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Articles 2491 - 2520 of 3184
Full-Text Articles in Entire DC Network
The Enduring Difference Of Youth, David Yellen
What Is A Human Right? Universals And The Challenge Of Cultural Relativism, Paul Dubinsky, Jeremy Waldron, Tracy Higgins, Michel Rosenfeld, Ruti Teitel
What Is A Human Right? Universals And The Challenge Of Cultural Relativism, Paul Dubinsky, Jeremy Waldron, Tracy Higgins, Michel Rosenfeld, Ruti Teitel
Articles
The article explores the tension between the universality of human rights and the challenges posed by cultural relativism, emphasizing the need to reconcile these perspectives to address human rights violations effectively. While human rights are foundational and inherent to all individuals, their application must navigate cultural, moral, and legal complexities. The discussion highlights the importance of dialogue and adaptability in upholding universal principles while respecting diverse contexts.
Sentence Discounts And Sentencing Guidelines For Juveniles, David Yellen
Sentence Discounts And Sentencing Guidelines For Juveniles, David Yellen
Articles
No abstract provided.
Love, Loss Of Faith, And Kate O'Brien, Eamon Maher
Love, Loss Of Faith, And Kate O'Brien, Eamon Maher
Articles
Material reproduced by kind permission of Doctrine and Life
Between Monster And Machine: Rethinking The Judicial Function, Lee Anne Fennell
Between Monster And Machine: Rethinking The Judicial Function, Lee Anne Fennell
Articles
No abstract provided.
Winner-Take-Less Codes: The Case Of Private Broadcasting Interdisciplinary Program Series, Cass R. Sunstein
Winner-Take-Less Codes: The Case Of Private Broadcasting Interdisciplinary Program Series, Cass R. Sunstein
Articles
No abstract provided.
Positivism, Formalism, Realism, Brian Leiter
Positivism, Formalism, Realism, Brian Leiter
Articles
In Legal Positivism in American Jurisprudence, Anthony Sebok traces the historical and philosophical relationship between legal positivism and the dominant schools of American jurisprudence: Formalism, Realism, Legal Process, and Fundamental Rights. Sebok argues that formalism followed from the central tenets of Classical Positivism, and that both schools of thought were discredited-through misunderstandings-during the Realist period. Positivism's essential tenets were reasserted by Legal Process scholars, though soon thereafter misappropriated by politically conservative theorists. In the concluding chapters of the book, Sebok argues that the recent theory known as "Soft" Positivism or "Incorporationism" holds out the possibility of redeeming the liberal political …
A Theory Of Customary International Law, Eric A. Posner, Jack L. Goldsmith
A Theory Of Customary International Law, Eric A. Posner, Jack L. Goldsmith
Articles
This Article presents a theory of customary international law ("CIL") that seeks to resolve the many well-known difficulties with standard accounts of CIL. The theory uses simple game theoretical concepts to explain how CIL arises, why nations "comply" with CIL as commonly understood, and how CIL changes. This theory rejects the usual explanations of CIL based on opinio juris, legality, morality, and related concepts. States do not comply with norms of CIL because of a sense of moral or legal obligation; rather, their compliance and the norms themselves emerge from the states' pursuit of self-interested policies on the international stage. …
What Does Frieda Yoder Believe?, Emily Buss
Availability Cascades And Risk Regulation, Cass R. Sunstein, Timur Kuran
Availability Cascades And Risk Regulation, Cass R. Sunstein, Timur Kuran
Articles
An availability cascade is a self-reinforcing process of collective belief formation by which an expressed perception triggers a chain reaction that gives the perception increasing plausibility through its rising availability in public discourse. The driving mechanism involves a combination of informational and reputational motives: Individuals endorse the perception partly by learning from the apparent beliefs of others and partly by distorting their public responses in the interest of maintaining social acceptance. Availability entrepreneurs- activists who manipulate the content of public discourse-strive to trigger availability cascades likely to advance their agendas. Their availability campaigns may yield social benefits, but sometimes they …
Too Young To Be Rehabilitated - Comments On Lipsey's 'Can Rehabilitative Programs Reduce The Recidivism Of Juvenile Offenders?', Emily Buss
Articles
No abstract provided.
Confronting Developmental Barriers To The Empowerment Of Child Clients, Emily Buss
Confronting Developmental Barriers To The Empowerment Of Child Clients, Emily Buss
Articles
No abstract provided.
Two Cheers For Cheerleading: The Noisy Integration Of Vmi And The Quiet Success Of Virginia Women In Leadership The Law Of Sex Discrimination, Mary Anne Case
Two Cheers For Cheerleading: The Noisy Integration Of Vmi And The Quiet Success Of Virginia Women In Leadership The Law Of Sex Discrimination, Mary Anne Case
Articles
No abstract provided.
Exit Rights And Insurance Regulation: From Federalism To Takings, Richard A. Epstein
Exit Rights And Insurance Regulation: From Federalism To Takings, Richard A. Epstein
Articles
No abstract provided.
Licensing: Permission Slips In Corporate And Fourth Amendment Law, Saul Levmore
Licensing: Permission Slips In Corporate And Fourth Amendment Law, Saul Levmore
Articles
No abstract provided.
Rethinking Cost-Benefit Analysis, Eric A. Posner, Matthew D. Adler
Rethinking Cost-Benefit Analysis, Eric A. Posner, Matthew D. Adler
Articles
No abstract provided.
