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First Amendment Formalism Is Giving Way To First Amendment Legal Realism, Richard Delgado Jan 1994

First Amendment Formalism Is Giving Way To First Amendment Legal Realism, Richard Delgado

Articles

No abstract provided.


Cultural Differences And Discrimination: Samoans Before A Public Housing Eviction Board, Richard O. Lempert, Karl Monsma Jan 1994

Cultural Differences And Discrimination: Samoans Before A Public Housing Eviction Board, Richard O. Lempert, Karl Monsma

Articles

In Hawaii Samoans are a stigmatized ethnic group. We examine how this group is treated by a public housing eviction board. Statistical analysis suggests Samoans are discriminated against in financial cases. Interviews indicate, however, that Samoans are disadvantaged largely because their excuses are not persuasive and would not be regardless of the ethnicity of the tenants making them. In this sense Samoans are treated "like any other tenant," and illegal discrimination, as defined by the Four- teenth Amendment, has not occurred. But Samoans make unpersuasive excuses more often than other tenants because excuses that are reasonable in the context of …


The Ethics Of Violence: Necessity, Excess, And Opposition (Book Review Essay), Anthony V. Alfieri Jan 1994

The Ethics Of Violence: Necessity, Excess, And Opposition (Book Review Essay), Anthony V. Alfieri

Articles

No abstract provided.


Democratic Credentials, Donald J. Herzog Jan 1994

Democratic Credentials, Donald J. Herzog

Articles

We've made a mistake, urges Bruce Ackerman. We've failed to notice, or have forgotten, that ours is a dualist democracy: ordinary representatives passing their statutes are in fact the democratic inferiors of We the People, who at rare junctures appear on the scene and affirm new constitutional principles. (Actually, he claims in passing that we have a three-track democracy.)' Dwelling lovingly on dualism, Ackerman doesn't quite forget to discuss democracy, but he comes close. I want to raise some questions about the democratic credentials of Ackerman's view. Not, perhaps, the ones he anticipates. So I don't mean to argue that …


Nonrefundable Retainers Revisited, Lester Brickman, Lawrence A. Cunningham Nov 1993

Nonrefundable Retainers Revisited, Lester Brickman, Lawrence A. Cunningham

Articles

Amidst widespread public attention to fee abuses, a court recently held for the first time that nonrefundable retainers violate professional ethics. The court in In re Cooperman essentially adopted the argument of Professors Brickman and Cunningham that nonrefundable retainers are against public policy because they impair a client's right to discharge his attorney at any time without penalty. Because declaring such agreements unethical is tantamount, in the eyes of the practicing bar, to declaring them void, In re Cooperman has sparked a national outcry from those who profit from enforcing nonrefundable retainers. In this Article, Professors Brickman and Cunningham analyze …


Three Lessons From Law And Literature, Richard H. Weisberg Nov 1993

Three Lessons From Law And Literature, Richard H. Weisberg

Articles

The article explores the intersection of law and literature, emphasizing the narrative nature of legal discourse and the importance of "considerate communication" in legal practice. It critiques the dominance of economic analysis in law and advocates for a more nuanced understanding of language and ethics in legal education and practice. The author uses literary works, such as Herman Melville's Billy Budd Sailor, and historical examples, like the Vichy regime in France, to illustrate the ethical and practical implications of how legal language is used.


Fidelity In Translation, Lawrence Lessig May 1993

Fidelity In Translation, Lawrence Lessig

Articles

Readings of the Constitution have changed. Sometimes they have changed because the constitutional text has changed. But more often they have changed while the text has remained the same. Can it be that these changed readings-changes that track no change in constitutional text-can nonetheless be readings of fidelity, faithful to the Constitution's original meaning? On some readings of originalism, the answer must be no. But this essay argues that any complete account of interpretive fidelity must allow--indeed require--changes in constitutional readings even when there has been no change in the constitutional text. If meaning is a function of both text …


Liberal Philosophy's Troubled Relation To The Rule Of Law, David G. Carlson Apr 1993

Liberal Philosophy's Troubled Relation To The Rule Of Law, David G. Carlson

Articles

The article critiques Andrew Altman's defense of liberalism against critical legal studies (CLS), arguing that his account of the rule of law relies on unexamined presuppositions and fails to address the indeterminacy of legal meaning. Altman's metaphor of the rule of law as a checkerboard of zones of freedom is challenged for its definitional ambiguity and reliance on natural law, which undermines his critique of CLS. The analysis suggests that liberalism's inability to tolerate political intrusion into the rule of law exposes its dogmatic underpinnings, while deconstruction offers a more nuanced understanding of legal meaning and its ethical implications.


God Is Dead And We Have Killed Him: Freedom Of Religion In The Post-Modern Age, Michael W. Mcconnell Jan 1993

God Is Dead And We Have Killed Him: Freedom Of Religion In The Post-Modern Age, Michael W. Mcconnell

Articles

No abstract provided.


