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1993

Journal Articles

Discipline
Institution
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Articles 1 - 30 of 97

Full-Text Articles in Law

Book Review (Reviewing Lee Epstein & Joseph F. Kobylka, The Supreme Court And Legal Change: Abortion And The Death Penalty (1992)), Gerald Rosenberg Dec 1993

Book Review (Reviewing Lee Epstein & Joseph F. Kobylka, The Supreme Court And Legal Change: Abortion And The Death Penalty (1992)), Gerald Rosenberg

Journal Articles

No abstract provided.


Readings By Our Unitary Executive, Lawrence Lessig Oct 1993

Readings By Our Unitary Executive, Lawrence Lessig

Journal Articles

No abstract provided.


Legal Scholarship Today, Richard A. Posner Jul 1993

Legal Scholarship Today, Richard A. Posner

Journal Articles

No abstract provided.


Fidelity In Translation, Lawrence Lessig May 1993

Fidelity In Translation, Lawrence Lessig

Journal Articles

Readings of the Constitution have changed. Sometimes they have changed because the constitutional text has changed. But more often they have changed while the text has remained the same. Can it be that these changed readings-changes that track no change in constitutional text-can nonetheless be readings of fidelity, faithful to the Constitution's original meaning? On some readings of originalism, the answer must be no. But this essay argues that any complete account of interpretive fidelity must allow--indeed require--changes in constitutional readings even when there has been no change in the constitutional text. If meaning is a function of both ...


Columbo Goes To Law School: Or, Some Thoughts On The Uses Of Television In The Teaching Of Law, Christine Corcos Jan 1993

Columbo Goes To Law School: Or, Some Thoughts On The Uses Of Television In The Teaching Of Law, Christine Corcos

Journal Articles

No abstract provided.


Toward A State Constitutional Analysis Of Allocation Of Powers: Legislators And Legislative Appointees Performing Administrative Functions, John Devlin Jan 1993

Toward A State Constitutional Analysis Of Allocation Of Powers: Legislators And Legislative Appointees Performing Administrative Functions, John Devlin

Journal Articles

No abstract provided.


Cataloging Reform: An Overview For Academic Law Librarians, Joseph W. Thomas Jan 1993

Cataloging Reform: An Overview For Academic Law Librarians, Joseph W. Thomas

Journal Articles

Mr. Thomas explains the issues involved in cataloging reform and suggest methods for streamlining procedures without destroying quality, with particular reference to academic law libraries.


Antitrust And Sports: Must Competition On The Field Displace Competition In The Market?, Joseph P. Bauer Jan 1993

Antitrust And Sports: Must Competition On The Field Displace Competition In The Market?, Joseph P. Bauer

Journal Articles

A casual glance at the daily newspapers would suggest that athletes and sports teams spend almost as much time squaring off in the courts as they do on the playing fields. Professional football players complain that the teams for which they play and the National Football League have conspired to impose illegal restraints on their ability to offer their services to other teams. A baseball team went to court to challenge the decision by the now-deposed Commissioner of Baseball to shift it from one division to another. College players, coaches, and universities all contend that various rules imposed by the ...


Severability, John C. Nagle Jan 1993

Severability, John C. Nagle

Journal Articles

When a court holds a provision of a statute unconstitutional, a question remains regarding the validity of the remainder of the statute. The court may find that the unconstitutional provision may be severed from the statute and leave the remainder of the statute in effect. Alternatively, the court may hold that the unconstitutional provision cannot be severed and invalidate the entire statute.

This article argues that the jurisprudence surrounding the issue of severability is confusing and inconsistent. After explaining the concept of severability and its ramifications for statutes, I trace the development of the current judicial test for determining when ...


Foreword: Religious Participation In Public Debate, Matthew Steffey Jan 1993

Foreword: Religious Participation In Public Debate, Matthew Steffey

Journal Articles

No abstract provided.


Organic Goods: Legal Understandings Of Work, Parenthood, And Gender Equality In Comparative Perspective, Paolo G. Carozza Jan 1993

Organic Goods: Legal Understandings Of Work, Parenthood, And Gender Equality In Comparative Perspective, Paolo G. Carozza

Journal Articles

The United States and Italy have taken quite different approaches toward providing legal protections for working parents. This Article uses a comparative perspective to highlight crucial aspects of the American legal and cultural attitudes towards parental leave. The author demonstrates how deeply rooted beliefs about equality, work, and family life have influenced the development of parental leave law. In particular, the Article describes how Italian law rests on notions of fundamental social equality, as well as on views concerning the importance of the interests of children and the family. As a result of this broad conception of the interests involved ...


"Mastering The Lawless Science Of Our Law": A Story Of Legal Citation Indexes, Patti J. Ogden Jan 1993

"Mastering The Lawless Science Of Our Law": A Story Of Legal Citation Indexes, Patti J. Ogden

Journal Articles

Ms. Ogden presents a history of American legal citation indexes, covering early nineteenth-century attempts, the development of modern citator systems by Frank Shepard and others, online citation systems, and the potential for future improvements in an essential tool of legal research.


How I Changed My Mind, Thomas L. Shaffer Jan 1993

How I Changed My Mind, Thomas L. Shaffer

Journal Articles

No abstract provided.


