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Articles 8761 - 8790 of 20075
Full-Text Articles in Entire DC Network
The Law Of The Body, Meredith M. Render
The Law Of The Body, Meredith M. Render
Articles
This Article posits that a "law of the body" is overdue. In the absence of clarity about the legal status of the human body, courts have constructed a collection of circumstantially defined categories for resolving the question of human body ownership and use. This patchwork approach is awkward, unwieldy, incoherent, and, by many lights, ultimately unjust. Many able minds have been applied to critiquing the distributive consequences of a regime in which we cannot-at any point in our lives- "own" our own bodies (or its constituent parts), but other people can and do. But what has been missing from these …
Deconstructing Deem And Pass: A Constitutional Analysis Of The Enactment Of Bills By Implication, Ronald J. Krotoszynski Jr.
Deconstructing Deem And Pass: A Constitutional Analysis Of The Enactment Of Bills By Implication, Ronald J. Krotoszynski Jr.
Articles
Since 1933, the U.S. House of Representatives has maintained a procedure, the self-executing rule, that permits a single floor vote to pass multiple independent bills. Using this procedure, the House can pass a bill and, at the same time, "deem passed" entirely separate bills via a single floor vote. Some legal scholars have argued that this procedure is constitutionally unobjectionable, provided that members of the House clearly understand the legislative effects, whether singular or plural, of a particular vote. Others, however, have argued that the device violates the Constitution because the House and Senate do not vote on the same …
Reflections On Reform Litigation: Strategic Intervention In Arizona's Ethnic Studies Ban, Jean Stefancic
Reflections On Reform Litigation: Strategic Intervention In Arizona's Ethnic Studies Ban, Jean Stefancic
Articles
No abstract provided.
On The Road Without A Map: The Women Of The Beat Writers Symposium - Mania: The Lives, Literature, And Law Of The Beats: Session I: Weaving Lives Into Literature, Jean Stefancic
Articles
No abstract provided.
Discerning Critical Moments: Lessons From The Life Of Derrick Bell Title Challenging Authority: A Symposium Honoring Derrick Bell, Jean Stefancic
Discerning Critical Moments: Lessons From The Life Of Derrick Bell Title Challenging Authority: A Symposium Honoring Derrick Bell, Jean Stefancic
Articles
No abstract provided.
Beyond The Judicial Fourth Amendment: The Prosecutor's Role, Russell M. Gold
Beyond The Judicial Fourth Amendment: The Prosecutor's Role, Russell M. Gold
Articles
No abstract provided.
The Exceptions Clause As A Structural Safeguard, Tara Leigh Grove
The Exceptions Clause As A Structural Safeguard, Tara Leigh Grove
Articles
Scholars have long treated the Exceptions Clause of Article III as a serious threat to the Supreme Court's central constitutional function establishing definitive and uniform rules of federal law This Article argues that scholars have overlooked an important function of the Clause Congress has repeatedly used its broad "exceptions power" to facilitate not to undermine the Supreme Court's constitutional role Drawing on insights from social science this Article asserts that Congress has an incentive to use its control over federal jurisdiction to promote the Court's role in settling disputed federal questions Notably this argument has considerable historical support When the …
Reforming Capitalism Through Law And Regulation, Richard Delgado
Reforming Capitalism Through Law And Regulation, Richard Delgado
Articles
No abstract provided.
The Trayvon Martin Trial - Two Comments And An Observation, Richard Delgado
The Trayvon Martin Trial - Two Comments And An Observation, Richard Delgado
Articles
The following article on the Trayvon Martin trial suggests that together doctrinal and critical analysis can often be more powerful than either alone Written for a symposium issue on Critical Latino LatCrit scholarship the article posits that jury nullification can operate to reduce the impact of a defense in which the jury does not really believe such as self defense or standyourground And in the Martin case felony murder coupled with felony stalking was an avenue that the Florida prosecutor left unexplored
Institutional Actors In New York Times Co. V. Sullivan Symposium: The Press And Constitution 50 Years After New York Times V. Sullivan: Panel 2: Perspectives On Sullivan: The Justices, The Parties, And The Public, Paul Horwitz
Articles
No abstract provided.
