Digital Commons Network^™

Law, Culture, And Harassment, Anita Bernstein

Faculty Scholarship

No abstract provided.

Heirs Of Leonardo: Cultural Obstacles To Strict Products Liability In Italy, Anita Bernstein, Paul Fanning

Faculty Scholarship

No abstract provided.

Recognizing And Enforcing State And Tribal Judgments: A Round Table Discussion Of Law, Policy And Practice, Christine Zuni Cruz, Mario E. Occhialino Jr., Philip Sam Deloria, Richard E. Ranson Honorable, Robert N. Clinton, Robert Laurence, Nell Jessup Newton

Faculty Scholarship

Let me begin with a word of introduction. For a long time, we at the American Indian Law Center have been interested in and concerned about the growth and strengthening of tribal governmental institutions. Tribal sovereignty is often talked about in the abstract, but people are somewhat reluctant to deal with the practical issues that are involved when sovereignty is actually exercised: the give and take that governments do all the time in their relationships with each other. We tried to take the leadership a number of years ago in looking at some of the practical issues involved in the …

Haymarket: Whose Name The Few Still Say With Tears, A Dramatization In Eleven Scenes, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Welcome To The Junta: The Erosion Of Civilian Control Of The U.S. Military, Charles J. Dunlap Jr.

Faculty Scholarship

Colonel Dunlap argues that civilian control of the United States military is eroding as a result of seemingly disparate phenomena. Colonel Dunlap first examines the American tradition of antimilitarism, which he believes no longer effectively restrains the modern armed forces. He then analyzes the effects of the military's elevated public support, the evolving nature of the leadership elite, and the increasing vulnerability of constitutional safeguards to military influence. In an effort to assess the current predicament, Colonel Dunlap introduces the new paradigm of postmodern militarism that challenges traditional notions of civilian control. Noting the potential long-term implications of excessive military …

Bonding, Structure And The Stability Of Political Parties: Party Government In The House, Gary W. Cox, Mathew D. Mccubbins

Faculty Scholarship

The public policy benefits that parties-deliver are allocated by democratic procedures that devolve ultimately to majority rule. Majority-rule decision making, however, does not lead to consistent policy choices; it is "unstable." In this paper, we argue that institutions - and thereby policy coalitions -- can be stabilized by extra-legislative organization. The rules of the Democratic Caucus in the U.S. House of Representatives dictate that a requirement for continued membership is support on the floor of Caucus decisions for a variety of key structural matters. Because membership in the majority party’s caucus is valuable, it constitutes a bond, the posting of …

Curriculum Vitae (Feminae): Biography And Early American Women Lawyers, Carol Sanger

Faculty Scholarship

In this review, Carol Sanger examines the recent surge of interest in the lives of early women lawyers. Using Jane Friedman's biography of Myra Bradwell, America's First Woman Lawyer, as a starting point, Professor Sanger explores the complexities for the feminist biographer of reconciling for herself and for her subject conflicting professional, political, and personal sensibilities. Professor Sanger concludes that to advance the project of women's history, feminist biographers ought not retreat to the comforts of commemorative Victorian biography, even for Victorian subjects, but should instead strive to present and accept early women subjects on their own complex terms.

Land, Law, And Legitimacy In Israel And The Occupied Territories, George Bisharat

Faculty Scholarship

No abstract provided.

Toward A New Deal Legal History, Eben Moglen

Faculty Scholarship

With this article, Barry Cushman continues the project begun in earlier writings, leading ultimately to a thoroughgoing reconsideration of the legal history of the New Deal. The present work, perhaps the most important to appear so far, brings Cushman's evolving argument up against the most stable – if not altogether the most convincing – element of the traditional history of the New Deal Court. The "Constitutional Revolution of 1937" is now open for reconsideration or, more precisely, the famous "switch in time" that realigned the Supreme Court with the demands of the Roosevelt administration. Cushman argues powerfully – by and …

Of Laws And Men: An Essay On Justice Marshall's View Of Criminal Procedure, Bruce A. Green, Daniel C. Richman

Faculty Scholarship

No abstract provided.

Congressional Commentary On Judicial Interpretations Of Statutes: Idle Chatter Or Telling Response, James J. Brudney

Faculty Scholarship

No abstract provided.

Taking The Fifth: Reconsidering The Origins Of The Constitutional Privilege Against Self-Incrimination, Eben Moglen

Faculty Scholarship

The purpose of this essay is to cast doubt on two basic elements of the received historical wisdom concerning the privilege as it applies to British North America and the early United States. First, early American criminal procedure reflected less tenderness toward the silence of the criminal accused than the received wisdom has claimed. The system could more reasonably be said to have depended on self-incrimination than to have eschewed it, and this dependence increased rather than decreased during the provincial period for reasons intimately connected with the economic and social context of the criminal trial in colonial America.

Second, …

Why The Wind Changed: Intellectual Leadership In Western Law, Ugo Mattei

Faculty Scholarship

No abstract provided.

