Law Commons^™

Representing Nazism: Advocacy And Identity At The Trial Of Klaus Barbie, Guyora Binder

Journal Articles

Noting the enormous media interest in the war crimes trial of Klaus Barbie, and the surprising emphasis of this coverage on its cultural significance, this essay provides a literary reading of the trial as a contest over identity. More specifically, it treats the trial and its coverage as a struggle among competing groups - including the French state, various strands of the French left, the French right, resistance veterans, holocaust survivors, Zionists, Arabs, anti-colonialists - for the power to represent Nazism. All of these groups sought to define Nazism so as to claim a privileged identity as essential victims or …

Mastery, Slavery, And Emancipation, Guyora Binder

Journal Articles

Hegel's dialectic of master and slave in the Phenomenology of Mind portrays a master unable to win genuine recognition from a slave because unwilling to confer it. The dialectic implies that freedom has to be conceived as association based on mutual respect, rather than independence. This article offers a communitarian interpretation of emancipation inspired by Hegel's dialectic of master and slave. It proceeds from an account of slave society which, like Hegel's dialectic, equates slavery with the denial of social recognition. This account argues that the experience of slave society led both the masters and the slaves to conceive of …

Property And Suffrage In The Early American Republic, Robert J. Steinfeld

Journal Articles

No abstract provided.

Confrontation As Rejoinder To Compromise: Reflections On The Little Rock Desegregation Crisis, Raymond T. Diamond

Journal Articles

No abstract provided.

No Call To Glory: Thurgood Marshall's Thesis On The Intent Of A Pro-Slavery Constitution, Raymond T. Diamond

Journal Articles

No abstract provided.

Looking Toward The Future: Feminism And Reproductive Technologies, Isabel Marcus, Rhonda Copelon, Ruth Hubbard, Barbara Katz Rothman, Barbara Omolade

Journal Articles

No abstract provided.

Womens' Experience In Legal Education: Silencing And Alienation, Lucinda M. Finley

Journal Articles

No abstract provided.

Report Of The State Bar Of Arizona Corporate, Banking, And Business Law Section Subcommittee On Rendering Legal Opinions In Business Transactions, February 1, 1989, N. Gregory Smith, Robert T. Bailes, Stephen A. Benson, Marcia J. Busching, Jon Cohen, Douglas R. Chandler, Fred Fathe, Diane K. Geimer, Michael J. Ivens, Richard Lieberman, Michelle M. Matiski, Jared Mchatton, James Mcmahon, John M. Mcvey, Kevin L. Olson, E. Elizabeth Perlman, Robert P. Robinson, Morton Scult, Jeffrey H. Verbin, Matthew J. Yingling

Journal Articles

No abstract provided.

The Jurisprudence Of Prevention: The Right Of Societal Self-Defense Against Dangerous Individuals, Edward P. Richards

Journal Articles

No abstract provided.

Book Review - A Guide To Legal Research In Virginia (Edited By John D. Eure), Steven D. Hinckley

Journal Articles

Review of A Guide to Legal Research in Virginia, edited by John D. Eure. Charlottesville, VA: Committee on Continuing Legal Education, Virginia Law Foundation, 1989.

Qualified Immunity In Section 1983 Cases: The Unanswered Questions, Kit Kinports

Journal Articles

Part I of this Article describes the general policies underlying qualified immunity and the Court's decisions defining the scope of the defense. Part II then addresses two answered questions concerning Harlow v. Fitzgerald's impact on the substantive content of the qualified immunity defense: Is immunity available to the defendant who actually knows that her conduct is infringing the plaintiff's constitutional rights, even if the law governing those rights is not yet clearly established? And should a court take into account the nature of the defendant's governmental responsibilities and other circumstances surrounding her conduct in determining whether the right she …

Reaganist Realism Comes To Detriot, Stephen F. Ross

Journal Articles

Part I of this article discusses Detroit Newspapers and explains how in deferring to the Attorney General's interpretation of the Newspaper Preservation Act, Judge Silberman disregarded every applicable technique of statutory interpretation typically used to resolve the issue. Indeed, each of these techniques suggests that Attorney General Meese's interpretation of the Act was incorrect. This part of the article also demonstrates why deference to Meese was particularly inappropriate in light of the generally accepted justifications for judicial deference to administrative interpretations of statutes.

