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Articles 5461 - 5490 of 6497
Full-Text Articles in Entire DC Network
Teaching Ethics Seriously: Legal Ethics As The Most Important Subject In Law School, Russell G. Pearce
Teaching Ethics Seriously: Legal Ethics As The Most Important Subject In Law School, Russell G. Pearce
Faculty Scholarship
No abstract provided.
The Moral Of Macpherson, John C.P. Goldberg, Benjamin C. Zipursky
The Moral Of Macpherson, John C.P. Goldberg, Benjamin C. Zipursky
Faculty Scholarship
No abstract provided.
Political Power Of Nuisance Law: Labor Picketing And The Courts In Modern England, 1871-Present, The , Rachel Vorspan
Political Power Of Nuisance Law: Labor Picketing And The Courts In Modern England, 1871-Present, The , Rachel Vorspan
Faculty Scholarship
This inquiry, a comprehensive historical study of the impact of nuisance law on labor picketing in England, comprises six sections. Part I introduces general principles of labor law and nuisance law in the nineteenth century, particularly the legislative scheme of "collective laissezfaire" that emerged after 1871 and remained relatively intact until 1980. Part II examines the use of nuisance doctrines against picketers in the first phase of confrontational picketing from 1889 to 1906, when the appearance of militant unions representing unskilled workers stimulated inventive judicial responses in both private and public nuisance. Part III investigates the much heralded judicial and …
The Property Of Death, Tanya K. Hernandez
The Property Of Death, Tanya K. Hernandez
Faculty Scholarship
Who owns death and why do we care? The question of who owns death is implicitly deliberated each time a legal dispute ensues over who can direct the manner of a decedent's burial. There is no definitive legal rule as to who has the right to control the disposal of mortal remains because there is no agreement as to who owns a body after death or whether the cadaver is subject to traditional property rights. Although most states have probate laws and health codes which authorize a decedent (or in the alternative, a priority list of family members) to direct …
Life Before The Modern Sex Offender Statutes , Deborah W. Denno
Life Before The Modern Sex Offender Statutes , Deborah W. Denno
Faculty Scholarship
This Article examines the social and legal developments that fueled the origins and recurring problems of sex offender laws. Part I of this Article discusses the primary precursors of the sexual psychopath statutes that encouraged the public's and politicians' acceptance of the concept of sexual psychopathy: the increasing sexualization of American society, changes in gender roles and relations, the valuation of children and the family unit, and the influx of psychiatry. Part II describes how the diagnosis of sexual psychopathy slowly developed as a result of the criminal justice system's growing tendency to explain criminal behavior in psychoanalytic terms. Part …
An Historical Analysis Of The Binding Effect Of Class Suits, Geoffrey C. Hazard Jr., John L. Gedid, Stephen Sowle
An Historical Analysis Of The Binding Effect Of Class Suits, Geoffrey C. Hazard Jr., John L. Gedid, Stephen Sowle
Faculty Scholarship
No abstract provided.
Rescuing Reliance: The Perils Of Promissory Estoppel, Charles L. Knapp
Rescuing Reliance: The Perils Of Promissory Estoppel, Charles L. Knapp
Faculty Scholarship
No abstract provided.
Section 2254(D) Of The New Habeas Statute: An (Opinionated) User's Manual, Evan Tsen Lee
Section 2254(D) Of The New Habeas Statute: An (Opinionated) User's Manual, Evan Tsen Lee
Faculty Scholarship
No abstract provided.
The Puzzling Persistence Of Pleading Practice, Richard L. Marcus
The Puzzling Persistence Of Pleading Practice, Richard L. Marcus
Faculty Scholarship
No abstract provided.
The Functions Of Trust Law: A Comparative Legal And Economic Analysis, Ugo Mattei
The Functions Of Trust Law: A Comparative Legal And Economic Analysis, Ugo Mattei
Faculty Scholarship
No abstract provided.
The Rhetoric Of Property, Joan C. Williams
Preliminary Draft Of The Ali Transnational Rules Of Civil Procedure, Geoffrey C. Hazard Jr.
Preliminary Draft Of The Ali Transnational Rules Of Civil Procedure, Geoffrey C. Hazard Jr.
Faculty Scholarship
No abstract provided.
Foreword, The Legal Profession: The Impact Of Law And Legal Theory, Geoffrey C. Hazard Jr.
Foreword, The Legal Profession: The Impact Of Law And Legal Theory, Geoffrey C. Hazard Jr.
Faculty Scholarship
No abstract provided.
Hearsay Hazards In The American Criminal Trial: An Adversary-Oriented Approach, Gordon Van Kessel
Hearsay Hazards In The American Criminal Trial: An Adversary-Oriented Approach, Gordon Van Kessel
Faculty Scholarship
No abstract provided.
