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Articles 19231 - 19260 of 19658
Full-Text Articles in Entire DC Network
Asserted But Unproven: A Further Response To The Lindgren Study’S Claim That The American Bar Association’S Ratings Of Judicial Nominees Are Biased, Neil Vidmar, Michael J. Saks
Asserted But Unproven: A Further Response To The Lindgren Study’S Claim That The American Bar Association’S Ratings Of Judicial Nominees Are Biased, Neil Vidmar, Michael J. Saks
Faculty Scholarship
No abstract provided.
A Flawed Search For Bias In The American Bar Association’S Ratings Of Prospective Judicial Nominess: A Critique Of The Lindgren Study, Neil Vidmar, Michael J. Saks
A Flawed Search For Bias In The American Bar Association’S Ratings Of Prospective Judicial Nominess: A Critique Of The Lindgren Study, Neil Vidmar, Michael J. Saks
Faculty Scholarship
No abstract provided.
Tenure, Mitu Gulati, Devon W. Carbado
Mozart And The Red Queen: The Problem Of Regulatory Accretion In The Administrative State, James Salzman, J.B. Ruhl
Mozart And The Red Queen: The Problem Of Regulatory Accretion In The Administrative State, James Salzman, J.B. Ruhl
Faculty Scholarship
No abstract provided.
Book Review, Steven L. Schwarcz
Book Review, Steven L. Schwarcz
Faculty Scholarship
Reviewing Cross Border Collateral: Legal Risks and the Conflict of Laws (R. Potok ed., 2002).
The Trouble With Global Constitutionalism, Ernest A. Young
The Trouble With Global Constitutionalism, Ernest A. Young
Faculty Scholarship
No abstract provided.
Mixing Metaphors: Voting, Dollars, And Campaign Finance Reform (Review Essay), Guy-Uriel Charles
Mixing Metaphors: Voting, Dollars, And Campaign Finance Reform (Review Essay), Guy-Uriel Charles
Faculty Scholarship
Reviewing, Bruce Ackerman & Ian Ayers, Voting with Dollars: A New Paradigm for Campaign Finance (2002)
Agenda Power In Brazil’S Camara Dos Deputados, 1989-98, Octavio Amorim Neto, Gary W. Cox, Mathew D. Mccubbins
Agenda Power In Brazil’S Camara Dos Deputados, 1989-98, Octavio Amorim Neto, Gary W. Cox, Mathew D. Mccubbins
Faculty Scholarship
No abstract provided.
Constitutional Borrowing And Nonborrowing, Lee Epstein, Jack Knight
Constitutional Borrowing And Nonborrowing, Lee Epstein, Jack Knight
Faculty Scholarship
No abstract provided.
Book Review: Dekker, The Invisible Line, Joseph Blocher
Book Review: Dekker, The Invisible Line, Joseph Blocher
Faculty Scholarship
Reviewing Henri A.L. Dekker, The Invisible Line: Land Reform, Land Tenure Security and Land Registration (2003)
It Ain’T No Tv Show: Jags And Modern Military Operations, Charles J. Dunlap Jr.
It Ain’T No Tv Show: Jags And Modern Military Operations, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Legal Transitions: Some Welfarist Remarks, Matthew D. Adler
Legal Transitions: Some Welfarist Remarks, Matthew D. Adler
Faculty Scholarship
This essay offers a sympathetic, utilitarian critique of Louis Kaplow's famous argument for legal retroactivity in his 1986 article, "An Economic Analysis of Legal Transitions." The argument, very roughly, is that the prospect of retroactivity is desirable if citizens are rational because it gives them a desirable incentive to anticipate legal change. My central claim is that this argument trades upon a dubious, objective view of probability that assumes rational citizens assign the same probabilities to states as rational governmental officials. But it is subjective, not objective probabilities that bear on rational choice, and the subjective probabilities of rational citizens …
Why Is There So Little Money In U.S. Politics?, John M. De Figueiredo, Stephen Ansolabehere, James M. Snyder Jr.
