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1997 Distinguished Service Award And Alumni Reception Invitation (Indianapolis Alumni Reception Honoring Milton O. Thompson And John M. Hamilton)

Distinguished Service Awards

No abstract provided.

Treating Sexual Harassment With Respect, Anita Bernstein

Faculty Scholarship

No abstract provided.

1997 Distinguished Service Award And Alumni Reception Invitation (Washington D.C. Alumni Reception Honoring W. William Weeks)

Distinguished Service Awards

No abstract provided.

Juries: Arbiters Or Arbitrary?, Jeffrey J. Rachlinski

Cornell Law Faculty Publications

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

All Faculty Scholarship

No abstract provided.

What The Knicks Debacle Of '97 Can Teach Students About The Nature Of Rules, Robert A. Hillman

Cornell Law Faculty Publications

No abstract provided.

Are Housekeepers Like Judges?, Stephen P. Garvey

Cornell Law Faculty Publications

Professor Greenawalt proposes that we look at interpretation "from the bottom up." By taking a close look at informal relationships between an authority and his or her agent, and how the agent "faithfully performs" instructions within such relationships, he hopes to gain insight into the problems surrounding the interpretation of legal directives. The analysis of "faithful performance" in informal contexts which Professor Greenawalt presents in From the Bottom Up is the first step in a larger project. His next step is to see what lessons the interpretation of instructions in informal contexts has for law. This Comment tries to contribute …

Limited-Domain Positivism As An Empirical Proposition, Stewart J. Schwab

Cornell Law Faculty Publications

In his typically clear statement of a provocative thesis, Fred Schauer, along with his co-author, Virginia Wise, ask us to think about positivism in a new way. Their claim has two parts. First, Schauer and Wise redefine legal positivism as an empirical claim about the limited domain of information that legal decisionmakers use to make decisions. Second, they begin testing the extent to which our legal system in fact reflects this limited domain. Ironically, Schauer and Wise believe that positivism, so conceived, is "increasingly false." Thus, their two-part approach is, first, to declare that legal positivism should be conceived of …

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.

Cultural Criticism Of Law, Guyora Binder, Robert Weisberg

Journal Articles

Professors Binder and Weisberg expound a "cultural criticism" of law that views law as an arena for composing, representing, and contesting identity, and that treats identity as constitutive of the interests that motivate instrumental action. They explicate this critical method by reference to "New Historicist" literary criticism, postmodern social theory, and Nietzchean aesthetics. They illustrate this method by reviewing recent scholarship of two kinds: First, they explore how legal disputes take on expressive meaning for parties and observers against the background of legal norms regulating or recognizing identities. Second, they examine "readings" of the representations of character, credit, and value …

Where No Man Has Gone Before: Star Trek And The Death Of Cultural Relativism In America, Kenneth Anderson

Book Reviews

This 1997 Times Literary Supplement (London) essay reviews the 1996 Star Trek (Next Generation) film First Contact, along with a book of essays in cultural studies about Star Trek (Taylor Harrison, et al., Enterprise Zones: Critical Positions on Star Trek). Of greatest long term interest in the moral and political philosophy of Star Trek is the so-called Prime Directive - non interference in local culture on local planets. This Vietnam era ethic of cultural relativism was prominent in the original 1960s Star Trek series as much for its assertion as for being regularly violated by Captain Kirk and his crew. …

Toward Respectful Representation: Some Thoughts On Selling Same-Sex Marriage, Marc A. Fajer

Articles

No abstract provided.

Power Outage: Amplifying The Analysis Of Power In Legal Relations (With Special Application To Unconscionability And Arbitration), Michael Hunter Schwartz

McGeorge School of Law Scholarly Articles

No abstract provided.

Child Care Policy And The Welfare Reform Act, Peter R. Pitegoff

Faculty Publications

This article sketches the 1996 Welfare Reform Act's major changes with particular attention to federally subsidized child care for low-income families.

25 Divorce Attorneys And 40 Clients In Two Not So Big But Not So Small Cities In Massachusetts And California: An Appreciation, David L. Chambers

Reviews

Jane is meeting with her lawyer Peter. She has been complaining bitterly about a restraining order obtained ex parte by the lawyer for her husband Norb. The order bars her from entering the home that she still owns jointly with Norb and that Norb has continued to live in. She moved out voluntarily, as a gesture of good will, a short while before only to have her husband's lawyer run to court and secure the order she abhors. Readers first met Jane back in 1986 when Austin Sarat and William Felstiner published the first article growing out of their massive …

The Remoteness That Betrays Desire, Kenneth Anderson

Book Reviews

This 1997 review in the Times Literary Supplement covered the then, as now, incendiary issue of the nude photography of children and adolescents. It reviewed photobooks by two leading photographers of children in the nude, Jock Sturges and David Hamilton. Sturges, an American, photographed mainly on nude beaches in France and Europe, often following the same families and children for years on end; he had been indicted on child pornography charges in the 1908s, although the jury took only a few minutes to find for him. Hamilton, British, has photographed in France and in various islands. The photography of child …

Jaffee V. Redmond: Towards Recognition Of A Federal Counselor-Battered Woman Privilege, Fernando Laguarda, Michael B. Bressman

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri

Articles

No abstract provided.