Freedom Of The Church Without Romance The Freedom Of The Church In The Modern Era, Paul Horwitz
Freedom Of The Church Without Romance The Freedom Of The Church In The Modern Era, Paul Horwitz
Articles
No abstract provided.
Iran's Nuclear Program And International Law Symposium: The U.S.-Iranian Relationship And The Future Of International Order, Daniel H. Joyner
Iran's Nuclear Program And International Law Symposium: The U.S.-Iranian Relationship And The Future Of International Order, Daniel H. Joyner
Articles
No abstract provided.
The Polysemy Of Privacy, Ronald J. Krotoszynski Jr.
The Polysemy Of Privacy, Ronald J. Krotoszynski Jr.
Articles
"The Polysemy of Privacy" considers the highly protean nature of the concept of "privacy" which extends to myriad disparate legal interests including nondisclosure generalized autonomy interests and even human dignity For a concept of such central importance to many systems of protecting fundamental rights its precise contours are surprisingly illdefined This lack of determinate meaning is not limited to the concept of "privacy" in the United States virtually all legal systems that utilize "privacy" or its first cousin "dignity" have experienced difficulty reducing the concept into specific carefully delineated legal interests In some respects privacy means everything "“ and nothing …
A Prolegomenon To Any Future Restatement Of Privacy Symposium: Restatement Of, Ronald J. Krotoszynski Jr.
A Prolegomenon To Any Future Restatement Of Privacy Symposium: Restatement Of, Ronald J. Krotoszynski Jr.
Articles
No abstract provided.
Rico Trends: From Gangsters To Class Actions, Pamela Bucy Pierson
Rico Trends: From Gangsters To Class Actions, Pamela Bucy Pierson
Articles
This article addresses the question why isn't RICO used much RICO the Racketeer Influenced and Corrupt Organizations Act both a crime and a civil cause of action was passed in 1970 with much fanfare The fanfare was deserved RICO was an imaginative criminal justice initiative aimed at complex systemic crime RICO's civil cause of action was viewed as a robust tool for plaintiffs and a vital supplement to strained law enforcement resources After conducting an indepth analysis of RICO opinions reported and unreported rendered by the federal appellate courts during the seven year time period from 20052011 this article has …
Constitutional Limitations On Punitive Damages: Ambiguous Effects And Inconsistent Justifications Note, Benjamin J. Mcmichael
Constitutional Limitations On Punitive Damages: Ambiguous Effects And Inconsistent Justifications Note, Benjamin J. Mcmichael
Articles
No abstract provided.
Complexity In Property, Meredith M. Render
Complexity In Property, Meredith M. Render
Articles
This article illuminates the largely misunderstood relationship between complexity and the regulation of property interests Specifically the article presents the complexity thesis a novel explanatory account of the principle of numerus clausus The principle of numerus clausus is an ancient common law rule which prohibits the customization of property interests The complexity thesis holds that the primary function of numerus clausus is to prevent the proliferation of highly idiosyncratic property interests In so doing numerus clausus provides a bulkhead against the overwhelming complexity that would ensue if customized property interests were permitted For the last fifteen years numerus clausus has …
Financial Intermediaries As Principals And Agents, Kenneth M. Rosen
Financial Intermediaries As Principals And Agents, Kenneth M. Rosen
Articles
No abstract provided.
