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1993

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Articles 1 - 30 of 73

Full-Text Articles in Law

The Law And Metaphor Of Boycott, Gary Minda Oct 1993

The Law And Metaphor Of Boycott, Gary Minda

Buffalo Law Review

No abstract provided.


Of Suicide Machines, Euthanasia Legislation, And The Health Care Crisis, David R. Schanker Jul 1993

Of Suicide Machines, Euthanasia Legislation, And The Health Care Crisis, David R. Schanker

Indiana Law Journal

No abstract provided.


Police Authority, Respect And Shaming, Mark Findlay Jul 1993

Police Authority, Respect And Shaming, Mark Findlay

Research Collection School Of Law

This paper explores structures of police authority which seek legitimacy though consensus and respect within the ideology of community policing. Respect may be presented as one of the principal, voluntary bonding relationships within any community, and is proposed as a key to analysing the prevention and control potential of policing strategies. Shaming comes into the picture as an indicator of the impact of police authority within different community/cultural settings. While reintegration makes sense in terms of community symbolism, the significance of policing as part of the reintegrative process depends on its status and interaction with community interests.


The Bar In America: The Role Of Elitism In A Liberal Democracy, Philip S. Stamatakos Jul 1993

The Bar In America: The Role Of Elitism In A Liberal Democracy, Philip S. Stamatakos

University of Michigan Journal of Law Reform

Part I of this Note argues that liberal democracy, the free market, and science have contributed to the increasing atomization of American society. When each person and her views are glorified, universal standards of good become undermined, values become relative, and a sense of community becomes evanescent. Part II argues that individualism is incapable of accounting for the commonweal and therefore is inherently amoral because morality is concerned largely with determining when an individual's will should be subservient to the will of others. Part III considers the nature of elitism and equality and attributes the demise of elitist institutions ...


Some Thoughts On Poverty And Failure In The Market For Children's Human Capital, Lynn A. Stout Jun 1993

Some Thoughts On Poverty And Failure In The Market For Children's Human Capital, Lynn A. Stout

Cornell Law Faculty Publications

No abstract provided.


Book Review, Lisa M. White Jun 1993

Book Review, Lisa M. White

RISK: Health, Safety & Environment (1990-2002)

Review of: STUART M. SPEISER, LAWYERS AND THE AMERICAN DREAM. (Evans 1993) [430 pp.] Endnotes with full citations, index, and lexicon (lay definitions of legal terms). LC 93-35272; ISBN 0-87131-724-9. [$16.95 paper. 216 E. 49th Street, New York NY 10017.]


Risky Business: Courts, Culture, And The Marketplace, Tahirih V. Lee May 1993

Risky Business: Courts, Culture, And The Marketplace, Tahirih V. Lee

University of Miami Law Review

No abstract provided.


Administering Justice In A Consensus-Based Society, Koichiro Fujikura May 1993

Administering Justice In A Consensus-Based Society, Koichiro Fujikura

Michigan Law Review

A Review of Authority Without Power: Law and the Japanese Paradox by John O. Haley


The Writing On Our Walls: Finding Solutions Through Distinguishing Graffiti Art From Graffiti Vandalism, Marisa A. Gómez May 1993

The Writing On Our Walls: Finding Solutions Through Distinguishing Graffiti Art From Graffiti Vandalism, Marisa A. Gómez

University of Michigan Journal of Law Reform

This Note argues that outlawing graffiti completely is not an effective solution. The only effective means of controlling graffiti is to develop laws and policies which accommodate graffiti art while discouraging graffiti vandalism and which attack the root causes of graffiti. Part I briefly outlines the origins of graffiti. Part II describes the different types of graffiti and the motivations of their respective creators. Part III analyzes the arguments for and against the legalization of certain types of graffiti and concludes that, because of the multitude of different types of graffiti, both graffiti proponents and opponents have meritorious arguments that ...


Mindlessness And Nondurable Precautions, Paul J. Heald Apr 1993

Mindlessness And Nondurable Precautions, Paul J. Heald

Scholarly Works

Assuming initially that negligence law does not make the distinction between durable and nondurable precautions, this Article will first explain in economic terms why the failure of courts to take into account the cost of remembering may nonetheless be efficient. A substantial body of research on the phenomenon of mindless decisionmaking ("scripting") suggests that most remembering is automatic--a nonconscious response to frequently encountered patterns of stimuli. Script theory suggests that once the behavioral script is in place, an automatic response operates at a very low cost. If so, the failure of courts to account for the cost of remembering would ...


