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Articles 17851 - 17880 of 20079
Full-Text Articles in Entire DC Network
Philosophy In Bankruptcy, David G. Carlson
Philosophy In Bankruptcy, David G. Carlson
Articles
The article critically examines Jackson's theories on bankruptcy law, arguing that his "creditor's bargain" model is logically inconsistent and lacks empirical support. It highlights flaws in his assumptions of creditor equality and the justification for bankruptcy discharge, ultimately concluding that his work is ad hoc and unverifiable.
Law Enforcement Marketing: Perceptions Of A Police Force, Peter Bohan
Law Enforcement Marketing: Perceptions Of A Police Force, Peter Bohan
Articles
This article examines the role and applicability of marketing in a public service organisation. It is argued that the changing external environment now facing many police agencies requires them to develop a marketing orientation if they are to continue to be effective. Obstacles to achieving this as well as the key factors that impinge on the public "image" of the police force are discussed. The authors then focus on a major study of the Dublin population's perception of its police force, the Garda Siochana, over a wide range of concerns. The research indicates that in general the Irish police force …
A Low-Involvement Choice Model For Consumer Panel Data, Cathal Brugha, Darach Turley
A Low-Involvement Choice Model For Consumer Panel Data, Cathal Brugha, Darach Turley
Articles
The long overdue surge of interest in consumer behaviour texts in low-involvement purchasing has only begun to gather momemtum. It often takes the form of asking whether concepts usually associated with high-involvement purchasing can be applied, albeit in a modified form, to low-involvement purchasing. One such concept is evoked set, that is the range of brands deemed acceptable by a consumer in a particular product area. This has characteristically been associated with consumption involving extensive pre-purchase search and evaluation. The consumer's evoked set is thus the brands he would actually consider purchasing in advance of the purchase event. However, when …
Preference Modelling: Conjoint Analysis And Multi-Attribute Models, John Walsh, Patrick Roe
Preference Modelling: Conjoint Analysis And Multi-Attribute Models, John Walsh, Patrick Roe
Articles
While many multi-variate techniques have been applied frequently in Ireland, academics and practitioners alike have tended to shy away from incorporating conjoint analysis in their research. Conjoint analysis has been used extensively in other countries primarily to estimate consumers’ preferences for products whereas a less complex, easily applied technique, compositional multi-attribute modelling, has been used in Ireland for the same task. This study sets out to compare the powers of estimation or prediction of preference of both techniques. Unresolved areas in preference modelling, namely attribute order bias, learning effects and heterogeneity of preference structures, are addressed in an attempt to …
Rationality, Accident, And Priority Under Article 9 Of The Uniform Commercial Code, David G. Carlson
Rationality, Accident, And Priority Under Article 9 Of The Uniform Commercial Code, David G. Carlson
Articles
The article argues that the priority rules under Article 9 of the Uniform Commercial Code (UCC) are not grounded in a coherent, rational principle but are instead the result of historical accidents and the influence of powerful interest groups. These rules create an asymmetrical system that favors expert lenders over amateur lenders, leading to inequities and inefficiencies. The author critiques justifications for these rules, such as efficiency and moral culpability, and advocates for a more ethical and equitable framework that aligns with societal notions of fairness.
Francis A. Allen, Terrance Sandalow
Francis A. Allen, Terrance Sandalow
Articles
Writing a brief tribute to Frank Allen, a man I admire as much as any I have known, should have been easy and pleasurable. It has proved to be very difficult. The initial difficulty is the occasion for the tribute. Frank's decision to take early retirement from the University and to resettle in a warmer climate deprives the Sandalows of frequent contact with two of our favorite people. The act of writing requires an acceptance of that loss that I have not yet achieved. A second difficulty is that Frank has been an important influence in my life for thirty …
Francis A. Allen: 'Confront[Ing] The Most Explosive Problems' And 'Plumbing All Issues To Their Full Depth Without Fear Or Prejudice', Yale Kamisar
Articles
Frank Allen began his distinguished teaching career more than thirty-five years ago - at a time when, at more law schools than we like to remember, "the basic criminal law course was routinely assigned to the youngest and most vulnerable member of the faculty or to that colleague suspected of mild brain damage and hence incompetent to deal with courses that really matter."' That those of us who taught criminal law years later were warmly received by our colleagues is in no small measure a tribute to the quality of mind and character and intellectual energy of people like Allen, …
Government Responsibility For Constitutional Torts, Christina B. Whitman
Government Responsibility For Constitutional Torts, Christina B. Whitman
Articles
This essay is about the language used to decide when governments should be held responsible for constitutional torts.' Debate about what is required of government officials, and what is required of government itself, is scarcely new. What is new, at least to American jurisprudence, is litigation against government units (rather than government officials) for constitutional injuries. 2 The extension of liability to institutional defendants introduces special problems for the language of responsibility. In a suit against an individual official it is easy to describe the wrong as the consequence of individual behavior that is inconsistent with community norms; the language …
Four Angry Prophets, Harold Willmington
Free Speech And Corporate Freedom: A Comment On First National Bank Of Boston V. Bellotti, Carl E. Schneider
Free Speech And Corporate Freedom: A Comment On First National Bank Of Boston V. Bellotti, Carl E. Schneider
Articles
The corporation was born in chains but is everywhere free. That freedom was recently affirmed by the United States Supreme Court in First National Bank of Boston v. Bellotti. In Bellotti, the Court overturned a Massachusetts criminal statute forbidding banks and business corporations to make expenditures intended to influence referenda concerning issues not "materially affecting" the corporation's "property, business, or assets." In doing so, the Court confirmed its discovery that commercial speech is not unprotected by the first amendment and announced a novel doctrine that corporate speech is not unprotected by the first amendment. Although several years have …
Providing Nutrition And Hydration For Terminally Ill Patients, J. David Bleich
Providing Nutrition And Hydration For Terminally Ill Patients, J. David Bleich
Articles
No abstract provided.
