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Attorney Fact-Finding, Ethical Decision-Making And The Methodology Of Law, Robert Rubinson

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This Article explores the significance, challenges, and complexities of attorney fact-finding in ethical decision-making. Almost all discourse about legal ethics, from the pedagogical to the scholarly to the practical, takes facts for granted in order to focus on issues about ethical rules. The factual dimension of ethical decision-making, however, is critical to the decision-making process and can be subjected to rigorous and systematic study. Indeed, it is lawyers in a situation who engage in ethical decision-making, and such a situation entails the assimilation and interpretation of many sources of information. Such a process necessarily includes the motivations and ambivalence of …

Business Lawyer, Woman Warrior: An Allegory Of Feminine And Masculine Theories, Barbara Ann White

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The first part of this essay is a discourse on how two of the last half century’s most influential contributions to legal thinking: Law and Economics Jurisprudence and Feminist Legal Theory, whose adherents are normally adversaries, can function synergistically to create a greater analytic power. Using business law issues as an example - historically law and economics’ terrain but recently explored by feminism - I comment on how each can unravel different knots but each standing alone leave other conundrums unresolved.

Expanding on the feminist concept of “masculine thinking,” I discuss how, just as law and economics’ analytic style (i.e., …

American Society For Reproductive Medicine Addresses Preconception Gender Selection, Valerie Gutmann Koch

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No abstract provided.

Eros And Pornography In Russian Culture By Marcus C. Levitt And Andrei L. Toporkov, Jane T. Costlow

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No abstract provided.

The Judiciary In The United States: A Search For Fairness, Independence And Competence, Stephen J. Shapiro

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Alexander Hamilton referred to the judiciary as “the least dangerous branch” because it could neither make nor enforce the law without help from the other two branches of government. In the years since then, however, courts and judges in the United States have assumed a much more prominent role in society. American judges preside over criminal trials and sentence those convicted, decide all kinds of civil disputes, both large and small, and make important decisions involving families, such as child custody. They have also become the primary guarantors of the civil and constitutional rights of American citizens.

The case of …

Accountability Solutions In The Consent Search And Seizure Wasteland, José F. Anderson

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The legal and social issues that have emerged out of the doctrine that people in America have a right against unreasonable government instituted searches and seizures have dominated the dialogue and controversy in the American criminal justice system over the last three decades. A large portion of the debate has centered around the controversial exclusionary rule, which frees the sometimes unmistakably guilty because of irregularities in police procedure.

The notion that society suffers when criminals go free because of the constable's blunder has struck a decidedly political note in the discussion over criminal justice reform. Many observers are quick to …

Dialectics And Domestic Abuse, Katharine K. Baker

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No abstract provided.

The Burdens And Benefits Of The American Jury, José F. Anderson

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There is no institution in the legal system more controversial than the American Jury. It has been praised and hated by people from all walks of life. James Madison once called it among "the most valuable" rights included in the Bill of Rights. Robert Allan Rutland, The Birth of the Bill of Rights 1776-1791, at 208 (2nd ed ., Northeastern Univ. Press 1991) (1955) (quoting 1 Annals of Cong. 755 (Joseph Gales ed., 1789)). The business community sometimes complains that it paralyzes its ability to grow. Politicians have used it as grist for their mills calling for jury reform. Television …

"A Common Fate Of Discrimination": Race-Gender Analogies In Legal And Historical Perspective, Serena Mayeri

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No abstract provided.

The Wanted Gaze: Accountability For Interpersonal Conduct At Work, Anita L. Allen

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No abstract provided.

Mary Joe Frug's Postmodern Feminist Legal Manifesto Ten Years Later: Reflections On The State Of Feminism Today·, Regina Austin, Elizabeth M. Schneider

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No abstract provided.

Kinship Care And The Price Of State Support For Children, Dorothy E. Roberts

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No abstract provided.

Coercion Without Baselines: Unconstitutional Conditions In Three Dimensions, Mitchell N. Berman

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No abstract provided.

Criminal Justice And Black Families: The Collateral Damage Of Over-Enforcement, Dorothy E. Roberts

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No abstract provided.

Poverty, Welfare Reform, And The Meaning Of Disability, Jennifer Pokempner, Dorothy E. Roberts

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No abstract provided.