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Articles 1 - 30 of 53
Full-Text Articles in Law
On The Strength Of Its Human Dignity: The Pro-Life 1993 Decision Of The German Constitutional Court, Richard Stith
On The Strength Of Its Human Dignity: The Pro-Life 1993 Decision Of The German Constitutional Court, Richard Stith
Law Faculty Publications
No abstract provided.
The Tension Between Rules And Discretion In Family Law: A Report And Reflection, Carl E. Schneider
The Tension Between Rules And Discretion In Family Law: A Report And Reflection, Carl E. Schneider
Articles
The history of law is many things. But one of them is the story of an unremitting struggle between rules and discretion. The tension between these two approaches to legal problems continues to pervade and perplex the law today. Perhaps nowhere is that tension more pronounced and more troubling than in family law. It is probably impossible to practice family law without wrestling with the imponderable choice between rules and discretion. Consider, for example, how many areas of family law are now being fought over in-just those terms. For decades we have lived with an abundantly discretionary way of resolving …
The Myth Of The Impartial Judge, Jane C. Murphy
The Myth Of The Impartial Judge, Jane C. Murphy
All Faculty Scholarship
No abstract provided.
Why Pragmatism? The Puzzling Place Of Pragmatism In Critical Theory, Richard Warner
Why Pragmatism? The Puzzling Place Of Pragmatism In Critical Theory, Richard Warner
All Faculty Scholarship
No abstract provided.
"But Whoever Treasures Freedom...": The Right To Travel And Extraterritorial Abortions, Seth F. Kreimer
"But Whoever Treasures Freedom...": The Right To Travel And Extraterritorial Abortions, Seth F. Kreimer
All Faculty Scholarship
No abstract provided.
Privatizing Justice: A Jurisprudential Perspective On Labor And Employment Arbitration From The Steelworkers Trilogy To Gilmer (With R. Ladenson), Martin H. Malin
Privatizing Justice: A Jurisprudential Perspective On Labor And Employment Arbitration From The Steelworkers Trilogy To Gilmer (With R. Ladenson), Martin H. Malin
All Faculty Scholarship
No abstract provided.
In Pursuit Of The Counter-Text: The Turn To The Jewish Legal Model In Contemporary American Legal Theory, Suzanne Last Stone
In Pursuit Of The Counter-Text: The Turn To The Jewish Legal Model In Contemporary American Legal Theory, Suzanne Last Stone
Articles
Beginning with Professor Robert Cover's Nomos and Narrative, contemporary American legal scholars have increasingly turned, implicitly or more directly, to the Jewish legal tradition as an example of a legal system in which law is defined not by reference to the authority and power of the State, but rather by the commitment of a legal community to voluntarily-accepted legal obligations. These scholars depict the Jewish legal system as having successfully confronted - and resolved - several central dilemmas currently facing American law by maintaining a coherent legal system while accepting behavioral and interpretive pluralism. In this Article, Professor Stone shows …
Hate Crimes: Crimes Of Motive, Character, Or Group Terror?, Paul H. Robinson
Hate Crimes: Crimes Of Motive, Character, Or Group Terror?, Paul H. Robinson
All Faculty Scholarship
hate crimes, criminal liability
Building Bridges Between Theory And Practice, Activism And Scholarship, Elizabeth M. Schneider
Building Bridges Between Theory And Practice, Activism And Scholarship, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Sanism, Social Science, And The Development Of Mental Disability Law Jurisprudence, Michael L. Perlin, D.A. Dorfman
Sanism, Social Science, And The Development Of Mental Disability Law Jurisprudence, Michael L. Perlin, D.A. Dorfman
Articles & Chapters
This article examines the way that "sanist" attitudes (attitudes driven by the same kind of irrational, unconscious and bias-driven stereotypes exhibited in racist and sexist decisionmaking) lead to "pretextual" decisions (in which dishonest testimony is either explicitly or implicitly accepted) in mental disability law jurisprudence. In conjunction with these sanist ends, social science data is teleologically employed by legal decisionmakers, so that it is privileged when it supports a conclusion that the fact-finder wishes to reach but subordinated when it questions such a conclusion. The article examines recent Supreme Court cases in an effort to determine the extent of domination …
What Is Therapeutic Jurisprudence?, Michael L. Perlin
What Is Therapeutic Jurisprudence?, Michael L. Perlin
Articles & Chapters
No abstract provided.
Grammarians At The Gate: The Rehnquist Court's Evolving Plain Meaning Approach To Bankruptcy Jurisprudence, Walter Effross
Grammarians At The Gate: The Rehnquist Court's Evolving Plain Meaning Approach To Bankruptcy Jurisprudence, Walter Effross
Articles in Law Reviews & Other Academic Journals
No abstract provided.
An Essay On Private Remedies, Emily Sherwin
An Essay On Private Remedies, Emily Sherwin
Cornell Law Faculty Publications
No abstract provided.