Cable Tv, Indecency And The Court, Jonathan Weinberg

Law Faculty Research Publications

No abstract provided.

Roundtable Discussion: Visions For The Future, Daniel L. Greenberg (Moderator), Anthony V. Alfieri, Michelle Adams, Edgar S. Cahn, Jennifer Gordon, Luis Garden Acosta, Alan W. Houseman, Errol G. Louis, Esmerelda Simmons, David A. Thomas

Articles

No abstract provided.

The Inter-Subjectivity Of Objective Justice: A Theory And Praxis For Constructing Latcrit Coalitions, Elizabeth M. Iglesias

Articles

No abstract provided.

Voluntary Bonds: The Impact Of Habitat Ii On U.S. Housing Policy, Janet Stearns

Articles

No abstract provided.

Whoever Fights Monsters Should See To It That In The Process He Does Not Become A Monster: Hunting The Sexual Predator With Silver Bullets -- Federal Rules Of Evidence 413-415 -- And A Stake Through The Heart -- Kansas V. Hendricks, Joelle A. Moreno

Faculty Publications

No abstract provided.

Jaffee V. Redmond: Towards Recognition Of A Federal Counselor-Battered Woman Privilege, Michael Bressman

Vanderbilt Law School Faculty Publications

Part I of this Article reviews the Jaffee decision.' Part II discusses the meaning of the Supreme Court's opinion, focusing on the Court's analysis of the important interests at stake in recognizing the asserted testimonial privilege. In Part II, this Article argues that the Court followed the intent of Congress in crafting a psychotherapist- patient privilege. Furthermore, the extension of the privilege to cover confidential communications made to social workers indicates that there is room for further development of the privilege. In Part III, the Article argues that Jaffee provides the foundation for recognition of a counselor-battered woman privilege in …

Foreword: Toward A Radical And Plural Democracy, Robert S. Chang

Faculty Articles

In this foreword, Professor Chang lays the foundation for a discussion on the systematic discrimination built in to the United States democracy. He points out how this foundation caters to the prototypical straight, white male. The foreword ends with how these issues are addressed specifically in the symposium.

Rethinking Equality In The Global Society, Clark D. Cunningham

Faculty Publications By Year

No abstract provided.

Crime, Community Penalty And Integration With Legal Formalism In The South Pacific, Mark Findlay

Research Collection Yong Pung How School Of Law

The influence of introduced legality on prevailing culture, and vice versa, are common concerns for analysis when considering the existence and development of customary law. Much of the limited writing on law and custom prefers to speculate on the impact of introduced law on already present modes of regulation. While recognising these structuralist contexts of influence, often oversimplified as they are represented, this paper prefers to explore the adaptation of legal formalism in contexts of resilient and resonant custom.Further, the paper examines instances where despite the fact that custom has modified institutional legality, the latter claims predominance over culture or …

Racial Cross-Dressing, Robert S. Chang

Faculty Articles

Professor Chang provided a shorter version of this article as a talk at the First Annual LatCrit Conference sponsored by California Western School of Law and held in La Jolla, California from May 2-5, 1996. In this article Professor Chang addresses the subject of gender-bending - and for that matter, race bending – and how they may indeed "do" important political work, we must approach such performances with caution. They may represent instances of appropriation – as in misappropriation - just as easily as they may represent claims to solidarity and thus a basis for collective political action. Stated differently, …

Foreword: Citizenship And Its Discontents - Centering The Immigrant In The Inter/National Imagination (Part Ii), Robert S. Chang, Keith Aoki, Ibrahim Gassama

Faculty Articles

A couple of years ago, the Immigration and Naturalization Service (INS) swept through several southern states to round up and deport undocumented workers. The sweep was called Operation SouthPAW, PAW standing for "Protecting America's Workers." The roundup occurred in two phases, which curiously took place mostly before and after the harvest. The operation was celebrated by the INS and mainstream media as hugely successful in protecting America's workers (and thus America) from encroachment by "unauthorized" workers. But who gains ideologically and materially from such policing actions? Who loses? These questions of material profit and ideological benefit lie at the heart …

Radical Plural Democracy And The Internet, Margaret Chon

Faculty Articles

By examining the consequences that particular social practices on the Internet have in physical space, this essay attempts to re-pivot the democratic discourse of the Internet so as to include Chantal Mouffe's vision of a radical and plural democracy: one that accounts for missing material markers, one that encourages the proliferation of different democratic struggles, one that acknowledges that "[a]ll inequities existing in our society are now at issue."