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Articles 13741 - 13770 of 20106
Full-Text Articles in Entire DC Network
The Property Clause: As If Biodiversity Mattered, Dale Goble
The Property Clause: As If Biodiversity Mattered, Dale Goble
Articles
No abstract provided.
Parents Know Best: Revising Our Approach To Parental Custody Agreements, Linda Jellum
Parents Know Best: Revising Our Approach To Parental Custody Agreements, Linda Jellum
Articles
Historically, parents have not been able to determine custody of their children prior to marriage in the form of a prenuptial agreement. Although parents are able to enter into such agreements, courts normally have a great deal of latitude in ignoring these agreements. A majority of states merely consider the agreement as one factor in determining what is in the child's best interest, while the majority of the rest presume the agreement is in the best interest of the child unless the judge finds otherwise. Only two states defer to the parental agreement unless it would be harmful to the …
To Discountenance The Haughty And The Lawless: The Ethics Of Dealing With Bad Clients, Donald L. Burnett Jr.
To Discountenance The Haughty And The Lawless: The Ethics Of Dealing With Bad Clients, Donald L. Burnett Jr.
Articles
No abstract provided.
The Effect Of The University Of Michigan Cases On Affirmative Action In Employment: Proceedings Of The 2004 Annual Meeting, Association Of American Law Schools, Section On Employment Discrimination Law, Labor Relations And Employment Law, And Minority Groups, Monique C. Lillard
Articles
No abstract provided.
Virtual Worlds, Real Rules, Caroline Bradley, A. Michael Froomkin
Virtual Worlds, Real Rules, Caroline Bradley, A. Michael Froomkin
Articles
No abstract provided.
An Empirical Analysis Of The Patent Court, Richard A. Posner, William M. Landes
An Empirical Analysis Of The Patent Court, Richard A. Posner, William M. Landes
Articles
No abstract provided.
Administrative Law Goes To War, Cass R. Sunstein
Relative Burdens: Family Ties And The Safety Net, Lee Anne Fennell
Relative Burdens: Family Ties And The Safety Net, Lee Anne Fennell
Articles
No abstract provided.
Citizenship, Standing, And Immigration Law, Adam B. Cox
Citizenship, Standing, And Immigration Law, Adam B. Cox
Articles
Courts and commentators typically evaluate constitutional immigration law from the perspective of aliens. But that approach pays insufficient attention to the ways immigration law affects the interests and rights of citizens. In particular, an alien-centered approach fails to consider the central role immigration law plays in national self-definition and, consequently, ignores the possibility that immigration law may injure citizens by defining the national political community in constitutionally impermissible ways. Considering federal immigration law from the perspective of citizens, this Article demonstrates that immigration policy, which contemporary constitutional doctrine largely insulates from attack, should not be immune to challenges by citizens. …
Should The Rules Of Marital Property Be Normative?, Carolyn J. Frantz
Should The Rules Of Marital Property Be Normative?, Carolyn J. Frantz
Articles
No abstract provided.
Mutual Assent Versus Gradual Ascent: The Debate Over The Right To Retract, Omri Ben-Shahar
Mutual Assent Versus Gradual Ascent: The Debate Over The Right To Retract, Omri Ben-Shahar
Articles
No abstract provided.
Justice Jackson: A Law Clerk's Recollections A Tribute To Justice Robert H. Jackson, Phil C. Neal
Justice Jackson: A Law Clerk's Recollections A Tribute To Justice Robert H. Jackson, Phil C. Neal
Articles
No abstract provided.
Executive Power Essentialism And Foreign Affairs, Curtis A. Bradley, Martin S. Flaherty
Executive Power Essentialism And Foreign Affairs, Curtis A. Bradley, Martin S. Flaherty
Articles
Conflict abroad almost always enhances executive power at home. This expectation has held true at least since the constitutions of antiquity.1 It holds no less true for modern constitutions, including the Constitution of the United States.2 Constitutional arguments for executive power likewise escalate with increased perceptions of foreign threat. It is therefore hardly surprising that broad assertions of presidential power have become commonplace after the events of September 11, 2001, and the ensuing war on international terrorism.
