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Articles 1 - 30 of 37
Full-Text Articles in Law
The Failed Discourse Of State Constitutionalism, James A. Gardner
The Failed Discourse Of State Constitutionalism, James A. Gardner
Journal Articles
No abstract provided.
Privileged Violence, Principled Fantasy, And Feminist Method: The Colby Fraternity Case, Martha T. Mccluskey
Privileged Violence, Principled Fantasy, And Feminist Method: The Colby Fraternity Case, Martha T. Mccluskey
Journal Articles
No abstract provided.
The Colonial Origins Of Liberal Property Rights, Elizabeth B. Mensch
The Colonial Origins Of Liberal Property Rights, Elizabeth B. Mensch
Journal Articles
No abstract provided.
Sameness And Difference In A Law School Classroom: Working At The Crossroads, Judy Scales-Trent
Sameness And Difference In A Law School Classroom: Working At The Crossroads, Judy Scales-Trent
Journal Articles
No abstract provided.
The Role Of The Horrible In Understanding Medicine: A Meditation On David Rothman's Strangers At The Bedside, Edward P. Richards
The Role Of The Horrible In Understanding Medicine: A Meditation On David Rothman's Strangers At The Bedside, Edward P. Richards
Journal Articles
No abstract provided.
Proof In Law And Science, David H. Kaye
Proof In Law And Science, David H. Kaye
Journal Articles
This article addresses proof in both science and law. Both disciplines utilize proof of facts and proof of theories, but for different purposes and, consequently, in different ways. Some similarities exist, however, in how both disciplines use a series of premises followed by a conclusion to form an argument, and thus constitute a logic. This article analyzes the ways in which legal logic and scientific logic differ. Finding facts in law involves the same logic but quite different procedures than scientific fact-finding. Finding, or rather constructing, the law is also very different from scientific theorizing. But such differences do not …
Whatever Happened To The Fourth Amendment: Undocumented Immigrants' Rights After Ins V. Lopenz-Mendoza And United States V. Verdugo-Urquidez, Victor C. Romero
Whatever Happened To The Fourth Amendment: Undocumented Immigrants' Rights After Ins V. Lopenz-Mendoza And United States V. Verdugo-Urquidez, Victor C. Romero
Journal Articles
This Note rejects the Court's approach to the Fourth Amendment in Lopez and Verdugo and attempts to redefine the boundaries of Fourth Amendment protections for undocumented immigrants. Part I examines the impact of the Lopez and Verdugo decisions upon undocumented immigrants' Fourth Amendment rights. Part II evaluates the arguments for extending Fourth Amendment protections to undocumented immigrants. Viewing the Fourth Amendment as a restriction on government intrusion, Part III examines the constitutional remedies available to undocumented immigrants. This part rejects the Lopez restrictions on the applicability of the exclusionary rule and concludes that the Fourth Amendment neither draws distinctions among …
Where Have You Gone, Karl Llewellyn - Should Congress Turn Its Lonely Eyes To You, Stephen F. Ross
Where Have You Gone, Karl Llewellyn - Should Congress Turn Its Lonely Eyes To You, Stephen F. Ross
Journal Articles
The purpose of this paper is to explore what, if anything, Congress should do about the canons of statutory construction to prevent judges who are more conservative (or perhaps, in a future era, more progressive) than the majority of the legislature from employing those canons to distort or frustrate legislative policy preferences.
Tax Liability And Inarbitrability In International Commercial Arbitration, Thomas E. Carbonneau, Andrew W. Sheldrick
Tax Liability And Inarbitrability In International Commercial Arbitration, Thomas E. Carbonneau, Andrew W. Sheldrick
Journal Articles
This essay engages in a narrow but crucial inquiry into the limits the inarbitrability defense may now impose upon the exercise of arbitral jurisdiction. While it is assumed that matters relating directly to status and capacity, testamentary dispositions, and title to immovable property fall outside the jurisdictional reach of international arbitrators, the question becomes whether any national regulatory laws, such as tax laws, benefit from the same status of inviolability.
