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Articles 8521 - 8550 of 10678
Full-Text Articles in Entire DC Network
The Law And The Human Target In Information Warfare: Cautions And Opportunities, Charles J. Dunlap Jr.
The Law And The Human Target In Information Warfare: Cautions And Opportunities, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Constitutional Design: An Oxymoron?, Donald L. Horowitz
Constitutional Design: An Oxymoron?, Donald L. Horowitz
Faculty Scholarship
No abstract provided.
Civil Challenges To The Use Of Low-Bid Contracts For Indigent Defense, Margaret H. Lemos
Civil Challenges To The Use Of Low-Bid Contracts For Indigent Defense, Margaret H. Lemos
Faculty Scholarship
In recent years, increasing attention has been directed to the problem of adequate representation for indigent criminal defendants. While overwhelming caseloads and inadequate funding plague indigent defense systems of all types, there is a growing consensus in the legal community that low-bid contract systems-under which the state or locality's indigent defense work is assigned to the attorney willing to accept the lowest fee-pose particularly serious obstacles to effective representation. In this Note, Margaret Lemos argues that the problems typical of indigent defense programs in general-and low-bid contract systems in particular-can and should be addressed through § 1983 civil actions alleging …
Personal Rights And Rule Dependence: Can The Two Co-Exist?, Matthew D. Adler
Personal Rights And Rule Dependence: Can The Two Co-Exist?, Matthew D. Adler
Faculty Scholarship
Constitutional doctrine is typically "rule-dependent." Typically, a constitutional litigant will not prevail unless she can show that a particular kind of legal rule is in force, e.g., a rule that discriminates against "suspect classes" in violation of the Equal Protection Clause, or that targets speech in violation of the First Amendment, or that is motivated by a religious purpose in violation of the Establishment Clause. Further, the litigant must typically establish a violation of her "personal rights." The Supreme Court has consistently stated that a reviewing court should not invalidate an unconstitutional governmental action at the instance of a claimant …
Implementing Cost-Benefit Analysis When Preferences Are Distorted, Matthew D. Adler, Eric A. Posner
Implementing Cost-Benefit Analysis When Preferences Are Distorted, Matthew D. Adler, Eric A. Posner
Faculty Scholarship
Cost-benefit analysis is routinely used by government agencies in order to evaluate projects, but it remains controversial among academics. This paper argues that cost-benefit analysis is best understood as a welfarist decision procedure and that use of cost-benefit analysis is more likely to maximize overall well-being than is use of alternative decision-procedures. The paper focuses on the problem of distorted preference. A person's preferences are distorted when his or her satisfaction does not enhance that person's well-being. Preferences typically thought to be distorted in this sense include disinterested preferences, uninformed preferences, adaptive preferences, and objectively bad preferences; further, preferences may …
Recent Efforts To Change Discovery Rules: Advice For Draftsmen Of Rules For State Courts, Paul D. Carrington
Recent Efforts To Change Discovery Rules: Advice For Draftsmen Of Rules For State Courts, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Sexual Harassment And Racial Disparity: The Mutual Construction Of Gender And Race, Tanya K. Hernandez
Sexual Harassment And Racial Disparity: The Mutual Construction Of Gender And Race, Tanya K. Hernandez
Faculty Scholarship
For a number of years, commentators have proffered anecdotal evidence to suggest that women of color figure prominently as sexual harassment plaintiffs. Until recently, a systematic statistical analysis of women's experiences of sexual harassment by race was largely unavailable. For the first time, this Article comprehensively analyzes Equal Employment Opportunity Commission (EEOC) sexual harassment charge statistics, by looking at data from the last seven years along with Lexis-Nexis and Westlaw electronic reports of sexual harassment complaints for the last twenty years. What immediately becomes apparent in this statistical analysis of sexual harassment charges in the United States is the overrepresentation …
The Perils Of Public Opinion, Deborah W. Denno
The Perils Of Public Opinion, Deborah W. Denno
Faculty Scholarship
Justice, Liability, and Blame: Community Views and the Criminal Law (“Justice”) is a rich, creative, and intriguing book with an ambitious goal: to examine the extent to which laypersons' views of justice (their “moral intuitions”) are reflected in current criminal codes. This Article discusses the significance of Justice's approach to understanding law and why the book is an excellent springboard for further research comparing community standards and legal codes. However, this Article particularly emphasizes the perils of incorporating public opinion into the law based upon three major sources: (1) this Article's own study of national and New Jersey demographic and …
Adieu To Electrocution, Deborah W. Denno
Adieu To Electrocution, Deborah W. Denno
Faculty Scholarship
This Article contends that there is no moral or legal reason to retain electrocution, particularly because other execution methods are available. It is clear that at some point soon, electrocution will no longer exist in this country and, as a result, throughout the world. By eliminating this perplexing vestige, the other problems with the death penalty may appear all that more offensive.
