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Articles 2851 - 2880 of 3205
Full-Text Articles in Entire DC Network
The Transformation Of The Juvenile Court, Barry C. Feld
The Transformation Of The Juvenile Court, Barry C. Feld
Articles
Ideological changes in the cultural conception of children and in strategies of social control during the nineteenth century led to the creation of the juvenile court. At the dawn of the twentieth century, Progressive reformers applied the new theories of social control to the new ideas about childhood and created a social welfare alternative to criminal courts to treat criminal and noncriminal misconduct by youth.
Hindsight And Causality, David Wasserman, Richard O. Lempert, Reid Hastie
Hindsight And Causality, David Wasserman, Richard O. Lempert, Reid Hastie
Articles
When people know how an event turned out, they are usually unable to reproduce the judgments they would have made without outcome knowledge. Furthermore, they are unaware of their inability to recapture their pre-outcome state of mind. This tendency to overestimate what they would have known without the outcome knowledge is called "hindsight." An experiment explored the moderating effects of the type of cause to which the outcome was attributed on the magnitude of the hindsight effect. When the outcome was attributed to unforeseeable "chance" factors, such as an unexpected storm or an earthquake, the hindsight effect was virtually eliminated. …
Our Meanings Can Never Be The Same: Reflections On Language And Law, James Boyd White
Our Meanings Can Never Be The Same: Reflections On Language And Law, James Boyd White
Articles
For me it is a starting point in all thought about language that, whatever I say or do with words, my expression will never mean exactly the same thing to you that it does to me; and of course yours will never mean exactly the same thing to me that it does to you. It cannot: each act of expression is a gesture against a context; it derives its meaning largely. perhaps entirely, from its relation to that context; and for each of us the context of every gesture is different, if only because one of us is doing it, …
1992: The Case Of Financial Services, Caroline Bradley
Competitive Deregulation Of Financial Services Activity In Europe After 1992, Caroline Bradley
Competitive Deregulation Of Financial Services Activity In Europe After 1992, Caroline Bradley
Articles
No abstract provided.
The Lockett Paradox: Reconciling Guided Discretion And Unguided Mitigation In Capital Sentencing, Scott E. Sundby
The Lockett Paradox: Reconciling Guided Discretion And Unguided Mitigation In Capital Sentencing, Scott E. Sundby
Articles
No abstract provided.
Legal Images Of Battered Women: Redefining The Issue Of Separation, Martha R. Mahoney
Legal Images Of Battered Women: Redefining The Issue Of Separation, Martha R. Mahoney
Articles
No abstract provided.
Beyond Griswold: Foucauldian And Republican Approaches To Privacy, Stephen J. Schnably
Beyond Griswold: Foucauldian And Republican Approaches To Privacy, Stephen J. Schnably
Articles
No abstract provided.
Feminism Historicized: Medieval Misogynist Stereotypes In Contemporary Feminist Jurisprudence, Jeanne L. Schroeder
Feminism Historicized: Medieval Misogynist Stereotypes In Contemporary Feminist Jurisprudence, Jeanne L. Schroeder
Articles
The article argues that contemporary feminist theories are ahistorical and culturally narrow, often mirroring medieval misogynist stereotypes by assuming that late-twentieth-century, white, upper-middle-class American experiences represent universal truths about gender. By examining medieval canon law and societal norms, the analysis reveals that patriarchal structures have persisted across time, adapting to different cultural definitions of masculinity and femininity. The author advocates for a more historically and cross-culturally informed approach to jurisprudence and gender theory to avoid replicating past oppressions.
History's Challenge To Feminism, Jeanne L. Schroeder
Needed In The Nineties: Improved Individual And Structural Remedies For Racial And Sexual Disadvantages In Employment, Mary E. Becker
Needed In The Nineties: Improved Individual And Structural Remedies For Racial And Sexual Disadvantages In Employment, Mary E. Becker
Articles
No abstract provided.
Free Exercise Revisionism And The Smith Decision, Michael W. Mcconnell
Free Exercise Revisionism And The Smith Decision, Michael W. Mcconnell
Articles
No abstract provided.
Success And The Judicial Power, Frank H. Easterbrook
The Paradox Of Civil Rights, Richard A. Epstein
What Has Pragmatism To Offer Law?, Richard A. Posner
Bork And Beethoven, Richard A. Posner
Just Compensation And Just Politics, Saul Levmore
The Third Best Choice: An Essay On Law And History, Theodore Y. Blumoff
The Third Best Choice: An Essay On Law And History, Theodore Y. Blumoff
Articles
The thesis of this Essay is that our use of history is as essential and unavoidable as conclusive answers are irretrievable. Irretrievability exists whether the historical reality sought results from a survey of traditional historical materials in an effort to recapture original understanding, or from a common-law effort to discover the Court's own history of an issue. In either case, however, the need to attempt to recover historical truths is perceived as essential. I subscribe, for the most part, to the contextualist premise that we cannot recover sufficient historical data on issues that matter to make history determinate in the …
Republicanism And The Preference Problem, Cass R. Sunstein
Republicanism And The Preference Problem, Cass R. Sunstein
Articles
No abstract provided.
Just Deserts For Juveniles: Punishment V. Treatment And The Difference It Makes, Barry Feld
Just Deserts For Juveniles: Punishment V. Treatment And The Difference It Makes, Barry Feld
Articles
No abstract provided.
