Law Commons^™

Izvestiia As A Mirror Of Russian Legal Reform, Frances H. Foster

Vanderbilt Journal of Transnational Law

In this Article, Professor Foster explores the breakdown of legal authority in post-Soviet Russia by examining the experience of the Russian newspaper Izvestiia. The author recounts the power struggles between the Russian president and the parliament, each seeking to exercise sole control over the destiny of Izvestiia and of post-Soviet Russia. Professor Foster argues that Izvestiia's battle for survival is merely symptomatic of the overall structural, procedural, and attitudinal obstacles to Russian legal reform in the post-Soviet era. The author concludes that the key to successful establishment of a stable, democratic, law-based state is a fundamental reconstitution of Russian legal …

Parading Ourselves: Freedom Of Speech At The Feast Of St. Patrick, Larry Yackle

Faculty Scholarship

Three things are true. First, American society is now absorbed in yet another great civil rights movement, this one on behalf of gay, lesbian, and ambisexual citizens, which will lead ineluctably to the elimination of legal burdens on the basis of sexual orientation.' Change will come slowly, with much backing and filling, and at an awful price measured in human pain. Intolerance for the homosexualities that exist among us, and the homosexual behavior in which many of us engage, will persist in quarters where the law cannot reach.2 Yet private homophobia, deprived of legal sanction, will ultimately be discredited and …

The Law And Metaphor Of Boycott, Gary Minda

Buffalo Law Review

No abstract provided.

Theories Of Poetry, Theories Of Law, Lawrence Joseph

Vanderbilt Law Review

I write poetry." Also, since 1976, when I was admitted to practice before a state bar, I have served as a law clerk for a justice of a state supreme court, practiced, and mostly taught law. About the time that I began law school, while I was writing poems that would appear in my first book, an extraordinary change in jurisprudence began to occur, one which focused on legal language as something more than a medium for conveying singular meaning. This legal theory has become as important as any since legal realism. Because I also have written essays and re- …

1993 Academy Of Law Alumni Fellows Awards And Law Conference Dinner Invitation

Academy of Law Alumni Fellows

No abstract provided.

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 in …

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

Research Collection Yong Pung How 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.

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

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.]

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 …

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

Michigan Law Review

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

Post-Totalitarian Politics, Guyora Binder

Journal Articles

This review essay examines two Hegelian responses to the unexpected collapse of communism, both published in 1992: The End of History by Francis Fukuyama and Civil Society and Political Theory by Jean Cohen and Andrew Arato. Fukuyama’s book famously predicted that the triumph of markets would lead to the end of armed conflict. Cohen & Arato celebrated the role of civil society activists in overthrowing communism, and proposed that first world progressives follow a similar path to reform. This review essay argues that Fukuyama’s interpretation of Hegel as a cold war liberal ignores Hegel’s warnings about the anomic and antisocial …

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

Buffalo Law Review

No abstract provided.

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 …

Outing In The Time Of Aids: Legal And Ethical Considerations, John F. Hernandez

Faculty Articles

No abstract provided.

Buying Fertility: The Constitutionality Of Welfare Bonuses For Welfare Mothers Who Submit To Norplant Insertion, John R. Hand

Vanderbilt Law Review

In 1990, Wyeth-Ayerst Laboratories introduced Norplant, a five- year contraceptive consisting of six capsules that release contraceptive hormones when inserted in a woman's arm. Soon after the introduction of Norplant, a Philadelphia Inquirer editorial column stirred tremendous controversy when the author suggested that Norplant could solve the welfare problem if states would offer welfare mothers incentives to use the device.' Tremendous outrage and cries of racism, fascism and genocide prompted the Inquirer's Editor, Maxwell King, to apologize publicly and retract the editorial.'

Despite the fury, some states have introduced welfare reform bills that would do exactly what the Inquirer editorial …

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

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 …

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

All Faculty Scholarship

No abstract provided.

Farmers And Ranchers, Roger A. Lohmann

Faculty & Staff 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.

A Tasty Tidbit (Review Essay), John Henry Schlegel

Book Reviews

Reviewing Martin J. Horwitz, The Transformation of American Law 1870-1960: The Crisis of Legal Orthodoxy (1992).

A Guide To Enforcing The Community Reinvestment Act, Richard D. Marsico

Articles & Chapters

No abstract provided.

European Integration: Beyond 1992, Lloyd Bonfield

Articles & Chapters

No abstract provided.

Street Harassment And The Informal Ghettoization Of Women, Cynthia Grant Bowman

Cornell Law Faculty Publications

No abstract provided.

Artifactions: The Battle Over The National Endowment For The Arts, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.

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

Elisabeth Haub School of 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.

Prostitution And Male Supremacy, Andrea Dworkin

Michigan Journal of Gender & Law

The assumptions of academia can barely begin to imagine the reality of life for women in prostitution. Academic life is premised on the notion that there is a tomorrow and a next day and a next day; or that someone can come inside from the cold for time to study; or that there is some kind of discourse of ideas and a year of freedom in which you can have disagreements that will not cost you your life. These are premises that those who are students here or who teach here act on every day. They are antithetical to the …

An Analysis Of Individual, Institutional, And Cultural Pimping, Evelina Giobbe

Michigan Journal of Gender & Law

A pimp is a man .. .who takes all or a part of the earnings of women who sell their bodies for gain. He may have inveigled her into becoming a prostitute or acquired her after she started the business. Invariably he encourages her to continue in prostitution, and he may be either her lover or her husband, but always he is her supposed protector.