Law Commons^™

On The Nature Of Norms: Biology, Morality, And The Disruption Of Order, Owen D. Jones

Michigan Law Review

For a long time - and through the now-quaint division of disciplines - morals and norms have been set apart from other behaviorbiasing phenomena. They have also been set apart from each other. Morals are generally ceded in full to philosophers. Norms have been ceded to sociologists. In retrospect, it is not clear why this should be so. Reality is notoriously impervious to taxonomy, and the axis supposedly distinguishing morals from other norms is, after all, arbitrary. Moreover, behavior-biasing phenomena interact in important ways, making the study of parts - without more - just the study of parts. But one …

The Tyranny Of Money, Edward J. Mccaffery

Michigan Law Review

The more things change, the more they stay the same. A human activity almost as venerable as the accumulation and opulent display of vast riches is the condemnation of the accumulation and opulent display of vast riches. People have been busily engaged at each for several millennia now. Both continue in full flower as America races into the twenty-first century with its liberal capitalist democracy ascendant around the world, its rich richer than ever, its less-rich curiously lagging behind. Yet figuring out what, exactly, is wrong with the excessive accumulation and opulent display of wealth, on the one hand, and …

Gender And Privacy In Cyberspace, Anita L. Allen

All Faculty Scholarship

No abstract provided.

The Paradox Of Silence: Some Questions About Silence As Resistance, Dorothy E. Roberts

University of Michigan Journal of Law Reform

In Part I, I note the difficulty in distinguishing between silencing and silence as resistance. This difficulty has often led people in power to misinterpret the silence of people of color. Part II further explores the complications of incorporating the study of silence into resistance scholarship. I illustrate this complexity by discussing the silencing of welfare mothers and the use of language by women of color to challenge dominant medical discourse. Part III considers Professor Montoya's proposal to use silence as a pedagogical tool. Continuing my examination of silence as both liberating and accommodating, I distinguish between silence in the …

Expanding Directions, Exploding Parameters: Culture And Nation In Latcrit Coalitional Imagination, Elizabeth M. Iglesias, Francisco Valdes

University of Michigan Journal of Law Reform

The articles and commentaries in this Symposium are excellent points of departure for reflecting upon the advances thus far achieved in the evolution of this still very young community of scholars. The articles and commentaries that follow this brief Introduction comprise the second "free-standing" law review Symposium on LatCrit theory organized specifically in response to student interests and initiatives. The timing is fitting, for this Symposium also coincides with the fifth anniversary of LatCrit theory's emergence in the American legal academy. Since then, five annual conferences and four additional colloquia have produced, in total, nine published symposia in both mainstream …

Legal Language In The Age Of Globalization: Prospects And Dilemmas, Patricia Fernández-Kelly

University of Michigan Journal of Law Reform

To appreciate the significance of the preceding articles, it is necessary to consider their implications in a broad context. As territorial borders become more and more permeable to the movements of capital, and as advanced technology joins even the most remote geographical areas, people throughout the world face new provocations and opportunities. Fears of cultural obliteration are being met with revitalized expressions of resistance. In the new global landscape, language plays a paramount role. The putative universality of English, for example, parallels the multiplication of vernacular idioms evolving as part of attempts to preserve cultural integrity. Yet, the counterpoint between …

A Bold Step: What Florida Should Do Concerning The Health Of Its Rural Communities, Licensure, And Telemedicine, Talley L. Kaleko

Florida State University Law Review

No abstract provided.

Battered-Child Syndrome: Is It A Paradigm For A Child Of Embattled Divorce?, H. Patrick Stern M.D., Michael W. Mellon Ph.D., Beth O. Butler L.C.S.W., Suzanne E. Stroh R.N.P., Nicholas Long Ph.D., Jerry G. Jones M.D.

University of Arkansas at Little Rock Law Review

No abstract provided.

The Challenge To Rural States Of Procedural Reform In High Conflict Custody Cases, Elizabeth Barker Brandt J.D.

University of Arkansas at Little Rock Law Review

No abstract provided.

Building Multidisciplinary Professional Partnerships With The Court Of Behalf Of High-Conflict Divorcing Families And Their Children: Who Needs What Kind Of Help, Janet R. Johnston Ph.D.

University of Arkansas at Little Rock Law Review

No abstract provided.

The Comprehensive Child Custody Evaluation—Ten Years Later, Robert L. Halon Ph.D.

University of Arkansas at Little Rock Law Review

No abstract provided.

Prevention Strategies To Protect Professionals And Families Involved In High-Conflict Divorce, Thomas E. Schact Psy.D.

University of Arkansas at Little Rock Law Review

No abstract provided.

Fear Of Law: Thoughts On Fear Of Judging And The State Of The Federal Sentencing Guidelines (Sentencing Symposium), Frank O. Bowman Iii

Faculty Publications

To understand Fear of Judging and the debate over the Federal Sentencing Guidelines requires some familiarity with the sentencing reform movement that led to the adoption of the Federal Sentencing Guidelines in 1987, as well as at least a rudimentary grasp of the structure of the Guidelines themselves. For those readers who require an introduction to both subjects, the next section of this Article attempts to provide one. Those already familiar with the Guidelines and their history can skip to Section III, where the discussion of Fear of Judging begins in earnest.

