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Articles 6901 - 6930 of 8385
Full-Text Articles in Entire DC Network
State Responses To Task Force Reports On Race And Ethnic Bias In The Courts, Suellyn Scarnecchia
State Responses To Task Force Reports On Race And Ethnic Bias In The Courts, Suellyn Scarnecchia
Articles
While several states have embarked on studies of race and ethnic bias in their courts, Minnesota is only the sixth to publish its report to date. As Minnesota joins the ranks of states with published reports, it is worthwhile to assess the impact of the five earlier published reports from other states. Final reports have been published in Michigan (1989), Washington (1990), New York (1991), Florida (1991) and New Jersey (1992). The published reports make findings and provide several specific recommendations for change. This article will review the published findings and recommendations of the task forces and will discuss the …
Preference Conundrums, James J. White, Daniel Israel
Preference Conundrums, James J. White, Daniel Israel
Articles
Every law teacher and many law students and practitioners understand the intellectual sport to be found in Section 547 on preference law. Because the preference rules are so intricate, rigorously logical-but really not logical-they command more than their fair attention, not only in law school but also in continuing legal education and even in the courts. Our purpose in this article is not to answer any of the difficult questions or to give a global explanation of preference law. Rather it is to confront a few of the conundrums in Section 547 and to follow the paths of those conundrums …
Cornerstones Of The Judicial Process, Jerold H. Israel
Cornerstones Of The Judicial Process, Jerold H. Israel
Articles
Under our federated system of government, each state and the federal government have their own criminal justice processes. The federal system must comply with the constitutional prerequisites set forth in the Bill of Rights, and the state systems must comply with those Bill of Rights' provisions made applicable to the states by the Fourteenth Amendment,1 but those constitutional prerequisites allow considerable room for variation from one jurisdiction to another. In many respects, the fifty states and the federal government have used that leeway to produce considerable diversity in their respective criminal justice processes. At the same time, however, one can …
Harry Edward's Nostalgia, Paul D. Reingold
Harry Edward's Nostalgia, Paul D. Reingold
Articles
Until fairly recently, the work of people who thought and wrote about the law in its broadest cultural sense, and the work of those who thought and wrote about the law as it was practiced, did not intersect very much. The broad cultural issues tended to be the province of philosophers or political theorists or other academic social critics, while traditional legal scholarship - as it appeared in law school journals - remained firmly rooted in lawyers' questions. This is not to suggest that legal academics wrote nothing but practice manuals, but it is true that until the last twenty …
The Scholar As Advocate, Rebecca S. Eisenberg
The Scholar As Advocate, Rebecca S. Eisenberg
Articles
Academic freedom in this country has been so closely identified with faculty autonomy that the two terms are often used interchangeably, especially by faculty members who are resisting restraints on their freedom to do as they please. While there may be some dispute as to whether or how far academic freedom protects the autonomy of universities or of students, the autonomy of faculty members seems to lie close to the core of the traditional American conception of academic freedom. As elaborated by the American Association of University Professors, this conception of academic freedom calls for protecting individual faculty members from …
Letter To Judge Harry Edwards, James J. White
Letter To Judge Harry Edwards, James J. White
Articles
Dear Harry: I write to second your statements concerning the disjunction between legal education and the legal profession and also to quibble with you. By examining the faculty, the curriculum, and the research agenda at Michigan, your school and mine, I hope to illustrate the ways in which you are right and to suggest other ways in which you and your clerk informants may be too pessimistic.
The Romance Of Revenge: Capital Punishment In America, Samuel R. Gross
The Romance Of Revenge: Capital Punishment In America, Samuel R. Gross
Articles
On February 17, 1992, Jeffrey Dahmer was sentenced to 15 consecutive terms of life imprisonment for killing and dismembering 15 young men and boys (Associated Press 1992a). Dahmer had been arrested six months earlier, on July 22, 1991. On January 13 he pled guilty to the fifteen murder counts against him, leaving open only the issue of his sanity. Jury selection began two weeks later, and the trial proper started on January 30. The jury heard two weeks of testimony about murder, mutilation and necrophilia; they deliberated for 5 hours before finding that Dahmer was sane when he committed these …
Special Effects Photography, Andrew Davidhazy
Special Effects Photography, Andrew Davidhazy
Articles
Summary of a variety of special effect techniques originally the basis for a special effects section in the Focal Encyclopedia of Photography. Includes things like Sabattier, matte-box, stroboscopic, kaleidoscopic, bas-relief, and many others.
