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Articles 15751 - 15780 of 20079
Full-Text Articles in Entire DC Network
Damages For Unconstitutional Affirmative Action: An Analysis Of The Monetary Claims In Hopwood V. Texas, Richard Henry Seamon
Damages For Unconstitutional Affirmative Action: An Analysis Of The Monetary Claims In Hopwood V. Texas, Richard Henry Seamon
Articles
No abstract provided.
The Sovereign Immunity Of States In Their Own Courts, Richard Henry Seamon
The Sovereign Immunity Of States In Their Own Courts, Richard Henry Seamon
Articles
No abstract provided.
Judicial Reform In Brazil, Keith S. Rosenn
Judicial Reform In Brazil, Keith S. Rosenn
Articles
Judicial reform is currently a hotly debated topic in Brazil. The call for reform of the Brazilian judiciary, however, is anything but new. The Brazilian judiciary has been in a state of crisis since colonial days, and despite numerous attempts at reform, it remains in crisis. With the privatization of Brazil's state-owned enterprises, the growth of Mercosur, the urgent need to make Brazilian firms competitive in world markets, the emphasis upon attracting foreign investment, and the opening of Brazil's economy to foreign competition, Brazilian political leadership began to focus upon ways to reform Brazil's malfunctioning judicial system. Unfortunately, the proposed …
Article 2b As Legal Software For Electronic Contracting-Operating System Or Trojan Horse?, A. Michael Froomkin
Article 2b As Legal Software For Electronic Contracting-Operating System Or Trojan Horse?, A. Michael Froomkin
Articles
The proposed draft of Article 2B of the Uniform Commercial Code can be thought of as akin to a complex computer software suite which seeks to dominate a market by offering all things to all people. The author suggests, however, that Article 2B's electronic contracting rules interoperate poorly with existing digital signature laws, and with some forms of electronic commerce. The author also questions whether Article 2B is the proper means to enact controversial rules that ordinarily would make consumers liable for fraudulent uses of their digital signatures by third parties. After considering Article 2B's potential interaction with existing digital …
Sexual Dis-Orientation: Transgendered People And Same-Sex Marriage, Mary I. Coombs
Sexual Dis-Orientation: Transgendered People And Same-Sex Marriage, Mary I. Coombs
Articles
In this Article, Professor Coombs argues that the debate about same-sex marriage has wrongfully ignored transgendered people and their relationships. She provides an overview of arguments made by opponents of same-sex marriage, such as tradition, procreation, child-rearing, and family values. She then examines cases involving transsexual marriages and uses this analysis to deconstruct the same-sex marriage debate. Professor Coombs argues that an honest consideration of transgendered people and their relationships forces a re-evaluation of arguments against same-sex marriage and disrupts the gendered patriarchy on which traditional marriage rests. Marriage should be seen as a relationship between two people, regardless of …
United States V. O'Hagan: Agency Law And Justice Powell's Legacy For The Law Of Insider Trading, Adam C. Pritchard
United States V. O'Hagan: Agency Law And Justice Powell's Legacy For The Law Of Insider Trading, Adam C. Pritchard
Articles
The law of insider trading is judicially created; no statutory provision explicitly prohibits trading on the basis of material, non-public information. The Supreme Court's insider trading jurisprudence was forged, in large part, by Justice Lewis F. Powell, Jr. His opinions for the Court in United States v. Chiarella and SEC v. Dirks were, until recently, the Supreme Court's only pronouncements on the law of insider trading. Those decisions established the elements of the classical theory of insider trading under § 10(b) of the Securities Exchange Act of 1934 (the "Exchange Act"). Under this theory, corporate insiders and their tippees who …
Impeaching The President Essay, Cass R. Sunstein
Informational Regulation And Informational Standing: Akins And Beyond, Cass R. Sunstein
Informational Regulation And Informational Standing: Akins And Beyond, Cass R. Sunstein
Articles
No abstract provided.
