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Baby M And The Cassandra Problem, Girardeau A. Spann

Georgetown Law Faculty Publications and Other Works

Part I of this essay outlines the facts of the Baby M case and traces the reasoning the New Jersey Supreme Court used to justify the legal conclusions that it reached.

Part II then identifies the three common analytical techniques or modes of argument on which the state supreme court relied in conducting its analysis and suggests that each is itself too dependent upon unprincipled policy preferences to have excluded such preferences from the decisionmaking process.

Finally, Part III suggests that no matter how strong an argument one might offer to demonstrate the systemic vulnerability of principle to preference, the …

Writing In A Different Voice, Elizabeth Perry Hodges

Articles by Maurer Faculty

No abstract provided.

Better Trials Through Science: A Defense Of Psychologist-Lawyer Collaboration, J. Alexander Tanford, Sarah Tanford

Articles by Maurer Faculty

A concern of some legal commentators is that lawyers may use psychological persuasion techniques to gain an unfair advantage over their courtroom opponents and subvert the justice system. In this Article, the Tanfords respond to an earlier Article in which Professor Victor Gold raised such concerns. The Tanfords argue that commentators like Gold misunderstand jury behavior and trial process, exaggerating the negative impact of lawyers aided by psychologists. To the contrary, lawyer/psychologist collaboration improves rational decision making by identifying existing biases and devising strategies to correct them. The Tanfords conclude these benefits outweigh any possible abuse, and no reason exists …

The Collaborative Model Of Statutory Interpretation, William D. Popkin

Articles by Maurer Faculty

No abstract provided.

Professional Qualification And Educational Requirements For Law Practice In A Foreign Country: Bridging The Cultural Gap, Roger J. Goebel

Faculty Scholarship

This Article will discuss preparation for transnational legal practice, and the extent of the right to engage in transnational legal practice in major commercial centers. It is divided into five parts: (I) the role of the transnational lawyer in bridging the cultural gap; (II) education in preparation for transnational practice; (III) professional qualification requirements for foreign lawyers in New York and several major commercial centers abroad; (IV) the extent of the lawyer's right to provide services and the right of professional establishment in the EEC; and (V) some general reflections on desirable qualification requirements for law firms and individuals to …

The "Public" In Public Land Appeals: A Case Study In "Reformed" Administrative Law And Proposal For Orderly Participation, Marla Mansfield

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Communities, Texts, And Law: Reflections On The Law And Literature Movement, Robin West

Georgetown Law Faculty Publications and Other Works

How do we form communities? How might we form better ones? What is the role of law in that process? In a recent series of books and articles, James Boyd White, arguably the modern law and literature movement's founder, has put forward distinctively literary answers to these questions. Perhaps because of the fluidity of the humanities, White's account of the nature of community is not nearly as axiomatic to the law and literature movement as is Posner's depiction of the "individual" to legal economists. Nevertheless, White's conception is increasingly representative of the literary-legalist's world view. Furthermore, with the exception of …

Baby M Reconsidered, Judith C. Areen

Georgetown Law Faculty Publications and Other Works

Surrogate mothering depends on treating procreation, an activity traditionally viewed as an integral aspect of family life (and family law), as a service to be purchased in the marketplace and governed by the rules of contract law. Thus surrogacy forces us to confront the differences between two of our most fundamental institutions-the family and the market.

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

Faculty Journal Articles and Book Chapters

This article reports on an empirical study of juror comprehension of pattern jury instructions. It demonstrated that comprehension of the original instructions was poor, but that rewriting significantly improved their ability to understand and explain the meaning of the instructions. A separate study showed that jurors report that they discuss and consider the language of the instructions provided to them.

The Hague Evidence Convention In The Supreme Court: A Critique Of The Aérospatiale Decision, George A. Bermann

Faculty Scholarship

With its decision in Société Nationale Industrielle Aérospatiale v. United States District Court, the United States Supreme Court resolved what had been widely regarded as "one of the most difficult and important issues in international civil litigation in United States courts." This opportunity arose out of the divergence of views among American courts on the proper way to reconcile the need for full disclosure of evidence with respect for the sensitivities of foreign states where that evidence might be located. The case before the Supreme Court, like many lower court cases, dealt specifically with the impact of the Hague …

National Anti-Competitive Legislation And Community Law, René Joliet

Fordham International Law Journal

This article examines multiple cases from the Court of Justice of the European Communities regarding national anti-competitive legislation and the need for the Court to gradually lay down rules of law.

The Faces Of Justice And State Authority & Constitutional Law Deskbook, Mary Benge Sanchez, Jeremy M. Miller

Tulsa Law Review

No abstract provided.

A Guide To Critical Legal Studies, David L. Gregory

Duke Law Journal

Review of: A Guide to Critical Legal Studies. By Mark Kelman. Harvard University Press, Cambridge, Massachusetts and London, England, 1987.

Monopoly Power And Market Power In Antitrust Law, Thomas G. Krattenmaker, Robert H. Lande, Steven C. Salop

All Faculty Scholarship

This article seeks an answer to a question that should be well settled: for purposes of antitrust analysis, what is 'market power' and/or 'monopoly power'? The question should be well settled because antitrust law requires proof of actual or likely market power or monopoly power to establish most types of antitrust violations.