An Economic Approach To The Law Of Evidence, Richard A. Posner
An Economic Approach To The Law Of Evidence, Richard A. Posner
Articles
In this article, Judge Richard A. Posner presents the first comprehensive economic analysis of the law of evidence. The article is presented in three parts. First, Judge Posner proposes and describes two possible economic models, both a search and a cost-minimization approach, to describe how evidence is obtained, presented, and evaluated. In both, he incorporates Bayes' theorem to examine rational decisionmaking. Second, he examines the evidence gathering process, comparing and contrasting, in economic terms, the "inquisitorial" and "adversarial" systems of justice. The inquisitorial system, at first glance, appears to be more economically efficient. This, though, may be illusory, a result …
Status Signaling And The Law, With Particular Application To Sexual Harassment, Richard A. Posner, Gertrud M. Fremling
Status Signaling And The Law, With Particular Application To Sexual Harassment, Richard A. Posner, Gertrud M. Fremling
Articles
No abstract provided.
Is Cooperation Possible?, Diane P. Wood
Street Children: A Comparative Perspective, Kevin Lalor
Street Children: A Comparative Perspective, Kevin Lalor
Articles
Objective: This paper examines the findings from recent studies of street children in Ethiopia. Methods: Following a discussion of the term “street children,” comparisons are drawn between Latin American and Ethiopian street children in terms of gender, age, reasons for going to the streets, family relations and structure, delinquency, drug use, groups and the outcomes of street life. In particular, the victimisation of street children in Ethiopia is examined. Results: Widespread abuse of street children was reported. More than half of the street boys questioned reported being “regularly” physically attacked. Street life is also highly victimogenic for street girls. Sexual …
From Consumer Sovereignty To Cost-Benefit Analysis: An Incompletely Theorized Agreement, Cass R. Sunstein
From Consumer Sovereignty To Cost-Benefit Analysis: An Incompletely Theorized Agreement, Cass R. Sunstein
Articles
No abstract provided.
Is The Clean Air Act Unconstitutional?, Cass R. Sunstein
Is The Clean Air Act Unconstitutional?, Cass R. Sunstein
Articles
No abstract provided.
Liberty, Patriarchy, And Feminism, Richard A. Epstein
Researching Labor Arbitration And Alternative Dispute Resolution In Employment, Suzanne Thorpe, Laura J. Cooper
Researching Labor Arbitration And Alternative Dispute Resolution In Employment, Suzanne Thorpe, Laura J. Cooper
Articles
What kinds of information can we expect to find when doing research in alternative dispute resolution? To the extent that ordinary issues of law arise when considering methods of alternative dispute resolution, such as whether an agreement to arbitrate is judicially enforceable or whether communications in the course of mediation enjoy an evidentiary privilege, ordinary sources of legal research remain appropriate. This research guide generally does not describe those research
The Ada In Turmoil: Judicial Dissonance, The Supreme Court's Response, And The Future Of Disability Discrimination Law, Stephen F. Befort, Holly Lindquist Thomas
The Ada In Turmoil: Judicial Dissonance, The Supreme Court's Response, And The Future Of Disability Discrimination Law, Stephen F. Befort, Holly Lindquist Thomas
Articles
The Americans with Disabilities Act (ADA) 1 was enacted in 1990 with considerable fanfare and support. A broad-based coalition of supporters testified in favor of the legislation before committee hearings 2 and both houses of Congress passed the legislation by wide margins. 3 President George Bush, in signing the ADA into law, described the new statute as "an historic opportunity" 4 representing "the full flowering of our democratic principles." 5
American Prisons At The Beginning Of The Twenty-First Century, Michael Tonry, Joan Petersilia
American Prisons At The Beginning Of The Twenty-First Century, Michael Tonry, Joan Petersilia
Articles
No abstract provided.
More Light Thoughts And Night Thoughts On The American Family, Judith T. Younger
More Light Thoughts And Night Thoughts On The American Family, Judith T. Younger
Articles
No abstract provided.
The Transformation Of The Juvenile Court--Part Ii: Social Structure, Race, And The "Crack Down" On Youth Crime, Barry C. Feld
The Transformation Of The Juvenile Court--Part Ii: Social Structure, Race, And The "Crack Down" On Youth Crime, Barry C. Feld
Articles
Part I briefly analyzes the social history of the juvenile court and argues that the progressive reformers who created the juvenile court designed it to discriminate against "other peoples' children," a feature that carries over into contemporary juvenile justice administration. Part II analyzes the "constitutional domestication" of the juvenile court. It places the U.S. Supreme Court's juvenile court "due process" decisions in a broader social structural context and argues that the Court emphasized procedural safeguards as part of its broader agenda to protect the civil rights and liberty interests of minorities. Part III analyzes the impact of the juvenile court's …
Beyond The Formalism Debate: Expert Reasoning, Fuzzy Logic, And Complex Statutes, Edward Adams, Daniel Farber
Beyond The Formalism Debate: Expert Reasoning, Fuzzy Logic, And Complex Statutes, Edward Adams, Daniel Farber
Articles
Formalists and antiformalists continue to debate the utility of using legislative history and current social values to interpret statutes. Lost in the debate, however, is a clear model of how judges actually make decisions. Rather than focusing on complex problems presented by actual judicial decisions, formalists and antiformalists concentrate on stylized examples of simple statutes.In this Article, Professors Adams and Farber construct a more functional model of judicial decisionmaking by focusing on complex problems. They use cognitive psychological research on expert reasoning and techniques from an emerging area in the field of artificial intelligence, fuzzy logic, to construct their model. …
Corralling Kevorkian: Regulating Physician-Assisted Suicide In America, Steve Calandrillo
Corralling Kevorkian: Regulating Physician-Assisted Suicide In America, Steve Calandrillo
Articles
This article examines the evolution and history of the development of the right-to-die in America, the ethical considerations surrounding physician-assisted suicide (P.A.S.), and the dangers posed by the rise of managed care. I then explore and analyze efforts to legalize and regulate assisted suicide (Netherlands, Oregon, The Model State Act), and suggest the criteria I believe are essential to include in any P.A.S. regulatory scheme.