The Changing Complexion Of Workplace Law: Labor And Employment Decisions Of The Supreme Court's 1999-2000 Term , James J. Brudney
The Changing Complexion Of Workplace Law: Labor And Employment Decisions Of The Supreme Court's 1999-2000 Term , James J. Brudney
Faculty Scholarship
At the dawn of a new century of Supreme Court workplace law, it seems especially appropriate to offer some perspective on the recent and relatively recent past. Before addressing the seven cases involving labor and employment issues decided by the Supreme Court in the Term just ended, I want briefly to describe (in what I hope are not mechanical terms) how the Court's interests in labor and employment law have evolved from the start of the Burger Era in 1969 to the current, mature stage of the Rehnquist Court.
Keeping The Reformist Spirit Alive In Evidence Law Tribute, Stephen A. Saltzburg, Edward J. Imwinkelried
Keeping The Reformist Spirit Alive In Evidence Law Tribute, Stephen A. Saltzburg, Edward J. Imwinkelried
Faculty Scholarship
No abstract provided.
Rational Recreation And The Law: The Transformation Of Popular Urban Leisure In Victorian England , Rachel Vorspan
Rational Recreation And The Law: The Transformation Of Popular Urban Leisure In Victorian England , Rachel Vorspan
Faculty Scholarship
In this article, Rachel Vorspan investigates the complex role played by the courts in the social and cultural transformation of Victorian England. Through focusing on judicial rulings in the recreational as well as political and industrial contexts she explains how the English judiciary played an important function in "rationalizing" the major institutions and practices of urban leisure
Social Risk And The Transformation Of Public Health Law: Lessons From The Plague Years, Elizabeth B. Cooper
Social Risk And The Transformation Of Public Health Law: Lessons From The Plague Years, Elizabeth B. Cooper
Faculty Scholarship
Acquired Immune Deficiency Syndrome (AIDS) was the wake-up call that disturbed America from its mid-twentieth century slumber concerning the dangers of communicable diseases. Until AIDS was identified in 1981, most Americans felt largely impervious to health threats posed by viruses or bacteria. Polio, smallpox, and tuberculosis had been brought under control by the "magic bullets" of antibiotics and vaccines." We felt more susceptible to the ravages of cancer or the debilitation of heart disease. But, over the last twenty years, the (re)emergence of serious or life-threatening microbial- based conditions such as Ebola, hantavirus, Lyme disease, West Nile virus, and even …
Market Power Requirement In Antitrust Rule Of Reason Cases: A Rhetorical History, The, Mark R. Patterson
Market Power Requirement In Antitrust Rule Of Reason Cases: A Rhetorical History, The, Mark R. Patterson
Faculty Scholarship
The requirement that an antitrust plaintiff show market power in rule of reason cases has an uninspiring history and unconvincing justifications. Such a requirement has never been adopted by the Supreme Court, and is currently imposed by only the Seventh and Fourth Circuits. Indeed, the requirement was never imposed very widely, despite frequent claims to the contrary. More significantly, the Seventh Circuit cases that initially established the requirement, and that continue to be cited for it, did so with misleading citations to cases from other circuits. Furthermore, the justifications that have been offered for the requirement have generally been either …
Legal Practice Rights Of Domestic And Foreign Lawyers In The United States , Roger J. Goebel
Legal Practice Rights Of Domestic And Foreign Lawyers In The United States , Roger J. Goebel
Faculty Scholarship
In the post-World War II international economy, with its enormous growth in transnational trade and investment, multinational legal practice has become a functional reality. Within the last two decades, the volume of trans-border legal practice has grown enormously in fields such as trade law, international banking and finance, international arbitration and litigation, international contractual and joint venture arrangements, transborder acquisitions and mergers, international antitrust, inter- national tax planning, and foreign investment counselling. Domestic law firms within the leading commercial nations have not only grown substantially in size, often by merger, they have also increasingly created networks of foreign branch offices, …
