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Exergy Analysis - A Different Perspective On Energy Part 2: Rational Efficiency And Some Examples Of Energy, Jim Mcgovern

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The concept of exergy having been introduced in the first part of this paper, a universal rational efficiency is now defined and a number of examples of exergy analyses is given.

Campus Antiracism Rules: Constitutional Narratives In Collision Legal Theory, Richard Delgado

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No abstract provided.

Comparative Criminal Justice As A Guide To American Law Reform: How Do The French Do It, How Can We Find Out, And Why Should We Care?, Richard Frase

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In the 1970s and early 1980s, legal academics hotly debated the possibility of basing American law reforms on continental procedures, but this voluminous literature produced few conclusions and virtually no sustained research and reform efforts. In this Article, Professor Frase argues that this stalemate was largely due to the fact that the continental procedures most often proposed for borrowing were actually the least feasible transplants, whereas other, more modest possibilities were overlooked or misunderstood. To identify the latter, future researchers must analyze foreign systems comprehensively, in practice as well as in theory, and must subject domestic systems to equally comprehensive …

Justifying The Judge's Hunch: An Essay On Discretion, Charles M. Yablon

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The article explores the interplay between jurisprudential and procedural perspectives on judicial discretion, arguing that these two discourses—often treated as distinct—offer valuable insights into each other. It examines how different models of discretion (skill, expediency, and creativity) operate within institutional frameworks, emphasizing the normative assumptions underlying their justifications. The analysis highlights the tension between rule-bound decision-making and the practical realities of judicial discretion, particularly in sentencing and appellate review.

Non-Sexist Teaching Techniques In Substantive Law Courses, Mary I. Coombs

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No abstract provided.

Lowering One's Cites: A (Sort Of) Review Of The University Of Chicago Manual Of Legal Citation, Mary I. Coombs

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No abstract provided.

Brazil's New Constitution: An Exercise In Transient Constitutionalism For A Transitional Society, Keith S. Rosenn

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No abstract provided.

Speaking Out Of Turn: The Story Of Josephine V., Anthony V. Alfieri

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No abstract provided.

Reconstructive Poverty Law Practice: Learning Lessons Of Client Narrative, Anthony V. Alfieri

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No abstract provided.

The Politics Of Clinical Knowledge, Anthony V. Alfieri

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No abstract provided.

Changing Company Law? (Book Review), Caroline Bradley, Judith Freedman

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No abstract provided.

Corporate Control: Markets And Rules, Caroline Bradley

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No abstract provided.

The Direct Investment Tax Initiatives Of The European Community: A View From The United States, Stanley I. Langbein, David H. Rosenbloom

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No abstract provided.

The Right To Die: Green Lights And Yellow Lights, Yale Kamisar

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In the long-awaited and much-discussed Nancy Cruzan case, a 5-4 Supreme Court majority ruled that absent "clear and convincing evidence" that a once but no longer competent patient wishes to discontinue her life support (in this instance artificial nutrition and hydration) a state is not constitutionally compelled to terminate that support.

Nancy's situation is tragic. Since suffering severe injuries in 1983, she has been in a persistent vegetative state. Yet medical experts testified that if her feeding tube were not removed she could linger on in her present condition for many years.

But the first thing to keep in mind …

Judging The Judges: Three Opinions, James Boyd White

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For some time I have been working on the problem of judicial criticism, focusing especially on the question: What is it in the work of a judge that leads us to admire a judicial opinion with the result of which we disagree, or to condemn an opinion that "comes out" the way we would do if we were charged with the responsibility of decision? The response I have been making is that this kind of judicial excellence (and its opposite too) lies in the sort of social and intellectual action in which the opinion engages: in the character the court …

Israel And The Palestinians, Gidon A. G. Gottlieb

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No abstract provided.

