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Doctrine In A Vacuum: Reflections On What A Law School Ought (And Ought Not) To Be, James Boyd White

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I have written earlier in these pages about the expectations-the fears and hopes-that one can appropriately bring to law school. In this paper I speak to those who are immersed in the process of legal education, on one side of the podium or the other, and wish to say something of what I think it is, and can be, all about.

General Principles Of Civil Law Of The People's Republic Of China (Translation), Whitmore Gray, Henry R. Zheng

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(Adopted April 12, 1986, at the Fourth Session of the Sixth National People's Congress, to take effect on January 1, 1987.)'

Prosecutorial Discretion In Japan: A Response, Daniel H. Foote

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Marsha Goodman's Prosecutorial Discretion in Japan, with its thoroughly researched description of the manner in which that discretion is exercised-including several new case studies-is an important addition to English-language literature on the Japanese legal system and raises numerous interesting issues regarding the Japanese criminal justice system.

Goodman focuses much of her attention on the lengthy battle over the abuse of prosecutorial discretion doctrine in Japan. This discussion provides a fine example of a classic pattern of legal debate in Japan. As in this case, defense counsel familiar with an issue frequently initiate movements for change in criminal procedure standards …

Some Thoughts On Legal Education In Japan, Daniel H. Foote

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This piece is based upon a talk given at the Harvard Law Association of Japan meeting on December 4, 1985, by Daniel H. Foote.

Published in Japanese - English original draft provided.

Compelling Testimony In Alaska: The Coming Rejection Of Use And Derivative Use Immunity, Jeff M. Feldman

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Until 1972, when the Supreme Court upheld a federal use andderivative use immunity statute in Kastigar v. United States, virtually every court that considered the issue of the compulsion of testimony favored transactional immunity. It appears that most courts interpreted the Supreme Court's 1892 decision in Counselman v. Hitchcock as finding only transactional immunity constitutional. Since Kastigar, the Alaska Supreme Court has had several opportunities totake sides in the debate over the grant of immunity constitutionally required to compel testimony. On each such occasion, the court has expressed a preference for transactional immunity, but has carefullyavoided resolving the …

Terrorism, Malvina Halberstam

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No abstract provided.

Book Review (Reviewing Frederic Rogers Kellog, The Formative Essays Of Justice Holmes: The Making Of An American Legal Philosophy (1984) And H. L. Pohlman, Justice Oliver Wendell Holmes And Utilitarian Jurisprudence (1984)), Richard A. Posner

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No abstract provided.

Wrongful Possession Of Chattels: Hornbook Law And Case Law, Richard H. Helmholz

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No abstract provided.

Mediation With A Mugger: The Shortage Of Adjudicative Services And The Need For A Two-Tier Trial System In Civil Cases, Albert W. Alschuler

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No abstract provided.

The German Advantage In Civil Procedure, John H. Langbein

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No abstract provided.

Book Review (Reviewing Kenneth Pennington, Pope And Bishops: The Papal Monarchy In The Twelfth And Thirteenth Centuries (1984)), Richard H. Helmholz

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No abstract provided.

Wealth Maximization Revisited, Richard A. Posner

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No abstract provided.

The Constitution As Mirror: Tribe's Constitutional Choices (Reviewing Laurence H. Tribe, Constitutional Choices (1985)), Richard A. Posner

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No abstract provided.

The Historical Origins And Economic Structures Of Workers' Compensation Law, Richard A. Epstein

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No abstract provided.

The Constitution In The Supreme Court: 1910-1921, David P. Currie

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No abstract provided.

The Constitution In The Supreme Court: Full Faith And The Bill Of Rights, 1889-1910, David P. Currie

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No abstract provided.

The Constitution In The Supreme Court: Full Faith And The Bill Of Rights, 1889-1910, David P. Currie

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No abstract provided.

Why Restrain Alienation?, Richard A. Epstein

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No abstract provided.

Introduction To The Symposium On Legal Structures For Managing The Pacific Northwest Salmon And Steelhead: The Biological And Historical Context, Dale Goble

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No abstract provided.

Public Policy, The Constitution, And The Supreme Court, Philip B. Kurland

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No abstract provided.

