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Articles 11041 - 11070 of 20076
Full-Text Articles in Entire DC Network
Same-Sex Marriage And The Establishment Clause, Geoffrey R. Stone
Same-Sex Marriage And The Establishment Clause, Geoffrey R. Stone
Articles
No abstract provided.
Free Speech And National Security, Geoffrey R. Stone
The Modernizing Mission Of Judicial Review, David A. Strauss
The Modernizing Mission Of Judicial Review, David A. Strauss
Articles
Constitutional interpretation, as it is usually conceived, looks to the past-to an old text, to history, to precedent, to tradition-in an effort to limit political majorities But over the last generation or so, a different approach to the Constitution has emerged. That approach, which might be called modernization, tries to anticipate trends in public opinion instead of taking lessons from the past; and a modernizing court, instead of facing down popular majorities, yields when it finds out that it has misgauged public opinion. This modernizing approach has characterized the Supreme Court's recent work in many disparate areas, including, among others, …
Climate Change And Discounting The Future: A Guide For The Perplexed, David A. Weisbach, Cass R. Sunstein
Climate Change And Discounting The Future: A Guide For The Perplexed, David A. Weisbach, Cass R. Sunstein
Articles
No abstract provided.
Toward A New Approach To Disability Law, David A. Weisbach
Toward A New Approach To Disability Law, David A. Weisbach
Articles
This Article argues that a new approach to the laws governing disabilities is needed. Existing approaches, largely based on the "social model" of disabilities are unable to answer basic questions, such as the extent to which resources should be devoted to the disabled. The Article argues that basing disability policy directly on welfarist theories of distributive justice offers a better approach and begins the task of developing what such an approach would look like. Under a welfarist approach, policy toward the disabled depends on how a given disability affects the well-being of an individual. Under reasonable assumptions, redistribution toward individuals …
The Design Of A Carbon Tax, David A. Weisbach, Gilbert E. Metcalf
The Design Of A Carbon Tax, David A. Weisbach, Gilbert E. Metcalf
Articles
We consider the design of a tax on greenhouse gas emissions for the United States. We consider three major issues: the tax rate (including the use of the revenues and rate changes over time), the optimal tax base, and international trade concerns. We show that a well-designed carbon tax can capture about 80% of U.S. emissions by taxing only a few thousand taxpayers, and almost 90% with a modest additional cost. We recommend full or partial delegation of rate setting authority to an agency to ensure that rates reflect current information about the costs of carbon emissions and abatement. Adjustments …
The Changing Face Of Diversity Jurisdiction, Diane P. Wood
The Changing Face Of Diversity Jurisdiction, Diane P. Wood
Articles
No abstract provided.
Privatizing Democracy: Promoting Election Integrity Through Procurement Contracts, Jennifer Nou
Privatizing Democracy: Promoting Election Integrity Through Procurement Contracts, Jennifer Nou
Articles
Voting machine failures continue to plague American elections. These failures have fueled the growing sense that private machine manufacturers must be held accountable. This Note argues that, because legitimacy externalities and resource disparities across election jurisdictions pose persistent threats to electoral integrity, meaningful accountability will require greater federal oversight. This oversight must take into account the unique nature of the public-private partnership that defines this nation's system of election administration. This Note thus proposes an amendment to the Help America Vote Act of 2002, which would condition federal funds on state procurement contracts. These procurement contracts would mandate performance-based requirements …
Wonder Of It All, Gerald Rosenberg
Rethinking The Connection Between Developmental Science And Juvenile Justice, Emily Buss
Rethinking The Connection Between Developmental Science And Juvenile Justice, Emily Buss
Articles
No abstract provided.
The Going Private Phenomenon: Causes And Implications, Richard A. Epstein, M. Todd Henderson
The Going Private Phenomenon: Causes And Implications, Richard A. Epstein, M. Todd Henderson
Articles
No abstract provided.
Let Us Never Blame A Contract Breaker, Richard A. Posner
Let Us Never Blame A Contract Breaker, Richard A. Posner
Articles
Holmes famously proposed a "no fault" theory of contract law: a contract is an option to perform or pay, and a "breach" is therefore not a wrongful act, but merely triggers the duty to pay liquidated or other damages. I elaborate the Holmesian theory, arguing that fault terminology in contract law, such as "good faith," should be given pragmatic economic interpretations, rather than be conceived of in moral terms. I further argue that contract doctrines should normally be alterable only on the basis of empirical investigations.
Against Permititis: Why Voluntary Organizations Should Regulate The Use Of Cancer Drugs, Richard A. Epstein
Against Permititis: Why Voluntary Organizations Should Regulate The Use Of Cancer Drugs, Richard A. Epstein
Articles
No abstract provided.
