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Articles 1 - 30 of 97

Full-Text Articles in Law

From Consumer Choice To Consumer Welfare, Carl E. Schneider Nov 1995

From Consumer Choice To Consumer Welfare, Carl E. Schneider

Articles

In trying to understand the I SUPPORT study, it may be useful to think of contemporary bioethics reform in terms of the principles of consumer protection. The central tendency of that reform (particularly in my own field-the law) has been to employ the model of consumer choice. That model sets as its purpose to allow consumers to choose the kinds of products they prefer. It seeks to accomplish that purpose primarily by supplying consumers the information they need to make choices and by insisting that they are given what they chose. Thus, for example, merchants may be required to reveal ...


Freedom And Criminal Responsibility In The Age Of Pound: An Essay On Criminal Justice, Thomas A. Green Jun 1995

Freedom And Criminal Responsibility In The Age Of Pound: An Essay On Criminal Justice, Thomas A. Green

Articles

The concept of freedom has two main aspects: political liberty and freedom of the will. I am concerned here with the latter, although - as these two aspects of freedom are not entirely unrelated to each other - I shall touch also on the former. Enough has been written from a philosophical perspective on the relationship between free will and the law that it is not easy to justify yet another such undertaking. But there may still be room for some informal observations on the manner in which doubts about the concept of freedom of the will affected discussion of criminal responsibility ...


On The Duties And Rights Of Parents, Carl E. Schneider May 1995

On The Duties And Rights Of Parents, Carl E. Schneider

Articles

The law of the family is the law of the absurd. Law is a system of rules administered institutionally, and thus it must treat people categorically. When law regulates economic life, it finds people at arguably their most schematic, motivated-perhaps-by a relatively unitary conception of their interest pursued in relatively rational ways. But in family life, people are at their least schematic and at their most frustratingly human, various, idiosyncratic, irrational, and perverse, and the law's efforts to affect them are thus often quixotic. In Parents as Fiduciaries, 1 Professor Scott and Dean Scott strikingly and boldly deploy the ...


On The 'Fruits' Of Miranda Violations, Coerced Confessions, And Compelled Testimony, Yale Kamisar Mar 1995

On The 'Fruits' Of Miranda Violations, Coerced Confessions, And Compelled Testimony, Yale Kamisar

Articles

Professor Akhil Reed Amar and Ms. Renee B. Lettow have written a lively, provocative article that will keep many of us who teach constitutional-criminal procedure busy for years to come. They present a reconception of the "first principles" of the Fifth Amendment, and they suggest a dramatic reconstruction of criminal procedure. As a part of that reconstruction, they propose, inter alia, that at a pretrial hearing presided over by a judicial officer, the government should be empowered to compel a suspect, under penalty of contempt, to provide links in the chain of evidence needed to convict him.


Violent Youth And Public Policy: A Case Study Of Juvenile Justice Law Reform, Barry C. Feld Jan 1995

Violent Youth And Public Policy: A Case Study Of Juvenile Justice Law Reform, Barry C. Feld

Articles

The purpose of this article by Feld was to examine the work of Minnesota's Juvenile Justice Task Force of 1994 in light of policy, case law, and prior task force recommendations. The author, a member and co-chair of the Task Force, analyzed revisions in the Minnesota juvenile justice adjudicatory system as it converged juvenile and criminal court adjudication procedures and philosophy. Ultimately, the recommendations of the Task Force were presented and accepted by the Minnesota legislature, and subsequently included Minnesota's 1994 Juvenile Crime Bill.


The Jurisprudence Of Antitrust, Daniel J. Gifford Jan 1995

The Jurisprudence Of Antitrust, Daniel J. Gifford

Articles

ANTITRUST law is widely perceived to be the legal guardian of the competitive process. To the extent that it performs its role, the nation benefits. In the short-term, the nation benefits from a market process which efficiently allocates society's resources in accordance with consumer demand. In the long-term, the nation benefits as more efficient producers gradually replace less efficient producers, thus lowering the cost and increasing the supply of goods and services.


Fuzzifying The Natural Law--Legal Positivist Debate, Edward S. Adams, Torben Spaak Jan 1995

Fuzzifying The Natural Law--Legal Positivist Debate, Edward S. Adams, Torben Spaak

Articles

Legal scholars have long debated various theories of law. The debate between natural lawyers and legal positivists is case in point. This debate centers, as is well known, on the claim that there is a conceptual connection between law and morality. Natural law theorists maintain that there is such a connection, whereas legal positivists maintain that there isn't. The dialogue in this article details the respective positions of a natural law theorist, Naturalis, a legal positivist, Positivus, and a fuzzy logician, Multivalus, with regard to a case that arose in post-war Germany. As the dialogue highlights, fuzzy logic is ...


Strategic Approaches To Crime Prevention, Michael Tonry, David P. Farrington Jan 1995

Strategic Approaches To Crime Prevention, Michael Tonry, David P. Farrington

Articles

No abstract provided.


Lessons Of State Guideline Reforms, Richard Frase Jan 1995

Lessons Of State Guideline Reforms, Richard Frase

Articles

No abstract provided.


Judicial Ethics Simulation Based Training, Stephen M. Simon, Maury S. Landsman Jan 1995

Judicial Ethics Simulation Based Training, Stephen M. Simon, Maury S. Landsman

Articles

The Judicial Ethics Education Project trains trial judges to be aware of ethical issues that arise in the trial process. The project employs case simulations that raise ethical and management issues requiring immediate attention during the course of a trial. The goal of the project is to provide sitting judges with a basis on which to make similar decisions during trials. The project grew out of and is incorporated into the Minnesota Judicial Trial Skills Training Program ("MJTSTP") at the University of Minnesota, which was created in 1986 by Professor Steve Simon and Judge Bertrand Portisky and is mandatory for ...


