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Articles 16381 - 16410 of 20079
Full-Text Articles in Entire DC Network
Some Realism About Legal Surrealism, Jeanne L. Schroeder
Some Realism About Legal Surrealism, Jeanne L. Schroeder
Articles
The article challenges the traditional understanding of possession in property law, arguing that the concept is increasingly inadequate due to its reliance on physical metaphors that fail to account for intangible assets and noncustodial interests. It advocates for a shift toward an abstract, Hegelian approach, emphasizing legal recognition and control over physical custody, particularly in the context of modern commercial transactions governed by the Uniform Commercial Code (UCC).
The Original Constitution And Our Origins, John O. Mcginnis
The Original Constitution And Our Origins, John O. Mcginnis
Articles
The question why we should be bound by the original Constitution often is framed as why we should be guided by the dead hand of the past. The notion that this venerable document should be viewed as a possibly unfortunate constraint on our present potential as a society contains an implicit premise about man in history. According to this view, it is open to man to make his history in each generation through some collective cultural process. Given such a premise, it seems plausible to believe that each generation should enjoy the opportunity to decide anew whether to submit to …
Art Speech, Marci A. Hamilton
Art Speech, Marci A. Hamilton
Articles
Although many scholars have been in favor of providing first amendment protection for art, no one has offered a justification for its constitutional protection suited to art's singular capacities. Rather, commentators and courts have been inclined to place art under the rubric of general speech, which limits protection to ideas and content. Professor Hamilton argues that art offers significantly more than its content and deserves first amendment protection tailored to its particular potential. Art enables individuals to experience unfamiliar worlds and thereby to gain new perspectives on the prevailing status quo, including the government's. It performs this function without exposing …
Measured Stark Widths Of A 425,94 Nm Ari Spectral Line, Ljiljana Skuljan, Vladimir Milosavljevic, Aleksandar Sreckovic, Stevan Djenize
Measured Stark Widths Of A 425,94 Nm Ari Spectral Line, Ljiljana Skuljan, Vladimir Milosavljevic, Aleksandar Sreckovic, Stevan Djenize
Articles
No abstract provided.
The International Implications Of Tax Reform, Reuven Avi-Yonah
The International Implications Of Tax Reform, Reuven Avi-Yonah
Articles
This article examines the U.S. tax consequences of the use of derivative instruments in international financing transactions. The outline focuses in large part on the inconsistent U.S. tax treatment that results &om the use of various derivative financial instruments in cross-border financing transactions and the resulting implications for U.S. withholding taxes on ordinary equity and debt investments.
The Constitutionality Of Legislative Supermajority Requirements: A Defense, John O. Mcginnis, Michael B. Rappaport
The Constitutionality Of Legislative Supermajority Requirements: A Defense, John O. Mcginnis, Michael B. Rappaport
Articles
No abstract provided.
From Consumer Choice To Consumer Welfare, Carl E. Schneider
From Consumer Choice To Consumer Welfare, Carl E. Schneider
Articles
In trying to understand the I SUPPORT study, it may be useful to think of contemporary bioethics reform in terms of the principles of consumer protection. The central tendency of that reform (particularly in my own field-the law) has been to employ the model of consumer choice. That model sets as its purpose to allow consumers to choose the kinds of products they prefer. It seeks to accomplish that purpose primarily by supplying consumers the information they need to make choices and by insisting that they are given what they chose. Thus, for example, merchants may be required to reveal …
Chix Nix Bundle-O-Stix: A Feminist Critique Of The Disaggregation Of Property, Jeanne L. Schroeder
Chix Nix Bundle-O-Stix: A Feminist Critique Of The Disaggregation Of Property, Jeanne L. Schroeder
Articles
Jeanne Schroeder's article critiques the traditional "bundle of sticks" metaphor of property theory, arguing that it erodes property's unity and essence. She integrates insights from Hegel and Lacan to propose a more cohesive understanding of property, emphasizing its role in mediating human interactions and freedom. Schroeder challenges gendered power dynamics in property theory and advocates for a feminist reimagining of property that transcends outdated metaphors.
Response To Clark Freshman, Were Patricia Williams And Ronald Dworkin Separated At Birth?, Richard A. Posner
Response To Clark Freshman, Were Patricia Williams And Ronald Dworkin Separated At Birth?, Richard A. Posner
Articles
No abstract provided.
