution Glimpsed From Tule Lake, Patrick O. Gudridge
The Constitution Glimpsed From Tule Lake, Patrick O. Gudridge
Articles
No abstract provided.
George's Story: Voice And Transformation Through The Teaching And Practice Of Therapeutic Jurisprudence In A Law School Child Advocacy Clinic, Bernard P. Perlmutter
George's Story: Voice And Transformation Through The Teaching And Practice Of Therapeutic Jurisprudence In A Law School Child Advocacy Clinic, Bernard P. Perlmutter
Articles
No abstract provided.
The Emergence Of Exacted Conservation Easements, Jessica Owley Lippmann
The Emergence Of Exacted Conservation Easements, Jessica Owley Lippmann
Articles
No abstract provided.
How Well Can People Use Different Color Attributes?, Hongqin Zhang, Ethan Montag
How Well Can People Use Different Color Attributes?, Hongqin Zhang, Ethan Montag
Articles
Two psychophysical experiments were conducted to analyze the role of color attributes in simple tasks involving color matching and discrimination. In Experiment I observers made color matches using three different adjustment control methods. The results showed that the Lightness, Chroma, Hue (LCH) and the Lightness, redness/greenness, blueness/yellowness ({L, r/g, y/b}) adjustment controls elicited significantly better performance than the display RGB controls in terms of both accuracy and time, but were not significantly different from each other. Expert observers performed significantly better than naive observers in terms of accuracy. Experiment II was a replication and extension of Melgosa, et al.’s experiment …
Integrating Remorse And Apology Into Criminal Procedure, Stephanos Bibas, Richard A. Bierschbach
Integrating Remorse And Apology Into Criminal Procedure, Stephanos Bibas, Richard A. Bierschbach
Articles
The article argues that the criminal justice system's current focus on punishment and procedural efficiency overlooks the transformative potential of remorse and apology in repairing moral and relational harm caused by crime. It advocates for a relational approach that integrates mechanisms like restorative justice and victim-offender mediation to foster healing, reconciliation, and reintegration of offenders into society.
A Glimpse At Death And The Transcendent In Gerard Manley Hopkins And Jean Sulivan, Eamon Maher
A Glimpse At Death And The Transcendent In Gerard Manley Hopkins And Jean Sulivan, Eamon Maher
Articles
No abstract provided.
Haitian Refugees And The Rule Of Law, Irwin P. Stotzky
They Don't Really Want To Know Us: Experiences And Perceptions Of International Students At The Technological University Dublin, Almut Schlepper
They Don't Really Want To Know Us: Experiences And Perceptions Of International Students At The Technological University Dublin, Almut Schlepper
Articles
This paper seeks to explore the experiences and perceptions of international, non-EU students at the Technological University Dublin. My interest in the subject derives from my work as a lecturer at a college with an increasing number of international students and from my participation as a student on a course which made me appreciate the value of a diverse student and lecturer body. The sample of the survey I carried out included international students and lecturers at one campus of the Technological University Dublin. While the results indicated that international students are just as heterogeneous as Irish students, they are …
Enough: The Failure Of The Living Will, Angela Fagerlin, Carl E. Schneider
Enough: The Failure Of The Living Will, Angela Fagerlin, Carl E. Schneider
Articles
Enough. The living will has failed, and it is time to say so. We should have known it would fail: A notable but neglected psychological literature always provided arresting reasons to expect the policy of living wills to misfire. Given their alluring potential, perhaps they were worth trying. But a crescendoing empirical literature and persistent clinical disappointments reveal that the rewards of the campaign to promote living wills do not justify its costs. Nor can any degree of tinkering ever make the living will an effective instrument of social policy. As the evidence of failure has mounted, living wills have …
Human Dignity And The Claim Of Meaning: Athenian Tragic Drama And Supreme Court Decisions, James Boyd White
Human Dignity And The Claim Of Meaning: Athenian Tragic Drama And Supreme Court Decisions, James Boyd White
Articles
