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Articles 17371 - 17400 of 20080
Full-Text Articles in Entire DC Network
Compassion And Compulsion, Richard A. Epstein
Religious Liberty In The Welfare State, Richard A. Epstein
Religious Liberty In The Welfare State, Richard A. Epstein
Articles
No abstract provided.
Continental Law And Common Law: Historical Strangers Or Companions?, Richard H. Helmholz
Continental Law And Common Law: Historical Strangers Or Companions?, Richard H. Helmholz
Articles
No abstract provided.
Origins Of The Privilege Against Self-Incrimination: The Role Of The European Ius Commune, Richard H. Helmholz
Origins Of The Privilege Against Self-Incrimination: The Role Of The European Ius Commune, Richard H. Helmholz
Articles
Current orthodoxy holds that the fifth amendment's privilege against self-incrimination has its roots in the seventeenth-century triumph of enlightened English common law over the older tradition of continental common law and the English ecclesiastical courts which used this tradition to limit religious freedom. In this Article, Professor Helmholz presents and analyzes documentary evidence demonstrating the inaccuracy of this account. These documents reveal that the continental blend of Roman and canon law known as the ius commune had long recognized the privilege against selfincrimination, and that English ecclesiastical courts first considered arguments for the privilege based on this body of law. …
A Reconsideration Of The Relevance And Materiality Of The Preamble In Constitutional Interpretation, Brian Leiter, Carole E. Handler, Milton Handler
A Reconsideration Of The Relevance And Materiality Of The Preamble In Constitutional Interpretation, Brian Leiter, Carole E. Handler, Milton Handler
Articles
No abstract provided.
Just Compensation And Just Politics, Saul Levmore
Presence/Absence Of An Observer In A Word Association Test, Morton Isaacs, Kathleen Chen
Presence/Absence Of An Observer In A Word Association Test, Morton Isaacs, Kathleen Chen
Articles
Forty-eight subjects (24 men, 24 women) responded to 20 word stimuli presented by a microcomputer program that recorded each subject's response latency and response to each stimulus word. Emotionality of stimulus word and presence/absence of an observer were independently varied. Two-way analysis of variance (ANOVA) showed significant difference in latencies attributable to the emotionality of the stimulus word, whereas neither the presence/absence of the observer nor the interaction effect was significant. The results suggest the possible use of latency analysis as a tool in situations where an objective, statistical, and easily obtainable evaluative measurement of the level of emotionality of …
The Ramsey Numbers R(K_3, K_8 - E) And R(K_3, K_9 - E), Stanislaw Radziszowski
The Ramsey Numbers R(K_3, K_8 - E) And R(K_3, K_9 - E), Stanislaw Radziszowski
Articles
We give a general construction of a triangle free graph on 4p points whose complement does not contain K_p+2 - e for p >= 4. This implies the the Ramsey number R(K_3, K_k - e) >= 4k - 7 for k >= 6. We also present a cyclic triangle free graph on 30 points whose complement does not contain K_9 - e. The first construction gives lower bounds equal to the exact values of the corresponding Ramsey number for k = 6, 7 and 8. the upper bounds are obtained by using computer algorithms. In particular, we obtain two new …
The Effect Of A Single Point On Correlation And Slope, David L. Farnsworth
The Effect Of A Single Point On Correlation And Slope, David L. Farnsworth
Articles
By augmenting a bivariate data set with one point, the correlation coefficient and/or the slope of the regression line can be changed to any prescribed values. For the target value of the correlation coefficient or the slope, the coordinates of the new point are found as a function of certain statistics of the original data. The location of this new point with respect to the original data is investigated.
Purchase Money Security Interest In Inventory: If It Does Not Float, It Must Be Dead!, D. Benjamin Beard
Purchase Money Security Interest In Inventory: If It Does Not Float, It Must Be Dead!, D. Benjamin Beard
Articles
No abstract provided.
Fairness To The Absent Members Of A Defendant Class: A Proposed Revision Of Rule 23, Elizabeth Brandt
Fairness To The Absent Members Of A Defendant Class: A Proposed Revision Of Rule 23, Elizabeth Brandt
Articles
No abstract provided.
Community-Property Treatment Of The Increase In Value Of A Separately Owned Business, Elizabeth Brandt
Community-Property Treatment Of The Increase In Value Of A Separately Owned Business, Elizabeth Brandt
Articles
No abstract provided.
Through The Looking-Glass And What The Idaho Supreme Court Found There, Dale Goble
Through The Looking-Glass And What The Idaho Supreme Court Found There, Dale Goble
Articles
No abstract provided.
The Third Best Choice: An Essay On Law And History, Theodore Y. Blumoff
The Third Best Choice: An Essay On Law And History, Theodore Y. Blumoff
Articles
The thesis of this Essay is that our use of history is as essential and unavoidable as conclusive answers are irretrievable. Irretrievability exists whether the historical reality sought results from a survey of traditional historical materials in an effort to recapture original understanding, or from a common-law effort to discover the Court's own history of an issue. In either case, however, the need to attempt to recover historical truths is perceived as essential. I subscribe, for the most part, to the contextualist premise that we cannot recover sufficient historical data on issues that matter to make history determinate in the …
Law And Administration After Chevron, Cass R. Sunstein
Paradoxes Of The Regulatory State, Cass R. Sunstein
Political Economy, Administrative Law: A Comment Comment, Cass R. Sunstein
Political Economy, Administrative Law: A Comment Comment, Cass R. Sunstein
Articles
No abstract provided.
