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Insiders And Outsiders: What The American Law Institute Has Done For Gay And Lesbian Families, Mary I. Coombs

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No abstract provided.

First Panel: The Law Schools' Reponse To Professionalism Issues, Jack L. Sammons (Presenter), Anthony V. Alfieri (Presenter), Nathan Crystal (Responder), Richard E. Carter (Responder), The Honorable Roger K. Warren (Responder), Caroline R. Heil (Responder)

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No abstract provided.

Making Blacks Foreigners: The Legal Construction Of Former Slaves In Post-Revolutionary Massachusetts, Kunal Parker

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No abstract provided.

Anchoring Justice: The Constitutionality Of The Local Law Enforcement Act In United States V. Morrison'S Shifting Seas, Anthony E. Varona, Kevin Layton

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Faith In Justice: Fiduciaries, Malpractice & Sexual Abuse By Clergy, Zanita E. Fenton

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Carrington, Cooley, Kennedy, Klare, Patrick O. Gudridge

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No abstract provided.

Race Prosecutors, Race Defenders, Anthony V. Alfieri

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Crime Control And Feminist Law Reform In Domestic Violence Law: A Critical Review, Donna Coker

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The Limits Of Gaylaw, Dale Carpenter

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The world into which Gaylaw arrives is one whose poles are very far apart. At one pole, a man fatally fractures his dog's skull by beating him with a plastic vacuum cleaner accessory and then throwing the dog against a tree trunk. 3 Why? The man concluded the dog was homosexual after he saw the poodle-Yorkshire terrier mix repeatedly attempt sexual activity with another male terrier. 4 At the man's subsequent trial for animal cruelty, a veterinarian testified that such behavior in dogs is a common way for them to assert dominance, rather than necessarily a sexual act, much less …

The World Trade Constitution, John O. Mcginnis, Mark L. Movsesian

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Conventional wisdom holds that the World Trade Organization (WTO) necessarily poses a threat to sovereignty and representative government within its member nations. Professors McGinnis and Movsesian refute this view. They argue that the WTO can be understood as a constitutive structure that, by reducing the power of protectionist interest groups, can simultaneously promote international trade and domestic democracy. Indeed, in promoting both free trade and accountable government, the WTO reflects many of the insights that inform our own Madisonian Constitution. Professors McGinnis and Movsesian reject recent proposals to grant the WTO regulatory authority, endorsing instead the WTO's limited adjudicative power …

Numerical Simulations Of Steady And Pulsed Non-Adiabatic Magnetised Jets From Young Stars, Stephen O'Sullivan, Tom Ray

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Ccd Speckle Observations Of Binary Stars From The Southern Hemisphere. Ii. Measures From The Lowell-Tololo Telescope During 1999, Elliott P. Horch, Otto Franz, Zoran Ninkov

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Speckle observations of 145 double stars and suspected double stars are presented and discussed. On the basis of multiple observations, a total of 280 position angle and separation measures are determined, as well as 23 high-quality nondetections. All observations were taken with the (unintensified) Rochester Institute of Technology fast-readout CCD camera mounted on the Lowell-Tololo 61 cm telescope at the Cerro Tololo Inter-American Observatory during 1999 October. We find that the measures, when judged as a whole against ephemeris positions of binaries with very well-known orbits, have root mean square deviations of (1.8+/- 0.3) degrees in position angle and (13+/-2) …

The Four Discourses Of Law: A Lacanian Analysis Of Legal Practice And Scholarship, Jeanne L. Schroeder

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The article explores the evolving roles of modern lawyers, highlighting the tension between traditional duties like confidentiality and newer disclosure obligations, particularly in securities law. It employs Lacan's discourse theory to analyze legal roles, categorizing them into master, university, analyst, and hysteric discourses. The article argues that understanding these discourses can inform ethical frameworks and professional responsibilities, advocating for a nuanced approach to legal representation.

What Has Modern Literary Theory To Offer Law? (Reviewing Guyora Binder & Robert Weisberg, Literary Criticisms Of Law (2000)), Richard A. Posner

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The Political Economy Of Global Multilateralism, John O. Mcginnis

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Many conservatives (at the least the subset who are classical liberals) approve of global multilateral trade agreements and allied agreements that keep global capital markets open. Conservatives, however, tend to be openly skeptical of other global multilateral agreements, be they environmental accords, human rights conventions, military pacts, or an agreement on an international criminal court. In this paper I offer the beginnings of a framework of sound political economy that justifies these divergent intuitions and shows that they are rooted in more than just a reflexive liking for trade combined with a disdain for the environment, human rights, criminal justice, …

Reinventing Structural Reform Litigation: Deputizing Private Citizens In The Enforcement Of Civil Rights, Myriam E. Gilles

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The aim of this Article is to explore the possibility of constructing a model that harnesses the power of private citizens to reform unconstitutional practices, particularly in the critical area of police-related rights violations. I seek here to reintegrate private citizens into the enforcement of public laws; to tap the private experiential and financial resources that were a necessary condition of the great structural reform efforts of the civil rights movement of the 1950s and 1960s.

The vehicle by which I propose to accomplish these ends is a simple, yet novel, amendment to 42 U.S.C. § 14141, the statute which …

Against The Scribes: Campaign Finance Reform Revisited, John O. Mcginnis

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No abstract provided.

