Digital Commons Network^™

Museum Collection Care Problems And California's Old Loan Legislation, Judith L. Teichman

UC Law SF Communications and Entertainment Journal

A number of museums have problems associated with objects which have been in their custody for many years. Sometimes it is unclear whether the objects were originally loans or gifts; in other cases, the lender has died or otherwise lost contact with the museum. This Essay describes what has led to these situations and the resulting dilemmas, including the difficulty of litigating claims to the objects. It describes the reasoning behind the factual support for various provisions in the California legislation governing loans to museums. The author concludes that the legislation will prevent a recurrence of the identified problems and …

Book Review Of Speech, Crime, And The Uses Of Language, Maimon Schwarzschild

Constitutional Commentary, Vols 1–36 (1984–2022)

No abstract provided.

Mediation Of Civil Cases: Neither Panacea Nor Anathema (A Prescription For Change In Procedural Rules), Lawrence C. Mann

Law Faculty Research Publications

No abstract provided.

Concluding Reflections, John Finnis

Cleveland State Law Review

A symposium to which one person contributes three extended papers is no unmixed pleasure for readers. This third contribution of mine will interest only those curious to see my response to other symposiasts' comments on my earlier efforts (in the symposium and elsewhere). To enable this curiosity to be satisfied as costlessly as possible, I divide these concluding reflections by authors rather than themes, though with priorities suggested by themes rather than authors.

The Concept Of The Self In Legal Culture, Lawrence M. Friedman

Cleveland State Law Review

This essay is an exploration in the domain of legal culture, or, in other words, an exploration of those social ideas and concepts that shape and underpin the law.' Specifically, it is about the concept of the individual, or the self, and how this concept makes its mark on the legal order. The basic theme of this essay can be wrapped up in one small package: society, and law, has moved in the direction of expressive individualism over the last century or so, especially in the last few decades. Whatever the sources of this change "outside" the legal system, its …

Nomos And Thanatos (Part B): Feminism As Jurisgenerative Transformation, Or Resistance Through Partial Incorporation? Part Ii, Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

In Part A of this essay, "The Killing Fields", I developed a critique of the disciplinary impulses that underlie modern law and legal theory. Invoking a number of perspectives and a plurality of analyses, I proposed that male-stream legal theory and contemporary law both assume as inevitable, and legitimize as appropriate, the funnelling of violence through law. The problem with a funnel, however, is that it does not curtail or reduce that which is channelled through it. On the contrary, to funnel is to condense and to intensify. Viewed from this perspective, interpreted from the bottom up, law and legal …

Nomos And Thanatos (Part B): Feminism As Jurisgenerative Transformation, Or Resistance Through Partial Incorporation? Part I, Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

In Part A of this essay, "The Killing Fields", I developed a critique of the disciplinary impulses that underlie modern law and legal theory. Invoking a number of perspectives and a plurality of analyses, I proposed that male-stream legal theory and contemporary law both assume as inevitable, and legitimize as appropriate, the funnelling of violence through law. The problem with a funnel, however, is that it does not curtail or reduce that which is channelled through it. On the contrary, to funnel is to condense and to intensify. Viewed from this perspective, interpreted from the bottom up, law and legal …

Challenging Law, Establishing Differences: The Future Of Feminist Legal Scholarship, Martha Albertson Fineman

Faculty Articles

I begin with my version of the ideally antagonistic interaction of feminist theory with the law. I locate my discussion between the extremes of grand theory and unique experience. I consider the central, pressing task of feminist theory to be challenging existing law and legal doctrines through the articulation and establishment of a theory of difference. In this essay I divide my discussion of the theory of difference into two sections. The first section concerns the theoretical and political necessity of establishing the differences between men and women. Articulation of the extent of this manifestation of difference illustrates that the …

Crime And Punishment In Renaissance Florence, Marvin E. Wolfgang

Journal of Criminal Law and Criminology

No abstract provided.

Subordination, Rhetorical Survival Skills, And Sunday Shoes: Notes On The Hearing Of Mrs. G., Lucie E. White

Buffalo Law Review

No abstract provided.

International Obligation And The Theory Of Hypothetical Consent, Fernando R. Tesón

Scholarly Publications

In this article I make three related arguments. First, I argue that the traditional approach to the problem of international obligation is incomplete and much too simplistic. Drawing in part on the ideas of Ronald Dworkin, I suggest that rather than a question of fidelity to international law, the foundational problem is the determination of international law. Second, I consider and reject two theories of international obligation: the theory based on the concept of interdependence and the theory of actual consent of states. Third, I suggest a theory of international obligation based on human rights. This theory is drawn from …

Litigation Across Space And Time: Courts, Conflict, And Social Change, David M. Engel

Journal Articles

One of the problems facing researchers who have studied courts across time and space has been the cultural variability of seemingly uniform analytic categories, including conceptions of time and space themselves. This article proposes that we take such variations in meaning as a starting point for comparative studies of courts and social change rather than viewing them as were "noise" in the system. Litigation in Chiangmai, Thailand, is presented as an example. Changing conceptions of "space" in Thailand from the nineteenth century to the present illustrate the transformation of legal and political authority as well as the proliferation of normative …

State Of Utah V. James F. Gardner : Citation Of Suplimental Authorities, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

No abstract provided.

"Le Hors De Texte, C'Est Moi": The Politics Of Form And The Domestication Of Deconstruction, Pierre Schlag

Publications

No abstract provided.

Jewish-Christian Dialogue: A Jewish Justification, Gerard V. Bradley

Journal Articles

JEWISH-CHRISTIAN DIALOGUE: A JEWISH JUSTIFICATION. By David Novak. New York: Oxford University Press, 1989. Pp. xiii, 194. $24.95. ISBN: 0-19-505084-3.

