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Articles 15541 - 15570 of 20079
Full-Text Articles in Entire DC Network
Integrating International Law Into The First-Year Property Course, Stephen J. Schnably
Integrating International Law Into The First-Year Property Course, Stephen J. Schnably
Articles
No abstract provided.
Urban Growth: A Global Challenge, Janet Stearns
Legal Research Tools: In Search Of The Best Format, Robin Schard
Legal Research Tools: In Search Of The Best Format, Robin Schard
Articles
No abstract provided.
Comparative Corporate Governance And The Theory Of The Firm: The Case Against Global Cross Reference, William Wilson Bratton, Joseph K. Mccahery
Comparative Corporate Governance And The Theory Of The Firm: The Case Against Global Cross Reference, William Wilson Bratton, Joseph K. Mccahery
Articles
Professors Bratton and McCahery take up the main questions addressed by the literature on comparative corporate governance: whether national governance systems can be expected to converge in the near future, and whether the focal point of that convergence will be a new, hybrid governance system comprised of the best practices drawn from different systems. This Article advances the view that neither global convergence that eliminates systemic differences nor the emergence of a hybrid best practice safely can be projected because each national governance system is a system to a significant extent. Each system, rather than consisting of a loose collection …
Mirrored Silence: Reflections On Judicial Complicity In Private Violence, Zanita E. Fenton
Mirrored Silence: Reflections On Judicial Complicity In Private Violence, Zanita E. Fenton
Articles
Tracy and John had been married for seven years. They were so in love when they met at college. He brought her flowers and wanted to spend all of his free time with her. Everything was perfect. But it seemed to become increasingly tumultuous as soon as they got married, two years later. He didn't just want to spend all of his time with her; he had to know what she was doing every waking moment of the day. He had to approve of her activities and her friends. He called her at work every day. If she wasn't at …
Three's A Crowd: A Feminist Critique Of Calabresi And Melamed's One View Of The Cathedral, Jeanne L. Schroeder
Three's A Crowd: A Feminist Critique Of Calabresi And Melamed's One View Of The Cathedral, Jeanne L. Schroeder
Articles
The article critiques Calabresi and Melamed's trichotomy of property rights, arguing that it oversimplifies property as a binary relationship between subject and object, neglecting the complexities of enjoyment and third-party interests. By employing a feminist and Lacanian psychoanalytic perspective, the analysis highlights how this framework fails to address the dynamic, relational, and intersubjective nature of property, particularly in environmental disputes. The author advocates for a more inclusive understanding of property that incorporates both masculine and feminine metaphors, emphasizing the need to move beyond possession and exchange to recognize the mutual constitution of entitlements and law.
Enforcing Family Promises: Reliance, Reciprocity, And Relational Contract, Melanie B. Leslie
Enforcing Family Promises: Reliance, Reciprocity, And Relational Contract, Melanie B. Leslie
Articles
Courts are willing, in commercial contexts, to enforce promises even without consideration when enforcement supports a norm of reciprocity-a norm which recognizes that promises are seldom totally gratuitous, but are often made in furtherance of reciprocal, long-term, trust-based relationships. In this article, Professor Leslie argues that relational contract principles are firmly embedded in wills law. Courts enforce the reciprocity norm in the family context just as they do in commercial contexts; this enforcement is seen, however, not in breach of promise suits, which occur rarely between family members, but rather in will contests. Despite the prevalent ideology of wills law, …
A Brief Note On Database Protection And The United States, Marci A. Hamilton
A Brief Note On Database Protection And The United States, Marci A. Hamilton
Articles
No abstract provided.
Digital Frontiers: Law And The Internet: Letter To The U.S. Senate From Marci A. Hamilton, Marci A. Hamilton
Digital Frontiers: Law And The Internet: Letter To The U.S. Senate From Marci A. Hamilton, Marci A. Hamilton
Articles
No abstract provided.
How To Do Things With Hegel, David G. Carlson
How To Do Things With Hegel, David G. Carlson
Articles
The article argues that contract is not merely a tool for pre-existing personalities but is instead constitutive of personality itself. It challenges the conventional view that personality exists prior to law, instead positing that contract is necessary for the emergence and recognition of personality. The author contends that contract is foundational to legal and personal identity, as it establishes mutual recognition and rights between individuals.
Judicial Review, Michael Herz
Review: Murphy's Law, Arthur Jacobson
The Constitutional Authority Of The Federal Government In State Criminal Proceedings That Involve U.S. Treaty Obligations Or Affect U.S. Foreign Relations, Malvina Halberstam
The Constitutional Authority Of The Federal Government In State Criminal Proceedings That Involve U.S. Treaty Obligations Or Affect U.S. Foreign Relations, Malvina Halberstam
Articles
No abstract provided.
In Praise Of The Efficiency Of Decentralized Traditions And Their Preconditions, John O. Mcginnis
In Praise Of The Efficiency Of Decentralized Traditions And Their Preconditions, John O. Mcginnis
Articles
No abstract provided.