The Identity Of The Constitutional Subject, Michel Rosenfeld Jan 1995

The Identity Of The Constitutional Subject, Michel Rosenfeld

Articles

No abstract provided.


The Vestal And The Fasces: Property And The Feminine In Law And Psychoanalysis, Jeanne L. Schroeder Jan 1995

The Vestal And The Fasces: Property And The Feminine In Law And Psychoanalysis, Jeanne L. Schroeder

Articles

No abstract provided.


Freud As Law Professor: An Alternative History, Charles M. Yablon Jan 1995

Freud As Law Professor: An Alternative History, Charles M. Yablon

Articles

No abstract provided.


Translating Legendre Or, The Poetical Sermon Of A Contemporary Jurist, Peter Goodrich Jan 1995

Translating Legendre Or, The Poetical Sermon Of A Contemporary Jurist, Peter Goodrich

Articles

No abstract provided.


Forty Years In The Desert, Paul F. Campos Jan 1995

Forty Years In The Desert, Paul F. Campos

Articles

The author uses Brown v. Board of Education and the volumes of commentary it has provoked to illustrate that coherent constitutional interpretation is a useless exercise. He argues that the decision should be accepted as political reality and moral necessity and that we should cease debating its merit as constitutional interpretation.


Legal Emotion: The Women's Story In Totem And Taboo, Arthur J. Jacobson Jan 1995

Legal Emotion: The Women's Story In Totem And Taboo, Arthur J. Jacobson

Articles

No abstract provided.


Incoming Drug Calls And Performative Words: They're Not Just Talking About It, Baron Parke!, Christopher B. Mueller Jan 1995

Incoming Drug Calls And Performative Words: They're Not Just Talking About It, Baron Parke!, Christopher B. Mueller

Articles

No abstract provided.


Affirmative Action As A Women's Issue, Helen Norton Jan 1995

Affirmative Action As A Women's Issue, Helen Norton

Articles

No abstract provided.


Tripartite Voidable Preferences, David Gray Carlson Jan 1995

Tripartite Voidable Preferences, David Gray Carlson

Articles

This paper applies Jacques Lacan's theory of retrospective cause to the jurisprudence of H.L.A. Hart and his followers. The thesis is that "effect" (judicial decision) precedes "cause" (law). The proper tense for legal discourse is, therefore, future anterior. The following points follow from this: (1) Positivism asserts that law is not necessarily connected to morality, but this is a priori wrong. Law wishes to be separate from morality, but it necessarily fails. (2) The theory vindicates Dworkin's notorious "right answers" theory, but makes the additional point that there is only one answer: you are guilty; you ...


Standards Of Professional Conduct In Alternative Dispute Resolution, John Feerick, Carol Izumi, Kimberlee Kovach, Lela Love, Robert Moberly, Leonard Riskin, Edward Sherman Jan 1995

Standards Of Professional Conduct In Alternative Dispute Resolution, John Feerick, Carol Izumi, Kimberlee Kovach, Lela Love, Robert Moberly, Leonard Riskin, Edward Sherman

Articles

No abstract provided.


Eti, Phone The Department Of Labor: Economically Targeted Investments, Ib 94-1 And The Reincarnation Of Industrial Policy, Edward A. Zelinsky Jan 1995

Eti, Phone The Department Of Labor: Economically Targeted Investments, Ib 94-1 And The Reincarnation Of Industrial Policy, Edward A. Zelinsky

Articles

No abstract provided.


Law, Force, And The Russian Media, Monroe E. Price Jan 1995

Law, Force, And The Russian Media, Monroe E. Price

Articles

No abstract provided.


The Legality Of Humanitarian Intervention, Malvina Halberstam Jan 1995

The Legality Of Humanitarian Intervention, Malvina Halberstam

Articles

No abstract provided.


Rediscovering Francis Lieber: An Afterward And Introduction, Michael Herz Jan 1995

Rediscovering Francis Lieber: An Afterward And Introduction, Michael Herz

Articles

No abstract provided.


Structuring The Ballot Initiative: Procedures That Do And Don't Work, Richard B. Collins, Dale Oesterle Jan 1995

Structuring The Ballot Initiative: Procedures That Do And Don't Work, Richard B. Collins, Dale Oesterle

Articles

No abstract provided.


International Environmental Law: Boundaries, Landmarks, And Realities, Lakshman Guruswamy Jan 1995

International Environmental Law: Boundaries, Landmarks, And Realities, Lakshman Guruswamy

Articles

No abstract provided.


A Great Loneliness Of Spirit, Charles F. Wilkinson Jan 1995

A Great Loneliness Of Spirit, Charles F. Wilkinson

Articles

No abstract provided.


Lessons From Reforming Inquisitorial Systems, William T. Pizzi Jan 1995

Lessons From Reforming Inquisitorial Systems, William T. Pizzi

Articles

No abstract provided.


What's Quality Got To Do With It?: Constitutional Theory, Politics, And Education Reform, Phil Weiser Jan 1995

What's Quality Got To Do With It?: Constitutional Theory, Politics, And Education Reform, Phil Weiser

Articles

No abstract provided.


Why Not A Shared Database For Legal Serial Patterns?, Georgia K. Briscoe Jan 1995

Why Not A Shared Database For Legal Serial Patterns?, Georgia K. Briscoe

Articles

Just as bibliographic records are shared by law libraries through a national database, serial publication pattern data could also be shared. The author presents a history of the movement toward such a database and offers a specific proposal for its creation.