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Status Signaling And The Law, With Particular Application To Sexual Harassment, Richard A. Posner, Gertrud M. Fremling Jan 1999

Status Signaling And The Law, With Particular Application To Sexual Harassment, Richard A. Posner, Gertrud M. Fremling

Articles

No abstract provided.


Street Children: A Comparative Perspective, Kevin Lalor Jan 1999

Street Children: A Comparative Perspective, Kevin Lalor

Articles

Objective: This paper examines the findings from recent studies of street children in Ethiopia. Methods: Following a discussion of the term “street children,” comparisons are drawn between Latin American and Ethiopian street children in terms of gender, age, reasons for going to the streets, family relations and structure, delinquency, drug use, groups and the outcomes of street life. In particular, the victimisation of street children in Ethiopia is examined. Results: Widespread abuse of street children was reported. More than half of the street boys questioned reported being “regularly” physically attacked. Street life is also highly victimogenic for street girls. Sexual …


Liberty, Patriarchy, And Feminism, Richard A. Epstein Jan 1999

Liberty, Patriarchy, And Feminism, Richard A. Epstein

Articles

No abstract provided.


Researching Labor Arbitration And Alternative Dispute Resolution In Employment, Suzanne Thorpe, Laura J. Cooper Jan 1999

Researching Labor Arbitration And Alternative Dispute Resolution In Employment, Suzanne Thorpe, Laura J. Cooper

Articles

What kinds of information can we expect to find when doing research in alternative dispute resolution? To the extent that ordinary issues of law arise when considering methods of alternative dispute resolution, such as whether an agreement to arbitrate is judicially enforceable or whether communications in the course of mediation enjoy an evidentiary privilege, ordinary sources of legal research remain appropriate. This research guide generally does not describe those research


American Prisons At The Beginning Of The Twenty-First Century, Michael Tonry, Joan Petersilia Jan 1999

American Prisons At The Beginning Of The Twenty-First Century, Michael Tonry, Joan Petersilia

Articles

No abstract provided.


Highlights Of The Fiftieth Session Of The United Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, David Weissbrodt, Mayra Gomez, Bret Thiele Jan 1999

Highlights Of The Fiftieth Session Of The United Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, David Weissbrodt, Mayra Gomez, Bret Thiele

Articles

fiftieth anniversary of the Universal Declaration of Human Rights.8 The Sub-Commission also considered resolutions on country situations in Afghanistan, Algeria, Bahrain, Belarus, Bhutan, the Democratic People's Republic of Korea and Mexico.9 In addition, the Sub-Commission took a new initiative by adopting a thematic resolution, focusing on the protection of human rights defenders in nine countries, including Burma, Colombia, the Democratic Republic of the Congo, Honduras, Indonesia, Nigeria, the Philippines, Tunisia, Turkey and the Federal Republic of Yugoslavia. 10 The Sub-Commission completed considerable work in the area of economic, social and cultural rights, including the Final Report on the Relationship Between …


Rethinking Unthinkable Punishment Policies In America, Michael Tonry Jan 1999

Rethinking Unthinkable Punishment Policies In America, Michael Tonry

Articles

No abstract provided.


Finding The Constitution: An Economic Analysis Of Tradition's Role In Constitutional Interpretation, Adam C. Pritchard, Todd J. Zywicki Jan 1999

Finding The Constitution: An Economic Analysis Of Tradition's Role In Constitutional Interpretation, Adam C. Pritchard, Todd J. Zywicki

Articles

In this Article, Professor Pritchard and Professor Zywicki examine the role of tradition in constitutional interpretation, a topic that has received significant attention in recent years. After outlining the current debate over the use of tradition, the authors discuss the efficiency purposes of constitutionalism--precommitment and the reduction of agency costs--and demonstrate how the use of tradition in constitutional interpretation can serve these purposes. Rejecting both Justice Scalia's majoritarian model, which focuses on legislative sources of tradition, and Justice Souter's common-law model, which focuses on Supreme Court precedent as a source of tradition, the authors propose an alternative model--the "finding model"-- …


Narrative Relevance, Imagined Juries, And A Supreme Court Inspired Agenda For Jury Research, Richard O. Lempert Jan 1999

Narrative Relevance, Imagined Juries, And A Supreme Court Inspired Agenda For Jury Research, Richard O. Lempert

Articles

This paper has its roots in Old Chief v. United States, a case the Supreme Court of the United States decided in 1997. I will begin by describing this case; then comment on its implications for the Supreme Court's conception of the jury, and conclude by examining the agenda one may draw from it for empirical jury research. Old Chief arose when Johnny Lynn Old Chief was charged not only with assault with a dangerous weapon and using a firearm in the commission of a crime of violence, but also with violating a law that precludes convicted felons from possessing …


Home-Grown Racism: Colorado's Historic Embrace - And Denial - Of Equal Opportunity In Higher Education, Richard Delgado, Jean Stefancic Jan 1999

Home-Grown Racism: Colorado's Historic Embrace - And Denial - Of Equal Opportunity In Higher Education, Richard Delgado, Jean Stefancic

Articles

Although it today considers itself a beacon of equal opportunity Colorados racial history is replete with racial injustice and discrimination particularly in the field of higher education and fair housing Archival research and field investigation discloses an unbroken line of terror mob justice Ku Klux Klan government and outright exclusion of four major groups of color going back to territorial days with effects continuing to this day


Doing Well And Doing Good: The Careers Of Minority And White Graduates Of The University Of Michigan Law School, David L. Chambers, Richard O. Lempert, Terry K. Adams Jan 1999

Doing Well And Doing Good: The Careers Of Minority And White Graduates Of The University Of Michigan Law School, David L. Chambers, Richard O. Lempert, Terry K. Adams

Articles

Of the more than 1,000 law students attending the University of Michigan Law School in the spring of 1965, only one was African American. The Law School faculty, in response, decided to develop a program to attract more African American students. One element of this program was the authorization of a deliberately race-conscious admissiosn process. By the mid-1970s, at least 25 African American students were represented in each graduating class. By the late 1970s, Latino and Native American students were included in the program as well. Over the nearly three decades between 1970 and 1998, the admissions efforts and goals …


Review: Murphy's Law, Arthur Jacobson Jan 1999

Review: Murphy's Law, Arthur Jacobson

Articles

No abstract provided.


