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Articles 13951 - 13980 of 20106
Full-Text Articles in Entire DC Network
The Meaning Of Probability Judgments: An Essay On The Use And Misuse Of Behavioral Economics, Charles M. Yablon
The Meaning Of Probability Judgments: An Essay On The Use And Misuse Of Behavioral Economics, Charles M. Yablon
Articles
In this essay, Professor Yablon challenges the assumption that behavioral heuristics-such as the availability heuristic -constitute "biases" that necessarily lead to errors in probability judgments. He notes that there are many different concepts of probability and, in many contexts, no agreed-upon method for determining the correctness of inconsistent probability judgments. Yet many legal academics and policymakers ignore these complex aspects of probability theory, assuming that statistical or frequentist probabilities are always to be preferred over subjective judgments of probability.
Professor Yablon argues that choosing between frequentist and subjective approaches to probability judgments in policymaking can only be done with great …
On Aristotelian Criminal Law: A Reply To Duff, Kyron J. Huigens
On Aristotelian Criminal Law: A Reply To Duff, Kyron J. Huigens
Articles
No abstract provided.
Lawrence And Garner: The Love (Or At Least Sexual Attraction) That Finally Dared Speak Its Name, Paris R. Baldacci
Lawrence And Garner: The Love (Or At Least Sexual Attraction) That Finally Dared Speak Its Name, Paris R. Baldacci
Articles
No abstract provided.
Introducing Lawrence V. Texas: Some Background And A Glimpse Of The Future, Edward Stein
Introducing Lawrence V. Texas: Some Background And A Glimpse Of The Future, Edward Stein
Articles
The Supreme Court's decision in Lawrence v. Texas broke new ground for the legal position of lesbians, gay men and other sexual minorities in the United States. This article reviews the legal background against which Lawrence was decided (focusing on privacy and equal protection arguments). The article then explores the likely implications of this decision, specifically for the recognition of same-sex marriage and the constitutionality of laws that make other sex acts criminal. The article suggests that the most interesting questions after Lawrence concern whether the logic of Justice O'Connor's concurrence (that focused on the equal protection argument) will be …
New York Moveable Feast: Boundaries To Practice, Christopher Honeyman, Lela P. Love
New York Moveable Feast: Boundaries To Practice, Christopher Honeyman, Lela P. Love
Articles
No abstract provided.
Preface To The Justice In Mediation Symposium, Lela P. Love
Preface To The Justice In Mediation Symposium, Lela P. Love
Articles
No abstract provided.
It's Not Your Father's Legal Writing Program, Leslie Newman
It's Not Your Father's Legal Writing Program, Leslie Newman
Articles
No abstract provided.
Lo Stato Di Diritto E La Legittimità Della Democrazia Costituzionale, Michel Rosenfeld
Lo Stato Di Diritto E La Legittimità Della Democrazia Costituzionale, Michel Rosenfeld
Articles
No abstract provided.
The Establishment Clause During The 2004 Term: Big Cases, Little Movement, Marci A. Hamilton
The Establishment Clause During The 2004 Term: Big Cases, Little Movement, Marci A. Hamilton
Articles
No abstract provided.
Direct Democracy And The Protestant Ethic, Marci A. Hamilton
Direct Democracy And The Protestant Ethic, Marci A. Hamilton
Articles
No abstract provided.
The Rehnquist Court And Administrative Law, Michael Herz
The Rehnquist Court And Administrative Law, Michael Herz
Articles
No abstract provided.
The Inevitable Failure Of Nuisance-Based Theories Of The Takings Clause: A Reply To Professor Claeys, Stewart E. Sterk
The Inevitable Failure Of Nuisance-Based Theories Of The Takings Clause: A Reply To Professor Claeys, Stewart E. Sterk
Articles
Rejecting the proposition (advanced by Professor Eric Claeys) that the Rehnquist Court's conservatives have missed an opportunity to transform takings law, this commentary demonstrates that a nuisance-based theory cannot provide a comprehensive basis for takings clause jurisprudence. The commentary further establishes that no plausible vision of originalism supports a nuisance based theory, and concludes by arguing that judicial scrutiny of state and local land use practices is less deferential than it was at the inception of the Rehnquist Court.
Henry Minton, Departing From Deviance: A History Of Homosexual Rights And Emancipatory Science In America., Edward Stein
Henry Minton, Departing From Deviance: A History Of Homosexual Rights And Emancipatory Science In America., Edward Stein
Articles
No abstract provided.
Grutter V. Bollinger: This Generation's Brown V. Board Of Education, Michelle Adams
Grutter V. Bollinger: This Generation's Brown V. Board Of Education, Michelle Adams
Articles
At first blush, Grutter appears to be a deviation from the body of the Court's recent affirmative action jurisprudence: it says "yes" where the other cases said "no." But it is not so clear that Grutter is a deviation from current law. Instead, it might be seen as consistent with it, in that the justification for the racial preference recognized in Grutter transcended the justifications offered in the previous cases, and the method used to achieve that end, "race as a factor," diffused rather than highlighted race. From this perspective, Grutter addressed several concerns that had troubled the Court for …
Rulemaking, Michael Herz
Electronic Speckle Pattern Shearing Interferometer With A Photopolymer Holographyc Grating, Emilia Mihaylova, Izabela Naydenova, Suzanne Martin, Vincent Toal
Electronic Speckle Pattern Shearing Interferometer With A Photopolymer Holographyc Grating, Emilia Mihaylova, Izabela Naydenova, Suzanne Martin, Vincent Toal
Articles
A photopolymer holographic grating is used to produce the two sheared images in an electronic speckle pattern shearing interferometer. A ground glass screen following the grating serves the purpose of eliminating unwanted diffraction orders and to remove the requirement for the CCD camera to resolve the diffraction grating’s pitch. The sheared images on the ground glass are further imaged onto the CCD camera. The fringe pattern contrast was estimated to be above 90%. A validation of the system was done by comparing the theoretical phase difference distribution with the experimental data from the three point bending test.
