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Articles 16051 - 16080 of 20079
Full-Text Articles in Entire DC Network
Who’S Afraid Of Humpty Dumpty: Deconstructionist References In Judicial Opinions, Madeleine M. Plasencia
Who’S Afraid Of Humpty Dumpty: Deconstructionist References In Judicial Opinions, Madeleine M. Plasencia
Articles
This Article examines the treatment of deconstruction in United States judicial opinions.' A handful of cases have directly referred to the French philosopher and literary theorist, Jacques Derrida.2 In each of these cases, the court has rejected Derrida's philosophy, apparently out of a fear that recognition of any legitimacy of Derrida's thoughts would lead to the self-destruction of the legal world. These courts have misunderstood that consideration or recognition of Derrida's philosophy in the legal context would not unavoidably lead to the end of all meaningful legal discourse in the United States. A discussion of these cases will serve as …
The Inter-Subjectivity Of Objective Justice: A Theory And Praxis For Constructing Latcrit Coalitions, Elizabeth M. Iglesias
The Inter-Subjectivity Of Objective Justice: A Theory And Praxis For Constructing Latcrit Coalitions, Elizabeth M. Iglesias
Articles
No abstract provided.
Distributed Detection With Multiple Sensors: Part I—Fundamentals, Ramanarayanan Viswanathan, Pramod K. Varshney
Distributed Detection With Multiple Sensors: Part I—Fundamentals, Ramanarayanan Viswanathan, Pramod K. Varshney
Articles
In this paper, basic results on distributed detection are reviewed. In particular, we consider the parallel and the serial architectures in some detail and discuss the decision rules obtained from their optimization based on the Neyman–Pearson (NP) criterion and the Bayes formulation. For conditionally independent sensor observations, the optimality of the likelihood ratio test (LRT) at the sensors is established. General comments on several important issues are made including the computational complexity of obtaining the optimal solutions, the design of detection networks with more general topologies, and applications to different areas.
Minority Discounts, Fair Market Value, And The Culture Of Estate Taxation, William S. Blatt
Minority Discounts, Fair Market Value, And The Culture Of Estate Taxation, William S. Blatt
Articles
No abstract provided.
Corporate Philanthropy And Campaign Finance: Exempt Organizations As Corporate-Candidate Conduits, Frances R. Hill
Corporate Philanthropy And Campaign Finance: Exempt Organizations As Corporate-Candidate Conduits, Frances R. Hill
Articles
No abstract provided.
Family Businesses And The Business Of Families: A Consideration Of The Role Of The Lawyer Symposium - The Intersecting Institutions Of Marriage: Conflicts And Consequences, Steven H. Hobbs, Fay Wilson Hobbs
Family Businesses And The Business Of Families: A Consideration Of The Role Of The Lawyer Symposium - The Intersecting Institutions Of Marriage: Conflicts And Consequences, Steven H. Hobbs, Fay Wilson Hobbs
Articles
No abstract provided.
Why Universities Are Morally Obligated To Strive For Diversity: Restoring The Remedial Rationale For Affirmative Action Affirmative Action: Diversity Of Opinions, Richard Delgado
Articles
No abstract provided.
Rodrigo's Book Of Manners: How To Conduct A Conversation On Race - Standing, Imperial Scholarship, And Beyond Chronicle, Richard Delgado
Rodrigo's Book Of Manners: How To Conduct A Conversation On Race - Standing, Imperial Scholarship, And Beyond Chronicle, Richard Delgado
Articles
No abstract provided.
Rodrigo's Fourteenth Chronicle: American Apocalypse Symposium: Bowers + Ten: Litigation, Legislation, And Community Activism, Richard Delgado
Rodrigo's Fourteenth Chronicle: American Apocalypse Symposium: Bowers + Ten: Litigation, Legislation, And Community Activism, Richard Delgado
Articles
No abstract provided.
The Lawyer's Duties Of Confidentiality And Avoidance Of Harm To Others: Lessons From Sunday School Symposium: The Relevance Of Religion To A Lawyer's Work: An Interfaith Conference: General Responses To The Conference, Steven H. Hobbs
Articles
No abstract provided.
Affirmative Action: Diversity Of Opinions - An Overview Of The Colorado Law Review Symposium Affirmative Action: Diversity Of Opinions - Overview, Jean Stefancic
Articles
No abstract provided.
Is There A Right To Physician-Assisted Suicide, J. David Bleich
Is There A Right To Physician-Assisted Suicide, J. David Bleich
Articles
No abstract provided.
Economically Targeted Investments: A Critical Analysis, Edward A. Zelinsky
Economically Targeted Investments: A Critical Analysis, Edward A. Zelinsky
Articles
No abstract provided.