Mackinnon On Marx On Marriage And Morals: An Otsogistic Odyssey, Marc Linder Apr 1993

Mackinnon On Marx On Marriage And Morals: An Otsogistic Odyssey, Marc Linder

Buffalo Law Review

No abstract provided.


"But Whoever Treasures Freedom...": The Right To Travel And Extraterritorial Abortions, Seth F. Kreimer Mar 1993

"But Whoever Treasures Freedom...": The Right To Travel And Extraterritorial Abortions, Seth F. Kreimer

Faculty Scholarship at Penn Law

No abstract provided.


Saving The Self?, Daniel R. Ortiz Mar 1993

Saving The Self?, Daniel R. Ortiz

Michigan Law Review

In a recent article, Law, Politics, and the Claims of Community, Stephen A. Gardbaum accurately diagnoses one of the greatest problems in contemporary political and legal theory: the "complete confusion" about what communitarianism means.

Gardbaum's basic insight is, I think, both powerful and correct. We have been seeing contradiction and conflict where there often is none at all. As important and salutary as his account is, however, it deserves response. His taxonomy of communitarianism, the heart of his piece, well shows that communitarianism makes fundamentally different types of claims. It does not, however, make as many different kinds of ...


"Was Blind, But Now I See": White Race Consciousness And The Requirement Of Discriminatory Intent, Barbara J. Flagg Mar 1993

"Was Blind, But Now I See": White Race Consciousness And The Requirement Of Discriminatory Intent, Barbara J. Flagg

Michigan Law Review

Part I briefly reviews the case law that has established and elaborated the requirement of discriminatory intent. I discuss the theoretical background against which Washington v. Davis was decided, a debate over the possibility and propriety of judicial review of legislative motive. I suggest that the significant institutional difficulties associated with the triumphant discriminatory intent rule, together with the many substantive criticisms leveled against it, might lead one to expect to see relative doctrinal instability here. On the contrary, the requirement of discriminatory intent has been one of the most stable doctrines in modem constitutional law. I conclude with the ...


Farmers And Ranchers, Roger A. Lohmann Feb 1993

Farmers And Ranchers, Roger A. Lohmann

Faculty Scholarship

This book review, part of the third/nonprofit sector literature considers a case study of informal cooperation and decision-making in Shasta County, California. In certain key respects, the case parallels issues of the research literature on commons.


Medición De La Seguridad Jurídica, Horacio M. Lynch Jan 1993

Medición De La Seguridad Jurídica, Horacio M. Lynch

Horacio M. LYNCH

Concurso Asociación de Bancos de la República Argentina (ADEBA).


The Paradox Of Ideology, Justin Schwartz Jan 1993

The Paradox Of Ideology, Justin Schwartz

Justin Schwartz

A standard problem with the objectivity of social scientific theory in particular is that it is either self-referential, in which case it seems to undermine itself as ideology, or self-excepting, which seem pragmatically self-refuting. Using the example of Marx and his theory of ideology, I show how self-referential theories that include themselves in their scope of explanation can be objective. Ideology may be roughly defined as belief distorted by class interest. I show how Marx thought that natural science was informed by class interest but not therefore necessarily ideology. Capitalists have an interest in understanding the natural world (to a ...


Functional Explanation And Metaphysical Individualism, Justin Schwartz Jan 1993

Functional Explanation And Metaphysical Individualism, Justin Schwartz

Justin Schwartz

A number of (present or former) analytical Marxists, such as Jon Elster, have argued that functional explanation has almost no place in the social sciences. (Although the discussion is framed in terms of a debate among analytical Marxists, the point is quite general, and Marxism is used for illustrative purposes.) Functional explanation accounts for what is to be explained by reference to its function; thus, sighted organism have eyes because eyes enable them to see. Elster and other critics of functional explanation argue that this pattern of explanation is inconsistent with "methodological individualism," the idea, as they understand it, that ...


