Digital Commons Network^™

Harold K. Jacobson (1929-2001): An Appreciation, Charlotte Ku

Faculty Scholarship

Harold Jacobson was born in Detroit onJune 28,1929. He attended high school in Wyandotte, Michigan, and received a bachelor's degree in history from the University of Michigan. He married his Michigan schoolmate Merelyn Jean Lindbloom in 1951, a year after he started graduate school at Yale.

He was fundamentally an optimist about human behavior; he opened his path-breaking text, Networks of Interdependence, with the words, "This is an optimistic book, though I hope not an unrealistic one."

Thus did Jacobson begin a career-long association with many whose work was rooted in international law. This interest led to fruitful collaborations and …

Standing Upright: The Moral And Legal Standing Of Humans And Other Apes, Adam Kolber

Faculty Scholarship

No abstract provided.

Introduction To Symposium On Changes In Immigration And Criminal Law, Pamela Goldberg

City University of New York Law Review

No abstract provided.

Panel Presentation On Immigration And Criminal Law. Sponsored By The Association Of The Bar Of The City Of New York., Neha Lall, Jen Murray

City University of New York Law Review

No abstract provided.

Culture And Causality: Non-Western Systems Of Explanation, William M. O'Barr

Law and Contemporary Problems

The logic of some other systems of thought, explanation, and prediction are discussed, in order to find what can be learned about the sociocultural contexts and their functions in other cultures. The truths they may represent are about the human quest to understand causes and effects.

Attorney Fact-Finding, Ethical Decision-Making And The Methodology Of Law, Robert Rubinson

All Faculty Scholarship

This Article explores the significance, challenges, and complexities of attorney fact-finding in ethical decision-making. Almost all discourse about legal ethics, from the pedagogical to the scholarly to the practical, takes facts for granted in order to focus on issues about ethical rules. The factual dimension of ethical decision-making, however, is critical to the decision-making process and can be subjected to rigorous and systematic study. Indeed, it is lawyers in a situation who engage in ethical decision-making, and such a situation entails the assimilation and interpretation of many sources of information. Such a process necessarily includes the motivations and ambivalence of …

Brightening The Covenant Chain: Aboriginal Treaty Meanings In Law And History After Marshall, Mark D. Walters

Dalhousie Law Journal

The decision of the Supreme Court of Canada in R. v. Marshall raises some difficult questions about the interpretation of Crown-Aboriginal treaties, especially treaties dating from the eighteenth century. The Court acknowledged that the treaty context is important to establishing the meaning of treaty texts, and Aboriginal and non-Aboriginal perspectives must be considered. As a result, judges must have regard to historical analyses of Crown-Aboriginal relations when interpreting these old treaties. In this article, the author explores some of the complex theoretical problems that such legal-historical analyses create, focusing in particular upon the possibility that lawyers and judges may reach …

Beyond Conception: Legal Determinations Of Filiation In The Context Of Assisted Reproductive Technologies, Roxanne Mykitiuk

Osgoode Hall Law Journal

This article argues that legal determinations of filiation are normative ideological constructions about how societal relations between parents and children should be ordered. They am based upon particular understandings of the relationship between biological and social facts and, as this article demonstrates, operate to create an asymmetrical relationship between the categories between paternity and maternity I suggest that fairly recent developments in reproductive and genetic filiation have been made and offer the potential for an expanded understanding of relatedness or kinship which does not take the two-parent-one of each sex-model of the family as its normative form. While the examples …

Sanctioning Government: Explaining America's Severity Revolution, Jonathan Simon

University of Miami Law Review

No abstract provided.

The Cultural Context Of International Legal Cooperation, Stephen Zamora

Journal of Legal Education

No abstract provided.

Attorney Fact-Finding, Ethical Decision-Making And The Methodology Of Law, Robert Rubinson

Saint Louis University Law Journal

No abstract provided.

The Allocation Of The Commons: Parking And Stopping On The Commons, Richard A. Epstein

Coase-Sandor Institute for Law & Economics Research Paper Series

The economic forces governing transitions between different property rights regimes has been the source of extensive study since Demsetz's path breaking 1967 essay, "Toward a Theory of Property Rights." This paper offers first a general critique of that position, chiefly on the ground that it underestimates the practical difficulties of orchestrating efficient transitions in contexts where strong political forces are at play. Thereafter, the paper explores the movement among various systems that are used to allocate a particular public good, namely parking places on public streets. It examines both bottom-up systems that rely on analogues to the rule of first …

Motions 2001 Volume 37 Number 2, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.

Realities Of Rape: Of Science And Politics, Causes And Meanings, Owen D. Jones

Vanderbilt Law School Faculty Publications

This review essay discusses the book A Natural History of Rape: Biological Bases of Sexual Coercion, by Randy Thornhill and Craig Palmer (MIT Press, 2000). The essay builds on work previously appearing in Owen D. Jones, Sex, Culture, and the Biology of Rape: Toward Explanation and Prevention, 87 Cal. L. Rev. 827 (1999) and Owen D. Jones, Law and the Biology of Rape: Reflections on Transitions, 11 Hastings Women's Law Journal 151 (2000).

