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Youth Violence In America, Mark H. Moore, Michael Tonry Jan 1998

Youth Violence In America, Mark H. Moore, Michael Tonry

Articles

No abstract provided.


The Stein Years--A Time Of Advancement And Prosperity, Edward S. Adams Jan 1998

The Stein Years--A Time Of Advancement And Prosperity, Edward S. Adams

Articles

When the seven-year administrationof the school's sixth dean,CarlA Auerbach,ended,thenewLawSchoolbuildinghad become a reality, and Dean Auerbach's principal goal was achieved. As Auerbachpassedthe torchto RobertA Stein, how- ever, he did so amid controversy and widespreadfrustration at the Law School with the legislatureregardingbudgets and class size. Stein,atageforty,wasyoung,energetic,andableto achieve the balanceofwhatDeanAuerbach termed "scholarlyattainment with administrativesavvy." As Stein ascended to the ranks of what he describedas "thebest law school deanshipopportunity in the country,"' he was unanimously viewed as an "extremely ener- getic, enthusiasticand responsive man. 2 Chosen because he was perceived by both faculty members and administratorsalike as an open, easygoingperson who was able to …


"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.


Strategies For Evaluating Software Usability, Ronan Fitzpatrick Jan 1998

Strategies For Evaluating Software Usability, Ronan Fitzpatrick

Articles

This paper presents a usage analysis and taxonomy of methods which are used to evaluate the usability of computer systems. To accommodate the analysis and taxonomy, a matrix of strategies which can be used for effective usability evaluation is presented. Such an analysis, taxonomy and strategies support human-computer interaction (HCI) professionals who have the responsibility for ensuring computer system usability. The strategies outlined are named Virtual Engineering, Soft Modelling, Hard Review and Real World. This paper also uses a composite set of existing popular generic evaluation methods which can be used as part of these strategies. The methods used are …


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.


The Death Of A Friendly Critic, James J. White Jan 1998

The Death Of A Friendly Critic, James J. White

Articles

Our colleague, Andy Watson, died April 2. Andy was one of the handful of preeminent law professor/psychiatrists. In that role he wrote dozens of articles and several important books, including Psychiatry for Lawyers, a widely used text. I do not write to remind us of his scholarly work, of his strength as a clinical and classroom teacher, or of his prominence as a forensic psychiatrist. I write to remind us of his powerful criticism of our teaching. On the occasion of his death, it is right to recognize his influence on the law school curriculum and to consider whether his …


Talking About Religion In The Language Of The Law: Impossible But Necessary, James Boyd White Jan 1998

Talking About Religion In The Language Of The Law: Impossible But Necessary, James Boyd White

Articles

In speaking to this conference about religion and law I am in a decidedly peculiar position, for it may be that every one of you has thought longer and harder about the relation between these two forms of life than I have. When Scott Idleman first asked me to talk to you, I explained that I was no expert, to put it mildly, and that the most that I could offer would be the reflections of a neophyte. He said that this was fine-perhaps he was just desperate for a speaker; perhaps he thought that it might be helpful to …


Establishing Deliberative Democracy: Moving From Misery To Poverty With Dignity, Irwin P. Stotzky Jan 1998

Establishing Deliberative Democracy: Moving From Misery To Poverty With Dignity, Irwin P. Stotzky

Articles

No abstract provided.


Capital Jury And Absolution: The Intersection Of Trial Strategy Remorse And The Death Penalty, Scott E. Sundby Jan 1998

Capital Jury And Absolution: The Intersection Of Trial Strategy Remorse And The Death Penalty, Scott E. Sundby

Articles

No abstract provided.


Thoughts From Across The Water On Hearsay And Confrontation, Richard D. Friedman Jan 1998

Thoughts From Across The Water On Hearsay And Confrontation, Richard D. Friedman

Articles

This article draws on the history of the hearsay rule, and on recent decisions of the European Court of Human Rights, to argue that the right to confrontation should be recognised as a basic principle of the law of evidence, and that aspects of the Law Commission's proposals for reform of the hearsay rule, and of the Home Office's proposals for restrictions on the right of cross-examination, are therefore unsatisfactory.