The Poverty Of Academic Rhetoric, Frederick Mark Gedicks Jan 1993

The Poverty Of Academic Rhetoric, Frederick Mark Gedicks

Faculty Scholarship

No abstract provided.


Chase Court And Fundamental Rights: A Watershed In American Constitutionalism, The , Robert J. Kaczorowski Jan 1993

Chase Court And Fundamental Rights: A Watershed In American Constitutionalism, The , Robert J. Kaczorowski

Faculty Scholarship

Three weeks before he died in May 1873, the frail and ailing Salmon P. Chase joined three of his brethren in dissent in one of the most important cases ever decided by the United States Supreme Court, the Slaughter-House Cases.1 This decision was a watershed in United States constitutional history for several reasons. Doctrinally, it represented a rejection of the virtually unanimous decisions of the lower federal courts upholding the constitutionality of revolutionary federal civil rights laws enacted in the aftermath of the Civil War. Institutionally, it was an example of extraordinary judicial activism in overriding the legislative will ...


Codifying Criminal Codes: Do Modern Codes Have It Right?, Paul H. Robinson Jan 1993

Codifying Criminal Codes: Do Modern Codes Have It Right?, Paul H. Robinson

Faculty Scholarship at Penn Law

No abstract provided.


Ignorance And Procedural Law Reform: A Call For A Moratorium, Stephen B. Burbank Jan 1993

Ignorance And Procedural Law Reform: A Call For A Moratorium, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


Racism And Patriarchy In The Meaning Of Motherhood, Dorothy E. Roberts Jan 1993

Racism And Patriarchy In The Meaning Of Motherhood, Dorothy E. Roberts

Faculty Scholarship at Penn Law

No abstract provided.


Rust V. Sullivan And The Control Of Knowledge, Dorothy E. Roberts Jan 1993

Rust V. Sullivan And The Control Of Knowledge, Dorothy E. Roberts

Faculty Scholarship at Penn Law

No abstract provided.


Foreword: The Criminal-Civil Distinction And Dangerous Blameless Offenders, Paul H. Robinson Jan 1993

Foreword: The Criminal-Civil Distinction And Dangerous Blameless Offenders, Paul H. Robinson

Faculty Scholarship at Penn Law

No abstract provided.


Captive Courts: The Destruction Of Judicial Decisions By Agreement Of The Parties, Jill E. Fisch Jan 1993

Captive Courts: The Destruction Of Judicial Decisions By Agreement Of The Parties, Jill E. Fisch

Faculty Scholarship at Penn Law

No abstract provided.


Making America Competitive, Mark J. Loewenstein Jan 1993

Making America Competitive, Mark J. Loewenstein

Articles

No abstract provided.


Note, Ackerman's Proposal For Popular Constitutional Lawmaking: Can It Realize His Aspirations For Dualist Democracy?, Philip J. Weiser Jan 1993

Note, Ackerman's Proposal For Popular Constitutional Lawmaking: Can It Realize His Aspirations For Dualist Democracy?, Philip J. Weiser

Articles

No abstract provided.


Sex Stories: A Review Of Sex And Reason, Margaret Chon Jan 1993

Sex Stories: A Review Of Sex And Reason, Margaret Chon

Faculty Scholarship

In this review of Sex Stories-A Review Of Sex And Reason by Richard A. Posner, Professor Chon explores the implications of Posner’s exuberant faith in bioeconomic reasoning, unalloyed by any of the late modernist or postmodernist challenges to the nature and limits of science and its transformative potential. In doing so, Professor Chon attempts three things. First, she discusses some of his sociobiological assertions in order to demonstrate that evolutionary biology consists of a much richer and more contradictory set of assertions than Posner would have us believe. Even within the empiricist framework, therefore, Posner leaves out many stories ...


Procedural Fairness And Incentive Programs: Reflections On The Environmental Choice Program, David S. Cohen Jan 1993

Procedural Fairness And Incentive Programs: Reflections On The Environmental Choice Program, David S. Cohen

Pace Law Faculty Publications

This paper explores the application of procedural fairness to the federal government’s Environmental Choice Program’s decision-making processes. While Canadian courts have traditionally required public bureaucrats to act “fairly” when implementing command models of regulation, they have only recently been confronted with demands that regulators implementing economic incentive programs also act in accordance with procedural fairness norms.