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Articles 91 - 120 of 150
Full-Text Articles in Law
The Dilemma Of Old, Urban Neighborhoods, W Dennis Keating
The Dilemma Of Old, Urban Neighborhoods, W Dennis Keating
Law Faculty Articles and Essays
In his recounting of the suburban migration from America's cities, journalist and broadcaster Ray Suarez laments the loss of the "old neighborhood". He extols its virtues while explaining its decline. Suarez's nostalgic examples recall the virtues of the extended family kinship, neighborliness, and other features of the "urban village." These are often associated with those urban neighborhoods populated by recent immigratns. These urban villages were thought to have peaked in the decades between the American Civil War and the onset of the First World War, when many U.S. cities industrialized and grew very rapidly. However, a continuing movement of migrants …
Why Does The Criminal Law Care What The Layperson Thinks Is Just? Coercive Versus Normative Crime Control, Paul H. Robinson
Why Does The Criminal Law Care What The Layperson Thinks Is Just? Coercive Versus Normative Crime Control, Paul H. Robinson
All Faculty Scholarship
THE criminal law codification movement of the 1960s and 70s was guided by instrumentalist principles designed to reduce crime, rather than by retributivist notions of giving offenders deserved punishment. The Model Penal Code, which served as a model for nearly all of the period's code reforms, was explicit on the point: The Code's "dominant theme is the prevention of offenses" and its "major goal is to forbid and prevent conduct that threatens substantial harm." Yet, as Part I of this Article will show, even from such a staunchly instrumentalist code came a criminal law that defers to laypersons' shared intuitions …
Memorial: Margaret Althea Goldblatt (1948-2000), Margaret A. Leary
Memorial: Margaret Althea Goldblatt (1948-2000), Margaret A. Leary
Articles
Margaret Goldblatt, who died on June 15, 2000, in Cape Town, South Africa, after a year-long battle with cancer, was a rare combination of librarian and entrepreneur. She had both a sense of humor and a sense of professionalism that endeared her to those who knew her. Many of her colleagues knew her only through telephone and e-mail communications, for she worked the last several years from the office of Ward and Associates, located in the home she shared with her husband Peter Ward and her two children, Clea Goldblatt, age 21, and Zachary Ward, age 11.
Apres Apprendi, Nancy J. King, Susan R. Klein
Apres Apprendi, Nancy J. King, Susan R. Klein
Vanderbilt Law School Faculty Publications
The Court in Apprendi v. New Jersey, ___ U.S. ___ (2000), held as a matter of due process that any fact, other than a prior conviction, that increases the penalty for an offense beyond the prescribed statutory maximum must be submitted to a jury and proven beyond a reasonable doubt. In a longer forthcoming article, we attempt to answer some of the profound questions raised by the case concerning constitutional oversight of legislative authority to define what is a "crime," questions that will ripen over the years as legislatures look for ways around the rule and litigants test these legislative …
Cruel, Mean, Or Lavish? Economic Analysis, Price Discrimination And Digital Intellectual Property, James Boyle
Cruel, Mean, Or Lavish? Economic Analysis, Price Discrimination And Digital Intellectual Property, James Boyle
Faculty Scholarship
No abstract provided.
Building Bridges Iv: Of Cultures, Colors, And Clashes--Capturing The International In Delgado's Chronicles, Berta E. Hernández-Truyol
Building Bridges Iv: Of Cultures, Colors, And Clashes--Capturing The International In Delgado's Chronicles, Berta E. Hernández-Truyol
UF Law Faculty Publications
Sex, race, gender, sexuality, color, religion, language, nationality, ethnicity, culture, poverty - socially constructed categories, social tropes that relegate "others" to subordinated positions in the varied and various cultural and economic marketplaces of both global and local societies. Richard Delgado's transformational work engages all of these tropes insightfully, disturbingly, and illuminatingly. His rich literature conceptualizes persons as multidimensional, complex beings and exposes society as the pre-fabricated stage in which diverse interactions evolve. Delgado's epistemological stance is fluid, non-rigid, and grounded on subjectivity.