Afterword To Chicago-Kent Law Review, Theodore J. St. Antoine
Afterword To Chicago-Kent Law Review, Theodore J. St. Antoine
Articles
A unifying theme of this Symposium is as old and enduring as the common law: when and how can a well-established, successful adjudicative institution be adapted to meet the demands of new and substantially different situations? There have been splendid triumphs of transference, such as Lord Mansfield's appropriation of the law merchant in the eighteenth century as a major building block of modem commercial law. There have also been embarrassing failures, like the abortive effort to transport American labor law concepts en masse into the alien British environment of the early 1970s. The common question confronting the participants in this …
Risk, Courts, And Agencies, Clayton P. Gillette, James E. Krier
Risk, Courts, And Agencies, Clayton P. Gillette, James E. Krier
Articles
Public risks are precisely the risks that have recently captured the attention of the legal community and the world at large, in no small part because they give rise to such novel problems for lawyers and such grave apprehensions among lay people. Public risks have moved the legal system to relax doctrines--regarding, for example, standards of causation and culpability, burdens of proof, sharing of liability--that were designed to deal with the private risks that once dominated the landscape. And public risks have moved lay people to intensify their demands for risk control measures. These developments suggest that public risks are …
Gideon V. Wainwright A Quarter-Century Later, Yale Kamisar
Gideon V. Wainwright A Quarter-Century Later, Yale Kamisar
Articles
In a brief working paper sent to all conference participants, Professor Burt Neuborne suggested that we might consider several themes, among them "Gideon Celebrated," "Gideon Fulfilled," and "Gideon Betrayed." I think these are useful headings.
Some Implications Of Cognitive Psychology For Risk Regulation, Roger G. Noll, James E. Krier
Some Implications Of Cognitive Psychology For Risk Regulation, Roger G. Noll, James E. Krier
Articles
Beginning with a set of books and articles published in the 1950s, cognitive psychologists have developed a new descriptive theory of how people make decisions under conditions of risk and uncertainty. A dominant theme in the theory is that most people do not evaluate risky circumstances in the manner assumed by conventional decision theory-they do not, that is, seek to maximize the expected value of some function when selecting among actions with uncertain outcomes. The purpose of this article is to consider some implications of the cognitive theory for regulatory policies designed to control risks to life, health, and the …
When A Story Is Just A Story: Does Voice Really Matter, Richard Delgado
When A Story Is Just A Story: Does Voice Really Matter, Richard Delgado
Articles
No abstract provided.
John Payne's Dream: A Brief History Of The University Of Alabama - School Of Law Library, 1887-1980, With Emphasis Upon Collection-Building, Paul M. Pruitt Jr., Penny Calhoun Gibson
John Payne's Dream: A Brief History Of The University Of Alabama - School Of Law Library, 1887-1980, With Emphasis Upon Collection-Building, Paul M. Pruitt Jr., Penny Calhoun Gibson
Articles
No abstract provided.
Presence/Absence Of An Observer In A Word Association Test, Morton Isaacs, Kathleen Chen
Presence/Absence Of An Observer In A Word Association Test, Morton Isaacs, Kathleen Chen
Articles
Forty-eight subjects (24 men, 24 women) responded to 20 word stimuli presented by a microcomputer program that recorded each subject's response latency and response to each stimulus word. Emotionality of stimulus word and presence/absence of an observer were independently varied. Two-way analysis of variance (ANOVA) showed significant difference in latencies attributable to the emotionality of the stimulus word, whereas neither the presence/absence of the observer nor the interaction effect was significant. The results suggest the possible use of latency analysis as a tool in situations where an objective, statistical, and easily obtainable evaluative measurement of the level of emotionality of …
Stalking The Squeeze: Understanding Commodities Market Manipulation, Richard D. Friedman
Stalking The Squeeze: Understanding Commodities Market Manipulation, Richard D. Friedman
Articles
This article addresses the perplexing and important problem of how to distinguish valid, large-scale trading activity from a squeeze. Part I analyzes and reformulates what I will call the price-impact test, according to which manipulation is conduct motivated by its impact on price. This test, I contend, states a necessary but not sufficient condition for characterizing conduct as a squeeze. Part II offers a substantially different test, which I call the modified-sanctions approach. Under this approach, the price-impact test is used as a preliminary safe-harbor standard. The modified-sanctions approach goes further, however, recognizing that the essence of a squeeze is …
Risk And Design, James E. Krier
Risk And Design, James E. Krier
Articles
Risk springs from uncertainty,' uncertainty invites error, and, since error can be costly, we would prefer to avoid it (provided, of course, that avoidance is not more costly yet). While there is much in the Noll and Krier article2 about judgmental error under conditions of risk and uncertainty, there is little about ways to avoid it. So avoidance-more accurately, minimization-of error costs is the topic I want to address very briefly and partially here.
Gender And Race Bias Against Lawyers: A Classroom Response, Suellyn Scarnecchia
Gender And Race Bias Against Lawyers: A Classroom Response, Suellyn Scarnecchia
Articles
In reviewing other clinicians' approaches to teaching about bias, I identified problems that eventually led me to design a two-hour class session on bias against lawyers. The following is a review of a few other teaching methods and a description of my own approach, detailing its own strengths and weaknesses. This is not an exhaustive review of all possible approaches to bias. It is offered to promote classroom discussion of bias against lawyers and to invite the development of innovative alternatives to my approach.