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Articles 16681 - 16710 of 20079
Full-Text Articles in Entire DC Network
The President And The Administration, Cass R. Sunstein, Lawrence Lessig
The President And The Administration, Cass R. Sunstein, Lawrence Lessig
Articles
No abstract provided.
Race And The War On Drugs, Michael Tonry
The Damaging Impact Of The Eastman Kodak Precedent Upon Product Competition: Antitrust Law In Need Of Correction, Daniel J. Gifford
The Damaging Impact Of The Eastman Kodak Precedent Upon Product Competition: Antitrust Law In Need Of Correction, Daniel J. Gifford
Articles
In the dynamic markets of the present day, competition is the driving force behind the widespread and pervasive development of new products and new product capabilities. Innovative activity, which is especially manifest in the high-technology sectors, contributes significantly to national economic well-being. 1 Yet the courts, the bar, and most legal scholars have given inadequate attention to the critical role that antitrust rules can play in encouraging or stifling innovative activity. 2 Rather, a good deal of the traditional antitrust literature has focused narrowly upon price and output in relatively static market settings, and the newer strategic behavior branch of …
Labor Law And Its Reform, Daniel J. Gifford
Labor Law And Its Reform, Daniel J. Gifford
Articles
U.S. private sector unionism is in decline. From a high watermark in 1953 of around 35.7% of the private nonagricultural workforce, union membership has fallen to 11.5% and unions represent under 13% of private sector workers. 1 Absent reform of the labor relations system, the trend is clear. Unions will remain a significant force in government employment, big-city commercial construction, rail and air transportation, and certain shrinking mining and manufacturing industries. Aside from these pockets of unionism, however, workplace-based representation of the interests of working people will become a distinctly marginal phenomenon in our society.
Interpersonal Distrust In The Modified Rawlsian Society, Daniel J. Gifford
Interpersonal Distrust In The Modified Rawlsian Society, Daniel J. Gifford
Articles
JOHN RAWLS, the author of the widely acclaimed A Theory of Justice, 1 has modified and supplemented his theory of the just society in his new book Political Liberalism. Rawls's theory of justice, which he calls "justice as fairness," continues to consist essentially of two principles: a liberty principle under which each person is entitled to the maximum possible liberty consistent with equal liberty for others, and a difference principle, under which social and economic inequalities are justified only to the extent that they contribute to raising the absolute level of well being of the least advantaged class over the …
Corporate Cooperation, Relationship Management, And The Trialogical Imperative For Corporate Law, John H. Matheson, Brent A. Olson
Corporate Cooperation, Relationship Management, And The Trialogical Imperative For Corporate Law, John H. Matheson, Brent A. Olson
Articles
For large publicly held corporations, “corporate governance,” a common term in current law review articles, is an outdated term. It is outdated because it emphasizes the tensions and power struggles between corporate constituencies and implies an inevitable and immutable governance tug-of-war. It is also outdated because it masks the economic reality of the corporate enterprise: that the raison d’etre of large publicly held corporations is to maximize “longterm shareholder” and corporate value. Finally, it is outdated because today’s globally competitive marketplace requires a corporate focus on long-term performance rather than on divisive factionalism. Accordingly, this Article suggests steps toward minimizing …
From Tax-Favored To Tax-Penalized: The Challenge Of Estate Planning For Qualified Plan Benefits In The Face Of Shifting Federal Tax Policy, Robert Stein
Articles
Lawyers face a difficult challenge in effectively planning for their clients' estates in light of the constant shifts in federal tax policy. No area of tax law illustrates this challenge better than the law governing the estate taxation of qualified plan benefits. Even within a single tax act, the policy decisions often are inconsistent. In a recent law review article, Charles McLure described this phenomenon in the following manner: Even if Congress begins its deliberations with a menu of proposals that are defensible on policy grounds, at some point, the process is likely to become driven by revenue estimates, rather …
Seeking Relations: Law And Feminism Roundtables, Mary Louise Fellows, Sherene Razack
Seeking Relations: Law And Feminism Roundtables, Mary Louise Fellows, Sherene Razack
Articles
Currently the rhetoric of difference and diversity among women dominates discussions in legal feminism about where women stand in relation to each other. The words difference and diversity organize the relationship among women in ways that can eclipse the differential impact of ableism, economic exploitation, heterosexism, racism, and sexism in women's lives. Differences among women are taken into account, for example, in the recognition that some women are doubly and triply disadvantaged. Ultimately, however, the multiple ways in which we as women actually are implicated in maintaining structures of domination in each other's lives can remain uninterrogated. Consequently, while women …
Conferring On The Maccrate Report: A Clinical Gaze, Beverly Balos
Conferring On The Maccrate Report: A Clinical Gaze, Beverly Balos
Articles
The MacCrate Report' provides a strong statement about the need for legal education to take seriously its responsibility for training students in the values of the profession and skills of legal practice. It is this central focus of the Report that makes it of interest to those of us who recognize the particular contribution clinical education makes to legal training. The Task Force, appointed and supported by the American Bar Association's influential Section on Legal Education and Admissions to the Bar, affirmed in its Report the importance of clinical education and the vital role it can play in the training …
Unesco Human Rights Procedure: An Evaluation, David Weissbrodt, Rose Farley
Unesco Human Rights Procedure: An Evaluation, David Weissbrodt, Rose Farley
Articles
Analysis of United Nations Educational, Scientific, and Cultural Organization (UNESCO) human rights review procedures and cases within the UNESCO process indicates that many violations are not being addressed effectively. Improvements to the procedures should include implementing fast track and expedited procedures for certain cases, looking for complete solutions to violations, making the Committee on Conventions and Recommendations smaller and less politicized, allowing major abuses to be referred to the Director-General and defining the phases of the review process more clearly.
