Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

Faculty Scholarship

Discipline
Institution
Keyword
Publication Year
File Type

Articles 16111 - 16140 of 25437

Full-Text Articles in Entire DC Network

The Measure Of The Doubt: Dissent, Indeterminacy, And Interpretation At The Federal Circuit, Jeffrey A. Lefstin Jan 2007

The Measure Of The Doubt: Dissent, Indeterminacy, And Interpretation At The Federal Circuit, Jeffrey A. Lefstin

Faculty Scholarship

No abstract provided.


Protecting Victims Of Gendered Persecution: Fear Of Floodgates Or Call To (Principled) Action?, Karen Musalo Jan 2007

Protecting Victims Of Gendered Persecution: Fear Of Floodgates Or Call To (Principled) Action?, Karen Musalo

Faculty Scholarship

No abstract provided.


Panel One–Empowering Survivors With Legal-Status Challenges, Karen Musalo Jan 2007

Panel One–Empowering Survivors With Legal-Status Challenges, Karen Musalo

Faculty Scholarship

No abstract provided.


Domain Names, Trademarks, And The First Amendment: Searching For Meaningful Boundaries, Margreth Barrett Jan 2007

Domain Names, Trademarks, And The First Amendment: Searching For Meaningful Boundaries, Margreth Barrett

Faculty Scholarship

No abstract provided.


Links And Choices: Popular Legal Culture In The Work Of Lawrence M. Friedman, Jo Carrillo Jan 2007

Links And Choices: Popular Legal Culture In The Work Of Lawrence M. Friedman, Jo Carrillo

Faculty Scholarship

No abstract provided.


"Rum, Sodomy, And The Lash" What The Military Thrives On And How It Affects Legal Recruitment And Law Schools, Elizabeth L. Hillman, Sharra E. Greer, Warrington S. Parker Iii, Diane H. Mazur Jan 2007

"Rum, Sodomy, And The Lash" What The Military Thrives On And How It Affects Legal Recruitment And Law Schools, Elizabeth L. Hillman, Sharra E. Greer, Warrington S. Parker Iii, Diane H. Mazur

Faculty Scholarship

No abstract provided.


Toward The "Tipping Point" Decision Aids And Informed Patient Choice, Jaime S. King, Annette M. O'Connor, John E. Wennberg, France Legare, Hilary A. Llewellyn-Thomas, Benjamin W. Moulton, Karen R. Sepucha, Andrea G. Sodano Jan 2007

Toward The "Tipping Point" Decision Aids And Informed Patient Choice, Jaime S. King, Annette M. O'Connor, John E. Wennberg, France Legare, Hilary A. Llewellyn-Thomas, Benjamin W. Moulton, Karen R. Sepucha, Andrea G. Sodano

Faculty Scholarship

No abstract provided.


Sunset Provisions In The Tax Code: A Critical Evaluation And Prescriptions For The Future, Manoj Viswanathan Jan 2007

Sunset Provisions In The Tax Code: A Critical Evaluation And Prescriptions For The Future, Manoj Viswanathan

Faculty Scholarship

No abstract provided.


Same-Sex Relationships And State Constitutional Analysis, Joseph R. Grodin Jan 2007

Same-Sex Relationships And State Constitutional Analysis, Joseph R. Grodin

Faculty Scholarship

No abstract provided.


Challenges In Law Making In Mass Societies, Geoffrey C. Hazard Jr. Jan 2007

Challenges In Law Making In Mass Societies, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.


Customary International Law And The Question Of Legitimacy, William S. Dodge Jan 2007

Customary International Law And The Question Of Legitimacy, William S. Dodge

Faculty Scholarship

No abstract provided.


Pleading Standards After Bell Atlantic Corp. V. Twombly, Scott Dodson Jan 2007

Pleading Standards After Bell Atlantic Corp. V. Twombly, Scott Dodson

Faculty Scholarship

No abstract provided.