Fisher, Academic Freedom, And Distrust, Paul Horwitz
Fisher, Academic Freedom, And Distrust, Paul Horwitz
Articles
In Fisher v University of Texas at Austin the United States Supreme Court remanded to the Fifth Circuit a challenge to the University of Texass postGrutter use of raceconscious admissions in selecting a student body concluding that the Fifth Circuit had not engaged in the proper level of strict scrutiny review such policies require From the moment Fisher was handed down it has been the subject of discussion and debate over whether Fisher represents a speedbump for raceconscious university admissions policies or a major barrier to such policies In this paper I focus specifically on what Fisher means as a …
Do The Mentally Ill Have A Right To Bear Arms, Fredrick E. Vars, Amanda Adcock Young
Do The Mentally Ill Have A Right To Bear Arms, Fredrick E. Vars, Amanda Adcock Young
Articles
No abstract provided.
Success And Backlash: The Remarkable (Continuing) Story Of The Clean Water Act, William L. Andreen
Success And Backlash: The Remarkable (Continuing) Story Of The Clean Water Act, William L. Andreen
Articles
The Clean Water Act has produced a tremendous amount of progress over the past forty years Both municipal and industrial discharges have declined sharply the loss of wetlands has been cut decisively and water quality has broadly improved Much more work however remains to be done Not surprisingly given the limits of human forethought and political capacity the original statutory design was not perfect Furthermore the statutes implementation has not been perfect due in large part to often straitened budgets instances of bureaucratic timidity and lethargy and the hostility that some administrations and some Congresses have exhibited towards strong environmental …
Still Standing In The Schoolhouse Door: Deconstructing Brown's Bias And Reconstructing Its Remedy, Bryan K. Fair
Still Standing In The Schoolhouse Door: Deconstructing Brown's Bias And Reconstructing Its Remedy, Bryan K. Fair
Articles
No abstract provided.
Asking The First Question: Reframing Bivens After Minneci, Alexander A. Reinert, Lumen N. Mulligan
Asking The First Question: Reframing Bivens After Minneci, Alexander A. Reinert, Lumen N. Mulligan
Articles
In Minneci v. Pollard, decided in January 2012, the Supreme Court refused to recognize a Bivens v. Six Unknown Federal Narcotics Agents suit against employees of a privately run federal prison because state tort law provided an alternative remedy, thereby adding a federalism twist to what had been strictly a separation-of-powers debate. In this Article, we show why this new state-law focus is misguided. We first trace the Court’s prior alternative-remedies-to-Bivens holdings, illustrating that this history is one narrowly focused on separation of powers at the federal level. Minneci’s break with this tradition raises several concerns. On a …
Synthesis Of Orthogonally Protected Azalanthionines (Lanazanines) By Sequential Ring-Opening Of N-Substituted Aziridine 2-Carboxylates, Keith O'Brien, Keith Ó Proinsias, Fintan Kelleher
Synthesis Of Orthogonally Protected Azalanthionines (Lanazanines) By Sequential Ring-Opening Of N-Substituted Aziridine 2-Carboxylates, Keith O'Brien, Keith Ó Proinsias, Fintan Kelleher
Articles
Orthogonally protected azalanthionines (lanazanines, 4-azadiaminopimelic acids or b-aminoalaninoalanines) have been synthesised in good yields by the ring-opening of N-protected aziridine 2-carboxylates with suitably protected diaminopropanoic acids (DAPs). The required DAPs were also synthesised by ring-opening of N-protected aziridine 2-carboxylates with para-methoxybenzylamine.
