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Articles 4681 - 4710 of 6126
Full-Text Articles in Entire DC Network
Global Climate Change: Water Supply Risks And Water Management Opportunities, Brian E. Gray
Global Climate Change: Water Supply Risks And Water Management Opportunities, Brian E. Gray
Faculty Scholarship
No abstract provided.
The Impact Of Computers On The Legal Profession: Evolution Or Revolution?, Richard L. Marcus
The Impact Of Computers On The Legal Profession: Evolution Or Revolution?, Richard L. Marcus
Faculty Scholarship
No abstract provided.
Neuroethics Of Neuromarketing, Emily Murphy, Judy Iles, Peter B. Reiner
Neuroethics Of Neuromarketing, Emily Murphy, Judy Iles, Peter B. Reiner
Faculty Scholarship
No abstract provided.
The Architecture Of Charities’ Commercial Activities - Structural Reactions: Basic Structures, Stephen Schwarz
The Architecture Of Charities’ Commercial Activities - Structural Reactions: Basic Structures, Stephen Schwarz
Faculty Scholarship
No abstract provided.
How Law Thinks Of Disobedience Perceiving And Addressing Desertion And Conscientious Objection In Israeli Military Courts, Hadar Aviram
How Law Thinks Of Disobedience Perceiving And Addressing Desertion And Conscientious Objection In Israeli Military Courts, Hadar Aviram
Faculty Scholarship
No abstract provided.
Patent And Antitrust Differing Shades Of Meaning, Robin Feldman
Patent And Antitrust Differing Shades Of Meaning, Robin Feldman
Faculty Scholarship
No abstract provided.
Making The State Do Justice Transnational Prosecutions And International Support For Criminal Investigations In Post Armed Conflict Guatemala, Naomi Roht-Arriaza
Making The State Do Justice Transnational Prosecutions And International Support For Criminal Investigations In Post Armed Conflict Guatemala, Naomi Roht-Arriaza
Faculty Scholarship
No abstract provided.
How Does Culture Count In Legal Change?: A Review With A Proposal From A Social Movement Perspective, Setsuo Miyazawa
How Does Culture Count In Legal Change?: A Review With A Proposal From A Social Movement Perspective, Setsuo Miyazawa
Faculty Scholarship
We have in this volume four articles on legal change in China and Japan written by four distinguished authors. These articles vary with regard to subject state, specificity of issues, and breadth of analytical scope. They commonly discuss one factor, however: culture. The purpose of this Comment is to examine the way each article uses culture in its explanations of legal change. The Comment concludes with a brief suggestion, from a social movement perspective, on employing culture as an explanatory tool in a non-essentialist way.
Will Penal Populism In Japan Decline?: A Discussion, Setsuo Miyazawa
Will Penal Populism In Japan Decline?: A Discussion, Setsuo Miyazawa
Faculty Scholarship
I intend to play the role of discussant at a session where five papers have been presented and to draw implications from the perspective I presented in Miyazawa (2007a ). I revise my thesis about penal populism in Japan slightly using the concept of "leadership from the front "presented by Johnson .However, I still conclude that penal populism in Japan is not likely to decline in the near future.
Race-Specific Drugs: Regulatory Trends And Public Policy, Osagie K. Obasogie, David E. Winikoff
Race-Specific Drugs: Regulatory Trends And Public Policy, Osagie K. Obasogie, David E. Winikoff
Faculty Scholarship
No abstract provided.
The Administrative State, Front And Center: Studying Law And Administration In Postwar America, Reuel E. Schiller
The Administrative State, Front And Center: Studying Law And Administration In Postwar America, Reuel E. Schiller
Faculty Scholarship
No abstract provided.
The Evolution Of "Fred": Family Responsibilities Discrimination And Developments In The Law Of Stereotyping And Implicit Bias, Joan C. Williams, Stephanie Bornstein
The Evolution Of "Fred": Family Responsibilities Discrimination And Developments In The Law Of Stereotyping And Implicit Bias, Joan C. Williams, Stephanie Bornstein
Faculty Scholarship
No abstract provided.