Risk Assessment, Resource Allocation, And Fairness: Evidence From Law Students, Cass R. Sunstein, Christopher E. Houston
Risk Assessment, Resource Allocation, And Fairness: Evidence From Law Students, Cass R. Sunstein, Christopher E. Houston
Articles
No abstract provided.
Theories And Tropes: A Reply To Posner And Kelman, Cass R. Sunstein, Christine Jolls, Richard H. Thaler
Theories And Tropes: A Reply To Posner And Kelman, Cass R. Sunstein, Christine Jolls, Richard H. Thaler
Articles
No abstract provided.
Affirmative Action, Caste, And Cultural Comparisons Correspondence, Cass R. Sunstein
Affirmative Action, Caste, And Cultural Comparisons Correspondence, Cass R. Sunstein
Articles
No abstract provided.
Bad Incentives And Bad Institutions, Cass R. Sunstein
Erie And The Irrevelance Of Legal Positivism, Jack L. Goldsmith, Steven Walt
Erie And The Irrevelance Of Legal Positivism, Jack L. Goldsmith, Steven Walt
Articles
No abstract provided.
Federal Courts And The Incorporation Of International Law, Jack L. Goldsmith, Curtis A. Bradley
Federal Courts And The Incorporation Of International Law, Jack L. Goldsmith, Curtis A. Bradley
Articles
No abstract provided.
The Internet And The Abiding Significance Of Territorial Sovereignty, Jack L. Goldsmith
The Internet And The Abiding Significance Of Territorial Sovereignty, Jack L. Goldsmith
Articles
No abstract provided.
Against Cyberanarchy, Jack L. Goldsmith
Book Review (Reviewing Ronald Dworkin, Freedom's Law: The Moral Reading Of The American Constitution (1996)), David A. Strauss
Book Review (Reviewing Ronald Dworkin, Freedom's Law: The Moral Reading Of The American Constitution (1996)), David A. Strauss
Articles
No abstract provided.
Women, Morality, And Sexual Orientation, Mary E. Becker
Women, Morality, And Sexual Orientation, Mary E. Becker
Articles
In this Article, Professor Becker argues that heterosexual relationships are more problematic for women than lesbian relationships, particularly when such relationships are viewed in terms of their tendency to objectify the "other." She discusses how current "moral" norms concerning the inferiority of homosexuality to heterosexuality enable men to use women in immoral and subordinating ways. She explores moral taboos against lesbian relationships and asserts that these taboos facilitate heterosexual male exploitation of women's sexuality by obscuring from some women the possibility that they might prefer more equitable relationships with women rather than with men. She argues for greater acceptance of …
Notes Toward A Theory Of Customary International Law The Challenge Of Non-State Actors: Standards And Norms In International Law, Eric A. Posner, Jack L. Goldsmith
Notes Toward A Theory Of Customary International Law The Challenge Of Non-State Actors: Standards And Norms In International Law, Eric A. Posner, Jack L. Goldsmith
Articles
No abstract provided.
Federalism And The Family Reconstructed, Jill Elaine Hasday
Federalism And The Family Reconstructed, Jill Elaine Hasday
Articles
No abstract provided.
The Status Of Customary International Law, Curtis A. Bradley
The Status Of Customary International Law, Curtis A. Bradley
Articles
No abstract provided.
The Treaty Power And American Federalism, Curtis A. Bradley
The Treaty Power And American Federalism, Curtis A. Bradley
Articles
For much of this century, American foreign affairs law has assumed that there is a sharp distinction between what is foreign and what is domestic, between what is external and what is internal. This assumption underlies a dual regime of constitutional law, in which federal regulation of foreign affairs is subject to a different, and generally more relaxed, set of constitutional restraints than federal regulation of domestic affairs. In what is perhaps its most famous endorsement of this proposition, the Supreme Court stated in 1936 that "the federal power over external affairs [is] in origin and essential character different from …
Comparative Advantage And The Normative Economics Of International Trade Policy, Alan O. Sykes
Comparative Advantage And The Normative Economics Of International Trade Policy, Alan O. Sykes
Articles
No abstract provided.
