Digital Commons Network^™

Constitutional Law - Attorney & (And) Client: First Amendment Rights For Lawyers: Where Should North Dakota Draw The Line, Shon Kaelberer Hastings

North Dakota Law Review

No abstract provided.

United Nations Convention On The Rights Of The Child: Will It Help Children In The United States, Elizabeth M. Calciano

UC Law SF International Law Review

The United Nations Convention on the Rights of the Child (UNCRC) provides a comprehensive list of children's rights. While 139 countries have signed the UNCRC, signalling their intent to ratify, the United States has not yet done so. This Note examines the question of whether ratification of the UNCRC would help U.S. children. After exploring the plight of children in the United States and the potential uses of the UNCRC in U.S. courts, the Note concludes that ratification would benefit American children whose rights are litigated in U.S. courts.

Lawyer Decision Making: The Problem Of Prediction, Marjorie Mcdiarmid

Law Faculty Scholarship

This Article examines three competing models for lawyer decision making. Reviewing literature drawn from other disciplines, Professor McDiarmid applies each model to a particular lawyer decision task and provides a critique both of applicability and of the underlying assumptions of the models themselves. The Article concentrates on the problem of prediction in the face of uncertainty.

The Hate Speech Case: A Pyrrhic Victory For Freedom Of Speech?, G. Sidney Buchanan

Hofstra Law Review

No abstract provided.

Intellectual Authority And Institutional Authority, Charles W. Collier

UF Law Faculty Publications

This is an essay about the power of ideas and the influence of institutions.

What Gibbon termed the pure. "force of persuasion," unaided and unhindered by institutional context, I refer to as "intellectual authority." This has been defined as "the authority exerted by arguments that make their way simply by virtue of a superior rationality and do not depend for their impact on the lines of power and influence operating in an institution." The contrastive notion of "institutional authority" refers to the nonintellectual influence exerted by social, political, cultural, historical, legal, literary, educational, religious, and other institutions. The nonintellectual influence …

Rambo I: The Missouri Supreme Court Vs. The Wrongful Death Statute--Prelude To The Sequel, Michael T. Kokal

Missouri Law Review

Rambo v. Lawson answered the question left open by O'Grady v. Brown. O'Grady determined that a wrongful death cause of action existed for the death of a viable fetus. The O'Grady court, however, did not decide the question of whether a wrongful death cause of action existed for the death of a non-viable fetus. First, Rambo refused to breathe substantive life into the Missouri anti-abortion statutes beyond the abortion context. Second, and perhaps even more interesting for the future of Missouri wrongful death law, was the concurring opinion in Rambo written by Judge Robertson. Judge Robertson's opinion is significant because …

Postmodernism/Feminism/Law , Dennis Patterson

Cornell Law Review

No abstract provided.

Defending The Golden Door: The Persistence Of Ad Hoc And Ideological Decision Making In U.S. Refugee Law, J. Michael Cavosie

Indiana Law Journal

No abstract provided.

Infinite Strands, Infinitesimally Thin: Storytelling, Bayesianism, Hearsay And Other Evidence, Richard D. Friedman

Articles

David Schum has long been one of our keenest commentators on questions of inference and proof. He has been particularly interested in, and illuminating on, the subject of "cascaded," or multi-step, inference.' This is a subject of importance to lawyers, because most evidence at trial can be analyzed in terms of cascaded inference. Usually, the proposition that the fact finder2 might immediately infer from the evidence is not itself an element of a crime, claim, or defense. Most often, an extra inference would be required to jump from that proposition to a proposition that the law deems material. Thus, inference …

Where Have You Gone, Karl Llewellyn - Should Congress Turn Its Lonely Eyes To You, Stephen F. Ross

Faculty Scholarship

The purpose of this paper is to explore what, if anything, Congress should do about the canons of statutory construction to prevent judges who are more conservative (or perhaps, in a future era, more progressive) than the majority of the legislature from employing those canons to distort or frustrate legislative policy preferences.

The Question That Killed Critical Legal Studies, Michael Fischl

Faculty Articles and Papers

No abstract provided.

Corporate Political Speech, Larry E. Ribstein

Washington and Lee Law Review

No abstract provided.

