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1994

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Full-Text Articles in Law

Conditional Probative Value: Neoclassicism Without Myth, Richard D. Friedman Dec 1994

Conditional Probative Value: Neoclassicism Without Myth, Richard D. Friedman

Articles

The concept of conditional relevance is an essential aspect of the classical model of evidentiary law. Some of the great scholars of evidence have endorsed and shaped it.1 Under Federal Rule of Evidence 104(b) it plays a crucial role in the division of responsibility between judge and jury,2 as well as in the application of the personal knowledge3 and authentication 4 requirements. And the Supreme Court has applied it with great force.5 In recent years, though, the concept has come under attack from several notable scholars. The late Vaughn Ball led the assault, calling the concept ...


Bioethics With A Human Face, Carl E. Schneider Oct 1994

Bioethics With A Human Face, Carl E. Schneider

Articles

This Article and the successor article I will shortly publish grow out of one reaction I have had to years of reading bioethical and legal literature. Let me begin by putting the point in its simplest, even crudest, form: That literature too often discusses the problems of health care in so disembodied and denatured a way that the patients and physicians, the family and friends, the dread and the disease are quite abstracted from the scene. The result is a literature that critically limits itself and that crucially oversimplifies the issues it confronts. There are, of course, reasons bioethical and ...


Bioethics In The Language Of The Law, Carl E. Schneider Jul 1994

Bioethics In The Language Of The Law, Carl E. Schneider

Articles

What happens when the language of the law becomes a vulgar tongue? What happens, more particularly, when parties to bioethical discourse are obliged to borrow in their daily controversies the ideas, and even the language, peculiar to judicial proceedings? How suited are the habits, taste, and language of the judicial magistrate to the political, and more particularly, the bioethical, questions of our time? We ask these questions because, as the incomparable Tocqueville foresaw, Americans today truly do resolve political-and moral--questions into judicial questions. As Abraham Lincoln hoped, the Constitution "has become the political religion of the nation," and many Americans ...


Professor Cornelius J. Peck: A Man Of Many Talents, Ralph W. Johnson Apr 1994

Professor Cornelius J. Peck: A Man Of Many Talents, Ralph W. Johnson

Articles

Outstanding teacher, authoritative writer, master winemaker, successful labor arbitrator, durable bicyclist, avid gardener, occasional portrait painter, and more. Meet University of Washington School of Law Professor Emeritus Cornelius J. Peck. Born in Calumet, Michigan, he attended public schools in Iron Mountain, Michigan, and found his way east to Harvard, where he received a B.S. degree in 1944 and an LL.B. in 1949. He was a Harvard National Scholar while he worked on his B.S. and law degrees. He held two jobs with the U.S. Department of Justice and one with the National Labor Relations Board before ...


Marriage, Morals, And The Law: No-Fault Divorce And Moral Discourse, Carl E. Schneider Apr 1994

Marriage, Morals, And The Law: No-Fault Divorce And Moral Discourse, Carl E. Schneider

Articles

In this Essay, I want to reflect on no fault-divorce and the social attitudes that underlie it. In particular, I want to consider that reform in light of an article I wrote some years ago entitled Moral Discourse and the Transformation of American Family Law. There I argued that in recent years the language of American family law has changed notably: today family law issues are decreasingly discussed in the language of morality. In other words, legal institutions have decreasingly talked about those issues in moral terms. Rather, they have tended to avoid handling some moral issues altogether-often by transferring ...


The Damaging Impact Of The Eastman Kodak Precedent Upon Product Competition: Antitrust Law In Need Of Correction, Daniel J. Gifford Jan 1994

The Damaging Impact Of The Eastman Kodak Precedent Upon Product Competition: Antitrust Law In Need Of Correction, Daniel J. Gifford

Articles

In the dynamic markets of the present day, competition is the driving force behind the widespread and pervasive development of new products and new product capabilities. Innovative activity, which is especially manifest in the high-technology sectors, contributes significantly to national economic well-being. 1 Yet the courts, the bar, and most legal scholars have given inadequate attention to the critical role that antitrust rules can play in encouraging or stifling innovative activity. 2 Rather, a good deal of the traditional antitrust literature has focused narrowly upon price and output in relatively static market settings, and the newer strategic behavior branch of ...


