Digital Commons Network^™

From Realism To Critical Legal Studies: A Truncated Intellectual History, G. Edward White

SMU Law Review

No abstract provided.

Gift, Sale, Payment, Raid: Case Studies In The Negotiation And Classification Of Exchange In Medieval Iceland, William I. Miller

Articles

Near the end of Eyrbyggja saga Porir asks Ospak and his men where they had gotten the goods they were carrying. Ospak said that they had gotten them at Pambardal. "How did you come by them?" said Porir. Ospak answered, "They were not given, they were not paid to me, nor were they sold either." Ospak had earlier that evening raided the house of a farmer called Alf and made away with enough to burden four horses. And this was exactly what he told Porir when he wittily eliminated the other modes of transfer by which he could have acquired …

Updating The Deterrence Doctrine, J. L. Miller, Andy B. Anderson

Journal of Criminal Law and Criminology

No abstract provided.

Criminal Procedure Doctrine: Some Versions Of The Skeptical , Robert Weisberg

Journal of Criminal Law and Criminology

No abstract provided.

Persons Without History: Liberal Theory And Human Experience, Thomas Morawetz

Faculty Articles and Papers

No abstract provided.

Skills Training In "Legal Analysis": A Systematic Approach, Paul T. Wangerin

University of Miami Law Review

No abstract provided.

Nova Law Review 10, 2

Nova Law Review

No abstract provided.

Alumni Newsletter - Issue No. 26, University Of Maine School Of Law

Maine Law Magazine

Highlights

• Paula Craighead, ’80 to Lead Alumni/ae Association in 1987
• Dean’s Column
• Faculty and Staff Notes
• Alumni in the News
• 8^th Annual Law School Road Race

Chalk Talk

The Journal of Law and Education

No abstract provided.

The Day After The Litigation Explosion , Marc Galanter

Maryland Law Review

No abstract provided.

A Consideration Of Alternatives To Divorce Litigation, Thomas E. Carbonneau

Faculty Scholarship

This article argues for the need to inform divorce proceedings with a sense of the human reality of matrimonial breakdown. Part one assesses the adequacy of the existing adjudicatory approach to divorce by focusing upon the hiatus between the legal approach to divorce and the emotional content of divorce disputes. Part two lays the foundation for constructive change, providing a statistical portrait of divorce in contemporary America. Part four discusses mediation and suggests that it is a more viable alternative mechanism to divorce litigation. Part five discusses the implementation of a judicial arbitration structure.

Legal Semiotics, Susan W. Tiefenbrun

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Doctrine In A Vacuum: Reflections On What A Law School Ought (And Ought Not) To Be, James Boyd White

Articles

I have written earlier in these pages about the expectations-the fears and hopes-that one can appropriately bring to law school. In this paper I speak to those who are immersed in the process of legal education, on one side of the podium or the other, and wish to say something of what I think it is, and can be, all about.

Review Of Disputes And Settlements: Law And Human Relations In The West, By J. Bossy, Editor., William I. Miller

Reviews

Evans-Pritchard probably knew he was exaggerating, but not being able to resist the chance to repay a gift in kind, he reversed Maitland's dictum and claimed that history must choose between being social anthropology or being nothing. If we substitute "tedious" for "nothing" we would have a truer statement. Legal history, if not quite heeding Evans-Pritchard, has in the past decade begun to learn some lessons from legal anthropology and the sociology of law. Studies of bureaucratic development, forms of action, formulae and writs, while still flourishing in the hands of several brilliant practitioners, are tending to give way slowly, …

Review Of Culture And History In Medieval Iceland, William I. Miller

Reviews

It is a common dysfunction of scholars, particularly medieval historians, to fear grand syntheses and all-encompassing explanations. This is less frequently a disease among anthroplogists, and in fact in anthropologists of a structural bent there is no reticence whatsoever, but positive delight in the big, the general, the quasi- and the just plain theoretical. And in the best French tradition they often construct their models per ecartant les faits. Kirsten Hastrup is a structuralist more influenced by Levi-Strauss than Evans-Pritchard; she is also a trained anthropologist. This is both good and bad news. The Icelandic materials are as well suited …

Conflict And Paradox In The New American Mediation Movement: Status Quo And Social Transformation, Ted Becker

Journal of Dispute Resolution

This essay will focus on some of the disharmony in the field of mediation in the United States, particularly from the perspective of those who try to utilize mediation's potential as an instrument of socio-political transformation. The work of these individuals remains a relatively well-kept secret in a time of much publicity about the numerous virtues of mediation as an "alternative" to the legal system. Among the reasons for this secrecy is that, for the time being, the American conflict resolution movement has been substantially overwhelmed by the force and forces of the legal system, professionalization, bureaucracy, and interest-group politics.

