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Articles 18151 - 18180 of 25434
Full-Text Articles in Entire DC Network
Pursuing Sustainable Communities: Looking Back, Looking Forward, John C. Dernbach, Scott Bernstein
Pursuing Sustainable Communities: Looking Back, Looking Forward, John C. Dernbach, Scott Bernstein
Faculty Scholarship
No abstract provided.
The New Federalism: Discerning Truth In American Myths And Legends, Randy Lee
The New Federalism: Discerning Truth In American Myths And Legends, Randy Lee
Faculty Scholarship
No abstract provided.
The Propriety Of Poetry In Judicial Opinions, Mary Kate Kearney
The Propriety Of Poetry In Judicial Opinions, Mary Kate Kearney
Faculty Scholarship
No abstract provided.
Sales, Robyn L Meadows, Larry T. Garvin, Carolyn L. Dessin
Sales, Robyn L Meadows, Larry T. Garvin, Carolyn L. Dessin
Faculty Scholarship
No abstract provided.
The Uniform Commercial Code Survey: Introduction, Robyn L Meadows, Russell A. Hakes, Stephen L. Sepinuck
The Uniform Commercial Code Survey: Introduction, Robyn L Meadows, Russell A. Hakes, Stephen L. Sepinuck
Faculty Scholarship
No abstract provided.
‘Paper World’ Analogies To Web Site Terms And Conditions: Travel Tickets And Other Similar Forms, Juliet M Moringiello
‘Paper World’ Analogies To Web Site Terms And Conditions: Travel Tickets And Other Similar Forms, Juliet M Moringiello
Faculty Scholarship
No abstract provided.
Seizing Domain Names To Enforce Judgments: Looking Back To Look To The Future, Juliet M Moringiello
Seizing Domain Names To Enforce Judgments: Looking Back To Look To The Future, Juliet M Moringiello
Faculty Scholarship
No abstract provided.
Superfund Vs. Mega-Sites: The Coeur D'Alene River Basin Story, Clifford J. Villa
Superfund Vs. Mega-Sites: The Coeur D'Alene River Basin Story, Clifford J. Villa
Faculty Scholarship
Stretching across the "panhandle" of northern Idaho, the Coeur d'Alene River Basin evokes a mixed sense of wonder. Within this vast region of mountains and marshes, forests and farmland, creeks and canyons, a vibrant mining industry emerged more than a century ago. Along with the mining industry came the mining towns-and the mining pollution. Over time, the volume of mining wastes discharged into waters of the Coeur d'Alene Basin reached Brobdingnagian proportions: enough waste to fill a football field with a pile four miles high.
Solving The Nonresident Alien Due Process Paradox In Personal Jurisdiction, Robin J. Effron
Solving The Nonresident Alien Due Process Paradox In Personal Jurisdiction, Robin J. Effron
Faculty Scholarship
No abstract provided.
Cognitive Foundation Of The Impulse To Blame, Lawrence Solan
Cognitive Foundation Of The Impulse To Blame, Lawrence Solan
Faculty Scholarship
No abstract provided.
Grief, Procedure And Justice: The September 11th Victim Compensation Fund, Elizabeth M. Schneider
Grief, Procedure And Justice: The September 11th Victim Compensation Fund, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Speaking Volumes: Musings On The Issues Of The Day, Inspired By The Memoir Of Mary Joe Frug, Elizabeth M. Schneider, Regina Austin
Speaking Volumes: Musings On The Issues Of The Day, Inspired By The Memoir Of Mary Joe Frug, Elizabeth M. Schneider, Regina Austin
Faculty Scholarship
No abstract provided.
Dismembering Civil Society: The Social Cost Of Internally Undemocratic Nonprofits, Dana Brakman Reiser
Dismembering Civil Society: The Social Cost Of Internally Undemocratic Nonprofits, Dana Brakman Reiser
Faculty Scholarship
No abstract provided.
Judge Jack B. Weinstein, Tort Litigation, And The Public Good: A Roundtable Discussion To Honor One Of America’S Great Trial Judges On The Occasion Of His 80th Birthday, Aaron Twerski, Margaret Berger, Anthony J. Sebok, Helen E. Freedman, John C.P. Goldberg
Judge Jack B. Weinstein, Tort Litigation, And The Public Good: A Roundtable Discussion To Honor One Of America’S Great Trial Judges On The Occasion Of His 80th Birthday, Aaron Twerski, Margaret Berger, Anthony J. Sebok, Helen E. Freedman, John C.P. Goldberg
Faculty Scholarship
No abstract provided.