The Supreme Court As The Cheshire Cat: Escaping The Section 1983 Wonderland, Jose R. "Beto" Juarez
The Supreme Court As The Cheshire Cat: Escaping The Section 1983 Wonderland, Jose R. "Beto" Juarez
Faculty Scholarship
No abstract provided.
The Breadth Of Context And The Depth Of Myth: Completing The Feminist Paradigm, Emily Calhoun
The Breadth Of Context And The Depth Of Myth: Completing The Feminist Paradigm, Emily Calhoun
Publications
No abstract provided.
Silence And The Word, Paul Campos
How To Do Things With The First Amendment, Pierre Schlag
How To Do Things With The First Amendment, Pierre Schlag
Publications
No abstract provided.
Girls Should Bring Lawsuits Everywhere . . . Nothing Will Be Corrupted: Pornography As Speech And Product, Marianne Wesson
Girls Should Bring Lawsuits Everywhere . . . Nothing Will Be Corrupted: Pornography As Speech And Product, Marianne Wesson
Publications
No abstract provided.
Juries, Judges And Democracy, (Reviewing Shannon C. Stimson, The American Revolution In The Law: Anglo-American Jurisprudence Before John Marshall (1990)), David K. Millon
Scholarly Articles
None available.
Why The Taint To Religion?: The Interplay Of Chance And Reason, Richard Stith
Why The Taint To Religion?: The Interplay Of Chance And Reason, Richard Stith
Law Faculty Publications
No abstract provided.
Judicial Review Of Defensive Tactics In Proxy Contests: When Is Using A Rights Plan Right?, Randall Thomas
Judicial Review Of Defensive Tactics In Proxy Contests: When Is Using A Rights Plan Right?, Randall Thomas
Vanderbilt Law School Faculty Publications
Proxy contests1 have reemerged recently as an important part of the market for corporate control. After years of indifference to corpo- rate elections, dissident shareholders have turned once again to the bal- lot box as a means of removing unwanted management. In a surprisingly large number of these battles, the challengers have succeeded in getting all or much of what they wanted." The resurgence of proxy contests has sparked renewed interest by incumbent managements in developing powerful new defensive tactics in corporate elections. Incumbents' time-honored campaign strategies, such as switching the annual shareholders' meeting date, or restricting the potential candidates …
Social Restraint Or Implicit Collusion?: Toward A Game Theoretic Analysis Of Stare Decisis, Erin O'Hara O'Connor
Social Restraint Or Implicit Collusion?: Toward A Game Theoretic Analysis Of Stare Decisis, Erin O'Hara O'Connor
Scholarly Publications
No abstract provided.
That Obscure Object Of Desire: Hermeneutics And The Autonomous Legal Text, Paul Campos
That Obscure Object Of Desire: Hermeneutics And The Autonomous Legal Text, Paul Campos
Publications
No abstract provided.
Disagreement And Interpretation, Robert F. Nagel
A Contemporary Definition Of The International Norm Of Self-Determination, S. James Anaya
A Contemporary Definition Of The International Norm Of Self-Determination, S. James Anaya
Publications
No abstract provided.
James Madison And Public Choice At Gucci Gulch: A Procedural Defense Of Tax Expenditures And Tax Institutions, Edward A. Zelinsky
James Madison And Public Choice At Gucci Gulch: A Procedural Defense Of Tax Expenditures And Tax Institutions, Edward A. Zelinsky
Articles
Few academic doctrines can claim the intellectual and political success of tax expenditure analysis. In roughly a generation's time, Professor Surrey's procedural and substantive critique of tax subsidies has become entrenched in the law school curriculum and in legal scholarship. More impressively, the tax expenditure concept has been enshrined in federal law and become part of the daily discourse of the national budget process.
Advocacy And Scholarship, Paul F. Campos
Advocacy And Scholarship, Paul F. Campos
Publications
The apex of American legal thought is embodied in two types of writings: the federal appellate opinion and the law review article. In this Article, the author criticizes the whole enterprise of doctrinal constitutional law scholarship, using a recent U.S. Supreme Court case and a Harvard Law Review article as quintessential examples of the dominant genre. In a rhetorical tour de force, the author argues that most of modern constitutional scholarship is really advocacy in the guise of scholarship. Such an approach to legal scholarship may have some merit as a strategic move towards a political end; however, it has …
Three Mistakes About Interpretation, Paul Campos
La Cour Constitutionnelle Roumaine. Premiers Pas. (The Romanian Constitutional Court. First Steps), Dana Neacsu
La Cour Constitutionnelle Roumaine. Premiers Pas. (The Romanian Constitutional Court. First Steps), Dana Neacsu
Law Faculty Publications
As a panel member, Constitutional Law Study and Research Group, University of Aix-Marseille III, France this Paper covered the early jurisprudence of the Romanian Constitutional Court (September 1993) (in French)
Book Review, Paul Campos