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Articles 13861 - 13890 of 20106
Full-Text Articles in Entire DC Network
The Case Against Black Reparations, Richard A. Epstein
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. …
Partisan Fairness And Redistricting Politics, Adam B. Cox
Partisan Fairness And Redistricting Politics, Adam B. Cox
Articles
Courts and scholars have operated on the implicit assumption that the Supreme Court's "one person, one vote" jurisprudence put redistricting politics on a fixed, ten-year cycle. Recent redistricting controversies in Colorado, Texas, and elsewhere, however, have undermined this assumption, highlighting the fact that most states are currently free to redraw election districts as often as they like. This essay explores whether partisan fairness-a normative commitment that both scholars and the Supreme Court have identified as a central concern of districting arrangements- would be promoted by a procedural rule limiting the frequency of redistricting. While the literature has not considered this …
Let's Not "Spit The Bit" In Defense Of "The Law Of The Horse": The Historical And Legal Development Of American Thoroughbred Racing, Joan Howland
Articles
No abstract provided.
Researching Labor Arbitration And Alternative Dispute Resolution In Employment, Employee Advocate: A Publication Of The National Employment Lawyers Association, Laura Cooper, Suzanne Thorpe
Researching Labor Arbitration And Alternative Dispute Resolution In Employment, Employee Advocate: A Publication Of The National Employment Lawyers Association, Laura Cooper, Suzanne Thorpe
Articles
No abstract provided.
The Public And Private Ordering Of Marriage, Brian Bix
The Canon Of Family Law, Jill Elaine Hasday
Moral Judgment Of Law Students Across Three Years: Influences Of Gender, Political Ideology And Interest In Altruistic Law Practice, Maury Landsman, Steven P. Mcneel
Moral Judgment Of Law Students Across Three Years: Influences Of Gender, Political Ideology And Interest In Altruistic Law Practice, Maury Landsman, Steven P. Mcneel
Articles
Jokes and negative stereotypes about lawyers abound, suggesting low levels of honesty and morality. One commentator has suggested a reason for this: The joke rings true to a lot of people because of what many lawyers in this country - including many at the top of the profession - do for their clients: bend, distort, conceal, cover up, obfuscate, or misrepresent the facts, in ways that are simultaneously (1) regarded by ordinary people as just plain dishonest, and (2) defended by many lawyers and legal experts as embodying the finest traditions of the bar and of legal ethics in our …
Varieties Of Youth Justice, Anthony Doob, Michael Tonry
Varieties Of Youth Justice, Anthony Doob, Michael Tonry
Articles
No abstract provided.
The Wrong Way To Equality: Privileging Consent In The Trafficking Of Women For Sexual Exploitation, Beverly Balos
The Wrong Way To Equality: Privileging Consent In The Trafficking Of Women For Sexual Exploitation, Beverly Balos
Articles
Chamoli lived near the birthplace of the Buddha in Nepal. When she was 16, she met a young man and fell in love with him. He promised to marry her but insisted that she come away with him to India. So one day she ran away with the boyfriend and crossed the border to India on foot. From there she and her boyfriend took a train to the Indian city of Poona. Once they had reached Poona, Chamoli was taken to a house where there was an older Nepali lady and many young girls. The lady gave her boyfriend some …
Is Lawrence Libertarian?, Dale Carpenter
Is Lawrence Libertarian?, Dale Carpenter
Articles
Lawrence v. Texas 1 begins with "Liberty" and ends with "freedom." 2 For the first time in its history the Supreme Court invalidated a law criminalizing sexual conduct. Add to that sweeping statements in Lawrence celebrating individual "autonomy." 3 Consider too the Court's surprising revival of substantive due process, a doctrine entombed with musty traditions in liberty-denying decisions like Bowers v. Hardwick 4 and Washington v. Glucksberg. 5 What is more, Lawrence is not your father's substantive due process. The pre-Lawrence doctrine bifurcated the world into a large domain of almost unprotected "liberty interests" and a very small and increasingly …
The Unknown Past Of Lawrence V. Texas, Dale Carpenter
The Unknown Past Of Lawrence V. Texas, Dale Carpenter
Articles
On the night of September 17, 1998, someone called the police to report that a man was going crazy with a gun inside a Houston apartment. When Harris County sheriff's deputies entered the apartment they found no person with a gun but did witness John Lawrence and Tyron Garner having anal sex. This violated the Texas Homosexual Conduct law,3 and the deputies hauled them off to jail for the night. Lawyers took the men's case to the Supreme Court and won a huge victory for gay rights.
