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Incommensurability And Valuation In Law, Cass R. Sunstein

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No abstract provided.

The Anticaste Principle, Cass R. Sunstein

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Marriage, Divorce, And The Family: A Cautionary Tale, Judith T. Younger

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Challenging The Autonomous Press (Book Review), Lili Levi

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Property And Pragmatism: A Critique Of Radin's Theory Of Property And Personhood, Stephen J. Schnably

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The Hard Case Of Broadcast Indecency, Lili Levi

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Whiteness And Women, In Practice And Theory: A Reply To Catharine Mackinnon, Martha R. Mahoney

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The Case Of The Speluncean Explorers: Contemporary Proceedings, Naomi R. Kahn, John O. Calmore, Mary I. Coombs, Dwight L. Greene, Geofrey C. Miller, Jeremy Paul, Laura W. Stein

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Imposition, Richard Delgado, Jean Stefancic

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Courts have been expressing exasperation with increasing frequency particularly in cases brought by prisoners minorities and other unpopular groups This article posits that the judiciary like society at large deploys the trope of imposition at key moments in the history of a reform movement to invalidate it and place it on the defensive At first society may tolerate or even support the reformers At some point however reaction sets in and we declare that we have done enough for them Now they are unreasonable the aggressors asking for things they do not deserve They are imposing on us and our …

Harry Edward's Nostalgia, Paul D. Reingold

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Until fairly recently, the work of people who thought and wrote about the law in its broadest cultural sense, and the work of those who thought and wrote about the law as it was practiced, did not intersect very much. The broad cultural issues tended to be the province of philosophers or political theorists or other academic social critics, while traditional legal scholarship - as it appeared in law school journals - remained firmly rooted in lawyers' questions. This is not to suggest that legal academics wrote nothing but practice manuals, but it is true that until the last twenty …

Darkness Made Visible: Law, Metaphor, And The Racial Self, D. Marvin Jones

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Delaware Fiduciary Duty Law After Qvc And Technicolor: A Unified Standard (And The End Of Revlon Duties?), Lawrence A. Cunningham, Charles M. Yablon

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The Delaware Supreme Court's decisions in QVC and Technicolor have redefined the analysis of directors' fiduciary duties in takeover situations by rejecting the fragmented approach of separate duties under Revlon, Unocal, and MacMillan. Instead, these rulings establish a unified standard that combines the duties of care and loyalty under a single obligation of good faith and fair dealing, requiring directors to make reasonably informed judgments. This approach applies enhanced scrutiny to decisions involving sales of control, defensive tactics, and other extraordinary events, ensuring that directors act in the best interests of shareholders while allowing flexibility in their decision-making processes.

James Madison And Public Choice At Gucci Gulch: A Procedural Defense Of Tax Expenditures And Tax Institutions, Edward A. Zelinsky

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Few academic doctrines can claim the intellectual and political success of tax expenditure analysis. In roughly a generation's time, Professor Surrey's procedural and substantive critique of tax subsidies has become entrenched in the law school curriculum and in legal scholarship. More impressively, the tax expenditure concept has been enshrined in federal law and become part of the daily discourse of the national budget process.

Comments On Mary Becker Ira C. Rothgerber Jr. Conference On Constitutional Law - Freedom Of Speech In A World Of Private Power, Richard Delgado

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Letter To Judge Harry Edwards, James J. White

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Dear Harry: I write to second your statements concerning the disjunction between legal education and the legal profession and also to quibble with you. By examining the faculty, the curriculum, and the research agenda at Michigan, your school and mine, I hope to illustrate the ways in which you are right and to suggest other ways in which you and your clerk informants may be too pessimistic.

Are Laws Against Assisted Suicide Unconstitutional?, Yale Kamisar

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On 15 February of this year, shortly after the number of people Dr. Jack Kevorkian had helped to commit suicide swelled to fifteen, the Michigan legislature passed a law, effective that very day, making assisted suicide a felony punishable by up to four years in prison. The law, which is automatically repealed six months after a newly established commission on death and dying recommends permanent legislation, prohibits anyone with knowledge that another person intends to commit suicide from "intentionally providing the physical means" by which the other person does so or from "intentionally participat[ing] in a physical act" by which …

The Romance Of Revenge: Capital Punishment In America, Samuel R. Gross

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On February 17, 1992, Jeffrey Dahmer was sentenced to 15 consecutive terms of life imprisonment for killing and dismembering 15 young men and boys (Associated Press 1992a). Dahmer had been arrested six months earlier, on July 22, 1991. On January 13 he pled guilty to the fifteen murder counts against him, leaving open only the issue of his sanity. Jury selection began two weeks later, and the trial proper started on January 30. The jury heard two weeks of testimony about murder, mutilation and necrophilia; they deliberated for 5 hours before finding that Dahmer was sane when he committed these …

On Telling Stories In School: A Reply To Farber And Sherry, Richard Delgado

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Scorn, Richard Delgado, Jean Stefancic

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This article reviews examples of scornful contemptuous belittling or sarcastic language by judges addressing litigants who are poor marginalized or seeking to redress unfamiliar injuries Often courts employ language of this sort when dismissing cases that strike them as offthewall or when imposing Rule 11 sanctions for claims that seem to them frivolous The authors develop a theory to understand and limit sarcasm and satire to situations that genuinely call for them

Rodrigo's Seventh Chronicle: Race, Democracy, And The State, Richard Delgado

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Considers how democracy and the state both sit at the root of racism and points out how this is a natural extension of Enlightenment principles Explores the link between freemarket politics individualist competitiveness and racism Suggests moving toward a collectivist form of social organization emphasizing love and human solidarity

Where Environmental Law And Biology Meet: Of Pandas' Thumbs, Statutory Sleepers, And Effective Law, William H. Rodgers, Jr.