California's Racial History And Constitutional Rationales For Race-Conscious Decision Making In Higher Education Symposium: Race And The Law At The Turn Of The Century, Richard Delgado, Jean Stefancic
California's Racial History And Constitutional Rationales For Race-Conscious Decision Making In Higher Education Symposium: Race And The Law At The Turn Of The Century, Richard Delgado, Jean Stefancic
Articles
No abstract provided.
Goodbye To Hammurabi: Analyzing The Atavistic Appeal Of Restorative Justice Prosecuting Violence: A Colloquy On Race, Community, And Justice, Richard Delgado
Goodbye To Hammurabi: Analyzing The Atavistic Appeal Of Restorative Justice Prosecuting Violence: A Colloquy On Race, Community, And Justice, Richard Delgado
Articles
No abstract provided.
Physician Unions And The Future Of Competition In The Health Care Sector, William S. Brewbaker Iii
Physician Unions And The Future Of Competition In The Health Care Sector, William S. Brewbaker Iii
Articles
No abstract provided.
Hyperinsulinism Caused By Paternal-Specific Inheritance Of A Recessive Mutation In The Sulfonylurea-Receptor Gene, Benjamin Glaser, Fergus Ryan, Marc Donath, Heddy Landau, Charles Stanley, Lester Baker, David Barton, Paul Thornton
Hyperinsulinism Caused By Paternal-Specific Inheritance Of A Recessive Mutation In The Sulfonylurea-Receptor Gene, Benjamin Glaser, Fergus Ryan, Marc Donath, Heddy Landau, Charles Stanley, Lester Baker, David Barton, Paul Thornton
Articles
Neonatal hyperinsulinism (HI) is a genetic disorder of pancreatic b-cells characterized by failure to suppress insulin secretion in the presence of hypoglycemia, resulting in brain damage or death if not adequately treated. Germline mutations in four genes have been associated with HI. Some patients have focal regions of b-cell proliferation (focal HI). Seventy HI probands in whom at least one S U R - 1 mutation was identified were studied. Clinical data from patients with two S U R - 1 mutant alleles were compared with those from patients with single paternally inherited mutations. Thirtyseven probands were homozygous or compound …
Humanities And The Law: A Kinship Of Performance, James Boyd White
Humanities And The Law: A Kinship Of Performance, James Boyd White
Articles
The following essay is adapted from “A Visiting Scholar Considers The Law and the Humanities”, which appeared in The Key Reporter of Phi Beta Kappa in summer 1998 as a partial report of the author’s year as a Phi Beta Kappa Visiting Scholar. The selection here is a summary of a lecture the author delivered during his travels to eight colleges and universities throughout the United States.
Justification By Faith, Carl E. Schneider
Justification By Faith, Carl E. Schneider
Articles
In June 1997 a sixteen-year-old girl named Shannon Nixon began to feel ill. Her parents belonged to the Faith Tabernacle Church, one of a number of American sects which believe that illness should be treated spiritually rather than medically. Accordingly, the Nixons prayed for Shannon and took her to be anointed at their church. Shannon reported that she felt better and that the spiritual treatment had gained her her victory-her recovery. Before long, however, Shannon again felt ill. She became weaker and weaker and then fell into a coma. A few hours later she died. An autopsy revealed that she …
Sticks And Stones, Phoebe C. Ellsworth
Sticks And Stones, Phoebe C. Ellsworth
Articles
I believe that research should be refuted by research. More and more of our scarce journal space is being taken up by attacks, rebuttals, and rebuttals to the rebuttals, often ending with a whimper of recognition that the adversaries were not so very far apart to begin with, and that the only way (if possible) to resolve the disagreement is through empirical research. Communication of scientific disagreement does not require a published article. Grant proposals and manuscripts submitted to refereed journals like this one are sent out to reviewers, who provide written evaluations that are communicated to the author. Papers …
Confrontation Confronted, Richard D. Friedman, Margaret A. Berger, Steven R. Shapiro
Confrontation Confronted, Richard D. Friedman, Margaret A. Berger, Steven R. Shapiro
Articles
The following article is an edited version of the amicus curiae brief filed with the Supreme Court of the United States in the October Term, 1998, in the case of Benjamin Lee Lilly v. Commonwealth of Virginia (No. 98-5881). "This case raises important questions about the meaning of the confrontation clause, which has been a vital ingredient of the fair trial right for hundreds of years," Professor Richard Friedman and his co-authors say. "In particular, this case presents the Court with an opportunity to reconsider the relationship between the confrontation clause and the law of hearsay." On June 10 the …
The African American, Latino, And Native American Graduates Of One American Law School, 1970-1996, David L. Chambers, Richard O. Lempert, Terry K. Adams
The African American, Latino, And Native American Graduates Of One American Law School, 1970-1996, David L. Chambers, Richard O. Lempert, Terry K. Adams
Articles
In the spring of 1965, only one African American student and no Latino students attended the University of Michigan Law School. At the time, Michigan, like most American law schools, was a training place for white males. In 1966, the law school faculty adopted a new admissions policy that took race into account as a plus factor in the admissions process. This policy of affirmative action has taken many forms over the years, but, across the decades of the 1970's, the 1980's and the 1990's, about 800 African Americans, 350 Latinos, 200 Asian Americans and 100 Native Americans have graduated …
