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Articles 2551 - 2580 of 3184
Full-Text Articles in Entire DC Network
Assessing Punitive Damages (With Notes On Cognition And Valuation In Law), Cass R. Sunstein, Daniel Kahneman, David Schkade
Assessing Punitive Damages (With Notes On Cognition And Valuation In Law), Cass R. Sunstein, Daniel Kahneman, David Schkade
Articles
No abstract provided.
How To Win The Trial Of The Century: The Ethics Of Lord Brougham And The O. J. Simpson Defense Team, Albert W. Alschuler
How To Win The Trial Of The Century: The Ethics Of Lord Brougham And The O. J. Simpson Defense Team, Albert W. Alschuler
Articles
No abstract provided.
Explaining The Public Wariness Of Juries, Albert W. Alschuler
Explaining The Public Wariness Of Juries, Albert W. Alschuler
Articles
No abstract provided.
Competition And Cooperation, Saul Levmore
Modeling Morality: What Are The Limits To Self-Directed Preference Change?, Richard H. Mcadams
Modeling Morality: What Are The Limits To Self-Directed Preference Change?, Richard H. Mcadams
Articles
No abstract provided.
Against Constitutional Theory, Richard A. Posner
Against Constitutional Theory, Richard A. Posner
Articles
In this Madison Lecture, Chief Judge Posner advocates a pragmatic approach to constitutional decisionmaking, criticizing constitutional theorists who conceal their normative goals in vague and unworkable principles of interpretation. After discussing specific constitutional theories as well as the legal academy's increasing reliance on theory in genera Posner demonstrates the ineffectuality of constitutional theory, using the Supreme Court's decisions in United States v. Virginia and Romer v. Evans as examples. He argues not that these cases were necessarily wrongly decided, but that the opinions lack the empirical support that is crucial to sound constitutional adjudication. Posner urges law professors to focus …
Living Dangerously: A Defense Of Mortal Peril, Richard A. Epstein
Living Dangerously: A Defense Of Mortal Peril, Richard A. Epstein
Articles
As one of the most controversial writers of our time, just the name Richard Epstein draws immediate attention from all sectors of academia. But if the hallmark of great ideas is the criticism they engender, Professor Epstein's words and thoughts are powerful indeed. In Mortal Peril, Professor Epstein outlined a fundamental shift in thinking that he claimed needed to occur before any discussion of health care could take place. The final consensus of the validity of Professor Epstein's views may still be a matter for history to judge, but in many ways, he has already won; with the strength of …
Incommensurability: Truth Or Consequences?, Brian Leiter
Incommensurability: Truth Or Consequences?, Brian Leiter
Articles
No abstract provided.
The Race To Innocence: Confronting Hierarchical Relations Among Women, Mary Louise Fellows, Sherene Razack
The Race To Innocence: Confronting Hierarchical Relations Among Women, Mary Louise Fellows, Sherene Razack
Articles
No abstract provided.
Risk Assessment, Resource Allocation, And Fairness: Evidence From Law Students, Cass R. Sunstein, Christopher E. Houston
Risk Assessment, Resource Allocation, And Fairness: Evidence From Law Students, Cass R. Sunstein, Christopher E. Houston
Articles
No abstract provided.
Theories And Tropes: A Reply To Posner And Kelman, Cass R. Sunstein, Christine Jolls, Richard H. Thaler
Theories And Tropes: A Reply To Posner And Kelman, Cass R. Sunstein, Christine Jolls, Richard H. Thaler
Articles
No abstract provided.
Erie And The Irrevelance Of Legal Positivism, Jack L. Goldsmith, Steven Walt
Erie And The Irrevelance Of Legal Positivism, Jack L. Goldsmith, Steven Walt
Articles
No abstract provided.
Women, Morality, And Sexual Orientation, Mary E. Becker
Women, Morality, And Sexual Orientation, Mary E. Becker
Articles
In this Article, Professor Becker argues that heterosexual relationships are more problematic for women than lesbian relationships, particularly when such relationships are viewed in terms of their tendency to objectify the "other." She discusses how current "moral" norms concerning the inferiority of homosexuality to heterosexuality enable men to use women in immoral and subordinating ways. She explores moral taboos against lesbian relationships and asserts that these taboos facilitate heterosexual male exploitation of women's sexuality by obscuring from some women the possibility that they might prefer more equitable relationships with women rather than with men. She argues for greater acceptance of …
Constructing A Jury That Is Both Impartial And Representative: Utilizing Cumulative Voting In Jury Selection, Edward S. Adams, Christian J. Lane
Constructing A Jury That Is Both Impartial And Representative: Utilizing Cumulative Voting In Jury Selection, Edward S. Adams, Christian J. Lane
Articles
One of the main and ongoing problems plaguing the American jury system has been ensuring that juries in civil and criminal trials are truly representative of the communities in which they serve. Historically, minorities have been disproportionately excluded from jury service. This shortfall results from a combination of factors at each stage of the juror identification process. At the jury pool stage, juror notification methods often fail to identify or reach minorities for tie simple reason that minorities generally are poorer and more transient. At the venire stage, those minorities who actually receive notification report to the courthouse at a …
Youth Violence In America, Mark H. Moore, Michael Tonry
Youth Violence In America, Mark H. Moore, Michael Tonry
Articles
No abstract provided.
