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Articles 14311 - 14340 of 20106
Full-Text Articles in Entire DC Network
Judicial Supremacy And Its Discontents, Dale Carpenter
Judicial Supremacy And Its Discontents, Dale Carpenter
Articles
This is a remarkably quiet period in the public life of the Constitution. It is not a quiet time for constitutional law professors, of course, for whom there is always a crisis around the bend, a radical departure from fundamental values afoot, a usurpation of rights lurking. And there is certainly a lot of activity related to constitutional law, from the recent impeachment of President Clinton to judicial intervention in the election of 2000 to the creation of military tribunals to try suspected terrorists and enemy combatants. It is a quiet period, however, in the sense that there is remarkably …
State Interest And Marriage--The Theoretical Perspective, Brian H. Bix
State Interest And Marriage--The Theoretical Perspective, Brian H. Bix
Articles
By the conference description, we are to consider "the relationship of marriage and self-government." 2 It is hard to analyze the relationship of these two, because they are "moving targets." Everyone thinks they know what is meant by "marriage," but as the debate ensues about the extension (e.g., to same-sex couples) and modification (e.g., for covenant marriage rules) of marriage, and our social norms about the roles of parents (married or not) and spouses change, one might wonder how much is certain and agreed upon and how much is fluid and up for review and revision. 3
Norms On The Responsibilities Of Transnational Corporations And Other Business Enterprises With Regard To Human Rights, David Weissbrodt, Muria Kruger
Norms On The Responsibilities Of Transnational Corporations And Other Business Enterprises With Regard To Human Rights, David Weissbrodt, Muria Kruger
Articles
On August 13, 2003, the United Nations Sub-Commission on the Promotion and Protection of Human Rights approved the "Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights" (Norms) 1 in its Resolution 2003/16. 2 The Norms represent a landmark step in holding businesses accountable for their human rights abuses and constitute a succinct, but comprehensive, restatement of the international legal principles applicable to businesses with regard to human rights, humanitarian law, international labor law, environmental law, consumer law, anticorruption law, and so forth.
The Constitutional Underpinnings Of Homelessness, Ann Burkhart
The Constitutional Underpinnings Of Homelessness, Ann Burkhart
Articles
In Lindsey v. Normet, 1 the U.S. Supreme Court upheld a state wrongful detainer statute against tenants who withheld their rent after the Bureau of Buildings of Portland, Oregon declared their house to be uninhabitable. 2 In reaching its holding, the Court stated that it was "unable to perceive in [the Constitution] any constitutional guarantee of access to dwellings of a particular quality, or any recognition of the right of a tenant to occupy the real property of his landlord beyond the terms of his lease without the payment of rent." 3 The Court did not address the separate issue …
Human Rights Approach To Intellectual Property Protection: The Genesis And Application Of Sub-Commission Resolution 2000/7, David Weissbrodt, Kell Schoff
Human Rights Approach To Intellectual Property Protection: The Genesis And Application Of Sub-Commission Resolution 2000/7, David Weissbrodt, Kell Schoff
Articles
On August 17, 2000, the United Nations Sub-Commission on the Promotion and Protection of Human Rights (the Sub- Commission) adopted Resolution 2000/7, entitled Intellectual Property Rights and Human Rights .1 This resolution signified the Sub-Commission s belief that international intellectual property regimes were not adequately accounting for human rights norms.2 Resolution 2000/7 called on U.N. Member States, intergovernmental bodies, and various U.N. entities to reaffirm their commitments toward the achievement of international human rights norms, adopt a human rights approach to the development of international intellectual property regimes, and further study the interaction between intellectual property protection and human rights.3
The Constitutional Tension Between Apprendi And Mckeiver: Sentence Enhancements Based On Delinquency Convictions And The Quality Of Justice In Juvenile Courts, Barry C. Feld
Articles
In Apprendi v. New Jersey, the Supreme Court ruled that any fact that increases the penalty for a crime “other than the fact of a prior conviction” must be submitted to a jury and proved beyond a reasonable doubt. Apprendi exempted the fact of a prior conviction from its holding because criminal defendants enjoyed a constitutional right to a jury trial at the time the state obtained that conviction which assured the accuracy and reliability of the prior record. By contrast, a plurality of the Supreme Court in McKeiver v. Pennsylvania denied juvenile delinquents a constitutional right to a jury …
Race, Politics, And Juvenile Justice: The Warren Court And The Conservative "Backlash", Barry C. Feld