In this essay I will focus on Delgado's latest book When Equality Ends: Stories About Race and Resistance. …
Corporate Law As A Facilitator Of Self Governance, Edward B. Rock, Michael L. Wachter
Corporate Law As A Facilitator Of Self Governance, Edward B. Rock, Michael L. Wachter
All Faculty Scholarship
No abstract provided.
Book Review Of But For Birmingham: The Local And National Movements In The Civil Rights Struggle, Davison M. Douglas
Book Review Of But For Birmingham: The Local And National Movements In The Civil Rights Struggle, Davison M. Douglas
Faculty Publications
No abstract provided.
Book Review Of Make Haste Slowly: Moderates, Conservatives, And School Desegregation In Houston, Davison M. Douglas
Book Review Of Make Haste Slowly: Moderates, Conservatives, And School Desegregation In Houston, Davison M. Douglas
Faculty Publications
No abstract provided.
The Psychology Of Global Climate Change, Jeffrey J. Rachlinski
The Psychology Of Global Climate Change, Jeffrey J. Rachlinski
Cornell Law Faculty Publications
In its attempt to address the threat of global climate change, society has struggled to reach a consensus regarding the need for preventive measures. Professor Rachlinski describes the threat of global climate change as a unique commons dilemma and explains that various psychological phenomena of judgment render it unlikely that society will be able to respond effectively to the threat. After considering the effects of biased assimilation, loss aversion, and other psychological processes, the author explains that an innovative approach is necessary to properly address the dilemma of global climate change.
Specifically, the author examines the prospect of governmental intervention …
Constitutional Design: An Oxymoron?, Donald L. Horowitz
Constitutional Design: An Oxymoron?, Donald L. Horowitz
Faculty Scholarship
No abstract provided.
The Appointment Of General Yaron: Continuing Impunity For The Sabra And Shatilla Massacres, Linda A. Malone
The Appointment Of General Yaron: Continuing Impunity For The Sabra And Shatilla Massacres, Linda A. Malone
Faculty Publications
No abstract provided.
Courtroom Technology, A Judicial Primer, Fredric I. Lederer
Courtroom Technology, A Judicial Primer, Fredric I. Lederer
Faculty Publications
No abstract provided.
Designing Electronic Casebooks That Talk Back: The Cato Program, Kevin D. Ashley
Designing Electronic Casebooks That Talk Back: The Cato Program, Kevin D. Ashley
Articles
Electronic casebooks offer important benefits of flexibility in control of presentation, connectivity, and interactivity. These additional degrees of freedom, however, also threaten to overwhelm students. If casebook authors and instructors are to achieve their pedagogical goals, they will need new methods for guiding students. This paper presents three such methods developed in an intelligent tutoring environment for engaging students in legal role-playing, making abstract concepts explicit and manipulable, and supporting pedagogical dialogues. This environment is built around a program known as CATO, which employs artificial intelligence techniques to teach first-year law students how to make basic legal arguments with cases. …
The Voice Of Willard Hurst, Alfred S. Konefsky
The Digital Millennium Copyright Act And Library Liability, Fred H. Cate
The Digital Millennium Copyright Act And Library Liability, Fred H. Cate
Articles by Maurer Faculty
No abstract provided.
A Kinder, Gentler System Or Capitulations? International Law, Structural Adjustment Policies, And The Standard Of Liberal, Globalized Civilization, David P. Fidler
A Kinder, Gentler System Or Capitulations? International Law, Structural Adjustment Policies, And The Standard Of Liberal, Globalized Civilization, David P. Fidler
Articles by Maurer Faculty
No abstract provided.
Expressive Theories Of Law: A Skeptical Overview, Matthew D. Adler
Expressive Theories Of Law: A Skeptical Overview, Matthew D. Adler
Faculty Scholarship
An "expressive theory of law" is, very roughly, a theory that evaluates the actions of legal officials in light of what those actions mean, symbolize, or express. Expressive theories have long played a role in legal scholarship and, recently, have become quite prominent. Elizabeth Anderson, Robert Cooter, Dan Kahan, Larry Lessig, and Richard Pildes, among others, have all recently defended expressive theories (or at least theories that might be characterized as expressive). Expressive notions also play a part in judicial doctrine, particularly in the areas of the Establishment Clause and the Equal Protection Clause.