United States Ratification Of The Convention On The Elimination Of All Forms Of Discrimination Against Women, Malvina Halberstam
United States Ratification Of The Convention On The Elimination Of All Forms Of Discrimination Against Women, Malvina Halberstam
Articles
No abstract provided.
Computer Science Concepts In Copyright Cases: The Path To A Coherent Law, Marci A. Hamilton, Ted Sabety
Computer Science Concepts In Copyright Cases: The Path To A Coherent Law, Marci A. Hamilton, Ted Sabety
Articles
No abstract provided.
Game Theory And Nonrefundable Retainers: A Response To Professors Croson And Mnookin, Lester Brickman, Lawrence A. Cunningham
Game Theory And Nonrefundable Retainers: A Response To Professors Croson And Mnookin, Lester Brickman, Lawrence A. Cunningham
Articles
In the inaugural issue of the Harvard Negotiation Law Review, Professors David Croson and Robert Mnookin attempt a game-theoretic defense of the nonrefundable retainer. A nonrefundable retainer is an attorney fee arrangement that requires a client to pay her lawyer a specified dollar amount in advance and entitles the lawyer to keep the fee even if he does no work. For nearly a decade, we have argued that nonrefundable retainers are unethical as a matter of professional responsibility and unenforceable as a matter of law. In the last few years, numerous courts have evaluated the enforceability of these agreements, choosing …
Rake's Progress: Cure And Reinstatement Of Secured Claims In Bankruptcy Reorganization, David G. Carlson
Rake's Progress: Cure And Reinstatement Of Secured Claims In Bankruptcy Reorganization, David G. Carlson
Articles
No abstract provided.
Kinetic Vs. Thermodynamic Control In The Dehydration Of 2-Methylcyclopentanol, Thomas Poon, Bradford Mundy, Jean Mcintyre
Kinetic Vs. Thermodynamic Control In The Dehydration Of 2-Methylcyclopentanol, Thomas Poon, Bradford Mundy, Jean Mcintyre
Articles
A two part organic laboratory experiment illustrating the Grignard reaction and the concept of kinetic versus thermodynamic control is described. The reaction of phenylmagnesium bromide with 2-methylcyclopentanone yileds an unsymmetrical benzylic alcohol which can be dehydrated using toluenesulfonic acid to give predominately the less substituted alkene. Application of heat to the reaction mixture over a period of two hours reverses the trend to give the more substituted alkene as the major product in 91% relative yield. The dehydration is monitored by GC/MS and the experiment can be performed using macro and microscale techniques.
The Arts Show Audience: Cultural Confidence And Middlebrow Arts Consumption, Brian O'Neill
The Arts Show Audience: Cultural Confidence And Middlebrow Arts Consumption, Brian O'Neill
Articles
The arts constitute a form of cultural consumption that has been relatively neglected in recent academic discourse in comparison to the burgeoning literature of cultural studies dedicated to popular and mass media forms of culture. This emphasis within cultural studies on popular genres over traditional forms of art, what has been labelled its ‘cultural populism’ (Mc Guigan, 1992), systematically emphasises common, ordinary taste and resistant aesthetic strategies while denigrating ‘high culture’ as an elitist, middle class leisure pursuit that has little relevance to most people (Willis, 1990). Going against this populist tide, this chapter argues that an examination of popular …
Making Sausage: The Ninth Circuit's Opinion, Carl E. Schneider
Making Sausage: The Ninth Circuit's Opinion, Carl E. Schneider
Articles
As I write, the Supreme Court has just agreed to hear Compassion in Dying v. Washington and Quill v. Vacco, the two cases in which United States circuit courts of appeals held that a state may not constitutionally prohibit physicians from helping a terminally ill person who wishes to commit suicide to do so. These cases have already received lavish comment and criticism, and no doubt the Supreme Court's opinion will garner even more. Reasonably enough, most of this analysis addresses the merits of physician-assisted suicide as social policy. I, here, want to talk about how setting bioethical policy …
Why Civil Cases Go To Trial: Strategic Bargaining And The Desire For Vindication, Samuel R. Gross, Kent D. Syverud
Why Civil Cases Go To Trial: Strategic Bargaining And The Desire For Vindication, Samuel R. Gross, Kent D. Syverud
Articles
When negotiations break down and a dispute cannot be settled, attorneys commonly blame their adversaries, often questioning their ethics or their judgment. After interviewing many attorneys, we have come to believe much of the criticism is directed at strategic moves in negotiation. But strategic ploys are not the only reason dispute resolution fails. Rather, our research also suggest that a genuine desire for vindication through trial or other formal process may be very significant in some types of cases where bargaining breaks down.
