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Articles 17101 - 17130 of 20079
Full-Text Articles in Entire DC Network
Mandatory Penalties, Michael Tonry
Mandatory Penalties, Michael Tonry
Articles
To many public officials, promotion and enactment of mandatory penalty laws are important symbols of their concern for public safety and citizens' fear of crime. In practice, mandatory minimum-penalty laws accomplish few of their stated objectives and produce unwanted consequences. Their deterrent effects range from nonexistent to short-lived. When they call for short mandatory prison terms for serious crimes, they are often irrelevant because longer sentences are generally imposed. When they mandate longer terms (five, ten, twenty years), they are often circumvented by lawyers and judges. They reduce defendants' incentives to plead guilty, reduce guilty plea rates, and lengthen case …
Gao Report Confirms Failure Of U.S. Guidelines, Michael Tonry
Gao Report Confirms Failure Of U.S. Guidelines, Michael Tonry
Articles
No abstract provided.
Salvaging The Sentencing Guidelines In Seven Easy Steps, Michael Tonry
Salvaging The Sentencing Guidelines In Seven Easy Steps, Michael Tonry
Articles
No abstract provided.
Light Thoughts And Night Thoughts On The American Family, Judith T. Younger
Light Thoughts And Night Thoughts On The American Family, Judith T. Younger
Articles
No abstract provided.
His To Give; His To Receive; Hers To Trust: A Response To Carol M. Rose, Mary Louise Fellows
His To Give; His To Receive; Hers To Trust: A Response To Carol M. Rose, Mary Louise Fellows
Articles
No abstract provided.
Gao Report Confirms Failure Of U.S. Sentencing Commissions Guidelines, Michael Tonry
Gao Report Confirms Failure Of U.S. Sentencing Commissions Guidelines, Michael Tonry
Articles
No abstract provided.
Simulated Legal Education: A Template, Thomas A. Robinson
Simulated Legal Education: A Template, Thomas A. Robinson
Articles
No abstract provided.
All-Optical Synchronisation And Frequency Division Of Mode-Locked Pulses, P. Phelan, Gerald Farrell, Joe Hegarty
All-Optical Synchronisation And Frequency Division Of Mode-Locked Pulses, P. Phelan, Gerald Farrell, Joe Hegarty
Articles
We report all-optical synchronized multiplication by rational fractions of the modulation frequency of optical signals in self-pulsing two-section semiconductor laser diodes. The effect is based on the overlap of harmonics of the input signal with harmonics of the self-pulsation. We illustrate this new generic function with modelocked inputs rich in harmonics were fractions of 1,2, and 3 / 2 are generated, and we identify a number of applications for this effect.
Stances, Anthony V. Alfieri
The Economic Structure Of The Post--Contractual Corporation, William Wilson Bratton
The Economic Structure Of The Post--Contractual Corporation, William Wilson Bratton
Articles
No abstract provided.
Asymptotic Performance Of A Distributed Detection System In Correlated Gaussian Noise, V. Aalo, R. Viswanathan
Asymptotic Performance Of A Distributed Detection System In Correlated Gaussian Noise, V. Aalo, R. Viswanathan
Articles
In this correspondence we consider the detection of a constant signal in noise with a large set of geographically dispersed sensors. The noise at the sensors are correlated Gaussian. Two correlation models are considered: one where the correlation coefficient between any two sensors decreases geometrically as the sensor separation increases, and the other where the correlation coefficient between any two sensors is a constant. For both correlation models, the asymptotic (as the number of sensors becomes large) performances of a distributed detection system and a central system are examined.
Taxation Of Business Rent, George Mundstock
Judicial Textualism Meets Congressional Micromanagement: A Potential Collision In Clean Air Act Interpretation, Michael E. Herz
Judicial Textualism Meets Congressional Micromanagement: A Potential Collision In Clean Air Act Interpretation, Michael E. Herz
Articles
No abstract provided.
Secured Creditors And Expenses Of Bankruptcy Administration, David G. Carlson
Secured Creditors And Expenses Of Bankruptcy Administration, David G. Carlson
Articles
In any complex bankruptcy proceeding one of the most poignant questions facing the parties and the court is who must pay the trustee's expenses. In addition to routine administrative costs, such expenses may include costs of disposing of estate assets, or, in reorganization proceedings, expenses necessary to preserve the assets and going-concern value of the debtor's business. In this Article, Professor David Gray Carlson undertakes a comprehensive examination of the law of bankruptcy expense allocation through the lens of Bankruptcy Code section 506(c), the trustee's principle tool for charging expenses to secured creditors. After a careful examination of priority and …
Claims & Opinions An Exchange Of Views: Game Theory And Bankruptcy Reorganizations, David G. Carlson
Claims & Opinions An Exchange Of Views: Game Theory And Bankruptcy Reorganizations, David G. Carlson
Articles
No abstract provided.