The Original Understanding Of The Freedom Of The Press Provision Of The First Amendment, Philip B. Kurland

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No abstract provided.

Ethical Problems Of An International Human Rights Practice, David Weissbrodt

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Little attention has been devoted to ethical problems facing American lawyers engaged in commercial and corporate work in foreign countries or with foreign clients. IEven less attention has been paid to the professional responsibilities of lawyers engaged in an international human rights legal practice. 2 As an increas- ing number of lawyers become involved in the practice of international human rights law in the courts of the United States, in international fora, and abroad, issues will continue to arise regarding the ethical constraints on their work.3

Beyond Promissory Estoppel: Contract Law And The "Invisible Handshake", Daniel A. Farber, John Matheson

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No abstract provided.

Public Sector Bargaining: Fiscal Crisis And Unilateral Change, Stephen F. Befort

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The brief history of public sector collective bargaining encompasses two periods of economic extreme. Collective bargaining in the public sector emerged in the 1960's and early 1970's, a period of unprecedented growth in state and local government. With normal economic restraints eased by the growth of state and local budgets, inexperienced public employers frequently offered little resistance to the demands of public sector unions. Beginning in the mid-1970's, however, the economic fortunes of state and local governments suffered a dramatic reversal. Whether viewed as a cause or an effect of the fiscal crisis, taxpayer hostility to ever-increasing budgets accompanied and …

The History Of Statutory Interpretation: A Study In Form And Substance, William S. Blatt

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No abstract provided.

How Should We Talk About Corporations? The Languages Of Economics And Of Citizenship, James Boyd White

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My immediate subject in this Comment is section 2.01 of the American Law Institute's proposed Principles of Corporate Governance (Tentative Draft No. 2), which defines in general terms the proper objectives and conduct of a business corporation. My larger subject has to do with the adequacy and inadequacy of various languages in which corporate pur­poses and limits might be expressed, and especially with the limits of the economic language used in the ALI Draft.

One Use Of Computerized Instructional Gaming In Legal Education: To Better Understand The Rich Logical Structure Of Legal Rules And Improve Legal Writing, Layman E. Allen, Charles S. Saxon

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This article describes an innovation in legal education and speculates about its importance and effectiveness as an educational tool. The speculations about its potential use, however, are ones that each legal educator will be able to test individually to determine the effectiveness of this use of microcomputers to improve legal education. The computer software that permits the innovation to be used will be available to interested persons by the time that this article is published.

Law As Rhetoric, Rhetoric As Law: The Arts Of Cultural And Communal Life, James Boyd White

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In this paper I shall suggest that law is most usefully seen not, as it usually is by academics and philosophers, as a system of rules, but as a branch of rhetoric; and that the kind of rhetoric of which law is a species is most usefully seen not, as rhetoric usually is, either as a failed science or as the ignoble art of persuasion, but as the central art by which community and culture are established, maintained, and transformed. So regarded, rhetoric is continuous with law, and like it, has justice as its ultimate subject. I do not mean …

James A. Martin: A Man Of Grand Strengths, Delightful Foibles, James J. White

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Jim Martin was my student, my colleague, and my close friend. His was a mind of independent ideas and uncommon sharpness. He was a scholar of national reputation, not just in one subject, but in three. Books that he authored or co-authored in Conflict of Laws, Civil Procedure, and Commercial Law are used in courses from coast to coast. He was a principal draftsman of a new statute, the Uniform Personal Property Leasing Act, that will soon be proposed for adoption in every state of the United States. He was a drafter of and a commentator on the Michigan Court …

Unreasonable Searches And Seizures Of Papers, Eric Schnapper

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This article argues that the Supreme Court's original view of the history and meaning of the fourth amendment was correct: seizures of papers were condemned in eighteenth-century England without respect to the validity of any underlying warrant, and the search and seizure clause thus embodies requirements independent of the warrant clause.

Part I discusses the eighteenth-century English decisions, including Entick, and concludes that the case law of that era had two separate branches. One branch forbade general warrants and led to the adoption of the warrant clause; the other, exemplified by Entick, prohibited the seizure of certain papers …