Statutory Misinterpretations: A Legal Autopsy, Eric Schnapper
Statutory Misinterpretations: A Legal Autopsy, Eric Schnapper
Articles
If the Supreme Court is willing to learn from past mistakes, the Court would find it particularly instructive to re-examine the now quite numerous civil rights decisions which have failed to survive congressional scrutiny. The United States Reports are today littered with the corpses of short-lived opinions purporting to interpret federal anti-discrimination statutes; most were dead on arrival in the bound volumes. October Term 1988 was a veritable Pickett's Charge of conservative misinterpretation. Patterson v. McLean Credit Union briefly displaced and destroyed much of section 1981; Public Employees Retirement System v. Betts temporarily overran parts of the Age Discrimination in …
Income From Separate Property: Towards A Theoretical Foundation, Thomas R. Andrews
Income From Separate Property: Towards A Theoretical Foundation, Thomas R. Andrews
Articles
This article addresses an important area of historical disagreement among the community property states: the characterization of the rents, issues, and profits ("income") from separate property brought into or acquired during marriage. Of the nine community property states, five characterize the income derived from separate property as separate property. The other four states characterize such income as community property. Although there have been scattered discussions of this issue throughout the community property case law and literature over the years, I have searched the literature in vain for a comprehensive treatment of the question. Certainly there has not been one in …
Comments On Mary Becker Ira C. Rothgerber Jr. Conference On Constitutional Law - Freedom Of Speech In A World Of Private Power, Richard Delgado
Comments On Mary Becker Ira C. Rothgerber Jr. Conference On Constitutional Law - Freedom Of Speech In A World Of Private Power, Richard Delgado
Articles
No abstract provided.
Rodrigo's Seventh Chronicle: Race, Democracy, And The State, Richard Delgado
Rodrigo's Seventh Chronicle: Race, Democracy, And The State, Richard Delgado
Articles
Considers how democracy and the state both sit at the root of racism and points out how this is a natural extension of Enlightenment principles Explores the link between freemarket politics individualist competitiveness and racism Suggests moving toward a collectivist form of social organization emphasizing love and human solidarity
Foreword: Rethinking The Colorblindness Model Lead Article, Bryan K. Fair
Foreword: Rethinking The Colorblindness Model Lead Article, Bryan K. Fair
Articles
No abstract provided.
Imposition, Richard Delgado, Jean Stefancic
Imposition, Richard Delgado, Jean Stefancic
Articles
Courts have been expressing exasperation with increasing frequency particularly in cases brought by prisoners minorities and other unpopular groups This article posits that the judiciary like society at large deploys the trope of imposition at key moments in the history of a reform movement to invalidate it and place it on the defensive At first society may tolerate or even support the reformers At some point however reaction sets in and we declare that we have done enough for them Now they are unreasonable the aggressors asking for things they do not deserve They are imposing on us and our …
Scorn, Richard Delgado, Jean Stefancic
Scorn, Richard Delgado, Jean Stefancic
Articles
This article reviews examples of scornful contemptuous belittling or sarcastic language by judges addressing litigants who are poor marginalized or seeking to redress unfamiliar injuries Often courts employ language of this sort when dismissing cases that strike them as offthewall or when imposing Rule 11 sanctions for claims that seem to them frivolous The authors develop a theory to understand and limit sarcasm and satire to situations that genuinely call for them
Rodrigo's Third Chronicle: Care, Competition, And The Redemptive Tragedy Of Race Review Dialogue, Richard Delgado
Rodrigo's Third Chronicle: Care, Competition, And The Redemptive Tragedy Of Race Review Dialogue, Richard Delgado
Articles
No abstract provided.
On Telling Stories In School: A Reply To Farber And Sherry, Richard Delgado
On Telling Stories In School: A Reply To Farber And Sherry, Richard Delgado
Articles
No abstract provided.
Hysteresis And Anchoring Energy In Ferroelectric Liquid Crystals, Yuri Panarin
Hysteresis And Anchoring Energy In Ferroelectric Liquid Crystals, Yuri Panarin
Articles
The frequency dispersion of the coercive force of Ferroelectric Liquid Crystals (FLC) cells has been detected and examined in the range of infralow (lower than 0.1 Hz) frequencies. To clarify the low-frequency dispersion, the model has been suggested, based on the arrangement of free charges and well describing the experimental curves. The method for determination of the energy of FLC anchoring at the surface, developed on the basis of the static hysteresis loop, has been proposed. The dependence of bistability and the anchoring energy upon the orientant layer thickness has experimentally been investigated.
