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Why It's Not Free Speech Versus Fair Trial, David A. Strauss Jan 1998

Why It's Not Free Speech Versus Fair Trial, David A. Strauss

Articles

No abstract provided.


Afterword Beyond Sexual Orientation In Queer Legal Theory: Majoritarianism, Multidimensionality, And Responsibility In Social Justice Scholarship Or Legal Scholars As Cultural Warriors, Francisco Valdes Jan 1998

Afterword Beyond Sexual Orientation In Queer Legal Theory: Majoritarianism, Multidimensionality, And Responsibility In Social Justice Scholarship Or Legal Scholars As Cultural Warriors, Francisco Valdes

Articles

No abstract provided.


Professionalisms, Richard A. Posner Jan 1998

Professionalisms, Richard A. Posner

Articles

No abstract provided.


The New Chicago School: Myth Or Reality?, Lisa Bernstein, Richard A. Epstein, Eric A. Posner, Randal C. Picker Jan 1998

The New Chicago School: Myth Or Reality?, Lisa Bernstein, Richard A. Epstein, Eric A. Posner, Randal C. Picker

Articles

No abstract provided.


How To Win The Trial Of The Century: The Ethics Of Lord Brougham And The O. J. Simpson Defense Team, Albert W. Alschuler Jan 1998

How To Win The Trial Of The Century: The Ethics Of Lord Brougham And The O. J. Simpson Defense Team, Albert W. Alschuler

Articles

No abstract provided.


Explaining The Public Wariness Of Juries, Albert W. Alschuler Jan 1998

Explaining The Public Wariness Of Juries, Albert W. Alschuler

Articles

No abstract provided.


Competition And Cooperation, Saul Levmore Jan 1998

Competition And Cooperation, Saul Levmore

Articles

No abstract provided.


Against Constitutional Theory, Richard A. Posner Jan 1998

Against Constitutional Theory, Richard A. Posner

Articles

In this Madison Lecture, Chief Judge Posner advocates a pragmatic approach to constitutional decisionmaking, criticizing constitutional theorists who conceal their normative goals in vague and unworkable principles of interpretation. After discussing specific constitutional theories as well as the legal academy's increasing reliance on theory in genera Posner demonstrates the ineffectuality of constitutional theory, using the Supreme Court's decisions in United States v. Virginia and Romer v. Evans as examples. He argues not that these cases were necessarily wrongly decided, but that the opinions lack the empirical support that is crucial to sound constitutional adjudication. Posner urges law professors to focus …


Incommensurability: Truth Or Consequences?, Brian Leiter Jan 1998

Incommensurability: Truth Or Consequences?, Brian Leiter

Articles

No abstract provided.


Sexual Dis-Orientation: Transgendered People And Same-Sex Marriage, Mary I. Coombs Jan 1998

Sexual Dis-Orientation: Transgendered People And Same-Sex Marriage, Mary I. Coombs

Articles

In this Article, Professor Coombs argues that the debate about same-sex marriage has wrongfully ignored transgendered people and their relationships. She provides an overview of arguments made by opponents of same-sex marriage, such as tradition, procreation, child-rearing, and family values. She then examines cases involving transsexual marriages and uses this analysis to deconstruct the same-sex marriage debate. Professor Coombs argues that an honest consideration of transgendered people and their relationships forces a re-evaluation of arguments against same-sex marriage and disrupts the gendered patriarchy on which traditional marriage rests. Marriage should be seen as a relationship between two people, regardless of …


Impeaching The President Essay, Cass R. Sunstein Jan 1998

Impeaching The President Essay, Cass R. Sunstein

Articles

No abstract provided.


Bad Incentives And Bad Institutions, Cass R. Sunstein Jan 1998

Bad Incentives And Bad Institutions, Cass R. Sunstein

Articles

No abstract provided.


The Internet And The Abiding Significance Of Territorial Sovereignty, Jack L. Goldsmith Jan 1998

The Internet And The Abiding Significance Of Territorial Sovereignty, Jack L. Goldsmith

Articles

No abstract provided.


Against Cyberanarchy, Jack L. Goldsmith Jan 1998

Against Cyberanarchy, Jack L. Goldsmith

Articles

No abstract provided.


