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Paternalism And Contract: A Critique Of Anthony Kronman, Rochelle Spergel

Cardozo Law Review

No abstract provided.

A Matter Of Voice And Plot: Belief And Suspicion In Legal Storytelling, Richard K. Sherwin

Michigan Law Review

In Part I of this article, I describe in greater detail the tensions touched upon above that divide the current legal culture between rhetorical affirmers on the one side and critical deconners on the other. In Part II, I examine more closely the persuasive discourse that White calls "constitutive rhetoric." White's understanding of rhetoric offers a paradigm for the rhetorical affirmer's viewpoint. In Part III, I begin to explore the limitations and dangers inherent in White's and, by extension, in the rhetorical affirmer's approach. In Part IV, I attempt to provide a way of bringing together important critical and rhetorical …

Jury Instructions: A Persistent Failure To Communicate, Walter W. Steele Jr., Elizabeth G. Thornburg

North Carolina Law Review

No abstract provided.

United They Stand Divided They Fall: Public Choice Theory And The Tax Code , Julie A. Roin

Cornell Law Review

No abstract provided.

Societe Nationale Industrielle Aeorspatiale V. United States District Court: The Supreme Court Undermines The Hague Evidence Convention And Confounds The International Discovery Process, Lori A. Fields

Loyola of Los Angeles Law Review

No abstract provided.

Deaf Prison Inmates: Time To Be Heard, Bonnie P. Tucker

Loyola of Los Angeles Law Review

No abstract provided.

Kach V. Central Election Committee For The Twelfth Knesset, Meir Shamgar, Menachem Elon, Moshe Bejski, Dov Levin, Shlomo Levin

Translated Opinions

The Appeal revolved around the decision of the Central Election Committee for the Twelfth Knesset, under its authority according to section 63 of the Knesset Elections Act [Consolidated Version] 1969, that the “Kach” List be barred from participating in elections to the Knesset, under section 7A of Basic Law: The Knesset. The Appellant’s argue that section 7A, which was added to Basic Law: The Knesset is invalid for the following reasons: it is inconsistent with the principle of equality as established by section 4 of Basic Law: The Knesset; it is an extreme divergence from the principles of democracy and …

Appellate Review Of Refusals To Depart, David Yellen

Articles

No abstract provided.

Santa Clara Magazine, Volume 31 Number 1, Fall 1988, Santa Clara University

Santa Clara Magazine

12 - MY CHINA YEAR Cathy Morrissey '85 guides us through her year in China, teaching English as a second language in Handan.

19 - IT PAYS TO LET YOUR KID RUN WILD The story of a remarkable relationship between a Japanese firm and Michael Franz '75.

21 - THE REWAK YEARS Alumna-journalist Jeanne Huber describes the way Santa Clara grew during the Rewak administration.

26 - THE DEGNAN WAY How a respected English professor turns undergraduates into professional writers.

A Private Revolution: Markovits And Markets, Ian Ayres

Chicago-Kent Law Review

No abstract provided.

The Review, Fall 1988, University Of Kentucky College Of Law

Annual Magazines

No abstract provided.

The Handmaiden’S Revenge: On Reading And Using The Newer Sociology Of Civil Procedure, David M. Trubek

Law and Contemporary Problems

No abstract provided.

Judicial Discretion, Or The Self On The Shelf, Richard H. Weisberg

Cardozo Law Review

No abstract provided.

From Learned Profession To Learned Business, Bayless Manning

Buffalo Law Review

No abstract provided.

Constitutional Protection Of The Right To An Education, William F. Foster, Gayle Pinheiro

Dalhousie Law Journal

The education of its citizenry is often recognized as one of the most important public services provided by the state. The history of the rise and development of public education in the provinces of Canada reveals, above all, the influence of the Protestant and Roman Catholic churches. The educational philosophy, aims and broader objectives of the public education system reflected the moral and religious doctrines of the faith which had sponsored the founding of the institution. Yet there also existed a pervasive belief among the general populace in the power of education to support and nourish basic democratic values. Moreover, …

The Teaching Of The Law Of Thailand, Ted L. Mcdorman

Dalhousie Law Journal

Within the last few years Canada has begun to realize that it is a Pacific Rim country with substantial connections and interests in Asia. As part of this awakening Canadian interest in Asian affairs the Faculty of Law at the University of Victoria decided to develop and offer a course entitled "Legal Issues in Southeast Asia", with the hope that such a course would provide a forum for a systematic, informed comparison of the legal systems of Asia.

