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Articles 5791 - 5820 of 20106
Full-Text Articles in Entire DC Network
Finally, A True Elements Test: Mathis V.United States And The Categorical Approach, Rebecca Sharpless
Finally, A True Elements Test: Mathis V.United States And The Categorical Approach, Rebecca Sharpless
Articles
No abstract provided.
Essay: Terrorists Are Always Muslim But Never White: At The Intersection Of Critical Race Theory And Propaganda, Caroline Mala Corbin
Essay: Terrorists Are Always Muslim But Never White: At The Intersection Of Critical Race Theory And Propaganda, Caroline Mala Corbin
Articles
When you hear the word "terrorist" who do you picture? Chances are, it is not a white person. In the United States, two common though false narratives about terrorists who attack America abound. We see them on television, in the movies, on the news, and, currently, in the Trump administration. The first is that "terrorists are always (brown) Muslims." The second is that "white people are never terrorists.
Different strands of critical race theory can help us understand these two narratives. One strand examines the role of unconscious cognitive biases in the production of stereotypes, such as the stereotype of …
Zone Of Nondeference: Chevron And Deportation For A Crime, Rebecca Sharpless
Zone Of Nondeference: Chevron And Deportation For A Crime, Rebecca Sharpless
Articles
No abstract provided.
A Free Speech Tale Of Two County Clerk Refusals, Caroline Mala Corbin
A Free Speech Tale Of Two County Clerk Refusals, Caroline Mala Corbin
Articles
The ever-expanding Free Speech Clause has made possible claims that would have been unthinkable until recently. This symposium Essay examines the compelled speech claims of two hypothetical county clerks who believe that marriage should be limited to unions between one man and one woman, and who argue that forcing them to issue marriage licenses to gay and lesbian couples compels them to speak in favor of same-sex marriage in violation of the Free Speech Clause.
When a government employee such as a county clerk speaks, she may not be speaking as just a private individual. She may also be speaking …
The Desert Of The Unreal: Inequality In Virtual And Augmented Reality, Mary Anne Franks
The Desert Of The Unreal: Inequality In Virtual And Augmented Reality, Mary Anne Franks
Articles
The world we live in is structured by inequality: of gender, race, class, sexual orientation, disability, and more. Virtual and augmented reality technologies hold out the promise of a more perfect world, one that offers us more stimulation, more connection, more freedom, more equality than the "real" world. But for such technologies to be truly innovative, they must move us beyond our current limitations and prejudices. When existing inequalities are unacknowledged and unaddressed in the "real" world, they tend to be replicated and augmented in virtual realities. We make new worlds based on who we are and what we do …
"Revenge Porn" Reform: A View From The Front Lines, Mary Anne Franks
"Revenge Porn" Reform: A View From The Front Lines, Mary Anne Franks
Articles
The legal and social landscape of "revenge porn" has changed dramatically in the last few years. Before 2013, only three states criminalized the unauthorized disclosure of sexually explicit images of adults and few people had ever heard the ternm "revenge porn." As of July 2017, thirty-eight states and Washington, D.C. had criminalized the conduct; federal criminal legislation on the issue had been introduced in Congress; Google, Facebook, and Twitter had banned nonconsensual pornography from their platforms; and the term "revenge porn" had been added to the Merriam- Webster Dictionary. I have had the privilege of playing a role in many …
A Survey Of The Prior Programming Experience Of Undergraduate Computing And Engineering Students In Ireland, Glenn Strong, Catherine Higgins, Nina Bresnihan, Richard Millwood
A Survey Of The Prior Programming Experience Of Undergraduate Computing And Engineering Students In Ireland, Glenn Strong, Catherine Higgins, Nina Bresnihan, Richard Millwood
Articles
It has become apparent that increasing numbers of students arriving into undergraduate computing and engineering degree programmes in Irish 3rd-level institutions have prior experience of computer programming. As the extent of this prior exposure as well as its nature, origins, and usefulness is not known beyond anecdotal evidence, an annual survey of prior programming experience of freshman undergraduates who study programming as part of their degree has been designed and administered. This paper reports on the first two years of this survey in 2015 and 2016. It found that around one third had some prior experience of programming …
Inversions, Related Party Expenditures, And Source Taxation: Changing The Paradigm For The Taxation Of Foreign And Foreign-Owned Businesses, Julie Roin
Articles
No abstract provided.
Searching For The Common Law: The Quantitative Approach Of The Restatement Of Consumer Contracts, Oren Bar-Gill, Omri Ben-Shahar, Florencia Marotta-Wurgler
Searching For The Common Law: The Quantitative Approach Of The Restatement Of Consumer Contracts, Oren Bar-Gill, Omri Ben-Shahar, Florencia Marotta-Wurgler
Articles
In 2012, the American Law Institute asked us to serve as reporters for a new Restatement of Consumer Contracts. Recognizing that many innovations in American contract law in the past generation occurred in the area of consumer transactions, the project seemed timely and challenging. We discovered that many of these innovations are controversial and seemingly subject to conflicting approaches in the case law and heated debates among commentators. We also discovered that prior attempts to devise a unified set of rules have largely failed. We therefore decided to take a new approach to our search for, and restatement of, the …
The Limitations Of Supply Chain Disclosure Regimes, Adam S. Chilton, Galit Sarfaty
The Limitations Of Supply Chain Disclosure Regimes, Adam S. Chilton, Galit Sarfaty
Articles
No abstract provided.
