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Salt Equalizer, Vol. 1993, Issue 4, Society Of American Law Teachers

SALT Equalizer

Contents of this issue:

Clare Dalton, SALT to Honor Norman Dorsen with Annual Teaching Award, at 1.

Sylvia A. Law, President's Column, at 1.

Jean C. Love, SALT Board Meets in California, at 2.

Stephen Pincus, 1994 Cover Retreat on the Horizon, at 4.

Stephanie M. Wildman, October Teaching Conference a Huge Success, at 5.

... And Thanks to SALT Conference Working Group Conveners, at 6.

Anna M. Han, "Wish I Had Been Here Earlier": A First Timer's Impression, at 11.

SALT President on Short List for NY's Highest Court, at 13. …

Salt Equalizer, Vol. 1993, Issue 3, Society Of American Law Teachers

SALT Equalizer

Contents of this issue:

Phobe A. Haddon, Lani Guinier's Nomination, at 1.

Sylvia A. Law, President's Column, at 1.

Holly Maguigan, SALT's Teaching Conference an Extraordinary Success, at 5.

Elvia Arriola, Give Me More: A First-Timer Reflects on the Teaching Conference, at 6.

Doug Colbert & Jerome M. Culp, Professor Dwight Greene Slain by Unknown Assailant, at 8.

SALT Teaching Conference, at 10.

Joyce Saltalamachia, SALT Board Meets in New York, at 12.

Arthur S. Leonard, Update on Cracker Barrel and CREF, at 14.

Marjorie Fine Knowles, TIAA-CREF, Divestment and Socially Responsible …

Salt Equalizer, Vol. 1993, Issue 2, Society Of American Law Teachers

SALT Equalizer

Contents of this issue:

Jennifer Brow, Cover Conference Survives the Blizzard of '93, at 1.

Sylvia A. Law, President's Column, at 1.

TIAA-CREF: Are We Making Socially Irresponsible Investments?, at 5.

Anne B. Goldstein, Plans Carefully Laid for SALT Teaching Conference, at 6.

1993 SALT Teaching Conference, at 7.

Annual Teaching Award Dinner a Huge Success, at 9.

Salt Equalizer, Vol. 1993, Issue 1, Society Of American Law Teachers

SALT Equalizer

Contents of this issue:

Howard A. Glickstein, 1992-93 SALT Salary Survey Enclosed, at 1.

SALT Membership, at 1.

Newly Elected Board Members, at 1.

Getting To Know: Honoring Women In Law And In Fact, Lynne Henderson

Scholarly Works

No abstract provided.

Reassessing The Sophisticated Policyholder Defense In Insurance Coverage Litigation, Jeffrey W. Stempel

Scholarly Works

Insurance law often is ironically regarded as both consistent and confusing. However, the 1980s saw significant flowering in the development of an insurance coverage interpretation doctrine that, although seriously flawed in its present form, offers the as yet untapped potential of substantial improvement in judicial construction of commercial insurance policies through seemingly inconsistent treatment of insurance coverage disputes.

During the past two decades, in response to the prodding of lawyers representing insurers, courts have increasingly noted that not all insurance policyholders are equal. Some have more money and bargaining clout than others. Some have more sophistication and understanding about the …

Rethinking The Rule Of Law: A Demonstration That The Obvious Is Plausible, Francis J. Mootz Iii

Scholarly Works

In this Article, I defend the Rule of Law from its detractors in the academy by uncovering and criticizing the unsound presuppositions driving their critiques. I acknowledge that these critiques raise two different problems for those who defend the plausibility of the Rule of Law: The problem of ensuring legal innovation and the problem of supplying effective constraint. In response to these problems, I locate our faith in the Rule of Law in the hermeneutical practice in which we are engaged as lawyers. Jurisprudential characterizations of the problems of constraint and innovation are misguided reactions to the narrow Enlightenment conception …