Statutory Interpretation, Legislative Inaction, And Civil Rights, Daniel A. Farber

Michigan Law Review

This month the Supreme Court will hear reargument in Patterson v. McLean Credit Union on the question of whether section 1981 prohibits discrimination by private parties. Professor Farber identifies three issues which lie at the heart of Patterson: Must statutes be construed to conform to the intent of the drafters? Does legislative inaction provide reliable guidance to interpreters of statutes? And should the nature of the claim at issue - here a claim of civil rights - influence the interpreters? On this last point, Professor Farber argues that public values must be relevant to statutory interpretation and that judges …

Hearing The Hidden Agenda: The Ethnographic Investigation Of Procedure, John M. Conley, William M. O'Barr

Law and Contemporary Problems

No abstract provided.

Approaching The Constitution, Don Herzog

Reviews

These are sumptuously produced, oversized volumes: one pictures them, as I suspect some shrewd accountant at the press did, decorating the shelves of lawyers' offices. Their pages are crammed full of primary texts, two columns on each page, in an alarmingly small but somehow readable typeface. Some texts are bare snippets; others wind on luxuriantly for many pages. The editors have set a cutoff point: no text from after 1835 appears. Like much else about these volumes, that decision reflects a set of theoretical commitments about the Constitution that I want to question. Not that these volumes are explicitly cast …

The Domestic And Extraterritorial Application Of United States Employment Discrimination Law To Multinational Corporations, Dorothy Crow-Willard

Connecticut Journal of International Law

As multi-national corporations expand1 and send employees to branches and subsidiaries throughout the world, the problem of which nation's employment law to apply in the courts of both the home and host country is becoming acute. Traditional notions of territoriality and international comity long have dictated a reluctance on the part of lawmakers to impose employment law beyond their own borders. Nonetheless, the tradition has begun to erode. While Congress exempts foreign corporations doing business in the United States from some employment laws through treaties,2 the courts apply the same laws to United States corporations whether or not they are …

Vol. 12 No. 1 (1988): 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. 12 No. 1 (1988): 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 …

Vol. 12 No. 1 (1988): 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. 12 No. 1 (1988): 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 Tale Of Two Cultures: Or Making The Proper Connection Between Law, Social History And The Political Economy Of Despair, Robert J. Cottrol

San Diego Law Review

In this Article, Professor Cottrol examines a pervasive culture of pessimism amongst a minority of underclass Black Americans the likes of which must be addressed if America's laws and public policy is to complete the unfinished work of the Civil Rights Revolution. The author argues that the development this culture is the result of long-term historical trends, the results of which came to fruition after the Second World War. He suggests Americans must shift their focus from familiar histories of southern slavery and Jim Crow to an examination of the histories of race relations in northern cities. Further, the author …

Sexism, Language, And The Law, Mary Ellen Griffith

West Virginia Law Review

No abstract provided.

Reregulation, The Global Environment, And Ignorance Equals Pessimism: A Tory Perspective, E. F. Roberts

Washington and Lee Law Review

No abstract provided.

Relations Between The Sexes: Timely Vs. Timeless Principles, Joel J. Kupperman

San Diego Law Review

In this Article, Professor Kuperman examines the morality of affirmative action with a primary focus on affirmative action for women. He outlines what he feels is a convincing case for a philosophically opposed position: that affirmative action programs are justified. After discussing the criticisms leveled against affirmative action, the author concludes by suggesting that the strongest case for affirmative action rests on its relation to a just society. The relation is that affirmative action should lead to a just society.

The Practice And Discourse Of Legal Scholarship, Edward L. Rubin

Michigan Law Review

This article begins with a discussion of the critique of methodology, a characterization of standard legal scholarship in terms of the critique, and an exploration of the critique's relevance for this form of scholarship. The next section discusses the modes of legal analysis represented by the critical legal studies, law and literature, and law as practical reason movements, which draw from many of the same philosophic sources as the critique. Despite their common origin, these movements do not rely on the critique of methodology itself, and do not focus on standard legal scholarship. The Article then proceeds to offer a …

Post-Structuralism, The Ethical Relation, And The Law, Drucilla Cornell

Cardozo Law Review

No abstract provided.