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What If? The Legal Consequences Of Marriage And The Legal Needs Of Lesbian And Gay Male Couples, David L. Chambers Jan 1996

What If? The Legal Consequences Of Marriage And The Legal Needs Of Lesbian And Gay Male Couples, David L. Chambers

Articles

Laws that treat married persons in a different manner than they treat single persons permeate nearly every field of social regulation in this country - taxation, torts, evidence, social welfare, inheritance, adoption, and on and on. In this article I inquire into the patterns these laws form and the central benefits and obligations that marriage entails, a task few scholars have undertaken in recent years. I have done so because same-sex couples, a large group not previously eligible to marry under the laws of any American jurisdiction, may be on the brink of securing the opportunity to do so in …


The Sense Of Justice And The Justice Of Sense: Native Hawaiian Sovereignty And The Second "Trial Of The Century", William H. Rodgers, Jr. Jan 1996

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

Articles

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" …


Balancing The Barriers: Exploiting And Creating Incentives To Promote Development Of New Tuberculosis Treatments, Patricia C. Kuszler Jan 1996

Balancing The Barriers: Exploiting And Creating Incentives To Promote Development Of New Tuberculosis Treatments, Patricia C. Kuszler

Articles

This Article considers the many barriers that health-care providers and public health authorities face in stemming the modem TB epidemic. Part II reviews historical public health measures, their results, and their adaptability to resurgent and MDR-TB. Part III considers the fundamental barriers to a successful global effort using these public health strategies, concluding that these barriers are insurmountable given the current arsenal of anti-tuberculosis therapies. Part IV examines the reasons why research and development of new anti-tuberculosis drugs and vaccines have stagnated over the last quarter century. Finally, part V explores incentives that might revive research and development of such …


Views From The Front: A Dialog About The Corporate Law Firm, S. Elizabeth Wilborn, Ronald J. Krotoszynski Jr. Jan 1996

Views From The Front: A Dialog About The Corporate Law Firm, S. Elizabeth Wilborn, Ronald J. Krotoszynski Jr.

Articles

No abstract provided.


New Technologies And Changing Work Practices In The Media Industry: The Case Of Ireland, Ellen Hazelkorn Jan 1996

New Technologies And Changing Work Practices In The Media Industry: The Case Of Ireland, Ellen Hazelkorn

Articles

No abstract provided.


Rodrigo's Eleventh Chronicle: Empathy And False Empathy Chronicle, Richard Delgado Jan 1996

Rodrigo's Eleventh Chronicle: Empathy And False Empathy Chronicle, Richard Delgado

Articles

No abstract provided.


The Inevitable Wasteland: Why The Public Trustee Model Of Broadcast Television Must Fail - Abandoned In The Wasteland: Children, Television, And The First Amendment By Newton N. Minow And Craig Lamay 1997 Survey Of Books Relating To The Law: Legal Regulation And Reform, Ronald J. Krotoszynski Jr. Jan 1996

The Inevitable Wasteland: Why The Public Trustee Model Of Broadcast Television Must Fail - Abandoned In The Wasteland: Children, Television, And The First Amendment By Newton N. Minow And Craig Lamay 1997 Survey Of Books Relating To The Law: Legal Regulation And Reform, Ronald J. Krotoszynski Jr.

Articles

No abstract provided.


On The Danger Of Wearing Two Hats: Mistretta And Morrison Revisited, Ronald J. Krotoszynski Jr. Jan 1996

On The Danger Of Wearing Two Hats: Mistretta And Morrison Revisited, Ronald J. Krotoszynski Jr.

Articles

No abstract provided.


The New Ethiopian Constitution: Its Impact Upon Unity, Human Rights And Development, Minasse Haile Jan 1996

The New Ethiopian Constitution: Its Impact Upon Unity, Human Rights And Development, Minasse Haile

Articles

The 1994 Ethiopian Constitution, while intended to address historical injustices, has exacerbated tribalism, human rights violations, and poverty by establishing a flawed federal system based on ethnic affiliation. The Constitution grants excessive autonomy to ethnic-based states, undermining national unity and central authority. Its lack of enforceable limitations on government power, absence of judicial review, and emphasis on secession have created a system prone to instability and human rights abuses. The article argues that the Constitution's structure, inspired by defunct Soviet models, is ill-suited to Ethiopia's needs, threatening its democracy, development, and cohesion.


The Once And Future Property-Based Vision Of The First Amendment, John O. Mcginnis Jan 1996

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

Articles

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.


The Essential Role Of Trusted Third Parties In Electronic Commerce, A. Michael Froomkin Jan 1996

The Essential Role Of Trusted Third Parties In Electronic Commerce, A. Michael Froomkin

Articles

No abstract provided.


It Came From Planet Clipper: The Battle Over Cryptographic Key "Escrow", A. Michael Froomkin Jan 1996

It Came From Planet Clipper: The Battle Over Cryptographic Key "Escrow", A. Michael Froomkin

Articles

No abstract provided.


