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Articles 301 - 330 of 360
Full-Text Articles in Entire DC Network
A Tribute To Justice William J. Brennan, Jr., Richard A. Posner
A Tribute To Justice William J. Brennan, Jr., Richard A. Posner
Articles
No abstract provided.
Law And Economics Is Moral, Richard A. Posner
The United States-Dakota War Trials: A Study In Military Injustice, Carol Chomsky
The United States-Dakota War Trials: A Study In Military Injustice, Carol Chomsky
Articles
Between September 28 and November 3, 1862, in southwestern Minnesota, nearly four hundred Dakota 1 men were tried for murder, rape, and robbery. All but seventy were convicted, and 303 of these were condemned to die. 2 After an official review of the trials, the sentences of thirty-eight were confirmed and, on December 26, 1862, these thirty-eight were hanged in Mankato, Minnesota, in the largest mass execution in American history. On November 11, 1865, after three additional trials, two more Dakota followed them to the gallows.
Norms And Normal Science: Toward A Critique Of Normativity In Legal Thought, Richard Delgado
Norms And Normal Science: Toward A Critique Of Normativity In Legal Thought, Richard Delgado
Articles
No abstract provided.
Israel And The Palestinians, Gidon A. G. Gottlieb
Reaction To Terrorism: A Jewish Law Caveat, J. David Bleich
Reaction To Terrorism: A Jewish Law Caveat, J. David Bleich
Articles
No abstract provided.
Discovery As Abuse, Frank H. Easterbrook
Rent Control Revisited: One Reply To Seven Critics, Richard A. Epstein
Rent Control Revisited: One Reply To Seven Critics, Richard A. Epstein
Articles
No abstract provided.
Terrorism On The High Seas: The Achille Lauro, Piracy And The Imo Convention On Maritime Safety, Malvina Halberstam
Terrorism On The High Seas: The Achille Lauro, Piracy And The Imo Convention On Maritime Safety, Malvina Halberstam
Articles
No abstract provided.
Strategic Delays And Fiduciary Duties, Saul Levmore
The Right To Life During Armed Conflict: Disabled Peoples' International V. United States, David Weissbrodt, Beth Andrus
The Right To Life During Armed Conflict: Disabled Peoples' International V. United States, David Weissbrodt, Beth Andrus
Articles
Because of persecution, civil war, and economic despair, millions of people flee from their homes and go to live in other countries where they can stabilize their lives and find a safe place for themselves and their families. In 1998, the United Nations High Commissioner for Refugees estimated the number of people fleeing their home countries to exceed 22 million. 1 The right to seek and enjoy asylum is a well established principle in international law. 2 It has, however, been interpreted consistently as the right of the sovereign state to grant or deny asylum to those within its territory, …
Comment On 'After The Imperial Presidency', Philip B. Kurland
Comment On 'After The Imperial Presidency', Philip B. Kurland
Articles
No abstract provided.
Constitutionalism After The New Deal, Cass R. Sunstein
Constitutionalism After The New Deal, Cass R. Sunstein
Articles
In recent years, the failure of administrative agencies to implement congressional programs faithfully and effectively has called into question the wisdom of the central institutional innovations of the New Deal: the expansion of the regulatory state and the shift in power from the states to the federal government. In this Article, Professor Sunstein challenges the New Deal more fundamentally, examining not only the institutional changes themselves, but also the shift in constitutional commitments that underlay those reforms. Professor Sunstein identifies three aspects of New Deal constitutionalism: the rejection of the original constitutional commitment to checks and balances in favor of …
The Beard Thesis And Franklin Roosevelt, Cass R. Sunstein
The Beard Thesis And Franklin Roosevelt, Cass R. Sunstein
Articles
No abstract provided.
Comment On Schlesinger, The Constitution And Presidential Leadership, Philip B. Kurland
Comment On Schlesinger, The Constitution And Presidential Leadership, Philip B. Kurland
Articles
No abstract provided.
The Antinomies Of Poverty Law And A Theory Of Dialogic Empowerment, Anthony V. Alfieri
The Antinomies Of Poverty Law And A Theory Of Dialogic Empowerment, Anthony V. Alfieri
Articles
No abstract provided.
Ocean Incineration Of Hazardous Waste Symposium: Toxic Waste: Corporate And Government Responsibility, William L. Andreen
Ocean Incineration Of Hazardous Waste Symposium: Toxic Waste: Corporate And Government Responsibility, William L. Andreen
Articles
No abstract provided.