Near Misses, William I. Miller
Near Misses, William I. Miller
Articles
I was recently invited to give a keynote address for a small academic conference whose advertised theme was "Near Misses, Contingencies, and Histories." I have a rough and ready understanding of the near miss, the same kind of understanding we have of most words and phrases that spill out effortlessly in normal conversation. I use it and have heard it used by myriad others to describe a certain style of disappointment and regret. It is a concept generally available to us all, but when coupled with contingencies and histories, as in the title of the conference with its vague suggestions …
Doing Well And Doing Good: The Careers Of Minority And White Graduates Of The University Of Michigan Law School, David L. Chambers, Richard O. Lempert, Terry K. Adams
Doing Well And Doing Good: The Careers Of Minority And White Graduates Of The University Of Michigan Law School, David L. Chambers, Richard O. Lempert, Terry K. Adams
Articles
Of the more than 1,000 law students attending the University of Michigan Law School in the spring of 1965, only one was African American. The Law School faculty, in response, decided to develop a program to attract more African American students. One element of this program was the authorization of a deliberately race-conscious admissiosn process. By the mid-1970s, at least 25 African American students were represented in each graduating class. By the late 1970s, Latino and Native American students were included in the program as well. Over the nearly three decades between 1970 and 1998, the admissions efforts and goals …
Narrative Relevance, Imagined Juries, And A Supreme Court Inspired Agenda For Jury Research, Richard O. Lempert
Narrative Relevance, Imagined Juries, And A Supreme Court Inspired Agenda For Jury Research, Richard O. Lempert
Articles
This paper has its roots in Old Chief v. United States, a case the Supreme Court of the United States decided in 1997. I will begin by describing this case; then comment on its implications for the Supreme Court's conception of the jury, and conclude by examining the agenda one may draw from it for empirical jury research. Old Chief arose when Johnny Lynn Old Chief was charged not only with assault with a dangerous weapon and using a firearm in the commission of a crime of violence, but also with violating a law that precludes convicted felons from possessing …
State Immunity Waivers For Suits By The United States, Evan H. Caminker
State Immunity Waivers For Suits By The United States, Evan H. Caminker
Articles
The Supreme Court closed this millennium with a virtual celebration of state sovereignty, protecting state authority from the reach of congressional power in several significant ways. In a pair of cases, Seminole Tribe v. Florida1 and Alden v. Maine,2 the Court held that states enjoy a constitutional immunity from being sued without their consent. In Seminole Tribe, the Court opined that "the background principle of state sovereign immunity embodied in the Eleventh Amendment"3 protects states from unconsented suits in federal court. In Alden, the Court held that this principle is not merely embodied in the Eleventh Amendment but rather is …
Sincere And Strategic Voting Norms On Multimember Courts, Evan H. Caminker
Sincere And Strategic Voting Norms On Multimember Courts, Evan H. Caminker
Articles
In appellate adjudication, decisions are rendered by a multimember court as a collective entity, not by individual judges. Yet legal scholars have only just begun to explore the formal and informal processes by which individual votes are transformed into a collective judgment.' In particular, they have paid insufficient attention to the ways in which the vote of each individual judge is influenced by the views of her colleagues on a multimember court.
Jury Reform At The End Of The Century: Real Agreement, Real Changes, Phoebe C. Ellsworth
Jury Reform At The End Of The Century: Real Agreement, Real Changes, Phoebe C. Ellsworth
Articles
Complaints about the jury system and calls for its reform are nothing new-they have probably existed as long as the jury system itself. Warren Burger called for the reform of the civil jury in 1971'; in 1905 William Howard Taft decried the contemporary tendency "to exalt the jury's power beyond anything which is wise or prudent .... ,2 Judges complain to judges, lawyers complain to lawyers, legal academics write articles about the jury for other legal academics, social scientists report their research on juries to other social scientists, and the jurors themselves go home and express their exasperation to their …
Note On The Voltammetry Of Ferrocene Carboxylate In Aqueous Solution, John Cassidy, John O'Gorman, M. Ronane, Enda Howard
Note On The Voltammetry Of Ferrocene Carboxylate In Aqueous Solution, John Cassidy, John O'Gorman, M. Ronane, Enda Howard
Articles
Cyclic voltammetry of ferrocene dicarboxylate in aqueous solutions at high pH, in the presence of oxygen, showed evidence of an EC' mechanism where the oxidised form of ferrocene dicarboxylate reacts with H02- , which had been produced at a lower potential. However, an analogous experiment with ferrocene carboxylate yielded a cyclic voltammogram with a post peak: following the anodic peak: for ferrocene carboxylate. The reason for the post peak: is not clear but may be due to a delay in the reaction between the oxidised form of ferrocene carboxylate and H02-.