Doing Gloss, Curtis A. Bradley
Doing Gloss, Curtis A. Bradley
Articles
It is common for courts, the political branches, and academic commentators to look to historical governmental practices when interpreting the separation of powers. There has been relatively little attention, however, to the proper methodology for invoking such “historical gloss.” This Essay contends that, in order to gain traction on the methodological questions, we need to begin by considering the potential justifications for crediting gloss. For judicial application of gloss, which is this Essay’s principal focus, there are at least four such justifications: deference to the constitutional views of nonjudicial actors; limits on judicial capacity; Burkean consequentialism; and reliance interests. As …
Historical Gloss, Constitutional Convention, And The Judicial Separation Of Powers, Curtis A. Bradley, Neil S. Siegel
Historical Gloss, Constitutional Convention, And The Judicial Separation Of Powers, Curtis A. Bradley, Neil S. Siegel
Articles
Scholars have increasingly focused on the relevance of post-Founding historical practice to discern the separation of powers between Congress and the executive branch, and the Supreme Court has recently endorsed the relevance of such practice. Much less attention has been paid, however, to the relevance of historical practice to discerning the separation of powers between the political branches and the federal judiciary — what this Article calls the “judicial separation of powers.” As the Article explains, there are two ways that historical practice might be relevant to the judicial separation of powers. First, such practice might be invoked as an …
Threats And Criminal Deterrence In Several Dimensions, Saul Levmore, Ariel Porat
Threats And Criminal Deterrence In Several Dimensions, Saul Levmore, Ariel Porat
Articles
No abstract provided.
Atlas Nods: The Libertarian Case For A Basic Income, Daniel Hemel, Miranda Perry Fleischer
Atlas Nods: The Libertarian Case For A Basic Income, Daniel Hemel, Miranda Perry Fleischer
Articles
No abstract provided.
Black Hole Apparitions, Lisa Bernstein
Constitutional Advice And Transnational Legal Order, Tom Ginsburg
Constitutional Advice And Transnational Legal Order, Tom Ginsburg
Articles
No abstract provided.
Chevron Step One-And-A-Half, Daniel Hemel, Aaron Nielson
Chevron Step One-And-A-Half, Daniel Hemel, Aaron Nielson
Articles
No abstract provided.
Constitutions And Foreign Relations Law: The Dynamics Of Substitutes And Complements, Tom Ginsburg
Constitutions And Foreign Relations Law: The Dynamics Of Substitutes And Complements, Tom Ginsburg
Articles
No abstract provided.
Heterosexuality As A Factor In The Long History Of Women's Sports, Mary Anne Case
Heterosexuality As A Factor In The Long History Of Women's Sports, Mary Anne Case
Articles
No abstract provided.
Introduction To Symposium On Sovereignty, Cyberspace, And Talinn Manual 2.0, Tom Ginsburg
Introduction To Symposium On Sovereignty, Cyberspace, And Talinn Manual 2.0, Tom Ginsburg
Articles
No abstract provided.
Corporate Bankruptcy Panel—Chapter 11 Cramdown Interest Rates: Till, Momentive, And The Proper Valuation Method, Ralph Brubaker, Anthony Casey, Susan Freeman, Bruce A. Markell
Corporate Bankruptcy Panel—Chapter 11 Cramdown Interest Rates: Till, Momentive, And The Proper Valuation Method, Ralph Brubaker, Anthony Casey, Susan Freeman, Bruce A. Markell
Articles
No abstract provided.
Dual Sovereignty Under The Constitution: How Best To Protect States Against Federal Taxation And Regulation, Richard A. Epstein
Dual Sovereignty Under The Constitution: How Best To Protect States Against Federal Taxation And Regulation, Richard A. Epstein
Articles
No abstract provided.
The (Not So) Plain Meaning Rule, William Baude, Ryan D. Doerfler
The (Not So) Plain Meaning Rule, William Baude, Ryan D. Doerfler
Articles
No abstract provided.
The Misconceived Modern Attack On Right To Work Laws, Richard A. Epstein
The Misconceived Modern Attack On Right To Work Laws, Richard A. Epstein
Articles
No abstract provided.
Why Incentives For "Patent Holdout" Threaten To Dismantle Frand, And Why It Matters, Richard A. Epstein, Kayvan B. Noroozi
Why Incentives For "Patent Holdout" Threaten To Dismantle Frand, And Why It Matters, Richard A. Epstein, Kayvan B. Noroozi
Articles
No abstract provided.
Searching For The Common Law: The Quantitative Approach Of The Restatement Of Consumer Contracts, Oren Bar-Gill, Omri Ben-Shahar, Florencia Marotta-Wurgler
Searching For The Common Law: The Quantitative Approach Of The Restatement Of Consumer Contracts, Oren Bar-Gill, Omri Ben-Shahar, Florencia Marotta-Wurgler
Articles
In 2012, the American Law Institute asked us to serve as reporters for a new Restatement of Consumer Contracts. Recognizing that many innovations in American contract law in the past generation occurred in the area of consumer transactions, the project seemed timely and challenging. We discovered that many of these innovations are controversial and seemingly subject to conflicting approaches in the case law and heated debates among commentators. We also discovered that prior attempts to devise a unified set of rules have largely failed. We therefore decided to take a new approach to our search for, and restatement of, the …
Majority Rule And The Future Of Judicial Selection, Richard W. Painter, Michael J. Gerhardt
Majority Rule And The Future Of Judicial Selection, Richard W. Painter, Michael J. Gerhardt
Articles
No abstract provided.
Radical Dissents In International Criminal Trials, Neha Jain
Radical Dissents In International Criminal Trials, Neha Jain
Articles
No abstract provided.
The History And Future Of Capital Punishment In The United States, Robert Stein
The History And Future Of Capital Punishment In The United States, Robert Stein
Articles
No abstract provided.
The Shadow Of Executive Privilege, Heidi Kitrosser