Is The Rule Of Law Possible In A Postmodern World?, Francis J. Mootz Iii

Scholarly Works

The Rule of Law is the core of our political and legal ideology, but the Rule of Law increasingly is attacked as an unattainable goal. Postmodern theorists challenge whether it makes sense to believe that rules can be formulated for general application and then later neutrally applied by decision makers. Postmodern theorists reject the Enlightenment world view and its political corollary, classical liberalism. The author agrees with the spirit of the postmodern critique, but argues that we can understand the Rule of Law in a manner consonant with postmodern thought. Drawing on the Continental tradition of hermeneutics, or the philosophy …

Credulous Courts And The Tortured Trilogy: The Improper Use Of Summary Judgment In Title Vii And Adea Cases, Ann C. Mcginley

Scholarly Works

Civil rights are under siege. In mid-1989, the United States Supreme Court decided several cases that severely limit the civil rights claims and remedies available to a plaintiff claiming employment discrimination. This Article examines the gradual and continuing erosion of the factfinder's role in federal employment discrimination cases and its replacement by an increasing use of summary judgment through which the courts make pretrial determinations formerly reserved for the factfinder at trial. This trend not only represents a major shift in court procedure and, in the case of age discrimination claims, a transfer of power from juries to judges, but …

Reinventing Reality: The Impermissible Intrusion Of After-Acquired Evidence In Title Vii Litigation, Ann C. Mcginley

Scholarly Works

This Article analyzes the use of after-acquired evidence to defeat a discrimination victim's claim against her employer. The use of the Mount Healthy and Price Waterhouse mixed motives analysis in after-acquired evidence cases is misplaced because it is impossible for the permissible motive—resume fraud—to have been a factor in the adverse employment decision. Furthermore, after the enactment of the Civil Rights Act of 1991, it would be an improper judicial intrusion upon the power of the legislature for courts to apply mixed motives analysis to these cases. Besides the constitutional limitation on the judiciary's power created by the Civil Rights …

Cultural Literacy And The Adversary System: The Enduring Problems Of Distrust, Misunderstanding And Narrow Perspective, Jeffrey W. Stempel

Scholarly Works

The meandering road to discovery reform illustrates, among other things, the ineffectiveness of an atomized profession that lacks either sufficient understanding of the adversary system or the resources and forcefulness to address the practical impact of adversarialism. In some ways, lawyers reforming litigation can be characterized as poorer investigators than the sixsome who examined the elephant. The elephant sleuths were guilty of isolation and ignorance. Lawyers and policy makers not only exhibit a lack of information and empathy, but also often show an unwarranted distrust of or contempt for the elements of the profession with which they disagree. Unfortunately, however, …

New Paradigm, Normal Science, Or Crumbling Construct? Trends In Adjudicatory Procedure And Litigation Reform, Jeffrey W. Stempel

Scholarly Works

One aspect of a possible new era is the increasing ad hoc activity of various interest groups, including the bench and the organized bar, primarily pursued through official organizations such as the Judicial Conference, the Federal Judicial Center, the American Bar Association (“ABA”), and the American Law Institute. Traditionally, of course, judges and lawyers have lobbied Congress and state legislatures for litigation change, as demonstrated by the saga of the Rules Enabling Act (“Enabling Act” or “Act”). But, the legal profession's more recent “political” activity regarding litigation reform differs from the traditional model in several ways. First, the participation of …

Voting Behavior On The Texas Court Of Criminal Appeals, 1991-92, Keith A. Rowley, Michael D. Weiss

Scholarly Works

Between early 1991, when Judge Fortunato Benavides was appointed to replace Judge Marvin O. Teague, and July 1, 1992, the Texas Court of Criminal Appeals decided 251 cases where the ultimate question at stake was whether or not an accused individual would receive punishment for his or her alleged wrongdoing. While the sitting judges unanimously decided roughly one-half of these cases, 133 cases resulted in one or more dissenting votes. Furthermore, a margin of two votes or less decided thirty-five cases.

The purpose of this Article is to analyze and, if possible, explain the voting behavior of the members of …