The Disintegration Of Intellectual Property - A Classical Liberal Response To A Premature Obituary, Richard A. Epstein
The Disintegration Of Intellectual Property - A Classical Liberal Response To A Premature Obituary, Richard A. Epstein
Articles
This Article plays off the title of Thomas Grey's well-known article, The Disintegration of Property, which argued in part that the ceaseless consensual fragmentation and recombination of property rights revealed some inner incoherence of the underlying private property institutions. I take the opposite position and treat this supposed disintegration of private property as evidence of its robust nature, not only for land but for all forms of intellectual property. Low transaction costs facilitate the creation of efficient regimes of property rights. I use this framework to critique modern intellectual property rights cases that limit the use of injunctive relief in …
The Regulation Of Sovereign Wealth Funds: The Virtues Of Going Slow, Richard A. Epstein, Amanda M. Rose
The Regulation Of Sovereign Wealth Funds: The Virtues Of Going Slow, Richard A. Epstein, Amanda M. Rose
Articles
In this Article we argue against imposing any additional burdens on investments by SWFs in the United States; at least at present. In our view, at this point a policy of watchful waiting is preferable to any immediate effort to impose special restrictions on SWFs On the one hand, the nightmare scenarios painted by SWF critics often involve activities that would be caught by existing laws; either as they relate to national security or to various forms of business regulation under the securities and antitrust law. On the other hand, we do not possess perfect foresight and cannot say that …
Property Rights, State Of Nature Theory, And Environmental Protection, Richard A. Epstein
Property Rights, State Of Nature Theory, And Environmental Protection, Richard A. Epstein
Articles
No abstract provided.
Judicial Audiences And Reputation: Perspectives From Comparative Law, Tom Ginsburg, Nuno Garoupa
Judicial Audiences And Reputation: Perspectives From Comparative Law, Tom Ginsburg, Nuno Garoupa
Articles
Whether judges are motivated to make good law or maximize policy goals, they need to develop and maintain a good reputation with some audience. We distinguish internal and external audiences for individual judicial decision-making: internal audiences are those within the judiciary itself, while external audiences include lawyers, the media or the general public. Different legal systems emphasize different audiences: some rely on external audiences that encourage judges to invest in their individual reputations, while others emphasize internal audiences that facilitate the collective reputation of the judiciary as a whole. The article analyzes the interaction between internal and external audiences over …
Effects Of Liberalization On Litigation: Notes Toward A Theory In The Context Of Japan, Tom Ginsburg, Glenn Hoetker
Effects Of Liberalization On Litigation: Notes Toward A Theory In The Context Of Japan, Tom Ginsburg, Glenn Hoetker
Articles
This Essay examines the under-studied relationship between liberalization and litigation. Liberalization should lead to expanded civil litigation for four reasons: (1) new market entrants are less subject to informal sanctions and may have a greater propensity to go to court, (2) privatization transfers resources away from the state, expanding the number of transactions subject to civil law regimes, (3) liberalization reduces the government's ability to resolve disputes outside the courts; and (4) liberalization leads to economic development, which is generally litigation-enhancing. We test these propositions using a unique dataset of prefecture-level civil litigation data in Japan during the 1990s. Using …
The Nanny Corporation, M. Todd Henderson
The Nanny Corporation, M. Todd Henderson
Articles
Individuals in common pools-for example, employees in firms and citizens in a jurisdiction- want managers of those pools to act paternalistically toward others because this lowers the costs of participating in the pool. The nanny state and, increasingly, the nanny corporation are simply responding to this demand. These two can be thought of as competing in the "market for nannyism" to deliver nannyism to individuals who demand it. Where nannyism is inevitable, as it is in a world in which others pay, the question then becomes which of the two sources of nanny rules-the state or the firm-is the most …
One Hat Too Many - Investment Desegregation In Private Equity, M. Todd Henderson, William A. Birdthistle
One Hat Too Many - Investment Desegregation In Private Equity, M. Todd Henderson, William A. Birdthistle
Articles
The nature of private-equity investing has changed significantly as two dynamics have evolved in recent years: portfolio companies have begun to experience serious financial distress, and general partners have started to diversify and desegregate their investment strategies Both developments have led private-equity shops-once exclusively interested in acquiring equity positions through leveraged buyouts- to invest in other tranches of the investment spectrum, most particularly public debt. By investing now in both private equity and public debt of the same issuer, general partners are generating a host of new conflicts of interest between themselves and their limited partners, between multiple general partners …
The Civilizing Of Hurling In Ireland, Paddy Dolan, John Connolly
The Civilizing Of Hurling In Ireland, Paddy Dolan, John Connolly
Articles
This essay examines the sport of hurling in Ireland through the theoretical framework of sport and leisure developed by Elias and Dunning. Through an analysis of newspaper reports of games, of rulebooks and codes of play, as well as historical data on increasing social differentiation and integration, we argue that hurling has undergone sportization and civilizing processes. However, due to the unevenness of wider figurational shifts these processes have been non-linear and fragile. Gradually, we see increasing numbers of rules, as well as increasing severity of punishment for the breaking of specific rules relating to violent play. The level and …
The Entrepreneurial Motivations Of Nonemployer Entrepreneurs, Richard Demartino, Robert Barbato, Paul Jacques
The Entrepreneurial Motivations Of Nonemployer Entrepreneurs, Richard Demartino, Robert Barbato, Paul Jacques
Articles
No abstract provided.
