Digital Commons Network^™

The First Amendment Right To Petition Government For A Redress Of Grievances: Cut From A Different Cloth, 21 Hastings Const. L.Q. 15 (1993), Julie M. Spanbauer

UIC Law Open Access Faculty Scholarship

No abstract provided.

Book Review Of Legal Hermeneutics: History, Theory, And Practice, Paul Campos

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

Book Review of Legal Hermeneutics: History, Theory, and Practice. Edited by Gregory Leyh. Berkeley: University of California Press. 1992. Pp. xix, 325. Reviewed by: Paul Campos.

Book Review Of Natural Law Theory: Contemporary Essays, Steven D. Smith

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

Book Review of Natural Law Theory: Contemporary Essays. Edited by Robert P. George. New York: Clarendon Press, Oxford. 1992. Pp. 371. Reviewed by: Steven D. Smith.

Haitians: Seeking Refuge In The United States, 7 Geo. Immigr. L.J. 747 (1993), Joyce A. Hughes, Linda R. Crane

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Television Without Frontiers Directive: Preserving Cultural Integrity Or Protectionism, Arthur Dimopoulos

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Lawyer Competence: Perceptual Prisms, Self-Scrutiny, And The Looking Glass, Jonathan K. Stubbs

Law Faculty Publications

In recent years legal academia has begun to reimbrace in its scholarship an old and effective teaching device: narrative. This Essay respectfully tips its analytical mortar board in the direction of this venerable tradition passed down through countless generations of teachers and learners, inside the academy and out, and acknowledges a literary "debt" to Lewis Carroll as we consider a classic exchange between Alice and Humpty Dumpty. ...

State Responses To Task Force Reports On Race And Ethnic Bias In The Courts, Suellyn Scarnecchia

Articles

While several states have embarked on studies of race and ethnic bias in their courts, Minnesota is only the sixth to publish its report to date. As Minnesota joins the ranks of states with published reports, it is worthwhile to assess the impact of the five earlier published reports from other states. Final reports have been published in Michigan (1989), Washington (1990), New York (1991), Florida (1991) and New Jersey (1992). The published reports make findings and provide several specific recommendations for change. This article will review the published findings and recommendations of the task forces and will discuss the …

Judicial Opinions As Binding Law And As Explanations For Judgments, Thomas W. Merrill

Faculty Scholarship

To what extent does the executive branch have autonomous powers of legal interpretation? The issue is often broadly framed in terms of two disparate understandings of the allocation of interpretative power: "judicial supremacy" and "departmentalism." In this paper, I shall speak of two different understandings of judicial opinions: the idea that judicial opinions (or at least the "holdings" of opinions) are legally binding on actors in the executive branch, and the idea that opinions are, from the perspective of executive actors, merely explanations for judicial judgments. I adopt this locution because it focuses more precisely on the core of the …

A Primer On Kentucky Intestacy Laws, Carolyn S. Bratt

Kentucky Law Journal

No abstract provided.

Volume 43 Issue 4 (1993), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

Parental Coordination And Conflict In International Joint Ventures: The Use Of Contract To Address Legal, Linguistic, And Cultural Concerns, Steven R. Salbu

Case Western Reserve Law Review

No abstract provided.

Experts: Is The End Near For Their Use, William G. Burd, Madelyn Simon Lozano

Journal of Air Law and Commerce

No abstract provided.

The Role Of Human Rights In Global Securtiy Issues: A Normative And Institutional Critique, Douglas Lee Donoho

Michigan Journal of International Law

The purpose of this article is to evaluate the institutional and normative capacity of international human rights to effectively serve such enhanced roles in global peace and security matters. In particular, the analysis focuses on key normative and institutional weaknesses in the existing U.N. human rights system and addresses their implications for the roles which human rights might serve to enhance peace. By describing some of the system's fundamental weaknesses, this analysis also indicates important areas for reform within the U.N. system.

Dangerous Supplements: Resistance And Renewal In Jurisprudence, Peter Fitzpatrick, Ed., C. Harrington Jones

Dalhousie Journal of Legal Studies

Book review of Dangerous Supplements: Resistance and Renewal in Jurisprudence by Peter Fitzpatrick, ed. and published by Duke University Press (Durham, NC), 1991. (207 pp.)

Will A New Restatement Help Settle Troubled Waters: Reflections, Aaron Twerski, J. A. Henderson

Faculty Scholarship

No abstract provided.

Ethics And Style: The Lessons Of Literature For Law, Thomas Morawetz

Faculty Articles and Papers

No abstract provided.