An Economic Analysis Of Intellectual Property Rights: Justifications And Problems Of Exclusive Rights, Incentives To Generate Information, And The Alternative Of A Government Run Reward System, Steve Calandrillo
Articles
This article examines and questions the traditional justifications for intellectual property (I.P.) rights in America (focusing on copyright and patent law), and explores incentives necessary to induce the creation of these works of information. I conclude that changes are needed to I.P. law in order to best foster society's dual goals of 1) promoting incentives to create I.P. works (such as currently patented drugs), while also 2) maximizing distribution of those products to all consumers who would stand to gain (and not merely those who can afford the monopoly price charged). Hence, I suggest the creation of a Government-Run Reward …
Talking About Religion In The Language Of The Law: Impossible But Necessary, James Boyd White
Talking About Religion In The Language Of The Law: Impossible But Necessary, James Boyd White
Articles
In speaking to this conference about religion and law I am in a decidedly peculiar position, for it may be that every one of you has thought longer and harder about the relation between these two forms of life than I have. When Scott Idleman first asked me to talk to you, I explained that I was no expert, to put it mildly, and that the most that I could offer would be the reflections of a neophyte. He said that this was fine-perhaps he was just desperate for a speaker; perhaps he thought that it might be helpful to …
Thoughts From Across The Water On Hearsay And Confrontation, Richard D. Friedman
Thoughts From Across The Water On Hearsay And Confrontation, Richard D. Friedman
Articles
This article draws on the history of the hearsay rule, and on recent decisions of the European Court of Human Rights, to argue that the right to confrontation should be recognised as a basic principle of the law of evidence, and that aspects of the Law Commission's proposals for reform of the hearsay rule, and of the Home Office's proposals for restrictions on the right of cross-examination, are therefore unsatisfactory.
Truth And Its Rivals In The Law Of Hearsay And Confrontation (Symposium: Truth And Its Rivals: Evidence Reform And The Goals Of Evidence Law)." , Richard D. Friedman
Truth And Its Rivals In The Law Of Hearsay And Confrontation (Symposium: Truth And Its Rivals: Evidence Reform And The Goals Of Evidence Law)." , Richard D. Friedman
Articles
In this paper, I will look at the problem of hearsay and confrontation through the lens offered by this symposium's theme of "truth and its rivals." I will ask: To what extent does the law of hearsay and confrontation aspire to achieve the goal of truth in litigation? To what extent does it, or should it, seek to achieve other goals, or to satisfy other constraints on the litigation system? And, given the ends that it seeks to achieve, what should the shape of the law in this area be? My principal conclusions are as follows: In most settings, the …
Make-Believe: The Rules Excluding Evidence Of Character And Liability Insurance (Symposium: Truth And Its Rivals: Evidence Reform And The Goals Of Evidence Law), Samuel R. Gross
Articles
Article IV of the Federal Rules of Evidence includes several rules that prohibit the use of specified types of information as evidence of particular propositions. Subsequent remedial measures are inadmissible to prove negligence (but admissible to show ownership, control, et cetera),' settlement offers are inadmissible to prove liability (but admissible to show bias or prejudice, or for other purposes),2 and so forth. Any exclusion of relevant evidence involves some distortion of reality in the sense that the picture presented to the trier of fact includes less information than the available total. That will be true whether the evidence is kept …
Ann Arbor, December 1997, William I. Miller
Ann Arbor, December 1997, William I. Miller
Articles
In a journal entry from Dec 1997, Miller describes his daily thoughts and activities. He recalls watching "Beauty and the Beast," contemplating his views on sex and being sick during the Christmas season.
