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Articles 17461 - 17490 of 20080
Full-Text Articles in Entire DC Network
Attorney-Client Fee Arbitration: A Dissenting View, Lester Brickman
Attorney-Client Fee Arbitration: A Dissenting View, Lester Brickman
Articles
No single issue between lawyer and client arises more frequently or generates more public resentment than fee problems. Ethical tenets urge lawyers to resolve fee 4isputes without resort to litigation. Where such procedures exist, attorneys are admonished to submit disputes to arbitration. In several jurisdictions, arbitration has gained endorsement from bar associations as the preferred method of fee dispute resolution.
Risk, Courts, And Agencies, Clayton P. Gillette, James E. Krier
Risk, Courts, And Agencies, Clayton P. Gillette, James E. Krier
Articles
Public risks are precisely the risks that have recently captured the attention of the legal community and the world at large, in no small part because they give rise to such novel problems for lawyers and such grave apprehensions among lay people. Public risks have moved the legal system to relax doctrines--regarding, for example, standards of causation and culpability, burdens of proof, sharing of liability--that were designed to deal with the private risks that once dominated the landscape. And public risks have moved lay people to intensify their demands for risk control measures. These developments suggest that public risks are …
Justice O'Connor's Opinion In Feist Publications, Inc. V. Rural Telephone Service Co.: An Uncommon Though Characteristic Approach, Marci A. Hamilton
Justice O'Connor's Opinion In Feist Publications, Inc. V. Rural Telephone Service Co.: An Uncommon Though Characteristic Approach, Marci A. Hamilton
Articles
No abstract provided.
Israel And The Palestinians, Gidon A. G. Gottlieb
Contingent Fees Without Contingencies: Hamlet Without The Prince Of Demark?, Lester Brickman
Contingent Fees Without Contingencies: Hamlet Without The Prince Of Demark?, Lester Brickman
Articles
According to conventional wisdom virtually all contingent fee percentages exceeding fifty percent are illegal and excessive, but most lower percentages are valid. This Article challenges the conventional wisdom, an amalgam of the unassailability of the standard one-third rate, notions of fairness versus price gouging, lawyer effort versus lawyer' reward, and the right of a lawyer to contract freely for a fee. It advances instead two propositions for determining the legitimacy of contingent fees. The first is that for a contingent fee to be valid, there must be an actual contingency, which means a realistic risk of nonrecovery. Though this proposition …
Dedication To Karl Krastin, Lester Brickman
Dedication To Karl Krastin, Lester Brickman
Articles
The article pays tribute to Karl Krastin, highlighting his significant influence on the author's academic and professional journey. Krastin, a proponent of the "Law, Science, and Policy" approach, played a pivotal role in mentoring the author and other scholars, guiding them towards Yale's graduate program and into law teaching. His leadership as dean at Toledo College of Law fostered institutional growth and intellectual development, despite challenges arising from his democratic management style.
Optimal Distributed Decision Fusion, S. C. A. Thomopoulos, R. Viswanathan, D. K. Bougoulias
Optimal Distributed Decision Fusion, S. C. A. Thomopoulos, R. Viswanathan, D. K. Bougoulias
Articles
The problem of decision fusion in distributed sensor system is considered. Distributed sensors pass their decisions about the same hypotheses to a fusion center that combines them into a final decision. Assuming that the semor decisions are independent from each other conditioned on each hypothesis, we provide a general proof that the optimal decision scheme that maximizes the probability of detection at the fusion for fixed false alarm probability comists of a Neyman-Pearson test (or a randomized N-P test) at the fusion and likelihood-ratio tests at the sensors.
Entering With A Vengeance: Posner On Law And Literature, Richard H. Weisberg
Entering With A Vengeance: Posner On Law And Literature, Richard H. Weisberg
Articles
The article critiques Richard A. Posner's book Law and Literature: A Misunderstood Relation, arguing that while it offers a comprehensive analysis of law-related literature, it reflects Posner's authoritarian bias and dismisses literature's critical potential to challenge legal authority. Posner's approach is seen as overly deductive and dismissive of literary insights that question legal power structures.