A Man's Home Is His Castle: How The Law Shelters Domestic Violence And Sexual Harassment, Beverly Balos
A Man's Home Is His Castle: How The Law Shelters Domestic Violence And Sexual Harassment, Beverly Balos
Articles
Violence against women is a pervasive problem in the United States. Historically, however, society did not take violence against women seriously. The law trivialized the abusive behaviors that led to harm against women.3 For example, until relatively recently there was not a legally recognized term for what is now labeled sexual harassment.4 It is now acknowledged that at work women are faced with the problem of sexual harassment.
The Antipaternalism Principle In The First Amendment, Dale Carpenter
The Antipaternalism Principle In The First Amendment, Dale Carpenter
Articles
Much attention has been paid of late to unauthorized disseminations of classified information. A grand jury proceeding has been initiated to investigate the leak and publication of information about the National Security Agency's warrantless electronic surveillance program. And in a case currently pending in the Eastern District of Virginia, the U.S. government for the first time is prosecuting private citizens for exchanging classified information in the course of concededly non-espionage activities - specifically, political lobbying. These events illuminate the underdeveloped and deeply under-theorized state of the law on classified information leaks and publications. The central chasm in existing theory and …
International Human Rights Law Perspective On Grutter And Gratz, David Weissbrodt
International Human Rights Law Perspective On Grutter And Gratz, David Weissbrodt
Articles
There is an international human rights law aspect to Grutter v. Bollinger 1 and Gratz v. Bollinger 2 that might be missed by many lawyers and scholars who rarely consider any legal domain beyond the limits of the U.S. Constitution. Indeed, Grutter and Gratz reflect a trend in Supreme Court opinions to use international human rights sources in interpreting the Constitution.
The Sub-Commission's Initiative On Human Rights And Intellectual Property, David Weissbrodt, Kell Schoff
The Sub-Commission's Initiative On Human Rights And Intellectual Property, David Weissbrodt, Kell Schoff
Articles
In 2000 the United Nations Sub-Commission on the Promotion and Protection of Human Rights adopted a resolution raising concerns about the consistency of international intellectual property protections and human rights norms. This article summarises human rights norms relevant to intellectual property and the pertinent aspects of the Agreement on Trade-Related Aspects of Intellectual Property Rights, which overlap or potentially conflict. The article provides several examples of potential conflict and how they might be resolved. The article demonstrates that the Sub-Commission resolution helped to initiate a major international discussion and some action on the relationship between human rights and intellectual property.
Through The Years: The Supreme Court And The Copyright Clause, Ruth Okediji
Through The Years: The Supreme Court And The Copyright Clause, Ruth Okediji
Articles
No abstract provided.
