Digital Commons Network^™

The Protection Of Cultural Property And The Promotion Of International Trade In Art, John E. Bersin

NYLS Journal of International and Comparative Law

No abstract provided.

Fragments On The Deathwatch, Louise Harmon

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Law As A Social Thought, Paul H. Brietzke

Valparaiso University Law Review

No abstract provided.

Coping With Uncertainty: Social Scientists, Engineers, And Federal Water Resources Planning, Martin Reuss

Natural Resources Journal

No abstract provided.

Qualitative Theory Of The Dead Hand, Adam J. Hirsch, William K.S. Wang

Indiana Law Journal

No abstract provided.

Law And Conformity, Ethics And Conflict: The Trouble With Law-Based Conceptions Of Ethics, Steven R. Salbu

Indiana Law Journal

No abstract provided.

Clinical Scholarship And The Justice Mission, Robert D. Dinerstein

Cleveland State Law Review

To many people, the relationship between clinical programs and the justice mission of American law schools is so clear as to be self-evident. These programs may pursue justice on behalf of individual clients or for groups of clients through class-action or other impact litigation. Moreover, clinical teachers frequently discuss with their students the need for the latter to serve justice in their legal careers, whether as the principal focus of their legal work or through pro bono publico activities. Indeed, for many law students, the law clinic may be the only place in which concerns about justice are discussed and, …

Intellectual Authority And Institutional Authority, Charles W. Collier

UF Law Faculty Publications

This is an essay about the power of ideas and the influence of institutions.

What Gibbon termed the pure. "force of persuasion," unaided and unhindered by institutional context, I refer to as "intellectual authority." This has been defined as "the authority exerted by arguments that make their way simply by virtue of a superior rationality and do not depend for their impact on the lines of power and influence operating in an institution." The contrastive notion of "institutional authority" refers to the nonintellectual influence exerted by social, political, cultural, historical, legal, literary, educational, religious, and other institutions. The nonintellectual influence …

The Right To Education As An International Human Right, Jost Delbruck

Articles by Maurer Faculty

No abstract provided.

Law Schools, The Justice Mission, And Bob Mckay, John Sexton

Cleveland State Law Review

The general points I make link to the justice mission of law schools. We must produce people prepared to practice at the very highest levels; and we must produce the kind of detached thinking that one associates with a great research institution. Most of us were educated in the system created by Langdell: the casebook method. It is startling that Langdell's method enjoys the pervasive dominance of legal education that it does. The notion of a static corpus juris which provided the foundation upon which Langdell built his model is impossible to maintain. Another general observation, the demographics of our …

Feminist Theory And Legal Practice: A Case Study On Unemployment Compensation Benefits And The Male Norm, Deborah Maranville

UC Law Journal

This Essay explores the application of two key insights of feminist theory to practice. First, the law is often structured to fit male life patterns in a way that creates unstated male norms which are mistaken as inevitable or natural. Second, these male norms often disadvantage women. A recent unemployment compensation case handled in the University of Washington Civil Law Clinic illustrates these insights.

The clinic challenged the denial of unemployment benefits to a client who sought only part-time work so she could care for her special needs child. Initially, feminist theory provided a basis for recognizing and challenging the …

Welfare State Crime In Canada: The Politics Of Tax Evasion In The 1980s, Lorne Sossin

Articles & Book Chapters

This paper considers the phenomenon of tax evasion in the 1980s in Canada as an outgrowth of a crisis in the welfare state. The lack of social protest over the high incidence of tax evasion among the wealthiest stratum of Canadian individuals and corporations is, on this view, linked to the transformation of politicized citizens into depoliticized clients. Tax evasion, along with legal tax avoidance both proliferated in the 1980s which reflects the convergence of a number of events including the increase in use of tax expenditures, the decreasing emphasis on enforcement in tax administration, the rise of neoconservatism and, …

Less Law Than Meets The Eye, David D. Friedman

Faculty Publications

No abstract provided.

Words That Deny, Devalue, And Punish: Judicial Responses To Fetus-Envy?, Sherry F. Colb

Cornell Law Faculty Publications

Abstract needed.

Female Spouse Abuse And The Police Response: The Charlotte, North Carolina Experiment, J. David Hirschel, Ira W. Iii Hutchison

Journal of Criminal Law and Criminology

No abstract provided.

Schools As Good Parent: Symbolims Versus Substance In Drug And Alcohol Testing Of School Children, Chris Hutton

The Journal of Law and Education

No abstract provided.