Race, Politics, And Juvenile Justice: The Warren Court And The Conservative "Backlash", Barry C. Feld
Articles
A century ago, the Progressive reformers who created the juvenile court embraced a particular ideological construction of childhood as one of innocence and vulnerability. They also adopted a scientific conception of social control - positive criminology - that attempted to identify the causes of criminality and purported to treat, rather than to punish, offenders. The juvenile court combined the new conception of childhood with the new strategies of positive criminology to create a judicial-welfare alternative to the adult criminal process for juveniles. The juvenile court affirmed the responsibility of families to raise their children while expanding the state's prerogative to …
Teaching Adr In The Workplace Once And Again: A Pedagogical History, Laura J. Cooper
Teaching Adr In The Workplace Once And Again: A Pedagogical History, Laura J. Cooper
Articles
During the summer there was a conference in Ann Arbor, sponsored by the Association of American Law Schools, to address whether law schools could better prepare students to represent the interests of employees and employ- ers. The conference planners took care to include as participants notjust law school teachers, but also practitioners who could more accurately describe the role of attorneys in representing worker and employer interests and how students could best be educated to serve those roles. Conference participants concluded that current law school courses were inappropriately focused on the adversarial role of lawyers in litigation. They decided that …
Competence, Culpability, And Punishment: Implications Of Atkins For Executing And Sentencing Adolescents, Barry C. Feld
Competence, Culpability, And Punishment: Implications Of Atkins For Executing And Sentencing Adolescents, Barry C. Feld
Articles
The Supreme Court has explored the issues of culpability, proportionality, and deserved punishment most fully in the context of capital punishment. In death penalty decisions addressing developmental impairments and culpability, the Court has considered the cases of defendants with mental retardation and older adolescents, and has created an anomalous inconsistency by reaching opposite conclusions about the deserved punishment for each group of defendants. Recently, in Atkins v. Virginia, the Court relied on both empirical and normative justifications to categorically prohibit states from executing defendants with mental retardation. Atkins reasoned that mentally retarded offenders lacked the reasoning, judgment, and impulse control …
Public Welfare And The Role Of The Wto: Reconsidering The Trips Agreement, Ruth Okediji
Public Welfare And The Role Of The Wto: Reconsidering The Trips Agreement, Ruth Okediji
Articles
No abstract provided.
Reasonable Accommodation And Reassignment Under The Americans With Disabilities Act: Answers, Questions, And Suggested Solutions After U.S. Airways, Inc. V. Barnett, Stephen F. Befort
Reasonable Accommodation And Reassignment Under The Americans With Disabilities Act: Answers, Questions, And Suggested Solutions After U.S. Airways, Inc. V. Barnett, Stephen F. Befort
Articles
The enactment of the Americans with Disabilities Act ("ADA") has triggered a series of explosions over the past decade. Although enacted with widespread support, the statute almost immediately spawned a deluge of litigation. This litigation explosion, coupled with the rather imprecise language of the statute, resulted in a startling diversity of judicial interpretation on a host of key ADA issues. These two phenomena, in turn, have led to a more recent explosion in ADA cases heard by the Supreme Court. In a brief span from 1998 to 2002, the Supreme Court issued no less than thirteen decisions interpreting the ADA. …
Revisiting The Black Hole Of Workplace Regulation: A Historical And Comparative Perspective Of Contingent Work, Stephen F. Befort
Revisiting The Black Hole Of Workplace Regulation: A Historical And Comparative Perspective Of Contingent Work, Stephen F. Befort
Articles
A dramatic shift in the nature of work relationships in the United States has occurred during the past two decades. Long-term employment constituted the predominant model of structuring work relationships well into the 1970s. Since then, American firms increasingly have resorted to a variety of non-traditional work arrangements. These new workers, frequently denominated the "contingent workforce," tend to have a weaker workplace affiliation and a lower expectation of long-term employment.'
Physician-Assisted Suicide And Federalism, Brian H. Bix
Physician-Assisted Suicide And Federalism, Brian H. Bix
Articles
The article considers the application of general theories of federalism (e.g., states as laboratories and competitive federalism) to the issue of physician-assisted suicide. The article also uses the analogies of same-sex marriage and medical marijuana to explore some of the moral and policy issues raised by this intersection of medical ethics and federalism.