Government Of The Good , Abner S. Greene
Government Of The Good , Abner S. Greene
Faculty Scholarship
Webster's definition of the noun "good" begins: "something that possesses desirable qualities, promotes success, welfare, or happiness, or is otherwise beneficial." Whether government should promote the good, and in particular whether government should use its powers of persuasion-its "speech," if you will-to promote contested views of the good, is the subject of this Article. I will argue that, as a matter of political theory, government in a liberal democracy not only may promote contested views of the good, but should do so, as well. Further, nothing in our constitutional jurisprudence demands otherwise, assuming certain conditions are met. In taking these …
Convocation Inaugurating The Samuel M Kaynard Distinguished Visiting Professorship In Labor And Employment Law, John D. Feerick
Convocation Inaugurating The Samuel M Kaynard Distinguished Visiting Professorship In Labor And Employment Law, John D. Feerick
Faculty Scholarship
No abstract provided.
The Role Of Power In The Rule Of Reason, Mark R. Patterson
The Role Of Power In The Rule Of Reason, Mark R. Patterson
Faculty Scholarship
No abstract provided.
(Panelist) Collision, Towage, Salvage And Limitation Of Liability, Joseph Sweeney
(Panelist) Collision, Towage, Salvage And Limitation Of Liability, Joseph Sweeney
Faculty Scholarship
No abstract provided.
Collisions, Joseph Sweeney
The Insolvent Life Care Provider: Who Leads The Dance Between The Federal Bankruptcy Code And State Continuing-Care Statutes, Nathalie Martin
The Insolvent Life Care Provider: Who Leads The Dance Between The Federal Bankruptcy Code And State Continuing-Care Statutes, Nathalie Martin
Faculty Scholarship
Continuing-care retirement communities provide seniors with an attractive option to traditionaln ursing homes. These arrangementsa llow seniors to live in a pleasant, independent environment for as long as possible, and then receive life time nursing care when it is needed. Residents of these communities pay a large upfront entry fee in exchange for the promise of life time nursing care. When continuing care facilities file for bankruptcy, however, residents risk losing their large upfront entry fee, which drastically reduces the value of these arrangements to consumers. In this Article, Professor Nathalie Martin analyses these risks against a host of state …
Getting Serious About Curtailing Deferral Of Us Tax On Foreign Source Income, Robert J. Peroni, J. Clifton Fleming Jr., Stephen E. Shay
Getting Serious About Curtailing Deferral Of Us Tax On Foreign Source Income, Robert J. Peroni, J. Clifton Fleming Jr., Stephen E. Shay
Faculty Scholarship
When a U.S. person conducts business or investment activity abroad through a foreign corporation in a country that imposes only low rates of tax, the so-called deferral privilege allows the U.S. taxpayer to defer substantial amounts of U.S. tax at the cost of only a small foreign levy. Hence, the deferral privilege operates as a tax subsidy of sorts for U.S. persons with operations in low tax foreign countries and provides a major incentive for U.S. persons to shift their business operations and investments to foreign countries that impose little or no tax on the earnings of the foreign corporations.To …
Microscopic Origins Of Heliclinic Phases In Smectic Liquid Crystals, Jonathan J. Stott, Rolfe G. Petschek
Microscopic Origins Of Heliclinic Phases In Smectic Liquid Crystals, Jonathan J. Stott, Rolfe G. Petschek
Faculty Scholarship
In a previous article [Phys. Rev. E 60, 1799 (1999)], the authors considered a model Landau free energy that explained the ferriclinic phases of chiral smectic liquid crystals as a series of short period helical modulations. In this paper we begin with a physically more realistic, more microscopic interlayer free energy and show how our previous work can be derived using only simple short-ranged interactions. We then discuss what additional information this provides about the Landau coefficients used previously to construct the phase diagram for the heliclinic phases of chiral smectic liquid crystals. Finally, we investigate a means for explicitly …
The Second Revolution In Informed Consent: Comparing Physicians To Each Other, Aaron Twerski, N. B. Cohen
The Second Revolution In Informed Consent: Comparing Physicians To Each Other, Aaron Twerski, N. B. Cohen
Faculty Scholarship
No abstract provided.