Examination of key antitrust law opinions, however, shows that courts define 'market power' and 'monopoly power' in ways that are both vague and inconsistent. We conclude that the present level of confusion is unnecessary and results from two different but related errors:

(1) the belief or suspicion that …

When Enough Is Too Much: Overcollateralization As A Fraudulent Conveyance, Richard J. Sabella

Cardozo Law Review

No abstract provided.

The State Of Legal Writing: Res Ipsa Loquitur, George D. Gopen

Michigan Law Review

There is a glory, it seems, in the mystery of a language that can be deciphered only by initiates of the secret society; there is a great sense of power and an even greater actuality of power in controlling a language that in turn controls the most pressing affairs of individuals and communities; and there is a monopolistic safety in being able to manipulate a language which because it was part of the creation of legal problems must be part of their solutions as well. It was true in 1921, and it is still true sixty-six years later. This essay …

Property, Wrongfulness And The Duty To Compensate, Jules L. Coleman

Chicago-Kent Law Review

No abstract provided.

Thomson's Preliminaries About Causation And Rights, Michael S. Moore

Chicago-Kent Law Review

No abstract provided.

The Testimony Of Child Witnesses: Fact, Fantasy, And The Influence Of Pretrial Interviews, John R. Christiansen

Washington Law Review

Youth alone does not make a child witness' statements unreliable. Generally speaking, children are about as reliable as adults in reporting events they have actually perceived or experienced. However, a young child is, in certain respects, more vulnerable to suggestion than an adult and more liable to confuse memory of fact with memory of fantasy. The danger is that pretrial interviewing and preparation procedures will suggest facts and stimulate fantasies the child will thereafter report and recall as truth. Falsification of memory is far from inevitable and can be prevented by careful handling of the pretrial child witness procedures. But …

"We Do Ordain And Establish": The Constitution As Literary Text, Robert A. Ferguson

William & Mary Law Review

No abstract provided.

Pledging Faith In The Civil Religion; Or, Would You Sign The Constitution?, Sanford Levinson

William & Mary Law Review

No abstract provided.

The Evolution Of Law: Continued, Alan Watson

Scholarly Works

In my book The Evolution of Law I sought to give a general theory of legal evolution based on detailed legal examples from which generalizations could be drawn, offering as few examples as were consistent with my case in order to present as clear a picture as possible. I was well aware as I was writing that some critics would regard the examples as mere isolated aberrations and for them and for other readers who, whether convinced of the thesis or not, would like further evidence, I want here to bring forward a few extra significant examples.

The Margin Of Appreciation Doctrine In The Dynamics Of European Human Rights Jurisprudence, Howard Charles Yourow

Connecticut Journal of International Law

Adherence to the European Human Rights Convention' has created a hierarchical system for the protection of basic human rights in Western Europe. Under its terms the European Commission and Court of Human Rights in Strasbourg, France, exercise authoritative supervision over the human rights-related activities of the legislative, executive, administrative and judicial authorities of the Convention's States Parties, the twenty-one Member States of the Council of Europe.

This article offers an analysis of the national margin of appreciation doctrine as a tool in the evolution of the scope of the supervisory power assigned to the Convention's international organs, and examines the …

The Compelling Case Against Robert H. Bork, Stephen Gillers

Cardozo Law Review

No abstract provided.

Elasticity Of Obligation And The Drafting Of The Convention On The Rights Of The Child, Cynthia Price Cohen

Connecticut Journal of International Law

At the end of its annual session in 1987, the Open-Ended Working Group on a Draft Convention on the Rights of the Child had drafted and adopted all but a few of the proposed substantive articles and, with the help of a small drafting party, had put together a composite model implementation mechanism for consideration at the 1988 session.1 It may be possible for the final draft of the Convention to be presented to the United Nations General Assembly by 1989, in time to celebrate the thirtieth anniversary of the Declaration of the Rights of the Child.

While work on …

Vol. 11 No. 1 (1987): 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 …

The Role Of Liberal Political Culture In The Construction Of Middle America, Allen Hunter

University of Miami Law Review

No abstract provided.

The Construction Of Social Problems As Buttresses Of Inequalities, Murray Edelman

University of Miami Law Review

No abstract provided.

Spirit-Murdering The Messenger: The Discourse Of Fingerpointing As The Law's Response To Racism, Patricia Williams

University of Miami Law Review

No abstract provided.

Twisting The Tourniquet Around The Pulse Of Conventional Legal Wisdom: Jurisprudence And Law Reform In The Work Of Robert A. Samek, Richard F. Devlin

Dalhousie Law Journal

The name Robert Samek first came to my attention in the summer of 1985 as part of a research project carried out under the auspices of the Law Reform Commission of Canada. I was struck by what at the time seemed to be a complete contrast in two of his publications; his book, The Legal Point of View and an article, "A Case for Social Law Reform". Although only a few years apart, it seemed impossible that the two works could have come from the pen of the same author: the former was traditional, opaque, dull, pedantic and repetitive; the …