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The Seven Deadly Sins Of Takings Law: The Dissents In Lucas V. South Carolina Coastal Council, Richard A. Epstein

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No abstract provided.

The Material Basis Of Jurisprudence, Richard A. Posner

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No abstract provided.

Harold Berman's Accomplishment As A Legal Historian, Richard H. Helmholz

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No abstract provided.

Real Life Moot Court: The University Of Idaho Legal Aid Clinic Appellate Component Benefits Students, Clients, And Court, Maureen Laflin

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No abstract provided.

Peirce And Logicism: Notes Towards An Exposition, Susan Haack

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Structuring The Separation Of Powers, Philip B. Kurland

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Lucas V. South Carolina Coastal Council: A Tangled Web Of Expectations, Richard A. Epstein

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Governance In Chapter 11 Reorganizations: Reducing Costs, Improving Results, Edward S. Adams

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Throughout the past two years, Trans World Airlines, Midway Airlines, and R.H. Macy Company, as well as over 46,000 other corporations, have filed petitions for relief under Chapter 11 of the United States Bankruptcy Code. Of the firms that have filed Chapter 11 reorganization petitions, over eighty percent will never reorganize successfully and will not avoid a subsequent conversion to a Chapter 7 liquidation proceeding. The effects of these “misfilings” are enormous. Most fundamentally, an attempted reorganization, when liquidation is the more efficient solution, can unnecessarily increase the overall costs of bankruptcy significantly.

The Law Of Legitimacy: An Instrument Of Procreative Power, Mary Louise Fellows

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The purpose of this Article is to explore how inheritance law, through its reliance on the laws regarding legitimacy, affects the construction of sexuality and procreative power in our society. The crucial importance of female monogamy in a private property regime is well-recognized. It is the only means by which a man can assure himself that his wealth will be inherited by his offspring. The enforcement of female monogamy by men enhances a man’s procreative power because it provides the basis for his claim of paternity.

Marriage, Divorce, And The Family: A Cautionary Tale, Judith T. Younger

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Racial Disproportion In Us Prisons, Michael Tonry

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Drawing Lines In The Sea (Book Review), Bernard H. Oxman

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State Responses To Task Force Reports On Race And Ethnic Bias In The Courts, Suellyn Scarnecchia

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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 …

Cornerstones Of The Judicial Process, Jerold H. Israel

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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 …

Letter To Judge Harry Edwards, James J. White

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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.

Japan’S ‘Foreign Workers’ Policy: A View From The United States, Daniel H. Foote

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"The Door That Never Opens"?: Capital Punishment And Post-Conviction Review Of Death Sentences In The United States And Japan, Daniel H. Foote

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The capital punishment system and current standards for collateral review of capital sentences appear quite similar in the United States and Japan. On a deeper level, though, the systems are moving in very different directions. Given. the extensive literature on capital punishment and capital habeas in the United States, this article focuses chiefly on Japan, examining the process by which the standards governing postconviction review have been relaxed and the impact of that change. Japan's Supreme Court bears the image of being a highly conservative, passive institution resistant to dramatic .change of any sort. Yet this examination reveals that, in …

A Washington State Income Tax - Again?, Hugh D. Spitzer

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This Article shows how, because of changes in key rulings of the United States Supreme Court and in other state court rulings on the character of income taxes, Washington’s legislature could now implement a graduated net income tax on both individuals and businesses. The Article concludes that such a net income tax measure could lawfully be enacted by today’s legislature without amending the state’s constitution.

Where Environmental Law And Biology Meet: Of Pandas' Thumbs, Statutory Sleepers, And Effective Law, William H. Rodgers, Jr.

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The purpose of this article is to introduce some of the recent findings of evolutionary biology to the legal community and to urge their consideration in developing a more effective law. As background, Part II of this article will present a brief evolutionary history of our own species.

Part III offers a primer on Darwin's theory of natural selection and the concept of adaptation, with special attention to the elaboration of altruism as it is known in modern biology. Part IV discusses maladaptation as a counterpoise to adaptation and underscores the notion with some stories from natural history on subjects …

Statutory Misinterpretations: A Legal Autopsy, Eric Schnapper

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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 …

Rodrigo's Seventh Chronicle: Race, Democracy, And The State, Richard Delgado

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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

Health Care Price Controls And The Takings Clause Commentary, William S. Brewbaker Iii

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No abstract provided.

Using Parrots To Kill Mockingbirds: Yet Another Racial Prosecution And Wrongful Conviction In Maycomb Symposium: To Kill A Mockingbird, Bryan K. Fair

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Foreword: Rethinking The Colorblindness Model Lead Article, Bryan K. Fair

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Imposition, Richard Delgado, Jean Stefancic

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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

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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

The 1991 Supreme Court Term: Review And Outlook, John O. Mcginnis

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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 …

What's Standing After Lujan? Of Citizen Suits, "Injuries," And Article Iii, Cass R. Sunstein

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Overcompensating: The Corporate Lawyer And Executive Pay, Charles M. Yablon

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Populism, Law, And The Corporation: The 1897 Kansas Supreme Court, James L. Hunt

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