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Articles 1 - 7 of 7

Full-Text Articles in Law

Juries And Damages: A Commentary, Nancy S. Marder Feb 1998

Juries And Damages: A Commentary, Nancy S. Marder

All Faculty Scholarship

No abstract provided.


Naked Politics, Federal Courts Law, And The Canon Of Acceptable Arguments, Michael Wells Jan 1998

Naked Politics, Federal Courts Law, And The Canon Of Acceptable Arguments, Michael Wells

Scholarly Works

In this Article, I argue that there is a wide gap between the aspirations and the actual operation of Federal Courts law. I maintain that, despite the conversational rule forbidding it, raw substance in fact wields significant influence in the resolution of Federal Courts issues. For example, the familiar argument that federal courts should be favored because they are more "sympathetic" to federal claims is really an appeal to naked politics. The empirical premise of this and other arguments of naked politics is that there are structural differences between federal and state courts which affect the outcomes of close cases ...


Rehabilitative Punishment And The Drug Treatment Court Movement, Richard C. Boldt Jan 1998

Rehabilitative Punishment And The Drug Treatment Court Movement, Richard C. Boldt

Washington University Law Review

Part I of this Article briefly summarizes the history of rehabilitative penal practice in the United States during the twentieth century. The discussion pays special attention to the sustained critique of the rehabilitative ideal offered by left-liberal commentators twenty-five to thirty years ago. The discussion analyzes particular shortcomings that plagued corrections practices at this earlier juncture and explores the relevance of that history to today's drug treatment courts. Part II builds on the observation of the left-liberal critics that rehabilitative penal regimes, by blending punitive and therapeutic impulses, often seek to accomplish incompatible goals. This Part suggests that this ...


An Open Courtroom: Should Cameras Be Permitted In New York State Courts?, Jay C. Carlisle Jan 1998

An Open Courtroom: Should Cameras Be Permitted In New York State Courts?, Jay C. Carlisle

Pace Law Faculty Publications

On June 30, 1997, the State of New York became one of the nation's few states which does not permit audio-visual coverage of court proceedings. There are several potent arguments in the determination of whether cameras should be permitted in courtroom proceedings. This article will briefly summarize the history of the use of cameras in New York State courts, and then, set out the arguments for and against their use in the state's judicial system. The article is prompted by the book entitled “An Open Courtroom: Cameras in New York Courts” which was published in 1997 by the ...


Rights Against Rules: The Moral Structure Of American Constitutional Law, Matthew D. Adler Jan 1998

Rights Against Rules: The Moral Structure Of American Constitutional Law, Matthew D. Adler

Faculty Scholarship

Constitutional rights are conventionally thought to be "personal" rights. The successful constitutional litigant is thought to have a valid claim that some constitutional wrong has or would be been done "to her"; the case of "overbreadth," where a litigant prevails even though her own conduct is permissibly regulated, is thought to be unique to the First Amendment. This "personal" or "as-applied" view of constitutional adjudication has been consistently and pervasively endorsed by the Supreme Court, and is standardly adopted by legal scholars.

In this Article, I argue that the conventional view is incorrect. Constitutional rights, I claim, are rights against ...


Sovereign Indignity? Values, Borders And The Internet: A Case Study, Eric Easton Jan 1998

Sovereign Indignity? Values, Borders And The Internet: A Case Study, Eric Easton

All Faculty Scholarship

This article focuses on the publication ban issued by a Canadian court in a notorious murder trial, and the popular reaction to the publication ban, as a case study of the new global communications environment. Part I reconstructs the factual circumstances that provoked the ban, as well as the responses of the media, the legal establishment, and the public. Part II examines the ban itself, the constitutional challenge mounted by the media, and the landmark Dagenais decision. Part III reflects on the meaning of the entire episode for law, journalism, and national sovereignty.

The Dagenais decision demonstrates the continued independence ...


Copyright Opinions And Aesthetic Theory, Alfred C. Yen Jan 1998

Copyright Opinions And Aesthetic Theory, Alfred C. Yen

Boston College Law School Faculty Papers

In this Article the author contends that judges should be conscious of aesthetics when deciding copyright cases. However, given the inherent ambiguity of aesthetics and the supposedly objective rules and principles that govern judicial opinions, courts implicitly assume a sharp divide between aesthetic reasoning and legal reasoning. Additionally, because aesthetic choices by judges could potentially be deemed government censorship, the two are further considered incompatible. The author argues, however, that this distinction is illusory in that a truly open-minded copyright jurisprudence requires explicit awareness of aesthetics. This argument is supported firstly by a description of four major movements from aesthetic ...