Some Questions For Republicans, Don Herzog
Some Questions For Republicans, Don Herzog
Articles
Even a sleepy historiographer of political theory of some future day will notice the most dramatic revision of the last 25 years or so. I refer of course to the discovery-and celebration-of civic humanism. The devilish Machiavelli of Elizabethan times has been gently set aside for "the divine Machiavel," the one who writes, "I love my native city more than my soul." And historians of political thought have lovingly traced the transmission of civic humanism from Florence to England and America, giving us a brand new past. America, we now know, was not the unthinkingly Lockean land served up by …
Text Into Theory: A Literary Approach To The Constitution, Richard H. Weisberg
Text Into Theory: A Literary Approach To The Constitution, Richard H. Weisberg
Articles
The article explores the evolving dialogue between legal scholars and literary theorists, particularly focusing on how judicial opinions can be viewed as narrative fictions. It challenges traditional notions of textual autonomy in legal interpretation, suggesting that meaning is not fixed but is shaped by subjective readings. The analysis critiques the dichotomy between interpretivism and noninterpretivism, arguing that both approaches are inherently subjective. Drawing on historical and structural interpretations of the Constitution, the article advocates for a balanced approach that considers both textual integrity and communal values, emphasizing that constitutional truths are embedded within societal ideas rather than being strictly majoritarian …
Ectopic Origin Of A Coronary Artery From The Aorta. Sudden Death In 3 Of 23 Patients., John Mahowald, L C. Blieden, J I. Coe, J E. Edwards
Ectopic Origin Of A Coronary Artery From The Aorta. Sudden Death In 3 Of 23 Patients., John Mahowald, L C. Blieden, J I. Coe, J E. Edwards
Articles
Ectopic origin of a coronary artery from the aorta is uncommon. In the last decade, its importance as a possible cause of sudden death has been documented. Initially, only the left coronary artery was implicated. Lately, the ectopically arising right coronary artery has also been shown to be involved in cases of sudden death. We reviewed the pathologic anatomy in 23 cases of ectopic origin of a coronary artery from the aorta. In three of these cases, death could be attributed to ectopic origin of a coronary artery. In one case the left coronary artery arose from the right aortic …
The New Evidence Scholarship: Analyzing The Process Of Proof, Richard O. Lempert
The New Evidence Scholarship: Analyzing The Process Of Proof, Richard O. Lempert
Articles
When I began teaching evidence seventeen years ago, the field was moribund. The great systematizers of the common law-Wigmore, Maguire, McCormick, Morgan and their ilk-had come and, if they had not all already gone, their work was largely finished. Not only was most of what passed for evidence scholarship barely worth the reading-the same, after all, could be said of many fields of law at most times-but disregarding student work, few scholars were writing regularly on evidentiary matters.
Abraham: Man Of Faith, Harold Willmington
Human Rights In Africa: Observations On The Implications Of Economic Priority, Minasse Haile
Human Rights In Africa: Observations On The Implications Of Economic Priority, Minasse Haile
Articles
The article argues that the failure of economic development strategies in Africa is deeply intertwined with the denial of civil and political rights, particularly for the rural poor. It critiques the "economic rights first" approach, which prioritizes material needs over democratic participation, and contends that such an approach is both principled and practically flawed. The analysis emphasizes that without civil and political rights, development strategies like the Basic Needs Strategy (BNS) are unlikely to succeed, as they require equitable distribution of wealth and benefits, which undemocratic regimes often fail to implement. The article also examines the limitations of both Afro-Marxist …
Texaco V. Pennzoil: The Use And Creation Of Precedent By The Second Circuit, Peter Lushing
Texaco V. Pennzoil: The Use And Creation Of Precedent By The Second Circuit, Peter Lushing
Articles
The article critiques the U.S. Court of Appeals for the Second Circuit's decision in *Texaco Inc. v. Pennzoil Company*, arguing that the court's ruling was result-oriented and undermined the integrity of judicial precedent. The decision, which stayed the enforcement of a $11.12 billion state court judgment against Texaco, was based on an expansive interpretation of due process and civil rights law. However, the court's attempt to limit its holding to the "extraordinary circumstances" of the case raises concerns about the consistency and fairness of the judicial process, as it creates a precedent that may not be applicable to smaller stakeholders.
