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Stances, Anthony V. Alfieri Jan 1992

Stances, Anthony V. Alfieri

Articles

No abstract provided.


The Death Of The Employer: Image, Text, And Title Vii, D. Marvin Jones Jan 1992

The Death Of The Employer: Image, Text, And Title Vii, D. Marvin Jones

Articles

No abstract provided.


Infinite Strands, Infinitesimally Thin: Storytelling, Bayesianism, Hearsay And Other Evidence, Richard D. Friedman Jan 1992

Infinite Strands, Infinitesimally Thin: Storytelling, Bayesianism, Hearsay And Other Evidence, Richard D. Friedman

Articles

David Schum has long been one of our keenest commentators on questions of inference and proof. He has been particularly interested in, and illuminating on, the subject of "cascaded," or multi-step, inference.' This is a subject of importance to lawyers, because most evidence at trial can be analyzed in terms of cascaded inference. Usually, the proposition that the fact finder2 might immediately infer from the evidence is not itself an element of a crime, claim, or defense. Most often, an extra inference would be required to jump from that proposition to a proposition that the law deems material. Thus, inference …


Some Caveats Concerning Dna As Criminal Identification Evidence: With Thanks To The Reverend Bayes, Richard O. Lempert Nov 1991

Some Caveats Concerning Dna As Criminal Identification Evidence: With Thanks To The Reverend Bayes, Richard O. Lempert

Articles

The conference panel at which this paper was originally presented was structured along the lines of a debate. The three speakers who were supposed to advocate the use of DNA evidence were labeled, as is customary, Proponents. But those who were supposed to take the negative side were not called Opponents. Rather they were labeled Caveators. I do not know who is responsible for this label, but I think it gets things exactly right. To my mind anyone considering DNA as criminal identification evidence should be a Caveator. The promise and utility of DNA analysis in identifying the perpetrators of …


Accommodation Of Religion: An Update And A Response To The Critics, Michael W. Mcconnell Jan 1991

Accommodation Of Religion: An Update And A Response To The Critics, Michael W. Mcconnell

Articles

No abstract provided.


The Failure Of Sentencing Guidelines: A Plea For Less Aggregation, Albert Alschuler Jan 1991

The Failure Of Sentencing Guidelines: A Plea For Less Aggregation, Albert Alschuler

Articles

No abstract provided.


What Judge Bork Should Have Said, Cass R. Sunstein Jan 1991

What Judge Bork Should Have Said, Cass R. Sunstein

Articles

No abstract provided.


Images Of The Outsider In American Law And Culture: Can Free Expression Remedy Systemic Social Ills, Richard Delgado, Jean Stefancic Jan 1991

Images Of The Outsider In American Law And Culture: Can Free Expression Remedy Systemic Social Ills, Richard Delgado, Jean Stefancic

Articles

No abstract provided.


Putting The Dormancy Doctrine Out Of Its Misery, Richard D. Friedman Jan 1991

Putting The Dormancy Doctrine Out Of Its Misery, Richard D. Friedman

Articles

Justice Antonin Scalia has put on the academic table the question of whether the doctrine of the dormant commerce clause should be abandoned. That is a significant contribution, for this is an issue that should be debated thoroughly. But Justice Scalia's campaign against the doctrine has been notably ambivalent. On the one hand, he argues that the doctrine lacks justification in constitutional text, history, and theory.1 On the other hand, assertedly feeling the pressure of stare decisis,2 he has gone along with, and even led, applications of the doctrine, although within narrow limits.3 In this essay, I argue that Justice …


Feminism Historicized: Medieval Misogynist Stereotypes In Contemporary Feminist Jurisprudence, Jeanne L. Schroeder Jul 1990

Feminism Historicized: Medieval Misogynist Stereotypes In Contemporary Feminist Jurisprudence, Jeanne L. Schroeder

Articles

The article argues that contemporary feminist theories are ahistorical and culturally narrow, often mirroring medieval misogynist stereotypes by assuming that late-twentieth-century, white, upper-middle-class American experiences represent universal truths about gender. By examining medieval canon law and societal norms, the analysis reveals that patriarchal structures have persisted across time, adapting to different cultural definitions of masculinity and femininity. The author advocates for a more historically and cross-culturally informed approach to jurisprudence and gender theory to avoid replicating past oppressions.


Realization, Recognition, Reconciliation, Rationality And The Structure Of The Federal Income Tax System, Patricia D. White Jun 1990

Realization, Recognition, Reconciliation, Rationality And The Structure Of The Federal Income Tax System, Patricia D. White

Articles

No abstract provided.


Rawls On Political Community And Principles Of Justice, James W. Nickel May 1990

Rawls On Political Community And Principles Of Justice, James W. Nickel

Articles

No abstract provided.


Unrightable Wrongs: The Rehnquist Court, Civil Rights, And An Elegy For Dreams, D. Marvin Jones Jan 1990

Unrightable Wrongs: The Rehnquist Court, Civil Rights, And An Elegy For Dreams, D. Marvin Jones

Articles

No abstract provided.


Principles, Not Fictions Exchange, Cass R. Sunstein Jan 1990

Principles, Not Fictions Exchange, Cass R. Sunstein

Articles

No abstract provided.


Speaking Out Of Turn: The Story Of Josephine V., Anthony V. Alfieri Jan 1990

Speaking Out Of Turn: The Story Of Josephine V., Anthony V. Alfieri

Articles

No abstract provided.


Lowering One's Cites: A (Sort Of) Review Of The University Of Chicago Manual Of Legal Citation, Mary I. Coombs Jan 1990

Lowering One's Cites: A (Sort Of) Review Of The University Of Chicago Manual Of Legal Citation, Mary I. Coombs

Articles

No abstract provided.