Nonrefundable Retainers: A Response To Critics Of The Absolute Ban, Lester Brickman, Lawrence A. Cunningham
Nonrefundable Retainers: A Response To Critics Of The Absolute Ban, Lester Brickman, Lawrence A. Cunningham
Articles
In the short span of time since the New York Court of Appeals banned nonrefundable retainers, numerous other courts have joined in prohibiting this widespread practice of lawyers charging a fee for services in advance and keeping the fee even if the services are not performed. The alacrity with which the New York rule is being embraced may reflect increased judicial recognition of the effect of egregious fee practices on the image of the bar and the role such practices play in the declining esteem in which the legal profession is held. Not only has there been a sharp decline …
Grace Is Everywhere, Eamon Maher
Grace Is Everywhere, Eamon Maher
Articles
Marerial reproduced by kind permission of Doctrine and Life.
Chp And Energy Conservation, Jim Mcgovern
Chp And Energy Conservation, Jim Mcgovern
Articles
The principles of the use of 'combined heat and power' (CHP) for the achievement of fuel energy conservation, minimisation of environmental impact and economic advantage are explained. A distinction is made between the two types of outputs: heat and work. It is argued that an efficiency value that is defined as the sum of the heat and work outputs divided by the energy of the fuel used is not very meaningful. An alternative, rational, efficiency is explained. It is concluded that CHP is an option to be considered where both heating and power are required, but is not a general …
Testing Colour-Appearance Models: Guidelines For Coordinated Research, Mark Fairchild
Testing Colour-Appearance Models: Guidelines For Coordinated Research, Mark Fairchild
Articles
These guidelines provide an overview of the many issues involved in generating visual data that can be used to evaluate the performance of colour-appearance models. the three main sections of these guidelines outline the parameters that must be evaluated and controlled in experimental setups for colour-appearance experiments, suggested psychophysical techniques for gathering the data, and some suggested techniques for data analysis. Experimental parameters addressed include models to be tested, illumination conditions, background and surround conditions, types of stimuli to be used, and issues relating to viewing technique. the psychophysical techniques of magnitude estimation, matching, and direct model testing (paired comparison) …
Robustness Of Decentralized Tests With Ε-Contamination Prior, Chandrakanth H. Gowda, R. Viswanathan
Robustness Of Decentralized Tests With Ε-Contamination Prior, Chandrakanth H. Gowda, R. Viswanathan
Articles
We consider a decentralized detection problem where the prior density is not completely known, but is assumed to belong to an ε-contamination class. The expressions for the infimum and the supremum of the posterior probability that the parameter under question is in a given region, as the prior varies over the ε-contamination class, are derived. Numerical results are obtained for a specific case of an exponentially distributed observation and an exponentially distributed nominal prior. Asymptotic (as number of sensors tends to a large value) results are also obtained. The results illustrate the degree of robustness achieved with quantized observations as …
Reforming Cocaine Sentencing: The New Commission Speaks, David Yellen
Reforming Cocaine Sentencing: The New Commission Speaks, David Yellen
Articles
No abstract provided.
Rents In Bankruptcy, David G. Carlson
Rents In Bankruptcy, David G. Carlson
Articles
The article examines the treatment of rent receivables in bankruptcy proceedings, focusing on the tension between secured creditors' rights and the trustee's powers. It argues that rent receivables should be treated as security interests rather than absolute transfers to prevent unfair forfeitures and ensure debtors can use these funds for reorganization under adequate protection.
Jean Sulivan : Champion Of The Marginalised, Eamon Maher
Jean Sulivan : Champion Of The Marginalised, Eamon Maher
Articles
Material reproduced by kind permission of The Month
Freedom And Criminal Responsibility In The Age Of Pound: An Essay On Criminal Justice, Thomas A. Green
Freedom And Criminal Responsibility In The Age Of Pound: An Essay On Criminal Justice, Thomas A. Green
Articles
The concept of freedom has two main aspects: political liberty and freedom of the will. I am concerned here with the latter, although - as these two aspects of freedom are not entirely unrelated to each other - I shall touch also on the former. Enough has been written from a philosophical perspective on the relationship between free will and the law that it is not easy to justify yet another such undertaking. But there may still be room for some informal observations on the manner in which doubts about the concept of freedom of the will affected discussion of …
Hugo Black Among Friends, Dennis J. Hutchinson
On The Duties And Rights Of Parents, Carl E. Schneider
On The Duties And Rights Of Parents, Carl E. Schneider
Articles
The law of the family is the law of the absurd. Law is a system of rules administered institutionally, and thus it must treat people categorically. When law regulates economic life, it finds people at arguably their most schematic, motivated-perhaps-by a relatively unitary conception of their interest pursued in relatively rational ways. But in family life, people are at their least schematic and at their most frustratingly human, various, idiosyncratic, irrational, and perverse, and the law's efforts to affect them are thus often quixotic. In Parents as Fiduciaries, 1 Professor Scott and Dean Scott strikingly and boldly deploy the …
Power, Responsibility, And Republican Democracy, Marci A. Hamilton
Power, Responsibility, And Republican Democracy, Marci A. Hamilton
Articles
No abstract provided.
