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Articles 2821 - 2850 of 3205
Full-Text Articles in Entire DC Network
Pornography And Harm To Women: No Empirical Evidence, Richard Delgado, Jean Stefancic
Pornography And Harm To Women: No Empirical Evidence, Richard Delgado, Jean Stefancic
Articles
No abstract provided.
Labour Turnover In London Hotels And The Cost Effectiveness Of Preventative Measures, Frank Mcmahon, Ann Denvir
Labour Turnover In London Hotels And The Cost Effectiveness Of Preventative Measures, Frank Mcmahon, Ann Denvir
Articles
No abstract provided.
Outsider Scholarship: The Law Review Stories, Mary I. Coombs
Outsider Scholarship: The Law Review Stories, Mary I. Coombs
Articles
No abstract provided.
The Death Of The Employer: Image, Text, And Title Vii, D. Marvin Jones
The Death Of The Employer: Image, Text, And Title Vii, D. Marvin Jones
Articles
No abstract provided.
Heat Of Passion And Wife Killing: Men Who Batter/Men Who Kill, Donna Coker
Heat Of Passion And Wife Killing: Men Who Batter/Men Who Kill, Donna Coker
Articles
No abstract provided.
Exit: Power And The Idea Of Leaving In Love, Work, And The Confirmation Hearings, Martha R. Mahoney
Exit: Power And The Idea Of Leaving In Love, Work, And The Confirmation Hearings, Martha R. Mahoney
Articles
No abstract provided.
Disabled Clients, Disabling Lawyers, Anthony V. Alfieri
Disabled Clients, Disabling Lawyers, Anthony V. Alfieri
Articles
No abstract provided.
The Place Of The Humanities And Social Sciences In Post-Secondary Technological Institutions, Boris Mikoiji, Morton Isaacs
The Place Of The Humanities And Social Sciences In Post-Secondary Technological Institutions, Boris Mikoiji, Morton Isaacs
Articles
No abstract provided.
Telling Tales In Court: Trial Procedure And The Story Model, Richard O. Lempert
Telling Tales In Court: Trial Procedure And The Story Model, Richard O. Lempert
Articles
There are three ways in which stories may figure prominently at trials. First, litigants may tell stories to jurors. Not only is there some social science evidence that this happens, but trial lawyers have an instinctive sense that this is what they do. Ask a litigator to describe a current case and she is likely to reply, "Our story is ... " Second, jurors may try to make sense of the evidence they receive by fitting it to some story pattern. If so, the process is likely to feed back on itself. That is, jurors are likely to build a …
Abduction From The Seraglio: Feminist Methodologies And The Logic Of Imagination, Jeanne L. Schroeder
Abduction From The Seraglio: Feminist Methodologies And The Logic Of Imagination, Jeanne L. Schroeder
Articles
The article critiques the "different voice" theory in feminist jurisprudence, arguing that it risks reinforcing gender stereotypes and lacks a normative framework to challenge dominant masculinist perspectives. It also examines MacKinnon's contributions to feminist legal theory, highlighting both her strengths, such as her recognition of the need for a comprehensive alternative to masculinist theories, and her limitations, particularly her failure to develop a robust methodology for hypothesis verification. The article emphasizes the importance of distinguishing between hypothesis formation and proof in jurisprudence and advocates for a more nuanced approach to gender jurisprudence that avoids essentialism and integrates psychological insights without …
Metro Broadcasting, Inc. V Fcc: Affirmative Action At The Crossroads Of Constitutional Liberty And Equality, Michel Rosenfeld
Metro Broadcasting, Inc. V Fcc: Affirmative Action At The Crossroads Of Constitutional Liberty And Equality, Michel Rosenfeld
Articles
The article examines the Supreme Court's inconsistent approach to affirmative action, particularly through the lens of *Metro Broadcasting, Inc. v. FCC*, which upheld the FCC's race-based policies to promote broadcast diversity. While the decision aligns with constitutional values of equality and free speech, the Court's opinions fail to coherently reconcile liberty and equality principles. The article argues for a more integrated framework to address the complexities of affirmative action jurisprudence and its intersection with First Amendment rights.
