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Articles 1651 - 1680 of 2492
Full-Text Articles in Law
On The Theory Class's Theories Of Asbestos Litigation: The Disconnect Between Scholarship And Reality, Lester Brickman
On The Theory Class's Theories Of Asbestos Litigation: The Disconnect Between Scholarship And Reality, Lester Brickman
Faculty Articles
No abstract provided.
Paul, Pomo, And The Legitimacy Of Choice Post 9/11: A Brief Comment On Three Papers, Richard H. Weisberg
Paul, Pomo, And The Legitimacy Of Choice Post 9/11: A Brief Comment On Three Papers, Richard H. Weisberg
Faculty Articles
No abstract provided.
Nietzsche And The Nazis: The Impact Of National Socialism On The Philosophy Of Nietzsche, Charles M. Yablon
Nietzsche And The Nazis: The Impact Of National Socialism On The Philosophy Of Nietzsche, Charles M. Yablon
Faculty Articles
No abstract provided.
A Progressive Consumption Tax For Individuals: An Alternative Hybrid Approach, Mitchell L. Engler
A Progressive Consumption Tax For Individuals: An Alternative Hybrid Approach, Mitchell L. Engler
Faculty Articles
Dissatisfaction with the existing income tax has increased in recent years. Practical problems with the income tax base create numerous loopholes, increasingly exploited by well-advised taxpayers. For the most part, these gaps are attributable to the income tax's "realization" requirement, under which taxpayers report gains and losses as "realized" through market transactions. A consumption tax appeals as a response to these significant current loopholes since "realization" loses its significance under a consumption-based tax. The consumption tax's appeal has been further enhanced by the recent and growing recognition of the narrow difference between income and consumption taxes, assuming away practical problems. …
Rulemaking, Michael Herz
Partnerships And Facilitation: Mediators Develop New Skills For Complex Cases, Lela P. Love
Partnerships And Facilitation: Mediators Develop New Skills For Complex Cases, Lela P. Love
Faculty Articles
No abstract provided.
What Did Punitive Damages Do? Why Misunderstanding The History Of Punitive Damages Matters Today, Anthony J. Sebok
What Did Punitive Damages Do? Why Misunderstanding The History Of Punitive Damages Matters Today, Anthony J. Sebok
Faculty Articles
In 2001 the Supreme Court, in Cooper Industries, Inc. v. Leatherman Tool Group, Inc. suggested that, although modern punitive damages punish, in earlier times they almost exclusively compensated for noneconomic damages that were ignored by a less progressive legal system. This article demonstrates that the historical foundation upon which the Supreme Court bases its argument is groundless. In the Eighteenth and Nineteenth Centuries punitive damages served a number of functions, but none of them were to provide the noneconomic damages identified by the court. Instead, as the article shows, the sort of injuries for which punitive damages were once demanded …
Information Production And Rent-Seeking In Law School Administration: Rules And Discretion, Stewart E. Sterk
Information Production And Rent-Seeking In Law School Administration: Rules And Discretion, Stewart E. Sterk
Faculty Articles
No abstract provided.
The Legal System's Use Of Epidemiology, Arthury H. Bryant, Alexander A. Reinert
The Legal System's Use Of Epidemiology, Arthury H. Bryant, Alexander A. Reinert
Faculty Articles
Both law and science are truth-seeking endeavors. In at least one respect, lawyers and scientists are like Agent Mulder on the X-Files: we believe that the truth is out there and our goal is to find it. This article is devoted to exploring and improving the means by which law relies on scientific disciplines, particularly epidemiology, to ascertain the truth.
Queers Anonymous: Lesbians, Gay Men, Free Speech, And Cyberspace, Edward Stein
Queers Anonymous: Lesbians, Gay Men, Free Speech, And Cyberspace, Edward Stein
Faculty Articles
No abstract provided.
The Admissibility Of Expert Testimony About Cognitive Science Research On Eyewitness Identification, Edward Stein
The Admissibility Of Expert Testimony About Cognitive Science Research On Eyewitness Identification, Edward Stein
Faculty Articles
Eyewitness identifications are important to jurors, especially in criminal trials. Psychological research has shown, however, that eyewitness testimony is systematically fallible in ways that undermine the goals of the rules of evidence. This article assesses the arguments for and against admitting expert testimony concerning cognitive science research about eyewitness identification. The article concludes that experts should in many instances be allowed to testify about the problems with eyewitness identification testimony.