Finding Trademark Use: The Historical Foundation For Limiting Infringement Liability To Uses "In The Manner Of A Mark", Margreth Barrett
Finding Trademark Use: The Historical Foundation For Limiting Infringement Liability To Uses "In The Manner Of A Mark", Margreth Barrett
Faculty Scholarship
No abstract provided.
Federal Sentencing In 2007: The Supreme Court Holds – The Center Doesn't, Daniel C. Richman
Federal Sentencing In 2007: The Supreme Court Holds – The Center Doesn't, Daniel C. Richman
Faculty Scholarship
This essay takes stock of federal sentencing after 2007, the year of the periphery. On Capitol Hill, Attorney General Alberto Gonzales resigned in the face of widespread criticism over his role in the replacement of several U.S. Attorneys. In the Supreme Court, the trio of Rita v. United States, Gall v. United States, and Kimbrough v. United States clarified and perhaps extended the breadth of license given to district judges in an advisory guideline regime. In contrast to the Supreme Court's sentencing cases, which focus on the allocation of authority between judges and juries, and the bulk of the …
Recent Developments In Us Copyright Law – Part Ii, Caselaw: Exclusive Rights On The Ebb?, Jane C. Ginsburg
Recent Developments In Us Copyright Law – Part Ii, Caselaw: Exclusive Rights On The Ebb?, Jane C. Ginsburg
Faculty Scholarship
The 1976 Act announces broad exclusive rights, offset by a myriad of specific exemptions, and one wide exception for "fair use." In words and intent, the exclusive rights are capacious, but new technologies may have caused some of the general phrases to become more constraining than might have been expected from a text whose drafters took pains to make forward-looking. Thus, the scope of the reproduction right turns on the meaning of "copy;" the reach of the distribution right on "distribute copies" and "transfer of ownership;" the range of the public performance right on "public" and "perform." Entrepreneurs and users …
Reputational Sanctions In China's Securities Market, Benjamin L. Liebman, Curtis J. Milhaupt
Reputational Sanctions In China's Securities Market, Benjamin L. Liebman, Curtis J. Milhaupt
Faculty Scholarship
Literature suggests two distinct paths to stock market development: an approach based on legal protections for investors, and an approach based on self-regulation of listed companies by stock exchanges. This Essay traces China's attempts to pursue both approaches, while focusing primarily on the role of the stock exchanges as regulators. Specifically, the Essay examines a fascinating but unstudied aspect of Chinese securities regulation – public criticism of listed companies by the Shanghai and Shenzhen exchanges. Based on both event study methodology and extensive interviews of market actors, we find that the public criticisms have significant effects on listed companies and …
Legitimacy And Cooperation: Why Do People Help The Police Fight Crime In Their Communities?, Tom R. Tyler, Jeffery Fagan
Legitimacy And Cooperation: Why Do People Help The Police Fight Crime In Their Communities?, Tom R. Tyler, Jeffery Fagan
Faculty Scholarship
Past research indicates that legitimacy encourages compliance with the law. This study extends consideration of the influence of legitimacy by exploring its impact on cooperation with the police and with neighbors to combat crime in one's community. It uses a panel study design and focuses upon the residents of New York City. The study finds that legitimacy shapes cooperation with the police and has a lesser influence on cooperation with others in the community. Consistent with the findings of prior research, legitimacy itself is found to be linked to the justice of the procedures used by the police to exercise …
Lobbying And Campaign Finance: Separate And Together, Richard Briffault
Lobbying And Campaign Finance: Separate And Together, Richard Briffault
Faculty Scholarship
The relationship between lobbying and campaign finance is complex, contested, and changing. Lobbying and campaign finance are two important forms of political activity that combine money and communication in ways that have significant implications for democratic self-government. The two practices frequently interact and reinforce each other, with individuals, organizations, and interest groups deploying both lobbyists and campaign money to advance their goals. Congress, in 2007, for the first time explicitly recognized the intersection of campaign finance and lobbying when it adopted legislation specifically regulating the campaign finance activities of lobbyists. At roughly the same time, several of the leading candidates …