The Case For Self-Determination, Guyora Binder

Journal Articles

This lecture offers an analysis and defense of the right of self-determination of peoples. The argument begins by analyzing self-determination into its universalist and nationalist components. The universalist component of self-determination is satisfied wherever institutions of government are majoritarian. The nationalist component of self-determination is satisfied to the extent that institutions of government are identified with particular communities. The universalist compoent is now widely recognized as an authoritative principle of international law. The nationalist component remains controversial, particularly outside of the particular context of the dismantling of European colonial empires. The lecture proceeds to defend the nationalist component by attacking …

Liberation, Dreams, And Hard Work: An Essay On Tribal Court Jurisprudence, Frank Pommersheim

Faculty Publications

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 …

Law As Discourse, George P. Fletcher

Faculty Scholarship

Legal theory has traditionally taken the use of sanctions to be a characteristic feature of any legal order. Positivists like John Austin take the notion of commands backed by threats to be the essence of law. Yet even those who scorn positivism, like Immanuel Kant, are equally committed to the view that the sovereign must enforce positive legal rules by punishing those who violate them.

This emphasis on sanctions has always struck me as a bit curious. It is not irrelevant to the understanding of legal phenomena, but it does seem to have been exaggerated in philosophical efforts to understand …

Searching For The Rule Of Law In The Wake Of Communism, George P. Fletcher

Faculty Scholarship

Of all the dreams that drive men and women into the streets, the "rule of law" is the most curious. We have a pretty good idea of what we mean by "free markets" and "democratic elections." But legality and the "rule of law" are ideals that are opaque even to legal philosophers. Thus, we have reason to puzzle whether political changes in Eastern Europe represent a renewed commitment to the rule of law. What constitutes living under the rule of law after Communism? What would count as achieving "a-state-based-on-law" – to use an expression popular in the last days of …

Judicial Deference To Nonlegal Decisionmakers: Imposing Simplistic Solutions On Problems Of Cognitive Complexity In Mental Disability Law, Donald N. Bersoff

SMU Law Review

No abstract provided.

Jury Service - It May Change Your Mind: Perceptions Of Fairness Of Jurors And Nonjurors, Daniel W. Shuman, Jean A. Hamilton

SMU Law Review

No abstract provided.

Political Correctness On College Campuses: Freedom Of Speech V. Doing The Politically Correct Thing, Craig B. Anderson

SMU Law Review

No abstract provided.

Against Constitutional Theory, Paul Campos

Publications

No abstract provided.

Pre-Figuration And Evaluation, Pierre Schlag

Publications

In this response to Professor Rubin, Professor Schlag argues that a prescriptive theory of evaluation does not free an evaluator from the bias inherent in his own pre-figurations. On the contrary, the belief that better evaluative criteria will advance the cause of fairer evaluation is itself an effect of flawed and unrationalized pre-figurations of conventional legal thought. Professor Schlag argues that the evaluation question and its attendant disputes arise from a more significant development--the unraveling of the dominant paradigm of legal thought, the decomposition of normative legal thought.

Thorup Brothers Construction, Inc. V. Auditing Division Of The Utah State Tax Commission : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (through 1999)

APPEAL FROM THE ORDER OF THE UTAH STATE TAX COMMISSION DATED MARCH 10, 1992

Thomson Newspapers, Dba The Daily Spectrum; Don E. Hogun; Brent Goodey; And Rick Guldan V. Terry R. West : Amicus Brief, Utah Supreme Court

Utah Supreme Court Briefs (through 1999)

BRIEF OF AMICUS CURIAE SOCIETY OF PROFESSIONAL JOURNALISTS, UTAH HEADLINERS CHAPTER

The Justice Mission Of American Law Schools, David Barnhizer

Cleveland State Law Review

Justice has been seen by many scholars as a premise about which much can be said but virtually nothing either proved or disproved through the application of the methodologies that provide the grounding for science. While justice is undeniably representative of a slippery and evasive set of concepts, it paradoxically reflects the fundamental values of Western society without which we cannot hold together the thin tissue of political organization that we call the "Rule of Law." As is described in the latter part of this article, justice is in fact a simple meta-principle, one about which we need not be …

Protecting Workers From Unlawful Interference With Their Jobs, Allan Kanner

Hofstra Labor & Employment Law Journal

Varieties of aggressive and improper forms of economic activity have existed as threats to civil order since at least biblical times. From this historical perspective, the capacity of some individuals to generate the destructive impact of "merger mania" run amok hardly seems shocking. Yet there is something profoundly threatening to civil order whenever a cabal of conspirators can, in the name of greed or avarice alone, destroy the lives and jobs of tens of thousands of individuals. However, civil society rarely allows itself to fall prey to such misconduct for long. A fundamental tenet of social life is that one …

Paramount Revisited: The Resurgence Of Vertical Integration In The Motion Picture Industry, Kraig G. Fox

Hofstra Law Review

No abstract provided.

Hernandez V. New York: Courts, Prosecutors, And The Fear Of Spanish, Juan F. Perea

Hofstra Law Review

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. …

Has The Supreme Court Allowed The Cure For De Jure Segregation To Replicate The Disease?, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.