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Articles 16471 - 16500 of 20079
Full-Text Articles in Entire DC Network
Idaho's Law School Plans For The Approaching Millennium, John A. Miller
Idaho's Law School Plans For The Approaching Millennium, John A. Miller
Articles
No abstract provided.
Law And The H-Bomb: Strengthening The Nonproliferation Regime To Impede Advanced Proliferation, Richard L. Williamson Jr.
Law And The H-Bomb: Strengthening The Nonproliferation Regime To Impede Advanced Proliferation, Richard L. Williamson Jr.
Articles
No abstract provided.
Reinventing The Government Corporation, A. Michael Froomkin
Reinventing The Government Corporation, A. Michael Froomkin
Articles
No abstract provided.
The Metaphor Is The Key: Cryptography, The Clipper Chip, And The Constitution, A. Michael Froomkin
The Metaphor Is The Key: Cryptography, The Clipper Chip, And The Constitution, A. Michael Froomkin
Articles
No abstract provided.
Aliquippa: The Company Town And Contested Power In The Construction Of Law, Kenneth M. Casebeer
Aliquippa: The Company Town And Contested Power In The Construction Of Law, Kenneth M. Casebeer
Articles
No abstract provided.
Denaturalizing The Lawyer-Statesman (Book Review), Anthony V. Alfieri
Denaturalizing The Lawyer-Statesman (Book Review), Anthony V. Alfieri
Articles
No abstract provided.
Constitutional Anomaly In The Czech Republic, A Special Reports, Cass R. Sunstein
Constitutional Anomaly In The Czech Republic, A Special Reports, Cass R. Sunstein
Articles
No abstract provided.
Free Speech And Democracy Proceedings: Keynote Address, Cass R. Sunstein
Free Speech And Democracy Proceedings: Keynote Address, Cass R. Sunstein
Articles
No abstract provided.
Five Theses On Originalism, Cass R. Sunstein
On The Expressive Function Of Law, Cass R. Sunstein
Problems With Rules, Cass R. Sunstein
Problems With Rules, Cass R. Sunstein
Articles
Many of the most difficult issues in law involve the choice between rules and rulelessness in cases where both seem unacceptable. The principal goal of this Article is to point the way toward a more refined understanding of the ideal of the rule of law, one that sees a degree of particularity, and a degree of law-making at the point of application, as important parts of that ideal. The Article defends a form of casuistry and describes the potentially democratic foundations of the casuistical enterprise in law. It begins by describing the distinctive advantages of rules and law via rules, …
Reinventing The Regulatory State, Cass R. Sunstein, Richard H. Pildes
Reinventing The Regulatory State, Cass R. Sunstein, Richard H. Pildes
Articles
No abstract provided.
The Idea Of A Useable Past, Cass R. Sunstein
Theodore I. Koskoff Lecture Series: Social Norms And Big Government, The Lecture, Cass R. Sunstein
Theodore I. Koskoff Lecture Series: Social Norms And Big Government, The Lecture, Cass R. Sunstein
Articles
No abstract provided.
Judicial Biography: History, Myth, Literature, Fiction, Potpourri Judicial Biography Symposium: Keynote, Philip B. Kurland
Judicial Biography: History, Myth, Literature, Fiction, Potpourri Judicial Biography Symposium: Keynote, Philip B. Kurland
Articles
No abstract provided.
Double Binds Facing Mothers In Abusive Families: Social Support Systems, Custody Outcomes, And Liability For Acts Of Others, Mary E. Becker
Double Binds Facing Mothers In Abusive Families: Social Support Systems, Custody Outcomes, And Liability For Acts Of Others, Mary E. Becker
Articles
No abstract provided.
Confirmation Messes, Old And New (Reviewing Stephen L. Carter, The Confirmation Mess (1994)), Elena Kagan
Confirmation Messes, Old And New (Reviewing Stephen L. Carter, The Confirmation Mess (1994)), Elena Kagan
Articles
No abstract provided.
Establishment And Toleration In Edmund Burke's Constitution Of Freedom, Michael W. Mcconnell
Establishment And Toleration In Edmund Burke's Constitution Of Freedom, Michael W. Mcconnell
Articles
No abstract provided.
Introduction Feature: Right After Communism: Introduction, Cass R. Sunstein
Introduction Feature: Right After Communism: Introduction, Cass R. Sunstein
Articles
No abstract provided.
