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Articles 61 - 90 of 209
Full-Text Articles in Law
The Limits Of Gaylaw, Dale Carpenter
The Limits Of Gaylaw, Dale Carpenter
Articles
The world into which Gaylaw arrives is one whose poles are very far apart. At one pole, a man fatally fractures his dog's skull by beating him with a plastic vacuum cleaner accessory and then throwing the dog against a tree trunk. 3 Why? The man concluded the dog was homosexual after he saw the poodle-Yorkshire terrier mix repeatedly attempt sexual activity with another male terrier. 4 At the man's subsequent trial for animal cruelty, a veterinarian testified that such behavior in dogs is a common way for them to assert dominance, rather than necessarily a sexual act, much less …
Expressive Association And Anti-Discrimination Law After Dale: A Tripartite Approach, Dale Carpenter
Expressive Association And Anti-Discrimination Law After Dale: A Tripartite Approach, Dale Carpenter
Articles
To many who support equal civil rights for gay people, it certainly seems so. 2 In Dale, after all, the Supreme Court held that the First Amendment allowed the Boy Scouts of America (BSA) to exclude an openly gay scoutmaster despite a state law forbidding such discrimination. 3 More broadly, the rationale for the decision - based on the BSA's right of expressive association - has raised fears (for some, hopes) that the Court might be moving toward a sweeping review of the constitutionality of numerous state and federal statutes forbidding discrimination in business-related clubs, public accommodations, and even employment. …
Premarital Agreements In The Ali Principles Of Family Dissolution, Brian H. Bix
Premarital Agreements In The Ali Principles Of Family Dissolution, Brian H. Bix
Articles
Marriage is a public status grounded on an intimate relationship. Those who emphasize the public status aspect have argued that the state, and the state alone, should set the terms for the marriage (including rules for entry, rules during the marriage, and the terms on which the marriage can be dissolved). Those who emphasize the intimate relationship aspect have been more receptive to the parties’ private ordering of the terms of their marriage.
How To Plot Love On An Indifference Curve, Brian H. Bix
How To Plot Love On An Indifference Curve, Brian H. Bix
Articles
This review of June Carbone's book, "From Partners to Parents: The Second Revolution in Family Law" (Columbia U. Pr., 2000), considers not only the title theme-- how societal norms regarding the family and legal regulation of the family have changed their focus from the way adult partners treat one another to parents' rights and duties regarding their children-- but also additional themes raised by the book's discussions. In particular, the Review emphasizes the way in which Family Law writers have resisted or adapted economic approaches to law, and the problem of legal reform in Family Law at a time of …
The Back-Door To Prison: Waiver Reform, "Blended Sentencing," And The Law Of Unintended Consequences, Marcy Rasmussen Podkopacz, Barry C. Feld
The Back-Door To Prison: Waiver Reform, "Blended Sentencing," And The Law Of Unintended Consequences, Marcy Rasmussen Podkopacz, Barry C. Feld
Articles
The Minnesota innovation, "Extended Jurisdiction Juvenile Prosecution (EJJ)," allowed judges simultaneously to impose a delinquency disposition and an adult criminal sentence, the execution of which the judge stayed pending successful completion of the delinquency sentence. Podkapacz and Feld analyze the implementation of Minnesota's new EJJ blended sentencing law in Hennepin County, the largest metropolitan county in the state.
Latcrit At Five: Institutionalizing A Postsubordination Future, Elizabeth M. Iglesias, Francisco Valdes
Latcrit At Five: Institutionalizing A Postsubordination Future, Elizabeth M. Iglesias, Francisco Valdes
Articles
No abstract provided.
Cost-Benefit Default Principles, Cass R. Sunstein
Introduction: Guns, Crime, And Punishment In America, Bernard E. Harcourt
Introduction: Guns, Crime, And Punishment In America, Bernard E. Harcourt
Articles
No abstract provided.
Legal Scholarship Today, Richard A. Posner
Foreign Affairs And Domestic Reform, Curtis A. Bradley
The Road Taken: Robert A. Dahl's Decision-Making In A Democracy: The Supreme Court As A National Policy-Maker, Gerald Rosenberg
The Road Taken: Robert A. Dahl's Decision-Making In A Democracy: The Supreme Court As A National Policy-Maker, Gerald Rosenberg
Articles
No abstract provided.
Is Cost-Benefit Analysis For Everyone?, Cass R. Sunstein
Is Cost-Benefit Analysis For Everyone?, Cass R. Sunstein
Articles
No abstract provided.
Order Without Law, Cass R. Sunstein
The Arithmetic Of Arsenic, Cass R. Sunstein
The Arithmetic Of Arsenic, Cass R. Sunstein
Articles
What does cost-benefit analysis mean, or do, in actual practice? When agencies engage in cost-benefit balancing, what are the interactions among law, science, and economics? This Article attempts to answer that question by exploring, in some detail, the controversy over the EPA's proposed regulation of arsenic in drinking water The largest finding is that often science can produce only "benefit ranges, " and wide ones at that. With reasonable assumptions based on the scientific data before the EPA at the time it made its initial decision, the proposed arsenic regulation can be projected to save as few as 0 lives …
Meeting The Need: Minnesota's Collaborative Model To Deliver Law Student Public Service, Susan J. Curry
Meeting The Need: Minnesota's Collaborative Model To Deliver Law Student Public Service, Susan J. Curry
Articles
No abstract provided.
