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It Takes A Militia: A Communitarian Case For Compulsory Arms Bearing, Glenn Harlan Reynolds Jan 1996

It Takes A Militia: A Communitarian Case For Compulsory Arms Bearing, Glenn Harlan Reynolds

Scholarly Works

In this Essay, the authors demonstrate that Communitarians and militias actually have more in common than it might at first appear. Summarizing the Communitarian agenda, the authors note that Communitarians speak a language that would be readily understood by the Framers, who saw militias as an important vehicle through which civic virtue could be transmitted.


Historical Attitudes Toward Suicide, Daniel M. Crone Jan 1996

Historical Attitudes Toward Suicide, Daniel M. Crone

Duquesne Law Review

No abstract provided.


Counsel For The Situation: The Latin Notary, A Historical And Comparative Model, Pedro A. Malavet Jan 1996

Counsel For The Situation: The Latin Notary, A Historical And Comparative Model, Pedro A. Malavet

UC Law SF International Law Review

Compared to the legal profession found in the United States, in Latin countries an impartial counsel who advises all parties to a transaction is located at the top of the legal hierarchy and is referred to as the Latin notary. The Latin notary is granted exclusive power to perform certain legal functions such as memorialization of transactions. The Latin notary combines the competence traditionally associated with a public official and the discretion and responsibility of a private legal professional. For these reasons, the Latin notary is quite different from notaries public in the United States. The Latin notary owes a …


Private Communities Or Public Governments: "The State Will Make The Call", Harvey Rishikof, Alexander Wohl Jan 1996

Private Communities Or Public Governments: "The State Will Make The Call", Harvey Rishikof, Alexander Wohl

Valparaiso University Law Review

No abstract provided.


The Legal Environment Of International Finance: Thinking About Fundamentals, Merritt B. Fox Jan 1996

The Legal Environment Of International Finance: Thinking About Fundamentals, Merritt B. Fox

Michigan Journal of International Law

Review of International Finance: Transactions, Policy, and Regulations by Hals S. Scott and Philip A. Wellons


Educating Lawyers For The Global Economy, John O. Haley Jan 1996

Educating Lawyers For The Global Economy, John O. Haley

Michigan Journal of International Law

Review of Law and Investment in Japan: Cases and Materials (Yukio Yanagida, Daniel H. Foote, Edward S. Johnson, Jr., J. Mark Ramseyer & Hugh T. Scogin, Jr. eds.)


Comment: Between Women/Between Men: The Significance For Lesbianism Of Historical Understandings Of Same-(Male)Sex Sexual Activities, Mary I. Coombs Jan 1996

Comment: Between Women/Between Men: The Significance For Lesbianism Of Historical Understandings Of Same-(Male)Sex Sexual Activities, Mary I. Coombs

Articles

No abstract provided.


"Irresponsible" Reproduction, Linda C. Mcclain Jan 1996

"Irresponsible" Reproduction, Linda C. Mcclain

UC Law Journal

A prominent target of recent calls to restore personal responsibility through changes in law and public policy is "irresponsible" reproduction: a cluster of reproductive behaviors and choices including "illegitimacy," single-parent families, divorce, abortion, and adolescent sexual activity and parenthood. In this Article, Professor McClain critically evaluates the rhetoric of irresponsible reproduction. She identifies three paradigmatic models of irresponsibility-the single mother, the welfare mother, and the teen mother-and the three corresponding aspects of irresponsibility-immorality, unaccountability, and incapacity. Focusing upon the recent national debates over welfare reform, she argues that the rhetoric of irresponsible reproduction cannot serve as an adequate basis for …


Cabining The Constitutional History Of The New Deal In Time, G. Edward White Jan 1996

Cabining The Constitutional History Of The New Deal In Time, G. Edward White

Michigan Law Review

A Review of William E, Leuchtenburg, The Supreme Court Reborn: The Constitutional Revolution in the Age of Roosevelt


First And Fifth Amendment Challenges To Export Controls On Encryption: Bernstein And Karn, Laura M. Pilkington Jan 1996

First And Fifth Amendment Challenges To Export Controls On Encryption: Bernstein And Karn, Laura M. Pilkington

Santa Clara Law Review

No abstract provided.