Why Do Juries Get A Bum Rap: Reflections On The Work Of Valerie Hans, Richard O. Lempert Jan 1998

Why Do Juries Get A Bum Rap: Reflections On The Work Of Valerie Hans, Richard O. Lempert

Articles

The paper by Professor Valerie Hans that I have been asked to comment on examines the widespread expectation that jurors are prepared to hold businesses responsible in tort actions when they would not hold individual actors similarly responsible.1 Two reasons are commonly offered for this expectation. The first is that jurors naturally sympathize with individuals (like themselves) when people sue businesses, either because they identify with the plaintiffs as individuals or because they hold antibusiness attitudes. The second is that because businesses are often wealthy, a "deep pockets" effect exists such that jurors in negligence cases will find for undeserving …


Ann Arbor, December 1997, William I. Miller Jan 1998

Ann Arbor, December 1997, William I. Miller

Articles

In a journal entry from Dec 1997, Miller describes his daily thoughts and activities. He recalls watching "Beauty and the Beast," contemplating his views on sex and being sick during the Christmas season.


Make-Believe: The Rules Excluding Evidence Of Character And Liability Insurance (Symposium: Truth And Its Rivals: Evidence Reform And The Goals Of Evidence Law), Samuel R. Gross Jan 1998

Make-Believe: The Rules Excluding Evidence Of Character And Liability Insurance (Symposium: Truth And Its Rivals: Evidence Reform And The Goals Of Evidence Law), Samuel R. Gross

Articles

Article IV of the Federal Rules of Evidence includes several rules that prohibit the use of specified types of information as evidence of particular propositions. Subsequent remedial measures are inadmissible to prove negligence (but admissible to show ownership, control, et cetera),' settlement offers are inadmissible to prove liability (but admissible to show bias or prejudice, or for other purposes),2 and so forth. Any exclusion of relevant evidence involves some distortion of reality in the sense that the picture presented to the trier of fact includes less information than the available total. That will be true whether the evidence is kept …


Truth And Its Rivals In The Law Of Hearsay And Confrontation (Symposium: Truth And Its Rivals: Evidence Reform And The Goals Of Evidence Law)." , Richard D. Friedman Jan 1998

Truth And Its Rivals In The Law Of Hearsay And Confrontation (Symposium: Truth And Its Rivals: Evidence Reform And The Goals Of Evidence Law)." , Richard D. Friedman

Articles

In this paper, I will look at the problem of hearsay and confrontation through the lens offered by this symposium's theme of "truth and its rivals." I will ask: To what extent does the law of hearsay and confrontation aspire to achieve the goal of truth in litigation? To what extent does it, or should it, seek to achieve other goals, or to satisfy other constraints on the litigation system? And, given the ends that it seeks to achieve, what should the shape of the law in this area be? My principal conclusions are as follows: In most settings, the …


An Economic Analysis Of Intellectual Property Rights: Justifications And Problems Of Exclusive Rights, Incentives To Generate Information, And The Alternative Of A Government Run Reward System, Steve Calandrillo Jan 1998

An Economic Analysis Of Intellectual Property Rights: Justifications And Problems Of Exclusive Rights, Incentives To Generate Information, And The Alternative Of A Government Run Reward System, Steve Calandrillo

Articles

This article examines and questions the traditional justifications for intellectual property (I.P.) rights in America (focusing on copyright and patent law), and explores incentives necessary to induce the creation of these works of information. I conclude that changes are needed to I.P. law in order to best foster society's dual goals of 1) promoting incentives to create I.P. works (such as currently patented drugs), while also 2) maximizing distribution of those products to all consumers who would stand to gain (and not merely those who can afford the monopoly price charged). Hence, I suggest the creation of a Government-Run Reward …


Yearning For Lake Wobegon: The Quest For The Best Test At The Expense Of The Best Education, Lisa Kelly Jan 1998

Yearning For Lake Wobegon: The Quest For The Best Test At The Expense Of The Best Education, Lisa Kelly

Articles

This article first will outline the various tests or assessments. Next, recent federal and state mandates for standardized testing of elementary school children will be examined. Then, the educational literature will be reviewed to expose the dangers of testing, particularly in the early grades. Finally, I will urge that the Clinton administration, Congress, and the states step back from this manner of securing educational adequacy. These governmental policies are rooted in the stated intention of guaranteeing that all schools are doing right by all of the children. However, early testing fosters the opposite result-educational inequity through tracking, retention, and the …


Child Sexual Abuse In Ireland: An Historical And Anthropological Note, Kevin Lalor Jan 1998

Child Sexual Abuse In Ireland: An Historical And Anthropological Note, Kevin Lalor

