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Articles 1 - 30 of 30
Full-Text Articles in Law
Response To Levin And Shultz, Paul D. Carrington
Response To Levin And Shultz, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Is Subjectivity Possible - The Post-Modern Subject In Legal Theory, James Boyle
Is Subjectivity Possible - The Post-Modern Subject In Legal Theory, James Boyle
Faculty Scholarship
This article puts forward a thesis and then attempts to prove (or at least to develop) that thesis in two related areas. The thesis is that legal theory in general, and critical legal theory in particular, has concentrated too much on critiques of objectivity, wrongly assuming that "subjectivity" was an unproblematic term. Subjectivity, like mortality, has seemed not only attainable but inevitable. It is objectivity which is presumed to be the problematic goal of our theories and our attempts at doctrinal interpretation. This article reverses the focus, concentrating on the construction of subjectivity in law and social theory... Having pointed …
The Enduring Example Of John Marshall Harlan: “Virtue As Practice” In The Supreme Court, William W. Van Alstyne
The Enduring Example Of John Marshall Harlan: “Virtue As Practice” In The Supreme Court, William W. Van Alstyne
Faculty Scholarship
Twenty years after his last term on the Supreme Court, whatever else complimentary may be written of Justice John Marshall Harlan's sixteen years on the Court (1955-1971), it ought not be said that, in the era of the Warren Court, he was a leading champion of civil liberties and of civil rights.
The Law Library Of Congress And The Legal Profession, Richard A. Danner
The Law Library Of Congress And The Legal Profession, Richard A. Danner
Faculty Scholarship
No abstract provided.
Prospective Self-Denial: Can Consumers Contract Today To Accept Health Care Rationing Tomorrow?, Clark C. Havighurst
Prospective Self-Denial: Can Consumers Contract Today To Accept Health Care Rationing Tomorrow?, Clark C. Havighurst
Faculty Scholarship
No abstract provided.
Jury-Determined Settlements And Summary Jury Trials: Observations About Alternative Dispute Resolution In An Adversary Culture, Neil Vidmar, Jeffrey J. Rice
Jury-Determined Settlements And Summary Jury Trials: Observations About Alternative Dispute Resolution In An Adversary Culture, Neil Vidmar, Jeffrey J. Rice
Faculty Scholarship
No abstract provided.
Congress Accepts Supreme Court’S Invitation To Codify Supplemental Jurisdiction, Thomas D. Rowe Jr., Thomas M. Mengler, Stephen B. Burbank
Congress Accepts Supreme Court’S Invitation To Codify Supplemental Jurisdiction, Thomas D. Rowe Jr., Thomas M. Mengler, Stephen B. Burbank
Faculty Scholarship
Congress' codification of supplemental jurisdiction in response to the Supreme Court decision in Finley v. United States (1989) serves as a model of successful dialogue between the judicial and legislative branches.
Recent Developments: Regulation Of Racist Speech: In Re Welfare Of R.A.V., Ernest A. Young
Recent Developments: Regulation Of Racist Speech: In Re Welfare Of R.A.V., Ernest A. Young
Faculty Scholarship
No abstract provided.
Electronic Surveillance, Kimberly D. Krawiec
Electronic Surveillance, Kimberly D. Krawiec
Faculty Scholarship
No abstract provided.
To Confront Or Not To Confront: Measuring Claiming Rates In Discrimination Grievances, Neil Vidmar, Herbert M. Kritzer, W. A. Bogart
To Confront Or Not To Confront: Measuring Claiming Rates In Discrimination Grievances, Neil Vidmar, Herbert M. Kritzer, W. A. Bogart
Faculty Scholarship
This note reexamines the generally accepted belief that persons with discrimination-related grievances are much less likely to complain about their problem than are persons with grievances arising from consumer purchases, torts, or other common kinds of personal problems. We find that previously reported analyses greatly overstate the gap between complaining in discrimination problems and other kinds of problems. Drawing on data from three surveys, each conducted in a different country (the United States, Canada, and Australia), we find that for some types of discrimination problems the level of complaining in fact equals or exceeds complaining in other arenas.
Criminal Abortion Revisited, Samuel W. Buell
Criminal Abortion Revisited, Samuel W. Buell
Faculty Scholarship
This note focuses on the issue of the state's application of the criminal law as a sanction against women who choose to have abortions. History reveals that pre-Roe criminal-abortion law-both by its terms and in its application-expressed an incoherent attitude toward the culpability of these women. While criminal-abortion laws treated the abortionist as a serious felon, sending him to prison for up to twenty years,' the same statutes either did not cover the woman seeking an abortion, or, if the statutes did deem her a criminal, prosecutors and courts refused or neglected to hold her liable criminally. The law instead …
Accreditation And The Aals The Boalt Affair, Paul D. Carrington
Accreditation And The Aals The Boalt Affair, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Current Trends In The American Law Of Punitive Damages, George C. Christie
Current Trends In The American Law Of Punitive Damages, George C. Christie
Faculty Scholarship
No abstract provided.