Printed Document Authentication Using Texture Coding, Jonathan Blackledge, Khaled Mahmoud
Printed Document Authentication Using Texture Coding, Jonathan Blackledge, Khaled Mahmoud
Articles
The use of image based information exchange has grown rapidly over the years in terms of both e-to-e image storage and transmission and in terms of maintaining paper documents in electronic form. Further, with the dramatic improvements in the quality of COTS (Commercial-Off-The-Shelf) printing and scanning devices, the ability to counterfeit electronic and printed documents has become a widespread problem. Consequently, there has been an increasing demand to develop digital watermarking techniques which can be applied to both electronic and printed images (and documents) that can be authenticated, prevent unauthorized copying of their content and, in the case of printed …
Counting Triangles In Some Ramsey Graphs, Andrew Lin, John Mackey
Counting Triangles In Some Ramsey Graphs, Andrew Lin, John Mackey
Articles
We extend Goodman’s result on the cardinality of monochromatic triangles in a 2-colored complete graph to the case of bounding the number of triangles in the first color. We apply it to derive the upper bounds on some non-diagonal Ramsey numbers. In particular we show that R(K4 − e,K8) <= 45.
Single Block Attacks And Statistical Tests On Cubehash, Alan Kaminsky, Benjamin Bloom
Single Block Attacks And Statistical Tests On Cubehash, Alan Kaminsky, Benjamin Bloom
Articles
This paper describes a second preimage attack on the CubeHash cryptographic one-way hash function. The attack finds a second preimage in less time than brute force search for these CubeHash variants: CubeHash $r$/$b$-224 for $b > 100$; CubeHash$r$/$b$-256 for $b > 96$; CubeHash$r$/$b$-384 for $b > 80$; and CubeHash$r$/$b$-512 for $b > 64$. However, the attack does not break the CubeHash variants recommended for SHA-3. The attack requires minimal memory and can be performed in a massively parallel fashion. This paper also describes several statistical randomness tests on CubeHash. The tests were unable to disprove the hypothesis that CubeHash behaves as a random mapping. …
Personalization: Data-Driven Print And Internet Communications, Patricia Sorce
Personalization: Data-Driven Print And Internet Communications, Patricia Sorce
Articles
In the three years since the publication of the first edition of “Data-Driven Print,” the media world has continued to change. A tangible example of this change occurred in late 2006, when Time magazine announced their Person of the Year – YOU! This event recognized the growth of user-generated content and the enthusiasm of younger media users in having information “my way.” The growth of the media forms are primarily electronic, including social networking sites, music downloads to cell phones, file sharing, and text messaging. This growth in “new media” has left the mainstream media businesses that provided content—such as …
Alternative Approach For Teaching Multibody Dynamics, George Sutherland
Alternative Approach For Teaching Multibody Dynamics, George Sutherland
Articles
The paper presents an alternative method, the Implicit Constraint Approach (ICA), for developing the equations of motion to describe a system of connected bodies typified by mechanisms and robotic devices. By its simplicity of description and implementation compared to conventional methods, the ICA engages students more in the physics (rather than the mathematics) of the system under study. The ICA enables the direct formation of all needed equations by using only the dynamic equilibrium conditions (in the Newton or Lagrange form). Unlike current approaches, no auxiliary algebraic constraint equations are required. Thus the descriptive equations are ordinary differential equation (ODEs) …
Lessons For Nama From Valuation Practices, Thomas Power
Lessons For Nama From Valuation Practices, Thomas Power
Articles
By adopting accounting values and not economic value, auctioneers and valuers contribute to property market inefficiency. The reaction to this global financial and real asset meltdown is for tighter regulation. But the difficulties now being experienced in global asset markets are not new– it’s just that it is much bigger. The common denominator is accounting based valuations.
Minority Stress And Health: Implications For Lesbian, Gay, Bisexual, Transgender, And Questioning (Lgbtq) Young People, Cathy Kelleher
Minority Stress And Health: Implications For Lesbian, Gay, Bisexual, Transgender, And Questioning (Lgbtq) Young People, Cathy Kelleher
Articles
Historically, the pathologisation of LGBTQ orientations shaped research and professional practice, while the impact of stigma was not considered. Within a minority stress conceptualisation however, stigma-related prejudice and discrimination experienced by LGBTQ people constitute chronically stressful events that can lead to negative health outcomes. Minority stress has been linked to psychological distress among gay men and lesbians and may contribute to elevated rates of distress frequently observed among LGBTQ youth. This study explored the impact of minority stress on psychological distress among LGBTQ youth in Ireland. Measures assessing three components of minority stress (sexual identity distress, stigma consciousness, and heterosexist …
Civil Procedure In Idaho: An Examination Of Significant Differences Between The Rules Of Procedure Of The Idaho State And Federal Courts, Katie Ball
Articles
The University of Idaho College of Law celebrates its centennial this year. The rules of civil procedure do not have that lengthy a history, but they are still a critical part of current legal education and any civil practice. Civil practitioners choosing an Idaho forum have two court system options for many types of cases-the federal courts or the state courts. The goal of this article is to point out the significant differences in the state and federal civil procedural rules for Idaho practitioners. It is meant to particularly address those Idaho attorneys who have practiced primarily or exclusively in …