The European Union's Common Foreign And Security Policy: Emerging From The U.S. Shadow, Elizabeth Duquette
The European Union's Common Foreign And Security Policy: Emerging From The U.S. Shadow, Elizabeth Duquette
Articles
No abstract provided.
The Human Rights Of The Mentally Disabled: Can European Union Law Help?, Elizabeth Duquette
The Human Rights Of The Mentally Disabled: Can European Union Law Help?, Elizabeth Duquette
Articles
No abstract provided.
The Irrelevance Of Constitutional Amendments, David A. Strauss
The Irrelevance Of Constitutional Amendments, David A. Strauss
Articles
Article V of the Constitution specifies how the Constitution may be amended. Notwithstanding all the attention that constitutional amendments receive, however, our constitutional order would look little different if a formal amendment process did not exist. At least since the first few decades of the Republic, constitutional amendments have not been an important means by which the Constitution, in practice, has changed. Many changes have come about without amendments. In some instances, even though amendments were rejected, the law changed in the way the failed amendments sought. Several amendments that were thought to be important in fact had little effect …
The Failure Of Disclosure As An Approach To Shelters, David A. Weisbach
The Failure Of Disclosure As An Approach To Shelters, David A. Weisbach
Articles
No abstract provided.
Employment And Labor Law Reform In New Zealand Lecture, Richard A. Epstein
Employment And Labor Law Reform In New Zealand Lecture, Richard A. Epstein
Articles
No abstract provided.
When Courts And Politics Collide: Mongolia's Constitutional Crisis, Tom Ginsburg, Gombosuren Ganzorig
When Courts And Politics Collide: Mongolia's Constitutional Crisis, Tom Ginsburg, Gombosuren Ganzorig
Articles
No abstract provided.
Money And Judges In The Law Of The Medieval Church, Richard H. Helmholz
Money And Judges In The Law Of The Medieval Church, Richard H. Helmholz
Articles
No abstract provided.
A New Executive Order For Improving Federal Regulation - Deeper And Wider Cost-Benefit Analysis, Cass R. Sunstein, Robert W. Hahn
A New Executive Order For Improving Federal Regulation - Deeper And Wider Cost-Benefit Analysis, Cass R. Sunstein, Robert W. Hahn
Articles
For over two decades, federal agencies have been required to analyze the benefits and costs of significant regulatory actions and to show that the benefits justify the costs. But the regulatory state continues to suffer from significant problems, including poor priority-setting, unintended adverse side-effects, and, on occasion, high costs for low benefits. In many cases, agencies do not offer an adequate account of either costs or benefits, and hence the commitment to cost-benefit balancing is not implemented in practice. A major current task is to ensure a deeper and wider commitment to cost-benefit analysis, properly understood. We explain how this …
Conjunction And Aggregation, Saul Levmore
Law And The Emotions, Eric A. Posner
Comment On Means Testing Consumer Bankruptcy By Jean Braucher, Eric A. Posner
Comment On Means Testing Consumer Bankruptcy By Jean Braucher, Eric A. Posner
Articles
No abstract provided.
'In Such Manner As The Legislature Thereof May Direct': The Outcome In Bush V Gore Defended, Richard A. Epstein
'In Such Manner As The Legislature Thereof May Direct': The Outcome In Bush V Gore Defended, Richard A. Epstein
Articles
No abstract provided.
Consent, Not Power, As The Basis Of Jurisdiction Frontiers Of Jurisdiction, Richard A. Epstein
Consent, Not Power, As The Basis Of Jurisdiction Frontiers Of Jurisdiction, Richard A. Epstein
Articles
No abstract provided.
The Struggle For Sex Equality In Sport And The Theory Behind Title Ix, Deborah Brake
The Struggle For Sex Equality In Sport And The Theory Behind Title Ix, Deborah Brake
Articles
Title IX's three-part test for measuring discrimination in the provision of athletic opportunities to male and female students has generated heated controversy in recent years. In this Article, Professor Brake discusses the theoretical underpinnings behind the three-part test and offers a comprehensive justification of this theory as applied to the context of sport. She begins with an analysis of the test's relationship to other areas of sex discrimination law, concluding that, unlike most contexts, Title IX rejects formal equality as its guiding theory, adopting instead an approach that focuses on the institutional structures that subordinate girls and women in sport. …
Romantic Common Law, Enlightened Civil Law: Legal Uniformity And The Homogenization Of The European Union, Vivian Grosswald Curran
Romantic Common Law, Enlightened Civil Law: Legal Uniformity And The Homogenization Of The European Union, Vivian Grosswald Curran
Articles
The main thrust of this article is to suggest how legal uniformity may result in the European Union despite its Member States' encompassing the two highly distinct legal traditions of the common law and the civil law. My theory is that the defining characteristics of the civil-law legal culture, although in stark and profound contrast with those of the common-law legal system, nevertheless appear prominently and pervasively in the non-legal spheres of common-law nations; and vice versa, such that common-law legal characteristics correspond closely to elements often excluded from civil-law legal cultures, but which are included in the non-legal domains …