Going To Trial: A Rare Throw Of The Die, Samuel R. Gross, Kent D. Syverud
Going To Trial: A Rare Throw Of The Die, Samuel R. Gross, Kent D. Syverud
Articles
If it is true, as we often hear, that we are one of the most litigious societies on earth, it is because of our propensity to sue, not our affinity for trials. Of the hundreds of thousands of civil lawsuits that are filed each year in America, the great majority are settled; of those that are not settled, most are ultimately dismissed by the plaintiffs or by the courts; only a few percent are tried to a jury or a judge. This is no accident. We prefer settlements and have designed a system of civil justice that embodies and expresses …
The Cathedral' At Twenty-Five: Citations And Impressions, James E. Krier, Stewart J. Schwab
The Cathedral' At Twenty-Five: Citations And Impressions, James E. Krier, Stewart J. Schwab
Articles
It was twenty-five years ago that Guido Calabresi and Douglas Melamed published their article on property rules, liability rules, and inalienability' Calabresi, then a law professor, later a dean, is now a federal judge. Melamed, formerly a student of Calabresi's, is now a seasoned Washington attorney. Their article-which, thanks to its subtitle, we shall call The Cathedral-has had a remarkable influence on our own thinking, as we tried to show in a recent paper2 This is not the place to rehash what we said then, but a summary might be in order. First, we demonstrated that the conventional wisdom about …
Why Mandatory Arbitration May Benefit Workers, Theodore J. St. Antoine
Why Mandatory Arbitration May Benefit Workers, Theodore J. St. Antoine
Articles
Would employees-including union employees-be better off with mandatory arbitration, even of statutory employment claims? The answer to this important question should depend less on abstract notions about the importance of statutory claims and the sanctity of the right to a jury trial, and more on a pragmatic assessment of what is likely to be best for the great majority of workers. Employing this type of analysis, which would take into account an overworked, underfunded Equal Employment Opportunity Commission, backlogged court dockets and other practical problems, my view is that most employees might well be better off with mandatory arbitration, provided …
Selecting And Designing Effective Legal Writing Problems, Grace C. Tonner, Diana Pratt
Selecting And Designing Effective Legal Writing Problems, Grace C. Tonner, Diana Pratt
Articles
Legal research and writing courses are unlike most substantive first year law school classes in that they teach using the problem method. The success of a legal writing course depends on the quality of the problems. The purpose of this article is to provide some guidance for legal writing professors in designing legal writing problems. The article addresses (1) general considerations in problem design, (2) designing expository problems, (3) designing persuasive problems, and (4) sources of problems. In the first section, we discuss problem design as it relates to the overall goals for teaching the basic forms of legal analysis, …
Polygamy And Same-Sex Marriage, David L. Chambers
Polygamy And Same-Sex Marriage, David L. Chambers
Articles
In the American federal system, state governments bear the responsibility for enacting the laws that define the persons who are permitted to marry. The federal government, throughout our history, has accepted these definitions and built upon them, fixing legal consequences for those who validly marry under state law. Only twice in American history has Congress intervened to reject the determinations that states might make about who can marry. The first occasion was in the late nineteenth century when Congress enacted a series of statutes aimed at the Mormon Church, prohibiting polygamy in the Western territories and punishing the Church and …
Irrelevance, Minimal Relevance, And Meta-Relevance (Response To David Crump), Richard D. Friedman
Irrelevance, Minimal Relevance, And Meta-Relevance (Response To David Crump), Richard D. Friedman
Articles
Professor Crump's analysis runs the full traverse from academic theorizing to practical observation. I will attempt to follow him over the same course, addressing three questions among the congeries that he raises. First, is it true that all evidence satisfies the minimalist definition of relevance? Second, should evidentiary codes include a tighter definition of relevance? Third, how should we assess lawyers' use of evidence that, loosely speaking, is irrelevant?
Group Agency And Group Rights, James W. Nickel
Introduction To Panel Five: The Inter-Subjectivity Of Objective Justice: A Theory And Praxis For Constructing Latcrit Coalitions, Elizabeth M. Iglesias
Introduction To Panel Five: The Inter-Subjectivity Of Objective Justice: A Theory And Praxis For Constructing Latcrit Coalitions, Elizabeth M. Iglesias
Articles
No abstract provided.
Describing Ideals Of Endomorphism Rings, Brendan Goldsmith, Simone Pabst
Describing Ideals Of Endomorphism Rings, Brendan Goldsmith, Simone Pabst
Articles
No abstract available.