Digital Commons Network^™

What's Guilt (Or Deterrence) Got To Do With It?: The Death Penalty, Ritual, And Mimetic Violence, 38 Wm. & Mary L. Rev. 487 (1997), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.

Official Imaginations: Globalization, Difference, And State-Sponsored Immigration Discourses, Kunal M. Parker

Articles

No abstract provided.

The Spider Who Dreamed The World: A Meditation On Hierachy, Humility, And Biodiversity, Donald Snow

UC Law Environmental Journal

No abstract provided.

The Tay-Sachs Disease Screening Program In The U.S. As A Model For The Control Of Genetic Disease: An Historical View, Paul J. Edelson, M.D.

Health Matrix: The Journal of Law-Medicine

No abstract provided.

How Are Jewish Women Different From All Other Women?, Nancy Press, Phd., Wylie Burke, M.D.,Phd., Sharon Durfy, Phd.

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Anasazi Jurisprudence, John W. Ragsdale Jr

Faculty Works

No abstract provided.

Guidance Rules And Enforcement Rules: A Better View Of The Cathedral, Dale A. Nance

Faculty Publications

Contemporary economic analysis of law is a product of the confluence of standard microeconomics with a legal tradition heavily influenced by American Legal Realism. The effect of this merger has been an analysis of legal institutions from the perspective of the Holmesian "bad man," who sees predicted legal actions as merely various expected material costs or benefits to be taken into account. This might be illuminating for the purposes of an "outsider," such as a sociological behaviorist or perhaps even a legal advisor alerting her "bad man" client to the risks of adverse legal consequences. But it produces bizarre results …

Without Narrative: Child Sexual Abuse, Lynne Henderson

Scholarly Works

No abstract provided.

Embryonic Thoughts On Racial Identity As New Property, Jim Chen

University of Colorado Law Review

No abstract provided.

"Toward The Reformulation Of International Refugee Law" Research Report 1992-1997, James C. Hathaway

Other Publications

Discussions of the crisis in international refugee protection are frequently characterized by rhetorical excess, in which some ascribe all problems to malevolent states, while others are equally insistent that fraudulent asylum-seekers are solely to blame. This study was based, in contrast, on a recognition of the real systemic difficulties that jeopardize the viability of refugee protection. Its purpose was to devise a principled yet pragmatic way to reconcile state interests to the continued importance of access to asylum for those who need it.

The essence of our thesis is that the withdrawal of states from their legal responsibility to protect …

The Folklore Of Investor Capitalism, John C. Coffee Jr.

Faculty Scholarship

Ideally, Thurman Arnold should review this book. In his The Folklore of American Capitalism, Arnold dissected the ideology and rationalizations by which the business community of an earlier day defended its legitimacy and perquisites. Michael Useem, a sociologist at the Wharton School, also has an interest in the ideology of the business community: how corporate managers view the new institutional investors, how they justify resistance, and the tensions and inconsistencies between their critiques of money managers and their own behavior. This is an underutilized perspective (which law and economics inherently tends to overlook), and Useem is at his best …

The Cathedral' At Twenty-Five: Citations And Impressions, James E. Krier, Stewart J. Schwab

Articles

It was twenty-five years ago that Guido Calabresi and Douglas Melamed published their article on property rules, liability rules, and inalienability' Calabresi, then a law professor, later a dean, is now a federal judge. Melamed, formerly a student of Calabresi's, is now a seasoned Washington attorney. Their article-which, thanks to its subtitle, we shall call The Cathedral-has had a remarkable influence on our own thinking, as we tried to show in a recent paper2 This is not the place to rehash what we said then, but a summary might be in order. First, we demonstrated that the conventional wisdom about …

Comment On Obiora's Bridges And Barricades, M.A. Ogbu

Case Western Reserve Law Review

No abstract provided.

Bridges And Barricades: Rethinking Polemics And Intransigence In The Campaign Against Female Circumcision, L. Amede Obiora

Case Western Reserve Law Review

No abstract provided.

Guns, Drugs, And Violence: Kids On The Streets Of Kansas City, Mark. S. Fleisher

Valparaiso University Law Review

No abstract provided.

The Epidemics Of Injecting Drug Use And Blood-Borne Disease: A Public Health Perspective, Lawrence O. Gostin

Valparaiso University Law Review

No abstract provided.

On Ending The War On Drugs, Edward Mcglynn Gaffney Jr.

Valparaiso University Law Review

No abstract provided.