Committed Partners And Inheritance: An Empirical Study, Mary Louise Fellows, Monica Kirkpatrick Johnson, Amy Chiericozzi, Ann Hale, Christopher Lee, Robin Preble, Michael Voran Jan 1998

Committed Partners And Inheritance: An Empirical Study, Mary Louise Fellows, Monica Kirkpatrick Johnson, Amy Chiericozzi, Ann Hale, Christopher Lee, Robin Preble, Michael Voran

Articles

There is widespread recognition that U.S. households have changed dramatically in the latter half of the twentieth century. 1 The changes include an increased number of blended families, 2 single-parent households, 3 and unmarried same-sex and opposite-sex committed couples, including some with children. 4 The transformation taking place in U.S. households implicates property law and vice versa. In recognition of the changing U.S. household and the symbiotic relationship between wealth transmission and family, we undertook an empirical study designed to assess public attitudes about the inclusion of surviving committed partners as heirs. This Article reports our findings.


An Analysis Of The Forty-Ninth Session Of The United Nations Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, David Weissbrodt, Shinobu Garrigues, Roman Kroke Jan 1998

An Analysis Of The Forty-Ninth Session Of The United Nations Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, David Weissbrodt, Shinobu Garrigues, Roman Kroke

Articles

The United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities convened its 49th Session from August 4 through August 29, 1997, in Geneva, Switzerland. 1 Under the authority of the U.N. Charter, the Economic and Social Council (ECOSOC) established the Sub-Commission in 1947 as a subsidiary body of the Commission on Human Rights. 2 ECOSOC also created two other sub-commissions at the same time, one to focus on women's rights 3 and the other to deal with freedom of information and freedom of the press. 4 The original mandate of the Sub-Commission was to recommend standards in pursuit …


Brief Summary Of The 50th Session Of The United Nations Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, David Weissbrodt, Mayra Gomez, Bret Thiele Jan 1998

Brief Summary Of The 50th Session Of The United Nations Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, David Weissbrodt, Mayra Gomez, Bret Thiele

Articles

The United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities (Sub-Commission) met in Geneva, Switzerland, from 3 to 28 August 1998 for its fiftieth session.' The Sub-Commission is a subsidiary body of the Commission on Human Rights (Commission). It is composed of 26 members who are nominated by their respective governments and elected to staggered four-year terms by the Commission. Under the principle of geographic distribution, the Sub-Commission has seven members from Africa, five from Latin America, five from Asia, three from Eastern Europe, and six from Western Europe and Other (including Australia, Canada, New Zealand, and the …


30 <= R(3,3,4) <= 31, Konrad Piwakowski, Stanislaw Radziszowski Jan 1998

30 <= R(3,3,4) <= 31, Konrad Piwakowski, Stanislaw Radziszowski

Articles

With the help of computer algorithms, we improve the upper bound on the classical three color Ramsey number R(3,3,4), and thus we show that the exact value of this number is 30 or 31. We also present computer enumeration of all 3-colorings of edges on at least 14 vertices without monochromatic triangles.


"We're All Stuck Here For A While": Law And The Social Construction Of The Black Male, D. Marvin Jones Jan 1998

"We're All Stuck Here For A While": Law And The Social Construction Of The Black Male, D. Marvin Jones

Articles

No abstract provided.


Upper Bounds For Some Ramsey Numbers R(3, K), Stanislaw Radziszowski, Donald Kreher Jan 1998

Upper Bounds For Some Ramsey Numbers R(3, K), Stanislaw Radziszowski, Donald Kreher

Articles

Using several computer algorithms we calculate some values and bounds for the function e(3, k, n), the minimum number of edges in a triangle-free graphs on n vertices with no independent set of size k. As a consequence, the following new upper bounds for the classical two color Ramsey numbers are obtained: R(3,10)<=43, R(3,11)<=51, R(3,12)<=60, R(3,13)<=69 and R(3,14)<=78.


The Empire Strikes Back, A. Michael Froomkin Jan 1998

The Empire Strikes Back, A. Michael Froomkin

Articles

No abstract provided.


Domestic Violence In Black And White: Racialized Gender Stereotypes In Gender Violence, Zanita E. Fenton Jan 1998

Domestic Violence In Black And White: Racialized Gender Stereotypes In Gender Violence, Zanita E. Fenton

Articles

No abstract provided.