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The purpose of this article is to introduce some of the recent findings of evolutionary biology to the legal community and to urge their consideration in developing a more effective law. As background, Part II of this article will present a brief evolutionary history of our own species.

Part III offers a primer on Darwin's theory of natural selection and the concept of adaptation, with special attention to the elaboration of altruism as it is known in modern biology. Part IV discusses maladaptation as a counterpoise to adaptation and underscores the notion with some stories from natural history on subjects …

Catharine's Wheel: Mackinnon's Pornography Analysis As A Return To Traditional Christian Sexual Theory, Jeanne L. Schroeder

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The article argues that Catharine MacKinnon's analysis of pornography and sexuality, while presented as radical feminist theory, ultimately incorporates traditional elements from Christian sexual theory and modern liberalism. MacKinnon's critique of pornography as a mechanism of gender subordination aligns with Augustine's view of sexuality as a loss of subjectivity, where involuntary sexual desire symbolizes the Fall's consequences. Despite her sociopolitical analysis, MacKinnon's failure to recognize these influences and her lack of a positive vision for female subjectivity limit her critique's transformative potential.

The Bar Against Challenges To Employment Discrimination Consent Decrees: A Public Choice Perspective, John O. Mcginnis

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The Belief/Conduct Paradigm In The Supreme Court's Free Exercise Jurisprudence: A Theological Account Of The Failure To Protect Religious Conduct, Marci A. Hamilton

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The 1991 Supreme Court Term: Review And Outlook, John O. Mcginnis

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The 1991 Supreme Court Term was the first during which justices originally appointed by Presidents Ronald Reagan and George Bush-Sandra Day O'Connor, Antonin Scalia, Anthony Kennedy, David Souter, and Clarence Thomas-constituted a majority. The term's main surprise, however, was that this majority of five-indeed, a majority of six when Chief Justice William Rehnquist, elevated to that position by President Reagan precisely because of his judicial philosophy, is included-did not forge a consistent jurisprudential majority characterized by the strict interpretative approach favored by their sponsoring presidents. While, generally speaking, the Court's decisions certainly continued to represent a departure from the expansive …

The Christian Novelist In An Age Of Transition: A Case Study, Eamon Maher

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At the present time in France, organized religion has largely lost its popular appeal. A centuries-old tradition of secularism has replaced God in the hearts of many. It is not therefore surprising that the 'Catholic novel' in its best-known form that of the thirties, when Bernanos and Mauriac wrote their greatest novels is no longer being written by contemporary novelists. That sort of novel simply does not reflect the current spiritual crisis in French society. But there are some writers, and Jean Sulivan (1913-1980 is a600g them, who do portray the human need of and quest for a divine presence …

The Taming Of The Shrew: The Liberal Attempt To Mainstream Radical Feminist Theory, Jeanne L. Schroeder

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The article critically examines the opposing views of Cass Sunstein and Catharine MacKinnon on pornography and its legal implications, highlighting their divergent definitions and approaches. Sunstein advocates for a narrow, violence-focused antipornography legislation, while MacKinnon pushes for a broader definition that encompasses gender subordination. The analysis reveals how Sunstein's critique of MacKinnon unintentionally weakens feminist challenges to masculinism by separating sexuality from power dynamics. MacKinnon's theory, rooted in a premodern Christian view of sexuality, posits that pornography constructs women as objects, reinforcing gender inequality. The article underscores the tension between legal reform and the deeper structural changes needed to address …

Subject: Object, Jeanne L. Schroeder

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The article explores the concept of objectivity in legal theory, examining its complexity and the various ways it is defined and applied. It critiques the left's tendency to associate objectivity with liberalism and masculinity, while highlighting the right's defense of subjectivity. The analysis emphasizes the need for a nuanced understanding of objectivity's forms and implications in legal discourse.

Bioethics And The Family: The Cautionary View From Family Law, Carl E. Schneider

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For many years, the field of bioethics has been specially concerned with how the authority to make medical decisions should be allocated between doctor and patient. Today the patient's power-indeed, the patient's right-is widely acknowledged, at least in principle. But this development can hardly be the last word in our thinking about how medical decisions should be made. For one thing, sometimes patients cannot speak for themselves. For another, patients· make medical decisions in contexts that significantly include more participants than just the patient and doctor. Now, as this conference demonstrates, bioethics is beginning to ask what role the patient's …

The Porcupine's Dilemma: Strategic And Psychological Uncertainty In The Face Of Global Warming, William H. Rodgers, Jr.

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No abstract provided.