Digital Commons Network^™

Journal Of International & Comparative Law And The International Practitioner's Notebook, Ilsa Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.

The Òpoweró Thing, Steven L. Winter

Law Faculty Research Publications

No abstract provided.

Privacy And Popularity: The Supreme Court Attempts To Polish The Public Image Of The Legal Profession In Florida Bar V. Went For It, Inc., Todd Mitchell

North Carolina Law Review

No abstract provided.

Why I Write, James Boyd White

Washington and Lee Law Review

No abstract provided.

The Chaotic Pseudotext, Paul F. Campos

Michigan Law Review

This article tries to get away from the traditionally epistemological (and instrumental, and normative) focus of the case method. In what follows, I will introduce two interrelated ideas designed to elucidate the problematic nature of contemporary legal interpretation: the concept of law as a chaotic discourse, and the problem of the legal pseudotext. These ideas will be presented and explored while we undertake a close reading of an appellate court opinion; however, the purpose of this reading is not the traditional one of attempting to determine if the case · is "correctly decided." Rather we will consider various questions that …

Positivism And The Separation Of Law And Economics, Avery Wiener Katz

Michigan Law Review

The goal of this essay is to explain this problem and to translate the meaning of positivism between legal and economic cultures, in order to show economists and lawyers why much of the debate about the jurisprudential merits of law and economics misses the mark. My thesis is that it is positivism, and the way economic culture treats the positive-normative distinction, that is responsible for much of the gulf between law and economics - but that it is also positivism that makes economics so appealing to so many lawyers and legal scholars. For a positivist approach can be useful to …

Affidavit Of Elizabeth A. Brandt, Ph.D. (With Resume), Elizabeth A. Brandt

Sandia Pueblo Mountain Claim

No abstract provided.

Militia Movement And Second Amendment Revolution: Conjuring With The People , David C. Williams

Cornell Law Review

No abstract provided.

The Conclusion That A Sinister Conspiracy Of Foreign Origin Controls Organized Crime: The Influence Of Nativism In The Kefauver Committee Investigation, David R. Wade

Northern Illinois University Law Review

The Special Senate Committee to Investigate Organized Crime in Interstate Commerce began its work on May 10, 1950 and concluded with the submission of its final report on May 1, 1951. The function of the Committee was to fully study the extent to which organized crime makes use of the facilities of interstate commerce. Following hearings held in 14 cities and testimony from more than 600 witnesses, the Committee concluded that a sinister conspiracy of foreign origin controls organized crime. The Committee's hearings were the first Congressional Committee hearings televised live to a national audience. This Article examines the influence …

Searching For Positivism, Philip Soper

Michigan Law Review

A Review of W.J. Waluchow, Inclusive Legal Positivism

All The Company Of Heaven, Milner S. Ball

Michigan Law Review

A Review of Joseph Vining, From Newton's Sleep

Statutory Interpretation And The Idea Of Progress, Daniel A. Farber

Michigan Law Review

A Review of William N. Eskridge, Dynamic Statutory Interpretation

Dream Makers: Black Judges On Justice, Julian Abele Cook Jr.

Michigan Law Review

A Review of Linn Washington, Black Judges on Justice

The Concept Of Law Revisited, Leslie Green

Michigan Law Review

A Review of H.L.A. Hart, The Concept of Law Second Edition

The Slavery Of Emancipation, Guyora Binder

Journal Articles

The Thirteenth Amendment abolishes the institution of slavery rather than freeing individual slaves. Yet it quickly came to stand for little more than granting universal rights to make labor contracts and to leave service. This article develops a distinction between abolishing an institution and reclassifying individuals within it. Drawing on the comparative history of slavery, it shows that the institution of slavery has generally included mechanisms for the manumission of slaves and their passage into a liminal status combining self-ownership with social subordination and relative isolation. A critical account of the Antelope litigation shows that proponents of mass manumission still …

The Slavery Of Emancipation, Guyora Binder

Cardozo Law Review

The Thirteenth Amendment of the U.S. Constitution commands that "neither slavery nor involuntary servitude shall exist." What has been the effect of this command?

It will serve my present purpose to offer the following toosimple answer to this complex question: the Thirteenth Amendment secured little more than the manumission of slaves already practically freed by the friction of war. It guaranteed, in Confederate General Robert Richardson's now well-known phrase, "nothing but freedom."

Supposing this answer to be true, a further question presents itself: Did the Thirteenth Amendment's effect fulfill its command? Did universal manumission abolish slavery?

A full answer to …

The Opinion Volume 36 Number 10 – April 3, 1996, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated April 3, 1996

Swimming The New Stream: The Disjunctions Between And Within Popular And Academic International Law, Jason Mark Anderman

Duke Journal of Comparative & International Law

No abstract provided.