Is Incest Next?, Brett Mcdonnell
Accommodation At Work: Lessons From The Americans With Disabilities Act And Possibilities For Alleviating The American Worker Time Crunch, Stephen F. Befort
Accommodation At Work: Lessons From The Americans With Disabilities Act And Possibilities For Alleviating The American Worker Time Crunch, Stephen F. Befort
Articles
This article addresses issues of accommodation and time with respect to the American worker time crunch problem. On the former issue, I concur in Professor Arnow-Richman's observation that an accommodation approach to addressing the competing pressures of work and family is prone to resistance from the courts. Experience under the ADA illustrates a judicial reluctance to go beyond a traditional equal treatment view of discrimination to embrace a more affirmative different treatment model of discrimination. But this does not mean that the ADA's reasonable accommodation framework has been a failure. To the contrary, while the reasonable accommodation requirement may have …
A New Voice For The Workplace: A Proposal For An American Works Councils Act, Stephen F. Befort
A New Voice For The Workplace: A Proposal For An American Works Councils Act, Stephen F. Befort
Articles
Surveys show that American workers want more "voice" in the workplace. For the past century, unions have served as the principle voice mechanism for workers, but with the decline of unions, employee voice also has diminished. Section 8(a)(2) of the NLRA compounds this problem by prohibiting most employer-supported programs by which employees "deal with" employers concerning terms and conditions of employment. Both the East and the West offer possible alternative voice mechanisms. Over the past two decades, American employers increasingly have looked to the Japanese experience in adopting quality circles, work teams, and other employee involvement programs. But the growth …
Are Torture Warrants Warranted? Pragmatic Absolutism And Official Disobedience, Oren Gross
Are Torture Warrants Warranted? Pragmatic Absolutism And Official Disobedience, Oren Gross
Articles
May torture ever be morally or legally permissible? In Why Terrorism Works, Professor Alan Dershowitz makes two important claims. First, he rejects the notion that a prohibition on torture ought to be absolute. Second, in an attempt to limit the use of torture and maximize civil liberties Dershowitz suggests the mechanism of judicial torture warrants as a prerequisite to torturing suspected terrorists in interrogations. This article challenges both of Dershowitz's propositions by introducing two interlinked claims based on concepts of pragmatic absolutism and official disobedience. I argue that an absolute legal ban on torture ought to be maintained. However, in …
Employment Discrimination Remedies And Tax Gross Ups, Gregg Polsky, Stephen Befort
Employment Discrimination Remedies And Tax Gross Ups, Gregg Polsky, Stephen Befort
Articles
This article considers whether a successful employment discrimination plaintiff may be entitled, under current law, to receive an augmented award (a gross up) to neutralize certain adverse federal income tax consequences. The question of whether such a gross up is allowed, the resolution of which can have drastic effects on litigants, has received almost no attention from practitioners, judges, and academics. Because of the potentially enormous impact of the alternative minimum tax (AMT) on discrimination lawsuit recoveries, however, the gross up issue is now beginning to appear in reported cases. The three principal federal anti-discrimination statutes - Title VII, the …
Government Policy Towards Innovation In The United States, Canada, And The European Union As Manifested In Patent, Copyright, And Competition Laws, Daniel J. Gifford
Government Policy Towards Innovation In The United States, Canada, And The European Union As Manifested In Patent, Copyright, And Competition Laws, Daniel J. Gifford
Articles
THE United States, Canada, the European Union, Japan and most industrialized nations have adopted patent, copyright and other intellectual property laws. A major or primary purpose of those laws is to foster innovation, including technological innovation. Industrial and technological innovation is generally perceived as a good because technological advances increase a society's productivity, 1 thus increasing its wealth and raising living standards. The major industrialized nations also possess competition laws, one of whose purposes is to preserve, foster and support competitive markets. These nations want to preserve competitive markets because competitive markets help to allocate available resources to their highest …
How Do The Social Benefits And Costs Of The Patent System Stack Up In Pharmaceuticals?, Daniel J. Gifford
How Do The Social Benefits And Costs Of The Patent System Stack Up In Pharmaceuticals?, Daniel J. Gifford
Articles
This paper explores the workings of the patent system in the context of the generation of new pharmaceutical products. First it identifies the relevant characteristics of the patent system and its relation to the market. The paper concedes that, in general, the patent system is probably the best way of generating new technology, in substantial part because that system uses the market to provide both incentives and rewards. The paper also identifies downsides of this patent/market system: deadweight loss and the unresponsiveness of that patent/market system to the needs of the poor. The paper then explores the social costs and …
