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Articles

1997

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The Jury As Critic: An Empirical Look At How Capital Juries Perceive Expert And Lay Testimony, Scott E. Sundby Jan 1997

The Jury As Critic: An Empirical Look At How Capital Juries Perceive Expert And Lay Testimony, Scott E. Sundby

Articles

No abstract provided.


Who’S Afraid Of Humpty Dumpty: Deconstructionist References In Judicial Opinions, Madeleine M. Plasencia Jan 1997

Who’S Afraid Of Humpty Dumpty: Deconstructionist References In Judicial Opinions, Madeleine M. Plasencia

Articles

This Article examines the treatment of deconstruction in United States judicial opinions.' A handful of cases have directly referred to the French philosopher and literary theorist, Jacques Derrida.2 In each of these cases, the court has rejected Derrida's philosophy, apparently out of a fear that recognition of any legitimacy of Derrida's thoughts would lead to the self-destruction of the legal world. These courts have misunderstood that consideration or recognition of Derrida's philosophy in the legal context would not unavoidably lead to the end of all meaningful legal discourse in the United States. A discussion of these cases will serve as …


Corporate Philanthropy And Campaign Finance: Exempt Organizations As Corporate-Candidate Conduits, Frances R. Hill Jan 1997

Corporate Philanthropy And Campaign Finance: Exempt Organizations As Corporate-Candidate Conduits, Frances R. Hill

Articles

No abstract provided.


Direct Effect Of International Economic Law In The United States And The European Union, Ronald A. Brand Jan 1997

Direct Effect Of International Economic Law In The United States And The European Union, Ronald A. Brand

Articles

One of the most important and challenging issues in international law is the manner in which we address the relationship between the individual and the international legal system. The traditional framework, in which we set a "sovereign" government between the individual and the development and application of the rules, is no longer sufficient in all circumstances. The fact that governments feel insecure or threatened by the application of international legal rules in actions brought by individuals is not sufficient reason to preclude that development. The purpose of government is not to perpetuate traditional power structures, it is to provide security …


Rodrigo's Fourteenth Chronicle: American Apocalypse Symposium: Bowers + Ten: Litigation, Legislation, And Community Activism, Richard Delgado Jan 1997

Rodrigo's Fourteenth Chronicle: American Apocalypse Symposium: Bowers + Ten: Litigation, Legislation, And Community Activism, Richard Delgado

Articles

No abstract provided.


Family Businesses And The Business Of Families: A Consideration Of The Role Of The Lawyer Symposium - The Intersecting Institutions Of Marriage: Conflicts And Consequences, Steven H. Hobbs, Fay Wilson Hobbs Jan 1997

Family Businesses And The Business Of Families: A Consideration Of The Role Of The Lawyer Symposium - The Intersecting Institutions Of Marriage: Conflicts And Consequences, Steven H. Hobbs, Fay Wilson Hobbs

Articles

No abstract provided.


Scientology In Court: A Comparative Analysis And Some Thoughts On Selected Issues In Law And Religion, Paul Horwitz Jan 1997

Scientology In Court: A Comparative Analysis And Some Thoughts On Selected Issues In Law And Religion, Paul Horwitz

Articles

No abstract provided.


Latino And Latina Critical Theory: An Annotated Bibliography Symposium: Latcrit: Latina/Os And The Law: Policy, Politics &(And) Praxis, Jean Stefancic Jan 1997

Latino And Latina Critical Theory: An Annotated Bibliography Symposium: Latcrit: Latina/Os And The Law: Policy, Politics &(And) Praxis, Jean Stefancic

Articles

No abstract provided.


Needles In The Haystack: Finding New Legal Movements In Casebooks Symposium On The Relation Between Scholarship And Teaching, Jean Stefancic Jan 1997

Needles In The Haystack: Finding New Legal Movements In Casebooks Symposium On The Relation Between Scholarship And Teaching, Jean Stefancic

Articles

No abstract provided.


The Civil Justice Reform Act Conference: A Reporter's View Symposium: Evaluation Of The Civil Justice Reform Act, Carol Rice Andrews Jan 1997

The Civil Justice Reform Act Conference: A Reporter's View Symposium: Evaluation Of The Civil Justice Reform Act, Carol Rice Andrews

Articles

No abstract provided.


