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"Our Real Need": Not Explanation, But Education, Thomas D. Eisele

Faculty Articles and Other Publications

Wittgenstein wrote nothing on legal theory or law, so there is no obvious textual basis on which to draw possible connections between Wittgenstein and legal theory. And Wittgenstein abhorred theorizing in philosophy. So the odds are slim that Wittgenstein would have accommodated himself or his work to similar activity in the law. Where does this leave us?

At sea, which is where we normally are in life and, thus, where Wittgenstein wants us to recognize ourselves as being when doing philosophy too. But theory can disguise this fact from us, as it also can make us think that we have …

Never Mind The Manner Of My Speech: The Dilemma Of Socrates' Defense In The Apology, Thomas D. Eisele

Faculty Articles and Other Publications

What might we learn from reading Plato's Apology? Socrates, the foremost teacher in Western culture, is on trial for his life, and he defends the way he has lived by describing how he has conducted himself; this means describing how he has taught and what he has taught and why he teaches as he does. The charge against Socrates is that he does not believe in the traditional deities of Athens and instead has introduced new deities (an apparent reference to his inner voice, his daimonion).This impiety on his part has led him to corrupt Athenian youths influenced by his …

The Admissibility Of Scientific Evidence In Illinois, M. Thaddeus Murphy

Loyola University Chicago Law Journal

No abstract provided.

The Invasion Of Panama Was A Lawful Response To Tyranny, Anthony D'Amato

Faculty Working Papers

The Grenada and Panama interventions contributed to the momentum of popular sovereignty. Not only did the United States remove tyrannical leaders from those two countries, but more importantly it set an example that has undoubtedly shaken other ruling elites that enjoy tyrannical control in their own countries. For even if some of those entrenched elites regard themselves as secure against popular uprising in their own countries (usually by the application of torture and brutality against political dissidents), they cannot now feel totally insulated against foreign humanitarian intervention. Thus, Grenada and Panama may very well act as catalysts in the current …

Indeterminacy And Incommensurability In Constitutional Law, Steven L. Winter

Law Faculty Research Publications

Progressive constitutional scholarship has yet fully to confront the implications of the conservative shift in constitutional law. Liberal critics continue to seek governing constitutional theories with which to constrain decisionmaking by judges of a notably different mind. Other, more radical scholars employ the indeterminacy and "law is politics" critiques in a more open attempt at displacement. Neither approach is viable, however. Each presumes the primacy of the autonomous, self-directing subject; each resists recognition of the situated nature of all human endeavor. This essay adopts the alternative strategy: exploring the implications of situatedness as they apply to the development, practice, and …

Income Tax Base: Moving From The British Source Doctrine To The American Concept Of Accretion To Wealth--The Israeli Experience, Yoseph Edrey

Global Business & Development Law Journal

No abstract provided.

Unrightable Wrongs: The Rehnquist Court, Civil Rights, And An Elegy For Dreams, D. Marvin Jones

Articles

No abstract provided.

Tort Liability For Artificial Intelligence And Expert Systems, 10 Computer L.J. 127 (1990), George S. Cole

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Terrorism In National And International Law, Caleb M. Pilgrim

Penn State International Law Review (1982 - 2011)

Efforts at regulating terrorism so far illustrate one central fact: the lack of balance between our conception of terrorism as applied by the individual practitioner and our conception of terrorism as practiced by government officials. The balance seems weighted in favor of governments even in those pathological cases where the patients had been rather unceremoniously treated for their allergies to dictatorship. Government in some cases control, in others influence, the sources of information concerned with national security. Stigmatization of sometime legitimate resistance - labeling it as "terrorist" - deprived such protests of legitimacy and protection. The people in power, the …

If I Had A Rocket Launcher: Critical Legal Studies As Moral Terrorism, David Fraser

UC Law Journal

Critical Legal Studies has been described, by friend and foe alike, as a form of guerilla warfare. This Article shows that this characteristic is politically and militarily inaccurate. Rather, it advances the argument that Critical Legal Studies bears a closer resemblance to urban "terrorist" groups such as the Red Army Faction and the Red Brigades. It argues that if proponents of Critical Legal Studies were to draw inspiration from the practices of "terror" and "terrorists," they would be better placed to extract the full political and practical potential from the doctrines they espouse and proclaim. Or, at least, they could …

Nonverbal Communication From The Other Side: Speaking Body Language, John L. Barkai

San Diego Law Review

In this Article, Professor Barkai highlights the relationship between nonverbal communication and the legal profession. The author notes that lawyers are quickly realizing importance of nonverbal behavior in determining the nature of communication and the relationship between the communicators. As such, he sets out to define a broader and more universal role for conscious nonverbal communication in law. His analysis covers the mechanics of body language and the importance of nonverbal communication in the law office whether dealing with other attorneys, witnesses, or clients. Using research drawn from the social sciences, the author concludes that lawyers can consciously speak body …

Book Review. Conceptual Change And The Constitution, Stephen A. Conrad

Articles by Maurer Faculty

No abstract provided.

The Dualist Model Of Legal Teaching And Scholarship, Marin Roger Scordato

Scholarly Articles

It is not the purpose of this Article to evaluate the accuracy of the claim that teaching and research can be mutually supportive functions. Instead, the following analysis focuses on an aspect of the current situation which has been given much less attention, the costs to both legal scholarship and to law school teaching that result from the predominant dualist model. Identifying and examining some of these costs is important because even if it were established conclusively that legal research and teaching are mutually supportive pursuits, the desirability of the dualist model ultimately depends upon a balancing of the benefits …

Corporate Philanthropy And The Business Benefit: The Need For Clarity, Shelby D. Green

Elisabeth Haub School of Law Faculty Publications

The need for clarity or harmony is the subject of this essay. Part II summarizes a philosophical debate between two scholars on the mission of the corporation. Part III briefly traces the historical development of the relevant principles and Part IV examines the actual philanthropic practices of several large publicly held corporations. Finally, Part V considers the continuing significance of the common law rule in light of these practices and urges support for the ALI proposal.

