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Articles 11731 - 11760 of 20102
Full-Text Articles in Entire DC Network
Law's Materials, Kunal M. Parker
Competent Capital Representation: The Necessity Of Knowing And Heeding What Jurors Tell Us About Mitigation, John H. Blume, Sheri Lynn Johnson, Scott E. Sundby
Competent Capital Representation: The Necessity Of Knowing And Heeding What Jurors Tell Us About Mitigation, John H. Blume, Sheri Lynn Johnson, Scott E. Sundby
Articles
No abstract provided.
Dual-Frequency Dual-Sense Circularly-Polarized Slot Antenna Fed By Microstrip Line, Xiulong Bao, Max Ammann
Dual-Frequency Dual-Sense Circularly-Polarized Slot Antenna Fed By Microstrip Line, Xiulong Bao, Max Ammann
Articles
A new design of a dual-frequency dual circularly-polarized slot antenna is presented. The dual-frequency is achieved using a single-layer microstrip-fed configuration coupled to a modified annular-slot antenna. The dual sense circular-polarization is obtained by four unequal linear slots which augment the annular slot. Experimental results show the proposed antenna has good circular polarization characteristics for both right-hand circular polarization (RHCP) and left-hand circular polarization (LHCP). The 10 dB return loss impedance bandwidths for the lower (RHCP) and higher (LHCP) bands are 26.7% and 11.3%, respectively. The 3 dB axial-ratio bandwidths are 6.1% and 6.0% with respect to 1.5 GHz (RHCP) …
Does Red Lion Still Roar?, Cass R. Sunstein
Second Amendment Minimalism: Heller As Griswold The Supreme Court, 2007 Term:, Cass R. Sunstein
Second Amendment Minimalism: Heller As Griswold The Supreme Court, 2007 Term:, Cass R. Sunstein
Articles
No abstract provided.
Some Effects Of Moral Indignation On Law, Cass R. Sunstein
Some Effects Of Moral Indignation On Law, Cass R. Sunstein
Articles
No abstract provided.
Dead Hand Arguments And Constitutional Interpretation, Adam M. Samaha
Dead Hand Arguments And Constitutional Interpretation, Adam M. Samaha
Articles
This Article attempts to reset the relationship between theories of constitutional authority and methods of constitutional interpretation. Several scholars assert that our reasons for respecting the United States Constitution as law-despite its imperfection and dead authors-strongly influence the proper method of interpretation for that text. The "why" of authority supposedly drives the "how" of interpretation. But this relationship can be better understood. To the extent an authority theory is distinguishable from interpretive method, it is true that the former will identify what counts as law to be interpreted. Beyond that, the asserted relationship fades. First, some authority theories actually depend …
Judicial Transparency In An Age Of Prediction, Adam M. Samaha
Judicial Transparency In An Age Of Prediction, Adam M. Samaha
Articles
The Empirical Legal Studies (ELS) movement is making strides toward understanding judicial behavior, and ELS models could become the foundation for more accurate prediction of judicial decisions. This essay raises two questions. First, what would an age of predictable judicial behavior look like? Second, would satisfying the informational needs of ELS prediction models also exhaust the demands for 'judicial transparency"? The essay concludes that a state of predictable judicial behavior, if somehow stable, would leave almost no litigation to observe; and that a prediction-oriented information policy would nearly meet the demands of today's transparency advocates. One shortfall involves the intrinsic …
The Many Faces Of Fault In Contract Law: Or How To Do Economics Right, Without Really Trying, Richard A. Epstein
The Many Faces Of Fault In Contract Law: Or How To Do Economics Right, Without Really Trying, Richard A. Epstein
Articles
Modern law often rests on the assumption that a uniform cost-benefit formula is the proper way to determine fault in ordinary contract disputes. This Article disputes that vision by defending the view that different standards of fault are appropriate in different contexts. The central distinction is one that holds parties in gratuitous transactions only to the standard of care that they bring to their own affairs, while insisting on the higher objective standard of ordinary care in commercial transactions. That bifurcation leads to efficient searches. Persons who hold themselves out in particular lines of business in effect warrant their ability …
Demystifying The Right To Exclude: Of Property, Inviolability, And Automatic Injunctions, Shyam Balganesh
Demystifying The Right To Exclude: Of Property, Inviolability, And Automatic Injunctions, Shyam Balganesh
Articles
The right to exclude has long been considered a central component of property. In focusing on the element of exclusion, courts and scholars have paid little attention to what an owner's right to exclude means and the forms in which this right might manifest itself in actual property practice. For some time now, the right to exclude has come to be understood as nothing but an entitlement to injunctive relief- that whenever an owner successfully establishes title and an interference with the same, an injunction will automatically follow. Such a view attributes to the right a distinctively consequentialist meaning, which …
Soft Law: Lessons From Congressional Practice, Jacob Gersen, Eric A. Posner
Soft Law: Lessons From Congressional Practice, Jacob Gersen, Eric A. Posner
Articles
Soft law consists of rules issued by lawmaking bodies that do not comply with procedural formalities necessary to give the rules legal status yet nonetheless influence the behavior of other lawmaking bodies and of the public. Soft law has been much discussed in the literatures on international law, constitutional law, and administrative law, yet congressional soft-lawmaking, such as the congressional resolution, has received little attention. Congressional soft law affects behavior by informing the public and political institutions about the intentions and policy preferences of Congress, which are informative about future hard law as well as of Congress's view of the …
The Concept Of International Delegation, Curtis A. Bradley, Judith G. Kelley
The Concept Of International Delegation, Curtis A. Bradley, Judith G. Kelley
Articles
No abstract provided.
