Law and Society Commons^™

Product Liability And Legal Leverage: The Perverse Effect Of Stiff Penalties, Michael S. Knoll

All Faculty Scholarship

No abstract provided.

The Second Time As Tragedy: The Assisted Suicide Cases And The Heritage Of Roe V. Wade, Seth F. Kreimer

All Faculty Scholarship

No abstract provided.

Psychopolitics Of International Crime: An Introduction, Ibpp Editor

International Bulletin of Political Psychology

This paper posits psychological consequences of international organized crime.

Relativism, Reflective Equilibrium, And Justice, Justin Schwartz

Justin Schwartz

THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS.

The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view is overwhelming: there is no such justice that can command universal assent. But the liberal critique of CLS, that it degenerates into …

If It Can't Be Lake Woebegone...A Nationwide Survey Of Law School Grading And Grade Normalization Practices, Nancy Levit, Robert Downs

Nancy Levit

This article explores various methods of grade normalization used by law schools. Based on a survey of 116 responding ABA accredited law schools, 84% have some form of grade normalization policy, and the trend is toward adoption of grade normalization. The survey assessed the types of normalization plans (distributional requirements, required means, required medians, set standard deviations, and informal policies), as well as the reasons schools have adopted such plans. It also inquired about methods for ensuring faculty compliance as well as justifications for departures from grade norms.

The article considers and responds to the arguments against grade normalization and …

Spiritual And Menial Housework, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.

The Nature Of Blacks' Skepticism About Genetic Testing, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.

Reforming The Federal Criminal Code: A Top Ten List, Paul H. Robinson

All Faculty Scholarship

No abstract provided.

Taking Boards Seriously, Jill E. Fisch

All Faculty Scholarship

No abstract provided.

From Black And White To High Definition Equal Protection, Seth F. Kreimer

All Faculty Scholarship

No abstract provided.

Protecting The Environment: Finding The Balance Between Delaney And Free Play, Geoffrey C. Hazard Jr., Howard C. Kunreuther

All Faculty Scholarship

No abstract provided.

Direct Effect Of International Economic Law In The United States And The European Union, Ronald A. Brand

Articles

One of the most important and challenging issues in international law is the manner in which we address the relationship between the individual and the international legal system. The traditional framework, in which we set a "sovereign" government between the individual and the development and application of the rules, is no longer sufficient in all circumstances. The fact that governments feel insecure or threatened by the application of international legal rules in actions brought by individuals is not sufficient reason to preclude that development. The purpose of government is not to perpetuate traditional power structures, it is to provide security …

Compelled Affirmations, Free Speech, And The U.S. Military's Don't Ask, Don't Tell Policy, Tobias Barrington Wolff

All Faculty Scholarship

No abstract provided.

Unshackling Black Motherhood, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.

Genetic Testing, Nature, And Trust, Anita L. Allen

All Faculty Scholarship

No abstract provided.

Nest Eggs And Stormy Weather: Law, Culture, And Black Women's Lack Of Wealth, Regina Austin

All Faculty Scholarship

No abstract provided.

The Utility Of Desert, Paul H. Robinson, John M. Darley

All Faculty Scholarship

The article takes up the debate between utility and desert as distributive principles for criminal liability and punishment and concludes that a utilitarian analysis that takes account of all costs and benefits will support the distribution of liability and punishment according to desert, or at least according to the principles of desert as perceived by the community. It reaches this conclusion after an examination of a variety of recent social science data. On the one hand, it finds the traditional utilitarian theories of deterrence, incapacitation, and rehabilitation to have little effect in many instances. It finds instead that the real …

Immigration Policy, Liberal Principles, And The Republican Tradition, Howard F. Chang

All Faculty Scholarship

No abstract provided.

Liberalized Immigration As Free Trade: Economic Welfare And The Optimal Immigration Policy, Howard F. Chang

All Faculty Scholarship

No abstract provided.