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Articles 20461 - 20490 of 25411
Full-Text Articles in Entire DC Network
Linguistics And The Composition Of Legal Documents: Border Crossing, Elizabeth Fajans, Mary R. Falk
Linguistics And The Composition Of Legal Documents: Border Crossing, Elizabeth Fajans, Mary R. Falk
Faculty Scholarship
No abstract provided.
Brandeis, Progressivism, And Commercial Law: Rethinking Benedict V. Ratner, Edward J. Janger
Brandeis, Progressivism, And Commercial Law: Rethinking Benedict V. Ratner, Edward J. Janger
Faculty Scholarship
No abstract provided.
Creating Law At The Securities And Exchange Commission: The Lawyer As Prosecutor, Roberta S. Karmel
Creating Law At The Securities And Exchange Commission: The Lawyer As Prosecutor, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
Enforcing Judgments Abroad: The Global Challenge: Introduction, Maryellen Fullerton
Enforcing Judgments Abroad: The Global Challenge: Introduction, Maryellen Fullerton
Faculty Scholarship
No abstract provided.
"Toward A Contractarian Account Of Family Governance", Marsha Garrison
"Toward A Contractarian Account Of Family Governance", Marsha Garrison
Faculty Scholarship
No abstract provided.
Autonomy Or Community? An Evaluation Of Two Models Of Parental Obligation, Marsha Garrison
Autonomy Or Community? An Evaluation Of Two Models Of Parental Obligation, Marsha Garrison
Faculty Scholarship
No abstract provided.
Book Reviews: Bodies Of Law By Alan Hyde, Cynthia Godsoe
Book Reviews: Bodies Of Law By Alan Hyde, Cynthia Godsoe
Faculty Scholarship
No abstract provided.
Slashing And Burning Prisoners Rights: Congress And The Supreme Court In Dialogue, Susan Herman
Slashing And Burning Prisoners Rights: Congress And The Supreme Court In Dialogue, Susan Herman
Faculty Scholarship
No abstract provided.
Religious Rituals And Latcrit Theorizing, Margaret E. Montoya
Religious Rituals And Latcrit Theorizing, Margaret E. Montoya
Faculty Scholarship
After the first annual LatCrit conference held at La Jolla, California, Professor Keith Aoki observed that "issues of religion and spirituality are submerged not far below the surface of emerging Latina/o Critical Theory." He proposed that LatCrits begin to "unbracket" religious affiliation and identity in the construction and representation of individual and group racial identities. Professor Aoki further posited that "[i]n a paradoxical way, religion simultaneously may be both more and less difficult to voluntarily discard than race, language or nationality as a constitutive element of one's individual and group identity.
Some Observations On The Juvenile Commitment Cases: Reconceptualizing What The Child Has At Stake, James W. Ellis
Some Observations On The Juvenile Commitment Cases: Reconceptualizing What The Child Has At Stake, James W. Ellis
Faculty Scholarship
These remarks will focus on the constitutional issues surrounding the treatment and habilitation of children with mental disabilities. I believe that we need to rethink the premises on which we construct our analysis of these problems, and it will surprise few in this audience that I conclude the Supreme Court of the United States did not get it precisely right.
Reflections On The Lsac National Longitudinal Bar Passage Study: Two Findings That Have Immediate Impact, Leo M. Romero
Reflections On The Lsac National Longitudinal Bar Passage Study: Two Findings That Have Immediate Impact, Leo M. Romero
Faculty Scholarship
This brief article discusses two specific findings that may be easy to overlook in the volume of national bar passage data Linda Wightman has produced for LSAC.