Why Is There So Little Money In U.S. Politics?, John M. De Figueiredo, Stephen Ansolabehere, James M. Snyder Jr.
Faculty Scholarship
No abstract provided.
The Influence Of Feminist Pedagogy On Student Participation And Student Perception Of Learning Environment In Distance Education: A Comparative Study Of Web-Based Graduate Distance Education Courses, Tammy R. Johnson
Theses, Dissertations and Capstones
The purpose of this study was to determine if a relationship existed between the level of feminist pedagogy employed in a course and student participation or student perception in that course. The study attempted to measure the level of feminist pedagogy employed in eight randomly selected, web-based distance education courses using a researcher-created instrument: The Feminist Pedagogy Scoring Rubric. Additionally, student perception of learning environment in each course was analyzed through the use of the Distance and Open Learning Environment Scale (DOLES). The rate of student participation in each course was determined by analyzing archived online communications. Four main tenets …
Renaissance And Reformation: From Private Morals To Public Policy In Alonso De Ercilla’S "La Araucana" And Edmund Spenser’S "The Faerie Oueene", Cyrus Moore
Dissertations, Theses, and Capstone Projects
The present study examines the significance for Ercilla and Spenser of humanism, Neoplatonism, Petrarchism, and cortegiania, competing discourses with distinct identities within the competing ideologies of the Reformation and Counter-Reformation. Both authors draw on a shared heritage of the translatio studii and, in particular, on imagery arising from epic poetry's underlying tension between epos and eros. Ercilla's use of this material fuels a renovatio of classical epic based on the poet's participation in the events he describes. Spenser's utilization of these motifs constitutes a transformatio impelled by reformed religion, which raises the stakes from the potential for shame or …
Who Is Andrea Yates? A Short Story About Insanity, Deborah W. Denno
Who Is Andrea Yates? A Short Story About Insanity, Deborah W. Denno
Faculty Scholarship
On June 20, 2001, Andrea Yates drowned her four children in a bathtub. At Andrea’s trial, in Harris County, Texas, the prosecution’s star expert, Patrick Dietz, appeared particularly adept at persuading the jury to accept the prosecution’s assertion that Andrea was sane and acting intentionally when she killed her children. This Article analyzes the problematic aspects of Dietz's testimony in an effort to contribute some balance to the Andrea Yates story. Despite the long history of expert witnesses in criminal trials, the justice system should question the fairness and efficacy of such an unregulated storytelling process. Part I of this …
Generation X In Law School: The Dying Of The Light Or The Dawn Of A New Day, Tracy L. Mcgaugh
Generation X In Law School: The Dying Of The Light Or The Dawn Of A New Day, Tracy L. Mcgaugh
Scholarly Works
No abstract provided.
The Evolving Legal Status Of Chimpanzees
The Evolving Legal Status Of Chimpanzees
Animal Law Review
On September 30, 2002, Harvard Law School hosted a legal symposium sponsored by the Chimpanzee Collaboratory's Legal Committee. The symposium featured speakers with expertise on chimpanzees, as well as legal scholars and lawyers who discussed the possibility of obtaining legal rights for chimpanzees and other great apes. This symposium sought to advance the argument that chimpanzees are entitled to some degree of legal status, and the speakers presented a range of views about how far such legal rights should extend. These remarks reflect the connection between the growning scientific understanding of chimpanzees and the advances in related legal doctrines. This …
A Review Of Minding Animals: Awareness, Emotions, And Heart By Dr. Mark Bekoff, Michael Tobias
A Review Of Minding Animals: Awareness, Emotions, And Heart By Dr. Mark Bekoff, Michael Tobias
Animal Law Review
No abstract provided.
A Conceptual Model Of Health Care Fraud Enforcement, Joan H. Krause
A Conceptual Model Of Health Care Fraud Enforcement, Joan H. Krause
Faculty Publications
No abstract provided.