The Second Revolution In Informed Consent: Comparing Physicians To Each Other, Neil B. Cohen, Aaron D. Twerski
The Second Revolution In Informed Consent: Comparing Physicians To Each Other, Neil B. Cohen, Aaron D. Twerski
Faculty Scholarship
No abstract provided.
Survey Of Florida Law: Real Property, Ronald B. Brown
Survey Of Florida Law: Real Property, Ronald B. Brown
Faculty Scholarship
No abstract provided.
Regulatory Takings And Original Intent: The Direct, Physical Takings Thesis Goes Too Far, Andrew S. Gold
Regulatory Takings And Original Intent: The Direct, Physical Takings Thesis Goes Too Far, Andrew S. Gold
Faculty Scholarship
No abstract provided.
Sanctioning A Tyranny: The Diminishment Of Ex Parte Young, Expansion Of Hans Immunity, And Denial Of Indian Rights In Coeur D'Alene Tribe, John P. Lavelle
Sanctioning A Tyranny: The Diminishment Of Ex Parte Young, Expansion Of Hans Immunity, And Denial Of Indian Rights In Coeur D'Alene Tribe, John P. Lavelle
Faculty Scholarship
This Article analyzes a recent decision of the Supreme Court that illustrates the enormous destructive power of the Rehnquist Court's peculiar brand of anti-tribal activism, Idaho v. Coeur d'Alene Tribe. Coeur d'Alene Tribe is likely to heighten the urgency with which Eleventh Amendment scholars have called for an overruling of Hans to ameliorate the damage that Hans and its progeny already have done to the regime of federally protected rights under the Constitution, laws and treaties of the United States-a regime at the core of the Framers' vision of paramount federal law and essential to securing true liberty for all …
When Different Means The Same: Applying A Different Standard Of Proof To White Plaintiffs Under The Mcdonnell Douglas Prima Facie Case Test, Angela Onwuachi-Willig
When Different Means The Same: Applying A Different Standard Of Proof To White Plaintiffs Under The Mcdonnell Douglas Prima Facie Case Test, Angela Onwuachi-Willig
Faculty Scholarship
The idea that Whites, in particular white males, are the new victims of discrimination is steadily gaining acceptance among white Americans. While only 16 percent of white individuals claim to know someone who has been the victim of reverse discrimination, more than 70 percent of Whites are convinced that reverse discrimination is a rampant problem. Additionally, although reverse discrimination cases generally constitute a small percentage of filed discrimination cases, usually about 1 to 3 percent, that number is beginning to grow. In particular, the percentage of reverse discrimination claims brought by federal workers, the very workers for whom affirmative action …
Genetic Privacy: There Ought To Be A Law, George J. Annas
Genetic Privacy: There Ought To Be A Law, George J. Annas
Faculty Scholarship
If you don't believe in privacy, you probably don't believe in genetic privacy. I believe in privacy, including the constitutional right of privacy. But my interest is not to persuade you to believe in privacy, but rather to expose the major issues involved in genetic privacy. What makes genetic information different from other sensitive medical information? Are we getting carried away? Are we just treating DNA-based information differently because it is new?