If Everything Is Adhd Then...Teachers' Confusion Of Adhd With Other Disorders, M. Ortolani, Morton Isaacs, Virginia Costenbader
If Everything Is Adhd Then...Teachers' Confusion Of Adhd With Other Disorders, M. Ortolani, Morton Isaacs, Virginia Costenbader
Articles
The ability of Special Education teachers (SET) and Regular Education teachers (RET) to accurately identify and distinguish the characteristics of Attention Deficit Hyperactivity Disorder (ADHD) from those of other childhood behavior disorders was examined. Both SET and RET teachers were able to identify a majority of ADHD characteristics ; however, both groups were poor in differentiating ADHD characteristics from those of other disorders, with SET showing more incorrect assignment of problem behavior than RET (p<.01). Neither pre-service nor in-service training correlated significantly with the ability to accurately identify ADHD characteristics. The general lack of skill in the discrimination of ADHD from other behavior problems by both SET and RET teachers strongly suggests the need for better pre-service or in-service training.
Dublin Olympic Village Masterplan, Noel Brady, Richard Hurley
Dublin Olympic Village Masterplan, Noel Brady, Richard Hurley
Articles
Description of speculative urban masterplan for an olympic village in dublin docklands, joint research project between NJBA A+U and Richard Hurley & Assoicates
The Limits Of Lieber, Lawrence Lessig
Accountability And Mandates: Redefining The Problem Of Federal Spending Conditions, Edward A. Zelinsky
Accountability And Mandates: Redefining The Problem Of Federal Spending Conditions, Edward A. Zelinsky
Articles
No abstract provided.
Debt Collection As Rent Seeking, David G. Carlson
Debt Collection As Rent Seeking, David G. Carlson
Articles
The article presents an economic theory of debt collection, arguing that it can be viewed as a form of rent-seeking behavior where creditors extract wealth without adding economic value. The author, David Gray Carlson, posits that legal frameworks such as Article 9 of the Uniform Commercial Code and bankruptcy laws are crucial in preventing local monopolies and promoting a competitive national credit market. These mechanisms reduce information asymmetry and prevent local creditors from exploiting debtors, thereby benefiting debtors and fostering economic efficiency.
Law As Discourse: Bridging The Gap Between Democracy And Rights, Michel Rosenfeld
Law As Discourse: Bridging The Gap Between Democracy And Rights, Michel Rosenfeld
Articles
No abstract provided.
On The 'Fruits' Of Miranda Violations, Coerced Confessions, And Compelled Testimony, Yale Kamisar
On The 'Fruits' Of Miranda Violations, Coerced Confessions, And Compelled Testimony, Yale Kamisar
Articles
Professor Akhil Reed Amar and Ms. Renee B. Lettow have written a lively, provocative article that will keep many of us who teach constitutional-criminal procedure busy for years to come. They present a reconception of the "first principles" of the Fifth Amendment, and they suggest a dramatic reconstruction of criminal procedure. As a part of that reconstruction, they propose, inter alia, that at a pretrial hearing presided over by a judicial officer, the government should be empowered to compel a suspect, under penalty of contempt, to provide links in the chain of evidence needed to convict him.
Reading One Poet In Light Of Another: Herbert And Frost, James Boyd White
Reading One Poet In Light Of Another: Herbert And Frost, James Boyd White
Articles
In this paper I wish both to draw certain connections between Herbert and Frost and at the same time to say something in a general way about the process by which such connections can be made. It is with the latter question that I begin. Once the relation between two writers would have been thought of mainly in terms of "influence." And one might indeed argue that Herbert did have significant influence on Frost's poetic practice — if not directly, for Frost was not a great reader of Herbert, then indirectly, through Emerson, who was in many ways Frost's master …
Understanding Changed Readings: Fidelity And Theory, Lawrence Lessig
Understanding Changed Readings: Fidelity And Theory, Lawrence Lessig
Articles
In this article, Professor Lessig proposes a theory to explain how new readings of the Constitution may maintain fidelity with past understandings of the document's meaning and purpose. After defining schematically some terminology for this exercise in "fidelity theory," the author proposes a general typology of four justifications for changed constitutional readings: amendment, synthesis, fact translation, and structural translation. Describing this last justification as so far overlooked, he illustrates, by way of four historical case studies, how structural translation results from a pragmatic institutional response by judges to subtle changes in interpretive context-changes both in what Professor Lessig calls the …