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1994

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Institution
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Articles 1 - 30 of 128

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 a "myth."'6 Peter Tillers, …


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 …


The Place Of Caste Under The Civil Rights Laws: From Jim Crow To Same Sex Marriages, Richard A. Epstein Aug 1994

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 Jul 1994

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 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 …


Nations Without States, Gidon A. G. Gottlieb May 1994

Nations Without States, Gidon A. G. Gottlieb

Articles

No abstract provided.


Religion And The Search For A Principled Middle Ground On Abortion, Michael W. Mcconnell May 1994

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 May 1994

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 Apr 1994

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 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 joining the University of …


Nationalism And The Right To Self-Determination: The Arab-Israeli Conflict, Malvina Halberstam Apr 1994

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 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 …


Everyman's Fourth Amendment: Privacy Or Mutual Trust Between Government And Citizen, Scott E. Sundby Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 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, while women …


Epstein On His Own Grounds, Richard H. Mcadams Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

Faculty-Edited Law Journals, Richard A. Epstein

Articles

No abstract provided.


The Transmission Of Legal Institutions: English Law, Roman Law, And Handwritten Wills, Richard H. Helmholz Jan 1994

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 Jan 1994

Homosexuality And The Constitution, Cass R. Sunstein

Articles

No abstract provided.


A New Deal For Speech, Cass R. Sunstein Jan 1994

A New Deal For Speech, Cass R. Sunstein

Articles

No abstract provided.


The President And The Administration, Cass R. Sunstein, Lawrence Lessig Jan 1994

The President And The Administration, Cass R. Sunstein, Lawrence Lessig

Articles

No abstract provided.


Security Interests Reconsidered, Douglas G. Baird Jan 1994

Security Interests Reconsidered, Douglas G. Baird

Articles

No abstract provided.


Norval Toward A Rational Drug Policy, Albert Alschuler Jan 1994

Norval Toward A Rational Drug Policy, Albert Alschuler

Articles

No abstract provided.


The Moral And Practical Dilemmas Of An Underground Economy, Richard A. Epstein Jan 1994

The Moral And Practical Dilemmas Of An Underground Economy, Richard A. Epstein

Articles

No abstract provided.


Incompletely Theorized Agreements Commentary, Cass R. Sunstein Jan 1994

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 Jan 1994

The Legal Regulation Of Genetic Discrimination: Old Responses To New Technology, Richard A. Epstein

Articles

No abstract provided.