Digital Commons Network^™

Philistinism In Law, Richard A. Posner

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No abstract provided.

The Future Of Law And Economics: A Comment On Ellickson, Richard A. Posner

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No abstract provided.

Discriminatory Intent And The Taming Of Brown, David A. Strauss

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No abstract provided.

The Right To Counsel In Juvenile Court: An Empirical Study Of When Lawyers Appear And The Difference They Make, Barry C. Feld

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No abstract provided.

Bad Law Makes Hard Cases: Reflections On Teen-Aged Axe-Murderers, Judicial Activism, And Legislative Default, Barry C. Feld

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Waiver legislation in Minnesota, as in most other States, typically requires juvenile court judges to make individualized determinations as to a juvenile's amenability to treatment and danger to society as the basis for deciding whether to transfer the juvenile to adult court for disposition. Disposition in adult court allows for a more severe sanction than that permitted under the maximum sentence that can be dispensed in juvenile court. The difficulty and disparity in applying this waiver law lies in the discretion given to juvenile justice judges and the diverse criteria applied in judicial decisionmaking, both in the juvenile court and …

Response Latencies In A Word Association Test: A New Measuring Method And Its Results, Morton Isaacs

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Recording of response delay to stimuli in a word association task to measure emotionality of the stimulus to the subject goes back to Jung (1910) but is still used quite often (Pollio, 1966). However, the measuring methods and devices have been relatively crude, yielding no better than the second discriminations and involving human intervention in the stimulus presentation and measurement process. The current research sought to assess the results of recording response latencies using a microcomputer for presentation of the stimuli and the precision measurements of the latencies. Comparison was then made as to whether significant differences in response latencies …

Is Abandoning State Action Asking Too Much Of The Constitution, Scott E. Sundby

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No abstract provided.

Zero-Based Racial Politics: An Evaluation Of Three Best-Case Arguments On Behalf Of The Nonwhite Underclass Commentary, Richard Delgado

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No abstract provided.

Microcomputer Demonstrations In A Mastery-Based Personalized System Of Instruction Course, Morton Isaacs, Roger Harnish

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The use of demonstrations in a mastery-based Personalized System of Instruction (PSI) Introductory Psychology course is discussed. The specifics of fourteen computer demonstrations in current use is described, as well as how the demonstrations are used to stimulate student involvement in a mastery PSI format.

Are Twelve Heads Better Than One?, Phoebe C. Ellsworth

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Few advocates of the jury system would argue that the average juror is as competent a tribunal as the averagejudge. Whatever competence the jury has is a function of two of its attributes: its number and its interaction. The fact that a jury must be composed of at least six people,' with different backgrounds, experiences, and perspectives, provides some protection against decisions based on an idiosyncratic view of the facts. Not only must the jury include at least six people, but they must be chosen in a manner that conforms to the ideal of the jury as representative of community …

Capital Punishment: A Disputation, Peter Lushing

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The article critiques the use of capital punishment, arguing that it is morally flawed, ineffective as a deterrent, and disproportionately applied to marginalized groups. Through a dialogue between a judge and a clerk, it highlights the emotional and societal complexities surrounding the death penalty, ultimately advocating for its abolition in favor of life imprisonment and systemic reforms.

Minority Law Professors' Lives: The Bell-Delgado Survey, Richard Delgado

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Presents the results of a survey of job satisfaction among law professors of color Reveals how minority professors reported their experiences within 11 discrete categories including academic freedom institutional climate relations with students and collegial support Concludes that many law professors suffer high levels of stress associated with their work some of it arising from racism and marginalization

God And Gadamer: Politics And Conflict In The Heavenly Family Note, Richard Delgado, John Kidwell

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No abstract provided.

Legal Affinities, Joseph Vining

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Not long ago, any question of the kind "How may theology serve as a resource in understanding law?" would have been hardly conceivable among lawyers. When Lon Fuller brought out his first book in 1940, The Law in Quest of Itself, he could think of no better way of tagging his adversary the legal positivist than to note a "parallel between theoretical theology and analytical jurisprudence." Two decades later, in the name of realism, Thurman Arnold dismissed Henry Hart's non-positivist jurisprudence in harsh terms. A master of the cutting phrase, he confidently entitled his attack "Professor Hart's Theology." Two decades …

Accommodation And Satisfaction: Women And Men Lawyers And The Balance Of Work And Family, David L. Chambers

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This study of graduates of the University of Michigan Law School from the late 1970s reports on the differing ways that women and men have responded to the conflicting claims of work and family. It finds that women with children who have entered the profession have indeed continued to bear the principalr esponsibilitiesf or the care of children, but it alsof inds that these women, with all their burdens, are more satisfied with their careers and with the balance of their family and professional lives than other women and than men.

Educational Debts And The Worsening Position Of Small-Firm, Government, And Legal-Services Lawyers, David L. Chambers

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Law school operating costs are up. Tuitions are up. The debts of law students are up. What is happening to the students who have borrowed large sums? Are their debts affecting their decisions about the jobs to seek? Once in practice, are they significantly affecting the standard of living they can afford to maintain? What, in particular, is the effect of debts on those who enter-or contemplate entering-small firms, government, legal services, and "public interest" work where salaries are lower than in most other settings in which lawyers work? In the preceding essay, Jack Kramer has performed another extremely valuable …

At-Will Employment: An Overview, Theodore J. St. Antoine

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The most dramatic development of the last decade has been the rapid judicial expansion of modifications in at-will employment doctrine.

