Digital Commons Network^™

Symposium: Legal Reasoning And Artificial Intelligence: How Computers Think Like Lawyers, Cass R. Sunstein, Kevin Ashley, Karl Branting, Howard Margolis

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No abstract provided.

Naturalized Epistemology And The Law Of Evidence, Brian Leiter, Ronald J. Allen

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No abstract provided.

Bush V. Gore: Prolegomenon To An Assessment, Richard A. Posner

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No abstract provided.

Ralph Ellison As Oral Storyteller Ralph Ellison And The Law: Invisible Man And Other Ellison Texts, Steven H. Hobbs

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No abstract provided.

Romantic Common Law, Enlightened Civil Law: Legal Uniformity And The Homogenization Of The European Union, Vivian Grosswald Curran

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The main thrust of this article is to suggest how legal uniformity may result in the European Union despite its Member States' encompassing the two highly distinct legal traditions of the common law and the civil law. My theory is that the defining characteristics of the civil-law legal culture, although in stark and profound contrast with those of the common-law legal system, nevertheless appear prominently and pervasively in the non-legal spheres of common-law nations; and vice versa, such that common-law legal characteristics correspond closely to elements often excluded from civil-law legal cultures, but which are included in the non-legal domains …

Federalism, Preclearance, And The Rehnquist Court, Ellen D. Katz

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Lopez v. Monterey County is an odd decision. Justice O'Connor's majority opinion easily upholds the constitutionality of a broad construction of section 5 of the Voting Rights Act (VRA) in language reminiscent of the Warren Court. Acknowledging the "substantial 'federalism costs" resulting from the VRA's "federal intrusion into sensitive areas of state and local policymaking," Lopez recognizes that the Reconstruction Amendments "contemplate" this encroachment into realms "traditionally reserved to the States." Justice O'Connor affirms as constitutionally permissible the infringement that the section 5 preclearance process "by its nature" effects on state sovereignty, and applies section 5 broadly, holding the statute …

Gender Matters: Teaching A Reasonable Woman Standard In Personal Injury Law, Margo Schlanger

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Reasonable care is, of course, a concept central to any torts class. But what is it? One very standard doctrinal move is to conceptualize reasonable care as that care shown by a "reasonable person" under like circumstances. The next step, logically, is to visualize this reasonable person. Visualization requires some important choices. For example, is the reasonable person old or young? Disabled or not? These are two questions that all the casebooks I have consulted discuss. But, oddly, no casebook of which I am aware deals with the trait that nearly invariably figures in our description of people: sex. If …

Teaching The Law Of Race (Book Review), Anthony V. Alfieri

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No abstract provided.

Interpretive Communities: The Missing Element In Statutory Interpretation, William S. Blatt

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No abstract provided.

Troxel And The Rhetoric Of Associational Respect, David J. Herring

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A recent decision by the United States Supreme Court has brought into sharp focus important questions about the nature and extent of parents' prerogatives to dictate how their children are raised. In the case of Troxel v. Granville, the Court addressed a Washington third-party visitation statute that permitted "any person" to petition for visitation with a child. Under the statute, a petitioner had to allege that visitation would serve the child's best interest. A judge hearing such a petition could order visitation whenever he or she found that such visitation may serve the child's best interest.

The United States …

Competing Frameworks For Assessing Contemporary Holocaust-Era Claims, Vivian Grosswald Curran

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There are many angles from which to perceive the contemporary holocaust-era claims. In 1997, Time magazine quoted Elie Wiesel as saying that, [i]f all the money in all the Swiss banks were turned over, it would not bring back the life of one Jewish child. But the money is a symbol. It is part of the story. If you suppress any part of the story, it comes back later, with force and violence.

Wiesel touches on two perspectives: first, what has been described as litigating the holocaust, with all that that implies about the law's questionable capacity to adjudicate issues …

Expropriatory Intent: Defining The Proper Boundaries Of Substantive Due Process And The Takings Clause, Ronald J. Krotoszynski Jr.

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Expropriatory Intent Defining the Proper Boundaries of Substantive Due Process and the Takings Clause examines and critiques the contemporary Supreme Courts expansive construction of the Takings Clause Although the Supreme Court generally has decried the use of substantive due process to invalidate economic and social legislation many of the recent regulatory takings cases deploy the Takings Clause to second guess the legitimacy or fundamental fairness of such enactments The article argues that when a plaintiff alleges that a federal or state law is fundamentally unjust or arbitrary the federal courts should analyze the merits of the claim under the rubric …

Just So Stories: Posnerian Methodology, Jeanne L. Schroeder

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No abstract provided.

Framing Refugee Protection In The New World Disorder, James C. Hathaway, Colin J. Harvey

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A number of jurisdictions have fastened onto a "solution" that appears to reconcile respect for refugee law with the determination of states to rid themselves quickly of potentially violent asylum seekers. Courts in these states have been persuaded that a person who has committed or facilitated acts of violence may lawfully be denied a refugee status hearing under a clause of the Refugee Convention that authorizes the automatic exclusion of persons whom the government reasonably believes are international or extraditable criminals. Refugee law so interpreted is reconcilable with even fairly blunt measures for the exclusion of violent asylum seekers. In …