Use Of Force And Constitutionalism, Lori Fisler Damrosch
Use Of Force And Constitutionalism, Lori Fisler Damrosch
Faculty Scholarship
Are constitutional democracies more inclined than other kinds of regimes to observe the international law of the United Nations Charter on use of force? Are they relatively more vulnerable to unlawful behavior by others? How can constitutional democracies ensure fidelity to their underlying constitutional principles when they engage in multinational military operations for preservation or restoration of international peace? These and related questions at the intersection of the international and national legal orders merit careful attention as political structures around the world undergo post-Cold War transformation.
Ownership Of Electronic Rights And The Private International Law Of Copyright, Jane C. Ginsburg
Ownership Of Electronic Rights And The Private International Law Of Copyright, Jane C. Ginsburg
Faculty Scholarship
When, in response to a French decision upholding the rights of employee journalists to prevent the publisher's unauthorized licensing of electronic rights in the journalists' articles, French newspaper publishers yearn for "American-style copyright," they must imagine a work-made-for-hire nirvana in which publishers dispose of all rights in contributions to their periodicals, heedless of (and legally shielded from) authors' pesty claims for payment or control. To the extent that the work-made-for-hire doctrine applies, the publishing paradise conjured up by these French fantasies of law "reform" is very real indeed. Under U.S. copyright law, employee creators are not statutory "authors;" their employer …
Symposium On Electronic Rights In International Perspective: Introduction, Jane C. Ginsburg
Symposium On Electronic Rights In International Perspective: Introduction, Jane C. Ginsburg
Faculty Scholarship
Recent litigation in the U.S., Germany, the Netherlands, Belgium, and France has placed at issue the electronic publishing rights of employee and freelance journalists, contributors to print periodicals. In all five national controversies, the proprietors of the print publications, without securing the writers' express authorization, disseminated their articles in a variety of electronic media, including CD-ROM, third-party databases, and websites. Judicial resolution of the disputes required parsing the respective rights, under local copyright law (and in some cases, labor law as well), of the authors of the contributions to the periodicals, and of the copyright owners of the collective works …
A New Age Of Federalism, Thomas W. Merrill
A New Age Of Federalism, Thomas W. Merrill
Faculty Scholarship
Federalism has been in the news a lot over the past few years. The Republican-controlled Congress has enacted restrictions on the imposition of unfunded federal mandates on state governments and has passed significant welfare reform, one of the keys to which is greater state freedom in the implementation of welfare programs. The President, although often seen as resisting the more extreme Republican proposals for devolution, is himself something of an advocate for states’ rights. Clinton was a governor before he was President, and in that capacity he experienced a number of frustrations with federal red tape. Perhaps as a result, …
Hands Off! Civil Court Involvement In Conflicts Over Religious Property, Kent Greenawalt
Hands Off! Civil Court Involvement In Conflicts Over Religious Property, Kent Greenawalt
Faculty Scholarship
In this Article, Professor Kent Greenawalt explores how civil courts can constitutionally resolve conflicts over religious property. Although the practical and theoretical significance of this part of First Amendment law has often been overlooked, issues concerning church property continue to raise difficulties for both the courts charged with their resolution and the church members who wish to avoid the courts' intervention entirely. This Article argues that the general approach of noninvolvement that the Supreme Court has advocated in this area is consonant with broader themes in religion clause adjudication. Within this more general approach, Professor Greenawalt considers the two alternative …
The Courts And The Congress: Should Judges Disdain Political History?, Peter L. Strauss
The Courts And The Congress: Should Judges Disdain Political History?, Peter L. Strauss
Faculty Scholarship
In an earlier article in these pages, Professor John Manning argued that the use of legislative materials by courts in effect permits Congress to engage in delegation of its authority to subunits of the legislature, in violation of the separation of powers. Professor Strauss, acknowledging that the previous generation of courts may have excessively credited the minutiae of legislative history, responds that judicial attention to the political history of legislation is required, not forbidden, by considerations of constitutional structure. Only awareness of that history will promote interpretation reflective of the context and political moment of Congress's action. Our history of …
Global Labor Rights And The Alien Tort Claims Act, Sarah H. Cleveland
Global Labor Rights And The Alien Tort Claims Act, Sarah H. Cleveland
Faculty Scholarship
Are labor rights human rights? Are some worker rights so fundamental that must be respected by all nations, and all corporations, under all circumstances? If so, who has the authority to define such rights, and how should they be enforced? What is the effect on the global economy of enforcing international worker rights? These are some of the questions confronted by the authors of Human Rights, Labor Rights, and International Trade, a compilation of essays by an international group of scholars, labor rights activists, and corporate executives addressing contemporary topics in the dialectic among labor, trade, and human rights.
