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Articles 10321 - 10350 of 19935
Full-Text Articles in Entire DC Network
Some Realism About Judges: A Reply To Edwards And Livermore, Richard A. Posner
Some Realism About Judges: A Reply To Edwards And Livermore, Richard A. Posner
Articles
No abstract provided.
A Lot To Ask (Reviewing Martha Nussbaum, From Disgust To Humanity: Sexual Orientation And Constitutional Law (2010)), Mary Anne Case
A Lot To Ask (Reviewing Martha Nussbaum, From Disgust To Humanity: Sexual Orientation And Constitutional Law (2010)), Mary Anne Case
Articles
No abstract provided.
Bankruptcy And Restructuring Of Financial Institutions (Discussion Remarks), Edward Morrison
Bankruptcy And Restructuring Of Financial Institutions (Discussion Remarks), Edward Morrison
Articles
No abstract provided.
Kafka: The Writer As Lawyer (Reviewing Stanley Corngold, Jack Greenberg & Benno Wagner, Eds., Franz Kafka: The Office Writings (2009)), Richard A. Posner
Kafka: The Writer As Lawyer (Reviewing Stanley Corngold, Jack Greenberg & Benno Wagner, Eds., Franz Kafka: The Office Writings (2009)), Richard A. Posner
Articles
No abstract provided.
Reassessing The State And Local Government Toolkit: Introduction, Julie Roin, Lee Anne Fennell, Richard A. Epstein
Reassessing The State And Local Government Toolkit: Introduction, Julie Roin, Lee Anne Fennell, Richard A. Epstein
Articles
No abstract provided.
Carbon Dioxide: Our Newest Pollutant, Richard A. Epstein
Carbon Dioxide: Our Newest Pollutant, Richard A. Epstein
Articles
No abstract provided.
Bleak Prospects: How Health Care Reform Has Failed In The United States, Richard A. Epstein
Bleak Prospects: How Health Care Reform Has Failed In The United States, Richard A. Epstein
Articles
This Article examines the probable fate that awaits the systematic implementation of ObamaCare. Any effort to pile a massive new transfer and entitlement program on top of a hundred years of previous reforms is likely to fall prey to the law of diminishing marginal utility of additional forms of government intervention. That consequence is all the more likely for legislation that has strong redistributivist objectives but which lacks any techniques for dealing with the massive costs increases embedded in the program. A recent history of the Massachusetts health care initiative provides some indication of the inability to constrain costs except …
Executive Power In Political And Corporate Contexts, Richard A. Epstein
Executive Power In Political And Corporate Contexts, Richard A. Epstein
Articles
No abstract provided.
Modeling The Effects Of Peremptory Challenges On Jury Selection And Jury Verdicts, Roger Ford
Modeling The Effects Of Peremptory Challenges On Jury Selection And Jury Verdicts, Roger Ford
Articles
No abstract provided.
The Arbitrator As Agent: Why Deferential Review Is Not Always Pro-Arbitration, Tom Ginsburg
The Arbitrator As Agent: Why Deferential Review Is Not Always Pro-Arbitration, Tom Ginsburg
Articles
No abstract provided.
Eastphalia And Asian Regionalism, Tom Ginsburg
Latin American Presidentialism In Comparative And Historical Perspective, Tom Ginsburg, Jose Antonio Cheibub, Zachary Elkins
Latin American Presidentialism In Comparative And Historical Perspective, Tom Ginsburg, Jose Antonio Cheibub, Zachary Elkins
Articles
No abstract provided.
Justifying Jones, M. Todd Henderson
Easterbrook On Academic Freedom, Aziz Huq
Predicting Crime, M. Todd Henderson, Justin Wolfers, Eric Zitzewitz
Predicting Crime, M. Todd Henderson, Justin Wolfers, Eric Zitzewitz
Articles
Prediction markets have been proposed for a variety of public policy purposes, but no one has considered their application in perhaps the most obvious policy area.: crime. This Article proposes and examines the use of prediction markets to forecast crime rates and the potential impact on crime policy, such as changes in resource allocation, policing strategies, sentencing, post-conviction treatment, and so on. First, we argue that prediction markets are especially useful in crime rate forecasting and criminal policy analysis because information relevant to decisionmakers is voluminous, dispersed, and difficult to process efficiently. After surveying the current forecasting practices and techniques, …
Modeling Terrorist Radicalization The New Face Of Discrimination: Muslim In America, Aziz Huq
Modeling Terrorist Radicalization The New Face Of Discrimination: Muslim In America, Aziz Huq
Articles
No abstract provided.
Lincoln The Dictator, Dennis J. Hutchinson
Temporal Imperialism, Alison Lacroix
Temporal Imperialism, Alison Lacroix
Articles
Issues of time and temporality pervade American constitutional adjudication, at both a doctrinal and a broader, structural level. The doctrinal issue concerns the extent to which judicial decisions operate forward, backward, or some combination of both across time. The structural issue concerns the related and overarching question of how the Supreme Court, as a court, operates in time, and the temporal division of authority between courts and legislatures. In both contexts, the Supreme Court is an actor in time. This Article examines the Court's treatment of temporal issues through three case studies: (1) a pair of early decisions in which …
Foundations Of Religious Liberty: Toleration Or Respect?, Brian Leiter
Foundations Of Religious Liberty: Toleration Or Respect?, Brian Leiter
Articles
No abstract provided.