Seeing And Believing: Mandatory Ultrasound And The Path To A Protected Choice, Carol Sanger
Seeing And Believing: Mandatory Ultrasound And The Path To A Protected Choice, Carol Sanger
Faculty Scholarship
Several state legislatures now require that before a woman may consent to an abortion, she must first undergo an ultrasound and be offered the image of her fetus. The justification is that without an ultrasound, her consent will not be fully informed. Such legislation, the latest move in abortion regulation, supposes that a woman who sees the image will be less likely to abort. This Article explores how visual politics has combined with visual technology, and how law has seized upon both in a campaign to encourage women to choose against abortion. While rarely analyzed, the significance of seeing, or …
In Defense Of Property , Kristen A. Carpenter, Sonia K. Katyal, Angela R. Riley
In Defense Of Property , Kristen A. Carpenter, Sonia K. Katyal, Angela R. Riley
Faculty Scholarship
This Article responds to an emerging view, in scholarship and popular society, that it is normatively undesirable to employ property law as a means of protecting indigenous cultural heritage. Recent critiques suggest that propertizing culture impedes the free flow of ideas, speech, and perhaps culture itself. In our view, these critiques arise largely because commentators associate "property" with a narrow model of individual ownership that reflects neither the substance of indigenous cultural property claims nor major theoretical developments in the broader field of property law. Thus, departing from the individual rights paradigm, our Article situates indigenous cultural property claims, particularly …
Desert And The Eighth Amendment Symposium: Cruel And Unusual Punishment: Litigating Under The Eighth Amendment, Youngjae Lee
Desert And The Eighth Amendment Symposium: Cruel And Unusual Punishment: Litigating Under The Eighth Amendment, Youngjae Lee
Faculty Scholarship
The task of this Article is to evaluate these two approaches to understanding the role of retribution as a constitutional constraint. And in order to do so, I would like to first answer a related question, one step removed: What should be the significance of ordinary intuitions about what people deserve when scholars theorize about what people deserve? If a popular belief about a question of desert does not match up with conclusions arrived at through theorizing and reflections about desert, who should revise their views-"the people" or the theorists? I suggest in this Article that the answer is twofold. …
Liberal Justices' Reliance On Legislative History, James J. Brudney, Corey Distlear
Liberal Justices' Reliance On Legislative History, James J. Brudney, Corey Distlear
Faculty Scholarship
This Article presents a strong case against the conventional wisdom that legislative history is a "politicized'" resource, invoked opportunistically by federal judges. The premise that judges regularly rely on legislative history to promote their preferred policy positions-if true-should find ample support in the majority opinions of liberal Supreme Court Justices construing liberal (pro-employee) labor and civil rights statutes. By analyzing all 320-plus majority opinions in workplace law authored by eight liberal Justices from 1969-2006, the authors establish that legislative history reliance is actually associated with a constraining set of results. When the eight liberal Justices use legislative history as part …
Avalanche Or Undue Alarm? An Empirical Study Of Subpoenas Received By The News Media, Ronnell Andersen Jones
Avalanche Or Undue Alarm? An Empirical Study Of Subpoenas Received By The News Media, Ronnell Andersen Jones
Faculty Scholarship
For more than thirty years, proponents and opponents of a federal reporter’s shield law have debated the necessity of a privilege for members of the news media and have disagreed sharply about the frequency with which subpoenas are issued to the press. Most recently, in the wake of several high-profile contempt cases, proponents have pointed to a perceived “avalanche” of subpoenas, while opponents have contended that the receipt of subpoenas by reporters remains very rare. This article summarizes the results of an empirical study on the question. The study gathered data on subpoenas received by daily newspapers and network-affiliated television …
Reflections On Arizona’S Judicial Selection Process, Ronnell Andersen Jones, Sandra Day O'Connor
Reflections On Arizona’S Judicial Selection Process, Ronnell Andersen Jones, Sandra Day O'Connor
Faculty Scholarship
No abstract provided.