Liberty Without Equality: The Property-Rights Connection In A Negative Citizenship Regime, David Abraham Jan 1996

Liberty Without Equality: The Property-Rights Connection In A Negative Citizenship Regime, David Abraham

Articles

Why, in comparison with other liberal capitalist democracies, is the social welfare state so poorly anchored in American law and public discourse? Surely American political and social history have contributed much to the weakness of our "social state." But law, too, has played a significant material, as well as ideological, role and has provided the terrain for much of our social development. This essay explores the particular contribution of the property-liberty nexus to the stunted development of positive liberty and social citizenship in the United States. It traces this connection from the natural rights and bourgeois Founders through several key …


No Lever And No Place To Stand (A Response To Christopher Shannon), John Henry Schlegel Jan 1996

No Lever And No Place To Stand (A Response To Christopher Shannon), John Henry Schlegel

Journal Articles

No abstract provided.


Ten Thousand Tiny Clients: The Ethical Duty Of Representation In Children's Class-Action Cases, Martha Matthews Jan 1996

Ten Thousand Tiny Clients: The Ethical Duty Of Representation In Children's Class-Action Cases, Martha Matthews

Fordham Law Review

No abstract provided.


Judicial Creation Of Norms In Japanese Labor Law: Activism In The Service Of — Stability?, Daniel H. Foote Jan 1996

Judicial Creation Of Norms In Japanese Labor Law: Activism In The Service Of — Stability?, Daniel H. Foote

Articles

This Article begins by examining the judiciary's role in employment litigation. Part II then considers the implications of this and related examples of judicial creation of norms in Japan. Plainly, in this context the stereotype of a passive judiciary with little significance for private parties is inaccurate. Yet do these cases truly reflect judicial "activism"? What is their significance with respect to the separation of powers debate? Even with regard to the sphere of private ordering, what judicial philosophy do they reflect? This Article then examines the impact that this judicially created set of employment norms has had, both on …


"Irresponsible" Reproduction, Linda C. Mcclain Jan 1996

"Irresponsible" Reproduction, Linda C. Mcclain

Faculty Scholarship

In recent years, there have been countless calls for reversing the rise in irresponsibility in American society.' Calls for restoring personal responsibility in both private and political life sound from both of the major political parties as well as from various cultural critics, pundits, and academics. 2 Proponents of a return to personal responsibility wage their battle on numerous fronts, advocating a cultural revolution, a moral revival, and a recovery of "virtue" to bring about a reformation of attitudes and behaviors regarded as troublesome. 3 Many voices now urge that law and public policy should encourage, or require, personal responsibility …


Bringing Foucault Into Law And Law Into Foucault, Hugh Baxter Jan 1996

Bringing Foucault Into Law And Law Into Foucault, Hugh Baxter

Faculty Scholarship

The announced purpose of Alan Hunt and Gary Wickham 's book Foucault and Law, is "to demonstrate the pertinence of [Michel] Foucault for contemporary issues in legal studies. " In this review essay, I acknowledge the important contributions Hunt and Wickham have made, both in introducing basic Foucaultian concepts to a legal academic audience, and in identifying the defects in Foucault's explicit discussions of law. Yet, I contend, the authors turn too quickly from Foucault's work toward their own new research project, the "sociology of law as governance." Rather than constructing a new subdiscipline of the sociology of law, I …


Mesopotamian Legal Traditions And The Laws Of Hammurabi, Martha T. Roth Oct 1995

Mesopotamian Legal Traditions And The Laws Of Hammurabi, Martha T. Roth

Chicago-Kent Law Review

No abstract provided.


The University Of North Carolina Intergenerational Legal Ethics Project: Expanding The Contexts For Teaching Professional Ethics And Values, Walter H. Bennett Jr. Jul 1995

The University Of North Carolina Intergenerational Legal Ethics Project: Expanding The Contexts For Teaching Professional Ethics And Values, Walter H. Bennett Jr.

Law and Contemporary Problems

The University of North Carolina Law School Intergenerational Legal Ethics Project (UNC Project) is an effort to identify new course concepts and structures and other curricular innovations that can bring education in professional values to a deeper, more personal level. The UNC project includes the premise that ethical learning is deep, internal learning.


Enriching The Legal Ethics Curriculum: From Requirement To Desire, Heidi Li Feldman Jul 1995

Enriching The Legal Ethics Curriculum: From Requirement To Desire, Heidi Li Feldman

Law and Contemporary Problems

The faculty at the University of Michigan Law School has been attempting to increase students' awareness of the practical significance of legal ethics and the relationship between legal ethics and other areas of law. Feldman describes some of Michigan's innovations in the area of professional responsibility and outlines some of the plans to expand and improve the reforms already in place.