Terror And The Law, Curtis A. Bradley
Self-Execution And Treaty Duality, Curtis A. Bradley
Self-Execution And Treaty Duality, Curtis A. Bradley
Articles
Pursuant to Article II of the Constitution, the President has the power to make treaties with the advice and consent of two-thirds of the Senate, and these treaties uncontroversially become binding on the United States as a matter of international law. The status of such treaties within the U.S. legal system is less clear. The Supremacy Clause states that, along with the Constitution and laws of the United States, treaties made by the United States are part of the"supreme Law of the Land." At least since the Supreme Court's 1829 decision in Foster v Neilson, however, it has been understood …
Foreward, Curtis A. Bradley, Judith G. Kelley
Immigration Law's Organizing Principles, Adam B. Cox
Immigration Law's Organizing Principles, Adam B. Cox
Articles
Immigration law and scholarship are pervasively organized around the principle that rules for selecting immigrants are (and should be) fundamentally different from rules that regulate the lives of immigrants outside the selection context. Both courts and commentators generally conclude that the government should have considerably more leeway to adopt whatever selection rules it sees fit. Consequently, the selection/regulation dichotomy shapes the central debates in immigration law-including debates about the legality and legitimacy of guest worker programs, America's criminal deportation system, and restrictions on immigrant access to public benefits. This Article argues that this central organizing principle is misguided: legal rules …
Limiting Excessive Prison Sentences Under Federal And State Constitutions, Richard Frase
Limiting Excessive Prison Sentences Under Federal And State Constitutions, Richard Frase
Articles
No abstract provided.
Privatizing Labor Law: Neutrality/Card Check Agreements And The Role Of The Arbitrator, Laura Cooper
Privatizing Labor Law: Neutrality/Card Check Agreements And The Role Of The Arbitrator, Laura Cooper
Articles
No abstract provided.
Combating The Color-Coded Confinement Of Kids: An Equal Protection Remedy, Perry L. Moriearty
Combating The Color-Coded Confinement Of Kids: An Equal Protection Remedy, Perry L. Moriearty
Articles
This Article considers the viability of a constitutional challenge to the disproportionate confinement of juveniles of color – a phenomenon known as “disproportionate minority contact” or “DMC.” Specifically, I ask whether, in the wake of McCleskey v. Kemp and its progeny, it is possible bring an Equal Protection claim based on statistical evidence that juveniles of color are significantly more likely to be detained by juvenile court judges than similarly-situated white youth. I argue that the nature of the juvenile detention decision places it squarely within the contours of the types of administrative decisions for which the Supreme Court has …
Learning The Law By Avoiding It In The Process: And Learning From The Students What They Don't Get In Law School, Charles A. Cox Sr., Maury S. Landsman
Learning The Law By Avoiding It In The Process: And Learning From The Students What They Don't Get In Law School, Charles A. Cox Sr., Maury S. Landsman
Articles
And it was.' But it is also a seminar that is in its seventh year at the University of Minnesota Law School. It has been oversubscribed by as much as 300 per- cent. Students have described the course as "A must," "A course I will remember long afterIhaveforgottenmostofthesubstantivecourses,"and "Temendouslyhelpful,itshouldbe required." A student headed for Wall Street and no shrinking violet when finding problems with the course, said "Exposure to this kind of thinking moved me two years ahead as a lawyer."
Within The Grasp Of The Cat's Paw: Delineating The Scope Of Subordinate Bias Liability Under Federal Anti-Discrimination Statutes, Stephen F. Befort, Alison Olig
Within The Grasp Of The Cat's Paw: Delineating The Scope Of Subordinate Bias Liability Under Federal Anti-Discrimination Statutes, Stephen F. Befort, Alison Olig
Articles
Federal antidiscrimination statutes generally ban adverse employment actions taken because of certain specified traits or characteristics. Under the Civil Rights Act of 1964, Title VII, for example, an employer is prohibited from discriminating "because of" an individual's "race, color, religion, sex, or national origin." 1 The Age Discrimination in Employment Act of 1967 (ADEA) uses similar language in banning discrimination "against any individual ... because of such individual's age." 2 And, while the antidiscrimination formula utilized by the Americans with Disabilities Act of 1990 (ADA) is more complicated than either Title VII or the ADEA, it too prohibits discrimination "against …
Learning From The Limitations Of Deterrence Research, Michael Tonry
Learning From The Limitations Of Deterrence Research, Michael Tonry
Articles
No abstract provided.