Contingent Fees Without Contingencies: Hamlet Without The Prince Of Demark?, Lester Brickman

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According to conventional wisdom virtually all contingent fee percentages exceeding fifty percent are illegal and excessive, but most lower percentages are valid. This Article challenges the conventional wisdom, an amalgam of the unassailability of the standard one-third rate, notions of fairness versus price gouging, lawyer effort versus lawyer' reward, and the right of a lawyer to contract freely for a fee. It advances instead two propositions for determining the legitimacy of contingent fees. The first is that for a contingent fee to be valid, there must be an actual contingency, which means a realistic risk of nonrecovery. Though this proposition …

Dedication To Karl Krastin, Lester Brickman

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The article pays tribute to Karl Krastin, highlighting his significant influence on the author's academic and professional journey. Krastin, a proponent of the "Law, Science, and Policy" approach, played a pivotal role in mentoring the author and other scholars, guiding them towards Yale's graduate program and into law teaching. His leadership as dean at Toledo College of Law fostered institutional growth and intellectual development, despite challenges arising from his democratic management style.

Entering With A Vengeance: Posner On Law And Literature, Richard H. Weisberg

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The article critiques Richard A. Posner's book Law and Literature: A Misunderstood Relation, arguing that while it offers a comprehensive analysis of law-related literature, it reflects Posner's authoritarian bias and dismisses literature's critical potential to challenge legal authority. Posner's approach is seen as overly deductive and dismissive of literary insights that question legal power structures.

Decoding Richmond: Affirmative Action And The Elusive Meaning Of Constitutional Equality, Michel Rosenfeld

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The article critiques the Supreme Court's inconsistent approach to affirmative action, particularly its adoption of the strict scrutiny test in *City of Richmond v. J.A. Croson Co.*, which has led to confusion and conflict in equal protection jurisprudence. The author argues that the strict scrutiny test is an inadequate framework for addressing affirmative action cases, advocating instead for a substantive equality approach centered on the principle of equality of opportunity. This approach would better address the complexities of systemic discrimination and its multifaceted effects, as highlighted by Justice Marshall's ecological mode of interpretation in *Croson*. The article ultimately challenges the …

The First Amendment And Cognition: A Response, Cass R. Sunstein

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No abstract provided.

Reaction To Terrorism: A Jewish Law Caveat, J. David Bleich

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No abstract provided.

Self-Determination In The Arab-Israeli Conflict: Meaning, Myth, And Politics, Malvina Halberstam

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No abstract provided.

Water Pollution And The Public Trust Doctrine, Ralph W. Johnson

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Nonpoint pollution from irrigation return flows has become a serious national problem. Even the extraction of water for irrigation and other purposes causes pollution by reducing the assimilative capacity of the source stream or lake. Such pollution can be regulated either by the courts or the legislatures under the public trust doctrine, which antedates the prior appropriation system, and which protects fisheries and water quality. Alternatively, this pollution can be controlled under the state's police powers. The "takings" issue should not be troublesome because no one, not even prior appropriators, has or can acquire a legal right to pollute public …

An Economic Analysis Of Sex Discrimination Laws, Richard A. Posner

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No abstract provided.

The Utilitarian Foundations Of Natural Law, Richard A. Epstein

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Interpreting Statutes In The Regulatory State, Cass R. Sunstein

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Discussing the judge's role in interpreting statutes, Justice Holmes wrote that "if my fellow citizens want to go to Hell I will help them. It's my job."' Critics of the view of the courts as passive agents of the legislature claim that it understates the difficulty of interpretation, the indeterminacy of both the language and the will of the citizens, and the resulting discretion of the judge. Similarly, a vigorous debate continues over the proper role of the traditional sources of statutory interpretation - the text, the legislative history, the purpose of the enacting Congress, and the structure of the …

Low Value Speech Revisited, Cass R. Sunstein

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No abstract provided.

Obscuring The Struggle: Sex Discrimination, Social Security, And Stone, Seidman, Sunstein & Tushnet's Constitutional Law Commentary, Mary E. Becker

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No abstract provided.

Countervailing Duty Law: An Economic Perspective, Alan O. Sykes

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No abstract provided.