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Articles 7171 - 7200 of 8078
Full-Text Articles in Entire DC Network
When Law Risks Madness, Susan P. Koniak
When Law Risks Madness, Susan P. Koniak
Faculty Scholarship
Within the United States in 1996, there is a community scattered among us with its own law, its own courts and its own well-armed militias. While the existence of these militias has prompted some debate in the legal literature, the community's law and its courts have been ignored. That law rejects the power of the courts of the federal government and those of the states over the "Sovereign Citizens" of this separate community. On the other hand, this community claims jurisdiction over us - should we interfere with its citizens in some way proscribed by its law - and over …
Isn't It A Crime: Feminist Perspectives On Spousal Immunity And Spousal Violence, Malinda L. Seymore
Isn't It A Crime: Feminist Perspectives On Spousal Immunity And Spousal Violence, Malinda L. Seymore
Faculty Scholarship
Much has been written about the reluctance of police to arrest in domestic violence cases and the reluctance of the state to prosecute such cases. Part of that reluctance may be caused by prevalent societal attitudes that diminish the importance of spousal violence. In a number of jurisdictions, the reluctance to pursue criminal sanctions against married abusers is caused by the difficulty of procuring the battered spouses' testimony.5 In those jurisdictions, the prosecutor cannot compel a reluctant spouse's testimony because of the spousal privilege not to testify against a defendant spouse. Even in jurisdictions that have some exceptions to the …
Conflicts Of Interests In The Representation Of Children, Nancy J. Moore
Conflicts Of Interests In The Representation Of Children, Nancy J. Moore
Faculty Scholarship
Conflicts of interests arise whenever the representation of a client may be materially limited by the lawyer's duties to either another client or a third person or by the interests of the lawyer herself.' Analyzing such conflicts typically requires identifying situations involving a potentially impermissible conflict, determining whether the conflict is consentable, and, if it is, obtaining consent after full disclosure.2 Conflicts analysis is difficult enough when the client is an adult.3 When the client is a child, however, the analysis is complicated by a number of factors. For example, in the wide variety of cases in which children (or …
Fluctuations And Light Scattering In A Liquid Crystal Polymer Fiber, R. A. Sones, Rolfe G. Petschek
Fluctuations And Light Scattering In A Liquid Crystal Polymer Fiber, R. A. Sones, Rolfe G. Petschek
Faculty Scholarship
The spatial correlation function is calculated for thermal fluctuations of the liquid crystal director field in the core of an optical fiber composed of a main chain liquid crystal polymer in the smectic-C phase. Due to steric constraints on the liquid crystal polymer, the smectic layers orient perpendicular to the fiber axis, the liquid crystal director lies flat against the core-cladding interface, and a line disclination appears along the fiber axis. The analysis is based on a Landau-de Gennes expression for free energy, which includes ordinary smectic-C elastic terms as well as terms added to model the disclination. The correlation …
Star Wars: Film Permitting, Prior Restraint & Government's Role In The Entertainment Industry, Jon M. Garon
Star Wars: Film Permitting, Prior Restraint & Government's Role In The Entertainment Industry, Jon M. Garon
Faculty Scholarship
No abstract provided.
Innovations In Collective Bargaining: Nummi - Driven To Excellence, Marley S. Weiss
Innovations In Collective Bargaining: Nummi - Driven To Excellence, Marley S. Weiss
Faculty Scholarship
No abstract provided.
The Innkeeper's Tale: The Legal Development Of A Public Calling, David S. Bogen
The Innkeeper's Tale: The Legal Development Of A Public Calling, David S. Bogen
Faculty Scholarship
No abstract provided.
Telling The Truth And Paying For It: A Comparison Of Two Cases - Restrictions On Political Speech In Australia And Commercial Speech In The United States, David S. Bogen
Faculty Scholarship
No abstract provided.
Unfunded Environmental Mandates And The "New (New) Federalism": Devolution, Revolution, Or Reform, Rena I. Steinzor
Unfunded Environmental Mandates And The "New (New) Federalism": Devolution, Revolution, Or Reform, Rena I. Steinzor
Faculty Scholarship
No abstract provided.
