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Legal Reasoning From The Top Down And From The Bottom Up: The Question Of Unenumerated Constitutional Rights, Richard A. Posner Jan 1992

Legal Reasoning From The Top Down And From The Bottom Up: The Question Of Unenumerated Constitutional Rights, Richard A. Posner

Articles

No abstract provided.


Yee V. City Of Escondido: The Supreme Court Strikes Out Again, Richard A. Epstein Jan 1992

Yee V. City Of Escondido: The Supreme Court Strikes Out Again, Richard A. Epstein

Articles

No abstract provided.


A Common Lawyer Looks At Constitutional Interpretation, Richard A. Epstein Jan 1992

A Common Lawyer Looks At Constitutional Interpretation, Richard A. Epstein

Articles

No abstract provided.


Bills Of Rights And Regression To The Mean, Frank H. Easterbrook Jan 1992

Bills Of Rights And Regression To The Mean, Frank H. Easterbrook

Articles

No abstract provided.


Property And The Politics Of Distrust, Richard A. Epstein Jan 1992

Property And The Politics Of Distrust, Richard A. Epstein

Articles

No abstract provided.


Stances, Anthony V. Alfieri Jan 1992

Stances, Anthony V. Alfieri

Articles

No abstract provided.


Gender Is For Nouns, Richard A. Epstein Jan 1992

Gender Is For Nouns, Richard A. Epstein

Articles

No abstract provided.


The Death Of The Employer: Image, Text, And Title Vii, D. Marvin Jones Jan 1992

The Death Of The Employer: Image, Text, And Title Vii, D. Marvin Jones

Articles

No abstract provided.


Infinite Strands, Infinitesimally Thin: Storytelling, Bayesianism, Hearsay And Other Evidence, Richard D. Friedman Jan 1992

Infinite Strands, Infinitesimally Thin: Storytelling, Bayesianism, Hearsay And Other Evidence, Richard D. Friedman

Articles

David Schum has long been one of our keenest commentators on questions of inference and proof. He has been particularly interested in, and illuminating on, the subject of "cascaded," or multi-step, inference.' This is a subject of importance to lawyers, because most evidence at trial can be analyzed in terms of cascaded inference. Usually, the proposition that the fact finder2 might immediately infer from the evidence is not itself an element of a crime, claim, or defense. Most often, an extra inference would be required to jump from that proposition to a proposition that the law deems material. Thus, inference …


'Coming To Our Senses': Communication And Legal Expression In Performance Cultures, Bernard J. Hibbitts Jan 1992

'Coming To Our Senses': Communication And Legal Expression In Performance Cultures, Bernard J. Hibbitts

Articles

This article examines how semi-literate or largely non-literate cultures having little or no experience with writing ("performance cultures") communicate and express law and legal meaning through the orchestrated use of the physical senses. It first examines how each of the senses - hearing (sound), sight, touch, smell and taste - is brought to bear in the cultural and legal experience of performance-based societies. It then considers how and why members of performance cultures "perform", i.e. use and combine various sensory media in single messages, and describes how and why they use the same strategy in creating law and legal expression. …