Labor Law And Its Reform, Daniel J. Gifford Jan 1994

Labor Law And Its Reform, Daniel J. Gifford

Articles

U.S. private sector unionism is in decline. From a high watermark in 1953 of around 35.7% of the private nonagricultural workforce, union membership has fallen to 11.5% and unions represent under 13% of private sector workers. 1 Absent reform of the labor relations system, the trend is clear. Unions will remain a significant force in government employment, big-city commercial construction, rail and air transportation, and certain shrinking mining and manufacturing industries. Aside from these pockets of unionism, however, workplace-based representation of the interests of working people will become a distinctly marginal phenomenon in our society.


Interpersonal Distrust In The Modified Rawlsian Society, Daniel J. Gifford Jan 1994

Interpersonal Distrust In The Modified Rawlsian Society, Daniel J. Gifford

Articles

JOHN RAWLS, the author of the widely acclaimed A Theory of Justice, 1 has modified and supplemented his theory of the just society in his new book Political Liberalism. Rawls's theory of justice, which he calls "justice as fairness," continues to consist essentially of two principles: a liberty principle under which each person is entitled to the maximum possible liberty consistent with equal liberty for others, and a difference principle, under which social and economic inequalities are justified only to the extent that they contribute to raising the absolute level of well being of the least advantaged class over ...


From Tax-Favored To Tax-Penalized: The Challenge Of Estate Planning For Qualified Plan Benefits In The Face Of Shifting Federal Tax Policy, Robert Stein Jan 1994

From Tax-Favored To Tax-Penalized: The Challenge Of Estate Planning For Qualified Plan Benefits In The Face Of Shifting Federal Tax Policy, Robert Stein

Articles

Lawyers face a difficult challenge in effectively planning for their clients' estates in light of the constant shifts in federal tax policy. No area of tax law illustrates this challenge better than the law governing the estate taxation of qualified plan benefits. Even within a single tax act, the policy decisions often are inconsistent. In a recent law review article, Charles McLure described this phenomenon in the following manner: Even if Congress begins its deliberations with a menu of proposals that are defensible on policy grounds, at some point, the process is likely to become driven by revenue estimates, rather ...


Seeking Relations: Law And Feminism Roundtables, Mary Louise Fellows, Sherene Razack Jan 1994

Seeking Relations: Law And Feminism Roundtables, Mary Louise Fellows, Sherene Razack

Articles

Currently the rhetoric of difference and diversity among women dominates discussions in legal feminism about where women stand in relation to each other. The words difference and diversity organize the relationship among women in ways that can eclipse the differential impact of ableism, economic exploitation, heterosexism, racism, and sexism in women's lives. Differences among women are taken into account, for example, in the recognition that some women are doubly and triply disadvantaged. Ultimately, however, the multiple ways in which we as women actually are implicated in maintaining structures of domination in each other's lives can remain uninterrogated. Consequently ...


The Role Of Legal Education In Instilling An Ethos Of Public Service Among Law Students: Towards A Collaboration Between The Profession And The Academy On Professional Values, Stephen F. Befort, Eric Janus Jan 1994

The Role Of Legal Education In Instilling An Ethos Of Public Service Among Law Students: Towards A Collaboration Between The Profession And The Academy On Professional Values, Stephen F. Befort, Eric Janus

Articles

n the United States, a significant part of the debate over passage of the North American Free Trade Agreement (NAFTA) focused on the agreement's potential effects on the American worker. United States labor organizations and their congressional supporters opposed NAFTA based on their belief that Mexico's low wages and minimal worker protection would entice U.S. companies to move to Mexico, resulting in a loss of American jobs. An underlying assumption of their argument was that Mexican labor laws were either inadequate to protect workers' interests or inadequately enforced.


Conferring On The Maccrate Report: A Clinical Gaze, Beverly Balos Jan 1994

Conferring On The Maccrate Report: A Clinical Gaze, Beverly Balos

Articles

The MacCrate Report' provides a strong statement about the need for legal education to take seriously its responsibility for training students in the values of the profession and skills of legal practice. It is this central focus of the Report that makes it of interest to those of us who recognize the particular contribution clinical education makes to legal training. The Task Force, appointed and supported by the American Bar Association's influential Section on Legal Education and Admissions to the Bar, affirmed in its Report the importance of clinical education and the vital role it can play in the ...


United States Human Rights Policy In International Organizations, David Weissbrodt Jan 1994

United States Human Rights Policy In International Organizations, David Weissbrodt

Articles

I was privileged to serve as a public member of the United States delegation to the United Nations Commission on Human Rights which met February 1 to March 12, 1993. I can speak about my expe- rience on that delegation, but it is very difficult to extrapolate from my six weeks of work in Geneva to a broad sense of the Clinton Adminis- tration policy.