Electronic Rights In Belgium And France: General Association Of Professional Journalists Of Belgium V. Central Station (Brussels Court Of First Instance, October 16, 1996; Brussels Court Of Appeals, October 28, 1997); Union Of French Journalists V. Sdv Plurimedia (Strasbourg Court Of Grand Instance, February 3, 1998) Symposium On Electronic Rights In International Perspective, Jane C. Ginsburg
Faculty Scholarship
Like many national presses in Europe, the Belgian press divides ideologically. Each daily newspaper represents the views of a political party, or expresses the perspective of a political or religious belief. Newspaper readers therefore tend to select the newspaper that most closely corresponds to their world-view. Ten publishers of Belgian dailies and weeklies formed a consortium, Central Station, to operate a website that would offer a crossection of all the participating periodicals' articles on a variety of subjects. The articles would appear in print in their separate newspapers in the morning, but would be available that evening on the Central …
The Deceptively Disparate Treatment Of Business And Investment Interest Expense Under A Cash-Flow Consumption Tax And A Schanz-Haig-Simons Income Tax, J. Clifton Fleming, Jr.
The Deceptively Disparate Treatment Of Business And Investment Interest Expense Under A Cash-Flow Consumption Tax And A Schanz-Haig-Simons Income Tax, J. Clifton Fleming, Jr.
Faculty Scholarship
No abstract provided.
Treating Sexual Harassment With Respect, Anita Bernstein
Treating Sexual Harassment With Respect, Anita Bernstein
Faculty Scholarship
No abstract provided.
Physician Assisted Suicide And The Supreme Court: Putting The Constitutional Claim To Rest, Wendy K. Mariner
Physician Assisted Suicide And The Supreme Court: Putting The Constitutional Claim To Rest, Wendy K. Mariner
Faculty Scholarship
Like the debate about many controversial questions of ethics and medical care in America, public debate about physician assisted suicide became focused on questions of constitutional law. On June 26, 1997, the United States Supreme Court unanimously rejected any constitutional right of terminally ill patients to physician assisted suicide. An analysis of the Court's reasoning reveals that its decisions resolved only a narrow constitutional question that affects relatively few people--mentally competent, terminally ill patients who wish to hasten their imminent deaths by having a physician prescribe medication that they intend to use to commit suicide. Although suicide is not a …
Bioethics Policy: Looking Beyond The Power Of Sovereign Governments (Foreword), Robert L. Schwartz
Bioethics Policy: Looking Beyond The Power Of Sovereign Governments (Foreword), Robert L. Schwartz
Faculty Scholarship
Lawyers are trained to think in terms of power exercised by a sovereign-an institution authorized to enforce a procedurally appropriate decision with coercive force.' Generally, lawyers have a broad notion of what constitutes a sovereign. In the United States, for example, this notion includes the federal government, state governments, most tribal units, traditional territorial governments and their agencies-e.g., school boards, local public park districts, water run-off management districts, and flea abatement boards-and a host of other institutions. As a result, it is difficult for lawyers to recognize that policy also may emanate from other institutions that possess only persuasive authority, …
A Brief History Of New Mexico Water Rights Administration Since 1907, G. Emlen Hall
A Brief History Of New Mexico Water Rights Administration Since 1907, G. Emlen Hall
Faculty Scholarship
Let's get right down to it: If the Big Bang Theory of the beginning of our universe applied to New Mexico water law as we know it today, there would be no trouble setting the date on which the Creation occurred: March 19, 1907.1.0n that date the Water Code under which we now live became effective and the water world we now live in began. So important is this date in the cosmology of New Mexico water rights that every water lawyer and every water engineer---in short, every "eginawyer" in the words of United States District Judge Edwin Mechem---can recite …
A Report On The Attitudes Of Foreign Companies Regarding A U.S. Listing, James A. Fanto, Roberta S. Karmel
A Report On The Attitudes Of Foreign Companies Regarding A U.S. Listing, James A. Fanto, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
Liability For Uncertainty: Making Evidential Damage Actionable, Alex Stein, Ariel Porat
Liability For Uncertainty: Making Evidential Damage Actionable, Alex Stein, Ariel Porat
Faculty Scholarship
No abstract provided.
The Legal Regime For Protecting Cultural Property During Armed Conflict, Joshua E. Kastenberg
The Legal Regime For Protecting Cultural Property During Armed Conflict, Joshua E. Kastenberg
Faculty Scholarship
This article examines the depth of customary international law – that is the accepted practices and norms of the international community – with respect to cultural property, the 1954 Hague Convention and Additional Protocol One, and Department of Defense and Air Force policy. Section I will discuss the evolution toward a customary development of an international law of war to protect cultural properties. This section also notes the basic principles of the law of armed conflict. Section II examines the terms of the 1954 Hague Convention, and Additional Protocol One to the Geneva Convention. Section II also applies the various …