Public Law and Legal Theory Commons^™

Public Interest Organizations

California Regulatory Law Reporter

No abstract provided.

The Limits Of Quantitative Legal Analyses: Chaos In Legal Scholarship And Fdic V. W.R. Grace & Co., Royce De R. Barondes

Faculty Publications

This Article identifies a few of those techniques by examining a number of quasi-quantitative legal analyses that have addressed a range of legal relationships. The methodology of this Article consists of reviewing the relationship between those legal analyses and their associated non-legal disciplines. The unifying theme of the discussed examples is that a useful, well constructed quantitative analysis or approach has been improperly extended into a legal context.

Public Interest Organizations

California Regulatory Law Reporter

No abstract provided.

Misunderstanding Positivism, Anthony J. Sebok

Michigan Law Review

It is important that I point out the limited purposes of this article. I cannot, in the context of the argument I make, prove that positivism will not inevitably collapse into a conservative theory of law. Nor can I prove that positivism is not vulnerable to jurisprudential arguments unrelated to the attempt to link positivism with formalism, legal process, and originalism. I recognize that strong arguments have been made that modem positivism's attempts to divorce itself from classical positivism's command theory of law has opened up more problems than it has solved. I have certain views on whether that divorce …

Thirteen Easy Pieces, Frank I. Michelman

Michigan Law Review

A Review of Responding to Imperfection: The Theory and Practice of Constitutional Amendment by Sanford Levinson

Pragmatism, Feminism, And The Problem Of Bad Coherence, Catharine Pierce Wells

Michigan Law Review

A Review of Reinterpreting Property by Margaret Jane Radin

The New Federalism, Richard C. Reuben

Faculty Publications

the 10th Amendment was something they noted for the bar exam and then promptly forgot about. But for many conservative lawyers and politicians, the 10th Amendment- which reserves to the states all powers not given to the federal government-has been anything but academic. For them, it embodies the founders' promise for a nation in which the states and federal government are near-equal partners. And they have fought long and hard to give the amendment its proper due. As the rise of House Speaker Newt Gingrich, R-Ga., and his Contract with America attest, their day may have finally come. Today, federalism, …

The Reception Of Foreign Law In The U.S. Federal Courts, Roger J. Miner '56

Bar Associations

No abstract provided.

Public Interest Organizations

California Regulatory Law Reporter

No abstract provided.

Equality And Freedom Of Speech (Eighteenth Annual Law Review Symposium: Demise Of The First Amendment? Focus On Rico And Hate Crime Litigation), Terrance Sandalow

Other Publications

The editors responsible for today's symposium have posed an alarming question: whether we are witnessing the demise of the First Amendment. I want to dispel at the outset any anxiety the question may have aroused. The First Amendment is alive and well; indeed, it is thriving. I believe, though I cannot prove, that public respect for the values it expresses has never been greater than it has been in recent years. Whether or not I am correct in that belief, however, it is certain that constitutional protections against governmental efforts to limit speech and other forms of expressive activity are …

Review Of The Idea Of A Liberal Theory: A Critique And Reconstruction, Donald J. Herzog

Reviews

The flood of literature sometimes derisively referred to as the Rawls/Nozick industry shows no signs of slowing. David Johnston enters the lists to champion an unabashedly cosmopolitan view-humanist liberalism-that focuses on promoting human agency for any and all people in any and all societies. He concedes that he has in place only a rudimentary sketch.

In Defence Of Exploitation, Justin Schwartz

Justin Schwartz

The concept of exploitation is thought to be central to Marx's Critique of capitalism. John Roemer, an analytical (then-) Marxist economist now at Yale, attacked this idea in a series of papers and books in the 1970s-1990s, arguing that Marxists should be concerned with inequality rather than exploitation -- with distribution rather than production, precisely the opposite of what Marx urged in The Critique of the Gotha Progam.

This paper expounds and criticizes Roemer's objections and his alternative inequality based theory of exploitation, while accepting some of his criticisms. It may be viewed as a companion paper to my What's …

Reinventing Labor Law: A Rejoinder, Tamara Lothian

Tamara Lothian

No abstract provided.

The Democratized Market Economy In Latin America (And Elsewhere): An Exercise In Institutional Thinking Within Law And Political Economy, Tamara Lothian

Tamara Lothian

No abstract provided.

The Criticism Of The Third-World Debt And The Revision Of Legal Doctrine, Tamara Lothian

Tamara Lothian

No abstract provided.

Public Relief

Touro Law Review

No abstract provided.

