Digital Commons Network^™

Double Binds Facing Mothers In Abusive Families: Social Support Systems, Custody Outcomes, And Liability For Acts Of Others, Mary E. Becker

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No abstract provided.

The Regulation Of Social Meaning, Lawrence Lessig

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The Future Of The Student-Edited Law Review, Richard A. Posner

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Theodore I. Koskoff Lecture Series: Social Norms And Big Government, The Lecture, Cass R. Sunstein

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What The Civil Rights Movement Was And Wasn't, Cass R. Sunstein

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In this David C. Baum Memorial Lecture on Civil Liberties and Civil Rights, Professor Sunstein begins by noting that participants in the civil rights movement were often backward looking and even conservative, invoking commitments from the nation's past and arguing against reliance on the judiciary and the Supreme Court. They stressed above all two time-honored liberal principles: freedom from desperate conditions and opposition to caste. It is wrong to say (as many now do) that the movement was founded on a principle of race neutrality, and also wrong to say (as some now do) that the movement was opposed to …

On The Expressive Function Of Law, Cass R. Sunstein

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No abstract provided.

Disaggregating Gender From Sex And Sexual Orientation: The Effeminate Man In The Law And Feminist Jurisprudence, Mary Anne Case

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Two Challenges For Feminist Thought, Richard A. Epstein

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Surrogacy: The Case For Full Contractual Enforcement, Richard A. Epstein

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Cooperation And Conflict: The Economics Of Group Status Production And Race Discrimination, Richard H. Mcadams

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No abstract provided.

Confirmation Messes, Old And New (Reviewing Stephen L. Carter, The Confirmation Mess (1994)), Elena Kagan

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Judicial Ethics Simulation Based Training, Stephen M. Simon, Maury S. Landsman

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The Judicial Ethics Education Project trains trial judges to be aware of ethical issues that arise in the trial process. The project employs case simulations that raise ethical and management issues requiring immediate attention during the course of a trial. The goal of the project is to provide sitting judges with a basis on which to make similar decisions during trials. The project grew out of and is incorporated into the Minnesota Judicial Trial Skills Training Program ("MJTSTP") at the University of Minnesota, which was created in 1986 by Professor Steve Simon and Judge Bertrand Portisky and is mandatory for …

Putting Women First, Mary I. Coombs

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Breaking The Cycle Of Despair: Street Children In Guatemala City, Tamara Rice Lave

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Denaturalizing The Lawyer-Statesman (Book Review), Anthony V. Alfieri

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A Child's Right To Protection From Transfer Trauma In A Contested Adoption Case, Suellyn Scarnecchia

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On August 2, 1993, I arrived at the home of Jan, Robby, and Jessica DeBoer' a few hours before the transfer. At 2:00 P.M. I would carry Jessica out of her home and deliver her to the parents who had won the case,2 her biological mother and father. This task probably would have been easier had I not spent eight days in the trial court listening to the experts explain that this transfer from one set of parents to another would harm Jessica.3 It would have been easier had I not recently obtained affidavits from other experts to persuade the …

Taxation Of Damages After Schleier - Where Are We And Where Do We Go From Here?, Douglas A. Kahn

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This article will examine the reasoning of the Schleier decision and speculate as to how taxation of pre-1996 damages will likely apply in light of Schleier. First, the article will set forth a very brief history of the judicial and administrative constructions of the statutory exclusion, and explore tax policy justifications for providing an exclusion from gross income for certain damages. These latter two items (set forth in Parts II and III of this article) are areas that have been extensively addressed previously by several commentators, including the author of this article.' The reason for exploring tax policy issues is …

Are Twelve Heads Better Than One?, Phoebe C. Ellsworth

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The jury's competence, unlike that of the judge, rests partly on its ability to reflect the perspectives, experiences, and values of the ordinary people in the community - not just the most common or typical community perspective, but the whole range of viewpoints.