Coordination Studies Of Copper(Ii), Nickel(Ii), Cobalt(Ii) And Zinc(Ii) Salts With Pyridyl–Tetrazole Ligands Containing Alkyl Or Alkyl Halide Pendant Arms, Fintan Kelleher, Ursula Sheridan, John Mcginley, John Gallagher, Adrienne Fleming
Coordination Studies Of Copper(Ii), Nickel(Ii), Cobalt(Ii) And Zinc(Ii) Salts With Pyridyl–Tetrazole Ligands Containing Alkyl Or Alkyl Halide Pendant Arms, Fintan Kelleher, Ursula Sheridan, John Mcginley, John Gallagher, Adrienne Fleming
Articles
The reaction of 2-(2H-tetrazol-5-yl)pyridine (L1) with 1,n-dibromoalkane (n = 3, 4, 6 or 8) results in the formation of the isomers 2-(n′′-bromoalkyl-(1-tetrazol-5-yl)pyridine (L2A-D) and 2-(n′′-bromoalkyl-(2-tetrazol-5-yl)pyridine (L3A-D). The reaction of L1 with 1-bromoalkanes also resulted in the formation of isomeric materials, namely 2-(n′′-alkyl-(1-tetrazol-5-yl)pyridine (L4A-C) and 2-(n′′-alkyl-(2-tetrazol-5-yl)pyridine (L5A-C). Complexation reactions of these ligands with the transition metal salts CuCl2.2H2O, Co(NCS)2, NiCl2.2H2O and ZnCl2 were carried out in methanol and …
Raman Micro Spectroscopy Study Of The Interaction Of Vincristine With A549 Cells Supported By Expression Analysis Of Bcl-2 Protein, Haq Nawaz, Amaya Garcia, Aidan Meade, Fiona Lyng, Hugh Byrne
Raman Micro Spectroscopy Study Of The Interaction Of Vincristine With A549 Cells Supported By Expression Analysis Of Bcl-2 Protein, Haq Nawaz, Amaya Garcia, Aidan Meade, Fiona Lyng, Hugh Byrne
Articles
Understanding the interaction of anticancer drugs with model cell lines is important to elucidate the mode of action of these drugs as well as to develop cost effective and rapid screening methods. Raman spectroscopy has been demonstrated to be a valuable technique for high throughput, noninvasive analysis. The interaction of vincristine with a human lung adenocarcinoma cell line (A549)was investigated using Raman micro spectroscopy. The results were correlated with parallel measurements from the MTT cytotoxicity assay, which yielded an IC50 value of 0.10 ± 0.03 μM. The Raman spectral data acquired from vincristine treated A549 cells was analysed to …
Integration Reclaimed: A Review Of Gary Peller's Critical Race Consciousness, Michelle Adams
Integration Reclaimed: A Review Of Gary Peller's Critical Race Consciousness, Michelle Adams
Articles
Integration occupies a contested and often paradoxical place in legal and public policy scholarship and the American imagination. Today, more Americans are committed to integration than ever before. Yet this attachment to integration is hardly robust. There is a widespread perception that integration has failed. A vanishingly small percentage of social and economic resources are spent on integration. At the same time, some progressives and those who would otherwise consider themselves on the "left" criticize integration as insufficiently attentive to economic equality and dismissive of black identity and culture. Scholars from across the political spectrum have sought to explain this …
Jeffrey O'Connell And The Market In Tort Claims, Anthony J. Sebok
Jeffrey O'Connell And The Market In Tort Claims, Anthony J. Sebok
Articles
This article examines a transitional period in Jeffrey O'Connell's long and productive career as an observer and critic of the American civil justice system. By the early 1970's O'Connell had begun to abandon enterprise liability as a solution to the waste and undercompensation he saw in the tort system. Eventually O'Connell would develop solutions that focused on constraining plaintiffs' attorneys, and less on no-fault compensation. Before reaching this point, O'Connell proposed a no-fault insurance scheme that would be paid for by fault-based tort litigation. This proposal, which he called "elective first party no-fault insurance" ("EFPI") is the focus of this …
Are Risks Wrong?, Anthony J. Sebok
Moral Obligations Of Landowners: An Examination Of Doctrine, Stewart E. Sterk
Moral Obligations Of Landowners: An Examination Of Doctrine, Stewart E. Sterk
Articles
Efficiency concerns generally take center stage in modern discussions of property's institutional foundations. But property's moral dimension has a far longer pedigree. Two of the ten commandments implicitly acknowledge the importance of property. "Thou shalt not steal" has no meaning in the absence of property ownership. Similarly, the command that "thou shalt not covet your neighbor's house" assumes that the house has an owner whose rights merit respect.