Nehemiah: The Wall-Builder, Harold Willmington
The Relationship Of Church Growth And Systematic Theology, Elmer L. Towns
The Relationship Of Church Growth And Systematic Theology, Elmer L. Towns
Articles
No abstract provided.
Judicially Ordered Social Reform: Neofederalism And Neonationalism And The Debate Over Political Structure, David Rudenstine
Judicially Ordered Social Reform: Neofederalism And Neonationalism And The Debate Over Political Structure, David Rudenstine
Articles
The article examines the ideological divide within the U.S. Supreme Court between neofederalism and neonationalism, two legal theories that shape the Court's approach to federalism and individual rights. Neofederalism emphasizes state autonomy and limits federal intervention in state institutions, while neonationalism advocates for a stronger federal role in protecting individual rights, even if it requires overriding state decisions. This divide significantly influences the Court's rulings on issues such as prison conditions and institutional reform, reflecting broader debates about the role of federalism in social reform and judicial decision-making.
Optimum Shape Synthesis Of Maximum Gain Omnidirectional Antennas, Frances J. Harackiewicz, David M. Pozar
Optimum Shape Synthesis Of Maximum Gain Omnidirectional Antennas, Frances J. Harackiewicz, David M. Pozar
Articles
Using characteristic mode shape synthesis, some antenna surfaces and their current distributions are found which produce maximum realizable gain for rotationally symmetric omnidirectional antennas. The same shape synthesis method fails to produce antennas which have maximum endfire gain.
The Life Of David, Harold Willmington
Efficiency And Income Taxes: The Rehabilitation Of Tax Incentives, Edward A. Zelinsky
Efficiency And Income Taxes: The Rehabilitation Of Tax Incentives, Edward A. Zelinsky
Articles
This Article explores two prominent issues in current legal literature: the propriety of tax incentives in the federal income tax and the use of economic analysis to examine questions of concern to academic lawyers. One premise of this Article is that there is a connection between these two topics.
Integrity And Circumspection: The Labor Law Vision Of Bernard D. Meltzer, Theodore J. St. Antoine
Integrity And Circumspection: The Labor Law Vision Of Bernard D. Meltzer, Theodore J. St. Antoine
Articles
Bernard Meltzer has testified under oath that he "rarely take[s] absolute positions." The record bears him out. While his colleagues among labor law scholars often strain to demonstrate that the labor relations statutes and even the Constitution support their hearts' desires, the typical Meltzer stance is one of cool detachment, pragmatic assessment, and cautious, balanced judgment. The "itch to do good," Meltzer has remarked wryly, "is a doubtful basis for jurisdiction" -or, he would likely add, for any other legal conclusion. In this brief commentary I propose to examine the Meltzer approach to four broad areas of labor law: (1) …
A Novel Technique To The Solution Of Transient Electromagnetic Scattering From Thin Wires, Sadasiva Rao, Tapan Sarkar, Sohail Dianat
A Novel Technique To The Solution Of Transient Electromagnetic Scattering From Thin Wires, Sadasiva Rao, Tapan Sarkar, Sohail Dianat
Articles
Previous approaches to the problem of transient scattering by conducting bodies have utilized the well-known marching-on-in-time solution procedures. However, these procedures are very dependent on discretization techniques and in many cases lead to instabilities as time progresses. Moreover, the accuracy of the solution procedure cannot be verified easily and usually there is no error estimation. Recently an alternate approach to the solution of transient scattering by thin wires was presented based on the conjugate gradient (CG) method. In this procedure, space and time are discretized independently into subintervals and the error is minimized iteratively. Unfortunately, this procedure is very slow, …
Adaptive Spectral Estimation By The Conjugate-Gradient Method, Huanqun Chen, Tapan Sarkar, Sohail Dianat
Adaptive Spectral Estimation By The Conjugate-Gradient Method, Huanqun Chen, Tapan Sarkar, Sohail Dianat
Articles
This paper proposes an alternative technique for adaptive spectral estimation. The new technique applies the method of conjugate gradient, which is used for iteratively finding the generalized eigenvector corresponding to the minimum generalized eigenvalue of a semidefinite Hermitian matrix, to the adaptive spectral analysis problem. Computer simulations have been performed to compare the new method to existing ones. From the limited examples presented, it is seen that the new method is computationally more efficient at the expense of more core storage. Also, this method is effective for small data records and can implement noise correction to yield unbiased spectral estimates …
Churches That Ignite Revival, Elmer L. Towns
New Rules Of Professional Conduct: Critical Concerns For Idaho Lawyers, Donald L. Burnett Jr.
New Rules Of Professional Conduct: Critical Concerns For Idaho Lawyers, Donald L. Burnett Jr.
Articles
No abstract provided.
Teaching Philosophy Of Law In Law Schools: Some Cautionary Remarks, Patricia D. White
Teaching Philosophy Of Law In Law Schools: Some Cautionary Remarks, Patricia D. White
Articles
No abstract provided.