Equality Opportunity: Marriage Litigation And Iowa's Equal Protection Law, Suzanne B. Goldberg
Equality Opportunity: Marriage Litigation And Iowa's Equal Protection Law, Suzanne B. Goldberg
Faculty Scholarship
Discrimination claims against longstanding rules invite the public and the courts to rethink the status quo and address overarching legal and social commitments to equality together with questions specific to the case at hand. Lawsuits seeking marriage rights for same-sex couples quintessentially illustrate this multilayered nature of law reform litigation, as the debates they provoke focus not only on the rights of same-sex couples but also on the meaning of marriage and the meaning of equality more generally. While few other than lawyers, judges, and perhaps some reporters actually read the equal protection and due process arguments that the presiding …
Foreword, Jagdish N. Bhagwati
Foreword, Jagdish N. Bhagwati
Faculty Scholarship
The launch of the Indian Journal of International Economic Law by the students at the National Law School of India University is a milestone. It fills an important lacuna in India's study of WTO law and should begin to provide us with informed perspectives on the evolving WTO jurisprudence excessively dominated by the perceptions and objectives of policymakers in powerful developed countries and by the activism of the gigantic, financially-flush NGOs like Friends of the Earth and Oxfam reflecting the viewpoints of their origin and location.
Scandal, Sukyandaru, And Chouwen, Benjamin L. Liebman
Scandal, Sukyandaru, And Chouwen, Benjamin L. Liebman
Faculty Scholarship
Jose Canseco's use of steroids, the sale of used girls' underwear in Japan, penile mutilation, and the moral failings of both Bill Clinton and former Japanese Prime Minister Sosuke Uno are not topics that often appear side by side, much less in a scholarly work of comparative law. And few law professors have the chance to publish a book whose jacket features a picture of a scantily clad woman. In Secrets, Sex and Spectacle, Mark West does both. He also does much more, unraveling the interplay of social and legal rules that influence the formation of scandal and spectacle …
Adolescent Development And The Regulation Of Youth Crime, Elizabeth S. Scott, Laurence Steinberg
Adolescent Development And The Regulation Of Youth Crime, Elizabeth S. Scott, Laurence Steinberg
Faculty Scholarship
Elizabeth Scott and Laurence Steinberg explore the dramatic changes in the law’s conception of young offenders between the end of the nineteenth century and the beginning of the twenty-first. At the dawn of the juvenile court era, they note, most youths were tried and punished as if they were adults. Early juvenile court reformers argued strongly against such a view, believing that the justice system should offer young offenders treatment that would cure them of their antisocial ways. That rehabilitative model of juvenile justice held sway until a sharp upswing in youth violence at the end of the twentieth century …
E-Disclosure In International Arbitration, Robert H. Smit, Tyler B. Robinson
E-Disclosure In International Arbitration, Robert H. Smit, Tyler B. Robinson
Faculty Scholarship
Electronically stored documents, in particular, emails, have rapidly become perhaps the most important source of evidence in commercial business disputes of virtually every kind. In the United States, new rules of court procedure seek to address the scope and conduct of discovery of electronic documents, which present unique challenges for litigants that discovery rules and principles designed with hardcopy documents in mind are ill-equipped to address. The same issues arise for international commercial arbitration but no guidelines tailored to the unique nature of international arbitration have yet been devised. This article surveys the unique issues and problems that arise in …
Corn Futures: Consumer Politics, Health, And Climate Change, Jedediah S. Purdy, James Salzman
Corn Futures: Consumer Politics, Health, And Climate Change, Jedediah S. Purdy, James Salzman
Faculty Scholarship
The rise of corn has brought great benefits, but its large and growing costs have also become increasingly clear. In this Article, we explore the unprecedented roles of corn in our economy, explain how law and policy have shaped these roles, uncover the environmental and social impacts of corn, and consider how to think of consumption in this context. If voting-by-buying is an increasingly relevant model of consumer engagement, can we envision consumers being presented with choices that address the social and environmental harms from our dependence on corn? More generally, how should we think about consumer engagement, both its …