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Articles 25141 - 25170 of 27319
Full-Text Articles in Entire DC Network
A Tale Of Two Textualists: A Critical Comparison Of Justices Black And Scalia, Michael J. Gerhardt
A Tale Of Two Textualists: A Critical Comparison Of Justices Black And Scalia, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Max And Ralph: Unruly Children Of Limited-Form Requirements Contracts, David E. Boelzner
Max And Ralph: Unruly Children Of Limited-Form Requirements Contracts, David E. Boelzner
Faculty Publications
No abstract provided.
Understanding Kaye Scholer: The Autonomous Citizen, The Managed Subject And The Role Of The Lawyer, Nancy Amoury Combs
Understanding Kaye Scholer: The Autonomous Citizen, The Managed Subject And The Role Of The Lawyer, Nancy Amoury Combs
Faculty Publications
The Office of Thrift Supervision's (OTS) unprecedented enforcement action against Kaye, Scholer, Fierman, Hays and Handler (Kaye Scholer) prompted howls of protest from the legal community. OTS, it was claimed, was using its excessive power to redefine the role of the lawyer. This Comment confirms that OTS sought to impose duties on Kaye Scholer that conflict with professional ethics rules. The Comment then goes on to suggest that the conflict over professional responsibility in the Kaye Scholer case reflects, more fundamentally, a conflict over the role of the citizen, and the citizen's relationship with the state. Our adversarial system of …
Tempest In An Envelope: Reflections On The Bush White House's Failed Takeover Of The U.S. Postal Service, Neal Devins
Tempest In An Envelope: Reflections On The Bush White House's Failed Takeover Of The U.S. Postal Service, Neal Devins
Faculty Publications
No abstract provided.
Ideology As Interpretation: A Reply To Professor Greene's Theory Of The Religion Clauses, Scott C. Idleman
Ideology As Interpretation: A Reply To Professor Greene's Theory Of The Religion Clauses, Scott C. Idleman
Faculty Publications
No abstract provided.
Rediscovering Nonjusticiability: Judicial Review Of Impeachments After Nixon, Michael J. Gerhardt
Rediscovering Nonjusticiability: Judicial Review Of Impeachments After Nixon, Michael J. Gerhardt
Faculty Publications
No abstract provided.
From Crippled To Disabled: The Legal Empowerment Of Americans With Disabilities, Michael Ashley Stein
From Crippled To Disabled: The Legal Empowerment Of Americans With Disabilities, Michael Ashley Stein
Faculty Publications
No abstract provided.
An Experiment With Electronic Mail And Constitutional Theory, I. Trotter Hardy
An Experiment With Electronic Mail And Constitutional Theory, I. Trotter Hardy
Faculty Publications
No abstract provided.
Discussion In The Security Council On Environmental Intervention In The Ukraine, Linda A. Malone
Discussion In The Security Council On Environmental Intervention In The Ukraine, Linda A. Malone
Faculty Publications
No abstract provided.
The Rhetoric Of Moderation: Desegregating The South During The Decade After Brown, Davison M. Douglas
The Rhetoric Of Moderation: Desegregating The South During The Decade After Brown, Davison M. Douglas
Faculty Publications
No abstract provided.
The Inverted Pyramid Of Wire Transfer Law, Raj Bhala
The Inverted Pyramid Of Wire Transfer Law, Raj Bhala
Faculty Publications
No abstract provided.
Unitariness And Independence: Solicitor General Control Over Independent Agency Litigation, Neal Devins
Unitariness And Independence: Solicitor General Control Over Independent Agency Litigation, Neal Devins
Faculty Publications
With a few exceptions, the Solicitor General controls all aspects of independent agency litigation before the Supreme Court. Solicitor General control of Supreme Court litigation creates a tension between independent agency freedom and the Solicitor General's authority. On the one hand, Solicitor General control provides the United States with a unitary voice before the Supreme Court, and provides the Court with a trustworthy litigator to explicate the government's position. On the other hand, such control may undermine the autonomy of independent agency decision making. In this Article, the author argues for a hybrid model of independent agency litigation in the …
Avoiding Takings “Accidents”: A Torts Perspective On Takings Law, Eric Kades
Avoiding Takings “Accidents”: A Torts Perspective On Takings Law, Eric Kades
Faculty Publications
Viewing the Takings Clause of the Fifth Amendment as a form of insurance appeals to our intuition. The government, like fire, does not often "take" property, but when faced with extraordinary risk property owners naturally desire compensation. Recent scholarship, however, has dissolved the attractiveness of this perspective. This literature, through economic analysis, claims that the Takings Clause should be repealed and replaced with private takings insurance. This is the "no-compensation" result. This article argues that the insurance-based understanding of the just compensation requirement can be preserved without reaching the surprising no-compensation result. The intuitive appeal of understanding the Takings Clause …
Through The Looking Glass: What Abortion Teaches Us About American Politics, Neal Devins
Through The Looking Glass: What Abortion Teaches Us About American Politics, Neal Devins
Faculty Publications
No abstract provided.
Appropriation Riders, Neal Devins
Affirmative Action, Neal Devins
The Quest For Freedom In The Post-Brown South: Desegregation And White Self-Interest, Davison M. Douglas
The Quest For Freedom In The Post-Brown South: Desegregation And White Self-Interest, Davison M. Douglas
Faculty Publications
No abstract provided.
The Third International Confucian-Christian Conference Held In Boston, Christian Jochim
The Third International Confucian-Christian Conference Held In Boston, Christian Jochim
Faculty Publications
No abstract provided.
