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Webster V. Reproductive Health Services: A Path To Constitutional Equilibrium, Mark E. Chopko

Campbell Law Review

This Article is intended as part of a symposium and a debate on substantive due process and the decision in Webster v. Reproductive Health Services. This writer, although here a commentator on the law, does have an opinion on the ultimate question: Roe v. Wade was wrongly decided.

Contemporary Efforts To Guarantee Indigenous Rights Under International Law, Andre Lawrey

Vanderbilt Journal of Transnational Law

This Article examines recent attempts to improve international standards governing the rights of indigenous peoples. In this context, Ms. Lawrey analyzes the Australian Government's 1988 commitment to negotiate a treaty with Australia's Aboriginal and Torres Strait Islander peoples.

Ms. Lawrey discusses the strained relationship between international law and indigenous peoples. At present, indigenous groups are not guaranteed special rights under international law. Furthermore, traditional individual rights are inadequate to effectively protect indigenous land rights and the right to self-determination. Ms. Lawrey identifies developments in indigenous rights since World War II, including International Labor Organization Convention Number 107 (Convention 107) and …

International Human Rights Law Concerning Women: Case Notes And Comments, Rebecca J. Cook

Vanderbilt Journal of Transnational Law

This Essay addresses the application of international human rights law to women. Most of the cases addressed in this Essay involve alleged discrimination based on sex or marital status. Professor Cook notes that international, regional, and national courts have applied human rights principles to ensure that women's human rights are upheld, although not always to the full extent originally envisioned under the Universal Declaration of Human Rights. To illustrate this point, Professor Cook reviews cases arising under international, regional, and specialized treaties, including the International Covenant on Civil and Political Rights, and the extent to which such discrimination interferes with …

Justice Harlan's Conservatism And Altenative Possibilities, Kent Greenawalt

Faculty Scholarship

Bruce Ackerman and Charles Fried's rich essays address the subject of Justice Harlan as a conservative. One who comes to this topic has in mind questions like: Was Justice Harlan a conservative? If so, what kind of a conservative was he? How did his judicial actions exemplify a conservative approach? Most importantly, is his conservatism an appealing model for modern judicial practice?

Professors Ackerman and Fried's slices on this topic reflect their own casts of mind and philosophies of judging. Fried looks at a broad range of Justice Harlan's opinions and sets them against particular conservative qualities that Fried commends. …

How Law Can Be Determinate, Kent Greenawalt

Faculty Scholarship

This Article, part of a longer study, considers one problem about the objectivity of law. The problem is whether the law as it exists provides determinate answers to many legal questions for judges, other officials, and citizens. I emphasize the word many. This Article does not focus on "hard cases" and then ask whether single correct answers for them exist. It does not inquire whether in some complicated sense all legal questions have determinate answers. This is a treatment of easy legal questions. To most lawyers, it may seem self-evident that many legal questions do have determinate answers; and that …

Dance Of The Dead: A Legal Tango For Control Of Native American Skeletal Remains, John E. Peterson Ii

American Indian Law Review

No abstract provided.

Sunstein's New Canons: Choosing The Fictions Of Statutory Interpretation Exchange, Eben Moglen, Richard J. Pierce Jr.

Faculty Scholarship

In Interpreting Statutes in the Regulatory State, Cass Sunstein grapples with two of the most difficult and important questions concerning governance of the modern administrative state. First, what institution should have the dominant role in interpreting ambiguous agency-administered statutes? And second, how should the institution perform that task? Sunstein rejects the Supreme Court's answer to the first question, characterizing its assignment of a dominant interpretive role to agencies in Chevron U.S.A., Inc. v Natural Resources Defense Council as "the fox guarding the hen house." Sunstein prefers to charge judges with the responsibility of resolving most interpretive disputes. In answer to …

Culture And Certainty: Legal History And The Reconstructive Project, Joan C. Williams

Faculty Scholarship

No abstract provided.

Lowering One's Cites: A (Sort Of) Review Of The University Of Chicago Manual Of Legal Citation, Mary I. Coombs

Articles

No abstract provided.

Speaking Out Of Turn: The Story Of Josephine V., Anthony V. Alfieri

Articles

No abstract provided.

The Original Conception Of Section 10(B) Of The Securities Exchange Act, Steve Thel

Faculty Scholarship

No abstract provided.

Jurisprudential Oaks From Mythical Acorns: The Hart‐Dworkin Debate Revisited, Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

This article attempts to demonstrate, via the famous Hart-Dworkin debate on the nature and functions of judicial discretion, that substantial jurisprudential disputes as well as theories can, and do, arise from misconceived critiques, whether intended or otherwise. It also seeks to show that, whilst Dworkin's initial critique of Hart was misconceived, his theory of adjudication that arose as a result of responses to his initial views is a positive contribution to learning, although I argue that Dworkin's views are not, in the final analysis, sufficiently persuasive to constitute a radical departure from Hart's own views.