The Malign Effects Of Drug And Crime Control Policies On Black Americans, Michael Tonry, Matthew Melewski
The Malign Effects Of Drug And Crime Control Policies On Black Americans, Michael Tonry, Matthew Melewski
Articles
No abstract provided.
Across Curricular Boundaries: Searching For A Confluence Between Marital Agreements And Indian Land Transactions, Judith T. Younger
Across Curricular Boundaries: Searching For A Confluence Between Marital Agreements And Indian Land Transactions, Judith T. Younger
Articles
No abstract provided.
Straight Acting, Dale Carpenter
Straight Acting, Dale Carpenter
Articles
Early in the race for the Democratic presidential nomination, one occasionally heard black critics of Barack Obama question his racial credentials. Was he really black? Was he black enough? These critics noted that Obama’s mother was white, that his father was born in Africa and thus had not lived through segregation and the American civil rights struggle, that he was light-skinned, that he talked like a white person, and enjoyed the sort of educational privileges more commonly enjoyed by whites than by blacks.1
Keynote Address: International Standard-Setting On The Human Rights Responsibilities Of Businesses, David Weissbrodt
Keynote Address: International Standard-Setting On The Human Rights Responsibilities Of Businesses, David Weissbrodt
Articles
It is a great honor to be invited to my alma mater to speak at this confer- ence highlighting the human rights responsibilities of transnational corporations and to be selected to receive this year's Stefan A. Riesenfeld Award for my con- tributions in the field of international law.
Remedies For Undocumented Noncitizens In The Workplace: Using International Law To Narrow The Holding Of Hoffman Plastic Compounds, Inc. V. Nlrb, David Weissbrodt
Remedies For Undocumented Noncitizens In The Workplace: Using International Law To Narrow The Holding Of Hoffman Plastic Compounds, Inc. V. Nlrb, David Weissbrodt
Articles
In Hoffman Plastic Compounds, Inc. v. NLRB, the U.S. Supreme Court denied the National Labor Relations Act (NLRA) back-pay claims of a worker wrongfully discharged for union organizing.1 The Supreme Court's 2002 decision reasoned that the worker should not be able to recover back pay under the NLRA because he was a noncitizen and not entitled to em- ployment. 2 The Inter-American Court of Human Rights and the International Labor Organization (ILO) Freedom of Association Committee have rejected the Hoffman decision and criticized the United States for its discrimination against noncitizens.3
Fair Trials? The Manual For Military Commissions In Light Of Common Article 3 And Other International Law, David Weissbrodt, Andrea W. Templeton
Fair Trials? The Manual For Military Commissions In Light Of Common Article 3 And Other International Law, David Weissbrodt, Andrea W. Templeton
Articles
The United States Department of Defense initiated military commissions as authorized by the Military Commissions Act ("MCA") of 2006 to try "unlawful enemy combatants" detained in the course of the War on Terror. 1 Enacted on October 17, 2006, the MCA's specific purpose is "to try alien unlawful enemy combatants engaged in hostilities against the United States for violations of the law of war and other offenses triable by military commission." 2 Congress passed the MCA as a renewed attempt at convening military commissions in response to the Supreme Court's ruling in Hamdan v. Rumsfeld, 3 where the Court held …
Foreclosure Reform Amid Mortgage Lending Turmoil: A Public Purpose Approach, Prentiss Cox
Foreclosure Reform Amid Mortgage Lending Turmoil: A Public Purpose Approach, Prentiss Cox
Articles
Irene Thomas was twenty-one years old when she met a man outside of a nightclub who convinced her that she could make money in real estate. 1 A mortgage broker and others used her credit rating to obtain ten residential properties within a ninety-day period with no money down. 2 Ms. Thomas incurred $ 2.4 million in mortgage debt for these home purchases. 3 Just over a year later, all the properties were in foreclosure after Ms. Thomas failed to make the mortgage payments. 4 The neighborhood on the north side of Minneapolis where these ten properties are located has …
A Slower Form Of Death: Implications Of Roper V. Simmons For Juveniles Sentenced To Life Without Parole, Barry C. Feld
A Slower Form Of Death: Implications Of Roper V. Simmons For Juveniles Sentenced To Life Without Parole, Barry C. Feld
Articles
The Supreme Court in Roper v. Simmons 1 interpreted the Eighth Amendment to prohibit states from executing offenders for crimes they committed when younger than eighteen years of age. The Court relied on objective indicators of "evolving standards of decency," such as state statutes and jury decisions to support its judgment that a national consensus existed against executing adolescents. The Justices also conducted an independent proportionality analysis of youths' criminal responsibility and concluded that their reduced culpability warranted a categorical prohibition of execution. Juveniles' immature judgment, susceptibility to negative peer influences, and transitory personality development diminished their criminal responsibility. Because …