The Survival Of Civil Law In North America: The Case Of Louisiana, Thomas E. Carbonneau
The Survival Of Civil Law In North America: The Case Of Louisiana, Thomas E. Carbonneau
Journal Articles
There are legitimate historical reasons for speaking seriously about a civil law heritage in Louisiana. French and Spanish civilian influences permeated the Louisiana Civil Code when it was first enacted in 1808. The current status of the civil law in Louisiana, however, is problematic; the American common law methodology has made significant inroads into the operation of the current legal system. Separated from its parenting source by geography, time, and culture, Louisiana civil law has become an ill-defined civilian entity that, in reality, is more of a common law process with civil law trappings. The civil law nonetheless has a …
The Case For Self-Determination, Guyora Binder
The Case For Self-Determination, Guyora Binder
Journal Articles
This lecture offers an analysis and defense of the right of self-determination of peoples. The argument begins by analyzing self-determination into its universalist and nationalist components. The universalist component of self-determination is satisfied wherever institutions of government are majoritarian. The nationalist component of self-determination is satisfied to the extent that institutions of government are identified with particular communities. The universalist compoent is now widely recognized as an authoritative principle of international law. The nationalist component remains controversial, particularly outside of the particular context of the dismantling of European colonial empires. The lecture proceeds to defend the nationalist component by attacking …
Professionalism And Community: A Response To Terrell And Wildman, Robert E. Rodes
Professionalism And Community: A Response To Terrell And Wildman, Robert E. Rodes
Journal Articles
Professor Terrell and Mr. Wildman have earned our gratitude with their sober, thoughtful, lucid, and honest contribution to the ongoing discussion of professionalism. They have examined the problems with a sharp and critical eye, placed them in a social and historical perspective, and offered modest but genuinely helpful suggestions for solving them. They are quite free from the obfuscation and bombast that often appear when people address this difficult subject. Best of all, they have resisted the temptation to draw an invidious distinction between a profession and a business - a distinction that is often presented in ways that no …
The Bill Of Rights And Originalism, Gerard V. Bradley
The Bill Of Rights And Originalism, Gerard V. Bradley
Journal Articles
Professor Bradley begins the final installment of the University of Illinois Law Review's year-long tribute to the Bill of Rights by proposing that the first ten Amendments, like the Constitution itself, be interpreted according to the original understanding of their ratifiers. Professor Bradley, though, narrows the scope of the exegetical inquiry to what he proposes is the only sound originalism - plain meaning, historically recovered. Professor Bradley argues that interpreting the Bill of Rights according to the text's plain meaning among persons politically active at the time of drafting avoids both the inflexibility and philosophical deficiencies of "snapshot" conservative originalism …
Survey Of Recent Developments In Indiana Law: Labor And Employment Law, Barbara J. Fick
Survey Of Recent Developments In Indiana Law: Labor And Employment Law, Barbara J. Fick
Journal Articles
This article examines developments in labor and employment law occuring shortly before its publicaiton in 1992. The article discusses cases revisiting the Frampton rule, addressing employee defamation suits against employers, employment discrimination, issues arising in public sector employment, wage statutes, unemployment compensation, and workers' compensation. It also discusses a state statute prohibiting employment discrimination based on employees' off-duty use of tobacco.
Protecting Religious Liberty: Judicial And Legislative Responsibilities, Gerard V. Bradley
Protecting Religious Liberty: Judicial And Legislative Responsibilities, Gerard V. Bradley
Journal Articles
Is the First Amendment hostile to religion? Answering that question requires at least the usual professorial ration of caveats. I assure you that I will directly answer the question. I submit, though, that the caveats constitute a more important, deeper response, a response which questions the question itself. Were I more radical in my intellectual sympathies, I would propose to deconstruct the question.
Your Right To Privacy: A Selective Bibliography, Sandra S. Klein
Your Right To Privacy: A Selective Bibliography, Sandra S. Klein
Journal Articles
An awareness of relevant contemporary legal thought in the area of privacy is especially important today in light of what appears to be an increasing hostility to .the notion of individual privacy. The following bibliography considers privacy in terms of concept and application, and should prove useful to scholars, practitioners, and those seeking to gain more knowledge about this very important and complicated area of law.