United States Human Rights Policy In International Organizations, David Weissbrodt
United States Human Rights Policy In International Organizations, David Weissbrodt
Articles
I was privileged to serve as a public member of the United States delegation to the United Nations Commission on Human Rights which met February 1 to March 12, 1993. I can speak about my expe- rience on that delegation, but it is very difficult to extrapolate from my six weeks of work in Geneva to a broad sense of the Clinton Adminis- tration policy.
Premarital And Postmarital Agreements In Minnesota, Judith T. Younger, William E. Mullin
Premarital And Postmarital Agreements In Minnesota, Judith T. Younger, William E. Mullin
Articles
No abstract provided.
The Role Of Legal Education In Instilling An Ethos Of Public Service Among Law Students: Towards A Collaboration Between The Profession And The Academy On Professional Values, Stephen F. Befort, Eric Janus
The Role Of Legal Education In Instilling An Ethos Of Public Service Among Law Students: Towards A Collaboration Between The Profession And The Academy On Professional Values, Stephen F. Befort, Eric Janus
Articles
n the United States, a significant part of the debate over passage of the North American Free Trade Agreement (NAFTA) focused on the agreement's potential effects on the American worker. United States labor organizations and their congressional supporters opposed NAFTA based on their belief that Mexico's low wages and minimal worker protection would entice U.S. companies to move to Mexico, resulting in a loss of American jobs. An underlying assumption of their argument was that Mexican labor laws were either inadequate to protect workers' interests or inadequately enforced.
Tuairiscí Ón Ind Agus Ón Afraic, Máirtín Mac Con Iomaire, Linda Byrne
Tuairiscí Ón Ind Agus Ón Afraic, Máirtín Mac Con Iomaire, Linda Byrne
Articles
Dhá ghearrscéal scríobha ag Máirtín Mac Con Iomaire agus maisithe ag Linda Byrne. 'Bás, Beatha agus Time Magazine' - scéal faoi eachtra a thárla do Bheilgeach agus é ag taisteal san Ind in 1993. 'Míriúlt an Mara' - cur síos ar thuras ó Nairobi, Kenya, go dtí an Masai Mara in 1993.
Interpreting Oriental Cases: The Law Of Alterity In The Colonial Courtroom, Kunal Parker
Interpreting Oriental Cases: The Law Of Alterity In The Colonial Courtroom, Kunal Parker
Articles
No abstract provided.
The Future Of The United Nations Convention On The Law Of The Sea, John R. Stevenson, Bernard H. Oxman
The Future Of The United Nations Convention On The Law Of The Sea, John R. Stevenson, Bernard H. Oxman
Articles
No abstract provided.
Comparison Of Self Pulsation In Multisection Lasers With Distributed Feedback And Intracavity Satuarable Absorbers, P. Phelan, D. Mcdonald, A. Egan, Joe Hegarty, R. O'Dowd, Gerald Farrell, S. Lingren
Comparison Of Self Pulsation In Multisection Lasers With Distributed Feedback And Intracavity Satuarable Absorbers, P. Phelan, D. Mcdonald, A. Egan, Joe Hegarty, R. O'Dowd, Gerald Farrell, S. Lingren
Articles
The authors report a comparison of the self-pulsing characteristics of two types of semiconductor laser. They show that the self-pulsing frequency of the DFB laser is decoupled from the resonance frequency. They discuss the various characteristics, their significance in relation to optical synchronisation, and use the results to suggest a possible explanation for the mechanism for self-pulsation in the DFB laser.
A Matter Of Opinion: Milkovich Four Years Later, Kathryn D. Sowle
A Matter Of Opinion: Milkovich Four Years Later, Kathryn D. Sowle
Articles
No abstract provided.
Habermas And The Public Sphere By Craig Calhoun (Book Review), David Abraham
Habermas And The Public Sphere By Craig Calhoun (Book Review), David Abraham
Articles
No abstract provided.
