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Articles 1 - 30 of 137
Full-Text Articles in Law
Telling Tales In Court: Trial Procedure And The Story Model, Richard O. Lempert
Telling Tales In Court: Trial Procedure And The Story Model, Richard O. Lempert
Articles
There are three ways in which stories may figure prominently at trials. First, litigants may tell stories to jurors. Not only is there some social science evidence that this happens, but trial lawyers have an instinctive sense that this is what they do. Ask a litigator to describe a current case and she is likely to reply, "Our story is ... " Second, jurors may try to make sense of the evidence they receive by fitting it to some story pattern. If so, the process is likely to feed back on itself. That is, jurors are likely to build a …
Some Caveats Concerning Dna As Criminal Identification Evidence: With Thanks To The Reverend Bayes, Richard O. Lempert
Some Caveats Concerning Dna As Criminal Identification Evidence: With Thanks To The Reverend Bayes, Richard O. Lempert
Articles
The conference panel at which this paper was originally presented was structured along the lines of a debate. The three speakers who were supposed to advocate the use of DNA evidence were labeled, as is customary, Proponents. But those who were supposed to take the negative side were not called Opponents. Rather they were labeled Caveators. I do not know who is responsible for this label, but I think it gets things exactly right. To my mind anyone considering DNA as criminal identification evidence should be a Caveator. The promise and utility of DNA analysis in identifying the perpetrators of …
Law And Society In A New South Community: Durham County, North Carolina, 1898-1899, James L. Hunt
Law And Society In A New South Community: Durham County, North Carolina, 1898-1899, James L. Hunt
Articles
No abstract provided.
Qualified Plans And Identifying Tax Expenditures: A Rejoinder To Professor Stein, Edward A. Zelinsky
Qualified Plans And Identifying Tax Expenditures: A Rejoinder To Professor Stein, Edward A. Zelinsky
Articles
No abstract provided.
The Fourth Amendment And Its Exclusionary Rule, Yale Kamisar
The Fourth Amendment And Its Exclusionary Rule, Yale Kamisar
Articles
"The history of liberty," Justice Felix Frankfurter once noted, "has largely been the history of observance of procedural safeguards" and "the history of the destruction of liberty," Professor Anthony Amsterdam has added, "has largely been the history of the relaxation of those safeguards in the face of plausible sounding governmental claims of a need to deal with widely frightening and emotion freighted threats to the good order of society." These plausible-sounding government claims are being heard today -and they are putting enormous pressure on the Fourth Amendment, the constitutional provision that protects "the right of the people to be secure …
Copyright As Myth, Jessica D. Litman
Copyright As Myth, Jessica D. Litman
Articles
It has become fashionable to seek to formulate, or reformulate, copyright law as an expression of overarching grand theory. Perhaps the most prominent manifestation of this trend has been the recasting of copyright law in the mold of economic incentives; a more recent upstart competitor seeks to reclaim the debate by invoking the philosophical precepts of Hohfeld, Hegel and Locke. Occasionally, the literature gives us polite debates about which of the competing theoretical models is more misguided. Meanwhile, another voice in the copyright literature has been complaining that the law is remarkably unaccommodating of the actual process of creating works …
Fragile Gains: Two Centuries Of Canadian And United States Policy Toward Indians, Ralph W. Johnson
Fragile Gains: Two Centuries Of Canadian And United States Policy Toward Indians, Ralph W. Johnson
Articles
The United States and Canada share a common history in their policies toward and legal treatment of the Native Americans that historically have occupied both countries. The Royal Proclamation of 1763 established a policy of recognizing Aboriginal title and treating with Indians that was binding on the colonies that preceded both countries, and influenced both governments in later dealings with tribes. Assimilationist themes are evident as well in the national policy toward Indians in both countries. Nevertheless, historically and in the present, national policies and laws of the two governments can be contrasted. This Article sets forth a detailed comparison …
Textualism And Taboo: Interpretation And Deference For Justice Scalia, Michael Herz
Textualism And Taboo: Interpretation And Deference For Justice Scalia, Michael Herz
Articles
No abstract provided.
Environmental Auditing And Environmental Management: The Implicit And Explicit Federal Regulatory Mandate, Michael Herz
Environmental Auditing And Environmental Management: The Implicit And Explicit Federal Regulatory Mandate, Michael Herz
Articles
No abstract provided.
Oil And The Public Trust Doctrine In Washington, Ralph W. Johnson
Oil And The Public Trust Doctrine In Washington, Ralph W. Johnson
Articles
The tragic spill of millions of gallons of oil into Alaska's Prince William Sound alerted the people of Washington to the danger of spills in Puget Sound. In Washington, the danger heightens as the amount of oil transported through the Sound increases. Indeed, Coast Guard figures show about 1,500 tanker movements in Puget Sound in 1988, a 50 percent increase over 1974.2 Moreover, the spill from the Exxon Valdez taught us that, because very little can be done after a spill, the only truly effective means of preventing damage from oil spills is to prevent them in the first place. …
The Single Owner Revisited: A Brief Reply To Professor Lewin, Richard A. Epstein
The Single Owner Revisited: A Brief Reply To Professor Lewin, Richard A. Epstein
Articles
No abstract provided.