Translation As A Mode Of Thought, James Boyd White
Translation As A Mode Of Thought, James Boyd White
Articles
I think that Clark Cunningham's article, The Lawyer as Translator, is a wonderful piece of work, full of life and interest and originality. I especially admire: his ability to make vivid to the reader the ways in which languages do truly differ, and differ beyond our efforts to bridge them-as he shows when he imagines an attempt to translate our most common professional terms into Chinese; his recoguition of the kind of force that our languages have over our minds, both as we see the world and as we tell stories about it; his sense that what we think of …
Real Jurors' Understanding Of The Law In Real Cases, Alan Reifman, Spencer M. Gusick, Phoebe C. Ellsworth
Real Jurors' Understanding Of The Law In Real Cases, Alan Reifman, Spencer M. Gusick, Phoebe C. Ellsworth
Articles
A survey of 224 Michigan citizens called for jury duty over a 2-month period was conducted to assess the jurors' comprehension of the law they had been given in the judges' instructions. Citizens who served as jurors were compared with a base line of those who were called for duty but not selected to serve, and with those who served on different kinds of cases. Consistent with previous studies of mock jurors, this study found that actual jurors understand fewer than half of the instructions they receive at trial. Subjects who received judges' instructions performed significantly better than uninstructed subjects …
An Asymmetrical Approach To The Problem Of Peremptories?, Richard D. Friedman
An Asymmetrical Approach To The Problem Of Peremptories?, Richard D. Friedman
Articles
The Supreme Court's decision in Batson v. Kentucky, and the extension of Batson to parties other than prosecutors, may be expected to put pressure on the institution of peremptory challenges. After a brief review of the history of peremptories, this article contends that peremptories for criminal defendants serve important values of our criminal justice system. It then argues that peremptories for prosecutors are not as important, and that it may no longer be worthwhile to maintain them in light of the administrative complexities inevitable in a system of peremptories consistent with Batson. The article concludes that the asymmetry of allowing …
Tax Expenditure Budgets: A Critical View, Douglas A. Kahn, Jeffrey S. Lehman
Tax Expenditure Budgets: A Critical View, Douglas A. Kahn, Jeffrey S. Lehman
Articles
During the past few months, Tax Notes has featured an extended discussion about the "normalcy" (or lack thereof) of accelerated depreciation. Two contributions to that discussion came from Professor Calvin Johnson of the University of Texas Law School, who disagreed with certain aspects of an article that Professor Kahn wrote in 1979. And the debate shows no sign of slowing down. The interchange over the details of accelerated depreciation offers a useful backdrop against which to consider a more general issue: the intellectual coherence of the tax expenditure budgets. The larger concept of tax expenditures was what motivated Kahn to …
Tales Of Two Cities: Aids And The Legal Recognition Of Domestic Partnerships In San Francisco And New York, David L. Chambers
Tales Of Two Cities: Aids And The Legal Recognition Of Domestic Partnerships In San Francisco And New York, David L. Chambers
Articles
Here are two stories. They are of the quite different ways that domestic partnerships of lesbian and gay couples have come to be recognized, for some purposes, in San Francisco and New York City. I tell the stories for their own sake, but with a particular focus on the role that AIDS played in the political process in each city.
Standards Of Persuasion And The Distinction Between Fact And Law, Richard D. Friedman
Standards Of Persuasion And The Distinction Between Fact And Law, Richard D. Friedman
Articles
The invitation to respond in these pages to Gary Lawson's very interesting article, Proving the Law, was tempting enough. But what made it irresistible was Professor Lawson's comment that he is "addressing, with a brevity that borders on the irresponsible, subjects well beyond [his] depth." Now, that's the kind of debate I really like. Let me jump right in. A principal question raised by Lawson, which I find quite interesting, may be phrased in general, and purposefully ambiguous, terms as follows: Before an actor treats a proposition as a valid2 proposition of law, what standard of persuasion should that proposition …
Settling For A Judge: A Comment On Clermont And Eisenberg, Samuel R. Gross
Settling For A Judge: A Comment On Clermont And Eisenberg, Samuel R. Gross
Articles
Trial by Jury or Judge: Transcending Empiricism,1 by Kevin Clermont and Theodore Eisenberg, is not only an important article, it is unique. To most Americans, trial means trial by jury. In fact, over half of all federal trials are conducted without juries2 (including 31% of trials in cases in which the parties have the right to choose a jury3), and the proportion of bench trials in state courts is even higher.4 And yet, while there is a large literature on the outcomes of jury trials and the factors that affect them,5 nobody else has systematically compared trials by jury to …
The Death Of The Employer: Image, Text, And Title Vii, D. Marvin Jones
The Death Of The Employer: Image, Text, And Title Vii, D. Marvin Jones
Articles
No abstract provided.
On Remembering Judge Eugene P. Spellman: A Different Vision, Ira J. Kurzban, Irwin P. Stotzky
On Remembering Judge Eugene P. Spellman: A Different Vision, Ira J. Kurzban, Irwin P. Stotzky
Articles
No abstract provided.
Disabled Clients, Disabling Lawyers, Anthony V. Alfieri
Disabled Clients, Disabling Lawyers, Anthony V. Alfieri
Articles
No abstract provided.
Rodrigo's Second Chronicle: The Economics And Politics Of Race 1993 Survey Of Books Relating To The Law, Richard Delgado
Rodrigo's Second Chronicle: The Economics And Politics Of Race 1993 Survey Of Books Relating To The Law, Richard Delgado
Articles
No abstract provided.
The Inward Turn In Outsider Jurisprudence, Richard Delgado
The Inward Turn In Outsider Jurisprudence, Richard Delgado
Articles
No abstract provided.
Legal Scholarship: Insiders, Outsiders, Editors Symposium On Legal Scholarship, Richard Delgado
Legal Scholarship: Insiders, Outsiders, Editors Symposium On Legal Scholarship, Richard Delgado
Articles
No abstract provided.
High County Runner Spends Summer By The River Class, Race, And Environmental Regulation - Poem, Richard Delgado
High County Runner Spends Summer By The River Class, Race, And Environmental Regulation - Poem, Richard Delgado
Articles
No abstract provided.
A Comment On Aleinikoff Ira C. Rothgerber Jr. Conference On Constitutional Law, Richard Delgado
A Comment On Aleinikoff Ira C. Rothgerber Jr. Conference On Constitutional Law, Richard Delgado
Articles
No abstract provided.