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Articles 8911 - 8940 of 11522
Full-Text Articles in Law
The United States Policy On Hiv Infected Aliens: Is Exclusion An Effective Solution, Christine N. Cimini
The United States Policy On Hiv Infected Aliens: Is Exclusion An Effective Solution, Christine N. Cimini
Articles
As of the summer of 1991, though the World Health Organization (WHO) had only 366,455 documented cases of Acquired Immune Deficiency Syndrome (AIDS), the organization estimated that as many as 1.25 million people worldwide had actually contracted AIDS. That number was predicted to grow to twenty-five to thirty million cases of HIV worldwide by the year 2000. With hysteria and misinformation surrounding the transmission HIV/AIDS, Congress made changes to existing immigration laws to exclude entry to individuals with HIV. This comment critiques the early 1990s United States immigration policy that added HIV to the list of diseases for which a …
A Superfund Trivia Test: A Comment On The Complexity Of Environmental Laws, William H. Rodgers, Jr.
A Superfund Trivia Test: A Comment On The Complexity Of Environmental Laws, William H. Rodgers, Jr.
Articles
Professor Rodgers examines the reasons for the American obsession with trivia. While unable to determine the cause of the obsession, he does provide some insight on the usefulness and need for the information in the study of environmental law.
Extending The New Patent Misuse Limitation To Copyright: Lasercomb America, Inc. V. Reynolds, Toshiko Takenaka
Extending The New Patent Misuse Limitation To Copyright: Lasercomb America, Inc. V. Reynolds, Toshiko Takenaka
Articles
This Article examines the decisional history that shaped the misuse doctrine and the interplay between the misuse defense and antitrust liability in patent and copyright infringement litigation. In particular, by examining the public interest and policy considerations underlying patent and antitrust laws, this Article compares and evaluates the new view that misuse must be analyzed by the conventional antitrust theories expressed by Judge Posner in USM Corp. v. SPS Technologies Inc. and the traditional view that was derived from the equity doctrine expressed in Morton Salt v. G.S. Suppiger.
Furthermore, this Article reviews the legislative history and the impact …
Mandatory Penalties, Michael Tonry
Mandatory Penalties, Michael Tonry
Articles
To many public officials, promotion and enactment of mandatory penalty laws are important symbols of their concern for public safety and citizens' fear of crime. In practice, mandatory minimum-penalty laws accomplish few of their stated objectives and produce unwanted consequences. Their deterrent effects range from nonexistent to short-lived. When they call for short mandatory prison terms for serious crimes, they are often irrelevant because longer sentences are generally imposed. When they mandate longer terms (five, ten, twenty years), they are often circumvented by lawyers and judges. They reduce defendants' incentives to plead guilty, reduce guilty plea rates, and lengthen case …
Autopoiesis In America, Stephen M. Diamond
Outsider Scholarship: The Law Review Stories, Mary I. Coombs
Outsider Scholarship: The Law Review Stories, Mary I. Coombs
Articles
No abstract provided.
Taxation Of Business Rent, George Mundstock
The Death Of The Employer: Image, Text, And Title Vii, D. Marvin Jones
The Death Of The Employer: Image, Text, And Title Vii, D. Marvin Jones
Articles
No abstract provided.
Heat Of Passion And Wife Killing: Men Who Batter/Men Who Kill, Donna Coker
Heat Of Passion And Wife Killing: Men Who Batter/Men Who Kill, Donna Coker
Articles
No abstract provided.
Exit: Power And The Idea Of Leaving In Love, Work, And The Confirmation Hearings, Martha R. Mahoney
Exit: Power And The Idea Of Leaving In Love, Work, And The Confirmation Hearings, Martha R. Mahoney
Articles
No abstract provided.
Simulated Legal Education: A Template, Thomas A. Robinson
Simulated Legal Education: A Template, Thomas A. Robinson
Articles
No abstract provided.
Enterprise And American Law: 1836-1937. By Herbert Hovenkamp (Book Review), Kunal Parker
Enterprise And American Law: 1836-1937. By Herbert Hovenkamp (Book Review), Kunal Parker
Articles
No abstract provided.
Coherentism Discomposed: A Critique Of Bonjour's The Structure Of Empirical Knowledge, Susan Haack
Coherentism Discomposed: A Critique Of Bonjour's The Structure Of Empirical Knowledge, Susan Haack
Articles
No abstract provided.
Disabled Clients, Disabling Lawyers, Anthony V. Alfieri
Disabled Clients, Disabling Lawyers, Anthony V. Alfieri
Articles
No abstract provided.
Stances, Anthony V. Alfieri
Appointing A Proxy Under The Best Of Circumstances, Patricia D. White
Appointing A Proxy Under The Best Of Circumstances, Patricia D. White
Articles
No abstract provided.
Public Values And Corporate Fiduciary Law, William Wilson Bratton
Public Values And Corporate Fiduciary Law, William Wilson Bratton
Articles
No abstract provided.
The Economic Structure Of The Post--Contractual Corporation, William Wilson Bratton
The Economic Structure Of The Post--Contractual Corporation, William Wilson Bratton
Articles
No abstract provided.