Assessing Nagpra: An Analysis Of Its Success From A Historical Perspective, Mary Lynn Murphy

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

The Allocation Of The Commons: Parking And Stopping On The Commons, Richard A. Epstein

Public Law and Legal Theory Working Papers

The economic forces governing transitions between different property rights regimes has been the source of extensive study since Demsetz’s path breaking 1967 essay, “Toward a Theory of Property Rights.” This paper offers first a general critique of that position, chiefly on the ground that it underestimates the practical difficulties of orchestrating efficient transitions in contexts where strong political forces are at play. Thereafter, the paper explores the movement among various systems that are used to allocate a particular public good, namely parking places on public streets. It examines both bottom-up systems that rely on analogues to the rule of first …

2001 Cardozo Life (Summer), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Around Campus, page 3

Faculty Briefs, page 13

Nietzsche Comes of Age in America, page 18

Cardozo: Enjoying a Transformation, page 20

Enjoying the Jobs of Their Lives: Alumni on the Bench, page 25

Alumni News & Notes, page 32

Vol. 10, No. 1 (Summer 2001)

Alumni Update

No abstract provided.

Time-Shifted Rationality And The Law Of Law's Leverage: Behavioral Economics Meets Behavioral Biology, Owen D. Jones

Vanderbilt Law School Faculty Publications

A flood of recent scholarship explores legal implications of seemingly irrational behaviors by invoking cognitive psychology and notions of bounded rationality. In this article, I argue that advances in behavioral biology have largely overtaken existing notions of bounded rationality, revealing them to be misleadingly imprecise - and rooted in outdated assumptions that are not only demonstrably wrong, but also wrong in ways that have material implications for subsequent legal conclusions. This can be remedied. Specifically, I argue that behavioral biology offers three things of immediate use. First, behavioral biology can lay a foundation for both revising bounded rationality and fashioning …

What Is "Common" About Common Sense?: Cautionary Tales For Travelers Crossing Disciplinary Boundaries, Marilyn Maccrimmon

Cardozo Law Review

No abstract provided.

Revisiting The United States Hostage Negotiation Policy: An Academic Imperative. Part Ii, Ibpp Editor

International Bulletin of Political Psychology

This article comes in two parts - the article and the notes.

Article abstract: To get hostages released without harm requires a national policy committed to that principle. With that in mind, there needs to be an understanding of the perpetrators' "objective view" of reality. These views have political, economic, psychological, cultural, ethno-religious and perceptual dimensions. Those multivariate dimensions of any hostage situation mandate policies that should be based on law enforcement and military perspectives, in order to be flexible enough to permit their consideration and continuously evaluate their national and international implications.

Part II: Notes and bibliography for Part …

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recenlty received by Michigan Law Review.

156th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

156th University of Notre Dame Commencement and Mass Program including Law School awards

Profiling Racial Profiles: Challenges From Political Discourse, Ibpp Editor

International Bulletin of Political Psychology

This article describes problems in evaluating the validity and appropriateness of racial profiles based on reactance with political discourse on such profiles.

Introduction, John M. Griesbach

Saint Louis University Law Journal

No abstract provided.

Cases In Context: Lake Champlain Wars, Gentrification And Ploof V. Putnam, Joan Vogel

Saint Louis University Law Journal

No abstract provided.

Learning To Swim: A Law Student’S Introduction To Functional Thinking In Torts, Nathanael R. Berneking

Saint Louis University Law Journal

No abstract provided.

Racial Purity Laws In The United States And Nazi Germany: The Targeting Process, Judy Scales-Trent

Journal Articles

No abstract provided.

Retelling Allotment: Indian Property Rights And The Myth Of Common Ownership, Kenneth H. Bobroff

Vanderbilt Law Review

The division of Native American reservations into individually owned parcels was an unquestionable disaster. Authorized by the General Allotment Act of 1887, allotment cost Indians two-thirds of their land and left much of the remainder effectively useless as it passed to successive generations of owners. The conventional understanding, shared by scholars, judges, policymakers, and activists alike, has been that allotment failed because it imposed individual ownership on people who had never known private property. Before allotment, so this story goes, Indians had always owned their land in common. Because Indians had no conception of private property, they were unable to …

Science Gone Astray: Evolution And Rape, Elisabeth A. Lloyd

Michigan Law Review

Throughout A Natural History of Rape, coauthors Randy Thomhill and Craig Palmer resort to what is known among philosophers of science as "The Galileo Defense," which amounts to the following claim: I am telling the Truth and doing excellent science, but because of ideology and ignorance, I am being persecuted. The authors have repeated and elaborated upon this defense during the si:lable media flurry accompanying the book's publication in February 2000. Now, history has accepted this defense from Galileo. But in order for it to work for Thornhill and Palmer, of course, they must be telling the Truth and doing …