Digital Commons Network^™

Desperately Seeking Science, Francis J. Mootz Iii

Scholarly Works

In this commentary I offer a lawyer’s view of what law and linguistics interdisciplinary studies might mean for legal practice, as well as a legal theorist’s view of what importance they may hold for jurisprudence. I do not pretend to have more than cursory knowledge about linguistics, and so my remarks about what linguistics scholars might gain from an interdisciplinary exchange necessarily will be brief general.

Interpreting Insurance Policies, Jeffrey W. Stempel

Scholarly Works

Like any other contract, an insurance policy may become the subject of a legal dispute. When disputes arise over insurance coverage, lawyers must combine their skill in contract interpretation with their knowledge of insurance law, bringing both to bear on the special problems related to this type of contract. Each dispute has unique traits, but a few basic ground rules of contract law and insurance law can help you interpret insurance policies and resolve disputes over insurance coverage.

Taking Liberties With The First Amendment: Congress, Section 5, And The Religious Freedom Restoration Act, Jay S. Bybee

Scholarly Works

In 1993 Congress enacted the Religious Freedom Restoration Act (“RFRA”), which provided that government, including the United States and the states, “shall not substantially burden a person's exercise of religion even if the burden results from a rule of general applicability” except where the government can demonstrate that the burden furthers “a compelling governmental interest” and is “the least restrictive means of furthering that interest.”

Unfortunately, whatever consistency RFRA might bring to the substance of church-state relations comes at the expense of clarity in federal-state relations. This is unfortunate because the First Amendment does not address church-state relations; it concerns …

Legal Aspects Of Gun Control: A Selective Bibliography, Michael T. Mccarthy

NYLS Journal of International and Comparative Law

No abstract provided.

Of Bureaucrats' Brothers-In-Law And Bankruptcy Taxes: Article 9 Filing Systems And The Market For Information, James W. Bowers

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

No abstract provided.

Mamas, Don't Let Your Babies Grow Up To Be Cowboys: Reconciling Trade And Cultural Independence, Robin L. Van Harpen

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.

From Hedonism To Human Rights: Felix Cohen's Alternative To Nihilism, 68 Temple L. Rev. 197 (1995), Joel R. Cornwell

UIC Law Open Access Faculty Scholarship

No abstract provided.

Book Review Of The Interpretable Constitution, Rebecca L. Brown

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

Book Review of The Interpretable Constitution. By William F. Harris II. Baltimore: Johns Hopkins University Press. 1993. Pp. xv, 208. Reviewed by: Rebecca L. Brown.

Imagery And Adjudication In The Criminal Law: The Relationship Between Images Of Criminal Defendants And Ideologies Of Criminal Law In Southern Antebellum And Modern Appellate Decisions, Bernard Harcourt

Faculty Scholarship

Criminal law opinions often project a distinct image of the accused. Sometimes, she is cast in a sympathetic light and may appear vulnerable or impressionable: a single mother, whose husband has died, struggling to raise her two, loving children; an impoverished, nineteen-year-old African-American with a fifth-grade education, "mentally dull and 'slow to learn;'" or a defenseless "obedient servant," protecting himself from an "adversary armed with a deadly weapon." On other occasions, the defendant may appear threatening, savage or even diabolical: a cold-blooded recidivist that escapes from a prison workcrew, brutally stabs, rapes and murders a woman, and returns for a …

European Community Law From A U.S. Perspective, George A. Bermann

Faculty Scholarship

Although less than forty years have passed since the founding of the European Economic Community (now the European Community), the lifetime of the Community is well marked temporally. The term of each Commission furnishes a convenient time-line for measuring the Community's progress in legal integration. Since the 1970s, each year has been punctuated by two or more "summit" meetings of heads of state or government. These summits not only are key markings in their own right, but also furnish an occasion for additional monitoring of the Community's state of health. Throughout the 1970s and into the 1980s, the Community submitted …

The "Language Of Law" And "More Probable Than Not": Some Brief Thoughts, Kent Greenawalt

Faculty Scholarship

By far the most testy moments of the conference arose out of the following problem. The Supreme Court had interpreted "knowingly" in a criminal statute regulating interstate commerce of child pornography to cover the age of participants, even though the placement of knowingly" in the statutory provision would, according to standard usages of English grammar, lead to its not being applied to that element of the crime. All participants at our conference fairly quickly acknowledged the following two truths: (1) the Court's construction did not fit ordinary English grammar, and (2) there might be appropriate (legal) reasons why statutory construction …

The Challenge Of Asian Law, Whitmore Gray

Articles

Several years ago, when U.S. trade across the Pacific finally surpassed that across the Atlantic, a small group of U.S. lawyers were already responding to the challenge of representing clients in transactions in Asia. While few had had the opportunity to take courses dealing with Asian law during their law school years, many entered the field because of undergraduate language and area studies courses. A few had taught courses dealing with Asia before beginning their law studies.