Brutality In Blue: Community, Authority, And The Elusive Promise Of Police Reform, Debra A. Livingston

Faculty Scholarship

In January 1994, President Clinton invited Kevin Jett, a thirtyone-year-old New York City police officer who walks a beat in the northwest Bronx, to attend the State of the Union Address. Jett stood for Congress's applause as the President called for the addition of 100,000 new community police officers to walk beats across the nation. The crime problem faced by Officer Jett and community police officers like him, the President said, has its roots "in the loss of values, the disappearance of work, and the breakdown of our families and communities." According to the Clinton administration, however, the police – …

The World Trading System, Jagdish N. Bhagwati

Faculty Scholarship

The Uruguay Round is closing this week after a marathon of negotiations stretching well over seven years; so the timing of this panel is exquisite, from my viewpoint. The ceremony, besides, is in Marrakech, an exotic place that sets our minds racing with thoughts of "Casablanca," Humphrey Bogart and Ingrid Bergman. Indeed, one can imagine a movie being made of this historic occasion that will transform the General Agreement on Tariffs and Trade (GAIT) into the World Trade Organization (WTO), with Peter Ustinov cast as Peter Sutherland, the brilliant and portly new director general of the GAIT who finally brought …

Of Laws And Men: An Essay On Justice Marshall's View Of Criminal Procedure, Daniel C. Richman, Bruce A. Green

Faculty Scholarship

As a general rule, criminal defendants whose cases made it to the Supreme Court between 1967 and 1991 must have thought that, as long as Justice Thurgood Marshall occupied one of the nine seats, they had one vote for sure. And Justice Marshall rarely disappointed them – certainly not in cases of any broad constitutional significance. From his votes and opinions, particularly his dissents, many were quick to conclude that the Justice was another of those "bleeding heart liberals," hostile to the mission of law enforcement officers and ready to overlook the gravity of the crimes of which the defendants …

Nationalism And Internationalism: The Wilsonian Legacy, Lori Fisler Damrosch

Faculty Scholarship

No twentieth-century leader has had greater influence on the parallel development of both nationalism and internationalism than Woodrow Wilson. Wilson gave expression to the nationalist aspirations of peoples around the world, through is endorsement of the principle of self-determination. He also initiated the first institution that had as its objective the organization of the international community to apply concerted power in support of universal values. My task is to examine one contemporary problem – intervention – in the light of some of the themes implicit in the Wilsonian legacy. Among these themes will be the establishment (and now the invigoration) …

War Powers: An Essay On John Hart Ely's War And Responsibility: Constitutional Lessons Of Vietnam And Its Aftermath, Philip Chase Bobbitt

Faculty Scholarship

I approached John Ely's' new book with the anticipation of delight, qualified by a certain apprehensiveness. Delight because Ely is almost alone among writers in my solemn field in his ability to write with humor; indeed, he writes in a style that reminds me of the marvelous Joseph Heller. There is no reason, I suppose, for constitutional law professors to be incapable of writing amusing and fresh prose or exposing a false syllogism with the light touch of juxtaposition rather than the heavy bludgeon of irony, but how rare this is! More importantly, Ely's arguments have the satisfying feel of …

Democracy And Domination In The Law Of Workplace Cooperation: From Bureaucratic To Flexible Production, Mark Barenberg

Faculty Scholarship

In May of 1993, President Clinton's Commission for the Future of Worker-Management Relations began its investigation of whether a major overhaul of United States labor law is necessary to encourage high-performance workplaces and labor-management cooperation. Even if its recommendations, due in November 1994, do not yield immediate congressional fruit, the Commission's work is likely to influence the study and politics of labor law reform for some time to come. The Commission is chaired by John Dunlop, the eminent labor-relations specialist and former Secretary of Labor. Its membership includes some of the nation's foremost academic and political proponents of far-reaching labor …

Free Speech And The Widening Gyre Of Fund-Raising: Why Campaign Spending Limits May Not Violate The First Amendment After All Symposium On Campaign Finance Reform, Vincent A. Blasi

Faculty Scholarship

Candidates for office spend too much of their time raising money. This is scarcely a controversial proposition. A major impetus for campaign finance reform is the frustration politicians now feel concerning how much time they must devote to courting potential donors, often by methods borrowed from the marketplace that can only be described as demeaning. The situation has gotten worse as electoral merchandising has grown ever more sophisticated and expensive.

Multinational Corporations, Private Codes, And Technology Transfer For Sustainable Development, Michael S. Baram

Faculty Scholarship

Sustainable development requires the application of advanced technological expertise in the activities of multinational corporations. Private codes of environmental conduct are proliferating throughout the developed world, ensuring the application of the required technological expertise. However, multinational corporations generally do not follow these voluntary codes in developing nations. Several strategies are available to extend the effective application of private codes in the developing world. Reliance on private codes of environmental conduct enhanced by supportive strategies provides a pragmatic policy option for sustainable development.