Women Of Childbearing Potential In Clinical Research: Perspectives On Nih Policy And Liability Issues, Karen H. Rothenberg, Eugene G. Hayunga, Vivian W. Pinn
Women Of Childbearing Potential In Clinical Research: Perspectives On Nih Policy And Liability Issues, Karen H. Rothenberg, Eugene G. Hayunga, Vivian W. Pinn
Faculty Scholarship
No abstract provided.
Studying Deck Chairs On The Titanic, William L. Reynolds, William M. Richman
Studying Deck Chairs On The Titanic, William L. Reynolds, William M. Richman
Faculty Scholarship
No abstract provided.
Elitism, Expediency, And The New Certiorari: Requiem For The Learned Hand Tradition, William M. Richman, William L. Reynolds
Elitism, Expediency, And The New Certiorari: Requiem For The Learned Hand Tradition, William M. Richman, William L. Reynolds
Faculty Scholarship
No abstract provided.
Administrative Law Progress In 1995: Important Pennsylvania Supreme Court Decisions, John L. Gedid
Administrative Law Progress In 1995: Important Pennsylvania Supreme Court Decisions, John L. Gedid
Faculty Scholarship
No abstract provided.
The New Paradigm In Custody Law: Looking At Parents With A Loving Eye, Mary Kate Kearney
The New Paradigm In Custody Law: Looking At Parents With A Loving Eye, Mary Kate Kearney
Faculty Scholarship
No abstract provided.
A Championship Season For The First Amendment, Joel Gora
A Championship Season For The First Amendment, Joel Gora
Faculty Scholarship
No abstract provided.
Images Of Law School And Law Teaching In An Imperfect Spy, Stacy Caplow, Spencer W. Waller
Images Of Law School And Law Teaching In An Imperfect Spy, Stacy Caplow, Spencer W. Waller
Faculty Scholarship
No abstract provided.
From Courtroom To Classroom: Creating An Academic Component To Enhance The Skills And Values Learned In A Student Judicial Clerkship Clinic, Stacy Caplow
Faculty Scholarship
No abstract provided.
Rationality And The Foundations Of Positive Political Theory, Mathew D. Mccubbins, Michael F. Thies
Rationality And The Foundations Of Positive Political Theory, Mathew D. Mccubbins, Michael F. Thies
Faculty Scholarship
In this paper, we discuss and debunk the four most common critiques of the rational choice research program (which we prefer to call Positive Political Theory) by explaining and advocating its foundations: the rationality assumption, component analysis (abstraction), strategic behavior, and theory building, in turn. We argue that the rationality assumption and component analysis, properly understood, can be seen to underlie all social science, despite the protestations of critics. We then discuss the two ways that PPT most clearly contributes to political science (i.e., what distinguishes it from other research programs), namely the introduction of strategic behavior (people do not …
How We Lost The High-Tech War Of 2007: A Warning For The Future, Charles J. Dunlap Jr.
How We Lost The High-Tech War Of 2007: A Warning For The Future, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
The Role Of Firearms In Violence "Scripts": The Dynamics Of Gun Events Among Adolescent Males, Deanna L. Wilkinson, Jeffrey Fagan
The Role Of Firearms In Violence "Scripts": The Dynamics Of Gun Events Among Adolescent Males, Deanna L. Wilkinson, Jeffrey Fagan
Faculty Scholarship
In recent years, the use and deadly consequences of gun violence among adolescents has reached epidemic proportions. At a time when national homicide rates are declining, the increasing rates of firearm deaths among teenagers is especially alarming. Deaths of adolescents due to firearm injuries are disproportionately concentrated among nonwhites, and especially among African-American teenagers and young adults. Only in times of civil war have there been higher within-group homicide rates in the United States. There appears to be a process of self-annihilation among male African-American teens in inner cities that is unprecedented in American history. Unfortunately, few studies have examined …
Searches, Seizures, Confessions, And Some Thoughts On Criminal Procedure: Regulation Of Police Investigation -- Legal, Historical, Empirical, And Comparative Materials, Daniel B. Yeager
Faculty Scholarship
Criminal procedure casebooks densely populate the market but rarely are reviewed. In Criminal Procedure: Regulation of Police Investigation-Legal, Historical, Empirical, and Comparative Materials, Christopher Slobogin copes with the anxiety of influence by writing a different sort of text. Simply put, the book is outwardly somewhat homely. Aesthetics aside, the book is mostly excellent and astonishingly so for a first edition. As the subtitle promises, the book has something for everyone: historians, empiricists, comparativists, theoreticians, case-crunchers, and practitioners. This review essay tracks the book's crowning achievement-the refreshing and inventive "perspectives" chapter that opens the book. The essay then reflects on …
Cyberattack! Are We At War?, Charles J. Dunlap Jr.