Upward Contempt, William I. Miller

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Contempt and shame go hand in hand. Actions that should shame us, styles of self-presentation that should humiliate us if we are socially competent enough to have such a purchase on ourselves, are those actions and styles that generate and justify the contempt of others for us. Or, changing the causal order: one's contempt of us will generate shame or humiliation in us if we concur with the judgment of our contemptibility, that is, if the contempt is justified, or indignation and even vengeful fury if it is unjustified. Contempt is thus a mechanism of ranking people or of contesting …

Judging Girls: Decision Making In Parental Consent To Abortion Cases, Suellyn Scarnecchia, Julie Kunce Field

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Judges make determinations on a daily basis that profoundly affect people's lives. On March 28, 1991, the Michigan legislature enacted a statute entitled The Parental Rights Restoration Act (hereinafter "the Michigan Act" or "the Act"). This statute delegated to probate court judges the extraordinary task of deciding whether a minor girl may have an abortion without the consent of a parent. Nothing in law school and little in an average judge's experience provide a meaningful framework for making such a decision. Although many commentators, including the authors, argue that decisions about abortion should be left to the woman regardless of …

Imagining Children's Rights, Suellyn Scarnecchia

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Today, I will tell you some stories about real, live children, whose futures have been determined by our legal system. To speak of children's rights hypothetically, raises images of children suing to go live with their rich uncle or suing to demand a Nintendo system from their parents. I hope that by bringing you stories of the legal system's treatment of real children, you will have a better understanding of what I mean by children's rights and why they must be recognized. Although children's rights have been recognized in limited ways in the areas of free speech, criminal law and …

Asymmetrical Peremptories Defended: A Reply, Richard D. Friedman

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Three years ago, with the publication of his article ''An Asymmetrical Approach to the Problem of Peremptories" in this journal, Professor Friedman initiated a debate on the subject that was taken up in 1994 by three prosecutors who offered a rebuttal that was also printed in these pages. Professor Friedman continues the debate.

Fathers, The Welfare System, And The Virtues And Perils Of Child-Support Enforcement, David L. Chambers

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For half a century, Aid to Families with Dependent Children ("AFDC")' -the program of federally supported cash assistance to low-income families with children-has been oddly conceived. Congress has chosen to make assistance available almost solely to low-income single-parent families, not all low-income parents with children. At first many of the eligible single parents were women whose husbands had died. Over time, a growing majority were women who had been married to their children's father but who had separated or divorced. Today, to an ever increasing extent, they are women who were never married to the fathers of their children.2

Civilizing The Savages: A Comparison Of Assimilation Laws And Policies In The United States And Australia, Craig J. Trocino

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Defending Racial Violence, Anthony V. Alfieri

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Resolution Of Traffic Accident Disputes And Judicial Activism In Japan, Daniel H. Foote

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The topic of resolution of traffic accident cases in Japan has already seen two works in English: a 1989 article by J. Mark Ramseyer and Minoru Nakazato in the Journal of Legal Studies and a 1990 article by Takao Tanase in the Law and Society Review. Why yet another article?

First, despite the fine treatment of a wide range of issues in those articles, neither of those works gave much attention to what I regard as one of the most interesting and important aspects of the Japanese treatment of automobile accident cases: namely, the role of the judiciary and the …

Segregation, Whiteness, And Transformation, Martha R. Mahoney

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Colonial Scholar: Do Outsider Authors Replicate The Citation Practices Of The Insiders, But In Reverse, The Symposium On Trends In Legal Citations And Scholarship, Richard Delgado

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Law Review Symposium: A Hard Party To Crash For Crits, Feminists, And Other Outsiders Symposium On Trends In Legal Citations And Scholarship, Jean Stefancic

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The Honest Scientist's Guide To Dna Evidence, Richard O. Lempert

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The honest scientist recognizes that she herself is a test instrument, and a fallible one at that. Subjectivity inescapably enters into any human endeavor, and should not be denied. DNA testing is rife with subjective elements, no place more so than at the crucial stage of deciding whether a match exists. On the one hand, non-matching extraneous bands may sometimes be properly disregarded and patterns that do not quite meet objective matching criteria may be appropriately regarded as incriminatory matches. On the other hand, band patterns that do meet objective matching criteria may be treated as exonerative depending on how …