The Forum Defendant Rule In Arkansas, Scott Dodson Jan 2007

The Forum Defendant Rule In Arkansas, Scott Dodson

Faculty Scholarship

No abstract provided.


Law Firms As Defendants: Family Responsibilities Discrimination In Legal Workplaces, Joan C. Williams, Stephanie Bornstein, Diana Reddy, Betsy A. Williams Jan 2007

Law Firms As Defendants: Family Responsibilities Discrimination In Legal Workplaces, Joan C. Williams, Stephanie Bornstein, Diana Reddy, Betsy A. Williams

Faculty Scholarship

No abstract provided.


The Politics Of Time In The Legal Profession, Joan C. Williams Jan 2007

The Politics Of Time In The Legal Profession, Joan C. Williams

Faculty Scholarship

No abstract provided.


True Collaboration: Envisioning New Ways Of Working Together, Debra Gerardi, Dorrie K. Fontaine Jan 2007

True Collaboration: Envisioning New Ways Of Working Together, Debra Gerardi, Dorrie K. Fontaine

Faculty Scholarship

No abstract provided.


The Emerging Culture Of Health Care: Improving End-Of-Life Care Through Collaboration And Conflict Engagement Among Health Care Professionals, Debra Gerardi Jan 2007

The Emerging Culture Of Health Care: Improving End-Of-Life Care Through Collaboration And Conflict Engagement Among Health Care Professionals, Debra Gerardi

Faculty Scholarship

No abstract provided.


Is Confrontation The Bottom Line?, Roger C. Park Jan 2007

Is Confrontation The Bottom Line?, Roger C. Park

Faculty Scholarship

No abstract provided.


Justice Should Be Done, But Where? The Relationship Between National And International Courts, Naomi Roht-Arriaza, Laura Dickinson, Christopher K. Hall, Paul Seils Jan 2007

Justice Should Be Done, But Where? The Relationship Between National And International Courts, Naomi Roht-Arriaza, Laura Dickinson, Christopher K. Hall, Paul Seils

Faculty Scholarship

No abstract provided.


The Era Of Deference: Courts, Expertise, And The Emergence Of New Deal Administrative Law, Reuel E. Schiller Jan 2007

The Era Of Deference: Courts, Expertise, And The Emergence Of New Deal Administrative Law, Reuel E. Schiller

Faculty Scholarship

No abstract provided.


The Injustice Of Reducing The Number Of Levels In A Grading System, William K.S. Wang Jan 2007

The Injustice Of Reducing The Number Of Levels In A Grading System, William K.S. Wang

Faculty Scholarship

No abstract provided.


Statutory Interpretation As A Parasitic Endeavor, Stephen F. Ross Jan 2007

Statutory Interpretation As A Parasitic Endeavor, Stephen F. Ross

Faculty Scholarship

The principal theme of this essay is that statutory interpretation is a project that requires advocates and judges to utilize the insights of three discrete disciplines apart from law: communications and linguistics to understand the way that legislative drafters use words to communicate to others, either in text or in extratextual legislative material; political science to describe the way that legislators behave in enacting statutes; and political theory to provide a normative guide for courts interpreting statutes in a constitutional democracy.


The Arrival Of The "Have-Nots" In International Arbitration, Catherine A. Rogers Jan 2007

The Arrival Of The "Have-Nots" In International Arbitration, Catherine A. Rogers

Faculty Scholarship

Much has been written about the have-nots in domestic litigation and domestic arbitration, with an apparent assumption that their fate was mainly a domestic affair. In recent years, however, internet commerce has brought consumers to the international market, an increasingly globalized workforce has generated a class of international employees, and the link between international trade and human rights has revealed a host of victims. The arrival of these 'have-nots' in international arbitration means that previously latent questions about international arbitration's integrity as a system and role as a mechanism for transnational regulatory governance have been brought to the fore.

