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Fidelity In Translation, Lawrence Lessig May 1993

Fidelity In Translation, Lawrence Lessig

Articles

Readings of the Constitution have changed. Sometimes they have changed because the constitutional text has changed. But more often they have changed while the text has remained the same. Can it be that these changed readings-changes that track no change in constitutional text-can nonetheless be readings of fidelity, faithful to the Constitution's original meaning? On some readings of originalism, the answer must be no. But this essay argues that any complete account of interpretive fidelity must allow--indeed require--changes in constitutional readings even when there has been no change in the constitutional text. If meaning is a function of both text …


God Is Dead And We Have Killed Him: Freedom Of Religion In The Post-Modern Age, Michael W. Mcconnell Jan 1993

God Is Dead And We Have Killed Him: Freedom Of Religion In The Post-Modern Age, Michael W. Mcconnell

Articles

No abstract provided.


Criminalizing The American Juvenile Court, Barry C. Feld Jan 1993

Criminalizing The American Juvenile Court, Barry C. Feld

Articles

Progressive reformers envisioned a therapeutic juvenile court that made individualized treatment decisions in the child's "best interests." The Supreme Court's Gault decision provided the impetus for transforming the juvenile court from an informal welfare agency into a scaled-down criminal court. Since Gault, the juvenile court procedures increasingly resemble those of adult courts, although in some respects, such as assistance of counsel, juveniles receive less adequate protections. Judicial and legislative changes have altered the juvenile court's jurisdiction over noncriminal status offenders and serious young offenders-as the former are diverted from the system, the latter are transferred to adult criminal courts. Juvenile …


Social Norms And Default Rules Analysis, Lisa Bernstein Jan 1993

Social Norms And Default Rules Analysis, Lisa Bernstein

Articles

No abstract provided.


Determinacy, Objectivity, And Authority, Brian Leiter, Jules L. Coleman Jan 1993

Determinacy, Objectivity, And Authority, Brian Leiter, Jules L. Coleman

Articles

No abstract provided.


Objectivity And The Problems Of Jurisprudence (Reviewing Kent Greenawalt, Law And Objectivity (1992)), Brian Leiter Jan 1993

Objectivity And The Problems Of Jurisprudence (Reviewing Kent Greenawalt, Law And Objectivity (1992)), Brian Leiter

Articles

No abstract provided.


Lucas V. South Carolina Coastal Council: A Tangled Web Of Expectations, Richard A. Epstein Jan 1993

Lucas V. South Carolina Coastal Council: A Tangled Web Of Expectations, Richard A. Epstein

Articles

No abstract provided.


Telling The Victim's Story, Mary I. Coombs Jan 1993

Telling The Victim's Story, Mary I. Coombs

Articles

No abstract provided.


The Hard Case Of Broadcast Indecency, Lili Levi Jan 1993

The Hard Case Of Broadcast Indecency, Lili Levi

Articles

No abstract provided.


Harry Edward's Nostalgia, Paul D. Reingold Jan 1993

Harry Edward's Nostalgia, Paul D. Reingold

Articles

Until fairly recently, the work of people who thought and wrote about the law in its broadest cultural sense, and the work of those who thought and wrote about the law as it was practiced, did not intersect very much. The broad cultural issues tended to be the province of philosophers or political theorists or other academic social critics, while traditional legal scholarship - as it appeared in law school journals - remained firmly rooted in lawyers' questions. This is not to suggest that legal academics wrote nothing but practice manuals, but it is true that until the last twenty …


Comments On Mary Becker Ira C. Rothgerber Jr. Conference On Constitutional Law - Freedom Of Speech In A World Of Private Power, Richard Delgado Jan 1993

Comments On Mary Becker Ira C. Rothgerber Jr. Conference On Constitutional Law - Freedom Of Speech In A World Of Private Power, Richard Delgado

Articles

No abstract provided.


Confronting The Ethical Case Against The Ethical Case For Constituency Rights, William Wilson Bratton Jan 1993

Confronting The Ethical Case Against The Ethical Case For Constituency Rights, William Wilson Bratton

Articles

No abstract provided.


Darkness Made Visible: Law, Metaphor, And The Racial Self, D. Marvin Jones Jan 1993

Darkness Made Visible: Law, Metaphor, And The Racial Self, D. Marvin Jones

Articles

No abstract provided.


Foreword: Rethinking The Colorblindness Model Lead Article, Bryan K. Fair Jan 1993

Foreword: Rethinking The Colorblindness Model Lead Article, Bryan K. Fair

Articles

No abstract provided.


Three Lessons From Law And Literature, Richard H. Weisberg Jan 1993

Three Lessons From Law And Literature, Richard H. Weisberg

Articles

No abstract provided.


State Responses To Task Force Reports On Race And Ethnic Bias In The Courts, Suellyn Scarnecchia Jan 1993

State Responses To Task Force Reports On Race And Ethnic Bias In The Courts, Suellyn Scarnecchia

Articles

While several states have embarked on studies of race and ethnic bias in their courts, Minnesota is only the sixth to publish its report to date. As Minnesota joins the ranks of states with published reports, it is worthwhile to assess the impact of the five earlier published reports from other states. Final reports have been published in Michigan (1989), Washington (1990), New York (1991), Florida (1991) and New Jersey (1992). The published reports make findings and provide several specific recommendations for change. This article will review the published findings and recommendations of the task forces and will discuss the …