Articles

Child sexual abuse in Ireland has entered the public domain only in the last twenty years. This process was accelerated by a number of high profile cases which became public in the mid 1990s. Prior to the recent past, few references to child sexual abuse in Ireland exist. The first written evidence is found in the Penitentials of the early Christian period. Penance is specified for those that “misuse” children. Mention of adult child sexual relations is also found in the Brehon law texts. Historians, sociologists and anthropologists of childhood suggest that patterns of child rearing vary across time and …


Latino And Latina Critical Theory: An Annotated Bibliography Latcrit: Latinas/Os And The Law: A Joint Symposium By California Law Review And La Raza Law Journal: Policy, Politics, And Praxis, Jean Stefancic Jan 1998

Latino And Latina Critical Theory: An Annotated Bibliography Latcrit: Latinas/Os And The Law: A Joint Symposium By California Law Review And La Raza Law Journal: Policy, Politics, And Praxis, Jean Stefancic

Articles

No abstract provided.


Rodrigo's Roadmap: Is The Marketplace Theory For Eradicating Discrimination A Blind Alley, Richard Delgado Jan 1998

Rodrigo's Roadmap: Is The Marketplace Theory For Eradicating Discrimination A Blind Alley, Richard Delgado

Articles

No abstract provided.


Should There Be Homosexual Marriage? Is So, Who Should Decide? (Reviewing William N. Eskridge, Jr., The Case For Same-Sex Marriage: From Sexual Liberty To Civilized Commitment (1996)), Richard A. Posner May 1997

Should There Be Homosexual Marriage? Is So, Who Should Decide? (Reviewing William N. Eskridge, Jr., The Case For Same-Sex Marriage: From Sexual Liberty To Civilized Commitment (1996)), Richard A. Posner

Articles

No abstract provided.


Book Review (Reviewing William N. Eskridge, The Case For Same-Sex Marriage: From Sexual Liberty To Civilized Commitment (1996)), Richard A. Posner May 1997

Book Review (Reviewing William N. Eskridge, The Case For Same-Sex Marriage: From Sexual Liberty To Civilized Commitment (1996)), Richard A. Posner

Articles

No abstract provided.


The Liberty Dimension Of Historic And Contemporary Segregation, James W. Nickel May 1997

The Liberty Dimension Of Historic And Contemporary Segregation, James W. Nickel

Articles

No abstract provided.


Mediation: The Romantic Days Continue, Lela P. Love May 1997

Mediation: The Romantic Days Continue, Lela P. Love

Articles

No abstract provided.


Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri Jan 1997

Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri

Articles

No abstract provided.


Toward The Making Of Good Lawyers: How An Appellate Clinic Satisfies The Professional Objectives Of The Maccrate Report, Maureen Laflin Jan 1997

Toward The Making Of Good Lawyers: How An Appellate Clinic Satisfies The Professional Objectives Of The Maccrate Report, Maureen Laflin

Articles

No abstract provided.


Subrogation And Insurance, With Especial Reference To The Tobacco Litigation, Richard A. Epstein Jan 1997

Subrogation And Insurance, With Especial Reference To The Tobacco Litigation, Richard A. Epstein

Articles

No abstract provided.


The Epistemology Of Admissibility: Why Even Good Philosophy Of Science Would Not Make For Good Philosophy Of Evidence, Brian Leiter Jan 1997

The Epistemology Of Admissibility: Why Even Good Philosophy Of Science Would Not Make For Good Philosophy Of Evidence, Brian Leiter

Articles

No abstract provided.


Is Tobacco A Drug? - Administrative Agencies As Common Law Courts Regulations, Cass R. Sunstein Jan 1997

Is Tobacco A Drug? - Administrative Agencies As Common Law Courts Regulations, Cass R. Sunstein

Articles

Professor Cass Sunstein argues that the FDA has the authority to regulate tobacco products. He considers the text of the Federal Food, Drug, and Cosmetic Act, which supports the FDA assertion, and the context of its enactment, which argues against the FDA. He resolves the tension between text and context in favor of FDA jurisdiction by turning to the emerging role of administrative agencies. In modem government, he contends, administrative agencies have become America's common law courts, with the power to adapt statutory regimes to new facts and new values when the underlying statute is ambiguous. Professor Sunstein's Article, like …


Foreword: Holmes, Richard A. Posner Jan 1997

Foreword: Holmes, Richard A. Posner

Articles

No abstract provided.


Why Quine Is Not A Postmodernist, Brian Leiter Jan 1997

Why Quine Is Not A Postmodernist, Brian Leiter

Articles

No abstract provided.