One perennial weapon in the executive arsenal is the so-called "Vesting Clause" of Article II of the Constitution. This clause, which …
Torsion-Free Weakly Transitive Abelian Groups, Brendan Goldsmith, Lutz Strungmann
Torsion-Free Weakly Transitive Abelian Groups, Brendan Goldsmith, Lutz Strungmann
Articles
We introduce the notion of weak transitivity for torsion-free abelian groups. A torsion-free abelian group G is called weakly transitive if for any pair of elements x, y ∈ G and endomorphisms ϕ, ψ ∈ End(G) such that xϕ = y, yψ = x, there exists an automorphism of G mapping x onto y. It is shown that every suitable ring can be realized as the endomorphism ring of a weakly transitive torsion-free abelian group, and we characterize up to a number-theoretical property the separable weakly transitive torsion-free abelian groups.
War Fever, Geoffrey R. Stone
The Digital Video Recorder: Unbundling Advertising And Content, Randal C. Picker
The Digital Video Recorder: Unbundling Advertising And Content, Randal C. Picker
Articles
No abstract provided.
Allocating Developmental Control Among Parent, Child And The State, Emily Buss
Allocating Developmental Control Among Parent, Child And The State, Emily Buss
Articles
No abstract provided.
The Speech-Enhancing Effect Of Internet Regulation, Emily Buss
The Speech-Enhancing Effect Of Internet Regulation, Emily Buss
Articles
No abstract provided.
A Positive Right To Protection For Children, Tamar Ezer
A Positive Right To Protection For Children, Tamar Ezer
Articles
Concepts that are useful in other areas of human rights break down in the context of children. Because children are dependent on adults for their development, they are an anomaly in the liberal legal order, which views negative rights as implying fully rational, autonomous individuals that can exercise free choice. This Article argues for a positive right to protection for children, rooted in dignity, by probing the problematic nature of the positive/negative rights duality and exploring alternate legal approaches to protecting children 's rights in both international and comparative law. The adoption of positive rights for children would help assure …
Changing Channels And Bridging Divides: The Failure And Redemption Of American Broadcast Television Regulation, Anthony E. Varona
Changing Channels And Bridging Divides: The Failure And Redemption Of American Broadcast Television Regulation, Anthony E. Varona
Articles
No abstract provided.
Deliberative Democracy: An Empirical Note, Richard A. Posner
Deliberative Democracy: An Empirical Note, Richard A. Posner
Articles
No abstract provided.
Black On Brown 50 Years Of Brown V. Board Of Education:, Cass R. Sunstein
Black On Brown 50 Years Of Brown V. Board Of Education:, Cass R. Sunstein
Articles
No abstract provided.
Contracting Communities, Lee Anne Fennell
Contracting Communities, Lee Anne Fennell
Articles
Private residential developments governed by homeowners associations have rapidly proliferated in recent decades. The servitudes that form the backbone of these private developments are usually viewed as autonomy- and value-enhancing private contractual arrangements that are presumptively valid. Unfortunately, the appealing contractual justification for private land use regimes seems to have shut down many of the usual paths of inquiry into the ability of the resulting arrangements to deliver on consumer preferences. In this article, Professor Fennell seeks to bring the theory surrounding these developments up to speed by focusing on factors that can drive a wedge between homeowner preferences and …
Hail Yale Tribute: Yale Kamisar, Albert Alschuler
Secured Lending And Its Uncertain Future, Douglas G. Baird
Secured Lending And Its Uncertain Future, Douglas G. Baird
Articles
No abstract provided.
Remembering Pine Gate, Douglas G. Baird
'Agreeing To Disagree': Filling Gaps In Deliberately Incomplete Contracts, Omri Ben-Shahar
'Agreeing To Disagree': Filling Gaps In Deliberately Incomplete Contracts, Omri Ben-Shahar
Articles
No abstract provided.
Foreword To Freedom From Contract Symposium, Omri Ben-Shahar
Foreword To Freedom From Contract Symposium, Omri Ben-Shahar
Articles
No abstract provided.
Contracts Without Consent: Exploring A New Basis For Contractual Liability, Omri Ben-Shahar
Contracts Without Consent: Exploring A New Basis For Contractual Liability, Omri Ben-Shahar
Articles
This Essay explores an alternative to one of the pillars of contract law, that obligations arise only when there is "mutual assent "--when the parties reach consensus over the terms of the transaction. It explores a principle of "no-retraction," under which each party is obligated to terms it manifested and can retract only with some liability. In contrast to the all-or-nothing nature of the mutual assent regime, where preliminary forms of consent are either full-blown contracts or create no obligation, under the no-retraction regime, obligations emerge gradually, as the positions of the negotiating parties draw closer. Further, the no-retraction liability …
Radical Change Through Conventional Means, Emily Buss