Ambiguous Statutes, Saul Levmore
Booker Reconsidered, Jonathan Masur
The Same, But Different: Salary Scales, Progression Arrangements And Duties In Institutes Of Technology (Iots) And Universities, Kevin Lalor
Articles
No abstract provided.
The Civilizing And Sportization Of Gaelic Football In Ireland: 1884–2009, John Connolly, Paddy Dolan
The Civilizing And Sportization Of Gaelic Football In Ireland: 1884–2009, John Connolly, Paddy Dolan
Articles
Over the course of the last 125 years the sport of Gaelic football in Ireland has undergone a sportization and civilizing process as the rules governing the sport became stricter and players developed greater levels of self-control. However, the civilizing of Gaelic football was a particularly fragile and uneven process. The growing social desire to diminish displays of violence was moderated by ambivalence towards violence. Gradually the external social controls on players increased and, greater and more stable levels of internalization occurred reflected by more advanced levels of player self-restraint in the control of violence. At the same time the …
Fixing Ram Copies, Aaron Perzanowski
Fixing Ram Copies, Aaron Perzanowski
Articles
Scholars, litigants, and courts have debated the status of so-called “RAM copies” - instantiations of copyrighted works in the random access memory of computing devices - for decades. The Second Circuit’s decision in Cartoon Network v. CSC Holdings has recently reignited the controversy over these putative copies. There the court held that CSC did not create copies within the meaning of the Copyright Act when it buffered fleeting segments of television programs. In many respects, the Second Circuit’s holding is a straightforward application of the Act’s nested definitions of “copies” and “fixed.” But because the court declined to apply the …
Public Interest(S) And Fourth Amendment Enforcement, Alexander A. Reinert
Public Interest(S) And Fourth Amendment Enforcement, Alexander A. Reinert
Articles
Fourth Amendment events generate substantial controversy among the public and in the legal community. Yet there is orthodoxy to Fourth Amendment thinking, reflected in the near universal assumption by courts and commentators alike that the amendment creates only tension between privately held individual liberties and public-regarding interests in law enforcement and security. On this account, courts are faced with a clear choice when mediating Fourth Amendment conflicts: side with the individual by declaring a particular intrusion to be in violation of the Constitution or side with the public by permitting the intrusion. Scholarly literature and court decisions are accordingly littered …
National Security And The Shadows Of Judicial "Common Sense", Alexander A. Reinert
National Security And The Shadows Of Judicial "Common Sense", Alexander A. Reinert
Articles
The article critiques Peter Margulies's analysis of cognitive biases in judicial decision-making within national-security cases, particularly his proposed evidentiary presumption to address these biases. While acknowledging Margulies's contribution to the discussion, the article argues that his characterization of cases and proposed solution may oversimplify the complexities of judicial deference and interventionism. It suggests that the central issue in these cases is not excessive deference or interventionism but rather the government's resistance to transparency and the disclosure of sensitive information. The article advocates for a more nuanced approach, emphasizing managed discovery processes to balance national-security concerns with constitutional rights.
Time Varying Risk Aversion: An Application To Energy Hedging, Jim Hanly, John Cotter
Time Varying Risk Aversion: An Application To Energy Hedging, Jim Hanly, John Cotter
Articles
Risk aversion is a key element of utility maximizing hedge strategies; however, it has typically been assigned an arbitrary value in the literature. This paper instead applies a GARCH-in-Mean (GARCH-M) model to estimate a time-varying measure of risk aversion that is based on the observed risk preferences of energy hedging market participants. The resulting estimates are applied to derive explicit risk aversion based optimal hedge strategies for both short and long hedgers. Out-of-sample results are also presented based on a unique approach that allows us to forecast risk aversion, thereby estimating hedge strategies that address the potential future needs of …
Student Workers: The Untapped Resource For Library Professions, Charlene Maxey-Harris, Jeanne G. Cross, Thomas Mcfarland
Student Workers: The Untapped Resource For Library Professions, Charlene Maxey-Harris, Jeanne G. Cross, Thomas Mcfarland
Articles
For years libraries have hired hundreds of student workers to maintain crucial functions in the library. Without student workers, libraries cannot provide essential services to the university community. Yet limited research exists on how libraries have developed professional career tracks for student workers and library staff. Investigators from the University of Nebraska-Lincoln and Southern Illinois University Carbondale developed a survey to determine what portion of library employees started as student workers and to what extent there is career mobility within academic libraries. Librarians and staff were surveyed and participated in focus groups to share stories about their start in libraries. …
Unions And Labor Archives, Pamela S. Hackbart-Dean
Unions And Labor Archives, Pamela S. Hackbart-Dean
Articles
"Unions and Labor Archives" identifies the overlapping roles and the development of good and trusting relationships with unions that is vital to building strong labor collections. While the needs of both the unions and the repository are many, one of the most significant is demonstrating that the proper care of union records will provide a "historical memory" of union actions that can not only preserve the evidence of past decisions, but inform present and future efforts as well. This article provides practical suggestions, as well as how several important repositories and unions have worked together to document working class culture …
Energy Independence: Challenges Facing The West In Adopting Alternative And Renewable Energy Sources, Barbara Cosens
Energy Independence: Challenges Facing The West In Adopting Alternative And Renewable Energy Sources, Barbara Cosens
Articles
No abstract provided.