Squinting Windows In Millennium Light, Eamon Maher

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Material reproduced by kind permission of Doctrine and Life

The Best-Laid Plans, Carl E. Schneider

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It is natural to suppose law is like the centurion and can do as it will: "I say to this man, Go, and he goeth; and to another, Come, and he cometh; and to my servant, Do this, and he doeth it." But a thousand years ago, King Canute tried to disillusion his courtiers about his efficacy by commanding the waves to stop beating. And fifty years ago, Harry Truman predicted of Dwight Eisenhower, "He'll sit here, and he'll say, 'Do this! Do that!' And nothing will happen. Poor Ike-it won't be a bit like the Army. He'll find it …

The Intervention Of American Law In Jewish Divorce: A Pluralist Analysis, Suzanne Last Stone

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The article examines the tension between gender equality and religious freedom through the lens of the *agunah* problem in Jewish law, where women are unable to remarry due to their husbands' refusal to grant a Jewish divorce (*get*). It critiques civil remedies aimed at addressing this issue, such as the Get Law, and evaluates their constitutional implications under the religion clauses. The analysis uses pluralist theories to assess how the liberal state should respond to conflicts between universal rights and group-specific legal practices, arguing that current approaches often undermine cultural diversity and individual rights within religious groups.

Lightness Dependencies And The Effect Of Texture On Suprathreshold Lightness Tolerances, Ethan D. Montag, Roy S. Berns

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A psychophysical experiment was performed to determine the effects of lightness dependency on suprathreshold lightness tolerances. Using a pass/fail method of constant stimuli, lightness tolerance thresholds were measured using achromatic stimuli centered at CIELAB L* = 10, 20, 40, 60, 80, and 90 using 44 observers. In addition to measuring tolerance thresholds for uniform samples, lightness tolerances were measured using stimuli with a simulated texture of thread wound on a card. A texture intermediate between the wound thread and the uniform stimuli was also used. A computer-controlled CRT was used to perform the experiments. Lightness tolerances were found to increase …

Observational Limits On Terrestrial-Sized Inner Planets Around The Cm Draconis System Using The Photometric Transit Method With A Matched-Filter Algorithm, Laurance R. Doyle, Hans Deeg, Valerij Kozhevnikov, Zoran Ninkov, Et Al.

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A lightcurve of the eclipsing binary CM Draconis has been analyzed for the presence of transits of planets of size >= 2.5 Earth-radii (Re), with periods of 60 days or less, and in co-planar orbits around the binary system. About 400 million model lightcurves, representing transits from planets with periods ranging from 7 to 60 days, have been matched/correlated against these data. This process we call the "transit detection algorithm" or TDA. The resulting `transit-statistics' for each planet candidate allow the quantification of detection probabilities, and of false alarm rates. Our current lightcurve of CM Dra has a coverage of …

Law And Regret (Reviewing E. Allan Farnsworth, Changing Your Mind: The Law Of Regretted Decisions (1998)), Eric A. Posner

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No abstract provided.

Timing Corporate Disclosures To Maximize Performance-Based Remuneration: A Case Of Misaligned Incentives?, Charles M. Yablon, Jennifer Hill

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This Article takes a close look at the potential misalignment of interests created by managers' traditional discretion over the timing and content of corporate disclosures and managers' new incentives, created by performance-based compensation, to utilize that discretion to maximize the value of their own compensation. It examines recent studies that strongly suggest that CEOs are manipulating disclosure to increase their own compensation. It then considers the various ways such manipulation can occur, concluding that all but the most egregious forms of disclosure manipulation by management are either legal or effectively insulated from legal redress. The Article then examines the rationales …

A Response To Professor Benkler, Marci A. Hamilton

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Professor Hamilton explores the constitutional complexity uncovered by Professor Benkler in his piece, Constitutional Bounds of Database Protection: The Role of Judicial Review in the Creation and Definition of Private Rights in Information. Specifically, Professor Hamilton highlights that our democratic structure is characterized by representation rather than self-rule. In doing so, she refocuses the role of information in the political process and highlights that different types of information require different levels of access. Professor Hamilton's analysis further illustrates how an imprecise use of terminology may lead to incorrect conclusions regarding information jurisprudence. Through her more refined lens, Professor Hamilton reconsiders …

Criminal Prosecution And Section 1983, Barry Scheck

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The article explores the intricate relationship between criminal prosecutions of police officers and subsequent Section 1983 civil rights claims. Professor Barry C. Scheck examines how the outcomes of criminal cases significantly influence civil litigation, highlighting challenges such as the "blue wall of silence," racial profiling, and legal strategies like Monell claims. The thesis underscores the strategic importance of federal intervention and the use of pattern and practice actions to address systemic issues in law enforcement.

Section 1983 Custom Claims And The Code Of Silence, Myriam E. Gilles

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No abstract provided.

Rationality In Law And Economics Scholarship, Jeanne L. Schroeder

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Jeanne L. Schroeder critiques Richard Posner's conception of rationality in law and economics, arguing that his broad and evolving definition dilutes the concept, rendering it too vague and analytically weak. She advocates for a more nuanced approach that integrates psychological insights and acknowledges the limitations of traditional economic models. Schroeder emphasizes the need for empirical accuracy and theoretical rigor, challenging Posner's dismissal of behavioral economics and his reliance on evolutionary biology for explanations of irrational behavior.

Is Relevant Conduct Relevant - Reconsidering The Guidelines Approach To Real Offense Sentencing, David Yellen

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No abstract provided.

The Cash Balance Controversy, Edward A. Zelinsky

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No abstract provided.