Catharine's Wheel: Mackinnon's Pornography Analysis As A Return To Traditional Christian Sexual Theory, Jeanne L. Schroeder
Catharine's Wheel: Mackinnon's Pornography Analysis As A Return To Traditional Christian Sexual Theory, Jeanne L. Schroeder
Articles
The article argues that Catharine MacKinnon's analysis of pornography and sexuality, while presented as radical feminist theory, ultimately incorporates traditional elements from Christian sexual theory and modern liberalism. MacKinnon's critique of pornography as a mechanism of gender subordination aligns with Augustine's view of sexuality as a loss of subjectivity, where involuntary sexual desire symbolizes the Fall's consequences. Despite her sociopolitical analysis, MacKinnon's failure to recognize these influences and her lack of a positive vision for female subjectivity limit her critique's transformative potential.
The 1991 Supreme Court Term: Review And Outlook, John O. Mcginnis
The 1991 Supreme Court Term: Review And Outlook, John O. Mcginnis
Articles
The 1991 Supreme Court Term was the first during which justices originally appointed by Presidents Ronald Reagan and George Bush-Sandra Day O'Connor, Antonin Scalia, Anthony Kennedy, David Souter, and Clarence Thomas-constituted a majority. The term's main surprise, however, was that this majority of five-indeed, a majority of six when Chief Justice William Rehnquist, elevated to that position by President Reagan precisely because of his judicial philosophy, is included-did not forge a consistent jurisprudential majority characterized by the strict interpretative approach favored by their sponsoring presidents. While, generally speaking, the Court's decisions certainly continued to represent a departure from the expansive …
Freedom Of Speech - Was The Naacp Right To Fire One Of Its Lawyers For Representing The Kkk At Issue, Richard Delgado, Yale Rosenberg, Merker Rosenberg
Freedom Of Speech - Was The Naacp Right To Fire One Of Its Lawyers For Representing The Kkk At Issue, Richard Delgado, Yale Rosenberg, Merker Rosenberg
Articles
No abstract provided.
The Copenhagen Document: Intervention In Support Of Democracy, Malvina Halberstam
The Copenhagen Document: Intervention In Support Of Democracy, Malvina Halberstam
Articles
No abstract provided.
The Case Of The Speluncean Explorers: Contemporary Proceedings, Naomi R. Kahn, John O. Calmore, Mary I. Coombs, Dwight L. Greene, Geofrey C. Miller, Jeremy Paul, Laura W. Stein
The Case Of The Speluncean Explorers: Contemporary Proceedings, Naomi R. Kahn, John O. Calmore, Mary I. Coombs, Dwight L. Greene, Geofrey C. Miller, Jeremy Paul, Laura W. Stein
Articles
No abstract provided.
Your Money Or Your Life: A Modest Proposal For Mandatory Pro Bono Services, Mary I. Coombs
Your Money Or Your Life: A Modest Proposal For Mandatory Pro Bono Services, Mary I. Coombs
Articles
No abstract provided.
Telling The Victim's Story, Mary I. Coombs
Impoverished Practices, Anthony V. Alfieri
Structures Of Subordination: Women Of Color At The Intersection Of Title Vii And The Nlra. Not!, Elizabeth M. Iglesias
Structures Of Subordination: Women Of Color At The Intersection Of Title Vii And The Nlra. Not!, Elizabeth M. Iglesias
Articles
No abstract provided.
Darkness Made Visible: Law, Metaphor, And The Racial Self, D. Marvin Jones
Darkness Made Visible: Law, Metaphor, And The Racial Self, D. Marvin Jones
Articles
No abstract provided.
Whiteness And Women, In Practice And Theory: A Reply To Catharine Mackinnon, Martha R. Mahoney
Whiteness And Women, In Practice And Theory: A Reply To Catharine Mackinnon, Martha R. Mahoney
Articles
No abstract provided.
In A World Not Their Own: The Adoption Of Black Children, Zanita E. Fenton
In A World Not Their Own: The Adoption Of Black Children, Zanita E. Fenton
Articles
No abstract provided.