Social Norms And Default Rules Analysis, Lisa Bernstein Jan 1993

Social Norms And Default Rules Analysis, Lisa Bernstein

Articles

No abstract provided.


Objectivity And The Problems Of Jurisprudence (Reviewing Kent Greenawalt, Law And Objectivity (1992)), Brian Leiter Jan 1993

Objectivity And The Problems Of Jurisprudence (Reviewing Kent Greenawalt, Law And Objectivity (1992)), Brian Leiter

Articles

No abstract provided.


Determinacy, Objectivity, And Authority, Brian Leiter, Jules L. Coleman Jan 1993

Determinacy, Objectivity, And Authority, Brian Leiter, Jules L. Coleman

Articles

No abstract provided.


Confronting The Ethical Case Against The Ethical Case For Constituency Rights, William Wilson Bratton Jan 1993

Confronting The Ethical Case Against The Ethical Case For Constituency Rights, William Wilson Bratton

Articles

No abstract provided.


Telling The Victim's Story, Mary I. Coombs Jan 1993

Telling The Victim's Story, Mary I. Coombs

Articles

No abstract provided.


Lucas V. South Carolina Coastal Council: A Tangled Web Of Expectations, Richard A. Epstein Jan 1993

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

Articles

No abstract provided.


Criminalizing The American Juvenile Court, Barry C. Feld Jan 1993

Criminalizing The American Juvenile Court, Barry C. Feld

Articles

Progressive reformers envisioned a therapeutic juvenile court that made individualized treatment decisions in the child's "best interests." The Supreme Court's Gault decision provided the impetus for transforming the juvenile court from an informal welfare agency into a scaled-down criminal court. Since Gault, the juvenile court procedures increasingly resemble those of adult courts, although in some respects, such as assistance of counsel, juveniles receive less adequate protections. Judicial and legislative changes have altered the juvenile court's jurisdiction over noncriminal status offenders and serious young offenders-as the former are diverted from the system, the latter are transferred to adult criminal courts. Juvenile …


The Hard Case Of Broadcast Indecency, Lili Levi Jan 1993

The Hard Case Of Broadcast Indecency, Lili Levi

Articles

No abstract provided.


State Responses To Task Force Reports On Race And Ethnic Bias In The Courts, Suellyn Scarnecchia Jan 1993

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 …


Harry Edward's Nostalgia, Paul D. Reingold Jan 1993

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 …


Darkness Made Visible: Law, Metaphor, And The Racial Self, D. Marvin Jones Jan 1993

Darkness Made Visible: Law, Metaphor, And The Racial Self, D. Marvin Jones

Articles

No abstract provided.


Foreword: Rethinking The Colorblindness Model Lead Article, Bryan K. Fair Jan 1993

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

Articles

No abstract provided.


Comments On Mary Becker Ira C. Rothgerber Jr. Conference On Constitutional Law - Freedom Of Speech In A World Of Private Power, Richard Delgado Jan 1993

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.


The Belief/Conduct Paradigm In The Supreme Court's Free Exercise Jurisprudence: A Theological Account Of The Failure To Protect Religious Conduct, Marci A. Hamilton Jan 1993

The Belief/Conduct Paradigm In The Supreme Court's Free Exercise Jurisprudence: A Theological Account Of The Failure To Protect Religious Conduct, Marci A. Hamilton

Articles

No abstract provided.


Subject: Object, Jeanne L. Schroeder Sep 1992

Subject: Object, Jeanne L. Schroeder

Articles

The article explores the concept of objectivity in legal theory, examining its complexity and the various ways it is defined and applied. It critiques the left's tendency to associate objectivity with liberalism and masculinity, while highlighting the right's defense of subjectivity. The analysis emphasizes the need for a nuanced understanding of objectivity's forms and implications in legal discourse.


Legal Reasoning From The Top Down And From The Bottom Up: The Question Of Unenumerated Constitutional Rights, Richard A. Posner Jan 1992

Legal Reasoning From The Top Down And From The Bottom Up: The Question Of Unenumerated Constitutional Rights, Richard A. Posner

Articles

No abstract provided.


Bills Of Rights And Regression To The Mean, Frank H. Easterbrook Jan 1992

Bills Of Rights And Regression To The Mean, Frank H. Easterbrook

Articles

No abstract provided.


Yee V. City Of Escondido: The Supreme Court Strikes Out Again, Richard A. Epstein Jan 1992

Yee V. City Of Escondido: The Supreme Court Strikes Out Again, Richard A. Epstein

Articles

No abstract provided.


Gender Is For Nouns, Richard A. Epstein Jan 1992

Gender Is For Nouns, Richard A. Epstein

Articles

No abstract provided.


Property And The Politics Of Distrust, Richard A. Epstein Jan 1992

Property And The Politics Of Distrust, Richard A. Epstein

Articles

No abstract provided.


A Common Lawyer Looks At Constitutional Interpretation, Richard A. Epstein Jan 1992

A Common Lawyer Looks At Constitutional Interpretation, Richard A. Epstein

Articles

No abstract provided.