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Building Bridges And Overcoming Barricades: Exploring The Limits Of Law As An Agent Of Transformational Social Change Colloquium: Bridging Society, Culture, And Law: The Issue Of Female Circumcision, Ronald J. Krotoszynski Jr.

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No abstract provided.

Death And Transfiguration: The Myth That The U.C.C. Killed "Property", Jeanne L. Schroeder

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The article examines the evolution of property concepts in legal frameworks, particularly focusing on the Uniform Commercial Code (U.C.C.) and its treatment of title in sales transactions. It argues that while the U.C.C. attempted to shift from traditional notions of property as a unitary right to a more process-oriented approach, it did not fully abandon the underlying imagery of property as a tangible, identifiable object. The analysis critiques the common law's emphasis on title and explores the idea that property should be viewed as a legal relation among subjects rather than a fixed, physical entity. The article proposes a reinterpretation …

The Once And Future Property-Based Vision Of The First Amendment, John O. Mcginnis

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The growth of the information superhighway depends not only on technological developments, but also on our society's commitment to the free flow of information. Paradoxically, however, as the digital revolution in telecommunications is bringing the information superhighway into sharp focus, the justifications for contemporary First Amendment jurisprudence are becoming blurred.

Security Interests On Exempt Property After The 1994 Amendments To The Bankruptcy Code, David G. Carlson

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The Rhythms Of Hope And Disappointment In The Language Of Judging (St. John's University School Of Law: Rededication Symposia), James Boyd White

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I want to talk today about a certain aspect or dimension of the language of judging. From one point of view the quality I mean can be seen as a kind of idealism inherent in legal lan­guage; from another, as a kind of fundamental hypocrisy; from still another, as a simultaneously tragic and comic element in le­gal life.

Tax Transitions, Opportunistic Retroactivity, And The Benefits Of Government Precommitment, Kyle D. Logue

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What if the current federal income tax laws were repealed and replaced with a simple flat tax? What if the entire Internal Revenue Code (with its graduated rates and countless deductions, exclusions, and credits) were scuttled in favor of a broad-based consumption tax? Only a few years ago, such proposals would have seemed radical and extremely unlikely to be adopted. But times are changing. Calls for a drastic overhaul of the Internal Revenue Code have become commonplace, even at the highest levels in the tax-policy community. In addition, proposals that would replace the income tax with a flat-rate broad-based consumption …

Bowers V. Hardwick, Romer V. Evans, And The Meaning Of Anti-Discrimination Legislation, Marc A. Fajer

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Liberty Without Equality: The Property-Rights Connection In A Negative Citizenship Regime, David Abraham

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Why, in comparison with other liberal capitalist democracies, is the social welfare state so poorly anchored in American law and public discourse? Surely American political and social history have contributed much to the weakness of our "social state." But law, too, has played a significant material, as well as ideological, role and has provided the terrain for much of our social development. This essay explores the particular contribution of the property-liberty nexus to the stunted development of positive liberty and social citizenship in the United States. It traces this connection from the natural rights and bourgeois Founders through several key …

Rodrigo's Thirteenth Chronicle: Legal Formalism And Law's Discontents Symposium: Representing Race, Richard Delgado

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Rodrigo's Twelfth Chronicle: The Problem Of The Shanty Chronicle, Richard Delgado

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Eliminate The Middle Man, Richard Delgado

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Capture And Counteraction: Self- Help By Environmental Zealots (Allen Chair Symposium 1996: The Future Of Environmental And Land-Use Regulation), James E. Krier

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Self-help is a largely neglected topic in American legal studies.1 With the exception of a survey by a group of law students published a dozen years ago,2 there appears to be little, if anything, in our legal literature that confronts the subject in a systematic way.3 This is so, at least, if one defines self-help as I do. To me, the term refers to any act of bypassing the formal legal system in order to get what one wants.

Civil Forfeiture And The War On Drugs: Lessons From Economics And History, Donald J. Boudreaux, Adam C. Pritchard

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This Article uses economic analysis to show how civil forfeiture’s role in the war on drugs creates contrary incentives for law enforcement officials and encourages abuses. The Article then reviews the history of civil forfeiture and the Supreme Court’s forfeiture jurisprudence, which seems incoherent. The Authors warn that the judiciary should be skeptical of civil forfeiture and its importance to the war on drugs. The Article proposes a constitutional framework, grounded in economics and history, to limit forfeiture abuses.