Recovering Environmental Cleanup Costs Under The Resource Conservation And Recovery Act: A Potential Solution To A Persistent Problem, Randall J. Butterfield

Vanderbilt Law Review

The rise of environmental concerns in the 1950s and 1960s' led Congress to adopt a number of statutes designed to curtail the pro- duction of air and water pollution as well as to promote the proper handling, storage, and disposal of those substances capable of contaminating the nation's natural resources. Citizen suit provisions were eventually incorporated into these environmental statutes in an effort to supplement what many perceived to be less than diligent governmental enforcement measures. However, despite early congressional efforts to regulate air and water pollution, disposal of hazardous waste on land went largely unregulated. This legislative oversight resulted …

Defining Cutting Edge Scholarship: Feminism And Criteria Of Rationality, Nancy Levit

Chicago-Kent Law Review

No abstract provided.

The Interaction Of The Tort System And Liability Insurance Regulation: Understanding Moral Hazard, Seth J. Chandler

Connecticut Insurance Law Journal

No abstract provided.

Comments By Angel Oquendo, Ángel Oquendo

Faculty Articles and Papers

No abstract provided.

Revising Washington's Corporate Practice Of Medicine Doctrine, Lisa Rediger Hayward

Washington Law Review

Current Washington law prohibits the corporate practice of medicine. The courts have interpreted this doctrine to prohibit the employment of physicians by any entity, other than a professional corporation or health maintenance organization, even if the corporation only performs business functions. This Comment discusses the corporate practice of medicine doctrine in Washington and its usefulness in the modem health care environment. It argues that two of the doctrine's underlying justifications are effectuated more sensibly by current regulatory provisions and that the doctrine should be retained only to prevent lay interference with physician autonomy in medical decisions. This Comment recommends that …

Official English, Nationalism And Linguistic Terror: A French Lesson, Leila Sada Wexler

Washington Law Review

Despite the preeminence of English in international discourse and census data indicating that ninety-nine percent of Americans speak English either very well or well, the Official English movement has garnered significant political support over the last ten years. Divorced from its political polemic, the objective of the Official English movement is the adoption of an "English Language Amendment" (ELA) to the Constitution that would require the use of English in public discourse as a matter of law. This Article approaches the question of what legal difference an ELA would make by studying the French experience under a recently adopted constitutional …

Media Coverage Of The Post Title Ix Female Athlete: A Feminist Analysis Of Sport, Gender, And Power, Mary Jo Kane

Duke Journal of Gender Law & Policy

I. Introduction Sport is one of the most important institutions in American culture. This certainly is demonstrated by the vast resources spent on sport-related enter- prises. With respect to discretionary spending alone, billions of dollars are spent annually on the sale of licensed sport products (e.g., baseball caps). In 1992, retail sales of all licensed sport merchandise totaled $ 12.2 billion. 1 In the early 1990s, the top four men's professional sport leagues (football, bas- ketball, baseball, and ice hockey) generated almost $ 4 billion in revenues. 2 Most recently, Anheuser-Busch announced that they had signed a $ 40 million …

Republican Principles In International Law, Mortimer N.S. Sellers

All Faculty Scholarship

No abstract provided.

Consumer Protection For Latinos: Overcoming Language Fraud And English-Only In The Marketplace , Steven W. Bender

American University Law Review

No abstract provided.

Regrouping In Defence Of Minority Rights: Kymlicka's Multicultural Citizenship, Leighton Mcdonald

Osgoode Hall Law Journal

This article outlines and critically examines Will Kymlicka's reconstructed defence of minority rights. Although various doubts are cast on Kymlicka's own thesis, it is argued that there are alternative strategies-strategies that Kymlicka too hastily dismisses-available to defenders of (collective) minority rights. Further, any vindication of minority rights makes urgent the separate question of what (if any) institutional expression they should receive. One important question overlooked by Kymlicka is whether, contrary to widespread assumptions, minority rights are in fact appropriate candidates for constitutional entrenchment. Some of the relevant considerations raised by this issue are discussed in the final section of the …

Republican Principles In International Law, Mortimer Sellers

Connecticut Journal of International Law

Two hundred years ago, in the wake of the modem world's first great republican revolutions in France and the United States, Immanuel Kant endorsed a federation of independent republics as the only valid basis of international law.' Kant's federation echoed the new federal Constitution of the United States, which guaranteed a "republican form of government" to every state in the Union.' Enlightenment scholars supposed that if ever some powerful people could form a republic, republican principles would become the basis of a just world order.3 So republican ideas permeated and inspired the developing jus gentium,4 and several new states emerged …

The 1994 Term Of The Supreme Court And Freedom Of Speech, Martin H. Belsky

Tulsa Law Review

No abstract provided.