Can A Model Penal Code Second Save The States From Themselves?, Michael T. Cahill, Paul H. Robinson
Can A Model Penal Code Second Save The States From Themselves?, Michael T. Cahill, Paul H. Robinson
Faculty Scholarship
No abstract provided.
Responsibility And Blame: Psychological And Legal Perspectives - Introduction, Lawrence M. Solan
Responsibility And Blame: Psychological And Legal Perspectives - Introduction, Lawrence M. Solan
Faculty Scholarship
No abstract provided.
The Supreme Court's Indian Law Decisions: Deviations From Constitutional Principles And The Crafting Of Judicial Smallpox Blankets, Gloria Valencia-Weber
The Supreme Court's Indian Law Decisions: Deviations From Constitutional Principles And The Crafting Of Judicial Smallpox Blankets, Gloria Valencia-Weber
Faculty Scholarship
The first section discusses sovereignty and the sources for foundational principles that pertain to the relationships among tribes, the states, and the federal government. The sources are the documented discourse and covenants of the constitutional evolution, the Articles of Confederation and Perpetual Union (Articles), and the Constitution of 1787 as they developed state jurisdiction related to Indian matters. Second, the paper discusses the colonial period and reality versus the fictions or myths of discovery and conquest. Third, the paper covers the conflict and unity in the pre-Revolutionary period. Fourth, the paper considers the Articles as the first U.S. model to …
The Law Of Lying: The Difficulty Of Pursuing Perjury Under The Federal Perjury Statutes, Linda F. Harrison
The Law Of Lying: The Difficulty Of Pursuing Perjury Under The Federal Perjury Statutes, Linda F. Harrison
Faculty Scholarship
No abstract provided.
Bring On 'Da Noise: The Sec's Proposals Concerning Professional Conduct For Attorneys Under Sarbanes-Oxley, Marilyn Blumberg Cane, Sarah Smith Kelleher
Bring On 'Da Noise: The Sec's Proposals Concerning Professional Conduct For Attorneys Under Sarbanes-Oxley, Marilyn Blumberg Cane, Sarah Smith Kelleher
Faculty Scholarship
In the wake of Enron's and numerous other corporate scandals, Congress enacted the Sarbanes-Oxley Act, which empowered the Securities and Exchange Commission (the Commission) to establish rules of professional conduct for attorneys who appear before it. In November 2002, the Commission released a proposal where attorneys would be required to report perceived violations of corporate governance and Commission rules up-the-ladder. Additionally, if the company failed to make an appropriate response, the attorney would be required to make a noisy withdrawal. After an onslaught of comments against the proposal, the Commission issued an alternative proposal for comment.
Under the alternative rule, …
Hearing Voices: Speaker Identification In Court, Lawrence Solan, Peter Tiersma
Hearing Voices: Speaker Identification In Court, Lawrence Solan, Peter Tiersma
Faculty Scholarship
No abstract provided.
Problem-Solving Negotiation: Northern Ireland's Experience With The Women's Coalition Symposium, Jacqueline Nolan-Haley, Bronagh Hinds
Problem-Solving Negotiation: Northern Ireland's Experience With The Women's Coalition Symposium, Jacqueline Nolan-Haley, Bronagh Hinds
Faculty Scholarship
This paper is part of a Symposium that considered the relevance of domestic conflict resolution theories in broader cultural contexts. The Northern Ireland Women's Coalition (Women's Coalition) participated in the negotiations leading up to the 1998 Good Friday/Belfast Agreement. Members of the Woman's Coalition responded to thirty years of sectarian violence with a negotiation process based on accommodation, inclusion, and relationship building, concepts that resonate with American-style problem-solving negotiation. Using the Women's Coalition as a case study, this Article suggests that there are procedural aspects of problem-solving negotiation theory that may work across domains, specifically in multi-party, intractable conflict situations, …
The International Court Of Justices Decision In Congo V Belgium How Has It Affected The Development Of A Principle Of Universal Jurisdiction That Would Obligate All States To Prosecute War Criminals, Mark A. Summers
Faculty Scholarship
No abstract provided.