Chaos And Rules: Should Responses To Violent Crises Always Be Constitutional?, Oren Gross
Chaos And Rules: Should Responses To Violent Crises Always Be Constitutional?, Oren Gross
Articles
Two broad categories of constitutional models have traditionally been invoked in the context of fashioning legal responses to emergencies. According to the Business as Usual model, ordinary legal rules continue to be strictly followed with no substantive change even in times of crisis. The law in times of war remains the same as in times of peace. Other models of emergency powers may be grouped together under the general category of models of accommodation, insofar as they attempt to accommodate, within the existing normative structure, security considerations and needs. Though the ordinary system is kept intact as much as possible, …
Why (And How) Fairness Matters At The Ip/Antitrust Interface, Daniel A. Farber, Brett Mcdonnell
Why (And How) Fairness Matters At The Ip/Antitrust Interface, Daniel A. Farber, Brett Mcdonnell
Articles
This Article questions the widespread scholarly view that maximizing economic efficiency should be the sole goal of the intellectual property and antitrust laws. We propose that the law should also encourage a fair division of the economic surplus, at least by considering it as a tiebreaker when the dictates of economic efficiency are ambiguous or controversial. We begin by surveying some challenges that have been made to the theoretical underpinnings of exclusive reliance on economic efficiency, but go on to argue that, even on the terms of welfarism, some regard for distributive fairness is appropriate. First, since fairness is a …
What Were They Thinking? Fourth Amendment Unreasonableness In Atwater V. City Of Lago Vista, Richard Frase
What Were They Thinking? Fourth Amendment Unreasonableness In Atwater V. City Of Lago Vista, Richard Frase
Articles
In Atwater v. City of Lago Vista the Supreme Court upheld the arrest and jailing of a woman for a seat belt violation even though her offense was punishable only with a small fine, and there was no reason why the police officer could not have simply issued a citation. Atwater thus permits, and indeed encourages, unnecessary and disproportionate arrests (along with the various searches and other hardships which routinely accompany an arrest). The extremely broad arrest power recognized by the Court also creates a grave potential for abuse in light of the breadth of modern traffic laws (almost every …
The Design Of A Business Simulation Using A System-Dynamics-Based Approach, Steven Gold
The Design Of A Business Simulation Using A System-Dynamics-Based Approach, Steven Gold
Articles
Research on business simulation design has been mostly on a sub-system level. Yet the business environment is complex by nature, characterized by interconnected organizational elements with nonlinear feedback loops, and requires a systems approach to be modeled effectively. In this paper a systems-dynamics based interactive model of a business enterprise simulation is developed, consisting of 18 equations. The model draws heavily upon the economic theory of the firm and the expansive body of prior research on the design of business simulations. The focus is on the linkages between the production, cost, revenues, profits and stock market value of the firm. …
Techniques For Visualizing Website Usage Patterns With An Adaptive Neural Network, Victor Perotti
Techniques For Visualizing Website Usage Patterns With An Adaptive Neural Network, Victor Perotti
Articles
At any given web site, the flow of users' visitations represents a valuable source of information for web professionals. However, the identification and interpretation of web usage patterns is not necessarily an easy task. The sheer volume and complexity of the browsing patterns captured in the web site server logs makes understanding users a difficult, time consuming task. The present chapter explores the use of an adaptive neural identification of clusters of web pages that are frequently visited together by users. A web site designer can see at a glance the primary groups of web pages that visitors browse. Further, …
Interactive Exercises In Synchronous Flow And Constraint Management, Jack Cook
Interactive Exercises In Synchronous Flow And Constraint Management, Jack Cook
Articles
This interactive presentation will explain synchronous flow, line balancing, and constraint management following by two hands-on exercises. The first exercise will be a line-balancing problem in which apirs of participants determine the number of workstations needed to meet daily production goals. The second exercise, groups of six to 10 participants will optimize a production line in a simulated environment to illustrate the effect of dependent events and statistical fluctuations.
How Accessible Are The 50 Most Visited Web Sites?, Jack Cook, Wasener Martinez, David Messima
How Accessible Are The 50 Most Visited Web Sites?, Jack Cook, Wasener Martinez, David Messima
Articles
There are many identifiable tools that assist persons inflected with some form of circumstance. Many of these are easily recognizable such as ramps, elevators, Braille, and closed-captioning. These features have who been used and desired by everyone, especially families with strollers who can take advantage of elevators and curb cuts. The absence of these simple yet effective features results in a direct violation of governmental regulations as well as human rights. Would you deem it morally acceptable to restrict the hearing impaired from watching television because television networks and manufacturers refused to implement closed captioning? Most people would say no. …
A Supplemental Approach To Analyzing Trade Data, A. Erhan Mergen, Marca Marie Bear
A Supplemental Approach To Analyzing Trade Data, A. Erhan Mergen, Marca Marie Bear
Articles
The objective of this article is to demonstrate the application of statistical process control (SPC) techniques to analyzing U.S. trade data including exports, imports and the overall balance of trade as supplements to existing methods. The major benefit of using these techniques would be to reduce unnecessary intervention (i.e., unnecessary corrective action) to trade policies. The basis for employing these techniques in analyzing trade data stems from an article written by Nolan and Provost (1990) in which they discussed the importance of understanding statistical variation and the importance this concept holds for managers and intent of this research is to …