Intake Factors And Intake Processes In Adult Language Learning, B Kumaravadivelu
Intake Factors And Intake Processes In Adult Language Learning, B Kumaravadivelu
Faculty Publications
No abstract provided.
The Other Tongue: English Across Cultures, B Kumaravadivelu
The Other Tongue: English Across Cultures, B Kumaravadivelu
Faculty Publications
No abstract provided.
Patron Online Catalog Success, Jo Bell Whitlatch, Rosemary Thorne
Patron Online Catalog Success, Jo Bell Whitlatch, Rosemary Thorne
Faculty Publications
No abstract provided.
Microscopic Simulation Of Dilute Gases With Adjustable Transport Coefficients, Alejandro Garcia, F. Baras, M. Malek Mansour
Microscopic Simulation Of Dilute Gases With Adjustable Transport Coefficients, Alejandro Garcia, F. Baras, M. Malek Mansour
Faculty Publications
The Bird algorithm is a computationally efficient method for simulating dilute gas flows. However, due to the relatively large transport coefficients at low densities, high Rayleigh or Reynolds numbers are difficult to achieve by this technique. We present a modified version of the Bird algorithm in which the relaxation processes are enhanced and the transport coefficients reduced, while preserving the correct equilibrium and nonequilibrium fluid properties. The present algorithm is found to be two to three orders of magnitude faster than molecular dynamics for simulating complex hydrodynamical flows.
Country/Region Reports -- United States Of America, Linda A. Malone
Country/Region Reports -- United States Of America, Linda A. Malone
Faculty Publications
No abstract provided.
Evolving Consensus: The Dynamic Future Of Environmental Law And Policy, Ronald H. Rosenberg
Evolving Consensus: The Dynamic Future Of Environmental Law And Policy, Ronald H. Rosenberg
Faculty Publications
No abstract provided.
Tragedy, Irony, And Protectionism After Bcci: A Three-Act Play Starring Maharajah Bank, Raj Bhala
Tragedy, Irony, And Protectionism After Bcci: A Three-Act Play Starring Maharajah Bank, Raj Bhala
Faculty Publications
Post-BCCI legal developments regarding the regulation of foreign banks raise serious concerns of protectionism. The Foreign Bank Supervision Enhancement Act of 1991 and revisions to Federal Reserve Regulation K impose significant new legal burdens on foreign banks seeking to establish a physical presence in the U.S. The new legal regime reflects a tragic sacrifice of the principle of free trade in banking services in order to placate a fear of "bad" foreign banks. Ironically, the sacrifice of this principle by Congress and the Federal Reserve is incongruous with efforts of the United States Trade Representative (USTR). The USTR has negotiated …
A Bibliography For The United States Courts Of Appeals, Thomas E. Baker
A Bibliography For The United States Courts Of Appeals, Thomas E. Baker
Faculty Publications
No abstract provided.
Toward A Unified Theory Of Products Liability: Reviving The Causative Concept Of Legal Fault, Elizabeth Price Foley, Elizabeth C. Price
Toward A Unified Theory Of Products Liability: Reviving The Causative Concept Of Legal Fault, Elizabeth Price Foley, Elizabeth C. Price
Faculty Publications
This paper explores the concept of "causative" fault – with an emphasis on proximate and actual cause – as a substitute for modern strict liability.
Confederate Bonds, General Custer, And The Regulation Of Derivative Financial Instuments, Jerry W. Markham
Confederate Bonds, General Custer, And The Regulation Of Derivative Financial Instuments, Jerry W. Markham
Faculty Publications
The phenomenal growth of derivative financial instruments has sparked a near revolution in finance. These instruments take many forms and come in literally hundreds of varieties. Some, such as commodity futures and options, are heavily regulated when they are traded on organized exchanges. Other derivatives, particularly those traded over-the-counter, are subject to little regulation. Included on the list of unregulated derivatives are swap transactions. The swaps market alone is equal in size to the regulated markets with which it competes. The lack of regulation over such a large financial market and the losses suffered by some large firms in recent …
The Inherent Power To Impose Sanctions: How A Federal Judge Is Like An 800-Pound Gorilla, Thomas E. Baker
The Inherent Power To Impose Sanctions: How A Federal Judge Is Like An 800-Pound Gorilla, Thomas E. Baker
Faculty Publications
Inherent sanctions, like Rule 11 sanctions, may be imposed against any person responsible for wrongdoing, regardless of whether that person is a litigant or an attorney. Sanctionable wrongdoing includes pre litigation misconduct, as well as abuses of process that occur beyond the courtroom, such as the willful disobedience of an otherwise valid court order, so long as the court affords a violation due process before imposing sanctions. In addition to Rule 11's function as a deterrent, inherent sanctions further the goals of compensation and punishment.
Using Computer Conferencing Technology To Assist Collaboration Between Higher Education Faculty; Student Teachers And K-12 Practitioners, Richard Stahlhut, Richard R. Hawkes
Using Computer Conferencing Technology To Assist Collaboration Between Higher Education Faculty; Student Teachers And K-12 Practitioners, Richard Stahlhut, Richard R. Hawkes
Faculty Publications
The College of Education at the University of Northern Iowa (UNI) created collaborative partnerships with nine major school districts in Iowa in order to establish several kinds of relationships between practitioners and university faculty which computer networks facilitated. A new "Cobra" computer conference system was expanded to the nine regional off-campus centers where UNI student teachers were working; and modem-equipped portable computers were linked to the campus through a WATTS telephone line. Personnel; including field-based personnel and practitioners; were then able to communicate with nearly all offices on UNI campus through E-mail and computer conferences. Further programs have recruited teachers …