Using …


Redefining Academic Law Library Excellence In A Technological Age: From Evolution To Revolution, Steven D. Hinckley Jan 2007

Redefining Academic Law Library Excellence In A Technological Age: From Evolution To Revolution, Steven D. Hinckley

Faculty Scholarship

This article focuses on the rapidly changing standards of academic law library excellence as the ready availability and diversity of information technologies and digital collections supplant traditional print collections as the determinative measurement of library quality. The author challenges the legal and law library professions to discard traditional qualitative standards (e.g., print volume and title holdings) and to embrace standards that recognize the importance of meaningful access to information that is not tied to physical ownership or location.


What Google Can't Teach Us About Ipo Auctions (And What It Can), A. Christine Hurt Dec 2006

What Google Can't Teach Us About Ipo Auctions (And What It Can), A. Christine Hurt

Faculty Scholarship

No abstract provided.


Blogging While Untenured And Other Extreme Sports, A. Christine Hurt, Tung Yin Dec 2006

Blogging While Untenured And Other Extreme Sports, A. Christine Hurt, Tung Yin

Faculty Scholarship

No abstract provided.


Regulating Public Morals And Private Markets: Online Securities Trading, Internet Gambling And The Speculation Paradox, A. Christine Hurt Dec 2006

Regulating Public Morals And Private Markets: Online Securities Trading, Internet Gambling And The Speculation Paradox, A. Christine Hurt

Faculty Scholarship

No abstract provided.


Replacing The Federal Income Tax With A Postpaid Consumption Tax: Preliminary Thoughts Regarding A Government Matching Program For Wealthy Investors And A New Tax Policy Lens, J. Clifton Fleming Jr. Dec 2006

Replacing The Federal Income Tax With A Postpaid Consumption Tax: Preliminary Thoughts Regarding A Government Matching Program For Wealthy Investors And A New Tax Policy Lens, J. Clifton Fleming Jr.

Faculty Scholarship

In recent years, proposals have been made to replace the federal income tax with a postpaid consumption tax - that is, a federal value added tax ("VAT"), a federal retail sales tax ("RST"), or a federal cash-flow (consumed income) tax. Because these taxes can be constructed so that they are indistinguishable at the level of the ultimate consumer in terms of their principal effects, and because a prominent recent proposal is the RST approach, I have written this article in terms of an RST/income tax comparison. The analysis, however, would be mostly the same if the income tax was compared …


Incentivizing And Protecting Informants Prior To Mass Atrocities Such As Genocide: An Alternative To Post Hoc Courts And Tribunals, Eric Talbot Jensen Dec 2006

Incentivizing And Protecting Informants Prior To Mass Atrocities Such As Genocide: An Alternative To Post Hoc Courts And Tribunals, Eric Talbot Jensen

Faculty Scholarship

International institutions are almost exclusively reactive to violations of international law. There are very few systemic methods of proactively trying to prevent egregious violations such as genocide; rather, international law seems to take punishing violators as its sole approach. In modern times, most of the punishment and post-event enforcement has come through international courts and tribunals. These courts and tribunals are astoundingly expensive and notoriously inefficient. More importantly, the threat of prosecution does not appear to act as an effective deterrent in preventing criminal acts. This is unacceptable. With hundreds of thousands of lives at stake, the international community must …


Review Essay: Excuse Theory Through A Liberal Lens, Richard C. Boldt Dec 2006

Review Essay: Excuse Theory Through A Liberal Lens, Richard C. Boldt

Faculty Scholarship

This essay reviews Excusing Crime, by Jeremy Horder, Reader in Criminal Law and Tutor in Law at Worcester College, Oxford. It describes Horder’s project, which is to build a complex taxonomy of criminal law excuse practices and to use that account of “why things are as they are” to argue, on the basis of his version of liberal theory, against “the restricted range” of excuses in the UK and elsewhere. By virtue of his appreciation that some, but not all, excuses contain justificatory elements, and given his insistence that pure claims of non-responsibility are not excuses, Horder has defined a …