Digital Commons Network^™

Seeing The Constitution From The Backseat Of A Police Squad Car, Tracey Maclin

UF Law Faculty Publications

A Book Review of Tempered Zeal, by H. Richard Uviller.

Local Government Law, Charles L. Babcock, Collins C. Collins

SMU Law Review

No abstract provided.

A Synthesis Of Law And Economics, John Cirace

SMU Law Review

No abstract provided.

Book Review Essay: Justice Rehnquist And His Constitution, David Day

Faculty Publications

No abstract provided.

Malice In Wonderland: Fictionalized Quotations And The Constitutionally Compelled Substantial Truth Doctrine, Neil J. Kinkopf

Faculty Publications By Year

No abstract provided.

Trial And Appellate Criminal Procedure, John M. Schmolesky

SMU Law Review

No abstract provided.

Nomos And Thanatos (Part B): Feminism As Jurisgenerative Transformation, Or Resistance Through Partial Incorporation? Part I, Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

In Part A of this essay, "The Killing Fields", I developed a critique of the disciplinary impulses that underlie modern law and legal theory. Invoking a number of perspectives and a plurality of analyses, I proposed that male-stream legal theory and contemporary law both assume as inevitable, and legitimize as appropriate, the funnelling of violence through law. The problem with a funnel, however, is that it does not curtail or reduce that which is channelled through it. On the contrary, to funnel is to condense and to intensify. Viewed from this perspective, interpreted from the bottom up, law and legal …

Makers And Receivers: Judicial Heresy And The Tempting Of America, Charles Kelbley

Fordham Urban Law Journal

This Essay examines "The Tempting of America" in three stages: Section II briefly summarizes the major themes of the book along three principal lines that parallel the book's three parts: Bork's critique of the Supreme Court, his concept of correct and incorrect legal theory and his assessment of the treatment he received from the media and the Senate Judiciary Committee. Each of these topics deserves serious consideration, but the ultimate concern of this Essay is Bork's theoretical chapters, not his historical and political arguments. Section III examines problems that Bork's judicial philosophy raises from the perspectives of history, jurisprudence, and, …

Challenging Law, Establishing Differences: The Future Of Feminist Legal Scholarship, Martha Albertson Fineman

Faculty Articles

I begin with my version of the ideally antagonistic interaction of feminist theory with the law. I locate my discussion between the extremes of grand theory and unique experience. I consider the central, pressing task of feminist theory to be challenging existing law and legal doctrines through the articulation and establishment of a theory of difference. In this essay I divide my discussion of the theory of difference into two sections. The first section concerns the theoretical and political necessity of establishing the differences between men and women. Articulation of the extent of this manifestation of difference illustrates that the …

The Epistemology Of Judging: Wittgenstein And Deliberative Practices, Thomas Morawetz

Faculty Articles and Papers

No abstract provided.

Subordination, Rhetorical Survival Skills, And Sunday Shoes: Notes On The Hearing Of Mrs. G., Lucie E. White

Buffalo Law Review

No abstract provided.

Judicial Self-Understanding And The Internalization Of Constitutional Rules, Frederick Schauer

University of Colorado Law Review

No abstract provided.

The Model Communicative Torts Act

Washington and Lee Law Review

No abstract provided.

Dispute Processing And A Longitudinal Approach To Trial Courts, Lynn M. Mather

Journal Articles

This article suggests ways to integrate the insights and findings of two rather distinct fields: docket-based, longitudinal studies of trial courts and studies of dispute processing. In particular, I argue that longitudinal research on courts would benefit enormously from the incorporation of concepts and data on dispute processing. For example, instead of taking court cases as the starting point for study, longitudinal research should explore the multistage and transformative nature of disputing. Historical data should also be collected on the nature of the relationships between opposing litigants, on the roles played by participants other than the litigants (lawyers, supporters, audiences, …

Robert Eisenstaedt V. Sears Roebuck Co. And Otis Elevator : Brief Of Respondent, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

APPEAL FROM JUDGMENT ON THE VERDICT AND DENIAL OF MOTIONS FOR NEW TRIAL, THIRD JUDICIAL DISTRICT COURT OF SALT LAKE COUNTY, THE HONORABLE FRANK G. NOEL PRESIDING

The Reservation As Place: A South Dakota Essay, Frank Pommersheim

Faculty Publications

No abstract provided.

Finley V. United States: Unstringing Pendent Jurisdiction, Wendy Collins Perdue

Law Faculty Publications

The approach adopted by the Supreme Court in Finley v. United States calls into question not only pendent-claim jurisdiction but ancillary jurisdiction as well. Particularly vulnerable to attack are those uses of ancillary jurisdiction that involve the addition of new parties such as class action, intervention, and impleader. Furthermore, the opinion may lay a foundation for attacking ancillary-claim jurisdiction involving counterclaims or cross-claims. This commentary will examine Finley and the potential impact of the opinion on the various permutations of ancillary and pendent jurisdiction.