Remarks On Law And Literature, Richard A. Posner
Three Civil Rights Fallacies, Cass R. Sunstein
How Not To Promote Serious Deliberation About Abortion, Michael W. Mcconnell
How Not To Promote Serious Deliberation About Abortion, Michael W. Mcconnell
Articles
No abstract provided.
Multiculturalism, Majoritarianism, And Educational Choice: What Does Our Constitutional Tradition Have To Say?, Michael W. Mcconnell
Multiculturalism, Majoritarianism, And Educational Choice: What Does Our Constitutional Tradition Have To Say?, Michael W. Mcconnell
Articles
No abstract provided.
The Failure Of Sentencing Guidelines: A Plea For Less Aggregation, Albert Alschuler
The Failure Of Sentencing Guidelines: A Plea For Less Aggregation, Albert Alschuler
Articles
No abstract provided.
The Strangest Attack Yet On Law And Economics, Richard A. Posner
The Strangest Attack Yet On Law And Economics, Richard A. Posner
Articles
Judge Posner responds in this Article to Professor Jaffee. He first addresses Professor Jaffee's attempt to refute Law and Economics within its own terms by reference to the concept of efficient breach of contract. Judge Posner argues that even if some of Professor Jaffee's criticisms are true-which he doubts-the "efficient breach" concept and the damages remedies that it implies still provide the preferred approach to breach of contract problems. He points out that specific performance-Professor Jaffee's preferred remedy for breach-raises problems of its own, including bilateral monopoly and a need for continued judicial supervision of contracts. Regarding the alternative vision …
Persuasion, Autonomy, And Freedom Of Expression, David A. Strauss
Persuasion, Autonomy, And Freedom Of Expression, David A. Strauss
Articles
No abstract provided.
Public Prosecution And Hydro-Engineering, Michael Tonry
Public Prosecution And Hydro-Engineering, Michael Tonry
Articles
There are inherent tensions between conceptions of public prosecutors as elected officials who respond to public intolerance of crime and criminals and as officers of the court who answer to normative injunctions of fairness and dispassion. Discussion of prosecutors' roles has progressed little beyond recognition of inherent tensions. There is no literature on prosecutorial strategies. The empirical literature on prosecutorial operations is scant.
A Reminiscence About The Uniform Marriage And Divorce Act - Some Reflections About Its Critics And Its Policies, Robert Levy
A Reminiscence About The Uniform Marriage And Divorce Act - Some Reflections About Its Critics And Its Policies, Robert Levy
Articles
No abstract provided.
Wills And Trusts: "The Kingdom Of The Fathers", Mary Louise Fellows
Wills And Trusts: "The Kingdom Of The Fathers", Mary Louise Fellows
Articles
The purpose of my talk today is to use doctrines in wills and trusts law as the yardstick with which to measure the Kingdom of the Fathers. I will show that wills and trusts law has always and 2 continues to operate to preserve and sustain their Kingdom.