Part II explains that Detroit Newspapers is one of several opinions by conservative Reagan judicial appointees that …

Monopoly Sports Leagues, Stephen F. Ross

Journal Articles

This Article argues that the government should break up both Major League Baseball and the NFL to provide for competing economic entities in each sport. Part I details the harm monopoly sports leagues cause in several different markets and explains why a competitive league structure can correct such harms. Part II discusses why regulatory solutions are poor substitutes for competition as a means of redressing these harms. Part III explains why neither baseball nor football is a "natural monopoly" and argues that no persuasive evidence suggests that rival leagues cannot exist in those sports. Part IV examines how the antitrust …

Locked In And Locked Out: Reflections In The History Of Divorce Law Reform In New York State, Isabel Marcus

Journal Articles

No abstract provided.

Removing Nonconforming Child Support Payments From The Shadow Of The Rule Against Retroactive Modification: A Proposal For Judicial Discretion, John Eric Smithburn

Journal Articles

Whether and under what circumstances a parent who is ordered to pay child support is entitled to credit against a child support arrearage is one of the most vexing problems for the family court. Some courts consistently demand strict adherence to a child support order and do not permit retroactive modification. Other courts have allowed retroactive modification of support decrees when equity dictates. A recent amendment to the Social Security Act, however, prohibits retroactive modification of child support orders, leaving a number of unanswered questions concerning credit requests for nonconforming support payments.

This Article explores the problems created by nonconforming …

"As Best To Subserve Their Own Interests": Lemuel Shaw, Labor Conspiracy, And Fellow Servants, Alfred S. Konefsky

Journal Articles

No abstract provided.

A Judge Shapes And Manages Institutional Reform: School Desegregation In Buffalo, Judy Scales-Trent

Journal Articles

No abstract provided.

Secular Cases In The Church Courts: A Historical Survey, Robert E. Rodes

Journal Articles

When students of legal history think of church courts, they may conjure up thoughts of some odd and obsolete tribunal about which Dickens wrote, while students of popular history may think of the people who burned Joan of Arc. In contrast, when Roman Catholics think of Church courts, they may think of tribunals which do no more than grant marriage annulments, while American Protestants may think of nothing at all. Church courts encompass the whole range of institutions used by different churches, including Jewish communities, for authoritative intervention into affairs of individual church members. Institutions of this kind have had …

The Legal Community And The Transformation Of Disputes: The Settlement Of Injunction Actions, James B. Atleson

Journal Articles

Lawyers in cases involving injunctions against picketing represent clients in situations of great immediacy. A significant number of injunction actions are settled with reductions in picketing despite a seemingly restrictive statute and a highly organized workforce. This study of legal culture examines the role of lawyers in striving to create predictability, especially in regard to judges and the police, and in transforming conflicts of value into disputes over interests that can be resolved without resort to formal adjudication.

Black Women And The Constitution: Finding Our Place, Asserting Our Rights, Judy Scales-Trent

Journal Articles

No abstract provided.

Cultivating Democracy: Community Organizing In Haiti, Paolo G. Carozza

Journal Articles

Upon reflection, I gained a new realization of the role of human rights activism in Haiti, a more complete understanding of what needs to be done. I came to Haiti thinking that human rights work meant counting violations and reporting them internationally. Monitoring human rights abuses does serve a purpose; it helps bring attention and support to the work of indigenous activists and can help expose the illegitimacy of an abusive regime. But as I realized in the weeks following the rally at St. Jean Bosco, these activities are only instrumental to a larger end, that of remaking political life. …

A Break In The Silence: Including Women's Issues In A Torts Course, Lucinda M. Finley

Journal Articles

No abstract provided.

