Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Legislation (10)
- Law and Society (8)
- Constitutional Law (7)
- Supreme Court of the United States (6)
- Courts (5)
-
- Labor and Employment Law (5)
- Environmental Law (4)
- Evidence (4)
- Family Law (4)
- International Law (4)
- Jurisprudence (4)
- Civil Rights and Discrimination (3)
- Law and Psychology (3)
- Legal History (3)
- Legal Profession (3)
- Litigation (3)
- Medical Jurisprudence (3)
- President/Executive Department (3)
- Public Law and Legal Theory (3)
- State and Local Government Law (3)
- Business Organizations Law (2)
- Civil Procedure (2)
- Common Law (2)
- Estates and Trusts (2)
- First Amendment (2)
- Health Law and Policy (2)
- Human Rights Law (2)
- Judges (2)
- Law and Gender (2)
- Institution
- Keyword
-
- Law reform (6)
- History (5)
- Regulation (5)
- United States Supreme Court (5)
- Discrimination (3)
-
- Uniform acts (3)
- Admissibility (2)
- Air pollution (2)
- Assisted suicide (2)
- Bioethics (2)
- Book review (2)
- Children (2)
- Community property (2)
- Deterrence (2)
- Discourse (2)
- Divorce (2)
- Employees (2)
- Employers (2)
- Euthanasia (2)
- Expert evidence (2)
- Intestacy (2)
- Jurisprudence (2)
- Language (2)
- Legal History (2)
- Marriage (2)
- Medical treatment (2)
- Michigan (2)
- Model Employment Termination Act (2)
- National Conference of Commissioners on Uniform State Laws (2)
- Policy (2)
Articles 1 - 30 of 128
Full-Text Articles in Law
Conditional Probative Value: Neoclassicism Without Myth, Richard D. Friedman
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 a "myth."'6 Peter Tillers, …
Bioethics With A Human Face, Carl E. Schneider
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 …
The Place Of Caste Under The Civil Rights Laws: From Jim Crow To Same Sex Marriages, Richard A. Epstein
The Place Of Caste Under The Civil Rights Laws: From Jim Crow To Same Sex Marriages, Richard A. Epstein
Articles
No abstract provided.
Liberty And Property: Lord Bramwell And The Political Economy Of Liberal Jurisprudence Individualism, Freedom, And Utility, David Abraham
Liberty And Property: Lord Bramwell And The Political Economy Of Liberal Jurisprudence Individualism, Freedom, And Utility, David Abraham
Articles
No abstract provided.
Bioethics In The Language Of The Law, Carl E. Schneider
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 …
Nations Without States, Gidon A. G. Gottlieb
Religion And The Search For A Principled Middle Ground On Abortion, Michael W. Mcconnell
Religion And The Search For A Principled Middle Ground On Abortion, Michael W. Mcconnell
Articles
No abstract provided.
Comment: Theory And Practice In Dna Fingerprinting, Richard O. Lempert
Comment: Theory And Practice In Dna Fingerprinting, Richard O. Lempert
Articles
Throughout her useful paper on DNA identification, Professor Roeder properly attends to both theory and practice. Thus she acknowledges the theoretical soundness of certain criticisms that have been made of the standard paradigm used to evaluate DNA random match probabilities but argues that in practice these criticisms matter little. I am thinking here of the arguments that those cautioning against overweighing DNA evidence have made regarding the undeniable existence of population substructure and its potential implications for independence assumptions supporting the application of the product rule and for the use of convenience samples, such as data garnered from no more …
The State Of Madison's Vision Of The State, Frank H. Easterbrook
The State Of Madison's Vision Of The State, Frank H. Easterbrook
Articles
No abstract provided.
Professor Cornelius J. Peck: A Man Of Many Talents, Ralph W. Johnson
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 joining the University of …
Nationalism And The Right To Self-Determination: The Arab-Israeli Conflict, Malvina Halberstam
Nationalism And The Right To Self-Determination: The Arab-Israeli Conflict, Malvina Halberstam
Articles
Self-determination is a slogan that has captured the imagination of people throughout the world. Numerous U.N. General Assembly resolutions have exalted self-determination, often above the fundamental rights specifically provided for in the U.N. Charter. Notwithstanding these resolutions, in practice, self-determination generally has been applied only to the dismemberment of colonial empires. Its universal application is neither possible nor desirable.
