Law Commons^™

The Pathological Perspective And The First Amendment, Vincent A. Blasi

Faculty Scholarship

Constitutions are designed to control, or at least influence, future events – political events, adjudicative events, to some extent even interactions between private parties. Yet the future is unknowable, largely unpredictable, and inevitably variable. At any moment there exists a short-run future, a long-run future, and a future in between. The future is virtually certain to contain some progress, some regression, some stability, some volatility. How is a constitution supposed to operate upon this vast panoply?

That is a question that ought to loom large in the deliberations of persons who propose and ratify new constitutions and new constitutional amendments. …

Kidnapping: A Modern Definition, John L. Diamond

Faculty Scholarship

No abstract provided.

Tribute To Talbert B. Fowler, Jr., Jenni Parrish

Faculty Scholarship

No abstract provided.

The Anatomy Of A Torts Class, James Boyle

Faculty Scholarship

No abstract provided.

Recent Developments In Conflicts Of Law Notes, Michael M. Martin

Faculty Scholarship

No abstract provided.

Sociological And Human Developmental Explanations Of Crime: Conflict Or Consensus , Deborah W. Denno

Faculty Scholarship

This paper examines multidisciplinary correlates of delinquency in an attempt to integrate sociological and environmental theories of crime with human developmental and biological explanations of crime. Structural equation models are applied to assess links among biological, psychological, and environmental variables collected prospectively from birth through age 17 on a sample of 800 black children at high risk for learning and behavioral disorders. Results show that for both males and females, aggression and disciplinary problems in school during adolescence are the strongest predictors of repeat offense behavior. Whereas school achievement and family income and stability are also significant predictors of delinquency …

The Alaska Workers’ Compensation Law: Fact-Finding, Appellate Review, And The Presumption Of Compensability, Arthur Larson, John Lewis

Faculty Scholarship

No abstract provided.

A Symposium Of Critical Legal Studies: Introduction, James Boyle

Faculty Scholarship

No abstract provided.

Modernist Social Theory: Roberto Unger’S Passion, James Boyle

Faculty Scholarship

No abstract provided.

Whose Rights? What Danger?, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Legal Education And Public Policy, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.

Pedagogy Without Purpose: An Essay On Professional Responsibility Courses And Casebooks, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Rethinking State Action, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

The Military Justice System And Command Accountability, Charles J. Dunlap Jr.

Faculty Scholarship

The Long Commission, which investigated the terrorist bombing of the Beirut Marine barracks, recommended punitive action against officers in the chain of command. The president, however, ruled out courts-martial. This article examines the concept of command accountability and the role of the military justice system.

Professional dereliction and incompetence have rarely been punished since World War II. . . . Failure to do so has bred an atmosphere of professional unaccountability that encourages, because it does not penalize, repetition of failure on the battlefield.

More Is Not Less: A Rejoinder To Professor Marshall, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

The Politics Of Reason: Critical Legal Theory And Local Social Thought, James Boyle

Faculty Scholarship

No abstract provided.

James A. Martin, Paul D. Carrington

Faculty Scholarship

No abstract provided.

Professional Peer Review And The Antitrust Laws, Clark C. Havighurst

Faculty Scholarship

Professor Havighurst exhaustively explores the antitrust implications of fee, utilization, and quality-oriented peer review. He places such activity first in a theoretical context and then in an historical context that shows why peer review merits particular antitrust attention. He suggests the defending peer review on the same public-interest grounds as are used in defense of the actions of public regulatory bodies is conceptually mistaken. A more appropriate defense, he says, would be that properly conducted peer review-- which eschews coercion, performs an advisory function, and leaves to others the decision whether to act on its advice-- actually enhances competition in …

The Second Death Of Federalism, William W. Van Alstyne

Faculty Scholarship

No abstract provided.

Third-Party Action Over Against Workers’ Compensation Employer, Arthur Larson

Faculty Scholarship

Wages

Changing The Rules Of The Game: The New Fcc Regulations On Political Debates, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

The Transformation Of The Fourteenth Amendment: Reflections From The Admission Of Maryland's First Black Lawyers, David S. Bogen

Faculty Scholarship

October 10, 1985, was the one hundredth anniversary of the admission to the bar of the Supreme Bench of Baltimore City of Everett J. Waring, the first black lawyer admitted to practice before the state courts in Maryland. This article explores the efforts of African-American lawyers to establish the right to practice law in Maryland and their role in the larger struggle for political and civil rights.

Maternal Duties During Pregnancy: Toward A Conceptual Framework, Maxwell L. Stearns

Faculty Scholarship

No abstract provided.

Limits To Attorney-Client Confidentiality: A Philosophically Informed And Comparative Approach To Medical And Legal Ethics, Nancy J. Moore

Faculty Scholarship

The proper limits to attorney-client confidentiality are hotly debated by lawyers and legal scholars. Various drafts of the proposed Model Rules of Professional Conduct have included controversial provisions which call for the disclosure of adverse evidence and client perury, as well as more liberal disclosure of completed and intended client wrongdoing than is currently permitted under the Model Code of Professional Responsibility. This Article takes a comparative approach to the problem, utilizing a body of philosophical literature which explores the principle of confidentiality in the physician-patient context This "philosophically informed" approach sets out an analytical framework in which the controversies …

Ideals And Things: International Legal Scholarship And The Prison-House Of Language, James Boyle

Faculty Scholarship

No abstract provided.

“Of Law And The River,” And Of Nihilism And Academic Freedom, Paul D. Carrington, Peter W. Martin

Faculty Scholarship

No abstract provided.

The Sound Of Silence: An Epistle On Prayer And The Constitution, Walter E. Dellinger Iii

Faculty Scholarship

No abstract provided.

State Sovereignty And Federal Court Power: The Eleventh Amendment After “Pennhurst V. Halderman”, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

The Metamorphosis Of Legal Education Symposium On Legal Education, Peter L. Strauss

Faculty Scholarship

Professor Brook's remarks this morning provide a context for my own. I mean to say a word or two for the classical era. One of the characteristics of legal education over the past half century or so, one that we ought not give up, has been its passion for order in a chaotic world. Striking as it is to say that "a passion for order ill suits a chaotic world," the world has ever been chaotic – and that passion, our principal defense. The question is, with what principles of order do we exercise that passion, to subdue unruly fact. …

The Invention And Reinvention Of Welfare Rights, William H. Simon

Faculty Scholarship

This essay contrasts the jurisprudence of welfare entitlement developed by social workers during and after the New Deal with the lawyers' welfare jurisprudence of the past two decades.

I find this contrast interesting for two reasons. First, it brings to light an episode in the intellectual history of the American welfare state that lawyers have ignored – the development of an understanding of welfare as a legal right by another profession long before Charles Reich's The New Property and the literature that followed it made such a notion current among lawyers. Second, the contrast between the social workers' and the …