Standards Of Conduct For Lawyers: An 800-Year Evolution Annual Survey Of Texas Law, Carol Rice Andrews
Standards Of Conduct For Lawyers: An 800-Year Evolution Annual Survey Of Texas Law, Carol Rice Andrews
Articles
No abstract provided.
Fixing The Hole In The Ozone Layer: A Success In The Making (Continued), Drusilla J. Hufford, Paul Horwitz
Fixing The Hole In The Ozone Layer: A Success In The Making (Continued), Drusilla J. Hufford, Paul Horwitz
Articles
No abstract provided.
Shout From Taller Rooftops: A Response To Deborah L. Rhode's Access To Justice Colloquium: Deborah L. Rhode's Access To Justice, Steven H. Hobbs
Shout From Taller Rooftops: A Response To Deborah L. Rhode's Access To Justice Colloquium: Deborah L. Rhode's Access To Justice, Steven H. Hobbs
Articles
No abstract provided.
Copyright And Information Theory: Toward An Alternative Model Of Authorship, Alan L. Durham
Copyright And Information Theory: Toward An Alternative Model Of Authorship, Alan L. Durham
Articles
Both literary scholars and students of copyright law have challenged the romantic model of authorship a model emphasizing individual genius and creation ex nihilo Authorship they argue is actually a collaborative effort Authors assemble their works from the fragments of their cultural environment transforming as much as creating Copyright law however still champions the rights of authors and it requires a coherent theory of what authorship is An alternative to the romantic model of authorship can be found in information theory a branch of mathematics dealing at a very fundamental level with all forms of communication Authorship could be defined …
Re(Caste)Ing Equality Theory: Will Grutter Survive Itself By 2028 Symposium: Race Jurisprudence And The Supreme Court: Where Do We Go From Here, Bryan K. Fair
Articles
No abstract provided.
Fixing The Hole In The Ozone Layer: A Success In The Making, Drusilla J. Hufford, Paul Horwitz
Fixing The Hole In The Ozone Layer: A Success In The Making, Drusilla J. Hufford, Paul Horwitz
Articles
No abstract provided.
The Enhanced Proliferation Control Initiative: National Security Necessity Or Unconstitutionally Vague Comment, Daniel H. Joyner
The Enhanced Proliferation Control Initiative: National Security Necessity Or Unconstitutionally Vague Comment, Daniel H. Joyner
Articles
No abstract provided.
A Constitution For Judicial Lawmaking, Adam N. Steinman
A Constitution For Judicial Lawmaking, Adam N. Steinman
Articles
When courts decide cases, their decisions make law because they become precedent that binds future courts under the doctrine of stare decisis. This article argues that judicial lawmaking, like legislative lawmaking, is subject to constitutional principles that govern the extent to which a particular attempt at judicial lawmaking is valid. Because even poorly reasoned judicial decisions can still be effective lawmaking acts, it is important to distinguish between constitutional and non-constitutional principles and arguments. While a non-constitutional principle can be a basis for examining the wisdom or merits of a particular lawmaking act, only constitutional principles can assess whether the …
The Darker Face Of Brown - The Promise And Reality Of The Decision Remain Unreconciled Brown At 50: A Symposium, Bryan K. Fair
The Darker Face Of Brown - The Promise And Reality Of The Decision Remain Unreconciled Brown At 50: A Symposium, Bryan K. Fair
Articles
No abstract provided.
Taming The Tail That Wags The Dog: Ex Post And Ex Ante Constraints On Informal Adjuciation Administrative Law Discussion Forum, Ronald J. Krotoszynski Jr.
Taming The Tail That Wags The Dog: Ex Post And Ex Ante Constraints On Informal Adjuciation Administrative Law Discussion Forum, Ronald J. Krotoszynski Jr.
Articles
No abstract provided.
Stealing Signs: Is Professional Baseball's United States-Japanese Player Contract Agreement Enough To Avoid Another Baseball War Note, Casey D. Duncan
Stealing Signs: Is Professional Baseball's United States-Japanese Player Contract Agreement Enough To Avoid Another Baseball War Note, Casey D. Duncan
Articles
No abstract provided.
States, Courts, And Founders: Remarks On Killenbeck, Mark E. Brandon
States, Courts, And Founders: Remarks On Killenbeck, Mark E. Brandon
Articles
No abstract provided.
The Multiparty, Multiforum Trial Jurisdiction Act's Impact On Major Accident Litigation, Thomas J. Mclaughlin, Adam N. Steinman
The Multiparty, Multiforum Trial Jurisdiction Act's Impact On Major Accident Litigation, Thomas J. Mclaughlin, Adam N. Steinman
Articles
No abstract provided.
Restructuring The Multilateral Export Control Regime System, Daniel H. Joyner
Restructuring The Multilateral Export Control Regime System, Daniel H. Joyner
Articles
This article identifies a current disharmony arising from increased expectations for the effectiveness and scope of the multilateral non-proliferation export control regime system, coupled with the reality of regime structures the inherent institutional limitations of which form significant barriers to meeting these expectations. The article will propose that, through employing international legal and organisational theory, this disharmony can be substantially mediated, and that the expectations of the multilateral non-proliferation community can be essentially met through efforts of reform and restructuring of the multilateral export control regimes. These efforts, while endowing the regimes with the increased formality necessary for higher levels …