Integrity And Circumspection: The Labor Law Vision Of Bernard D. Meltzer, Theodore J. St. Antoine
Integrity And Circumspection: The Labor Law Vision Of Bernard D. Meltzer, Theodore J. St. Antoine
Articles
Bernard Meltzer has testified under oath that he "rarely take[s] absolute positions." The record bears him out. While his colleagues among labor law scholars often strain to demonstrate that the labor relations statutes and even the Constitution support their hearts' desires, the typical Meltzer stance is one of cool detachment, pragmatic assessment, and cautious, balanced judgment. The "itch to do good," Meltzer has remarked wryly, "is a doubtful basis for jurisdiction" -or, he would likely add, for any other legal conclusion. In this brief commentary I propose to examine the Meltzer approach to four broad areas of labor law: (1) …
Failed Pragmatism: Reflections On The Burger Court Commentaries, Albert W. Alschuler
Failed Pragmatism: Reflections On The Burger Court Commentaries, Albert W. Alschuler
Articles
No abstract provided.
Why Be Tolerant? (Reviewing Lee C. Bollinger, The Tolerant Society: Freedom Of Speech And Extremist Speech In America (1986)), David A. Strauss
Why Be Tolerant? (Reviewing Lee C. Bollinger, The Tolerant Society: Freedom Of Speech And Extremist Speech In America (1986)), David A. Strauss
Articles
No abstract provided.
The Origins Of The Religion Clauses Of The Constitution, Philip B. Kurland
The Origins Of The Religion Clauses Of The Constitution, Philip B. Kurland
Articles
No abstract provided.
Terrorism, Malvina Halberstam
Gift, Sale, Payment, Raid: Case Studies In The Negotiation And Classification Of Exchange In Medieval Iceland, William I. Miller
Gift, Sale, Payment, Raid: Case Studies In The Negotiation And Classification Of Exchange In Medieval Iceland, William I. Miller
Articles
Near the end of Eyrbyggja saga Porir asks Ospak and his men where they had gotten the goods they were carrying. Ospak said that they had gotten them at Pambardal. "How did you come by them?" said Porir. Ospak answered, "They were not given, they were not paid to me, nor were they sold either." Ospak had earlier that evening raided the house of a farmer called Alf and made away with enough to burden four horses. And this was exactly what he told Porir when he wittily eliminated the other modes of transfer by which he could have acquired …
Authorization Cards And Union Representation Election Outcome: An Empirical Assessment Of The Assumption Underlying The Supreme Court's Gissel Decision, Laura J. Cooper
Authorization Cards And Union Representation Election Outcome: An Empirical Assessment Of The Assumption Underlying The Supreme Court's Gissel Decision, Laura J. Cooper
Articles
The National Labor Relations Act created the National Labor Re- lations Board (NLRB) and vested the Board with two principal respon- sibilities. First, the NLRB is responsible for conducting secret ballot elections among employees to ascertain whether they desire a collective bargaining representative.' Second, the NLRB is responsible for reme- dying unfair labor practices.2 These dual responsibilities, protection of employee free choice and remediation of unfair labor practices, may conflict when the Board is asked to provide a remedy for unfair labor practices that occur during the course of a union representation elec- tion campaign. The Board has been concerned …
The Regime Of Warships Under The United Nations Convention On The Law Of The Sea, Bernard H. Oxman
The Regime Of Warships Under The United Nations Convention On The Law Of The Sea, Bernard H. Oxman
Articles
No abstract provided.
The Language Of The Arms Race: Should The People Limit Government Speech, Richard Delgado
The Language Of The Arms Race: Should The People Limit Government Speech, Richard Delgado
Articles
No abstract provided.
Legal Barriers To Worker Participation In Management Decision Making, Theodore J. St. Antoine
Legal Barriers To Worker Participation In Management Decision Making, Theodore J. St. Antoine
Articles
Collective bargaining lies at the heart of the union-management relationship. It is the end and purpose of the whole effort to protect employees against reprisals when they form an organization to represent them in dealing with their employers. Collective bargaining is grounded in the belief that industrial strife will be checked, and the workers' lot bettered, if workers are given an effective voice in determining the conditions of their employment. My thesis is that federal law, even while placing the force of government behind collective bargaining, has so artificially confined its scope that the process has been seriously impeded from …
Interstate Exploitation And Judicial Intervention, Saul Levmore
Interstate Exploitation And Judicial Intervention, Saul Levmore
Articles
No abstract provided.
The Meaning Of Judicial Self-Restraint, Richard A. Posner
The Meaning Of Judicial Self-Restraint, Richard A. Posner
Articles
No abstract provided.
Public Employee Strikes, Executive Discretion, And The Air Traffic Controllers, Cass R. Sunstein, Bernard D. Meltzer
Public Employee Strikes, Executive Discretion, And The Air Traffic Controllers, Cass R. Sunstein, Bernard D. Meltzer
Articles
No abstract provided.