Fast Tcm Decoding: Phase Quantization And Integer Weighting, Frank Carden, Michael D. Ross, Brian T. Kopp, William P. Osborne
Fast Tcm Decoding: Phase Quantization And Integer Weighting, Frank Carden, Michael D. Ross, Brian T. Kopp, William P. Osborne
Articles
TCM, combining modulation and coding, achieves coding gains over conventional uncoded multilevel modulation without the attendant bandwidth expansion. Since TCM was proposed Ungerboeck (1982, 1987) substantial work has done in this area. A large portion of the TCM work has been in the area of high-speed data transmission over voice grade modems using quadrature amplitude modulation, QAM. QAM, not having a constant envelope, is unattractive for employing a TWT with its nonlinear behavior as the power stage. Additional work has been done in utilizing M-ary PSK with TCM. Simulations by Taylor and Chan (1981) utilizing a 4-state convolutional code demonstrated …
Rodrigo's Ninth Chronicle: Race, Legal Instrumentalism, And The Rule Of Law, Richard Delgado
Rodrigo's Ninth Chronicle: Race, Legal Instrumentalism, And The Rule Of Law, Richard Delgado
Articles
No abstract provided.
Stark Karst 1995 Survey Of Books Relating To The Law: Law And Equality, Richard Delgado
Stark Karst 1995 Survey Of Books Relating To The Law: Law And Equality, Richard Delgado
Articles
No abstract provided.
First Amendment Formalism Is Giving Way To First Amendment Legal Realism, Richard Delgado
First Amendment Formalism Is Giving Way To First Amendment Legal Realism, Richard Delgado
Articles
No abstract provided.
Antitrust Conspiracy Doctrine And The Hospital Enterprise, William S. Brewbaker Iii
Antitrust Conspiracy Doctrine And The Hospital Enterprise, William S. Brewbaker Iii
Articles
No abstract provided.
Is Article 8 Finally Ready This Time? The Radical Reform Of Secured Lending On Wall Street, Jeanne L. Schroeder
Is Article 8 Finally Ready This Time? The Radical Reform Of Secured Lending On Wall Street, Jeanne L. Schroeder
Articles
The article critiques the 1977 proposed amendments to Articles 8 and 9 of the Uniform Commercial Code (UCC), arguing that while they aim to modernize securities law by replacing the outdated physical possession metaphor with the concept of "control," they fail to adequately address the complexities of indirect holdings through intermediaries. The revisions introduce "supernegotiability," prioritizing secured creditors over customers, but raise ethical concerns about rewarding dishonest behavior and potentially undermining consumer protections. The article concludes that while the changes improve market efficiency and clarity, further refinements are needed to balance the interests of all stakeholders.
Federalist Society Roundtable Discussion, Timothy Dyk, Robert Bork, Nadine Strossen, John O. Mcginnis, Theodore B. Olson
Federalist Society Roundtable Discussion, Timothy Dyk, Robert Bork, Nadine Strossen, John O. Mcginnis, Theodore B. Olson
Articles
This discussion took place at the National Press Club in Washington, D.C., on October 12, 1993.
The Marginal Relevance Of Choice Of Law Theory, Stewart E. Sterk
The Marginal Relevance Of Choice Of Law Theory, Stewart E. Sterk
Articles
The article critiques the current state of choice of law theory, arguing that existing methodologies, such as interest analysis and territorial approaches, fail to provide a coherent framework for judicial decision-making. It contends that these theories are overly rigid and do not account for the practical, fact-driven nature of how judges make choices. The author proposes a new test based on expressive similarity to address the complexities of modern copyright disputes, aiming to distinguish between protected expression and unprotected ideas. This approach seeks to balance the protection of creative works with the need to prevent overprotection, which could streamline litigation …
Artificial Impairment And The Single Asset Chapter 11 Case, David G. Carlson
Artificial Impairment And The Single Asset Chapter 11 Case, David G. Carlson
Articles
The article critiques the use of Chapter 11 bankruptcy for single asset real estate cases, arguing that the doctrine of artificial impairment undermines the purpose of Chapter 11 by allowing creditors to bypass valuation and unfairly dismiss cases without merit. It contends that the repeal of section 1124(3) in 1994 has created uncertainty about the viability of artificial impairment as a tactic, while courts and creditors continue to grapple with the classification and treatment of claims in these cases.
Settle Or Sue: What Else Can I Do?, Lela P. Love
Tax Policy V. Revenue Policy: Qualified Plans, Tax Expenditures, And The Flat, Plan Level Tax, Edward A. Zelinsky
Tax Policy V. Revenue Policy: Qualified Plans, Tax Expenditures, And The Flat, Plan Level Tax, Edward A. Zelinsky
Articles
No abstract provided.