Diagnosis Of The Current Code Of Criminal Procedure, Daniel H. Foote

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Approximately 35 years have passed since the current Code of Criminal Procedure went into effect, and today the manner in which that Code is interpreted and applied appears nearly stable. In truth, for most of the provisions and systems under the current Code about which there had been many questions of interpretation and application (e.g., interpretation of the provisions concerning hearsay evidence, discovery, exclusion of illegally-obtained evidence, and abuse of the authority to prosecute), some sort of conclusion (ichid no ketsuron) has been reached. In that sense, matters have "stabilized." However, in my view much more deep-seated problems remain unresolved. …

The Lesson Of The Owl And The Crows: The Role Of Deception In The Evolution Of The Environmental Statutes, William H. Rodgers, Jr.

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In this world of strategies and counterstrategies, the advantages of the good fake are not to be overlooked. Fakery is an indelible part of the landscape in settings where we readily accept the gaming metaphor—sporting events are the obvious examples. But I wish to emphasize how fakery and deception can play an important role in legal interactions as well, particularly in the writing of the environmental statutes. Environmental lawyers often are fond of borrowing examples from natural history to illustrate propositions of law. There is more to this practice than habit, it seems to me, because the natural laws of …

Statutory Damage Caps Are An Incomplete Reform: A Proposal For Attorney Fee Shifting In Tort Actions, Gregory A. Hicks

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The premise of this article is that the currently unsettled status of noneconomic damage awards offers an opportunity to reexamine the function of such awards, and to move tort law in the direction of more stable and rational remedies, something that could not be achieved either under recently adopted damage cap statutes or through the reinstatement of unrestricted compensation of noneconomic losses.

This article has two parts. In the first part, the ambiguous role of noneconomic damages, that is, their function as makeweight compensation for noncompensable litigation expenses and as compensation for real intangible injuries, is described. This ambiguity has …

Individual Autonomy And Collective Empowerment In Labor Law: Union Membership Resignations And Strikebreaking In The New Economy, David Abraham

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In this Article, Doctor Abraham studies the tensions between individual rights and theories of collective action in the context of union membership resignations and strikebreaking. He argues that recent judicial and executive tendencies to value individual worker autonomy over collective union action are misguided, lacking a basis in both legal precedent and social reality. In support of his view, Abraham first explores the philosophical and historical-sociological roots of labor and labor-capital relations, focusing on the meaning of employment and the history of collective action. Next, he examines the social and legal origins of the judiciary's recent tendency to increase union …

Family Feud: A Response To Robert Weisberg On Law And Literature, Richard H. Weisberg

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The article engages in a critical dialogue with Robert Weisberg's work on the intersection of law and literature, particularly his skepticism toward the field's potential for sentimentality and his resistance to the literary text as a primary source of legal insight. The author argues that literature provides a unique lens for understanding the irrationalities and ethical dimensions of legal discourse, challenging Weisberg's dismissal of its value. The article contends that Law and Literature must embrace its subversive potential to critique legal assumptions and institutional language, while also addressing the broader cultural and epistemological challenges facing interdisciplinary scholarship.

Lawyers And Informal Justice: The Case Of A Public Housing Eviction Board, Richard O. Lempert, Karl Monsma

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When lawyers think of civil procedure they almost invariably think of the rules of civil procedure and the formality they entail. A course in civil procedure focusing almost exclusively on the Federal Rules of Civil Procedure is in most law schools part of the traditional first-year curriculum. Indeed some would argue that it is at the core of that curriculum, for more than any other first-year course it takes students away from familiar moral anchors and instructs them in a set of distinctively legal practices and values. The ability to manipulate the legal system's rules of procedure is the most …

Empirical Studies In Civil Procedure: A Selected Annotated Bibliography, Michael G. Chiorazzi, Barbara A. Baccari, Karen R. Cashion, Christopher R. Hart, Donald M. Nielsen, Charles M. North, William T. O'Neil

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No abstract provided.

Modern Republicanism--Or The Flight From Substance, Richard A. Epstein

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No abstract provided.

The Ubiquity Of Prophylactic Rules, David A. Strauss

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No abstract provided.

Walter Blum Tributes, Joseph Isenbergh

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No abstract provided.

Children And Television Advertising: A Cognitive Development Perspective, Darach Turley, Helen Gallagher

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While the population growth rate in Ireland appears at least temporarily to have ground to a halt, the fact remains that this country will have to cherish and cater for a singularly sizeable children’s market for the next decade. This article begins with a qualitative examination of Irish advertising houses’ views on their respective outputs and target groups. Central to the process of communicating with the children’s market is the need to fully appreciate its heterogeneity. Psychologically speaking the “children’s market” is a misnomer. To this end, a series of questions are administered to a sample of Dublin children to …

Crime In The Stacks, Or A Tale Of A Text: A Feminist Response To A Criminal Law Textbook, Mary I. Coombs

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No abstract provided.

Aids Testing In The Health Care Setting, James D. Holzhauer

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No abstract provided.