Can Two Real Men Eat Quiche Together? Storytelling, Gender-Role Stereotypes, And Legal Protection For Lesbians And Gay Men, Marc A. Fajer

University of Miami Law Review

No abstract provided.

Issues For Men In The 1990s, Michael S. Kimmel

University of Miami Law Review

No abstract provided.

Surprised By Fish, Alessandra Lippucci

University of Colorado Law Review

No abstract provided.

Legal Scholarship And The Practice Of Law, Robert C. Post

University of Colorado Law Review

No abstract provided.

Outsider Scholarship: The Law Review Stories, Mary I. Coombs

University of Colorado Law Review

No abstract provided.

An Exploratory Essay On Native Americans And Environmentalism, James L. Huffman

University of Colorado Law Review

No abstract provided.

Authority And Authenticity: Scribbling Authors And The Genius Of Print In Eighteenth-Century England, Marlon B. Ross

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Bite Mark Evidence: Forensic Odontology And The Law, Steven Weigler

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Personal Values And Professional Ethics, Geoffrey C. Hazard Jr.

Cleveland State Law Review

My purpose on this occasion is to urge reexamination of personal values as a fundamental resource of professional ethics. The essential point is that rules of ethics, such as those embodied in the profession's ethical codes, are insufficient guides to making the choices of action that a professional must make in practice. I will suggest that the same is true of professional tradition and conventional ways of practice. This is not to say that rules of ethics and traditions are irrelevant. Rules of professional ethics frame the ethical problems that are encountered in a lawyer's life throughout practice. Moreover, professional …

Post-Revolutionary Law And Economics: A Foreword To The Symposium, Anthony D'Amato

Hofstra Law Review

The Lanec (short for Law and Economics) movement of the 1970s hit the legal landscape like a nuclear device and permanently irradiated it. A couple of decades later, as we sift through the fallout, we are entitled to ask whether anything fundamental has changed. Every contributorto this Symposium seems to answer yes. Maybe they're like the book reviewer who believes deep in her heart that the book is worthless, but if she reveals it the editor will conclude that there is no point in printing her review. Let me put my own biases on the table. In general I applaud …

Interpreting Sacred Texts: Preliminary Reflections On Constitutional Discourse In China, Janet E. Ainsworth

UC Law Journal

The 1982 Constitution of the People's Republic of China provides the foundation for a nation governed by the rule of law rather than by Party fiat. It remains unclear whether and to what extent this ambitious Constitution will be implemented in practice. In her Article, Professor Ainsworth asserts that the way in which Western scholars to date have analyzed Chinese constitutions demonstrates the ethnocentric assumptions inherent in Western scholarship.

Professor Ainsworth suggests that Chinese constitutional discourse needs to be understood in a Chinese context, requiring a historical study of the traditional Chinese exegetical methodology used in interpreting the Confucian Classics. …

Beyond Cut Flowers: Developing A Clinical Perspective On Critical Legal Theory, Phyllis Goldfarb

UC Law Journal

In her Essay Professor Goldfarb examines the relationship between clinical legal education and critical legal theory. She highlights the resemblances between the two movements while elaborating a clinical educator's perspective on and critique of some of the ideas associated with critical legal studies.

As the heirs to different versions of legal realism--critical legal studies being associated with "rule skepticism," and clinical legal education with "fact skepticism"-both are engaged in a project of theoretical deconstruction. For each the goal of this project is to generate a climate favorable to social change. Professor Goldfarb, however, argues that much of the cls perspective, …

Disabled Clients, Disabling Lawyers, Anthony V. Alfieri

UC Law Journal

People with disabilities, especially the impoverished among them, have long been the object of legal advocacy. In the rush of advocacy, lawyers have forgotten that the concept of the disabled, like the concept of the poor, is an artifact of American law and society. It is a thing mediated through ideals and discourses, a thing constructed rather than naturally or necessarily given. The social construction of disability occurs in the daily practices of advocacy, administration, and adjudication. These material practices form the dominant and subordinate visions of the disabled.

The dominant vision of the disabled conjures images of dependence, incompetence, …

The Feminist Transformation Of Lawyering: A Response To Naomi Cahn, Ann Shalleck

UC Law Journal

Professor Cahn persuasively advocates movement beyond identifying as either male or female the different ways of being a lawyer. In her Essay Professor Shalleck explores further three aspects of the feminist transformation of lawyering suggested by Professor Cahn's article. First, despite Professor Cahn's title, a feminist critique of lawyering is not about "styles"; it is about the nature of the lawyer's actions and ways of understanding that activity. Second, the feminist project is not about simply expanding the available ways women and men can act and think as lawyers. This step neither creates new options nor develops effective challenges to …