Bfoq Revisited: Johnson Controls Halts The Expansion Of The Defense To Intentional Sex Discrimination, Stephen F. Befort
Bfoq Revisited: Johnson Controls Halts The Expansion Of The Defense To Intentional Sex Discrimination, Stephen F. Befort
Articles
The bona fide occupational qualification (BFOQ) is a statutory defense to intentional discrimination under Title VII. 1 The BFOQ defense permits an employer to adopt an otherwise facially discriminatory employment practice if "reasonably necessary to the normal operation of that particular business. . . ." 2 Both the courts and the Equal Employment Opportunity Commission (EEOC) have traditionally interpreted this defense very narrowly. A gender-based employment classification, for example, qualifies as a BFOQ only if the failure to adopt a single-sex policy undermines the employer's ability to accomplish its essential business mission. 3
When Is There A Constitutional 'Right To Die'? When Is There No Constitutional 'Right To Live'?, Yale Kamisar
When Is There A Constitutional 'Right To Die'? When Is There No Constitutional 'Right To Live'?, Yale Kamisar
Articles
When I am invited to participate in conferences on the "right to die," I suspect that the organizers of such gatherings expect me to fill what might be called the " 'slippery slope' slot" on the program or, more generally, to articulate the "conservative" position on this controversial matter. These expectations are hardly surprising. The "right to die" is a euphemism for what almost everybody used to call a form of euthanasia-" passive" or "negative" or "indirect" euthanasia-and some thirty years ago, in the course of raising various objections to proposed euthanasia legislation, I advanced the "thin edge of the …
Character Impeachment Evidence: Psycho-Bayesian (!?) Analysis And A Proposed Overhaul, Richard D. Friedman
Character Impeachment Evidence: Psycho-Bayesian (!?) Analysis And A Proposed Overhaul, Richard D. Friedman
Articles
Typically, arguments for restricting character impeachment evidence are based in part on the premise that prior crimes, at least violent crimes, generally indicate little about a person's veracity. The argument advanced here against character impeachment of criminal defendants does not rely on that premise; in fact, it accepts the premise that prior antisocial behavior, even not involving dishonesty, often does indicate a good deal about a person's general truthtelling inclination. A careful analysis of the situation of the accused on the witness stand-rather than an easy assumption about irrelevance-leads to this Article's broad conclusion that character impeachment evidence of criminal …
Expert Evidence, Samuel R. Gross
Expert Evidence, Samuel R. Gross
Articles
It seems that the use of expert witnesses in common law courts has always been troublesome. In his Treatise on the Law of Evidence, first published in 1848, Judge John Pitt Taylor describes several classes of witnesses whose testimony should be viewed with caution, including: enslaved people (which accounts for "the lamentable neglect of truth, which is evinced by most of the nations of India, by the subjects of the Czar, and by many of the peasantry in Ireland"); women (because they are more susceptible to "an innate vain love of the marvelous"); and "foreigners and others ... living out …
To Tell What We Know Or Wait For Godot?, Phoebe C. Ellsworth
To Tell What We Know Or Wait For Godot?, Phoebe C. Ellsworth
Articles
Professor Elliott raises two questions about the American Psychological Association's practice of submitting amicus briefs to the courts. First, are our data sufficiently valid, consistent, and generalizable to be applicable to the real world issues? Second, are amicus briefs adequate to communicate scientific findings? The first of these is not a general question, but must be addressed anew each time the Association considers a new issue. An evaluation of the quality and sufficiency of scientific knowledge about racial discrimination, for example, tells us nothing at all about the quality and sufficiency of scientific knowledge about sexual abuse. "Are the data …
Getting To No: A Study Of Settlement Negotiations And The Selection Of Cases For Trial, Samuel R. Gross, Kent D. Syverud
Getting To No: A Study Of Settlement Negotiations And The Selection Of Cases For Trial, Samuel R. Gross, Kent D. Syverud
Articles
A trial is a failure. Although we celebrate it as the centerpiece of our system of justice, we know that trial is not only an uncommon method of resolving disputes, but a disfavored one. With some notable exceptions, lawyers, judges, and commentators agree that pretrial settlement is almost always cheaper, faster, and better than trial. Much of our civil procedure is justified by the desire to promote settlement and avoid trial. More important, the nature of our civil process drives parties to settle so as to avoid the costs, delays, and uncertainties of trial, and, in many cases, to agree …
Who Should Live-Or Die? Who Should Decide?, Yale Kamisar
Who Should Live-Or Die? Who Should Decide?, Yale Kamisar
Articles
TRIAL asked Professor Kamisar questions on legal and ethical issues surrounding the right to die, a subject attracting increasing interest across the country and around the world.
In Search Of Family Value: Constructing A Framework For Jurisprudential Discourse, Steven H. Hobbs
In Search Of Family Value: Constructing A Framework For Jurisprudential Discourse, Steven H. Hobbs
Articles
No abstract provided.
Derrick Bell's Racial Realism: A Comment On White Optimism And Black Despair Commentary On Racial Realism, Richard Delgado
Derrick Bell's Racial Realism: A Comment On White Optimism And Black Despair Commentary On Racial Realism, Richard Delgado
Articles
No abstract provided.