Strategies For Evaluating Software Usability, Ronan Fitzpatrick
Strategies For Evaluating Software Usability, Ronan Fitzpatrick
Articles
This paper presents a usage analysis and taxonomy of methods which are used to evaluate the usability of computer systems. To accommodate the analysis and taxonomy, a matrix of strategies which can be used for effective usability evaluation is presented. Such an analysis, taxonomy and strategies support human-computer interaction (HCI) professionals who have the responsibility for ensuring computer system usability. The strategies outlined are named Virtual Engineering, Soft Modelling, Hard Review and Real World. This paper also uses a composite set of existing popular generic evaluation methods which can be used as part of these strategies. The methods used are …
Latino And Latina Critical Theory: An Annotated Bibliography Latcrit: Latinas/Os And The Law: A Joint Symposium By California Law Review And La Raza Law Journal: Policy, Politics, And Praxis, Jean Stefancic
Articles
No abstract provided.
Why Do Juries Get A Bum Rap: Reflections On The Work Of Valerie Hans, Richard O. Lempert
Why Do Juries Get A Bum Rap: Reflections On The Work Of Valerie Hans, Richard O. Lempert
Articles
The paper by Professor Valerie Hans that I have been asked to comment on examines the widespread expectation that jurors are prepared to hold businesses responsible in tort actions when they would not hold individual actors similarly responsible.1 Two reasons are commonly offered for this expectation. The first is that jurors naturally sympathize with individuals (like themselves) when people sue businesses, either because they identify with the plaintiffs as individuals or because they hold antibusiness attitudes. The second is that because businesses are often wealthy, a "deep pockets" effect exists such that jurors in negligence cases will find for undeserving …
The Death Of A Friendly Critic, James J. White
The Death Of A Friendly Critic, James J. White
Articles
Our colleague, Andy Watson, died April 2. Andy was one of the handful of preeminent law professor/psychiatrists. In that role he wrote dozens of articles and several important books, including Psychiatry for Lawyers, a widely used text. I do not write to remind us of his scholarly work, of his strength as a clinical and classroom teacher, or of his prominence as a forensic psychiatrist. I write to remind us of his powerful criticism of our teaching. On the occasion of his death, it is right to recognize his influence on the law school curriculum and to consider whether his …
Rodrigo's Roadmap: Is The Marketplace Theory For Eradicating Discrimination A Blind Alley, Richard Delgado
Rodrigo's Roadmap: Is The Marketplace Theory For Eradicating Discrimination A Blind Alley, Richard Delgado
Articles
No abstract provided.
Yearning For Lake Wobegon: The Quest For The Best Test At The Expense Of The Best Education, Lisa Kelly
Yearning For Lake Wobegon: The Quest For The Best Test At The Expense Of The Best Education, Lisa Kelly
Articles
This article first will outline the various tests or assessments. Next, recent federal and state mandates for standardized testing of elementary school children will be examined. Then, the educational literature will be reviewed to expose the dangers of testing, particularly in the early grades. Finally, I will urge that the Clinton administration, Congress, and the states step back from this manner of securing educational adequacy. These governmental policies are rooted in the stated intention of guaranteeing that all schools are doing right by all of the children. However, early testing fosters the opposite result-educational inequity through tracking, retention, and the …
Child Sexual Abuse In Ireland: An Historical And Anthropological Note, Kevin Lalor
Child Sexual Abuse In Ireland: An Historical And Anthropological Note, Kevin Lalor
Articles
Child sexual abuse in Ireland has entered the public domain only in the last twenty years. This process was accelerated by a number of high profile cases which became public in the mid 1990s. Prior to the recent past, few references to child sexual abuse in Ireland exist. The first written evidence is found in the Penitentials of the early Christian period. Penance is specified for those that “misuse” children. Mention of adult child sexual relations is also found in the Brehon law texts. Historians, sociologists and anthropologists of childhood suggest that patterns of child rearing vary across time and …
Sexual Dis-Orientation: Transgendered People And Same-Sex Marriage, Mary I. Coombs
Sexual Dis-Orientation: Transgendered People And Same-Sex Marriage, Mary I. Coombs
Articles
In this Article, Professor Coombs argues that the debate about same-sex marriage has wrongfully ignored transgendered people and their relationships. She provides an overview of arguments made by opponents of same-sex marriage, such as tradition, procreation, child-rearing, and family values. She then examines cases involving transsexual marriages and uses this analysis to deconstruct the same-sex marriage debate. Professor Coombs argues that an honest consideration of transgendered people and their relationships forces a re-evaluation of arguments against same-sex marriage and disrupts the gendered patriarchy on which traditional marriage rests. Marriage should be seen as a relationship between two people, regardless of …
Establishing Deliberative Democracy: Moving From Misery To Poverty With Dignity, Irwin P. Stotzky
Establishing Deliberative Democracy: Moving From Misery To Poverty With Dignity, Irwin P. Stotzky
Articles
No abstract provided.