Night Thoughts: Reflections On The Debate Concerning Same-Sex Marriage, John V. Orth
Night Thoughts: Reflections On The Debate Concerning Same-Sex Marriage, John V. Orth
Faculty Publications
No abstract provided.
New Transatlantic Tension And The Kagan Phenomenon: A Primer, Craig T. Smith
New Transatlantic Tension And The Kagan Phenomenon: A Primer, Craig T. Smith
Faculty Publications
No abstract provided.
Qualified Legal Compliance Committee: Using The Attorney Conduct Rules To Restructure The Board Of Directors, The Thirty-Third Annual Administrative Law Issue Agencies, Economic Justice, And Private Initiatives, Jill E. Fisch, Caroline M. Gentile
Qualified Legal Compliance Committee: Using The Attorney Conduct Rules To Restructure The Board Of Directors, The Thirty-Third Annual Administrative Law Issue Agencies, Economic Justice, And Private Initiatives, Jill E. Fisch, Caroline M. Gentile
Faculty Scholarship
The Securities and Exchange Commission introduced a new corporate governance structure, the qualified legal compliance committee, as part of the professional standards of conduct for attorneys mandated by the Sarbanes-Oxley Act of 2002. QLCCs are consistent with the Commission's general approach to improving corporate governance through specialized committees of independent directors. This Article suggests, however, that assessing the benefits and costs of creating QLCCs may be more complex than is initially apparent. Importantly, QLCCs are unlikely to be effective in the absence of incentives for active director monitoring. This Article concludes by considering three ways of increasing these incentives.
Criminal Neglect: Indigent Defense From A Legal Ethics Perspective Ethics Symposium What Do Clients Want: Practice Contexts, Bruce A. Green
Criminal Neglect: Indigent Defense From A Legal Ethics Perspective Ethics Symposium What Do Clients Want: Practice Contexts, Bruce A. Green
Faculty Scholarship
Most criminal defendants in the United States cannot afford to pay for a lawyer's services, and as a result their lawyers are government funded. Unfortunately, some state and local governments drastically under-fund indigent defense services. Criminal defense lawyers serving in these jurisdictions typically carry grossly excessive caseloads and are therefore severely restricted in how much time they can devote to individual clients. Commentators have targeted the under-funding of indigent defense systems as a problem of criminal justice, constitutional law, and civil rights. That is certainly true, but the under-funding of indigent defense also raises a serious and inadequately recognized problem …
Peace-Making Role Of A Mediator, The The Americanization Of International Dispute Resolution, John D. Feerick
Peace-Making Role Of A Mediator, The The Americanization Of International Dispute Resolution, John D. Feerick
Faculty Scholarship
Mediation, or the intervention of third parties, has been a tested and tried means of dispute resolution since the earliest history of the world. The theme for this program, the Americanization of International Dispute Resolution, asks whether there is an American style of dispute resolution and, if there is, whether it is positive or negative for the peaceful settlement of international disputes. In approaching my assignment of Mediation in Armed Conflict, I have focused my attention on Northern Ireland, a society that has experienced a violent conflict for the past thirty years, in which many efforts at mediation have taken …
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, …
New Problem-Solving Scholarship: An Historical Tale With A Happy Ending, Jacqueline Nolan-Haley
New Problem-Solving Scholarship: An Historical Tale With A Happy Ending, Jacqueline Nolan-Haley
Faculty Scholarship
No abstract provided.
Best Interests Not To View This.Com: Should The First Amendment Ever Come Second?, Joel R. Reidenberg
Best Interests Not To View This.Com: Should The First Amendment Ever Come Second?, Joel R. Reidenberg
Faculty Scholarship
No abstract provided.
Environmental Law, Congress And The Court’S New Federalism, Christopher H. Schroeder
Environmental Law, Congress And The Court’S New Federalism, Christopher H. Schroeder
Faculty Scholarship
No abstract provided.