Saddam Hussein: Master Air Strategist, Charles J. Dunlap Jr.
Saddam Hussein: Master Air Strategist, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
A Unified Approach To Justiciability, Erwin Chemerinsky
A Unified Approach To Justiciability, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
In Defense Of Truth, Erwin Chemerinsky
Ending The Marathon: It Is Time To Overrule “Northern Pipeline”, Erwin Chemerinsky
Ending The Marathon: It Is Time To Overrule “Northern Pipeline”, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Ending The Parity Debate, Erwin Chemerinsky
The Aftermath Of Injury: Cultural Factors In Compensation Seeking In Canada And The United States, Neil Vidmar, Herbert M. Kritzer, W. A. Bogart
The Aftermath Of Injury: Cultural Factors In Compensation Seeking In Canada And The United States, Neil Vidmar, Herbert M. Kritzer, W. A. Bogart
Faculty Scholarship
Injury is common in all societies. Americans are perceived as quick to respond to injury by turning to the legal system. This article compares compensation seeking by Americans and Canadians, examining the degree to which cultural factors shape the response of injured parties in the two countries and the extent to which resources and experiences influence individual action. Drawing on two large-scale telephone surveys, one conducted in five federal judicial districts around the United States and one conducted in the Canadian province of Ontario, the article looks at the factors that influence claiming and seeking legal assistance. The overall patterns …
The New Order In Judicial Rulemaking, Paul D. Carrington
The New Order In Judicial Rulemaking, Paul D. Carrington
Faculty Scholarship
Factional politics is jeopardizing the federal rulemaking process. What is needed is an independent group to organize efforts to protect the rules in Congress and to provide a constituency for the Supreme Court in the exercise of its authority under the Rules Enabling Act.
From The Editor: Supporting Professional Research, Richard A. Danner
From The Editor: Supporting Professional Research, Richard A. Danner
Faculty Scholarship
No abstract provided.
A Coda On Supplemental Jurisdiction, Thomas D. Rowe Jr., Stephen B. Burbank, Thomas M. Mengler
A Coda On Supplemental Jurisdiction, Thomas D. Rowe Jr., Stephen B. Burbank, Thomas M. Mengler
Faculty Scholarship
Response to Thomas C. Arthur and Richard D. Freer, 40 Emory Law Journal 963, Fall 1991
Autobiography And Legal Scholarship And Teaching: Finding The Me In The Legal Academy, Jerome M. Culp
Autobiography And Legal Scholarship And Teaching: Finding The Me In The Legal Academy, Jerome M. Culp
Faculty Scholarship
No abstract provided.
Judicial Responses To The Recent Enforcement Activities Of The Federal Banking Regulators, Lawrence G. Baxter
Judicial Responses To The Recent Enforcement Activities Of The Federal Banking Regulators, Lawrence G. Baxter
Faculty Scholarship
No abstract provided.
Firing Legal Canons And Shooting Blanks: Finding A Neutral Way In The Law, Jerome M. Culp
Firing Legal Canons And Shooting Blanks: Finding A Neutral Way In The Law, Jerome M. Culp
Faculty Scholarship
The search in the humanities and history for a canon, a way of instruction and a mode of discourse, has affected the law.
Congress Stories, Christopher H. Schroeder
Compounding Or Creating Confusion About Supplemental Jurisdiction? A Reply To Professor Freer, Thomas D. Rowe Jr., Stephen B. Burbank, Thomas M. Mengler
Compounding Or Creating Confusion About Supplemental Jurisdiction? A Reply To Professor Freer, Thomas D. Rowe Jr., Stephen B. Burbank, Thomas M. Mengler
Faculty Scholarship
Response to Richard D. Freer, 40 Emory Law Journal 445, 1991
The American Jury At Twenty-Five Years, Neil Vidmar, Valerie P. Hans
The American Jury At Twenty-Five Years, Neil Vidmar, Valerie P. Hans
Faculty Scholarship
reviewing Harry Kalven, Jr. and Hans Zeisel, The American Jury (1966)
A Process Of Denial: Bork And Post-Modern Conservatism, James Boyle
A Process Of Denial: Bork And Post-Modern Conservatism, James Boyle
Faculty Scholarship
No abstract provided.
Lesbian And Gay Rights As Human Rights: Strategies For A United Europe, Laurence R. Helfer
Lesbian And Gay Rights As Human Rights: Strategies For A United Europe, Laurence R. Helfer
Faculty Scholarship
No abstract provided.