Indian Claims In The Courts Of The Conqueror, Nell Jessup Newton
Indian Claims In The Courts Of The Conqueror, Nell Jessup Newton
Journal Articles
The Federal Circuit reviews Indian claims because Congress combined the former Court of Claims, which had jurisdiction over Indian claims, with the Court of Patent and Customs Appeals to create the new Claims Court. The jurisdiction of the Court of Claims also included some patent cases as well as tax, contract, pay suits, takings cases, and congressional reference cases. Congress added the Court of Claims to this mix in part to counter the argument that the two new courts, the Claims Court and the Federal Circuit, would become overly specialized.
Indian claims comprise only a tiny portion of the jurisdiction …
National Socialism And The Rule Of Law, Donald P. Kommers
National Socialism And The Rule Of Law, Donald P. Kommers
Journal Articles
Ingo Muller's book, originally published in 1987 as Furchtbare Juristen: Die unbewaltigte Vergangenheit unserer Justiz (literally "Dreadful Jurists: The Remorseless Past of Our Judiciary"), describes the moral collapse of the German legal profession and its role in facilitating the construction and maintenance of the Nazi regime. Gracefully translated by Deborah Lucas Schneider, Hitler's Justice seeks, first, to show how legal professionals betrayed their trust as lawyers, prosecutors, and judges and, second, to assess the degree to which Germany in the postwar period reformed its legal system, purged the judiciary of former Nazis, and rededicated itself to the rule of law. …
Asian Traditions And English Law, Geoffrey J. Bennett
Asian Traditions And English Law, Geoffrey J. Bennett
Journal Articles
Sebastian Poulter's book deals with a whole range of issues raised by the interplay of English law and Asian traditions. The areas covered include marriage, employment, children, and inheritance. In other words, all those topics are likely to affect most people in their everyday legal dealings.
The Extraterritorial Application Of Antitrust Laws: The United States And European Community Approaches, Roger P. Alford
The Extraterritorial Application Of Antitrust Laws: The United States And European Community Approaches, Roger P. Alford
Journal Articles
This Article compares the differing approaches of the United States and the European Community as they wrestle with the question of how to regulate foreign anticompetitive activity. More specifically, this Article highlights the distinctive features of the U.S. "effects doctrine" and the European Community's "implementation approach" and analyzes the differences that exist between the two systems. Only the U.S. doctrine openly provides for the consideration of international comity concerns, but both approaches have been used liberally to assert jurisdiction over foreign defendants. Part II of this Article provides a background to the subject by briefly outlining the traditional bases of …
The French Legal Profession: A Prisoner Of Its Glorious Past?, Tang Thi Thanh Trai Le
The French Legal Profession: A Prisoner Of Its Glorious Past?, Tang Thi Thanh Trai Le
Journal Articles
In 1978 a French television poll queried 982 viewers as to their images of the French lawyer (avocat). Of those polled, less than five percent held a positive view of the avocat. Eighteen percent of the 940 persons who expressed a negative view of the avocat simply conveyed this impression in general terms, but the remainder were more precise. Forty-eight percent of the respondents felt that the avocat was a "money sucker"; fourteen percent saw him as a man without conscience; and another fourteen percent believed that he acted with impunity within his bar. Four percent considered the bar to …
Lead Poisoning In Children: A Proposed Legislative Solution To Municipal Liability For Furnishing Lead-Contaminated Water, Anthony J. Bellia
Lead Poisoning In Children: A Proposed Legislative Solution To Municipal Liability For Furnishing Lead-Contaminated Water, Anthony J. Bellia
Journal Articles
Lead poisoning has become one of the most widespread and serious environmental diseases facing children in the United States. In response to the problem of childhood lead exposure, the Environmental Protection Agency (EPA) has promulgated expansive regulations to reduce drinking water lead levels. However, the regulations are not without significant gaps and shortfalls. Many improvements that the EPA requires need not be in place for years, and some households at risk of unsafe lead exposure receive no regulatory protection at all. One question that arises amidst these regulatory gaps is whether a plaintiff can hold a public water system liable …
Discourse And Difference—A Reply To Parness And Cogan, James A. Gardner
Discourse And Difference—A Reply To Parness And Cogan, James A. Gardner
Journal Articles
No abstract provided.