Extension Of Premises Liability For Injuries Resulting From The Criminal Acts Of Third Parties On Adjacent Land, Margaret J. Hurley

Santa Clara Law Review

No abstract provided.

The Capacity Of International Law To Advance Ethnic Or Nationality Rights Claims, S. James Anaya

Publications

No abstract provided.

A Critical Legal Studies Perspective, Mark Tushnet

Cleveland State Law Review

In this comment I want to address two points suggested by Professor Finnis's essay "Natural Law and Legal Reasoning." I say "suggested by" deliberately, for I do not want to attribute the points in their full force to him, although I believe that his essay lends itself to a reading in which those points would be given their full force. The points deal with the question of "easy questions" and what Professor Finnis calls the "sufficient and necessarily artificial clarity and definiteness" that yields answers to such questions, and with the way in which legal professionals are likely to understand …

"Le Hors De Texte, C'Est Moi": The Politics Of Form And The Domestication Of Deconstruction, Pierre Schlag

Publications

No abstract provided.

English-Only Rules And The Right To Speak One's Primary Language In The Workplace, Juan F. Perea

University of Michigan Journal of Law Reform

This Article analyzes the issues raised by English-only rules and the decisions discussing these rules. Part I reviews the leading cases on English-only rules. The Article then explores several issues that must be considered in deciding any English-only rule case under Title VII. Part II addresses whether speaking one's primary language should constitute a protected right as an aspect of national origin under Title VII. This Article argues that primary language should be protected under Title VII for several reasons: the courts and the EEOC construe the term "national origin" broadly; primary language constitutes a fundamental aspect of ethnicity and …

Feminism's Search For The Feminine: Essentialism, Utopianism, And Community, Susan H. Williams

Articles by Maurer Faculty

No abstract provided.

Indeterminacy: The Final Ingredient In An Interest Group Analysis Of Corporate Law, Douglas M. Branson

Vanderbilt Law Review

Legal realists emphasized the contradictory norms of law. Contradictory norms permitted judges to reach conclusions about what basic equities and broadly accepted social interests required in particular cases. Judges then used whatever norm of law suited them to reason in support of their a priori conclusions about what these equities or broad social interests required.

Critical Legal Studies (CLS) has inherited and enhanced the legacy of questioning the value of legal rules. CLS thinkers maintain that law is indeterminate, drawing heavily upon linguists who have explored the indeterminacy of language.' CLS scholars go beyond realists, however,both in positing contradictory norms …

Attorney As Interpreter: A Return To Babble, Bill Piatt

Faculty Articles

Attorneys should not represent their clients and simultaneously act as interpreters. The harm far outweighs the benefit when an attorney acts as an interpreter for a client in litigation. In 1970, the Second Circuit Court of Appeals in Negron v. New York determined that the Sixth Amendment's confrontation clause requires that non-English speaking defendants be informed of their right to simultaneous interpretation of proceedings at the government's expense, however the use of an interpreter is still at the trial court's discretion.

Courts will ordinarily not appoint an interpreter in the absence of a request to do so, but the failure …

Generalization In Interpretive Theory, Joseph Vining

Articles

There are arguments at large about the nature of legal interpretation, proceeding from an implicit proposition that interpretation is the same phenomenon or experience whatever its setting. An assumption that there is one phenomenon can be found in discussions among lawyers of interpretation and in discussions among nonlawyers of legal interpretation-and as often in the work of those who would deny there is any significance to theorizing about interpretation, as of those who think persuasion to a particular theory will have the utmost consequence for law and society. Proceeding from such a proposition, rather than toward it, raises the risk …

Will The Cercla Be Unbroken? Repairing The Damage After Fleet Factors, Sean P. Madden

Fordham Law Review

No abstract provided.

A Proposal To Amend Rule 30(B) Of The Federal Rules Of Civil Procedure: Cross-Disciplinary And Empirical Evidence Supporting Presumptive Use Of Video To Record Depositions, Rebecca White Berch, Holly R. Caldwell, Jan L. Steiner, Peggy Addington Velasco

Fordham Law Review

No abstract provided.

Normative And Nowhere To Go, Pierre Schlag

Publications

No abstract provided.

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

Faculty Journal Articles and Book Chapters

Following the Supreme Court’s unprecedented acceptance of three abortion cases, and for the first time a case involving the withdrawal of life-sustaining medical treatment in the upcoming 1989 Term, this article addresses the so-called right to die. Specifically, as in Cruzan v. Director, Missouri Department of Health, whether the federal constitutional right of privacy extends to decisions, made on behalf of permanently unconscious patients, to have life-sustaining medical treatment discontinued and, if so, whether a state’s interest in the sanctity of life can override the patient’s privacy right? This article argues that on doctrinal as well as policy grounds, no …