Telling Tales In Court: Trial Procedure And The Story Model, Richard O. Lempert
Telling Tales In Court: Trial Procedure And The Story Model, Richard O. Lempert
Articles
There are three ways in which stories may figure prominently at trials. First, litigants may tell stories to jurors. Not only is there some social science evidence that this happens, but trial lawyers have an instinctive sense that this is what they do. Ask a litigator to describe a current case and she is likely to reply, "Our story is ... " Second, jurors may try to make sense of the evidence they receive by fitting it to some story pattern. If so, the process is likely to feed back on itself. That is, jurors are likely to build a …
Abduction From The Seraglio: Feminist Methodologies And The Logic Of Imagination, Jeanne L. Schroeder
Abduction From The Seraglio: Feminist Methodologies And The Logic Of Imagination, Jeanne L. Schroeder
Articles
The article critiques the "different voice" theory in feminist jurisprudence, arguing that it risks reinforcing gender stereotypes and lacks a normative framework to challenge dominant masculinist perspectives. It also examines MacKinnon's contributions to feminist legal theory, highlighting both her strengths, such as her recognition of the need for a comprehensive alternative to masculinist theories, and her limitations, particularly her failure to develop a robust methodology for hypothesis verification. The article emphasizes the importance of distinguishing between hypothesis formation and proof in jurisprudence and advocates for a more nuanced approach to gender jurisprudence that avoids essentialism and integrates psychological insights without …
Some Caveats Concerning Dna As Criminal Identification Evidence: With Thanks To The Reverend Bayes, Richard O. Lempert
Some Caveats Concerning Dna As Criminal Identification Evidence: With Thanks To The Reverend Bayes, Richard O. Lempert
Articles
The conference panel at which this paper was originally presented was structured along the lines of a debate. The three speakers who were supposed to advocate the use of DNA evidence were labeled, as is customary, Proponents. But those who were supposed to take the negative side were not called Opponents. Rather they were labeled Caveators. I do not know who is responsible for this label, but I think it gets things exactly right. To my mind anyone considering DNA as criminal identification evidence should be a Caveator. The promise and utility of DNA analysis in identifying the perpetrators of …
Law And Society In A New South Community: Durham County, North Carolina, 1898-1899, James L. Hunt
Law And Society In A New South Community: Durham County, North Carolina, 1898-1899, James L. Hunt
Articles
No abstract provided.
The Fall And Rise Of The Criminal Contingent Fee, Peter Lushing
The Fall And Rise Of The Criminal Contingent Fee, Peter Lushing
Articles
The article argues that the ban on contingent fees for criminal defense attorneys, established by the American Bar Association in 1969, is outdated and should be repealed. It contends that the ban is rooted in historical prejudice and unfounded concerns about conflicts of interest, rather than empirical evidence. The author suggests that the Supreme Court's 1989 decision implicitly approving contingent fees in certain criminal cases presents an opportunity to reconsider this prohibition. Repealing the ban could benefit middle-class defendants and allow for regulation and data collection to address potential issues.
Qualified Plans And Identifying Tax Expenditures: A Rejoinder To Professor Stein, Edward A. Zelinsky
Qualified Plans And Identifying Tax Expenditures: A Rejoinder To Professor Stein, Edward A. Zelinsky
Articles
No abstract provided.
The Fourth Amendment And Its Exclusionary Rule, Yale Kamisar
The Fourth Amendment And Its Exclusionary Rule, Yale Kamisar
Articles
"The history of liberty," Justice Felix Frankfurter once noted, "has largely been the history of observance of procedural safeguards" and "the history of the destruction of liberty," Professor Anthony Amsterdam has added, "has largely been the history of the relaxation of those safeguards in the face of plausible sounding governmental claims of a need to deal with widely frightening and emotion freighted threats to the good order of society." These plausible-sounding government claims are being heard today -and they are putting enormous pressure on the Fourth Amendment, the constitutional provision that protects "the right of the people to be secure …
Copyright As Myth, Jessica D. Litman
Copyright As Myth, Jessica D. Litman
Articles
It has become fashionable to seek to formulate, or reformulate, copyright law as an expression of overarching grand theory. Perhaps the most prominent manifestation of this trend has been the recasting of copyright law in the mold of economic incentives; a more recent upstart competitor seeks to reclaim the debate by invoking the philosophical precepts of Hohfeld, Hegel and Locke. Occasionally, the literature gives us polite debates about which of the competing theoretical models is more misguided. Meanwhile, another voice in the copyright literature has been complaining that the law is remarkably unaccommodating of the actual process of creating works …
Fragile Gains: Two Centuries Of Canadian And United States Policy Toward Indians, Ralph W. Johnson
Fragile Gains: Two Centuries Of Canadian And United States Policy Toward Indians, Ralph W. Johnson
Articles
The United States and Canada share a common history in their policies toward and legal treatment of the Native Americans that historically have occupied both countries. The Royal Proclamation of 1763 established a policy of recognizing Aboriginal title and treating with Indians that was binding on the colonies that preceded both countries, and influenced both governments in later dealings with tribes. Assimilationist themes are evident as well in the national policy toward Indians in both countries. Nevertheless, historically and in the present, national policies and laws of the two governments can be contrasted. This Article sets forth a detailed comparison …
United States V. United States: When Can The Federal Government Sue Itself?, Michael E. Herz
United States V. United States: When Can The Federal Government Sue Itself?, Michael E. Herz
Articles
No abstract provided.
Oil And The Public Trust Doctrine In Washington, Ralph W. Johnson
Oil And The Public Trust Doctrine In Washington, Ralph W. Johnson
Articles
The tragic spill of millions of gallons of oil into Alaska's Prince William Sound alerted the people of Washington to the danger of spills in Puget Sound. In Washington, the danger heightens as the amount of oil transported through the Sound increases. Indeed, Coast Guard figures show about 1,500 tanker movements in Puget Sound in 1988, a 50 percent increase over 1974.2 Moreover, the spill from the Exxon Valdez taught us that, because very little can be done after a spill, the only truly effective means of preventing damage from oil spills is to prevent them in the first place. …
Should Judges Take Seriously The Sentencing Commission's Standards For Accepting Plea Agreements?, David Yellen
Should Judges Take Seriously The Sentencing Commission's Standards For Accepting Plea Agreements?, David Yellen
Articles
No abstract provided.