Review Essay, Daniel J. Gifford
Antitrust And Trade Issues: Similarities, Differences, And Relationships, Daniel J. Gifford
Antitrust And Trade Issues: Similarities, Differences, And Relationships, Daniel J. Gifford
Articles
The recent negotiations establishing the World Trade Organiza- tion ("WTO") are the latest of a series which have progressively lowered trade barriers since the end of World War 11.1 As trade barriers have been lowered, trade has increased, moving the world inexorably towards the free-trade ideal where goods and services move in response to demand.' This, of course, is the most efficient allocation of the world's resources, and has the effect of maximizing the world's wealth.' Within the United States, the recognized role of the antitrust laws is to ensure that the market is free to allocate resources in response …
Federalism, Efficiency, The Commerce Clause, And The Sherman Act: Why We Should Follow A Consistent Free-Market Policy, Daniel J. Gifford
Federalism, Efficiency, The Commerce Clause, And The Sherman Act: Why We Should Follow A Consistent Free-Market Policy, Daniel J. Gifford
Articles
The focus of the dormant commerce clause is on free trade among the states. Indeed, the Supreme Court, borrowing from the vocabulary of European integration, frequently asserts that the dormant commerce clause calls for an American "common market." 1 Borrowing from the language of international trade, the Court invalidates state or local legislation which is "protectionist." 2 This focus is consistent with the purpose of the Framers, who sought to prevent economic barriers to trade from threatening the new political order established by the United States Constitution. Stated in a more positive vein, the free-trade objectives incorporated in the dormant …
The Jurisprudence Of Antitrust, Daniel J. Gifford
The Jurisprudence Of Antitrust, Daniel J. Gifford
Articles
ANTITRUST law is widely perceived to be the legal guardian of the competitive process. To the extent that it performs its role, the nation benefits. In the short-term, the nation benefits from a market process which efficiently allocates society's resources in accordance with consumer demand. In the long-term, the nation benefits as more efficient producers gradually replace less efficient producers, thus lowering the cost and increasing the supply of goods and services.
Judicial Waiver Policy And Practice: Persistence, Seriousness And Race, Marcy Rasmussen Podkopacz, Barry C. Feld
Judicial Waiver Policy And Practice: Persistence, Seriousness And Race, Marcy Rasmussen Podkopacz, Barry C. Feld
Articles
One of the most controversial contemporary criminal policy issues is whether serious or chronic young offenders should be tried and sentenced as juveniles or adults. Defining the boundary between juvenile and criminal courts depends upon the answers to a host of inter-related questions: Who are serious juvenile offenders? On the basis of what characteristics are they identified? Who should decide which system will deal with them and why? Does it make any difference, either symbolically or in terms of public safety, whether states try and sentence some youths as juveniles or adults? The diversity of legislative strategies to resolve these …
A Charitable Corporate Giving Justification For The Socially Responsible Investment Of Pension Funds: A Populist Argument For The Public Use Of Private Wealth, Edward S. Adams, Karl D. Knutsen
A Charitable Corporate Giving Justification For The Socially Responsible Investment Of Pension Funds: A Populist Argument For The Public Use Of Private Wealth, Edward S. Adams, Karl D. Knutsen
Articles
This Article proposes a novel justification for the socially responsible investment of pension funds based upon traditional principles of charitable corporate giving and populism. This Article asserts that the justifications employed by courts in the first half of the twentieth century to expand the direct benefit doctrine in the charitable corporate giving context provide a foundation for allowing socially responsible investing in the pension fund context today. In formulating this thesis, Part I of this Article surveys the present limitations placed upon pension fund fiduciaries in the context of socially responsible investing. Part II then describes the traditional legal model …
Strategic Approaches To Crime Prevention, Michael Tonry, David P. Farrington
Strategic Approaches To Crime Prevention, Michael Tonry, David P. Farrington
Articles
No abstract provided.
Sentencing Laws & Practices In France, Richard Frase
Lessons Of State Guideline Reforms, Richard Frase
Violent Youth And Public Policy: A Case Study Of Juvenile Justice Law Reform, Barry C. Feld
Violent Youth And Public Policy: A Case Study Of Juvenile Justice Law Reform, Barry C. Feld
Articles
The purpose of this article by Feld was to examine the work of Minnesota's Juvenile Justice Task Force of 1994 in light of policy, case law, and prior task force recommendations. The author, a member and co-chair of the Task Force, analyzed revisions in the Minnesota juvenile justice adjudicatory system as it converged juvenile and criminal court adjudication procedures and philosophy. Ultimately, the recommendations of the Task Force were presented and accepted by the Minnesota legislature, and subsequently included Minnesota's 1994 Juvenile Crime Bill.
State Sentencing Guidelines: Still Going Strong, Richard Frase
State Sentencing Guidelines: Still Going Strong, Richard Frase
Articles
No abstract provided.