A Seville Standard For Aiders And Abettors: The Logic And Implications Of The Supreme Court's Decision In Central Bank V. First Interstate Bank, James L. Fuchs

Case Western Reserve Law Review

No abstract provided.

"To Say What The Law Is": Learning The Practice Of Legal Rhetoric, Leigh Hunt Greenhaw

Valparaiso University Law Review

No abstract provided.

Law And Literature: Joining The Class Action, Elizabeth Villiers Gemmette

Valparaiso University Law Review

No abstract provided.

Contingency And Coherence: The Interdependence Of Realism And Formalism In Legal Theory, Hamish Stewart

Valparaiso University Law Review

No abstract provided.

Defensor Fidei: The Travails Of A Post-Realist Formalism, Lyrissa Lidsky

Faculty Publications

This Article probes the philosophical and psychological attractions of formalism and suggests that its promise of stability and order may be essential to the effective functioning of the legal system, even if the promise can never be realized.

Towards Democracy In A New South Africa, Adrien Katherine Wing

Michigan Journal of International Law

Review of Constitutional Options for a Democratic South Africa: A Comparative Perspective by Ziyad Motala

Self-Determination In The Post-Cold War Era: A New Internal Focus?, Gregory H. Fox

Michigan Journal of International Law

Review of International Monitoring of Plebiscites, Referenda and National Elections: Self-Determination and Transition to Democracy by Yves Beigbeder

Why Redraw The Map Of Africa: A Moral And Legal Inquiry, Makau Wa Mutua

Michigan Journal of International Law

The author argues in this Article that the post-colonial state, the uncritical successor of the colonial state, is doomed because it lacks basic moral legitimacy. Its normative and territorial construction on the African colonial state, itself a legal and moral nullity, is the fundamental reason for its failure. The author argues that, at independence, the West decolonized the colonial state, not the African peoples subject to it. In other words, the right to self-determination was exercised not by the victims of colonization but their victimizers, the elites who control the international state system.

Surveying The "Forms Of Doctrine" On The Bright Line Balancing Test Continuum, James G. Wilson

Law Faculty Articles and Essays

This article's primary contribution to the rule/standard problem is to map the rule/standard continuum more precisely. This article will analyze several cases to reveal numerous forms of doctrine that are hybrids of the two archetypes, "rules" and "standards," including the aforementioned escape hatches, exceptions, and factor tests, and will also discuss costs and benefits of using each of these different forms, irrespective of substance. Judges must choose among a large number of valid forms, attempting to create the best "fit" between the chosen form, a judicial means, and higher-level ends, such as efficiency, social stability, consistency, or autonomy.The article will …

Unfrozen Caveman Justice, Gary Stein

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

Review essay: Unfrozen Caveman Justice Reviewing Hugo Black: A Biography. By Roger K. Newman. Pantheon Books. 632 pp. 1994. Reviewed by: Gary Stein.

Re-Imagining The Latino/A Race, Ángel Oquendo

Faculty Articles and Papers

No abstract provided.

Campus Speech Codes: The Threat To Liberal Education, 27 J. Marshall L. Rev. 709 (1994), Stephen Fleischer

UIC Law Review

No abstract provided.

The Constitution And The Subgroup Question, Martha Minow

Indiana Law Journal

Presented on Nov. 18, 1994, Indiana University School of Law-Bloomington as the 1994 Harris Lecture.

Concluding Remarks - Making Women Visible: Setting An Agenda For The Twenty-First Century, Berta E. Hernández-Truyol

UF Law Faculty Publications

The Women's Rights as International Human Rights Symposium (Symposium), sponsored by the International Women's Human Rights Project of the Center for Law and Public Policy at St. John's University, focused on the roles played by rules of law and by the conflation of economic, social, political, religious, cultural, and historic forces in the marginalization of women in the public and private sectors in both the international and domestic systems. The traditional exclusion of women from the articulation, development, implementation, and enforcement of rights has rendered gender issues invisible and thereby shielded gender-based abuses from much needed scrutiny. The flawed public/private …

Putting Women First, Mary I. Coombs

Articles

No abstract provided.

Monitoring Women's Right To Health Under The International Covenant On Economic, Social And Cultural Rights Conference On The Interventional Protection Of Reproductive Rights: The Right To Health , Audrey M. Chapman

American University Law Review

No abstract provided.

Modern Tribal Government: Social And Economic Realities And Opportunities, Ross O. Swimmer

St. Thomas Law Review

No abstract provided.

Shots Across No Man's Land: A Response To Handgun Control, Inc.'S, Richard Aborn, Nicholas J. Johnson

Fordham Urban Law Journal

In response to Richard Aborn's article "The Battle Over the Brady Bill and the Future of Gun Control Advocacy, Johnson argues that Aborn's "bad gun formula" trivializes the Second Amendment, ignores issues vital to the gun control debate, and obfuscates what should ultimately need to be a choice between an armed citizenry or a disarmed one. Aborn's article suggests no real changes and does not effectively advance the debate.