"Wait A Minute. This Is Where I Came In." A Trial Lawyer's Search For Alternative Dispute Resolution, Steven H. Goldberg

Elisabeth Haub School of Law Faculty Publications

My original answer to the question “Alternative to what?” was “the adversary system.” ADR held out the promise of a better way than the adversary system for handling at least some of the inevitable friction in society. I could not define “better” precisely, but it contained notions of faster, cheaper, less contentious, less aggravating, or more likely to leave the parties talking to each other when the process was over. My current answer to the question “Alternative to what?” is that ADR is not an alternative. Alternative Dispute Resolution courses have become Dispute Resolution. In this society, dispute resolution is …

Genetics, Iq, Determinism, And Torts: The Example Of Discovery In Lead Exposure Litigation, Jennifer Wriggins

Faculty Publications

This article discusses a disturbing development in tort litigation in which defendants use deterministic, genetics-based ideas about individuals and their families to undercut and deflect attention from personal injury claims. Lead exposure litigation involving cognitive injuries claimed on behalf of children who have ingested lead paint is the context of this development. The most extreme manifestation to date has been the efforts in several states to compel relatives of lead-exposed children (usually mothers) to have IQ and psychological testing, even though they are not parties to the litigation. Rule 35 of the Federal Rules of Civil Procedure and its state …

State Of Utah V. James Redd And Jeanne Redd : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM DISMISSAL OF AN INFORMATION CHARGING ONE COUNT OF ABUSE OR DESECRATION OF A DEAD HUMAN BODY, A THIRD DEGREE FELONY, IN VIOLATION OF UTAH CODE ANN. § 76-9-704 (1996), IN THE SEVENTH JUDICIAL DISTRICT COURT IN AND FOR SAN JUAN COUNTY, THE HONORABLE LYLE R. ANDERSON, PRESIDING

State Of Utah V. James Redd And Jeanne Redd : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM DISMISSAL OF AN INFORMATION CHARGING ONE COUNT OF ABUSE OR DESECRATION OF A DEAD HUMAN BODY, A THIRD DEGREE FELONY, IN VIOLATION OF UTAH CODE ANN. SECTION 76-9-704 (1996), IN THE SEVENTH JUDICIAL DISTRICT COURT IN AND FOR SAN JUAN COUNTY, THE HONORABLE LYLE R. ANDERSON, PRESIDING

Foreword: Urban Bioethics, Elizabeth B. Cooper, Benjamin C. Zipursky

Fordham Urban Law Journal

On February 26, 1997, the Fordham University School of Law hosted the Sixth Annual Stein Center Symposium on Contemporary Urban Challenges, entitled "Urban Bioethics: A Symposium on Health Care, Poverty, and Autonomy." The Foreword introduces Articles in this Symposium issue and discusses two central themes of the various Articles: socioeconomic framing of bioethical and healthcare issues, and the challenge of the moral consensus.

Polygamy And Same-Sex Marriage, David L. Chambers

Hofstra Law Review

No abstract provided.

Comments: In Re Cager And The Commission To Study Problems Of Illegitimacy, Kevin Kendrick

University of Baltimore Law Review

No abstract provided.

Rethinking Equality In The Global Society, Clark D. Cunningham

Faculty Publications By Year

No abstract provided.

The Charter And Anglophone Legal Theory, Part I, Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

The Canadian Charter of Rights and Freedoms has generated not only new terrain over which discursive positions are mobilized, but it has catalysed theoretical reflection about law, society, state, and the self. Examining the implications of the Charter for Anglophone legal theory, the author conducts both a qualitative and quantitative survey of jurisprudential work on the Charter and concludes that the Charter's impact on legal theory has been significant. The Charter has prompted expansion of the range of interdisciplinary influences, contextualized theoretical reflection, and made jurisprudence more engaged with and relevant to Canadian social life. The Charter also has facilitated …

Physician-Assisted Suicide: An Anthropological Perspective, Cheryl Mwaria

Fordham Urban Law Journal

In considering physician-assisted suicide, the real challenge lies in understanding the nature of culture itself. Missing from the debate is a discussion of the social consequences of hidden expectations and obligations with respect to access to health care, allocation of resources, terminal and chronic illness, disability, difference, suffering, and the nature of death itself. Part I explores the hidden dimensions of culture that operate at the level of the unconscious. In order to examine the ways in which our cultural expectations are likely to change with the legalization of physician-assisted suicide and active euthanasia it is imperative that we consider …

Child Support Or Support For Children?: Re-Thinking The "Public" And "Private" In Family Law, Mary Jane Mossman

Articles & Book Chapters

No abstract provided.

The Origin Of The Appeal In America, Mary Sarah Bilder

UC Law Journal

The appeal has been treated by academics as a mere legal procedure, possessing no particular significance. Indeed, for many years, legal scholars accepted the influential arguments of Professors Julius Goebel and Roscoe Pound that the appearance of the appeal in early American courts arose either from confusion about English common law legal procedures or was the result of colonial adaptation of English justice-of-the-peace practices. Professor Bilder challenges this conventional explanation of the origin of the appeal by locating the early American colonists within a transatlantic Western European legal culture.

Professor Bilder's Article draws on recent work in cultural history to …

Transsexuals And Critical Gender Theory: The Possibility Of A Restroom Labeled Other, Terry S. Kogan

UC Law Journal

No abstract provided.