Cyberattack! Are We At War?, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Fired Employees And/Or Frozen-Out Shareholders (An Essay), Deborah A. Schmedemann
Fired Employees And/Or Frozen-Out Shareholders (An Essay), Deborah A. Schmedemann
Faculty Scholarship
The thesis of this essay can be stated as follows: Shareholder-employees should be able to recover for loss of employment, within the cause of action provided by corporate law, where the termination violates public law, breaches the agreement among the shareholders, or is unsupported by legitimate business purposes. In Part II, this essay presents the employment model, including the paradigm of employment that the law builds on, the starting premise of employment law, the roles of private and public law, and the remedies afforded for violations of an employee's rights. In Part III, this essay develops the corporate model, discussing …
Resolving The Subsidiary Director's Dilemma, Eric J. Gouvin
Resolving The Subsidiary Director's Dilemma, Eric J. Gouvin
Faculty Scholarship
Although subsidiaries play a significant role in our economy, surprisingly little has been written about the duties of their directors. Despite widespread acceptance of holding companies as commonplace business entities, several legal problems inherent in the holding company form of ownership remain unresolved. Holding companies raise legal dilemmas for subsidiary directors that are easier to ignore than to resolve. This Article examines the subsidiary director's dilemma and demonstrates that traditional models of corporate structure are not adequate for the subsidiary-parent situation. The Author argues that the law should recognize the special relationship between a parent and its subsidiary and adopt …
How Can We Sleep While The Beds Are Burning? The Tumultuous Prison Culture Of Attica Flourishes In American Prisons Twenty-Five Years Later, Justin P. Brooks
How Can We Sleep While The Beds Are Burning? The Tumultuous Prison Culture Of Attica Flourishes In American Prisons Twenty-Five Years Later, Justin P. Brooks
Faculty Scholarship
No abstract provided.
A Lawyer's Guide To Modern Valuation Techniques In Mergers And Acquisitions, Samuel C. Thompson Jr.
A Lawyer's Guide To Modern Valuation Techniques In Mergers And Acquisitions, Samuel C. Thompson Jr.
Faculty Scholarship
No abstract provided.
“And To The Republic For Which It Stands”: Guaranteeing A Republican Form Of Government, Catherine A. Rogers, David L. Faigman
“And To The Republic For Which It Stands”: Guaranteeing A Republican Form Of Government, Catherine A. Rogers, David L. Faigman
Faculty Scholarship
Most scholars who have addressed voter initiatives suggest only that the Guarantee Clause requires that the Supreme Court take a more active role in reviewing the constitutionality of state initiative measures. In contrast, we argue in this Essay that the Guarantee Clause establishes a per se prohibition against state initiatives. Part I of this Essay briefly examines the historical origins of the Guarantee Clause and the Founders’ apprehensions of direct democracy. Part II observes how modern state initiatives provide contemporary illustrations of the Founders’ philosophical concerns about direct democracy. Part III concludes that state initiative measures constitute per se violations …
Remembering Melville Nimmer: Some Cautionary Notes On Commercial Speech, William W. Van Alstyne
Remembering Melville Nimmer: Some Cautionary Notes On Commercial Speech, William W. Van Alstyne
Faculty Scholarship
This examination concerns itself with two main questions: what qualifies as commercial speech and how much protection does commercial speech enjoy under the First Amendment when compared to other forms of speech. The trend of the Court indicates that commercial speech enjoys protections similar to political speech.
Melancholy Reunion: A Report From The Future On The Collapse Of Civil-Military Relations In The United States, Charles J. Dunlap Jr.
Melancholy Reunion: A Report From The Future On The Collapse Of Civil-Military Relations In The United States, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
International Contracts In European Courts: Jurisdiction Under Article 5(1) Of The Brussels Convention, Herbert Bernstein
International Contracts In European Courts: Jurisdiction Under Article 5(1) Of The Brussels Convention, Herbert Bernstein
Faculty Scholarship
No abstract provided.