1991 Diplomatic Conference On Uniform Liability Rules For Operators Of Transport Terminals, Joseph Sweeney

Faculty Scholarship

No abstract provided.

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

Kentucky Law Journal

No abstract provided.

Falling Off The Vine: Legal Fictions And The Doctrine Of Substituted Judgment, Louise Harmon

Scholarly Works

No abstract provided.

Law, Community, And Communication, Meir Dan-Cohen

Duke Law Journal

No abstract provided.

The Opinion Volume 30 Number 7 – November 8, 1989, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November 8, 1989

Custom, Pluralism, And Realism In Vanuatu: Legal Development And The Role Of Customary Law, David Weisbrot

Pacific Studies

No abstract provided.

Vol. 13 No. 1 (1989): Pacific Studies Front Matter, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Pacific Studies is published two times a year by The Jonathan Nāpela Center for Hawaiian and Pacific Studies, Brigham Young University Hawai‘i #1979, 55–220 Kulanui Street, Lāʻie, Hawai‘i 96762, but responsibility for opinions expressed in the articles rests with the authors alone. Subscription rate is US$40.00 yearly, payable to The Jonathan Nāpela Center for Hawaiian and Pacific Studies. The Jonathan Nāpela Center for Hawaiian and Pacific Studies (formerly The Pacific Institute) is an organization funded by Brigham Young University Hawai‘i. The Center assists the University in meeting its cultural and educational goals by undertaking a program of teaching, research, and …

Vol. 13 No. 1 (1989): Pacific Studies Full Issue, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Pacific Studies is published two times a year by The Jonathan Nāpela Center for Hawaiian and Pacific Studies, Brigham Young University Hawai‘i #1979, 55–220 Kulanui Street, Lāʻie, Hawai‘i 96762, but responsibility for opinions expressed in the articles rests with the authors alone. Subscription rate is US$40.00 yearly, payable to The Jonathan Nāpela Center for Hawaiian and Pacific Studies. The Jonathan Nāpela Center for Hawaiian and Pacific Studies (formerly The Pacific Institute) is an organization funded by Brigham Young University Hawai‘i. The Center assists the University in meeting its cultural and educational goals by undertaking a program of teaching, research, and …

A Common Law Lawyer On The Supreme Court: The Opinions Of Justice Stevens, William D. Popkin

Duke Law Journal

No abstract provided.

The Modern Day Scarlet Letter: A Critical Analysis Of Modern Probation Conditions, Jon A. Brilliant

Duke Law Journal

No abstract provided.

Reconstructing The Origins Of Realistic Jurisprudence: A Prequel To The Llewellyn-Pound Exchange Over Legal Realism, Neh Hull

Duke Law Journal

No abstract provided.

1989 Scholars And Artists Bibliography, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library

Scholars and Artists Bibliographies

This bibliography was created for the annual Friends of the Michael Schwartz Library Scholars and Artists Reception, recognizing scholarly and creative achievements of Cleveland State University faculty, staff and emeriti

Vol. 13, No. 4 (October 1989)

Exordium

No abstract provided.

The Second-Best First Amendment, Frederick Schauer

William & Mary Law Review

No abstract provided.

Social Science Findings And The Jury’S Ability To Disregard Evidence Under The Federal Rules Of Evidence, Lisa Eichhorn

Law and Contemporary Problems

No abstract provided.

Critical Legal Theory And The Politics Of Pragmatism, Peter D. Swan

Dalhousie Law Journal

In this century mainstream legal scholarship in the United States has been subjected to various "crises of confidence" over the nature of the adjudication process. One of the key features of more traditional legal scholarship has been a belief in legal texts such as the constitution, statutes and precedents which are said to possess discrete and objective meaning capable of being discovered by objective detached observers. This belief in the authority of the text has been most clearly expressed in American constitutional law scholarship which has been dominated until recently by the quest to reveal the public moral values that …

Richard Chapman Weldon 1849-1925 Fact, Fiction And Enigma, Della Stanley

Dalhousie Law Journal

For most contemporary students at the Dalhousie Law School Richard Chapman Weldon is probably little more than a portrait, a name on a building, a legendary figure whose memory as "the heart and soul" of the school is passed on from year to year as part of alumni tradition. Those who may have read something of the career of the first Law Dean probably have wondered if such a reportedly exceptional man ever existed. Certainly, much has been recorded in the past which exaggerate his abilities, his successes and his characteristics. Throughout his life and in death he attracted words …

Truth, Strangers, And Fiction: The Illegitimate Uses Of Legal Ficton In Immigration Law, Ibrahim J. Wani

Cardozo Law Review

No abstract provided.