Decoding Richmond: Affirmative Action And The Elusive Meaning Of Constitutional Equality, Michel Rosenfeld
Decoding Richmond: Affirmative Action And The Elusive Meaning Of Constitutional Equality, Michel Rosenfeld
Articles
The article critiques the Supreme Court's inconsistent approach to affirmative action, particularly its adoption of the strict scrutiny test in *City of Richmond v. J.A. Croson Co.*, which has led to confusion and conflict in equal protection jurisprudence. The author argues that the strict scrutiny test is an inadequate framework for addressing affirmative action cases, advocating instead for a substantive equality approach centered on the principle of equality of opportunity. This approach would better address the complexities of systemic discrimination and its multifaceted effects, as highlighted by Justice Marshall's ecological mode of interpretation in *Croson*. The article ultimately challenges the …
Distributed Detection Of A Signal In Generalized Gaussian Noise, R. Viswanathan, Arif Ansari
Distributed Detection Of A Signal In Generalized Gaussian Noise, R. Viswanathan, Arif Ansari
Articles
The problem of distributed detection of a signal in incompletely specified noise is considered. The noise assumed belongs to the generalized Gaussian family and the sensors in the distributed network employ the Wilcoxon test. The sensors pass the test statistics to a fusion center, where a hypothesis testing results in a decision regarding the presence or the absence of a signal. Three monotone and admissible fusion center tests are formulated. Restricted numerical evaluation over a certain parameter range of the noise distribution and the range of signal level indicates that these tests yield performances at comparable levels.
On Counting Rules In Distributed Detection, R. Viswanathan, V. Aalo
On Counting Rules In Distributed Detection, R. Viswanathan, V. Aalo
Articles
A network of n sensors receiving independent and identical observations in RN, regarding certain binary hypotheses, pass their decisions to a fusion center which then decides which one of the two hypotheses is true. We consider the situation where each sensor employs a likelihood ratio test with its own observation and a threshold, which is the same for all the sensors, and the fusion center decision based on k out of n decision rule. The asymptotic (n → ∞) behavior of k out of n rules for finite k and finite n - k are considered. For …
The First Amendment And Cognition: A Response, Cass R. Sunstein
The First Amendment And Cognition: A Response, Cass R. Sunstein
Articles
No abstract provided.
Self-Determination In The Arab-Israeli Conflict: Meaning, Myth, And Politics, Malvina Halberstam
Self-Determination In The Arab-Israeli Conflict: Meaning, Myth, And Politics, Malvina Halberstam
Articles
No abstract provided.
Reaction To Terrorism: A Jewish Law Caveat, J. David Bleich
Reaction To Terrorism: A Jewish Law Caveat, J. David Bleich
Articles
No abstract provided.
Water Pollution And The Public Trust Doctrine, Ralph W. Johnson
Water Pollution And The Public Trust Doctrine, Ralph W. Johnson
Articles
Nonpoint pollution from irrigation return flows has become a serious national problem. Even the extraction of water for irrigation and other purposes causes pollution by reducing the assimilative capacity of the source stream or lake. Such pollution can be regulated either by the courts or the legislatures under the public trust doctrine, which antedates the prior appropriation system, and which protects fisheries and water quality. Alternatively, this pollution can be controlled under the state's police powers. The "takings" issue should not be troublesome because no one, not even prior appropriators, has or can acquire a legal right to pollute public …
Use Of Force Against Terrorist Bases: Introduction, Malvina Halberstam
Use Of Force Against Terrorist Bases: Introduction, Malvina Halberstam
Articles
No abstract provided.
Simulation Of Optical Remote Sensing Systems, John Kerekes, David Landgrebe
Simulation Of Optical Remote Sensing Systems, John Kerekes, David Landgrebe
Articles
Research on understanding the remote-sensing process as a system and investigating the interrelated effects of various parameter is described. A system model for the simulation of remote-sensing systems is presented. The system is divided into three parts: the scene, the sensor, and the processing algorithms. Models are presented and implemented for these component systems. Validation of the system model is considered over a specific test site. Results of the simulation for various scene and sensor configurations are included. Results of applying the model to various system configurations using simulated Landsat sensors are then presented to show how the simulation can …
Kinetic And Mechanical Descriptions Of The Microencapsulated Acrylate Imaging Process, Jonathan Arney
Kinetic And Mechanical Descriptions Of The Microencapsulated Acrylate Imaging Process, Jonathan Arney
Articles
No abstract provided.
