Digital Commons Network^™

Status Signaling And The Law, With Particular Application To Sexual Harassment, Richard A. Posner, Gertrud M. Fremling

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No abstract provided.

Is Cooperation Possible?, Diane P. Wood

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No abstract provided.

Street Children: A Comparative Perspective, Kevin Lalor

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Objective: This paper examines the findings from recent studies of street children in Ethiopia. Methods: Following a discussion of the term “street children,” comparisons are drawn between Latin American and Ethiopian street children in terms of gender, age, reasons for going to the streets, family relations and structure, delinquency, drug use, groups and the outcomes of street life. In particular, the victimisation of street children in Ethiopia is examined. Results: Widespread abuse of street children was reported. More than half of the street boys questioned reported being “regularly” physically attacked. Street life is also highly victimogenic for street girls. Sexual …

(Er)Race-Ing An Ethic Of Justice, Anthony V. Alfieri

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No abstract provided.

From Consumer Sovereignty To Cost-Benefit Analysis: An Incompletely Theorized Agreement, Cass R. Sunstein

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No abstract provided.

Is The Clean Air Act Unconstitutional?, Cass R. Sunstein

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No abstract provided.

Liberty, Patriarchy, And Feminism, Richard A. Epstein

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No abstract provided.

Researching Labor Arbitration And Alternative Dispute Resolution In Employment, Suzanne Thorpe, Laura J. Cooper

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What kinds of information can we expect to find when doing research in alternative dispute resolution? To the extent that ordinary issues of law arise when considering methods of alternative dispute resolution, such as whether an agreement to arbitrate is judicially enforceable or whether communications in the course of mediation enjoy an evidentiary privilege, ordinary sources of legal research remain appropriate. This research guide generally does not describe those research

The Ada In Turmoil: Judicial Dissonance, The Supreme Court's Response, And The Future Of Disability Discrimination Law, Stephen F. Befort, Holly Lindquist Thomas

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The Americans with Disabilities Act (ADA) 1 was enacted in 1990 with considerable fanfare and support. A broad-based coalition of supporters testified in favor of the legislation before committee hearings 2 and both houses of Congress passed the legislation by wide margins. 3 President George Bush, in signing the ADA into law, described the new statute as "an historic opportunity" 4 representing "the full flowering of our democratic principles." 5

American Prisons At The Beginning Of The Twenty-First Century, Michael Tonry, Joan Petersilia

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No abstract provided.

More Light Thoughts And Night Thoughts On The American Family, Judith T. Younger

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No abstract provided.

The Transformation Of The Juvenile Court--Part Ii: Social Structure, Race, And The "Crack Down" On Youth Crime, Barry C. Feld

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Part I briefly analyzes the social history of the juvenile court and argues that the progressive reformers who created the juvenile court designed it to discriminate against "other peoples' children," a feature that carries over into contemporary juvenile justice administration. Part II analyzes the "constitutional domestication" of the juvenile court. It places the U.S. Supreme Court's juvenile court "due process" decisions in a broader social structural context and argues that the Court emphasized procedural safeguards as part of its broader agenda to protect the civil rights and liberty interests of minorities. Part III analyzes the impact of the juvenile court's …

Beyond The Formalism Debate: Expert Reasoning, Fuzzy Logic, And Complex Statutes, Edward Adams, Daniel Farber

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Formalists and antiformalists continue to debate the utility of using legislative history and current social values to interpret statutes. Lost in the debate, however, is a clear model of how judges actually make decisions. Rather than focusing on complex problems presented by actual judicial decisions, formalists and antiformalists concentrate on stylized examples of simple statutes.In this Article, Professors Adams and Farber construct a more functional model of judicial decisionmaking by focusing on complex problems. They use cognitive psychological research on expert reasoning and techniques from an emerging area in the field of artificial intelligence, fuzzy logic, to construct their model. …

Economics V. Equity: Do Market-Based Environmental Reforms Exacerbate Environmental Injustice?, Stephen M. Johnson

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For almost three decades, the federal government and state governments have addressed environmental problems primarily through "command and control" regulation. Under this traditional approach, the federal government establishes uniform national pollution limits ("command") that the federal or state governments impose on individual polluters through a system of permits or other controls. However, as the command and control approach has eliminated many of the most prolific sources of pollution, the incremental cost of cleaning up the remaining pollution has risen dramatically, and command and control regulation has become politically less attractive. In addition, command and control regulation may be too rigid …

Prosecuting Race, Anthony V. Alfieri

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Theoreticians and practitioners in the American criminal justice system increasingly debate the role of racial identity, racialized narratives, and race-neutral representation in law, lawyering, and ethics.

This debate holds special bearing on the growing prosecution and defense of acts of racially motivated violence. In this continuing investigation of the prosecution and defense of such violence, Professor Alfieri examines the recent federal prosecution of five white New York City police officers charged with assaulting Abner Louima, a young male Haitian immigrant, in 1997. Professor Alfieri presents a race conscious, community-oriented model of prosecutorial discretion guided by constitutional precepts, citizenship ideals, professionalism …

Comparative Corporate Governance And The Theory Of The Firm: The Case Against Global Cross Reference, William Wilson Bratton, Joseph K. Mccahery

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Professors Bratton and McCahery take up the main questions addressed by the literature on comparative corporate governance: whether national governance systems can be expected to converge in the near future, and whether the focal point of that convergence will be a new, hybrid governance system comprised of the best practices drawn from different systems. This Article advances the view that neither global convergence that eliminates systemic differences nor the emergence of a hybrid best practice safely can be projected because each national governance system is a system to a significant extent. Each system, rather than consisting of a loose collection …