Autonomy, Community, And Traditions Of Liberty: The Contrast Of British And American Privacy Law Notes, Ronald J. Krotoszynski Jr. Jan 1990

Autonomy, Community, And Traditions Of Liberty: The Contrast Of British And American Privacy Law Notes, Ronald J. Krotoszynski Jr.

Articles

No abstract provided.


Generalization In Interpretive Theory, Joseph Vining Jan 1990

Generalization In Interpretive Theory, Joseph Vining

Articles

There are arguments at large about the nature of legal interpretation, proceeding from an implicit proposition that interpretation is the same phenomenon or experience whatever its setting. An assumption that there is one phenomenon can be found in discussions among lawyers of interpretation and in discussions among nonlawyers of legal interpretation-and as often in the work of those who would deny there is any significance to theorizing about interpretation, as of those who think persuasion to a particular theory will have the utmost consequence for law and society. Proceeding from such a proposition, rather than toward it, raises the risk …


Entering With A Vengeance: Posner On Law And Literature, Richard H. Weisberg Jul 1989

Entering With A Vengeance: Posner On Law And Literature, Richard H. Weisberg

Articles

The article critiques Richard A. Posner's book Law and Literature: A Misunderstood Relation, arguing that while it offers a comprehensive analysis of law-related literature, it reflects Posner's authoritarian bias and dismisses literature's critical potential to challenge legal authority. Posner's approach is seen as overly deductive and dismissive of literary insights that question legal power structures.


Self-Determination In The Arab-Israeli Conflict: Meaning, Myth, And Politics, Malvina Halberstam Apr 1989

Self-Determination In The Arab-Israeli Conflict: Meaning, Myth, And Politics, Malvina Halberstam

Articles

No abstract provided.


Discipline Of Clear Expression, Donald L. Burnett Jr. Jan 1989

Discipline Of Clear Expression, Donald L. Burnett Jr.

Articles

No abstract provided.


The Utilitarian Foundations Of Natural Law, Richard A. Epstein Jan 1989

The Utilitarian Foundations Of Natural Law, Richard A. Epstein

Articles

No abstract provided.


Interpreting Statutes In The Regulatory State, Cass R. Sunstein Jan 1989

Interpreting Statutes In The Regulatory State, Cass R. Sunstein

Articles

Discussing the judge's role in interpreting statutes, Justice Holmes wrote that "if my fellow citizens want to go to Hell I will help them. It's my job."' Critics of the view of the courts as passive agents of the legislature claim that it understates the difficulty of interpretation, the indeterminacy of both the language and the will of the citizens, and the resulting discretion of the judge. Similarly, a vigorous debate continues over the proper role of the traditional sources of statutory interpretation - the text, the legislative history, the purpose of the enacting Congress, and the structure of the …


International Jurisdiction In National Legal Systems: The Case Of Antitrust, Diane P. Wood Jan 1989

International Jurisdiction In National Legal Systems: The Case Of Antitrust, Diane P. Wood

Articles

No abstract provided.


Work On A Labor Theory Of Meaning, Kenneth M. Casebeer Jan 1989

Work On A Labor Theory Of Meaning, Kenneth M. Casebeer

Articles

No abstract provided.


Drafting Wagner's Act: Leon Keyserling And The Precommittee Drafts Of The Labor Disputes Act And The National Labor Relations Act, Kenneth M. Casebeer Jan 1989

Drafting Wagner's Act: Leon Keyserling And The Precommittee Drafts Of The Labor Disputes Act And The National Labor Relations Act, Kenneth M. Casebeer

Articles

This Article analyzes the development of the National Labor Relations Act through the drafts of the original Act. The author traces the evolution of Senator Wagner's ideas through numerous policy and political battles to the passage of the NLRA in 1935. The author explores the development of the drafts and the historical context surrounding their creation to reveal the social theory of the drafters and illuminate previously unexplored undercurrents in the text of the Act itself. The author, through this novel approach to the NLRA, sets up a new way to view the 1935 Act, and evaluates subsequent amendments and …


Legal Affinities, Joseph Vining Jan 1989

Legal Affinities, Joseph Vining

Articles

Not long ago, any question of the kind "How may theology serve as a resource in understanding law?" would have been hardly conceivable among lawyers. When Lon Fuller brought out his first book in 1940, The Law in Quest of Itself, he could think of no better way of tagging his adversary the legal positivist than to note a "parallel between theoretical theology and analytical jurisprudence." Two decades later, in the name of realism, Thurman Arnold dismissed Henry Hart's non-positivist jurisprudence in harsh terms. A master of the cutting phrase, he confidently entitled his attack "Professor Hart's Theology." Two decades …


Family Feud: A Response To Robert Weisberg On Law And Literature, Richard H. Weisberg Dec 1988

Family Feud: A Response To Robert Weisberg On Law And Literature, Richard H. Weisberg

Articles

The article engages in a critical dialogue with Robert Weisberg's work on the intersection of law and literature, particularly his skepticism toward the field's potential for sentimentality and his resistance to the literary text as a primary source of legal insight. The author argues that literature provides a unique lens for understanding the irrationalities and ethical dimensions of legal discourse, challenging Weisberg's dismissal of its value. The article contends that Law and Literature must embrace its subversive potential to critique legal assumptions and institutional language, while also addressing the broader cultural and epistemological challenges facing interdisciplinary scholarship.


Appellate Review Of Refusals To Depart, David Yellen Oct 1988

Appellate Review Of Refusals To Depart, David Yellen

Articles

No abstract provided.


United They Stand Divided They Fall: Public Choice Theory And The Tax Code, Julie Roin Jan 1988

United They Stand Divided They Fall: Public Choice Theory And The Tax Code, Julie Roin

Articles

No abstract provided.