Digital Commons Network^™

Searches, Seizures, Confessions And Some Thoughts On Criminal Procedure: Regulation Of Police Investigation—Legal, Historical, Empirical, And Comparative Materials, Daniel Yeager

Florida State University Law Review

No abstract provided.

How Do You Get A Lawyer Around Here? The Ambiguous Invocation Of A Defendant's Right To Counsel Under Miranda V. Arizona, Adam G. Finger

Marquette Law Review

No abstract provided.

Good Kids, Bad Kids: A Revelation About The Due Process Rights Of Children, Cecelia M. Espenoza

UC Law Constitutional Quarterly

In the case of Reno v. Flores, the United States Supreme Court held that the indefinite detention of unaccompanied, immigrant children without a mandatory hearing before an immigration judge did not violate the children's substantive or procedural due process rights. To fully examine the procedural and substantive due process rights of these children, the Article engages in an analysis of children's due process rights in general, and then places the Reno v. Flores decision in context.

The New Wittgensteinians And The End Of Jurisprudence, George A. Martinez

Loyola of Los Angeles Law Review

No abstract provided.

Juror Empathy And Race, Douglas O. Linder

Faculty Works

No abstract provided.

Psychological Research On Children As Witnesses: Practical Implications For Forensic Interviews And Courtroom Testimony, John E.B. Myers, Karen J. Saywitz, Gail S. Goodman

McGeorge School of Law Scholarly Articles

No abstract provided.

Government Subsidies And Free Expression, Martin H. Redish, Daryl I. Kessler

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Departures Under The Federal Sentencing Guidelines: An Empirical And Jurisprudential Analysis, Michael S. Gelacak, Ilene H. Nagel, Barry L. Johnson

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Guests In Another's House: An Analysis Of Racially Disparate Bar Performance, 23 Fla. St. U. L. Rev. 721 (1996), Cecil J. Hunt Ii

UIC Law Open Access Faculty Scholarship

No abstract provided.

Book Review Of The Constitution As Political Structure, Richard W. Murphy

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

Book Review of The Constitution as Political Structure. By Martin Redish. New York: Oxford University Press. 1995. Pp. 229. Reviewed by: Richard W. Murphy.

Defamation, Reputation, And The Myth Of Community, Lyissa Barnett Lidsky

Washington Law Review

The complex interaction between defamation, reputation, and community values defines the tort of defamation. A defamatory communication tends to harm a plaintiff's reputation in the eyes of the plaintiffs community. Thus, to determine whether a given statement is defamatory, courts must first identify the plaintiff's community and its norms—an inquiry that presents both theoretical and doctrinal difficulties in a heterogeneous and pluralistic society. Current approaches to identifying the plaintiff's community are particularly inadequate in two common types of cases: (1) cases in which the plaintiff belongs to a subcommunity espousing different values than those prevailing generally, and (2) cases in …

Why I Write, James Boyd White

Articles

It is a great honor for me to speak to you on this occasion, celebrating the publication of such an original and important book. It is a pleasure of a different kind as well, for Lash LaRue is an old and good friend, and I welcome the chance to join with others in congratulating him.

Of Narrative In Law And Anthropology (Reviewing Three Titles), Rebecca Redwood French

Book Reviews

Reviewing Martha Minow et al. eds., Narrative, Violence, and the Law: The Essays of Robert Cover (1992); Robin West, Narrative, Authority, and Law (1993); and Lila Abu-Lughod, Writing Women’s Worlds: Bedouin Stories (1992).

Mapping The Limits Of Skepticism In Law And Morals, Eric Blumenson

Suffolk University Law School Faculty Works

This article identifies the theoretical and practical limits of postmodern skepticism about objective, transcultural standards in law and morals.

Stanley Fish tells us that moral issues are intelligible only within the "paradigms or communities that give them their local and changeable shape." This is one formulation of antifoundationalism, which rejects the idea of a transcultural moral reality that binds all people. Antifoundationalists see value judgments as contingent cultural products that cannot be objectively true.

But can we do anything with this thesis in practice? Postmodern pragmatists like Richard Rorty and Joan Williams believe that we can; they say we would …

The Fuzzy Logic Of Federalism, Deborah Jones Merritt

Case Western Reserve Law Review

No abstract provided.

State Constitutionalism In Practice, Joseph R. Grodin

Valparaiso University Law Review

No abstract provided.

Thermal Surveillance And The Extraordinary Device Exception: Re-Defining The Scope Of The Katz Analysis, Scott J. Smith

Valparaiso University Law Review

No abstract provided.

The Cult Of Finality: Rethinking Collateral Estoppel In The Postmodern Age, Laura Gaston Dooley

Valparaiso University Law Review

No abstract provided.

Representations Of Law In Popular Culture: Knowledge Constructions, Media Deconstructions, Virginia Rivalland

Theses: Doctorates and Masters

This thesis investigates law and analyses its representations in popular culture. Law is a powerful institution within western society with a regulatory role that is supported by a range of complementary discourses that accord with society's dominant cultural values. This thesis proposes that while such institutional hegemony is never stable as there is always an expectation of challenge or resistance, law is currently experiencing a series of challenges on numerous fronts. Legal commentators themselves acknowledge that law now faces a ‘crisis of confidence' that may affect its status and impact on its power to control and regulate. Media are cultural …

Defamation, Reputation, And The Myth Of Community, Lyrissa Lidsky

Faculty Publications

The complex interaction between defamation, reputation, and community values defines the tort of defamation. A defamatory communication tends to harm a plaintiff's reputation in the eyes of the plaintiff's community. Thus, to determine whether a given statement is defamatory, courts must first identify the plaintiff's community and its norms - an inquiry that presents both theoretical and doctrinal difficulties in a heterogeneous and pluralistic society. Current approaches to identifying the plaintiff's community are particularly inadequate in two common types of cases: (1) cases in which the plaintiff belongs to a subcommunity espousing different values than those prevailing generally, and (2) …

The Role Of The United Nations Security Council In African Peace Management: Some Porposals, A. Peter Mutharika

Michigan Journal of International Law

The United Nations global peace management scheme is based on certain fundamental assumptions that require serious reexamination as we enter the twenty-first century. Fundamental to the 1945 vision of global peace management was the prevention of a third world war through collective action by the great powers. Structurally, this was to be achieved by a system of great power governance through the mechanism of the Security Council. While the Charter confers on the Security Council "primary responsibility" for the maintenance of international peace and security, executive decision-making is reserved for the great powers through permanent membership and the veto power. …

Reformulated Gasoline Under Reformulated Wto Dispute Settlement Procedures: Pulling Pandora Out Of A Chapeau?, Jeffrey Waincymer

Michigan Journal of International Law

Part I of the article begins by outlining existing GATT/WTO provisions concerning trade-related environmental measures which were relevant to the Reformulated Gasoline case. Part II then outlines the facts in the dispute and gives a brief introduction to the decisions at the Panel and Appellate Body stages. Part III deals with the present and potential implications for the appellate process in terms of the substance of the dispute, the methodology and procedure adopted, and the wider issues that the case brings to attention. This Part also addresses some of the theoretical and practical issues that affect the question of the …