Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 11 of 11

Full-Text Articles in Law

The Dilution Effect: Federalization, Fair Cross-Sections, And The Concept Of Community, Laura Gaston Dooley Jan 2004

The Dilution Effect: Federalization, Fair Cross-Sections, And The Concept Of Community, Laura Gaston Dooley

Law Faculty Publications

No abstract provided.


Cultural Impatience, Bruce Berner Jan 2004

Cultural Impatience, Bruce Berner

Law Faculty Publications

No abstract provided.


Fun With Dick And Jane And Lawrence: A Primer On Education Privacy As Constitutional Liberty, Susan P. Stuart Jan 2004

Fun With Dick And Jane And Lawrence: A Primer On Education Privacy As Constitutional Liberty, Susan P. Stuart

Law Faculty Publications

No abstract provided.


Still Part Of The Clan: Representing Elders In The Family Law Practice, Sy Moskowitz Jan 2004

Still Part Of The Clan: Representing Elders In The Family Law Practice, Sy Moskowitz

Law Faculty Publications

No abstract provided.


Models Wanted: The Search For An Effective Response To Human Trafficking, Elizabeth M. Bruch Jan 2004

Models Wanted: The Search For An Effective Response To Human Trafficking, Elizabeth M. Bruch

Law Faculty Publications

No abstract provided.


In Search Of Themis: Toward The Meaning Of The Ideal Legislator--Senator Edmund S. Muskie And The Early Development Of Modern American Environmental Law, 1965-1968, Robert F. Blomquist Jan 2004

In Search Of Themis: Toward The Meaning Of The Ideal Legislator--Senator Edmund S. Muskie And The Early Development Of Modern American Environmental Law, 1965-1968, Robert F. Blomquist

Law Faculty Publications

No abstract provided.


Self-Organizing Legal Systems: Precedent And Variation In Bankruptcy, Bernard Trujillo Jan 2004

Self-Organizing Legal Systems: Precedent And Variation In Bankruptcy, Bernard Trujillo

Law Faculty Publications

Models of legal ordering are frequently hierarchical. These models do not explain two prominent realities: (1) variation in the content of a legal system, and (2) patterns of non-hierarchical ordering that we observe. As a supplement to hierarchical explanations of legal order, this Article, drawing from physical and social science research on complex systems, offers a self-organizing model. The self-organizing model focuses on variation in the content of legal systems and attempts to explain the relationship between that variation and patterns of ordering. The self-organizing model demonstrates that variation and ordering are not opposite categories, but rather constitute one continuous …


The Priority Of Respect: How Our Common Humanity Can Ground Our Individual Dignity, Richard Stith Jan 2004

The Priority Of Respect: How Our Common Humanity Can Ground Our Individual Dignity, Richard Stith

Law Faculty Publications

In this essay, we notice that the priority of persons, the unbridgeable political gap between persons and mere things, corresponds to a special sort of moral and legal treatment for persons, namely, as irreplaceable individuals. Normative language that conflates the category of person with fungible kinds of being can thus appear to justify destroying and replacing human beings, just as we do with things. Lethal consequences may result, for example, from a common but improper extension of the word “value” to persons. The attitude and act called “respect” brings forth much more adequately than “value” the distinctively individual priority of …


Naming The Dragon: Litigating Race Issues During A Death Penalty Trial, Andrea Lyon Jan 2004

Naming The Dragon: Litigating Race Issues During A Death Penalty Trial, Andrea Lyon

Law Faculty Publications

No abstract provided.


Valuation In Veterinary Malpractice, Rebecca J. Huss Jan 2004

Valuation In Veterinary Malpractice, Rebecca J. Huss

Law Faculty Publications

This article begins with a description of veterinarians and the status of veterinary malpractice. Next, the article considers the elements and key issues involved in veterinary malpractice. The article then analyzes the current law relating to damages available in veterinary malpractice suits. Finally this paper considers whether the way current damage calculations are being made is apprpriate and advocates the the adoption of statutory provisions allowing capped non-economic damages in these cases.


The Presidential Oath, The American National Interest And A Call For Presiprudence, Robert F. Blomquist Jan 2004

The Presidential Oath, The American National Interest And A Call For Presiprudence, Robert F. Blomquist

Law Faculty Publications

No abstract provided.