Corporate Governance After Enron And Global Crossing: Comparative Lessons For Cross-National Improvement, 78 723 (2003), Edward S. Adams
Corporate Governance After Enron And Global Crossing: Comparative Lessons For Cross-National Improvement, 78 723 (2003), Edward S. Adams
Articles
This Article outlines and compares the corporate governance structures of the United States, Japan, Germany, and France. This outline and comparison is made with respect to past, present, and future characteristics and trends. As a cross-national study, it recognizes that the varying natures of differing legal, business, social, and cultural structures significantly affect the degree to which a country can implement changes to its corporate governance systems. This study includes the possibility that one country's corporate model might be inapplicable to another country. Some aspects of American capitalism, nevertheless, are slowly being adopted as improvements in Germany, France, and Japan. …
Getting Stuck Between Bottom And Top: State Competition For Corporate Charters In The Presence Of Network Effects, Brett Mcdonnell
Getting Stuck Between Bottom And Top: State Competition For Corporate Charters In The Presence Of Network Effects, Brett Mcdonnell
Articles
For decades, American legal scholars have debated over the implications of allowing corporations to choose in which state they will incorporate, irrespective of where they do business. Until recently the debate has centered almost exclusively on whether the managers who choose where to incorporate have incentive to choose a state whose laws favor managers to the disadvantage of shareholders (the "race to the bottom" thesis) or whether their incentives are to choose states whose laws treat shareholders properly (the "race to the top" thesis). Recently, some scholars have questioned whether the state charter competition process will necessarily lead to an …
Optical Switches Using Electro-Optical Effects In Liquid Crystals, Yuliya Semenova, S. Dovgalets, Yuri Panarin, Gerald Farrell
Optical Switches Using Electro-Optical Effects In Liquid Crystals, Yuliya Semenova, S. Dovgalets, Yuri Panarin, Gerald Farrell
Articles
A simple displacement sensor based on a bent singlemode-multimode-singlemode (SMS) fiber structure is proposed and experimentally investigated. The sensor offers a wider displacement range, not limited by the risk of fiber breakage, as well as a three-fold increase in displacement sensitivity by comparison with a straight SMS structure sensor. This sensor can be interrogated by either an optical spectral analyzer (OSA) or a ratiometric interrogation system: (1) if interrogated by an OSA assuming a resolution of 1 pm, it has a sensitivity of 28.2 nm for a displacement measurement range from 0 to 280 μm; (2) if interrogated by a …
Air Intake Cooling Motor Vehicle Performance Enhancement, James Brunton, David Kennedy, John D. Kelleher
Air Intake Cooling Motor Vehicle Performance Enhancement, James Brunton, David Kennedy, John D. Kelleher
Articles
This research examined the practical effects of cooling the intake air, on the combustion characteristics of a modern motor vehicle operating under simulated road conditions as well as its subsequent impact on the environment. The cooling effect was achieved by taking a typical air conditioning rig as fitted to a modern motor vehicle and incorporating it into the induction system of the car. The test vehicle used was a 1993 Renault Safrane 2.0Vi standard passenger car that was modified as part of the research to facilitate the extraction of the required test information. A series of tests were conducted using …
The Prospective Process Through Scenario Thinking For The Built And Human Environment: A Tool For Exploring Urban Futures, John Ratcliffe, Lorcan Sirr
The Prospective Process Through Scenario Thinking For The Built And Human Environment: A Tool For Exploring Urban Futures, John Ratcliffe, Lorcan Sirr
Articles
We are currently living through an era where we can, and need to, create exciting new possibilities in the way we think about, plan, design and build new places and spaces for working and living. At the same time, two irresistible forces – change and complexity – face decision-makers charged with framing and executing future policy and practice for the built and human environment. This paper generally argues the case for employing a ‘prospective’ process through scenario thinking for strategic planning and management in the urban arena. It does not attempt to identify or explore the advances made in planning …
Futures Thinking For The Built And Human Environment: The Prospective Process Through Scenario Thinking For The Built And Human Environment: A Tool For Exploring Human Futures, John Ratcliffe, Lorcan Sirr
Futures Thinking For The Built And Human Environment: The Prospective Process Through Scenario Thinking For The Built And Human Environment: A Tool For Exploring Human Futures, John Ratcliffe, Lorcan Sirr
Articles
We are currently living through an era where we can, and need to, create exciting new possibilities in the way we think about, plan, design and build new places and spaces for working and living. At the same time, two irresistible forces – change and complexity – face decision-makers charged with framing and executing future policy and practice for the built and human environment. This paper generally argues the case for employing a ‘prospective’ process through scenario thinking for strategic planning and management in the urban arena. It does not attempt to identify or explore the advances made in planning …
Targeting Exemption For Charitable Efficiency: Designing A Nondiversion Constraint, Frances R. Hill
Targeting Exemption For Charitable Efficiency: Designing A Nondiversion Constraint, Frances R. Hill
Articles
No abstract provided.
To Do Is To Be, Zanita E. Fenton
Silence Compounded - The Conjunction Of Race And Gender Violence, Zanita E. Fenton
Silence Compounded - The Conjunction Of Race And Gender Violence, Zanita E. Fenton
Articles
No abstract provided.