Maintaining The Status Quo: Protecting Established Water Uses In The Pacific Northwest, Despite The Rules Of Prior Appropriation, Reed D. Benson
Maintaining The Status Quo: Protecting Established Water Uses In The Pacific Northwest, Despite The Rules Of Prior Appropriation, Reed D. Benson
Faculty Scholarship
Water law in the Northwest states has long been based on the well-established rules of the Prior Appropriation Doctrine. In recent years, however, the four Northwest states often have not applied these rules against existing water users. State legislatures, courts, and water resource agencies have routinely changed the rules, or refused to implement them, if doing so might curtail current uses. This Article examines the ways in which the Northwest states have maintained the water use status quo despite the traditional rules. The Article then evaluates the economic and environmental implications of state efforts to protect existing water uses, and …
The Environmental Justice Misfit: Public Participation And The Paradigm Paradox, Eileen Gauna
The Environmental Justice Misfit: Public Participation And The Paradigm Paradox, Eileen Gauna
Faculty Scholarship
This Article argues that current administrative processes fail to effectively incorporate an important form of public participation in decision-making -- the participation by communities bearing the greatest environmental risks. This Article advocates an "environmental justice style" public participation model as a more promising approach because it calls for a recasting of the role of community participation in environmental decision-making -- a recasting which transcends traditional, modern, and proposed decision-making paradigms.Part II of this Article provides a brief history of the environmental justice movement. Part III addresses the role of the public under three models of administrative policy and decision-making: the …
Excursions Of A Random Walk Related To The Strong Law Of Large Numbers, Max J. Minzner, Travis Lee, Evan Fisher
Excursions Of A Random Walk Related To The Strong Law Of Large Numbers, Max J. Minzner, Travis Lee, Evan Fisher
Faculty Scholarship
No abstract provided.
Campaign Finance: The Impact On The Legislative And Regulatory Process, John B. Anderson
Campaign Finance: The Impact On The Legislative And Regulatory Process, John B. Anderson
Faculty Scholarship
During a Senate campaign more than four decades ago, revelations of a $5,000 contribution offer to Senator Karl Mundt of South Dakota precipitated a Senate investigation. At that time, Congress was considering legislation dealing with the regulation of natural gas. The discovery of the contribution offer ignited such a furor that it prompted President Eisenhower to declare he would veto any bill relating to natural gas regulation enacted under a cloud of suspicion. He carried out his threat, and it was another decade before Congress finally enacted legislation deregulating natural gas at the wellhead. Since that time, as the costs …
The Director's Choice: The Fine Line Between Interpretation And Infringement Of An Author's Work, Jon M. Garon
The Director's Choice: The Fine Line Between Interpretation And Infringement Of An Author's Work, Jon M. Garon
Faculty Scholarship
No abstract provided.
The Role Of Corporate Law In The Adaptation Of French Enterprise, James A. Fanto
The Role Of Corporate Law In The Adaptation Of French Enterprise, James A. Fanto
Faculty Scholarship
No abstract provided.
The Mccleskey Puzzle: Remedying Prosecutorial Discrimination Against Black Victims In Capital Sentencing, Ashutosh Bhagwat, Evan Tsen Lee
The Mccleskey Puzzle: Remedying Prosecutorial Discrimination Against Black Victims In Capital Sentencing, Ashutosh Bhagwat, Evan Tsen Lee
Faculty Scholarship
No abstract provided.
The Justice Who Wouldn't Be Lutheran: Toward Borrowing The Wisdom Of Faith Traditions, Marie Failinger
The Justice Who Wouldn't Be Lutheran: Toward Borrowing The Wisdom Of Faith Traditions, Marie Failinger
Faculty Scholarship
Although many authors have debated the propriety of the use of religious arguments in public policy discussions and lawmaking, few have critically reviewed the jurisprudence of particular judges through the lens of their own faith-traditions. Preliminarily, this article attempts a modest contribution to the discussion about the use of religious argument in public discussions by suggesting that judicial opinions should be viewed rhetorically and that religious assumptions and claims may legitimately be "borrowed" analogically into such opinions, at least their forensic and epideictic elements. More concretely, it analyzes themes in some of Justice William Rehnquist's opinions to determine how consistent …
Single-Parent Latinas On The Margin: Seeking A Room With A View, Meals, And Built-In Community, Laura M. Padilla
Single-Parent Latinas On The Margin: Seeking A Room With A View, Meals, And Built-In Community, Laura M. Padilla
Faculty Scholarship
This article considers the unique challenges of single parent Latinas and and a different way of viewing concerns of single parents. This alternative paradigm uses a holistic approach to the problems I had been pondering, acknowledging their interconnectedness, rather than artificially segmenting them into disjointed issues. I visualized a multi-pronged approach to Latina mothers' many concerns, based on a cohousing model, as modified for the needs of a low-income, racially distinct population of single-parent Latinas. It describes co-housing and proposes that this housing model be more broadly accessible through land use changes and greater acceptance of housing beyond single family …
Teaching Creative Problem Solving: A Paradigmatic Approach, Linda H. Morton
Teaching Creative Problem Solving: A Paradigmatic Approach, Linda H. Morton
Faculty Scholarship
This article presents a visual and descriptive model for teaching creative problem solving in the law school curriculum. After elaborating on the definition and significance of teaching creative problem solving to law students, the author describes her model and her teaching methods in clinical classes as well as law school courses.