The Short-Term Effects Of Mortars On Salt Movement In Stone, Simon H. Perry, Aidan Duffy Jan 1997

The Short-Term Effects Of Mortars On Salt Movement In Stone, Simon H. Perry, Aidan Duffy

Articles

Salt-induced decay processes are one of the most important reasons for the decay of many stone buildings and monuments. This paper investigates the role played by masonry mortars in the movement of salts within Baumberger sandstone and Portland limestone. The methodology used involved the monitoring of stone units containing mortar joints which were exposed to a city-centre environment. Rain-water run-off was collected from the stone/mortar units during the exposure period; the units were subsequently destructively analysed. The methods of run-off and destructive sample analysis used included ion chromatography and atomic absorption spectrophotometry; stone and mortar samples were also analysed petrographically. …


Irrelevance, Minimal Relevance, And Meta-Relevance (Response To David Crump), Richard D. Friedman Jan 1997

Irrelevance, Minimal Relevance, And Meta-Relevance (Response To David Crump), Richard D. Friedman

Articles

Professor Crump's analysis runs the full traverse from academic theorizing to practical observation. I will attempt to follow him over the same course, addressing three questions among the congeries that he raises. First, is it true that all evidence satisfies the minimalist definition of relevance? Second, should evidentiary codes include a tighter definition of relevance? Third, how should we assess lawyers' use of evidence that, loosely speaking, is irrelevant?


The Cathedral' At Twenty-Five: Citations And Impressions, James E. Krier, Stewart J. Schwab Jan 1997

The Cathedral' At Twenty-Five: Citations And Impressions, James E. Krier, Stewart J. Schwab

Articles

It was twenty-five years ago that Guido Calabresi and Douglas Melamed published their article on property rules, liability rules, and inalienability' Calabresi, then a law professor, later a dean, is now a federal judge. Melamed, formerly a student of Calabresi's, is now a seasoned Washington attorney. Their article-which, thanks to its subtitle, we shall call The Cathedral-has had a remarkable influence on our own thinking, as we tried to show in a recent paper2 This is not the place to rehash what we said then, but a summary might be in order. First, we demonstrated that the conventional wisdom about …


Public Choice And Future Of Public Choice-Influenced Legal Scholarship, David Skeel Jan 1997

Public Choice And Future Of Public Choice-Influenced Legal Scholarship, David Skeel

Articles

By many yardsticks, public choice is the single most successful transplant from the world of economics to legal scholarship., As with other law-and-economics scholarship, critics have attacked its assumptions, its methodology, and its conclusions. But nearly everyone concedes the power of at least some of the insights of public choice, and many of its terms, including "public choice" itself, have become common coinage in the legal literature, even among those who would never overtly rely on law-and-economics perspectives in their work. Although both Maxwell Stearns's collection of readings and commentary, Public Choice and Public Law, and much of this Review …


The Ethics Of Genetic Research On Sexual Orientation, Udo Schuklenk, Edward Stein, Jacinta Kerin, William Byne Jan 1997

The Ethics Of Genetic Research On Sexual Orientation, Udo Schuklenk, Edward Stein, Jacinta Kerin, William Byne

Articles

No abstract provided.


A Methodological Perspective On The Use Of Comparative Media Law, Monroe E. Price, Stefaan G. Verhulst Jan 1997

A Methodological Perspective On The Use Of Comparative Media Law, Monroe E. Price, Stefaan G. Verhulst

Articles

No abstract provided.


The Market For Loyalties And The Uses Of Comparative Media Law, Monroe E. Price Jan 1997

The Market For Loyalties And The Uses Of Comparative Media Law, Monroe E. Price

Articles

No abstract provided.


Minority Protection In Residential Private Governments, Stewart E. Sterk Jan 1997

Minority Protection In Residential Private Governments, Stewart E. Sterk

Articles

No abstract provided.


What Price Peace: From Nuremberg To Bosnia To The Nobel Peace Prize, Malvina Halberstam Jan 1997

What Price Peace: From Nuremberg To Bosnia To The Nobel Peace Prize, Malvina Halberstam

Articles

No abstract provided.


International Taxation Of Electronic Commerce, Reuven S. Avi-Yonah Jan 1997

International Taxation Of Electronic Commerce, Reuven S. Avi-Yonah

Articles

This article submits proposals for taxing the digital economy on the basis of the benefits and single tax principles.


Going To Trial: A Rare Throw Of The Die, Samuel R. Gross, Kent D. Syverud Jan 1997

Going To Trial: A Rare Throw Of The Die, Samuel R. Gross, Kent D. Syverud

Articles

If it is true, as we often hear, that we are one of the most litigious societies on earth, it is because of our propensity to sue, not our affinity for trials. Of the hundreds of thousands of civil lawsuits that are filed each year in America, the great majority are settled; of those that are not settled, most are ultimately dismissed by the plaintiffs or by the courts; only a few percent are tried to a jury or a judge. This is no accident. We prefer settlements and have designed a system of civil justice that embodies and expresses …


Corporations, Criminal Law And The Color Of Money, Joseph Vining Jan 1997

Corporations, Criminal Law And The Color Of Money, Joseph Vining

Articles

This part of From Newton's Sleep, published by Princeton University Press in 1995 and in a paperback edition in early 1997, is reprinted by permission of the publisher. From Newton's Sleep is a book on the legal form of thought and its meaning for science and religion. It consists of some two hundred and fifty self-contained pieces arranged in eight sections. In its form, the book is much like and is meant to be much like the material with which lawyers routinely deal. Here, Law Quadrangle Notes excerpts a piece that touches on a subject of lively debate today, among …