Mirrored Silence: Reflections On Judicial Complicity In Private Violence, Zanita E. Fenton

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Tracy and John had been married for seven years. They were so in love when they met at college. He brought her flowers and wanted to spend all of his free time with her. Everything was perfect. But it seemed to become increasingly tumultuous as soon as they got married, two years later. He didn't just want to spend all of his time with her; he had to know what she was doing every waking moment of the day. He had to approve of her activities and her friends. He called her at work every day. If she wasn't at …

Near Misses, William I. Miller

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I was recently invited to give a keynote address for a small academic conference whose advertised theme was "Near Misses, Contingencies, and Histories." I have a rough and ready understanding of the near miss, the same kind of understanding we have of most words and phrases that spill out effortlessly in normal conversation. I use it and have heard it used by myriad others to describe a certain style of disappointment and regret. It is a concept generally available to us all, but when coupled with contingencies and histories, as in the title of the conference with its vague suggestions …

Sincere And Strategic Voting Norms On Multimember Courts, Evan H. Caminker

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In appellate adjudication, decisions are rendered by a multimember court as a collective entity, not by individual judges. Yet legal scholars have only just begun to explore the formal and informal processes by which individual votes are transformed into a collective judgment.' In particular, they have paid insufficient attention to the ways in which the vote of each individual judge is influenced by the views of her colleagues on a multimember court.

Narrative Relevance, Imagined Juries, And A Supreme Court Inspired Agenda For Jury Research, Richard O. Lempert

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This paper has its roots in Old Chief v. United States, a case the Supreme Court of the United States decided in 1997. I will begin by describing this case; then comment on its implications for the Supreme Court's conception of the jury, and conclude by examining the agenda one may draw from it for empirical jury research. Old Chief arose when Johnny Lynn Old Chief was charged not only with assault with a dangerous weapon and using a firearm in the commission of a crime of violence, but also with violating a law that precludes convicted felons from possessing …

Title Vii And Homosexual Harassment After Oncale: Was It A Victory?, Mary I. Coombs

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No abstract provided.

Steel Company V. Citizens For A Better Environment Annual Review Of Environmental And Natural Resources Law: Domestic Law: Constitutional Law Standing, Heather Elliott

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No abstract provided.

The New Legal Process: Games People Play And The Quest For Legitimate Judicial Decision Making, Ronald J. Krotoszynski Jr.

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No abstract provided.

Goodbye To Hammurabi: Analyzing The Atavistic Appeal Of Restorative Justice Prosecuting Violence: A Colloquy On Race, Community, And Justice, Richard Delgado

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No abstract provided.

Sticks And Stones, Phoebe C. Ellsworth

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I believe that research should be refuted by research. More and more of our scarce journal space is being taken up by attacks, rebuttals, and rebuttals to the rebuttals, often ending with a whimper of recognition that the adversaries were not so very far apart to begin with, and that the only way (if possible) to resolve the disagreement is through empirical research. Communication of scientific disagreement does not require a published article. Grant proposals and manuscripts submitted to refereed journals like this one are sent out to reviewers, who provide written evaluations that are communicated to the author. Papers …

The Cutting Edge Of Poster Law, Michael A. Heller

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Students place tens of thousands of posters around law schools each year in staircases, on walls, and on bulletin boards. Rarely, however, do formal disputes about postering arise. Students know how far to go-and go no farther despite numerous avenues for postering deviance: blizzarding, megasigns, commercial or scurrilous signs. What is the history of poster law? What are its norms and rules, privileges and procedures? Is poster law effident? Is it just?

A Child's Right To Physical Integrity, Suellyn Scarnecchia

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As we wring our hands over increasing reports of severe child abuse and how violent many of our children have become, it might be time to reassess policies that give parents and others the license to use even the most mild forms of violence against our children.

Jury Reform At The End Of The Century: Real Agreement, Real Changes, Phoebe C. Ellsworth

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Complaints about the jury system and calls for its reform are nothing new-they have probably existed as long as the jury system itself. Warren Burger called for the reform of the civil jury in 1971'; in 1905 William Howard Taft decried the contemporary tendency "to exalt the jury's power beyond anything which is wise or prudent .... ,2 Judges complain to judges, lawyers complain to lawyers, legal academics write articles about the jury for other legal academics, social scientists report their research on juries to other social scientists, and the jurors themselves go home and express their exasperation to their …

Family Law And Gay And Lesbian Family Issues In The Twentieth Century, David L. Chambers, Nancy D. Polikoff

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Over these thirty years, lesbians and gay men have increasingly challenged conventional definitions of marriage and the family. In this brief article, we tell the story of gay people and family law in the United States across this period. We divide our discussion into two sections: issues regarding the recognition of the same-sex couple relationship and issues regarding gay men and lesbians as parents. These issues overlap, of course, but since family law discussions commonly treat adult-adult issues of all sorts separately from parent-child issues, we believe it convenient and helpful to do so as well.

Enhancing Autonomy For Battered Women: Lessons From Navajo Peacemaking, Donna Coker

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In this Article, Professor Donna Coker employs original empirical research to investigate the use of Navajo Peacemaking in cases involving domestic violence. Her analysis includes an examination of Navajo women's status and the impact of internal colonization. Many advocates for battered women worry that informal adjudication methods such as Peacemaking ignore domestic hierarchies of power and thus facilitate the batterer's ongoing violence against the victim. Those who endorse the use of Navajo Peacemaking and other systems of restorative justice believe that such processes are better equipped to cut through the batterer's denial and victim blaming and are more likely to …