Joe Six-Pack, U.S. V. O'Hagan, And Private Securities Litigation Reform: A Line Must Be Drawn, Michael H. Dessent
Joe Six-Pack, U.S. V. O'Hagan, And Private Securities Litigation Reform: A Line Must Be Drawn, Michael H. Dessent
Faculty Scholarship
No abstract provided.
Expanding The Circle Of Membership By Reconstructing The Alien: Lessons From Social Psychology And The Promise Enforcement Cases, Victor C. Romero
Expanding The Circle Of Membership By Reconstructing The Alien: Lessons From Social Psychology And The Promise Enforcement Cases, Victor C. Romero
Faculty Scholarship
Recent legal scholarship suggests that the Supreme Court's decisions on immigrants' rights favor conceptions of membership over personhood. Federal courts are often reluctant to recognize the personal rights claims of noncitizens because they are not members of the United States. Professor Michael Scaperlanda argues that because the courts have left the protection of noncitizens' rights in the hands of Congress and, therefore, its constituents, U.S. citizens must engage in a serious dialogue regarding membership in this polity while considering the importance of constitutional principles of personhood. This Article takes up Scaperlanda's challenge. Borrowing from recent research in social psychology, this …
Preliminary Observations: Asymmetrical Warfare And The Western Mindset, Charles J. Dunlap Jr.
Preliminary Observations: Asymmetrical Warfare And The Western Mindset, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Erisa Preemption Of State And Local Laws On Domestic Partnership And Sexual Orientation Discrimination In Employment, Catherine Fisk
Erisa Preemption Of State And Local Laws On Domestic Partnership And Sexual Orientation Discrimination In Employment, Catherine Fisk
Faculty Scholarship
No abstract provided.
Saving The Family From The Reformers, Katharine T. Bartlett
Saving The Family From The Reformers, Katharine T. Bartlett
Faculty Scholarship
No abstract provided.
Reconceiving The Tournament Of Lawyers: Tracking, Seeding, And Information Control In The International Labor Markets Of Elite Law Firms, Mitu Gulati, David B. Wilkins
Reconceiving The Tournament Of Lawyers: Tracking, Seeding, And Information Control In The International Labor Markets Of Elite Law Firms, Mitu Gulati, David B. Wilkins
Faculty Scholarship
No abstract provided.
The Durability Of Law School Reputation, Richard L. Schmalbeck
The Durability Of Law School Reputation, Richard L. Schmalbeck
Faculty Scholarship
No abstract provided.
Race And The Federal Income Tax: Has A Disparate Impact Case Been Made?, Richard L. Schmalbeck
Race And The Federal Income Tax: Has A Disparate Impact Case Been Made?, Richard L. Schmalbeck
Faculty Scholarship
No abstract provided.
Virtual Civil Litigation: A Visit To John Bunyan’S Celestial City, Paul D. Carrington
Virtual Civil Litigation: A Visit To John Bunyan’S Celestial City, Paul D. Carrington
Faculty Scholarship
No abstract provided.