Policy In Wake Of The Incident, Gerald Mccarthy, W. Tayloe Murphy, Gerald Winegrad, Joel B. Eisen

University of Richmond Law Review

The goal of this panel was to examine the policies formed in the wake of the Kepone incident: the environmental laws, the regulations and policies that are designed to safeguard our natural resources to ensure that incidents such as the Kepone incident do not reoccur and if they do, to hold those responsible for environmental damage accountable for their actions.

"The Concept Of Law" Revisited, Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

On any view, Hart is one of (if not the) leading jurists in Anglo-American legal philosophy this century. His central work, The Concept of Law,' is prescribed reading in virtually every jurisprudence course around the world. He has also been involved in the most famous debates in Anglo-American legal philosophy: the Hart-Fuller debate on the separation of law from morality; 2 the Hart-Devlin debate on the enforcement of morals;3 and the Hart-Dworkin debate on judicial discretion 4 -and it ought to be mentioned that it was precisely these debates that forced all three of these jurists to construct their own …

Reflections On From Slaves To Citizens Bondage, Freedom And The Constitution: The New Slavery Scholarship And Its Impact On Law And Legal Historiography, Robert J. Kaczorowski

Faculty Scholarship

The thesis of Professor Donald Nieman's paper, "From Slaves to Citizens: African-Americans, Rights Consciousness, and Reconstruction," is that the nation experienced a revolution in the United States Constitution and in the consciousness of African Americans. According to Professor Nieman, the Reconstruction Amendments represented "a dramatic departure from antebellum constitutional principles,"' because the Thirteenth Amendment reversed the pre-Civil War constitutional guarantee of slavery and "abolish[ed] slavery by federal authority." The Fourteenth Amendment rejected the Supreme Court's "racially-based definition of citizenship [in Dred Scott v. Sandford4], clearly establishing a color-blind citizenship” and the Fifteenth Amendment "wrote the principle of equality into the …

The Unrealized Power Of Mother, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.

Justice, Liability, And Blame: Community Views And The Criminal Law, Paul H. Robinson, John M. Darley

All Faculty Scholarship

This book reports empirical studies on 18 different areas of substantive criminal law in which the study results showing ordinary people’s judgments of justice are compared to the governing legal doctrine to highlight points of agreement and disagreement. The book also identifies trends and patterns in agreement and disagreement and discusses the implications for the formulation of criminal law. The chapters include:

Chapter 1. Community Views and the Criminal Law (Introduction; An Overview; Why Community Views Should Matter; Research Methods)

Chapter 2. Doctrines of Criminalization: What Conduct Should Be Criminal? (Objective Requirements of Attempt (Study 1); Creating a Criminal Risk …

Equal Protection And Sexual Orientation, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

Equality is the thread running through the fundamental liberties enshrined in our Constitution. ... Equality, expressed in Art 12 of the [Singapore] Constitution, is also a specific right enforceable by the court. The difficulty comes in applying this deceptively simple concept to real-life situations. ... In considering the validity of legislation, Singapore and Malaysian courts have generally favored rational review, a modest conception of equal protection, unlike their American counterparts which have adopted a more expansive reading in the form of strict and intermediate review. This article examines how these three levels of equal protection review operate, and argues that …

Imagery And Adjudication In The Criminal Law: The Relationship Between Images Of Criminal Defendants And Ideologies Of Criminal Law In Southern Antebellum And Modern Appellate Decisions, Bernard Harcourt

Faculty Scholarship

Criminal law opinions often project a distinct image of the accused. Sometimes, she is cast in a sympathetic light and may appear vulnerable or impressionable: a single mother, whose husband has died, struggling to raise her two, loving children; an impoverished, nineteen-year-old African-American with a fifth-grade education, "mentally dull and 'slow to learn;'" or a defenseless "obedient servant," protecting himself from an "adversary armed with a deadly weapon." On other occasions, the defendant may appear threatening, savage or even diabolical: a cold-blooded recidivist that escapes from a prison workcrew, brutally stabs, rapes and murders a woman, and returns for a …

Rediscovering The Constitution, Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

The fundamental liberties in our Constitution involve a study of tensions: between an individual's rights and the community's interests, between the role of the judiciary on the one hand and the executive and legislature on the other. How we should interpret them depends on where we think equilibrium should be established. This depends on two main factors. The first is the proper function of the judiciary as laid down by our Constitution, which is discussed in Part I of this article. The second is the nature of our fundamental liberties, for they are worded with varying degrees of generality. ... …