Digital Commons Network^™

Law As A Social Thought, Paul H. Brietzke

Valparaiso University Law Review

No abstract provided.

Origin Of The Federal Circuit: A Personal Account, Daniel J. Meador

American University Law Review

No abstract provided.

The Jurisprudence Of Affirmative Action: Equality In Abstraction And Application, Alec Anthony Izzo

St. Thomas Law Review

Analyzing the results in affirmative action cases decided in the last fourteen years tends to invite specious observations. For example, it is true that only 50% of the affirmative action plans reviewed by the Supreme Court withstand constitutional attack, while 80% withstand federal statutory attack. Additionally, more than half of the Court's affirmative action opinions have been authored by Justice Brennan and in each case the challenged plan has been approved. Further, two cases evaluating the constitutional merits of affirmative action were written by Justice Powell, whose opinions resulted in findings of unconstitutionality, and whose language echoes long beyond his …

Some Problems With "Origins", Stephen A. Conrad

Articles by Maurer Faculty

No abstract provided.

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. …

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 Chancery Court Of Nova Scotia: Jurisdiction And Procedure 1751-1855, Jim Cruickshank

Dalhousie Journal of Legal Studies

The Court of Chancery in Nova Scotia enjoyed a history that may best be described as a progression from obscurity to infamy. During its first half-century, the Court operated with an intermittent caseload and remained out of the public eye. During its final years, the Court came under increasing public criticism as an unnecessary and inefficient institution. This paper seeks to delve behind these criticisms to ask two questions: what did the Court do and how did it do it? This inquiry into jurisdiction and procedure is undertaken with the criticisms of the Court in mind. Indeed, I hope that …

Disabled Clients, Disabling Lawyers, Anthony V. Alfieri

Articles

No abstract provided.

Annotated Chronological Index

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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

Faculty Articles

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 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. This …

Racism And Patriarchy In The Meaning Of Motherhood, Dorthy E. Roberts

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Rouge Et Noir Reread: A Popular Constitutional History Of The Angelo Herndon Case, Kendall Thomas

Faculty Scholarship

In 1932, Eugene Angelo Braxton Hemdon, a young Afro-American member of the Communist Party, U.S.A., was arrested in Atlanta and charged with an attempt to incite insurrection against that state's lawful authority. Some five years later, in Herndon v. Lowry, Herndon filed a writ of habeas corpus asking the U.S. Supreme Court to consider the constitutionality of the Georgia statute under which he had been convicted. Two weeks before his twenty-fourth birthday, the Court, voting 5-4, declared the use of the Georgia political-crimes statute against him unconstitutional on the grounds that it deprived Herndon of his rights to freedom …

Rape And Responsibility, Lynne Henderson

Articles by Maurer Faculty

I am a "lucky" survivor of a rape committed by a stranger - "lucky", because people believed me, a jury convicted the man of raping me, and he is still in prison ten years later. I know many women who have been raped who were not so fortunate, because they believed the rape was their fault, because no one else believed them, because they knew their rapist, or because they were married to him and it wasn't a crime. We share some things - the anger, the pain, the anguish, the fear - and not others; nevertheless, this is what …

Owning And Controlling Technical Information, Vivian Weil

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society, April 5, 1990.

Lawrence Church On The Scope Of Judicial Review And Original Intention, Raoul Berger

North Carolina Law Review

No abstract provided.

Thinking About Law Historically: Why Bother, John V. Orth

North Carolina Law Review

No abstract provided.

The Lingering Legacy Of "In Loco Parentis": An Historical Survey And Proposal For Reform, Brian Jackson

Vanderbilt Law Review

The changing legal relationship between students and their college or university reflects the evolution of higher education in this country. During the Colonial period and the early years of the Republic, higher education was conducted mainly through small, church-affiliated colleges. In most cases, the founders and faculties of early American schools imitated the collegiate systems of Oxford and Cambridge. Stu- dents and their teachers aspired to withdraw from the world of everyday affairs to live and work in an environment that mirrored the families students left behind. Faculties were concerned not only with intellectual advancement but also with the development …

Freud And Critical Legal Studies: Contours Of A Radical Socio-Legal Psychoanalysis, David S. Caudill

Indiana Law Journal

No abstract provided.

Women And Law In Classical Greece, Craig Y. Allison

Michigan Law Review

A Review of Women in Law in Classical Greece by Raphael Sealey

Subsequent Remedial Measures And The Louisiana Code Of Evidence: Some Thoughts On Interpretation, David M. Bienvenu Jr.

Louisiana Law Review

No abstract provided.

Re-Imagining Childhood And Reconstructing The Legal Order: The Case For Abolishing The Juvenile Court, Janet E. Ainsworth

North Carolina Law Review

No abstract provided.

Social Transformation Theory, African Americans And The Rise Of Buffalo's Post-Industrial City, Henry Louis Taylor Jr.

Buffalo Law Review

No abstract provided.

The Concept Of Law And The New Public Law Scholarship, Edward L. Rubin

Michigan Law Review

This article is an attempt to identify the nature of an emerging field of legal scholarship known as "New Public Law." "New," of course, is a dangerous term. Our society's image of itself as forward looking and its tendency to market itself to itself through claims of novelty has spawned a range of phrases from the New Deal to the New Criticism to various new, improved laundry detergents. One does not hear very many positive comments about the "old" these days. The argument that old ways of doing things are better has become an emblem of mistaken thought, and the …

Communists And The First Amendment: The Shaping Of Freedom Of Advocacy In The Cold War Era, Marc Rohr

San Diego Law Review

This Article examines in chronological sequence, the evolution of first amendment law in tandem with the experience of the Communist Party of the United States. It begins with the case of Dennis v. United States, decided in 1951, which upheld the conviction of eleven leaders of the Communist Party of the United States for conspiring to advocate the forcible overthrow of the U.S. government. The author examines the present significance of this decision with respect to freedom of association and speech. Between the years of 1949 and 1967, the story of American Communists parallels the evolution of the law of …

Historical Study Of Personal Injury Litigation: A Comment On Method, Thomas D. Russell

Sturm College of Law: Faculty Scholarship

In this piece, Russell argues in favor of archival work in the trial-court records rather than appellate court reports in order to gain a more accurate historical view.

Once More Into The Breach: Fact Versus Opinion Revisited After Milkovich V. Lorain Journal Co., Ronald K. Chen

Seton Hall Constitutional Law Journal

No abstract provided.

Constitutional Problems Surrounding The Implementation Of "Anti-Gang" Regulations In The Public Schools, James A. Maloney

Marquette Law Review

No abstract provided.

Book Reviews Of Liberty, Property, And The Future Of Constitutional Development, And Judicial Power And Reform Politics: The Anatomy Of Lochner V. New York, Herbert Hovenkamp

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

Book Review of Liberty, Property, and the Future of Constitutional Development. Ellen Frankel Paul and Howard Dickman, eds. Albany: State Univ. of New York Press. 1990. Pp. vii, 340 ; Judicial Power and Reform Politics: The Anatomy of Lochner v. New York. By Paul Kens. Lawrence, KS.: Univ. Press of Kansas. 1990. Pp. 232. Reviewed by: Herbert Hovenkamp.

A Family Like Any Other Family: Alternative Methods Of Defining Family In Law, Kris Franklin

Articles & Chapters

No abstract provided.

The Condominia Of Morgan: A Family Of Bankers And A Family Of Banks, Michael P. Malloy

Fordham Law Review

The House of Morgan, By R. Chernow. Atlantic Monthly Press, 1990. Pp. 812. $14.95