Orders Of Protection In Domestic Violence Cases: An Empirical Assessment Of The Impact Of The Reform Statutes, Kit Kinports, Karla Fischer Jan 1993

Orders Of Protection In Domestic Violence Cases: An Empirical Assessment Of The Impact Of The Reform Statutes, Kit Kinports, Karla Fischer

Journal Articles

The authors' concern that domestic violence reform statutes might not be having their intended effect sparked their decision to evaluate the protective order statutes empirically. The authors therefore distributed a lengthy survey to 843 domestic violence organizations nationwide that helped battered women obtain protective orders. The survey focused on three issues. The first issue was access to the courts: Is the protective order remedy accessible to battered women? The second issue related to the procedures for obtaining orders of protection: Are judges granting orders in appropriate cases, and are they awarding the full range of remedies contemplated by the reform ...


Recognizing And Enforcing State And Tribal Judgments: A Roundtable Discussion Of Law, Policy And Practice, Nell Jessup Newton Jan 1993

Recognizing And Enforcing State And Tribal Judgments: A Roundtable Discussion Of Law, Policy And Practice, Nell Jessup Newton

Journal Articles

No abstract provided.


Is The New York Times "Actual Malice" Standard Really Necessary? A Comparative Perspective, Geoffrey Bennett, Russell L. Weaver Jan 1993

Is The New York Times "Actual Malice" Standard Really Necessary? A Comparative Perspective, Geoffrey Bennett, Russell L. Weaver

Journal Articles

No abstract provided.


Does Sexual Harassment Require Proof Of Psychological Injury? An Analysis Of Harris V. Forklift Systems, Barbara J. Fick Jan 1993

Does Sexual Harassment Require Proof Of Psychological Injury? An Analysis Of Harris V. Forklift Systems, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Harris v. Forklift Systems, Inc., 510 U.S. 17 (1993). The author expected the Court to address whether, under Title VII the Civil Rights Act of 1965, a plaintiff is required to prove that he or she suffered psychological injury as a result of sexual harassment in the workplace in order to prove a hostile-environment.


The Legal Profession's Rule Against Vouching For Clients: Advocacy And The Manner That Is The Man Himself, Thomas L. Shaffer Jan 1993

The Legal Profession's Rule Against Vouching For Clients: Advocacy And The Manner That Is The Man Himself, Thomas L. Shaffer

Journal Articles

Modem American lawyers impose on one another regulatory rules that speak to the old argument but have not resolved it. One of these requires lawyers to advocate the interests of their clients with zeal; another forbids them from arguing that they believe what they say, or in the merit of what they are asking the government to do. The latter of these is a rule against vouching for clients. Rules that require zeal and forbid vouching seek to prevent both advertent deceit and an "unprofessional" limitation of advocacy to causes lawyers believe in. My claim is that these rules are ...


The Extraterritorial Application Of Antitrust Laws: A Postscript On Hartford Fire Insurance Co. V. California, Roger P. Alford Jan 1993

The Extraterritorial Application Of Antitrust Laws: A Postscript On Hartford Fire Insurance Co. V. California, Roger P. Alford

Journal Articles

No abstract provided.


Blackmail From A To C, Joseph Isenbergh Jan 1993

Blackmail From A To C, Joseph Isenbergh

Journal Articles

No abstract provided.


Monarch, Lackey, Or Judge?, Albert Alschuler Jan 1993

Monarch, Lackey, Or Judge?, Albert Alschuler

Journal Articles

No abstract provided.


The Demand For Judicial Review, Frank H. Easterbrook Jan 1993

The Demand For Judicial Review, Frank H. Easterbrook

Journal Articles

No abstract provided.


Some Reflections On The Gender Gap In Employment, Richard A. Epstein Jan 1993

Some Reflections On The Gender Gap In Employment, Richard A. Epstein

Journal Articles

No abstract provided.


Lucas V. South Carolina Coastal Council: A Tangled Web Of Expectations, Richard A. Epstein Jan 1993

Lucas V. South Carolina Coastal Council: A Tangled Web Of Expectations, Richard A. Epstein

Journal Articles

No abstract provided.


Law And Economics: Intellectual Arbitrage, Randal C. Picker Jan 1993

Law And Economics: Intellectual Arbitrage, Randal C. Picker

Journal Articles

No abstract provided.


Blackmail, Privacy, And Freedom Of Contract, Richard A. Posner Jan 1993

Blackmail, Privacy, And Freedom Of Contract, Richard A. Posner

Journal Articles

No abstract provided.


Irreversibility And The Law: The Size Of Firms And Other Organizations, Saul Levmore Jan 1993

Irreversibility And The Law: The Size Of Firms And Other Organizations, Saul Levmore

Journal Articles

No abstract provided.


Obligation Or Restitution For Best Efforts, Saul Levmore Jan 1993

Obligation Or Restitution For Best Efforts, Saul Levmore

Journal Articles

No abstract provided.


Harold Berman's Accomplishment As A Legal Historian, Richard H. Helmholz Jan 1993

Harold Berman's Accomplishment As A Legal Historian, Richard H. Helmholz

Journal Articles

No abstract provided.


The Seven Deadly Sins Of Takings Law: The Dissents In Lucas V. South Carolina Coastal Council, Richard A. Epstein Jan 1993

The Seven Deadly Sins Of Takings Law: The Dissents In Lucas V. South Carolina Coastal Council, Richard A. Epstein

Journal Articles

No abstract provided.