Federalism And The Family Reconstructed, Jill Elaine Hasday
Federalism And The Family Reconstructed, Jill Elaine Hasday
Articles
No abstract provided.
At The End Of Palsgraf, There Is Chaos: An Assessment Of Proximate Cause In Light Of Chaos Theory, Edward S. Adams, Gordon B. Brumwell, James A. Glazier
At The End Of Palsgraf, There Is Chaos: An Assessment Of Proximate Cause In Light Of Chaos Theory, Edward S. Adams, Gordon B. Brumwell, James A. Glazier
Articles
Palsgraf articulated the doctrine of proximate cause, necessary to prove the tort of negligence. Palsgraf needs to be reexamined in light of today's understanding of cause and effect. The case concerned a woman (Mrs. Palsgraf) standing on a train platform who was injured by a roof tile that fell as the result of the vibrations caused by the explosion of another passenger's package. Mrs. Palsgraf sued the railway for negligence and prevailed at the trial court level. The New York Court of Appeals reversed the trial court, however, holding that the railway company's actions were not the proximate cause of …
Constructing A Jury That Is Both Impartial And Representative: Utilizing Cumulative Voting In Jury Selection, Edward S. Adams, Christian J. Lane
Constructing A Jury That Is Both Impartial And Representative: Utilizing Cumulative Voting In Jury Selection, Edward S. Adams, Christian J. Lane
Articles
One of the main and ongoing problems plaguing the American jury system has been ensuring that juries in civil and criminal trials are truly representative of the communities in which they serve. Historically, minorities have been disproportionately excluded from jury service. This shortfall results from a combination of factors at each stage of the juror identification process. At the jury pool stage, juror notification methods often fail to identify or reach minorities for tie simple reason that minorities generally are poorer and more transient. At the venire stage, those minorities who actually receive notification report to the courthouse at a …
Committed Partners And Inheritance: An Empirical Study, Mary Louise Fellows, Monica Kirkpatrick Johnson, Amy Chiericozzi, Ann Hale, Christopher Lee, Robin Preble, Michael Voran
Committed Partners And Inheritance: An Empirical Study, Mary Louise Fellows, Monica Kirkpatrick Johnson, Amy Chiericozzi, Ann Hale, Christopher Lee, Robin Preble, Michael Voran
Articles
There is widespread recognition that U.S. households have changed dramatically in the latter half of the twentieth century. 1 The changes include an increased number of blended families, 2 single-parent households, 3 and unmarried same-sex and opposite-sex committed couples, including some with children. 4 The transformation taking place in U.S. households implicates property law and vice versa. In recognition of the changing U.S. household and the symbiotic relationship between wealth transmission and family, we undertook an empirical study designed to assess public attitudes about the inclusion of surviving committed partners as heirs. This Article reports our findings.
Diversity Deferred, Joan Howland
Diversity Deferred, Joan Howland
Articles
"Serendipity" is the first five-syllable word I could either pronounce or comprehend. The addition of this word to my vocabulary at the age of ten was not the result of any intellectual prowess on my part, but rather the fortuitous consequence of having two bright, multitalented, highly competitive, older siblings. Since preschool age, as is often the torturous plight of the youngest child in a family, I was forever being cast in the role of a practice audience for speeches, debate competitions, poetry recitations, talent contests, mock interviews, and cheerleader tryouts. Although I complained bitterly, this was actually relatively light …
Intermediate Sanctions In Sentencing Guidelines, Michael Tonry
Intermediate Sanctions In Sentencing Guidelines, Michael Tonry
Articles
No abstract provided.
Youth Violence In America, Mark H. Moore, Michael Tonry
Youth Violence In America, Mark H. Moore, Michael Tonry
Articles
No abstract provided.