An Economic Analysis Of Mortgagor Protection Laws, Michael H. Schill
An Economic Analysis Of Mortgagor Protection Laws, Michael H. Schill
Articles
No abstract provided.
Current Challenges To Free Expression: A New Age Of Repression, Geoffrey R. Stone
Current Challenges To Free Expression: A New Age Of Repression, Geoffrey R. Stone
Articles
No abstract provided.
Tuskegee Modern, Or Group Rights Under The Constitution, Richard A. Epstein
Tuskegee Modern, Or Group Rights Under The Constitution, Richard A. Epstein
Articles
No abstract provided.
Bfoq Revisited: Johnson Controls Halts The Expansion Of The Defense To Intentional Sex Discrimination, Stephen F. Befort
Bfoq Revisited: Johnson Controls Halts The Expansion Of The Defense To Intentional Sex Discrimination, Stephen F. Befort
Articles
The bona fide occupational qualification (BFOQ) is a statutory defense to intentional discrimination under Title VII. 1 The BFOQ defense permits an employer to adopt an otherwise facially discriminatory employment practice if "reasonably necessary to the normal operation of that particular business. . . ." 2 Both the courts and the Equal Employment Opportunity Commission (EEOC) have traditionally interpreted this defense very narrowly. A gender-based employment classification, for example, qualifies as a BFOQ only if the failure to adopt a single-sex policy undermines the employer's ability to accomplish its essential business mission. 3
Justice Brennan And The Freedom Of Speech: A First Amendment Odyssey, Geoffrey R. Stone
Justice Brennan And The Freedom Of Speech: A First Amendment Odyssey, Geoffrey R. Stone
Articles
No abstract provided.
The Law And Economics Of Racial Discrimination In Employment: The Case For Numerical Standards, David A. Strauss
The Law And Economics Of Racial Discrimination In Employment: The Case For Numerical Standards, David A. Strauss
Articles
No abstract provided.
Constitutionalism And Secession, Cass R. Sunstein
Civil Rights And Remedies, Frank H. Easterbrook
Democratizing America Through Law, Cass R. Sunstein
How Not To Promote Serious Deliberation About Abortion, Michael W. Mcconnell
How Not To Promote Serious Deliberation About Abortion, Michael W. Mcconnell
Articles
No abstract provided.
Black, Brown, Poor & Poisoned: Minority Grassroots Environmentalism And The Quest For Eco-Justice, Michael H. Schill, Regina Austin
Black, Brown, Poor & Poisoned: Minority Grassroots Environmentalism And The Quest For Eco-Justice, Michael H. Schill, Regina Austin
Articles
No abstract provided.
Should The Law Prohibit 'Manipulation' In Financial Markets?, Daniel R. Fischel, David J. Ross
Should The Law Prohibit 'Manipulation' In Financial Markets?, Daniel R. Fischel, David J. Ross
Articles
No abstract provided.
Ancient Law And The Punishment Of Corporations: Of Frankpledge And Deodand, Albert W. Alschuler
Ancient Law And The Punishment Of Corporations: Of Frankpledge And Deodand, Albert W. Alschuler
Articles
No abstract provided.
Remarks On Law And Literature, Richard A. Posner
The Strangest Attack Yet On Law And Economics, Richard A. Posner
The Strangest Attack Yet On Law And Economics, Richard A. Posner
Articles
Judge Posner responds in this Article to Professor Jaffee. He first addresses Professor Jaffee's attempt to refute Law and Economics within its own terms by reference to the concept of efficient breach of contract. Judge Posner argues that even if some of Professor Jaffee's criticisms are true-which he doubts-the "efficient breach" concept and the damages remedies that it implies still provide the preferred approach to breach of contract problems. He points out that specific performance-Professor Jaffee's preferred remedy for breach-raises problems of its own, including bilateral monopoly and a need for continued judicial supervision of contracts. Regarding the alternative vision …
Democracy And Distrust Revisited, Richard A. Posner
Deconcentrating The Inner City Poor, Michael H. Schill
A Clash Of Two Cultures: Will The Tort System Survive Automobile Insurance Reform?, Richard A. Epstein
A Clash Of Two Cultures: Will The Tort System Survive Automobile Insurance Reform?, Richard A. Epstein
Articles
No abstract provided.
Taxes, Agency Costs, And The Price Of Incorporation, Saul Levmore, Hideki Kanda
Taxes, Agency Costs, And The Price Of Incorporation, Saul Levmore, Hideki Kanda
Articles
No abstract provided.