The Central Meaning Of The Fourth Amendment, Tracey Maclin

UF Law Faculty Publications

No abstract provided.

Needed: A Community Experiment In Problem-Oriented Justice, Felice Kirby, Michael Clark, Tim Wall

Fordham Urban Law Journal

This essay examines some of the problems widely perceived to exist within the criminal justice system. Our experience is that when both the community and the police communicate and become more involved with each other, notable successes have transpired. The strategy of community policing affords the police agency, and through it the community at large, a chance for problem-solving every time an officer responds to an incident. This is in contrast to what is now considered traditional policing, whereby a 911 operator, removed from the scene of the incident, dispatches officers and then urges them to move on as soon …

Sexual Harassment And The Law: Justice Or Just Us, Shirley Mays

Faculty Publications

No abstract provided.

Bias In The Washington Courts: A Call For Reform, Melisa D. Evangelos

Seattle University Law Review

Because of the documented threat that racial and gender bias pose to the effective administration of justice in Washington, this Comment advocates amending the Washington Rules of Professional Conduct to explicitly make intentional gender and racial bias an act of attorney misconduct and to discipline any attorney who engages in such behavior. Section I of this Comment identifies and describes instances of attorney behavior that result in gender and racial bias and explains the impact of such bias on attorneys, clients, and the judicial system. Section II explores similar anti-bias rules proposed or in place in other states. Section III …

Responding To The Litigation Explosion: The Plain Meaning Of Executive Branch Primary Over Immigration, Kevin R. Johnson

North Carolina Law Review

No abstract provided.

Solidarity Or Solipsistic Tunnel Vision? Reminiscences Of A Renegade Rapporteur, Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

In short, human rights is "an essentially contested concept". I think it is important to be clear right from the beginning as to what we mean by human rights, because that assumption will determine the remainder of our analysis. Two conceptions, in particular, tended to surface in the Conference and it is important to spotlight them because they underpin, concretize and reflect many of the other tensions of the last couple of days. These I shall call "the essentialist" and "the critical modernist" versions of human rights.

Book Review Of Liberalism And Republicanism In The Historical Imagination, Cynthia V. Ward

Faculty Publications

No abstract provided.

Godel And Langdell--A Reply To Brown And Greenberg's Use Of Mathematics In Legal Theory, David R. Dow

UC Law Journal

In 1931, the German mathematician Kurt Godel proved that formal mathematical systems cannot be both complete and consistent. Using an intricate technique known as "embedding," Godel was able to use the basic tools of mathematical logic to prove their own indeterminacy. In recent years, scholars addressing law's indeterminacy have begun to discuss the applicability of Godel's Incompleteness Theorems, attempting to prove for law what Godel proved for mathematics.

In this Essay, Professor Dow challenges the utility of mathematical analysis in legal discourse. Focusing on a recent article by Mark R. Brown and Andrew C. Greenberg, Professor Dow shows that legal …

Harry Edward's Nostalgia, Paul D. Reingold

Articles

Until fairly recently, the work of people who thought and wrote about the law in its broadest cultural sense, and the work of those who thought and wrote about the law as it was practiced, did not intersect very much. The broad cultural issues tended to be the province of philosophers or political theorists or other academic social critics, while traditional legal scholarship - as it appeared in law school journals - remained firmly rooted in lawyers' questions. This is not to suggest that legal academics wrote nothing but practice manuals, but it is true that until the last twenty …

A Primer On Kentucky Intestacy Laws, Carolyn S. Bratt

Law Faculty Scholarly Articles

Some form of inheritance has existed since ancient times. The biblical story of Esau, who sold his birthright to his younger brother Jacob for a mess of potage, demonstrates the long-standing recognition of inheritance rights. Although the United States Constitution does not explicitly guarantee to the owner of property a right to transmit that property upon death to another person, the United States Supreme Court has held that a total abrogation of the right of inheritance without the payment of just compensation is unconstitutional.

Every state has a system of inheritance created by statute and by case law. State inheritance …

Book Review

Journal of Criminal Law and Criminology

No abstract provided.

Vmi Essays: The Curious Case Of The Virginia Military Institute: An Essay On The Judicial Function, Allan Ides

Washington and Lee Law Review

No abstract provided.

Harmonization Of Indirect Taxation And The Creation Of The Internal Market, Till Müller-Ibold

University of Miami International and Comparative Law Review

No abstract provided.

Will A New Restatement Help Settle Troubled Waters: Reflections, James A. Henderson, Jr., Aaron D. Twerski

American University Law Review

No abstract provided.