The Limits Of Business Limited Liability: Entity Veil Piercing And Successor Liability Doctrines, John Matheson
The Limits Of Business Limited Liability: Entity Veil Piercing And Successor Liability Doctrines, John Matheson
Articles
The quest for limited liability in business enterprises and transactions has been a driving force in the development of business organization law for centuries. The historical development of corporations and limited partnerships evidences this primary goal. The recent development of the modern forms of limited liability partnerships and limited liability companies proves that this quest continues unabated. In addition, parties to significant business transfer transactions have long sought by construct and contract to apportion and limit their respective legal responsibilities and liabilities.Counterbalancing this inexorable trend toward limited liability has been the penchant of common law jurisprudence to define its limits. …
The Acs Virgo Cluster Survey. I. Introduction To The Survey, Patrick Côté, John P. Blakeslee, Laura Ferrarese, Andrés Jordán, Simona Mei, David Merritt, Miloš Milosavljević, Eric W. Peng, John L. Tonry, Michael J. West
The Acs Virgo Cluster Survey. I. Introduction To The Survey, Patrick Côté, John P. Blakeslee, Laura Ferrarese, Andrés Jordán, Simona Mei, David Merritt, Miloš Milosavljević, Eric W. Peng, John L. Tonry, Michael J. West
Articles
The Virgo Cluster is the dominant mass concentration in the Local Supercluster and the largest collection of elliptical and lenticular galaxies in the nearby universe. In this paper, we present an introduction to the ACS Virgo Cluster Survey: a program to image, in the F475W and F850LP bandpasses (≈ Sloan g and z), 100 early-type galaxies in the Virgo Cluster using the Advanced Camera for Surveys on the Hubble Space Telescope. We describe the selection of the program galaxies and their ensemble properties, the choice of filters, the fieldplacement and orientation, the limiting magnitudes of the survey, coordinated parallel observations …
Price-Volume Relationships And Stock Returns, Steven Gold
Price-Volume Relationships And Stock Returns, Steven Gold
Articles
It is popular among technical analysts to use high trading volume as a positive selection or filter criteria. Yet the finding in the finance literature are not clear on the predictive validity or even the direction of the impact of trading volume on stock returns. One stream of finance research finds that high changes in trading volume are associated with information asymmetry or differences in beliefs between traders, suggesting stock price reversals and return variances are higher with high trading volume. A second stream of research finds that high trading volume is attributed to informed trading, suggesting stock price reversals …
The Design Of Incentive Compensation For Directors, Chun-Keung Hoi, Ashok J. Robin
The Design Of Incentive Compensation For Directors, Chun-Keung Hoi, Ashok J. Robin
Articles
Today, most firms provide equity-based incentive compensation to their non-executive directors. We summarize viewpoints supportive and critical of the development. We argue that the effectiveness of incentive compensation is related to the structure of the incentive pay contact. We discuss the use of options and shares as well as the issue of whether incentive pay should be geared toward current rewards or future incentives. We also discuss the critical issue of maintaining the ownership exposure of directors by providing sufficient levles of equity as well as placing restictions on cashing out. Using our arguments aboce, we suggest guidelines for constructing …
Lean Object-Oriented Software Development, Jack Cook, Victoria Semouchtchak
Lean Object-Oriented Software Development, Jack Cook, Victoria Semouchtchak
Articles
Software failures can be dramatic, exp3ensive and catastrophic. The London Stock Exchange was developed eleven years late and 13,200% over budget (Corr 2002). A catastro0phic software failure in February 1998 interrupted the New York Mercantile Exchange and phone service in several East Coast cities (NIST 2002). All industries need software development process improvement. Of 800 business technology managers responding to an InformationWeek survey, 97% reported problems with software bugs in the past year and nine out of 10 reported higher costs, lost revenue, or both as a result (Hayes 2002, p. 40)
Organizational Determinants Of Is Performance- A Strategic Profile Perspective, Charles Apigian, Bhanu Ragu-Nathan, T.S. Ragu-Nathan
Organizational Determinants Of Is Performance- A Strategic Profile Perspective, Charles Apigian, Bhanu Ragu-Nathan, T.S. Ragu-Nathan
Articles
As a strategic resource, an organization's information system (IS) often determines its competitive advantage. Literature have indicated that many organizational factors influence IS performance. However, the effects of these factors may be different for organizations with different distin ctive information management (IM) strategies. This applies the methodology developed by Sabherwal and Chan (2001) to convert organizational strategic profiles to Miles and Snow (1978) typology, validates the methodology and examines the impact of a set of organizational variables on IS performance in each IM strategic profile type. Managerial implications of the findings are also discussed.