The Daughters Of Job: Property Rights And Women's Lives In Mid-Nineteenth-Century Massachusetts, Dianne Avery, Alfred S. Konefsky
The Daughters Of Job: Property Rights And Women's Lives In Mid-Nineteenth-Century Massachusetts, Dianne Avery, Alfred S. Konefsky
Journal Articles
No abstract provided.
Using Literature In Law School: The Importance Of Reading And Telling Stories, Judy Scales-Trent
Using Literature In Law School: The Importance Of Reading And Telling Stories, Judy Scales-Trent
Journal Articles
No abstract provided.
Gender And Specialization In The Practice Of Divorce Law, Richard J. Maiman, Lynn Mather, Craig A. Mcewen
Gender And Specialization In The Practice Of Divorce Law, Richard J. Maiman, Lynn Mather, Craig A. Mcewen
Journal Articles
No abstract provided.
Banning Broadcasting – A Transatlantic Perspective, Geoffrey Bennett, Russel L. Weaver
Banning Broadcasting – A Transatlantic Perspective, Geoffrey Bennett, Russel L. Weaver
Journal Articles
The British Government's decision to prohibit radio and television networks from airing interviews or statements by members of certain Northern Ireland organizations, or by allies and sympathizers of such organizations (the Broadcasting Ban or Ban) is analyzed in context. From an analysis of the Ban, some conclusions are drawn about the nature of judicial review.
Permanent Legislation To Correct Duro V. Reina, Nell Jessup Newton
Permanent Legislation To Correct Duro V. Reina, Nell Jessup Newton
Journal Articles
In Duro v. Reinal the Supreme Court held that Indian tribal courts do not have criminal jurisdiction over nonmember Indians. In so doing the Court extended its earlier holding in Oliphant v. Suquamish Indian Tribe, which had prevented tribes from exercising criminal jurisdiction over non-Indians and struck a serious blow to tribal sovereignty. The Oliphant decision has been soundly criticized as ahistorical and even dishonest, as well as essentially ethnocentric. The case also posed grave dangers to tribal people, because of the great number of nonmember Indians who live and work on Indian reservations, and the fact that nonmembers fall …
Doctrinal Synergies And Liberal Dilemmas: The Case Of The Yellow-Dog Contract, Barry Cushman
Doctrinal Synergies And Liberal Dilemmas: The Case Of The Yellow-Dog Contract, Barry Cushman
Journal Articles
The three decades spanning the years 1908 to 1937 saw a remarkable transformation of the Supreme Court's jurisprudence concerning the rights of workers to organize. In 1908, the Court held that a federal law prohibiting employers from discharging an employee because of his membership in a labor union violated the liberty of contract secured to the employer by the Fifth Amendment. In 1915, the Court similarly declared a state statute prohibiting the use of "yellow-dog" contracts unconstitutional. In 1937, by contrast, the Court upheld provisions of the Wagner Act prohibiting both discharges for union membership and the use of yellow-dog …
A Judicial Clerkship 24 Years After Graduation: Or, How I Spent My Spring Sabbatical, Joseph P. Bauer
A Judicial Clerkship 24 Years After Graduation: Or, How I Spent My Spring Sabbatical, Joseph P. Bauer
Journal Articles
The career path of many law professors includes a judicial clerkship - typically, right after graduation. Almost all law professors have extolled the clerkship experience and have written letters of recommendation for students applying for those positions. While I fall into the latter category, I did not fall into the former - at least not until my recent sabbatical.
When I was a law student, I gave no thought to a clerkship, and none of my teachers encouraged me to pursue that route. (In fact, graduating in 1969 at the height of the Vietnam War, I thought mainly - like …