Digital Commons Network^™

Probability And Proof In State V. Skipper: An Internet Exchange, Ronald J. Allen, David J. Balding, Peter Donnelly, Richard D. Friedman, David H. Kaye, Lewis Henry Larue, Roger C. Park, Bernard Robertson, Alexander Stein

Articles

This is not a conventional article. It is an edited version of messages sent to an Internet discussion list. The listings begin with the mention of a recent opinion of the Connecticut Supreme Court, parts of which are reproduced below. The listings soon move to broader issues concerning probability and other formal systems, their limitations, and their uses either in court or as devices for understanding legal proof.

Upward Contempt, William I. Miller

Articles

Contempt and shame go hand in hand. Actions that should shame us, styles of self-presentation that should humiliate us if we are socially competent enough to have such a purchase on ourselves, are those actions and styles that generate and justify the contempt of others for us. Or, changing the causal order: one's contempt of us will generate shame or humiliation in us if we concur with the judgment of our contemptibility, that is, if the contempt is justified, or indignation and even vengeful fury if it is unjustified. Contempt is thus a mechanism of ranking people or of contesting …

Gasshūkoku Ni Okeru Hōgakkai To Hōjitsumukai [The Worlds Of Academics And Legal Practice In The United States], Daniel H. Foote

Articles

I prepared this paper for a symposium entitled, "Academics and Practitioners in Japan and the United States: Can the Two Worlds Ever Meet?" When I saw the symposium title, my first reaction was that it might seem strange to ask whether the worlds of academics and legal practice can ever meet in the United States. After all, to a large degree the history of the law school in the United States has been that of an institution dedicated to the training of legal practitioners; the vast majority of US law professors are members of the bar; and many, if not …

Deception, Self-Deception, And Mythology: The Law Of Salmon In The Pacific Northwest, William H. Rodgers, Jr.

Articles

This paper will present a Puritan Model of the Law of Lies, which is a prominent (but by no means only) model observable in U.S. law. We will then turn to the underpinnings in evolutionary theory of deception and self-deception. We will next apply these concepts to the worlds of salmon law and policymaking, which are marked conspicuously by evidences of deceit. Some conclusions will be offered on how deceit and self-deception are addressed in the law. We will conclude with some distinctions between the laws of deception and self-deception.

For the most part, our deceptions are governed by the …

Children's Task Force Reports, Donald N. Duquette, Cd Stephens

Articles

When the public thinks of children and the law, high-visibility cases like Baby Jessica and Baby Richard come to mind. The human drama of a small child caught up in a titanic custody struggle attracts unrelenting media attention and triggers cries for law reform. Yet for every Baby Jessica and Baby Richard, thousands of children pass through our courts with little public attention but with consequences to them just as momentous and life altering as those cases featured on the national news shows. In 1991 State Bar of Michigan leadership began to ask whether our profession and Michigan's courts are …

The Market For Loyalties: Electronic Media And The Global Competition For Allegiances, Monroe E. Price

Articles

The article critiques the traditional "marketplace of ideas" metaphor in First Amendment jurisprudence and proposes a more accurate framework: the "market for loyalties." This model highlights how powerful entities, including governments and private actors, use communication regulation to shape identities and allegiances. The First Amendment, under this interpretation, functions as a regulatory allocation among these entities rather than a guarantee of unfettered speech. The rise of global communication technologies and competing loyalties challenges the nation-state's ability to control this market, reshaping the role of law and governance in identity formation.

On The Efficiency Of Secured Lending, David G. Carlson

Articles

The article challenges the Law and Economics movement's assertion that secured lending is inefficient, arguing instead that it can be efficient by reducing risk and lowering the cost of credit. Carlson contests the movement's reliance on outdated theories like the Modigliani-Miller model, which he believes fails to account for real-world factors such as time and risk. He posits that secured lending can prevent debtor misbehavior, thereby making credit more accessible and reducing risks for creditors.

Jurisprudence And Personality In The Work Of John Rawls, David G. Carlson

Articles

The article argues that John Rawls's concept of the person undergoes a significant shift between A Theory of Justice and Political Liberalism, necessitating a corresponding change in jurisprudence. In A Theory of Justice, Rawls employs a "correlative jurisprudence," where law is determinate, complete, and judges merely apply existing law. This approach is tied to a narrow, passive view of personality, treating individuals as mere loci of liberty and rights. In contrast, Political Liberalism presents a dynamic, contradictory conception of the person as a union of moral capacity and a determinate conception of the good. This shift, the article contends, requires …

On The Contribution Of Baseball To American Legal Theory, Charles M. Yablon

Articles

The article explores the influence of baseball on American legal theory, arguing that baseball's rules and traditions have significantly shaped legal thought. It posits that baseball's structured yet flexible system, which acknowledges both luck and skill, offers valuable insights into legal principles and methodologies. The author contends that legal scholars have drawn parallels between baseball and law, leading to new perspectives in jurisprudence.