Internationale Handelsgessellschaft Mbh V.Einfuhrund Vorratsstelle Für Getreide Und Futtermittel (Favorite Case Symposium), James E. Krier

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The idea of a "favorite judicial opinion" had never occurred to me until the Texas Law Review planted it in my head; the Journal of the American Dental Association could as well have asked me to express some sentiments about my favorite toothache. I was at a loss to think of even a single candidate for what, until the event, I had apparently regarded as a nonexistent office. Why then did I decide to accept the Review's invitation? The answer is, in a word, curiosity: Never mind that the editors of a law review in Texas wanted to know what …

The Trouble With Hairdressers, Donald J. Herzog

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Why should hairdressers, of all unlikely candidates, have come to exemplify equality, to be a cultural obsession of sort? Suffice it to say that hairdressers happened to occupy a social position that made it possible to demonize them.

Sanctuary, Redlight Districts, And Washington, D.C.: Some Observations On Neuman's Anomalous Zones (Symposium: Surveying Law And Borders), William I. Miller

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The claim is often made that boundaries obviate disputes if they are clear. But boundaries are inseparable from disputes; they seem to invite them as much as obviate them. Note how natural the collocations "disputed boundary" and "boundary dispute" are. The conventional view that one hears a lot in law schools is that once a bright line is drawn then a boundary is "settled." But that supposes that a clear boundary need not be defended or continually justified or that internal changes in the entity it circumscribes and in some ways defines do not affect the integrity of the boundary. …

The Sense Of Justice And The Justice Of Sense: Native Hawaiian Sovereignty And The Second "Trial Of The Century", William H. Rodgers, Jr.

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My approach in this Essay is to look at the Native Hawaiian Sovereignty conflict through a lens suggested by evolutionary theory, sometimes described in the law schools as "Law and Biology." In this world, the sense of justice is a set of expectations about how others should behave, backed by a proclivity towards moralistic aggression against deviators.

The sense of justice entails both cognition and emotion, with a match of expectations and then the fit that follows if there is no fit.

Compare and despair is the name of the game. Explored in detail are the actions of Dennis "Bumpy" …

Cardozo's Allegheny College Opinion: A Case Study In Law As An Art, Michael Townsend

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This Article consists of two related pieces. One piece considers interpretations of Cardozo's opinion in Allegheny College v. National Chautauqua County Bank. Cardozo commonly is placed among the greatest American judges, but his "analysis in Allegheny College is regularly criticized as contrived and artificial." This Article attempts to resuscitate the reputation of his analysis by placing the case in its historical and doctrinal context. The other piece continues the elaboration of a framework introduced in a previous article for thinking about law as a discipline. Central to this framework is a particular conception of the western intellectual tradition in …

On The Duties And Rights Of Parents, Carl E. Schneider

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The law of the family is the law of the absurd. Law is a system of rules administered institutionally, and thus it must treat people categorically. When law regulates economic life, it finds people at arguably their most schematic, motivated-perhaps-by a relatively unitary conception of their interest pursued in relatively rational ways. But in family life, people are at their least schematic and at their most frustratingly human, various, idiosyncratic, irrational, and perverse, and the law's efforts to affect them are thus often quixotic. In Parents as Fiduciaries, 1 Professor Scott and Dean Scott strikingly and boldly deploy the …

Power, Responsibility, And Republican Democracy, Marci A. Hamilton

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Law As Discourse: Bridging The Gap Between Democracy And Rights, Michel Rosenfeld

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Civilizing The Savages: A Comparison Of Assimilation Laws And Policies In The United States And Australia, Craig J. Trocino

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What The Civil Rights Movement Was And Wasn't, Cass R. Sunstein

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In this David C. Baum Memorial Lecture on Civil Liberties and Civil Rights, Professor Sunstein begins by noting that participants in the civil rights movement were often backward looking and even conservative, invoking commitments from the nation's past and arguing against reliance on the judiciary and the Supreme Court. They stressed above all two time-honored liberal principles: freedom from desperate conditions and opposition to caste. It is wrong to say (as many now do) that the movement was founded on a principle of race neutrality, and also wrong to say (as some now do) that the movement was opposed to …

The Path Of Cyberlaw, Lawrence Lessig

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A Peculiar Privilege In Historical Perspective: The Right To Remain Silent, Albert Alschuler

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The Metaphor Is The Key: Cryptography, The Clipper Chip, And The Constitution, A. Michael Froomkin

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Denaturalizing The Lawyer-Statesman (Book Review), Anthony V. Alfieri

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Establishment And Toleration In Edmund Burke's Constitution Of Freedom, Michael W. Mcconnell

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An Introduction To Environmental Law In The United States, Michael E. Herz

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An Introduction To Environmental Law In The United States Of America, Michael E. Herz

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There is an old joke about someone who, having taken a course in speed reading, is able to finish War and Peace in an afternoon. On bragging about this accomplishment, he is asked what the book was about. His entire response: "Russia." In attempting to fulfil my charge to summarize American environmental law in a few pages I fear that I risk a similar result. With such ruthless simplification, the reader may came away with no more understanding of this enormous, detailed, and complex body of law than the speed reader had of Tolstoy, knowing only that American environmental law …