Yes, No, And Maybe: Informed Decision Making About Divorce Mediation In The Presence Of Domestic Violence, Nancy Ver Steegh
Yes, No, And Maybe: Informed Decision Making About Divorce Mediation In The Presence Of Domestic Violence, Nancy Ver Steegh
Faculty Scholarship
Divorce mediation in the context of domestic violence is one of the most controversial issues in family law today. Some believe that mediation is never appropriate when domestic violence has taken place, and others believe that it is always appropriate and should be mandatory. These views can be reconciled by taking a third approach, that mediation is sometimes appropriate but that this decision must be made on a case-by-case basis in consultation with the abuse survivor. The central premise of this article is that victims of domestic violence should have the opportunity to make an informed choice about which divorce …
Stuck In A Rut: The Role Of Creative Thinking In Problem Solving And Legal Education, Janet Weinstein, Linda H. Morton
Stuck In A Rut: The Role Of Creative Thinking In Problem Solving And Legal Education, Janet Weinstein, Linda H. Morton
Faculty Scholarship
This article focuses on the mental process of creative thinking. We discuss what it is, why we have difficulty engaging in it, and how we can overcome this difficulty through specific techniques and a more conducive environment. Creative thinking is an essential component to problem solving. In training future lawyers, we must do a better job of incorporating and supporting creative thinking in legal education. We conclude the article with a description of some of our efforts toward this objective.
Adoptions By Lesbian And Gay Parents Must Be Recognized By Sister States Under The Full Faith And Credit Clause Despite Anti-Marriage Statutes That Discriminate Against Same-Sex Couples, Barbara Cox
Faculty Scholarship
No abstract provided.
Fifteen Years After The Federal Sentencing Revolution: How Mandatory Minimums Have Undermined Effective And Just Narcotics Sentencing Perspectives On The Federal Sentencing Guidelines And Mandatory Sentencing, Ian Weinstein
Faculty Scholarship
Federal criminal sentencing has changed dramatically since 1988. Fifteen years ago, judges determined if and for how long a defendant would go to jail. Since that time, changes in substantive federal criminal statutes, particularly the passage of an array of mandatory minimum penalties and the adoption of the federal sentencing guidelines, have limited significantly judicial sentencing power and have remade federal sentencing and federal criminal practice. The results of these changes are significantly longer federal prison sentences, as was the intent of these reforms, and the emergence of federal prosecutors as the key players in sentencing. Yet, at the same …
Modeling Supreme Court Strategic Decision Making: The Congressional Constraint, Barak D. Richman, Mario Bergara, Pablo T. Spiller
Modeling Supreme Court Strategic Decision Making: The Congressional Constraint, Barak D. Richman, Mario Bergara, Pablo T. Spiller
Faculty Scholarship
This paper addresses the contradictory results obtained by Segal (1997) and Spiller and Gely (1992) concerning the impact of institutional constraints on the U.S. Supreme Court's decision making. By adapting the Spiller and Gely maximum likelihood model to the Segal dataset, we find support for the hypothesis that the Court adjusts its decisions to presidential and congressional preferences. Data from 1947 to 1992 indicate that the average probability of the Court being constrained has been approximately one-third. Further, we show that the results obtained by Segal are the product of biases introduced by a misspecified econometric model. We also discuss …
Contemporary And Future Directions In American Legal Research: Responding To The Threat Of The Available, Richard A. Danner
Contemporary And Future Directions In American Legal Research: Responding To The Threat Of The Available, Richard A. Danner
Faculty Scholarship
No abstract provided.
Entrenchment Of Ordinary Legislation: A Reply To Professors Posner And Vermeule, Erwin Chemerinsky
Entrenchment Of Ordinary Legislation: A Reply To Professors Posner And Vermeule, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
The Law And Economics Of Critical Race Theory, Mitu Gulati, Devon W. Carbado
The Law And Economics Of Critical Race Theory, Mitu Gulati, Devon W. Carbado
Faculty Scholarship
Legal academics often perceive law and economics (L&E) and critical race theory (CRT) as oppositional discourses. Using a recently published collection of essays on CRT as a starting point, we argue that the understanding of workplace discrimination can be furthered through a collaboration between L&E and CRT. L&E's strength is in its attention to incentives and norms, specifically its concern with explicating how norms incentivize behavior. Its limitation is that it treats race as exogenous and static. Thus, the literature fails to consider how institutional norms affect, and are affected by, race. To put the point another way, L&E does …