A Theory Of Presumptions, Charles M. Yablon
A Theory Of Presumptions, Charles M. Yablon
Faculty Articles
This paper deals with presumptions that shift the burden of persuasion on some issue in a civil case and attempts to explain why lawyers and judges treat these rules as having great importance. If the persuasion burden applied is 'more probable than not', such rules should affect outcomes only in those rare cases when the evidence is in equipoise. Yet in practice, these rules form an important and vigorously contested part of doctrinal law. The paper attempts to account for the prominence of these rules by considering them from the perspective of behavioral theory, particularly studies of anchoring and adjustment …
Syllabus: Asian Americans And The Law, Robert S. Chang
Syllabus: Asian Americans And The Law, Robert S. Chang
Faculty Articles
This is the accompanying syllabus to the essay by Professor Chang, “Teaching Asian Americans and the Law: Struggling with History, Identity, and Politics.” The article explores the goals and challenges in constructing a course on Asian Americans and the Law. In his course on Asian Americans and the Law, Professor Chang tries to include in the weekly reading packets history, narratives, and cases. Professor Chang includes the narratives because he has found that the students often have a difficult time relating to the history without them. After all, narratives bring life to history, making it easier for students to relate …
Teaching Asian Americans And The Law: Struggling With History, Identity, And Politics, Robert S. Chang
Teaching Asian Americans And The Law: Struggling With History, Identity, And Politics, Robert S. Chang
Faculty Articles
In this brief article, Professor Chang explores the goals and challenges in constructing a course on Asian Americans and the Law. In his course on Asian Americans and the Law, Professor Chang tries to include in the weekly reading packets history, narratives, and cases. Professor Chang includes the narratives because he has found that the students often have a difficult time relating to the history without them. After all, narratives bring life to history, making it easier for students to relate to and/or identify with the historical persons who occupy very different subject positions with regard to race, nationality, immigration …
(Racial) Profiles In Courage, Or Can We Be Heroes, Too?, Robert S. Chang
(Racial) Profiles In Courage, Or Can We Be Heroes, Too?, Robert S. Chang
Faculty Articles
This article begins with the controversy over a proposed monument based on a widely disseminated photograph of three firefighters raising the American flag over the ruins of the World Trade Center. The three firefighters were White. The proposed monument would have had one White firefighter, one Black, and one Hispanic. This article argues that the controversy over the proposed monument serves as a microcosm for the larger and more important struggle over racial and gender diversity within fire departments, generally.
Letters And Postcards We Wished We Had Sent To Gary Bellow And Bea Moulton, Marilyn Berger, John Mitchell, Annette Clark
Letters And Postcards We Wished We Had Sent To Gary Bellow And Bea Moulton, Marilyn Berger, John Mitchell, Annette Clark
Faculty Articles
To celebrate the 25th anniversary of the publication of Gary Bellow's and Bea Moulton's The Lawyering Process, this essay consists of eleven letters and postcards about how The Lawyering Process inspired the writing of the authors’ books - Pretrial Advocacy: Planning, Analysis & Strategy and Trial Advocacy: Planning, Analysis & Strategy. Alas, this correspondence is imaginary because that exchange of ideas did not take place. This method was inspired by the medieval letters of Abelard and Heloise and the modern-day fictional postcards and letters of Griffin and Sabine. Tracing the evolution of their thoughts from first reading the Bellow and …
“Forget The Alamo”: Race Courses As A Struggle Over History And Collective Memory, Robert S. Chang
“Forget The Alamo”: Race Courses As A Struggle Over History And Collective Memory, Robert S. Chang
Faculty Articles
This article discusses issues related to the study and teaching of race and ethnicity. Professor Chang explains the way race is taught or not taught in law schools is reflective of the historical and factual predicates we want our students to have. Faculty diversification can have an impact on the courses that are taught. Most, if not all, of the courses on critical race theory are taught by faculty-of-color. Most of the primary courses on Latinas/os and the law are taught by Latinas/os. If more related and primary courses are going to be offered by schools, then it seems that …
Resisting Medicine/Remodeling Gender, Dean Spade
Resisting Medicine/Remodeling Gender, Dean Spade
Faculty Articles
In this article, Dean Spade explores the problematic role of medicine in pushing for trans rights. Spade uses a combination of personal narrative of his own interaction with the healthcare system and his experience with legal advocacy on behalf of transgender and gender nonconforming clients. He reveals how the medicalization of trans identity, by categorizing it as a mental health disorder called Gender Identity Disorder, serves to reaffirm that everyone should either be male or female. Spade further asserts this medicalization can be problematic when advocating for the legal rights of gender nonconforming individuals. For example, he points out that …
Policy Choices And Model Acts: Preparing For The Next Public Health Emergency, Ken Wing
Policy Choices And Model Acts: Preparing For The Next Public Health Emergency, Ken Wing
Faculty Articles
This article explores policy choices and model acts related to public health administration in the U.S. This article provides information of the general public or state policymakers concerning important policy choices, variation of the pre-existing legal structure in each state, and the principles of separation of powers in limiting legislature's ability to delegate legislative-type decisions.