A Populist Critique Of Direct Democracy, Sherman J. Clark Jan 1998

A Populist Critique Of Direct Democracy, Sherman J. Clark

Articles

It is often assumed that direct democratic processes - referenda and initiatives - offer the people a chance to speak more clearly than is possible through representative processes. Courts, commentators, and political leaders have defended or described direct democratic outcomes as the voice of the "people themselves." Because plebiscites allow the people to speak directly, without the potential distortion inherent in representation, they seem ideally responsive to popular will. Indeed, even critics of direct democracy appear to grant as much. Critics are quick to point out, of course, that actual plebiscites often fall far short of the ideal. Uneven voter …


Update: American Public Opinion On The Death Penalty - It's Getting Personal (Symposium: How The Death Penalty Works: Empirical Studies Of The Modern Capital Sentencing System), Samuel R. Gross Jan 1998

Update: American Public Opinion On The Death Penalty - It's Getting Personal (Symposium: How The Death Penalty Works: Empirical Studies Of The Modern Capital Sentencing System), Samuel R. Gross

Articles

Americans' views on capital punishment have stabilized. In 1994, when Professor Phoebe Ellsworth and I published a review of research on death penalty attitudes in the United States,' we began by noting that "support for the death penalty [is] at a near record high."'2 That finding, like most of the others we reported, has not changed. Nonetheless, it is interesting to pause and review the data on public opinion on the death penalty that have accumulated over the past several years. Stability is less dramatic than change but it may be equally important, and there is some news to report. …


Race Trials, Anthony V. Alfieri Jan 1998

Race Trials, Anthony V. Alfieri

Articles

No abstract provided.


The Chrysanthenum, The Sword, And The First Amendment: Disentangling Culture, Community, And Freedom Of Expression, Ronald J. Krotoszynski Jr. Jan 1998

The Chrysanthenum, The Sword, And The First Amendment: Disentangling Culture, Community, And Freedom Of Expression, Ronald J. Krotoszynski Jr.

Articles

No abstract provided.


Family Matters: Nonwaivable Conflicts Of Interest In Family Law Symposium: Should The Family Be Represented As An Entity, Steven H. Hobbs Jan 1998

Family Matters: Nonwaivable Conflicts Of Interest In Family Law Symposium: Should The Family Be Represented As An Entity, Steven H. Hobbs

Articles

No abstract provided.


1998 Hugo L. Black Lecture: Ten Arguments Against Affirmative Action--How Valid Lecture, Richard Delgado Jan 1998

1998 Hugo L. Black Lecture: Ten Arguments Against Affirmative Action--How Valid Lecture, Richard Delgado

Articles

No abstract provided.


A Critique Of The Proposed National Tobacco Resolution And A Suggested Alternative, Jon D. Hanson, Kyle D. Logue Jan 1998

A Critique Of The Proposed National Tobacco Resolution And A Suggested Alternative, Jon D. Hanson, Kyle D. Logue

Articles

The first criticism is that the proposed resolution would not require manufacturers and, in tum, consumers to pay anything approaching the true total costs of cigarettes, costs that we estimate to be at least $7 per pack, a number that is considerably higher than other estimates that have been reported in the media. Our estimate includes some, but not all, of the costs borne ultimately by smokers themselves, by smokers' insurers, and by individuals injured by second-hand smoke. It includes only future costs and excludes many of those. So, for example, the figure includes neither the health-care costs that have …


The Costs Of Cigarettes: The Economic Case For Ex Post Incentive-Based Regulation, Jon D. Hanson, Kyle D. Logue Jan 1998

The Costs Of Cigarettes: The Economic Case For Ex Post Incentive-Based Regulation, Jon D. Hanson, Kyle D. Logue

Articles

Cigarette smoking causes over 420,000 deaths annually in the United States, roughly twenty percent of all U.S. deaths, making cigarettes the single greatest preventable cause of death in this country. Indeed, tobacco kills more people every year than alcohol, illicit drugs, automobile accidents, violent crime, and AIDS combined. And not only are cigarettes deadly to smokers; they kill nonsmokers as well. According to a recent report from the Environmental Protection Agency (EPA), the "sidestream" or "passive" smoke from cigarettes - so-called environmental tobacco smoke (ETS) - is responsible annually for approximately 3000 lung cancer deaths, between 150,000 and 300,000 lower …