Federal Labor Rights And Access To Private Property: The Nlrb And The Right To Exclude, Dianne Avery

Journal Articles

No abstract provided.

Forum Juridicum: Church Autonomy In The Constitutional Order - The End Of Church And State?, Gerard V. Bradley

Journal Articles

"Separation of church and state" is right up there with Mom, apple pie, and baseball in American iconography. If everyone agrees on separation of church and state, why does the relationship between religion and public life so vex, excite, and confound us? Part of the reason is that church-state separation, although it is the historical achievement of societies decisively shaped by a Christianity that was itself decisively shaped by Judaism, is a commodious concept.

But "separation of church and state" is not contentless, and our conclusive agreement on it, I submit, provides a valuable common frame of reference in an …

Issues Raised By The Abortion Rescue Movement, Charles E. Rice

Journal Articles

The civil rights protests of the fifties and sixties taught the nation about the relation of the enacted law to the higher law of justice. Though less favorably publicized, the abortion rescue movement provides another such teaching moment today. As with the civil rights protests, the abortion rescue movement involves ordinary people putting their bodies on the line-and in jail-to vindicate their conception of justice. The rescue movement raises issues that transcend the question of whether one approves or disapproves of abortion. This paper examines what society might learn from the Operation Rescue movement about the weaknesses of our law.

Some Reasons For A Restoration Of Natural Law Jurisprudence, Charles E. Rice

Journal Articles

The growing influence of utilitarianism and legal positivism in American jurisprudence today and the decline of natural law have produced an ominous shift in the foundation of our legal system. This shift is illustrated by various courts' approaches to momentous legal issues of the Twentieth Century such as abortion and euthanasia. Ultimately, legal positivism is unacceptable as a jurisprudential framework because it provides no inherent limits on the power of the state and no basis for determining what is just. In contrast, the natural law provides a jurisprudential framework that both guides and limits the civil law. It therefore is …

The Pervasive Method Of Teaching Ethics, David T. Link

Journal Articles

The law school curriculum at Notre Dame is based on a two-faceted mission statement that the faculty developed in 1974. Moral values are central to both facets: (1) to be an outstanding teaching school that prepares competent and compassionate attorneys whose decisions are guided by the values and morality that Notre Dame represents; (2) to promote leading contributions to the development of the law, the system of justice, the legal profession, and legal education, through faculty scholarship and institutional projects that embody important qualities of the Notre Dame value system. We intend to dedicate as much intensity to sensitizing our …

Character And Community: Rispetto As A Virtue In The Tradition Of Italian-American Lawyers, Thomas L. Shaffer, Mary M. Shaffer

Journal Articles

Our project is to contemplate a discrete piece of applied ethics in the American legal profession, a piece of what one might call Italian-American legal ethics. We propose to describe a moral value for which we will use the Italian word rispetto. Our understanding of rispetto is that it is a virtue, a good habit, through which the person learns, practices, teaches, and remembers his place within the family. We will argue here that the practice of this virtue will allow a modern lawyer to be in and of his or her civic and professional community without loss of dignity …

Partial Performance Of Employment Contracts, Geoffrey J. Bennett

Journal Articles

Commentary on

Wiluszynski v. Tower Hamlets London Borough Council (The Times, 28.4.89)

The Professional Ethics Of Individualism And Tragedy In Martin Arrowsmith's Expedition To St. Hubert, Thomas L. Shaffer

Journal Articles

Sinclair Lewis (1885-1951) was a resolute critic of pretension in American business and in the professions. His only hero story is the story of a physician and research scientist, Arrowsmith (1925).' It is a story that puts up for examination Lewis's prescription for a moral life in the professions in America and, beyond that, it shows what professional life is like. I want to argue here that (1) although the story is useful for lawyers and for legal ethics, Lewis's principal moral prescription, a brief for individualism in professional life, is incoherent. The ethic of individualism, as Lewis grounds it, …