English-Only Rules In The Workplace: The Ninth Circuit Attempts To Redefine The Parameters, Robert R. Oliva

NYLS Journal of Human Rights

No abstract provided.

Principles, Not Fictions Exchange, Cass R. Sunstein

Articles

No abstract provided.

If At First You Do Succeed: Recognition Of State Preclusive Laws In Subsequent Multistate Actions, Gregory S. Getschow

Villanova Law Review (1956 - )

No abstract provided.

Constitutionalizing The "Right To Die", Thomas Wm. Mayo

Maryland Law Review

No abstract provided.

Emma Bovary, Nathan Marx And The Writer's Art, Vivian Deborah Wilson

UC Law SF Communications and Entertainment Journal

In this Essay, the author addresses censorship by examining public reaction to two literary works: Flaubert's Madame Bovary and Roth's Defender of the Faith. She presents the dangers of silencing writers to prevent readers from finding in these writings "confirmation for their own fully-developed intolerance, bigotry, hatred and violence."

Translation, Interpretation, And The Law, James Boyd White

Book Chapters

As my title suggests I wish here to elaborate some connections among the practices we know as translation, interpretation, and law.

In The Matter Of The Estate Of Lyman W. Hemmert Aka L. W. Hemmert, Deceased, Rose Nagy Hemmert : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (through 1999)

APPEAL FROM THE JUDGMENT OF THE FIRST DISTRICT COURT IN AND FOR BOX ELDER COUNTY, STATE OF UTAH HONORABLE F. L. GUNNELL. JUDGE

Protecting Children In Nontraditional Families: Second Parent Adoptions In Washington, Carrie Bashaw

Seattle University Law Review

Most adults take for granted their right, through marriage and adoption, to legally protect their relationship with children. A substantial segment of adults, however, cannot take this right for granted. In some states these individuals are denied the right to have a legal relationship with their partners' children because they are lesbians. The rights and needs of children in these nontraditional families could be recognized through second parent adoptions. In essence, a second parent adoption is the adoption of a child by the partner of the child's natural or legal parent. For example, suppose a lesbian couple, Emily and Lynn, …

Federal Arbitration Law And State Court Proceedings, Zhaodong Jiang

Loyola of Los Angeles Law Review

No abstract provided.

Book Review Of Conceptual Change And The Constitution, Stephen A. Conrad

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

Book Review of Conceptual Change and the Constitution. Edited by Terence Ball and J.G.A. Pocock. Lawrence, Kansas: University of Kansas Press. 1988. Pp. x, 218. Reviewed by: Stephen A. Conrad.

Solving The Pretext Puzzle: The Importance Of Ulterior Motives And Fabrications In The Supreme Court's Fourth Amendment Pretext Doctrine, Edwin J. Butterfoss

Faculty Scholarship

This Article first analyzes the debate between Professors John M. Burkoff and James B. Haddad over the current state of Supreme Court jurisprudence on the pretext issue. It shows that the Supreme Court's definition of pretext is broader than the definition of pretext used by these commentators. The Supreme Court's definition includes both "legal" and fabricated pretexts. In a "legal" pretext, the government offers a justification that is not the true reason for the police activity, but that, if the motivation of the officer is not considered, legally justifies the activity. In a fabricated pretext, the government offers a justification …

Wright Amendment: The Constitutionality And Propriety Of The Restrictions On Dallas Love Field, The, Eric A. Allen

Journal of Air Law and Commerce

No abstract provided.

Treaty Interpretation: The Authority Of Interpretive Communities, Ian Johnstone

Michigan Journal of International Law

Part I of this paper sets out a theory of interpretation (drawing on Stanley Fish's idea of interpretive communities) relevant to all interpretive techniques. In Part II, a conception of the purposes and conventions of treaty practice is offered with the aim of shedding light on the interpretive constraints structuring that enterprise. Part III identifies two interpretive communities associated with treaty practice (one narrow, the other broad) and describes their operation in the interpretive process. Special attention is paid to the government legal advisor, who plays a key role within the relevant interpretive communities. Part IV is a case study …

Trial And Appellate Criminal Procedure, John M. Schmolesky

Faculty Articles

Recent state and federal decisions significantly influenced Texas criminal procedure at both the trial and appellate levels. These decisions generally affected three main areas of the punishment stage of Texas criminal trials. First, they defined the scope of evidence admissible at the punishment stage. Second, they addressed procedural and substantive questions concerning the special punishment issue of use or exhibition of a deadly weapon. Third, they raised substantial questions about the constitutionality of the death penalty as applied by Texas courts.

Texas courts also faced numerous challenges in the aftermath of several important state and federal constitutional decisions. These decisions …

When Identities Are Wrongfully Disclosed: How The Florida Star V. B.J.F. Has Changed Privacy Protection, Linda Perry

University of Florida Journal of Law & Public Policy

No abstract provided.

Of Persons And Property: The Politics Of Legal Taxonomy, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

The essay falls into three major parts. In the first part, we explain and describe what we believe to be the core idea of law - that it represents a discursive and taxonomic economy which is used to give meaning to the world by creating a particular and partial reality. The concepts and language lawyers use, the way those media are deployed, the argumentative devices relied upon, and the values inculcated combine in conscious and unconscious ways to constitute law and a legal style of life. In part two, we tell two stories. One involves the Supreme Court's treatment of …