Standing Alone: Standing Under The Fair Housing Act, Michael E. Rosman Jun 1995

Standing Alone: Standing Under The Fair Housing Act, Michael E. Rosman

Missouri Law Review

In 1980, one of the leading authorities on housing law noted that the Supreme Court had been "especially active" in the 1970's in addressing standing problems in cases with allegations of housing discrimination;' indeed, he wrote that "standing problems in fair housing cases seem to have grown out of all proportion to their proper place in this field. Part I of this article reviews the general principles of standing as they have been enunciated in the last few decades by the Supreme Court. Part II examines the analysis of the "injury" requirement in Ragin v. Harry Macklowe, and points out …


In Accordance With The Words Of The Stele: Evidence For Old Assyrian Legislation, Klaas R. Veenhof Jun 1995

In Accordance With The Words Of The Stele: Evidence For Old Assyrian Legislation, Klaas R. Veenhof

Chicago-Kent Law Review

No abstract provided.


A Lieber Bibliography, With Annotations Apr 1995

A Lieber Bibliography, With Annotations

Cardozo Law Review

No abstract provided.


Institutions And Linguistic Conventions: The Pragmatism Of Lieber's Legal Hermeneutics, Guyora Binder Apr 1995

Institutions And Linguistic Conventions: The Pragmatism Of Lieber's Legal Hermeneutics, Guyora Binder

Journal Articles

This article presents Francis Lieber’s 1839 treatise “Legal and Political Hermeneutics” as a surprisingly modern and pragmatic account of interpretation. It first explicates the two most important influences on Liber’s thought, the romantic philology of Friedrich Schleiermacher, and the institutional positivism of Whig jurists Story and Kent. It shows that both of these sources frankly acknowledged that interpretation is an institutional practice, organized by the evolving aims and customs of the institutions within which it took place. Both tended to view the writing and reading of texts as the deployment of linguistic conventions. Both movements thereby viewed meaning for all …


Institutions And Linguistic Conventions: The Pragmatism Of Lieber's Legal Hermeneutics, Guyora Binder Apr 1995

Institutions And Linguistic Conventions: The Pragmatism Of Lieber's Legal Hermeneutics, Guyora Binder

Cardozo Law Review

Like many other forms of social thought, legal theory has, over the last quarter century, taken an "interpretive" turn. Recent and contemporary writing on legal hermeneutics may be credited with two sensible but unsurprising claims about legal language.


Historical Perspective Of The "Sex Psychopath" Statute: From The Revolutionary Era To The Present Federal Crime Bill, Rachel Blacher Mar 1995

Historical Perspective Of The "Sex Psychopath" Statute: From The Revolutionary Era To The Present Federal Crime Bill, Rachel Blacher

Mercer Law Review

No abstract provided.


Ph.D. In Dispute Resolution Student Handbook, Nova Southeastern University Jan 1995

Ph.D. In Dispute Resolution Student Handbook, Nova Southeastern University

College of Arts, Humanities, and Social Sciences Course Catalogs

No abstract provided.


Civilizing The Savages: A Comparison Of Assimilation Laws And Policies In The United States And Australia, Craig J. Trocino Jan 1995

Civilizing The Savages: A Comparison Of Assimilation Laws And Policies In The United States And Australia, Craig J. Trocino

Articles

No abstract provided.


The Constitution In Congress: The Second Congress, 1791--1793, David P. Currie Jan 1995

The Constitution In Congress: The Second Congress, 1791--1793, David P. Currie

Articles

No abstract provided.


Deadly Pastime: Americans And Guns, Joyce Saltalamachia Jan 1995

Deadly Pastime: Americans And Guns, Joyce Saltalamachia

NYLS Journal of International and Comparative Law

Book review of LETHAL PASSAGE: HOW THE TRAVELS OF A SINGLE HANDGUN EXPOSE THE ROOTS OF AMERICA'S GUN CRISIS. By Erik Larson. New York: Crown Publishers. 1994.


The Seventeenth-Century Revolution In The English Land Law, Charles J. Reid Jr. Jan 1995

The Seventeenth-Century Revolution In The English Land Law, Charles J. Reid Jr.

Cleveland State Law Review

It is the purpose of this Article to explore systematically the creation of the new system of land law in the seventeenth century. The Article opens with a brief introduction to some of the major events of the seventeenth century to assist readers unfamiliar with this period. Successive sections will then treat the abolition of the feudal tenures and the adoption of socage tenure, the defeat of copy hold and the triumph of the enclosure movement, the creation of the rule against perpetuities and the strict settlement, and the creation of the modem trust and mortgage instruments.