David Novak's "philosophically formulated theological argument for Jewish-Christian dialogue" (p. ix) seeks a "common border" between the two monotheisms which constitute the main story line of Western religion. And he finds it, in that old American standard, the Judeo-Christian ethic. I recommend Novak's rigorously argued, learned, and insightful book to readers of all faiths, and to those of no faith at all. I propose to support that recommendation by describing precisely its important and truly singular aspiration.

The Enduring Revolution: Law And Theology In The Secular State, Gerard V. Bradley

Journal Articles

At least since the millennium, the observation that religion is pivotal in a rightly-ordered polity has been the most resilient insight in Western thought. By "pivotal," I mean that political theorizing has invariably located religion's ontological status and social dimensions at its core. So long as all political theorists were confessing Christians in profoundly Christian societies, this was inevitable. But the "pivot" was not altered by any "separation" of church and state. Instead, the pivot engendered this separation. The uniquely Western notion of two jurisdictions, including an autonomous temporal order of civil regulation, was produced entirely by Christian theological reflection. …

Sex Stereotyping And The Promotion Of Women To Positions Of Power, Mary F. Radford

UC Law Journal

In Price Waterhouse v. Hopkins, the United States Supreme Court set out a framework for decisionmaking in cases in which impermissible factors, such as sex stereotyping, play a role in an employment decision. This Article examines the case in light both of current feminist legal theories and of psychological and sociological studies evidencing the prevalence of sex stereotyping in the workplace. The Article compares the Hopkins case with cases such as Craft v. Metromedia, Inc. and Hishon v. King & Spaulding, in which women also have sought-and been denied- success, in the highest positions of leadership and power in their …

Strategic Research In Law And Society, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.

The Union At Risk: Jacksonian Democracy, States Rights And The Nullification Crisis, Gerard V. Bradley

Journal Articles

Richard E. Ellis, The Union at Risk. Jacksonian Democracy, States Rights and the Nullification Crisis, Oxford: Oxford University Press, 1987. Pp. xi, 279. $32.50 (ISBN: 0-19-503785-5).

From the Review

In a widely reported address at Tulane University in October 1986, Attorney General Edwin Meese chastised the Supreme Court for its habitual conflation of constitutional law and the Constitution.

Meese is no intellectual, and his remarks were not intended as academic musings; thus, the speech may have been appropriately judged from a political perspective, condemned by liberals and applauded by conservatives for roughly the same reasons. Unfortunately obscured by the …

Legal Ethics After Babel, Thomas L. Shaffer

Journal Articles

Legal ethics owes as much to Richard M. Nixon as it does to philosophy. The rebirth of legal ethics in the last decade is one of many consequences, although possibly the most obscure, of the burglary at the Watergate Hotel in 1972. The criminal politics that destroyed Mr. Nixon's presidency summoned American lawyers to a serious, systematic examination of the morals of their craft.

Concluding Reflections, John M. Finnis

Journal Articles

A symposium to which one person contributes three extended papers is no unmixed pleasure for readers. This third contribution of mine will interest only those curious to see my response to other symposiasts' comments on my earlier efforts (in the symposium and elsewhere). To enable this curiosity to be satisfied as costlessly as possible, I divide these concluding reflections by authors rather than themes, though with priorities suggested by themes rather than authors.

On Thinking Theologically About Lawyers As Counselors, Thomas L. Shaffer

Journal Articles

Professor Morgan is more than gracious to me, his colleague in legal ethics. He understands, I think, that our little sub-discipline is an academic youngster—open, as children are, to insight and persuasion, willing to listen to almost anybody. I am grateful to him for his kind reference to my work. Along with other American law teachers, I am grateful for his leadership, critical thought, scholarly discussion, and example as one of the American legal profession's principal teachers of ethics.

My usefulness among commentators on Morgan's Thinking About Lawyers as Counselors, is probably that I write about legal ethics in reference …

The Contractual Reallocation Of Procreative Resources And Parental Rights: The Natural Endowment Critique, William Joseph Wagner

Case Western Reserve Law Review

No abstract provided.

Normative And Nowhere To Go, Pierre Schlag

Publications

No abstract provided.

Dance Of The Dead: A Legal Tango For Control Of Native American Skeletal Remains, John E. Peterson Ii

American Indian Law Review

No abstract provided.

Chaos In Kentucky: The Question Of Standing To Recover The Fair Market Value Of Indian Relics Found Upon Private Property, Steven R. Dowell

American Indian Law Review

No abstract provided.

The Dispossession Of The Kansas Shawnee, John W. Ragsdale Jr

Faculty Works

No abstract provided.

Unpacking The Myths: The Symbolism Mythology Of Insanity Defense Jurisprudence, Michael L. Perlin

Articles & Chapters

The insanity defense has been the subject of great controversy. A review of the jurisprudential debate, infamous cases, judicial and legislative decision-making, media coverage, as well as public attitudes, when read in light of scientific and empirical research, reveals a gaping disparity between what we know and how we think about the mentally ill and the insanity defense. The Author argues that this disparity is the result of several operational myths about the mentally ill and the insanity defense. In this Article, the Author focuses on the role of psychiatry, psychology, and mental illness in the law, specifically addressing how …

Psychodynamics And The Insanity Defense: Ordinary Common Sense And Heuristic Reasoning, Michael L. Perlin

Articles & Chapters

No abstract provided.

Culture And Certainty: Legal History And The Reconstructive Project, Joan C. Williams

Faculty Scholarship

No abstract provided.