Transition From Fetus To Infant: A Problem For Law Ethics, Albert R. Jonsen

UC Law Journal

No abstract provided.

Adultery, Law, And The State: A History, Jeremy D. Weinstein

UC Law Journal

No abstract provided.

The Future Of Legal Scholarship And The Search For A Modern Theory Of Law, Donald H. Gjerdingen

Articles by Maurer Faculty

In this Article, Professor Gjerdingen argues that the current crisis in legal scholarship can be traced to a change in the dominant concept of American law. He argues that virtually all of the significant schools of American legal thought during the last century, from Langdellian orthodoxy to realism to the legal process school, were dominated by a concept of law that separated law and politics. This concept of law, which he terms "conventionalism," presumed that law was an autonomous, apolitical discipline dominated by the study of adjudication and classical common law categories. In contrast, the new legal scholarship of the …

Introduction: Is Cultural Criticism Possible?, James Boyd White

Michigan Law Review

It is by now something of a truism that the abstract and conceptual modes of discourse that have dominated our intellectual life in the past century have led to a rather reduced and schematic view of law. Moved by the desire to talk about social institutions in a neutral and scientific way, scholars beginning at least with John Austin have sought to define law as a set of rules, promulgated by a sovereign and addressed to the behavior of subject individuals, all in an attempt to isolate legal phenomena from their context for scientific study. Rules, on this view, are …

Decentralization And Public Participation In Urban Egypt, Joseph J Marino

Archived Theses and Dissertations

No abstract provided.

Family Law Teaching In The No-Fault Era: A Pedagogic Proposal, Noel Zaal

Journal of Legal Education

No abstract provided.

Interpreting Legal Constructivism, Gregory S. Alexander

Cornell Law Review

No abstract provided.

Lynch V. Donnelly: Has The Lemon Test Soured, Nancy Blyth Hersman

Loyola of Los Angeles Law Review

No abstract provided.

Anthropological Report On Land Use: Pueblo Of Sandia, Elizabeth A. Brandt

Sandia Pueblo Mountain Claim

Sandia Pueblo is an Indian community located approximaaiy 13 miles north of Albuquerque, New Mexico on the east bank of the Rio Grande river, a few miles to the west of the Sandia Mountains. Archaeological evidence shows that the village site was occupied around 1300 A.D. and that the village has remained in essentially the same area since then. The surrounding area was occupied by Indian hunters as early as 11,000 years ago and there is evidence of numerous smaller sites around Sandia and in the foothills of the mountain dating in the last millenia. Sandia religious practices also show …

Beyond Bok: Historical Jurisprudence In Replacement Of The Enlightment Project, Stephen B. Young

Journal of Legal Education

No abstract provided.

Rotten Social Background: Should The Criminal Law Recognize A Defense Of Severe Environmental Deprivation, Richard Delgado

Minnesota Journal of Law & Inequality

No abstract provided.

1985 Commencement Exercises, Benjamin N. Cardozo School Of Law

Commencement

Order of Exercises

Processional:

Herbert C. Dobrinsky, Vice President for University Affairs; Herald

Egon Brenner, Executive Vice President; Chief Marshal

Presiding:

Norman Lamm, President

Israel Miller, Senior Vice President

The National Anthem:

Cantor Abraham Davis, Congregation Kehilath Jeshurun, New York

Invocation:

Rabbi Marc Brick, Class of 1985

Welcome:

Monroe E. Price, Dean

Commencement Address:

Sol Wachtler, Chief Judge, Court of Appeals, State of New York

Conferring of Degrees:

Dean Price

Musical Interlude

Announcements:

Dr. Miller

Awards and Honors:

Dean Price

Jacob Burns

Remarks:

Suzanne Blond, Class of 1985

Hatikvah:

Cantor Davis

Recessional

To A Young Lawyer: Thoughts On Disobedience, L. Harold Levinson

Missouri Law Review

No abstract provided.

Antitrust , Lisa I. Fair

Chicago-Kent Law Review

No abstract provided.