Corporate Cooperation, Relationship Management, And The Trialogical Imperative For Corporate Law, John H. Matheson, Brent A. Olson Jan 1994

Corporate Cooperation, Relationship Management, And The Trialogical Imperative For Corporate Law, John H. Matheson, Brent A. Olson

Articles

For large publicly held corporations, “corporate governance,” a common term in current law review articles, is an outdated term. It is outdated because it emphasizes the tensions and power struggles between corporate constituencies and implies an inevitable and immutable governance tug-of-war. It is also outdated because it masks the economic reality of the corporate enterprise: that the raison d’etre of large publicly held corporations is to maximize “longterm shareholder” and corporate value. Finally, it is outdated because today’s globally competitive marketplace requires a corporate focus on long-term performance rather than on divisive factionalism. Accordingly, this Article suggests steps ...


Unesco Human Rights Procedure: An Evaluation, David Weissbrodt, Rose Farley Jan 1994

Unesco Human Rights Procedure: An Evaluation, David Weissbrodt, Rose Farley

Articles

Analysis of United Nations Educational, Scientific, and Cultural Organization (UNESCO) human rights review procedures and cases within the UNESCO process indicates that many violations are not being addressed effectively. Improvements to the procedures should include implementing fast track and expedited procedures for certain cases, looking for complete solutions to violations, making the Committee on Conventions and Recommendations smaller and less politicized, allowing major abuses to be referred to the Director-General and defining the phases of the review process more clearly.


The Untermensch As Ubermensch, Paul Campos Jan 1994

The Untermensch As Ubermensch, Paul Campos

Articles

No abstract provided.


Initiative Enigmas, Richard Collins Jan 1994

Initiative Enigmas, Richard Collins

Articles

No abstract provided.


Values, Pierre Schlag Jan 1994

Values, Pierre Schlag

Articles

No abstract provided.


Unemployment Insurance: American Social Wage, Labor Organization And Legal Ideology, Kenneth M. Casebeer Jan 1994

Unemployment Insurance: American Social Wage, Labor Organization And Legal Ideology, Kenneth M. Casebeer

Articles

No abstract provided.


A Matter Of Opinion: Milkovich Four Years Later, Kathryn D. Sowle Jan 1994

A Matter Of Opinion: Milkovich Four Years Later, Kathryn D. Sowle

Articles

No abstract provided.


Habermas And The Public Sphere By Craig Calhoun (Book Review), David Abraham Jan 1994

Habermas And The Public Sphere By Craig Calhoun (Book Review), David Abraham

Articles

No abstract provided.


The Imperial Presidency's New Vestments, A. Michael Froomkin Jan 1994

The Imperial Presidency's New Vestments, A. Michael Froomkin

Articles

No abstract provided.


Still Naked After All These Words, A. Michael Froomkin Jan 1994

Still Naked After All These Words, A. Michael Froomkin

Articles

No abstract provided.


No Time For Trumpets: Title Vii, Equality, And The Fin De Siecle, D. Marvin Jones Jan 1994

No Time For Trumpets: Title Vii, Equality, And The Fin De Siecle, D. Marvin Jones

Articles

No abstract provided.


The Future Of The United Nations Convention On The Law Of The Sea, John R. Stevenson, Bernard H. Oxman Jan 1994

The Future Of The United Nations Convention On The Law Of The Sea, John R. Stevenson, Bernard H. Oxman

Articles

No abstract provided.


A Nation At Prayer, A Nation In Hate: Apartheid In South Africa, Tamara Rice Lave Jan 1994

A Nation At Prayer, A Nation In Hate: Apartheid In South Africa, Tamara Rice Lave

Articles

No abstract provided.


Interpreting Oriental Cases: The Law Of Alterity In The Colonial Courtroom, Kunal Parker Jan 1994

Interpreting Oriental Cases: The Law Of Alterity In The Colonial Courtroom, Kunal Parker

Articles

No abstract provided.


On Terrorism: Reflections On Violence And The Outlaw, Ileana Porras Jan 1994

On Terrorism: Reflections On Violence And The Outlaw, Ileana Porras

Articles

No abstract provided.


The Ethics Of Violence: Necessity, Excess, And Opposition (Book Review Essay), Anthony V. Alfieri Jan 1994

The Ethics Of Violence: Necessity, Excess, And Opposition (Book Review Essay), Anthony V. Alfieri

Articles

No abstract provided.


With All Deliberate Speed? A Reply To Professor Sunstein, Marc A. Fajer Jan 1994

With All Deliberate Speed? A Reply To Professor Sunstein, Marc A. Fajer

Articles

No abstract provided.