Integrating Hearing And Deaf Students On A College Campus, Paula Brown, Susan Foster
Integrating Hearing And Deaf Students On A College Campus, Paula Brown, Susan Foster
Articles
This study has two purposes: (1) to learn how hearing students in a mainstream college setting perceive deaf students as classmates, and (20 to discover how those perceptions influence the integration of deaf and hearing students on campus. Thirty full-time students at the Rochester Institute of Technology in Rochester, New York, were interviewed using in-depth, open-ended interview strategies. It was found that even in this setting, designed expressly to integrate deaf and hearing students, full integration did not occur. Deaf students were successfully placed on the campus with hearing students for education purposes; however, social integration did not occur.
Comment On “A Prototype Secs Message Service For Communication In The Semiconductor Manufacturing Environment", James Baratz, John Birchak, Frederic Brehm
Comment On “A Prototype Secs Message Service For Communication In The Semiconductor Manufacturing Environment", James Baratz, John Birchak, Frederic Brehm
Articles
The protocol described in the article “A Prototype SECS Message Service for Communication in the Semiconductor Manufacturing Environment”’ was designed in cooperation with the Subnet Task Force of the Semiconductor Equipment and Materials International (SEMI) Communications Standards Committee. The technical design and a software implementation were carried out at the University of Michigan with frequent reviews by the task force, particularly during the early months. The primary development of SMS was done by James R. Moyne as a research project directed by Prof. Leo C. McAfee, Jr., and supported by the Semiconductor Research Corporation. The published article reflects the services …
How To Make Decisions, Elmer L. Towns
Discipline Of Clear Expression, Donald L. Burnett Jr.
The Latest Turn Of The Screw In Estate Planning: The Legislative Attack On Disproportionate Transfers, John A. Miller
The Latest Turn Of The Screw In Estate Planning: The Legislative Attack On Disproportionate Transfers, John A. Miller
Articles
No abstract provided.
An Economic Analysis Of Sex Discrimination Laws, Richard A. Posner
An Economic Analysis Of Sex Discrimination Laws, Richard A. Posner
Articles
No abstract provided.
The Utilitarian Foundations Of Natural Law, Richard A. Epstein
The Utilitarian Foundations Of Natural Law, Richard A. Epstein
Articles
No abstract provided.
Interpreting Statutes In The Regulatory State, Cass R. Sunstein
Interpreting Statutes In The Regulatory State, Cass R. Sunstein
Articles
Discussing the judge's role in interpreting statutes, Justice Holmes wrote that "if my fellow citizens want to go to Hell I will help them. It's my job."' Critics of the view of the courts as passive agents of the legislature claim that it understates the difficulty of interpretation, the indeterminacy of both the language and the will of the citizens, and the resulting discretion of the judge. Similarly, a vigorous debate continues over the proper role of the traditional sources of statutory interpretation - the text, the legislative history, the purpose of the enacting Congress, and the structure of the …
Low Value Speech Revisited, Cass R. Sunstein
Six Theses On Interpretation Symposium, Cass R. Sunstein
Six Theses On Interpretation Symposium, Cass R. Sunstein
Articles
No abstract provided.
Obscuring The Struggle: Sex Discrimination, Social Security, And Stone, Seidman, Sunstein & Tushnet's Constitutional Law Commentary, Mary E. Becker
Obscuring The Struggle: Sex Discrimination, Social Security, And Stone, Seidman, Sunstein & Tushnet's Constitutional Law Commentary, Mary E. Becker
Articles
No abstract provided.
Countervailing Duty Law: An Economic Perspective, Alan O. Sykes
Countervailing Duty Law: An Economic Perspective, Alan O. Sykes
Articles
No abstract provided.