Culture, Nationhood, And The Human Rights Ideal, Berta Esperanza Hernández-Truyol, Sharon Elizabeth Rush

University of Michigan Journal of Law Reform

This Symposium on nation and culture illustrates these LatCrit goals and advances them. The two main works and the commentaries on them are rich explorations and representations of the voices and concerns of LatCrit theory. This Foreword engages all the works by focusing on the concept of voice and silence. Part I locates the works in the axis of silence and power. Part II explores how critical theory and international human rights norms can be used to develop a progressive methodology to analyze and detect the exclusion or silencing of myriad voices. This Part develops a LatCritical Human Rights paradigm …

The Guardian Ad Litem In Custody And Conflict Cases: Investigator, Champion, And Referee, Dana E. Prescott J.D.

University of Arkansas at Little Rock Law Review

No abstract provided.

Qualifications Of The Techniques To Be Used By Judges, Attorneys, And Mental Health Professionals Who Deal The Children In High Conflict Divorce Cases, Barry Bricklin Ph.D., Gail Elliott Ph.D.

University of Arkansas at Little Rock Law Review

No abstract provided.

Professionals' Perceptions Of Divorce Involving Children, H. Patrick Stern M.D., Pippa Simpson Ph.D., Trevor Gage M.D., Kim Worley M.D.

University of Arkansas at Little Rock Law Review

No abstract provided.

Family Law—Petitions To Change A Minor Child's Surname: Arkansas Supreme Court Adopts "Clearly Erroneous" Standard Of Review And Establishes Six-Factor Test. Huffman V. Fisher, 337 Ark. 58, 987 S.W.2d 269 (1999)., Luke Zakrzewski

University of Arkansas at Little Rock Law Review

No abstract provided.

Contentious Divorce: The Rocky Path To The Child's Best Interests, Michael S. Jellinek M.D., Kate Erwin M.D., Alexa Bagnell M.D.

University of Arkansas at Little Rock Law Review

No abstract provided.

In The Best Interest Of The Child: A Commentary, Lawrence H. Diller M.D.

University of Arkansas at Little Rock Law Review

No abstract provided.

Child Maltreatment And Endangerment In The Context Of Divorce, Kathleen Coulborn Faller Ph.D.

University of Arkansas at Little Rock Law Review

No abstract provided.

The Evolving Judicial Role In Child Custody Disputes: From Fault Finder To Conflict Manager To Differential Case Management, Andrew Schepard J.D.

University of Arkansas at Little Rock Law Review

No abstract provided.

Promoting The Best Interests Of Children Whose Parents Are Divorcing: The Next Steps For Arkansas, Kenneth S. Gallant J.D.

University of Arkansas at Little Rock Law Review

No abstract provided.

Heuristics And Biases In The Court: Ignorance Or Adaptation?, Jeffrey J. Rachlinski

Cornell Law Faculty Publications

The "Darden Dilemma": Should African Americans Prosecute Crimes?, Kenneth B. Nunn

UF Law Faculty Publications

Christopher Darden (prosecutor in the O.J. Simpson trial) has come to epitomize the burdens that African American prosecutors face as they perform their professional tasks. Moreover, the "Darden Dilemma" has become a generic term for the anguish that these prosecutors endure as they negotiate between competing allegiances to the African American community and the State. Much has been written about the sense of isolation that African American prosecutors feel when confronting the conflict between their roles as prosecutors and their obligations to the African American community. This article argues that African Americans should not prosecute crimes in the current criminal …

Article Reviewed: "Kündigungsschutz In Deutschland Und Den Usa", Thomas Kohler

Thomas C. Kohler

No abstract provided.

Kündigungsschutz In Deutschland Und Den Usa, Thomas Kohler, Michael Kittner

Thomas C. Kohler

No abstract provided.

Racial Diversity On The Bench: Beyond Role Models And Public Confidence, Sherrilyn A. Ifill

Washington and Lee Law Review

No abstract provided.

Hacia Una Argentina Digital, Horacio M. Lynch, Mauricio Devoto

Horacio M. LYNCH

"... En opinión de muchos especialistas respetados en el mundo, la Argentina no tiene futuro si no exporta. Pero exportar en este nuevo siglo no es lo mismo que hacerlo hacia el 1900: los precios de los productos primarios argentinos cayeron ocho veces en el siglo, lo que nos bajó del quinto puesto en el ránking de países al lugar número 50...".

Disneyworld Is Not Enough, Kenneth Anderson

Book Reviews

Review of The Mouse That Roared: Disney and the end of innocence, by Henry A. Giroux. Rowman and Littlefield, 12 Hid's Copse Road, Cumnor Hill, OxfordThis essay reviews a book of cultural criticism directed against what the author, Henry Giroux, regards as the corporate manipulation of culture, particularly the culture of children, by corporate interests, particularly the Disney company. The review argues that, contrary to Giroux's argument, Disney and such corporations relentlessly press the message of American left-liberal politically correct piety.