“Soldiering On In Hope”: United Nations Peacekeeping In Civil Wars, Anna Roberts
“Soldiering On In Hope”: United Nations Peacekeeping In Civil Wars, Anna Roberts
Faculty Articles
This note will examine the consequences of the Security Council’s decisions to deploy under-resourced operations to civil war situations and various proposed means by which the Security Council might more effectively fulfill its responsibilities. Part II will look at a number of post-Cold War U.N. operations in civil wars—UNPROFOR in Croatia and Bosnia, United Nations Operation in Somalia I (UNOSOM I), United Nations Assistance Mission for Rwanda II (UNAMIR II), and United Nations Mission in Sierra Leone (UNAMSIL)—and show how, at least partly because of the Security Council’s failure to ensure that the operations it authorized were provided with sufficient …
The Sojourner’S Truth And Other Stories, Robert S. Chang
The Sojourner’S Truth And Other Stories, Robert S. Chang
Faculty Articles
In this introductory essay to a cluster of articles on Migrations, Citizens, and Latinas/os, Professor Chang frames the work of Ruben Garcia, Camille Nelson, and Victor Romero as setting forth what might be described as truths that can be learned from the sojourner/immigrant. This essay argues that the sojourner/immigrant's contributions to U.S. society are often ignored or discounted, which may be due to a willful amnesia because we do not want to think about what we might owe the sojourner/immigrant with regard to her entry into the United States, her stay, and her departure.
Seasons Of Resistance: Sustainable Agriculture And Food Security In Cuba, Carmen G. Gonzalez
Seasons Of Resistance: Sustainable Agriculture And Food Security In Cuba, Carmen G. Gonzalez
Faculty Articles
Beginning in the mid-1990s, Cuba embarked upon a transformation of the agricultural sector that has been hailed by some observers as a model of socially equitable and ecologically sustainable agriculture. Cuba shifted from an export-oriented, chemical-intensive agricultural development strategy to one that promoted organic agriculture and encouraged production for the domestic market. This article places Cuba's agricultural reforms in historical context by examining the evolution of Cuban agriculture from the colonial period until the present through the lens of food security and ecological sustainability. The article argues that Cuba, for most of its history, was food insecure and ecologically compromised …
The Traumatic Dimension In Law, David G. Carlson
The Traumatic Dimension In Law, David G. Carlson
Faculty Articles
This paper applies Jacques Lacan's theory of retrospective cause to the jurisprudence of H.L.A. Hart and his followers. The thesis is that "effect" (judicial decision) precedes "cause" (law). The proper tense for legal discourse is, therefore, future anterior. The following points follow from this: (1) Positivism asserts that law is not necessarily connected to morality, but this is a priori wrong. Law wishes to be separate from morality, but it necessarily fails. (2) The theory vindicates Dworkin's notorious "right answers" theory, but makes the additional point that there is only one answer: you are guilty; you failed to conform to …
The Appearance Of Right And The Essence Of Wrong: Metaphor And Metonymy In Law, Jeanne L. Schroeder, David G. Carlson
The Appearance Of Right And The Essence Of Wrong: Metaphor And Metonymy In Law, Jeanne L. Schroeder, David G. Carlson
Faculty Articles
No abstract provided.
Hegel’S Theory Of Measure, David G. Carlson
Hegel’S Theory Of Measure, David G. Carlson
Faculty Articles
The final segment in Hegel's analysis of "being" is measure - the unity of quality and quantity. At stake in these chapters is the difference between quantitative and qualitative change. A being or thing is indifferent to quantitative change, which comes from the outside. For instance, a legislature can increase the stringency of zoning regulations, and yet the legislation is still constitutional "zoning." But there comes a point at which quantitative change effects a qualitative change - zoning becomes an uncompensated "taking" of property. This paper analyzes how Hegel, in the "Science of Logic," derives measure from the categories of …
A Missing Piece To The Dividend Puzzle: Agency Costs Of Mutual Funds, Mitchell L. Engler
A Missing Piece To The Dividend Puzzle: Agency Costs Of Mutual Funds, Mitchell L. Engler
Faculty Articles
No abstract provided.
Democracy Realized One Classroom At A Time, Peter Goodrich
Democracy Realized One Classroom At A Time, Peter Goodrich
Faculty Articles
No abstract provided.
The Omen In Nomen: An Exemplary Dictionary Of Legal Names, Peter Goodrich
The Omen In Nomen: An Exemplary Dictionary Of Legal Names, Peter Goodrich
Faculty Articles
No abstract provided.
Belgium’S Universal Jurisdiction Law: Vindication Of International Justice Or Pursuit Of Politics?, Malvina Halberstam
Belgium’S Universal Jurisdiction Law: Vindication Of International Justice Or Pursuit Of Politics?, Malvina Halberstam
Faculty Articles
No abstract provided.
Nietzsche And Aretaic Legal Theory, Kyron Huigens
Nietzsche And Aretaic Legal Theory, Kyron Huigens
Faculty Articles
No abstract provided.