In the Arab-Israeli conflict, self-determination was never truly the issue. The conflict has been deliberately transformed into a claim for self-determination as a political tactic designed to gain the support of third world countries in the United Nations. The issues in …
Marriage, Morals, And The Law: No-Fault Divorce And Moral Discourse, Carl E. Schneider
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 …
Everyman's Fourth Amendment: Privacy Or Mutual Trust Between Government And Citizen, Scott E. Sundby
Everyman's Fourth Amendment: Privacy Or Mutual Trust Between Government And Citizen, Scott E. Sundby
Articles
No abstract provided.
Tribute To Judge Irving L. Goldberg: The Consummate Humanist, Diane P. Wood
Tribute To Judge Irving L. Goldberg: The Consummate Humanist, Diane P. Wood
Articles
No abstract provided.
Executive Detention In Wartime (Reviewing A.W. Brian Simpson, In The Highest Degree Odious: Detention Without Trial In Wartime Britain (1992)), Richard A. Posner
Executive Detention In Wartime (Reviewing A.W. Brian Simpson, In The Highest Degree Odious: Detention Without Trial In Wartime Britain (1992)), Richard A. Posner
Articles
No abstract provided.
Strength In Diversity: Feminist Theoretical Approaches To Child Custody And Same-Sex Relationships, Mary E. Becker
Strength In Diversity: Feminist Theoretical Approaches To Child Custody And Same-Sex Relationships, Mary E. Becker
Articles
No abstract provided.
Seeking Relations: Law And Feminism Roundtables, Mary Louise Fellows, Sherene Razack
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, while women …
Epstein On His Own Grounds, Richard H. Mcadams
Epstein On His Own Grounds, Richard H. Mcadams
Articles
Forbidden Grounds fails to follow through on its own terms. Epstein invokes Thomas Hobbes but never considers the Hobbesian argument for Title VII; employs economic analysis without disclosing its dependence on controversial empirical assumptions; and makes empirical claims, particularly about social norms, without applying the standards of criticism to supporting evidence that he applies to contrary evidence.
A Brief History Of The Criminal Jury In The United States, Albert Alschuler, Andrew G. Deiss
A Brief History Of The Criminal Jury In The United States, Albert Alschuler, Andrew G. Deiss
Articles
No abstract provided.
Of Richard Epstein And Other Radical Feminists, Mary Anne Case
Of Richard Epstein And Other Radical Feminists, Mary Anne Case
Articles
My goal in this discussion is to persuade all members of the Federalist Society that they are or should be feminists. I shall pursue this goal in two ways: first by setting forth an expansive definition of feminist jurisprudence; secondly by showing that anyone who combines the two commitments Richard Epstein urges on feminists-commitments to the descriptive message of sociobiology and to the normative message of libertarianism-must inevitably be, not merely a feminist, but a very radical feminist indeed. In short, feminism is for everyone, especially for Richard Epstein.
Faculty-Edited Law Journals, Richard A. Epstein
The Transmission Of Legal Institutions: English Law, Roman Law, And Handwritten Wills, Richard H. Helmholz
The Transmission Of Legal Institutions: English Law, Roman Law, And Handwritten Wills, Richard H. Helmholz
Articles
No abstract provided.
Homosexuality And The Constitution, Cass R. Sunstein
A New Deal For Speech, Cass R. Sunstein
The President And The Administration, Cass R. Sunstein, Lawrence Lessig
The President And The Administration, Cass R. Sunstein, Lawrence Lessig
Articles
No abstract provided.
Security Interests Reconsidered, Douglas G. Baird
Norval Toward A Rational Drug Policy, Albert Alschuler
The Moral And Practical Dilemmas Of An Underground Economy, Richard A. Epstein
The Moral And Practical Dilemmas Of An Underground Economy, Richard A. Epstein
Articles
No abstract provided.
Incompletely Theorized Agreements Commentary, Cass R. Sunstein
Incompletely Theorized Agreements Commentary, Cass R. Sunstein
Articles
No abstract provided.
The Legal Regulation Of Genetic Discrimination: Old Responses To New Technology, Richard A. Epstein
The Legal Regulation Of Genetic Discrimination: Old Responses To New Technology, Richard A. Epstein
Articles
No abstract provided.