Bioethics With A Human Face, Carl E. Schneider

Articles

This Article and the successor article I will shortly publish grow out of one reaction I have had to years of reading bioethical and legal literature. Let me begin by putting the point in its simplest, even crudest, form: That literature too often discusses the problems of health care in so disembodied and denatured a way that the patients and physicians, the family and friends, the dread and the disease are quite abstracted from the scene. The result is a literature that critically limits itself and that crucially oversimplifies the issues it confronts. There are, of course, reasons bioethical and …

The First Amendment's Challenge Function And The Confusion In The Supreme Court's Contemporary Free Exercise Jurisprudence, Marci A. Hamilton

Articles

No abstract provided.

Discussion And Decisions: A Proposal To Replace The Myth Of Self-Rule With An Attorneyship Model Of Representation, Marci A. Hamilton

Articles

The traditional model used by legal scholars to describe our system of representative democracy seeks to justify representation as a fulfillment of the self-rule ideal Many scholars, however, have argued that certain features of the modem legislative process undermine self-rule, and have proposed means by which judicial review can correct legislative failures and restore self-rule to primacy. Drawing on German philosopher Carl Schmitt's critique of parliamentary democracy in Weimar Germany, Professor Hamilton posits that scholarly attempts to reconcile self-rule with representative democracy are misguided. Representation based on self-rule will inevitably lead to interest-group politics, resulting in meaningless and endless debate …

Nations Without States, Gidon A. G. Gottlieb

Articles

No abstract provided.

Marriage, Morals, And The Law: No-Fault Divorce And Moral Discourse, Carl E. Schneider

Articles

In this Essay, I want to reflect on no fault-divorce and the social attitudes that underlie it. In particular, I want to consider that reform in light of an article I wrote some years ago entitled Moral Discourse and the Transformation of American Family Law. There I argued that in recent years the language of American family law has changed notably: today family law issues are decreasingly discussed in the language of morality. In other words, legal institutions have decreasingly talked about those issues in moral terms. Rather, they have tended to avoid handling some moral issues altogether-often by …

The Psychological Consequence Of A Bypass Operation: All Of The Things About A Heart Bypass Operation That Your Physicians Were Too Busy To Tell You!, Morton Isaacs

Articles

No abstract provided.

Practicing Community (Book Review), Anthony V. Alfieri

Articles

No abstract provided.

Family Law And The Pursuit Of Intimacy, Monique C. Lillard

Articles

No abstract provided.

Reproductive Hazards After Johnson Controls, Mary E. Becker

Articles

No abstract provided.

Interdependence And Choice In Distributive Justice: The Welfare Conundrum, Lee Anne Fennell

Articles

This Article presents a theoretical model for analyzing welfare policy choices, a model that seeks both to explain the puzzling persistence of welfare in the face of widespread dissatisfaction with it, and to provide a reasoned basis for making more satisfactory policy choices. Drawing on game theory, the author postulates that the poor and the nonpoor are faced with a strategic dilemma as a result of their shared stake in the alleviation of poverty. The author's analysis of this dilemma suggests that the nonpoor react rationally by providing assistance to the poor, but that they are dissatisfied with this outcome …

Standing Firm, On Forbidden Grounds, Richard A. Epstein

Articles

No abstract provided.

Epstein On His Own Grounds, Richard H. Mcadams

Articles

Forbidden Grounds fails to follow through on its own terms. Epstein invokes Thomas Hobbes but never considers the Hobbesian argument for Title VII; employs economic analysis without disclosing its dependence on controversial empirical assumptions; and makes empirical claims, particularly about social norms, without applying the standards of criticism to supporting evidence that he applies to contrary evidence.

No Time For Trumpets: Title Vii, Equality, And The Fin De Siecle, D. Marvin Jones

Articles

No abstract provided.

Unemployment Insurance: American Social Wage, Labor Organization And Legal Ideology, Kenneth M. Casebeer

Articles

No abstract provided.

Homosexuality And The Constitution, Cass R. Sunstein

Articles

No abstract provided.

Strength In Diversity: Feminist Theoretical Approaches To Child Custody And Same-Sex Relationships, Mary E. Becker

Articles

No abstract provided.

Habermas And The Public Sphere By Craig Calhoun (Book Review), David Abraham

Articles

No abstract provided.

Rodrigo's Ninth Chronicle: Race, Legal Instrumentalism, And The Rule Of Law, Richard Delgado

Articles

No abstract provided.

Stark Karst 1995 Survey Of Books Relating To The Law: Law And Equality, Richard Delgado

Articles

No abstract provided.

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

Articles

No abstract provided.

Character Impeachment Evidence: The Asymmetrical Interaction Between Personality And Situation, Richard D. Friedman

Articles

In Part I of this Comment, I present a short version of my argument against the admissibility of character impeachment evidence of criminal defendants, showing how the key elements ofthis argument are present in Professor Uviller's own Article. In Part II, I suggest that, notwithstanding Professor Uviller's comments to the contrary, an asymmetrical result-never admitting character evidence to impeach criminal defendants but admitting such evidence in some circumstances to impeach other witnesses- is perfectly reasonable. Finally, in Part III, I contend that Professor Uviller's interesting judicial surveys support the solution I have proposed for the problem of character impeachment evidence.