Flood Control On The Information Ocean: Living With Anonymity, Digital Cash, And Distributed Databases, A. Michael Froomkin Jan 1996

Flood Control On The Information Ocean: Living With Anonymity, Digital Cash, And Distributed Databases, A. Michael Froomkin

Articles

No abstract provided.


Not With A Bang But A Whimper: Broadcast License Renewal And The Telecommunications Act Of 1996, Lili Levi Jan 1996

Not With A Bang But A Whimper: Broadcast License Renewal And The Telecommunications Act Of 1996, Lili Levi

Articles

No abstract provided.


The Fcc, Indecency, And Anti-Abortion Political Advertising, Lili Levi Jan 1996

The Fcc, Indecency, And Anti-Abortion Political Advertising, Lili Levi

Articles

No abstract provided.


Observations On Vessel Release Under The United Nations Convention On The Law Of The Sea, Bernard H. Oxman Jan 1996

Observations On Vessel Release Under The United Nations Convention On The Law Of The Sea, Bernard H. Oxman

Articles

No abstract provided.


Contingency Fee Abuses, Ethical Mandates, And The Disciplinary System: The Case Against Case-By-Case Enforcement, Lester Brickman Jan 1996

Contingency Fee Abuses, Ethical Mandates, And The Disciplinary System: The Case Against Case-By-Case Enforcement, Lester Brickman

Articles

Contingency fee abuses are attracting increased public attention. Particular interest is focused on the enormous contingency fees generated by mass tort litigation; in some cases, lawyers are collecting multi-million dollar fees essentially for performing paralegal work. In addition, the relationship between the availability of enormous contingency fees and the amassing of thousands of claims of injury in order to dramatically shift the litigation dynamic in favor of plaintiffs is becoming increasingly apparent. For example, the possibility that major ongoing massive litigations, such as those involving silicone breast implants and the as yet nascent litigation involving the contraceptive Norplant, have much …


Art Speech, Marci A. Hamilton Jan 1996

Art Speech, Marci A. Hamilton

Articles

Although many scholars have been in favor of providing first amendment protection for art, no one has offered a justification for its constitutional protection suited to art's singular capacities. Rather, commentators and courts have been inclined to place art under the rubric of general speech, which limits protection to ideas and content. Professor Hamilton argues that art offers significantly more than its content and deserves first amendment protection tailored to its particular potential. Art enables individuals to experience unfamiliar worlds and thereby to gain new perspectives on the prevailing status quo, including the government's. It performs this function without exposing …


Power, Responsibility, And Republican Democracy, Marci A. Hamilton May 1995

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

Articles

No abstract provided.


Law As Discourse: Bridging The Gap Between Democracy And Rights, Michel Rosenfeld Mar 1995

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

Articles

No abstract provided.


Rights And Their Critics Propter Honoris Respectum, Cass R. Sunstein Jan 1995

Rights And Their Critics Propter Honoris Respectum, Cass R. Sunstein

Articles

No abstract provided.


The Path Of Cyberlaw, Lawrence Lessig Jan 1995

The Path Of Cyberlaw, Lawrence Lessig

Articles

No abstract provided.


Judges' Writing Styles (And Do They Matter?), Richard A. Posner Jan 1995

Judges' Writing Styles (And Do They Matter?), Richard A. Posner

Articles

No abstract provided.


Eighteenth Century Presidency In A Twenty-First Century World, An, Cass R. Sunstein Jan 1995

Eighteenth Century Presidency In A Twenty-First Century World, An, Cass R. Sunstein

Articles

No abstract provided.


Racial Quotas And The Jury, Albert W. Alschuler Jan 1995

Racial Quotas And The Jury, Albert W. Alschuler

Articles

No abstract provided.


The Permit Power Meets The Constitution, Richard A. Epstein Jan 1995

The Permit Power Meets The Constitution, Richard A. Epstein

Articles

No abstract provided.


Rethinking Tax Treaties In A Strategic World With Disparate Tax Systems, Julie Roin Jan 1995

Rethinking Tax Treaties In A Strategic World With Disparate Tax Systems, Julie Roin

Articles

No abstract provided.


Cooperation And Conflict: The Economics Of Group Status Production And Race Discrimination, Richard H. Mcadams Jan 1995

Cooperation And Conflict: The Economics Of Group Status Production And Race Discrimination, Richard H. Mcadams

Articles

No abstract provided.


What Is The Goal Of Campaign Finance Reform?, David A. Strauss Jan 1995

What Is The Goal Of Campaign Finance Reform?, David A. Strauss

Articles

No abstract provided.


The Constitution In Congress: The First Congress And The Structure Of Government, 1789-1791, David P. Currie Jan 1995

The Constitution In Congress: The First Congress And The Structure Of Government, 1789-1791, David P. Currie

Articles

No abstract provided.