I am going to bring together what may seem at first to be two extremely different institutions for the creation of public meaning, namely classical Athenian tragedy and the Supreme Court opinion.1 My object is not so much to draw lines of similarity and distinction between them, as a cultural analyst might do, as to try to capture something of what I believe is centrally at work in both institutions, in fact essential to what each at its best achieves. I can frame it as a question: How is it that the best instances of each genre (for I will …
Couple Dynamic In Household Tourism Decision Making: Women As The Gatekeepers?, Ziene Mottiar, Deirdre Quinn
Couple Dynamic In Household Tourism Decision Making: Women As The Gatekeepers?, Ziene Mottiar, Deirdre Quinn
Articles
The purpose of this study is to explore household tourism decision making. There is an extensive literature on consumer choice in general. In terms of tourism, the main focus has been on motivational factors. However, as part of the emergence of a literature which studies the issues of tourism and gender, there are some authors who focus on holiday decision making. In this context the focus here is the distinctive roles and power relations within a couple. The study is exploratory in nature and employs a self-administered questionnaire. It is concluded that the overall consumption of a holiday is largely …
Imagineering Cities: Creating Liveable Urban Futures In The 21st Century, John Ratcliffe, Elzbieta Krawczyk
Imagineering Cities: Creating Liveable Urban Futures In The 21st Century, John Ratcliffe, Elzbieta Krawczyk
Articles
The 21st century is fast being recognised as the ‘century of cities’. More than half of the world’s population lives in cities now, and the importance of efficient urban land use and ‘smart’ development has become ever greater over recent decades. Cities are the key centres of human activity and the engines of economic growth in the world today. A world which has been drastically transformed by rapid technological change, expanding globalisation, profound cultural shifts and new economic perspectives. One, moreover, bring a whole range of fresh opportunities and challenges. Traditional ways in which cities were planned and managed increasingly …
Parents Know Best: Revising Our Approach To Parental Custody Agreements, Linda Jellum
Parents Know Best: Revising Our Approach To Parental Custody Agreements, Linda Jellum
Articles
Historically, parents have not been able to determine custody of their children prior to marriage in the form of a prenuptial agreement. Although parents are able to enter into such agreements, courts normally have a great deal of latitude in ignoring these agreements. A majority of states merely consider the agreement as one factor in determining what is in the child's best interest, while the majority of the rest presume the agreement is in the best interest of the child unless the judge finds otherwise. Only two states defer to the parental agreement unless it would be harmful to the …
Relative Burdens: Family Ties And The Safety Net, Lee Anne Fennell
Relative Burdens: Family Ties And The Safety Net, Lee Anne Fennell
Articles
No abstract provided.
Justice Jackson: A Law Clerk's Recollections A Tribute To Justice Robert H. Jackson, Phil C. Neal
Justice Jackson: A Law Clerk's Recollections A Tribute To Justice Robert H. Jackson, Phil C. Neal
Articles
No abstract provided.
War Fever, Geoffrey R. Stone
The Speech-Enhancing Effect Of Internet Regulation, Emily Buss
The Speech-Enhancing Effect Of Internet Regulation, Emily Buss
Articles
No abstract provided.
Black On Brown 50 Years Of Brown V. Board Of Education:, Cass R. Sunstein
Black On Brown 50 Years Of Brown V. Board Of Education:, Cass R. Sunstein
Articles
No abstract provided.
'Agreeing To Disagree': Filling Gaps In Deliberately Incomplete Contracts, Omri Ben-Shahar
'Agreeing To Disagree': Filling Gaps In Deliberately Incomplete Contracts, Omri Ben-Shahar
Articles
No abstract provided.
Radical Change Through Conventional Means, Emily Buss
Pragmatic Liberalism Versus Classical Liberalism (Reviewing Richard A. Epstein, Skepticism And Freedom: A Modern Case For Classical Liberalism (2003)), Richard A. Posner
Pragmatic Liberalism Versus Classical Liberalism (Reviewing Richard A. Epstein, Skepticism And Freedom: A Modern Case For Classical Liberalism (2003)), Richard A. Posner
Articles
No abstract provided.
Modernization And Representation Reinforcement: An Essay In Memory Of John Hart Ely, David A. Strauss
Modernization And Representation Reinforcement: An Essay In Memory Of John Hart Ely, David A. Strauss
Articles
No abstract provided.