Principles, Not Fictions Exchange, Cass R. Sunstein
Republicanism And The Preference Problem, Cass R. Sunstein
Republicanism And The Preference Problem, Cass R. Sunstein
Articles
No abstract provided.
Republicanism, Rights: A Comment On Pangle, Cass R. Sunstein
Republicanism, Rights: A Comment On Pangle, Cass R. Sunstein
Articles
No abstract provided.
Why The Unconstitutional Conditions Doctrine Is An Anachronism (With Particular Reference To Religion, Speech, And Abortion), Cass R. Sunstein
Why The Unconstitutional Conditions Doctrine Is An Anachronism (With Particular Reference To Religion, Speech, And Abortion), Cass R. Sunstein
Articles
No abstract provided.
Unity And Plurality: The Case Of Compulsory Oaths, Cass R. Sunstein
Unity And Plurality: The Case Of Compulsory Oaths, Cass R. Sunstein
Articles
No abstract provided.
Can Employers Exclude Women Because Of Concerns For The Health And Safety Of Potential Fetuses?, Mary E. Becker
Can Employers Exclude Women Because Of Concerns For The Health And Safety Of Potential Fetuses?, Mary E. Becker
Articles
No abstract provided.
Mandatory Retaliation For Breach Of Trade Agreements: Some Thoughts On The Strategic Design Of Section 301, Alan O. Sykes
Mandatory Retaliation For Breach Of Trade Agreements: Some Thoughts On The Strategic Design Of Section 301, Alan O. Sykes
Articles
No abstract provided.
The Doctrine Of Commercial Impracticability In A Second-Best World, Alan O. Sykes
The Doctrine Of Commercial Impracticability In A Second-Best World, Alan O. Sykes
Articles
No abstract provided.
Principles Against Executions, David Weissbrodt, Terri Rosen
Principles Against Executions, David Weissbrodt, Terri Rosen
Articles
The right to be free from extra-legal, arbitrary, or summary ex- ecutions is recognized in a number of international human rights in- struments. Such killings violate article 6 of the International Covenant on Civil and Political Rights,' which provides that "every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life."
Major Developments In 1990 At The Un Commission On Human Rights, Reed Brody, Penny Parker, David Weissbrodt
Major Developments In 1990 At The Un Commission On Human Rights, Reed Brody, Penny Parker, David Weissbrodt
Articles
The forty-sixth session of the United Nations Commission on Human Rights met from 29 January to 9 March 1990. It was the first meeting of the Com- mission following the democratic changes in Central Europe, the suppression of the pro-democracy movement in China, and the US invasion of Panama. The Commission also met after the General Assembly had called for an enlargement of its membership to remedy the under-representation of third world countries, while asking the Commission to study ways of making its work more effective.
Comparative Criminal Justice As A Guide To American Law Reform: How Do The French Do It, How Can We Find Out, And Why Should We Care?, Richard Frase
Comparative Criminal Justice As A Guide To American Law Reform: How Do The French Do It, How Can We Find Out, And Why Should We Care?, Richard Frase
Articles
In the 1970s and early 1980s, legal academics hotly debated the possibility of basing American law reforms on continental procedures, but this voluminous literature produced few conclusions and virtually no sustained research and reform efforts. In this Article, Professor Frase argues that this stalemate was largely due to the fact that the continental procedures most often proposed for borrowing were actually the least feasible transplants, whereas other, more modest possibilities were overlooked or misunderstood. To identify the latter, future researchers must analyze foreign systems comprehensively, in practice as well as in theory, and must subject domestic systems to equally comprehensive …
The United States-Dakota War Trials: A Study In Military Injustice, Carol Chomsky
The United States-Dakota War Trials: A Study In Military Injustice, Carol Chomsky
Articles
Between September 28 and November 3, 1862, in southwestern Minnesota, nearly four hundred Dakota 1 men were tried for murder, rape, and robbery. All but seventy were convicted, and 303 of these were condemned to die. 2 After an official review of the trials, the sentences of thirty-eight were confirmed and, on December 26, 1862, these thirty-eight were hanged in Mankato, Minnesota, in the largest mass execution in American history. On November 11, 1865, after three additional trials, two more Dakota followed them to the gallows.
The 41st Session Of The Un Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, Robin M. Maher, David Weissbrodt
The 41st Session Of The Un Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, Robin M. Maher, David Weissbrodt
Articles
The forty-first session ofthe Sub-Commission on Prevention of Discrimination and Protection of Minorities (hereinafter the Sub-Commission) met in August 1989 to address a number of human rights situations that had come to worldwide attention since 1988. The session followed the bloody suppres- sion of demonstrations in the People's Republic of China, a rash of bombings and political assassinations in Colombia, and the use of chemical weapons against unarmed civilians in Iraq. Moreover, unusual political pressures from a variety of sources played an important role. As the Sub-Commission de- bated its first resolution on a country which holds a permanent seat …