This paper attempts to provide a …
"Bad For Business": Contextual Analysis, Race Discrimination, And Fast Food, Regina Austin
"Bad For Business": Contextual Analysis, Race Discrimination, And Fast Food, Regina Austin
All Faculty Scholarship
No abstract provided.
A Liberal Theory Of Social Welfare: Fairness, Utility, And The Pareto Principle, Howard F. Chang
A Liberal Theory Of Social Welfare: Fairness, Utility, And The Pareto Principle, Howard F. Chang
All Faculty Scholarship
No abstract provided.
When The Rule Swallows The Exception, Claire Oakes Finkelstein
When The Rule Swallows The Exception, Claire Oakes Finkelstein
All Faculty Scholarship
No abstract provided.
Privacy-As-Data Control: Conceptual, Practical, And Moral Limits Of The Paradigm, Anita L. Allen
Privacy-As-Data Control: Conceptual, Practical, And Moral Limits Of The Paradigm, Anita L. Allen
All Faculty Scholarship
No abstract provided.
Incentives To Settle Under Joint And Several Liability: An Empirical Analysis Of Superfund Litigation, Howard F. Chang, Hilary Sigman
Incentives To Settle Under Joint And Several Liability: An Empirical Analysis Of Superfund Litigation, Howard F. Chang, Hilary Sigman
All Faculty Scholarship
Congress may soon restrict joint and several liability for cleanup of contaminated sites under Superfund. We explore whether this change would discourage settlements and is therefore likely to increase the program 's already high litigation costs per site. Recent theoretical research by Kornhauser and Revesz finds that joint and several liability may either encourage or discourage settlement, depending on the correlation of outcomes at trial across defendants. We extend their two-defendant model to a richer framework with N defendants. This extension allows us to test the theoretical model empirically using data on Superfund litigation. We find that joint and several …
Conflicts In Regulating Religious Institutions, Alan C. Weinstein
Conflicts In Regulating Religious Institutions, Alan C. Weinstein
Law Faculty Articles and Essays
Over the past 25 years, religious institutions have greatly increased their claims of violation of religious freedom when they are denied zoning approval or subjected to historic preservation regulations. While no one can definitively explain the causes of this increase in First Amendment challenges, it can partially be traced to recent changes in both our society and the way our political/legal system conceptualizes religious freedom.
The "Race-Neutral" Option For Local Government Contracting Programs, Alan C. Weinstein
The "Race-Neutral" Option For Local Government Contracting Programs, Alan C. Weinstein
Law Faculty Articles and Essays
Despite the dismal record cities have compiled of late in defending their race-conscious contracting programs, this article seeks "to dispel the notion that strict scrutiny is 'strict in theory but fatal in fact.'" If a local government follows the course outlined above, and combines the ability to monitor and analyze all relevant contracting data with the enactment and implementation of a multi-faceted race-neutral program, it has laid a sound foundation for the subsequent enactment of race-conscious remedies that are narrowly-tailored to address statistically valid disparities in utilization of specific categories of MBEs that remain after the race-neutral program has been …
Creating And Solving The Problem Of Drug Use During Pregnancy, Dorothy E. Roberts
Creating And Solving The Problem Of Drug Use During Pregnancy, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
Changing Structure In The Practice Of Law, Geoffrey C. Hazard Jr.
Changing Structure In The Practice Of Law, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
Why The Successful Assassin Is More Wicked Than The Unseccessful One, Leo Katz
Why The Successful Assassin Is More Wicked Than The Unseccessful One, Leo Katz
All Faculty Scholarship
No abstract provided.
Toward A Greener Gatt: Environmental Trade Measures And The Shrimp-Turtle Case, Howard F. Chang
Toward A Greener Gatt: Environmental Trade Measures And The Shrimp-Turtle Case, Howard F. Chang
All Faculty Scholarship
No abstract provided.
Delaware Law As Applied Public Choice Theory: Bill Cary And The Basic Course After Twenty-Five Years, William W. Bratton
Delaware Law As Applied Public Choice Theory: Bill Cary And The Basic Course After Twenty-Five Years, William W. Bratton
All Faculty Scholarship
No abstract provided.