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Articles 151 - 167 of 167
Full-Text Articles in Law
The Takings-Puzzle Puzzle, James E. Krier
The Takings-Puzzle Puzzle, James E. Krier
Articles
My aim here is to unpack the regulatory takings problem in a way that suggests why it is intractable. The idea is to reveal some of the different types of ambiguity necessarily entailed in takings cases. Seeing these ambiguities, we readily can understand why the doctrine in this area is so confused and confusing; why there is, in short, a "takings puzzle." To my mind, it is much more difficult to understand why anyone would expect matters to be otherwise. This oddity I call the "takings-puzzle puzzle."
Answering The Bayesioskeptical Challenge, Richard D. Friedman
Answering The Bayesioskeptical Challenge, Richard D. Friedman
Articles
In recent years, some scholars of evidence, myself among them, have made active use of subjective probability theory - what is sometimes referred to as Bayesianism - in thinking about issues and problems related to the law of evidence. But, at the same time, this use has been challenged to various degrees and in various ways by scholars to whom I shall apply the collective, if somewhat misleading, label of Bayesioskeptics. I present this brief paper to defend this use of probability theory, and to discuss what I believe is its proper role in discourse about evidentiary issues.
Confrontation And The Definition Of Chutzpa, Richard D. Friedman
Confrontation And The Definition Of Chutzpa, Richard D. Friedman
Articles
You may know the standard illustration of chutzpa - the man who kills both his parents and then begs the sentencing court to have mercy on an orphan. In this article, I discuss a case of chutzpa that is nearly as outlandish - the criminal defendant who, having rendered his victim unavailable to testify, contends that evidence of the victim's statement should not be admitted against him because to do so would violate his right to confront her. I contend that in a case like this the defendant should be deemed to have forfeited the confrontation right. On the same …
Making International Refugee Law Relevant Again: A Proposal For Collectivized And Solution-Oriented Protection, James C. Hathaway, R. Alexander Neve
Making International Refugee Law Relevant Again: A Proposal For Collectivized And Solution-Oriented Protection, James C. Hathaway, R. Alexander Neve
Articles
International refugee law is in crisis. Even as armed conflict and human rights abuse continue to force individuals and groups to flee their home countries, many governments are withdrawing from the legal duty to provide refugees with the protection they require. While governments proclaim a willingness to assist refugees as a matter of political discretion or humanitarian goodwill, they appear committed to a pattern of defensive strategies designed to avoid international legal responsibility toward involuntary migrants. Some see this shift away from a legal paradigm of refugee protection as a source for enhanced operational flexibility in the face of changed …
The A Student Who Gave Up The Law For Baseball, Yale Kamisar
The A Student Who Gave Up The Law For Baseball, Yale Kamisar
Articles
When the head coach of the University of Michigan baseball team resigned suddenly, University officials started looking around for a replacement. Then several people told the Athletic Director about an outstanding candidate in his own backyard. It turned out that a young man who had coached baseball both at Ohio Wesleyan University and Allegheny College and then been a catcher for several major league baseball clubs (before his throwing arm went dead) was a student in the Law School. After receiving glowing reports about the young man (let's call him by his first two initials, W.B.), the Athletic Director offered …
Minority Protection In Residential Private Governments, Stewart E. Sterk
Minority Protection In Residential Private Governments, Stewart E. Sterk
Articles
No abstract provided.
What Price Peace: From Nuremberg To Bosnia To The Nobel Peace Prize, Malvina Halberstam
What Price Peace: From Nuremberg To Bosnia To The Nobel Peace Prize, Malvina Halberstam
Articles
No abstract provided.
The Market For Loyalties And The Uses Of Comparative Media Law, Monroe E. Price
The Market For Loyalties And The Uses Of Comparative Media Law, Monroe E. Price
Articles
No abstract provided.
Conclusion, Monroe E. Price
Corporate Culture In Takeovers, Charles M. Yablon
The Top Ten Reasons Why Mediators Should Not Evaluate, Lela P. Love
The Top Ten Reasons Why Mediators Should Not Evaluate, Lela P. Love
Articles
The ten reasons outlined in this article demonstrate that a mediator’s giving advice, making assessments and stating opinions — particularly where the mediator presses parties to accept a particular opinion, outcome or assessment — are inconsistent with the role of a mediator.
A Methodological Perspective On The Use Of Comparative Media Law, Monroe E. Price, Stefaan G. Verhulst
A Methodological Perspective On The Use Of Comparative Media Law, Monroe E. Price, Stefaan G. Verhulst
Articles
No abstract provided.
Justices At Work: An Introduction, Michel Rosenfeld
Rake's Progress: Cure And Reinstatement Of Secured Claims In Bankruptcy Reorganization, David G. Carlson
Rake's Progress: Cure And Reinstatement Of Secured Claims In Bankruptcy Reorganization, David G. Carlson
Articles
No abstract provided.
A Tale Of Two Cities: Day Labor And Conflict Resolution For Communities In Crisis, Lela P. Love, Cheryl Mcdonald
A Tale Of Two Cities: Day Labor And Conflict Resolution For Communities In Crisis, Lela P. Love, Cheryl Mcdonald
Articles
Through the lens of Glen Cove and Agoura Hills, two cities facing social crisis revolving around a shaping point, this article addresses the importance of government and key interest groups developing approaches to conflict that will best move society forward while limiting the danger and costs of discord. This "tale of two cities" describes two remarkably similar situations involving day laborers and argues that one community’s choice of mediation after the commencement of litigation resulted in outcomes that addressed and satisfied a wider range of constituency interests than those realized by the community that chose litigation alone.
United States Ratification Of The Convention On The Elimination Of All Forms Of Discrimination Against Women, Malvina Halberstam
United States Ratification Of The Convention On The Elimination Of All Forms Of Discrimination Against Women, Malvina Halberstam
Articles
No abstract provided.
The Ethics Of Genetic Research On Sexual Orientation, Udo Schuklenk, Edward Stein, Jacinta Kerin, William Byne
The Ethics Of Genetic Research On Sexual Orientation, Udo Schuklenk, Edward Stein, Jacinta Kerin, William Byne
Articles
No abstract provided.