The End Of The Market: A Psychoanalysis Of Law And Economics, Jeanne L. Schroeder Dec 1998

The End Of The Market: A Psychoanalysis Of Law And Economics, Jeanne L. Schroeder

Articles

The perfect market is the end of all actual markets - it is their ideal form. In normative economics, actual markets are the means of achieving the end or ideal of the perfect market. But this means that to achieve a perfect market would result in the end of all actual markets. Despite the centrality of the ideal of the perfect market in the subset of law and economics scholarship based on classical price theory, there is surprisingly little literature on its parameters. In this Commentary, Professor Schroeder examines this literature in order to explicate the nature of this ideal. …


No Church For The Poor - ''Angela's Ashes'', Eamon Maher Jul 1998

No Church For The Poor - ''Angela's Ashes'', Eamon Maher

Articles

Material reproduced by kind permission of Doctrine and Life


The Constitutional Rhetoric Of Religion, Marci A. Hamilton Apr 1998

The Constitutional Rhetoric Of Religion, Marci A. Hamilton

Articles

The message of postmodernism is that we should carefully attend to the language that we use. We should not expect the meaning of our words to always accord with our intentions or to remain static. We are likely to be surprised by language's subtle and unintended intonations. This could not be more true for the discourse in the battle over the standard to be applied to free exercises cases. The language of the standard that appears to be good for religion--the Religious Freedom Restoration Act (RFRA) - sends the message that religion is weak and needy, while the standard that …


The Brandeis Vision, Donald L. Burnett Jr. Jan 1998

The Brandeis Vision, Donald L. Burnett Jr.

Articles

No abstract provided.


Reflecting On The Subject: A Critique Of The Social Influence Conception Of Deterrence, The Broken Windows Theory, And Order-Maintenance Policing New York Style, Bernard E. Harcourt Jan 1998

Reflecting On The Subject: A Critique Of The Social Influence Conception Of Deterrence, The Broken Windows Theory, And Order-Maintenance Policing New York Style, Bernard E. Harcourt

Articles

No abstract provided.


Symposium On Race And Criminal Law: Introduction, Richard H. Mcadams Jan 1998

Symposium On Race And Criminal Law: Introduction, Richard H. Mcadams

Articles

No abstract provided.


Afterword Beyond Sexual Orientation In Queer Legal Theory: Majoritarianism, Multidimensionality, And Responsibility In Social Justice Scholarship Or Legal Scholars As Cultural Warriors, Francisco Valdes Jan 1998

Afterword Beyond Sexual Orientation In Queer Legal Theory: Majoritarianism, Multidimensionality, And Responsibility In Social Justice Scholarship Or Legal Scholars As Cultural Warriors, Francisco Valdes

Articles

No abstract provided.


Professionalisms, Richard A. Posner Jan 1998

Professionalisms, Richard A. Posner

Articles

No abstract provided.


The New Chicago School: Myth Or Reality?, Lisa Bernstein, Richard A. Epstein, Eric A. Posner, Randal C. Picker Jan 1998

The New Chicago School: Myth Or Reality?, Lisa Bernstein, Richard A. Epstein, Eric A. Posner, Randal C. Picker

Articles

No abstract provided.


Unpacking Package Deals: Separate Spheres Are Not The Answer, Mary Anne Case Jan 1998

Unpacking Package Deals: Separate Spheres Are Not The Answer, Mary Anne Case

Articles

No abstract provided.


Strategic Basis Of Principled Behavior: A Critique Of The Incommensurability Thesis, Eric A. Posner Jan 1998

Strategic Basis Of Principled Behavior: A Critique Of The Incommensurability Thesis, Eric A. Posner

Articles

No abstract provided.


Lest We Forget: Buchanan V. Warley And Constitutional Jurisprudence Of The 'Progressive Era', Richard A. Epstein Jan 1998

Lest We Forget: Buchanan V. Warley And Constitutional Jurisprudence Of The 'Progressive Era', Richard A. Epstein

Articles

No abstract provided.


The Race To Innocence: Confronting Hierarchical Relations Among Women, Mary Louise Fellows, Sherene Razack Jan 1998

The Race To Innocence: Confronting Hierarchical Relations Among Women, Mary Louise Fellows, Sherene Razack

Articles

No abstract provided.


Committed Partners And Inheritance: An Empirical Study, Mary Louise Fellows, Monica Kirkpatrick Johnson, Amy Chiericozzi, Ann Hale, Christopher Lee, Robin Preble, Michael Voran Jan 1998

Committed Partners And Inheritance: An Empirical Study, Mary Louise Fellows, Monica Kirkpatrick Johnson, Amy Chiericozzi, Ann Hale, Christopher Lee, Robin Preble, Michael Voran

Articles

There is widespread recognition that U.S. households have changed dramatically in the latter half of the twentieth century. 1 The changes include an increased number of blended families, 2 single-parent households, 3 and unmarried same-sex and opposite-sex committed couples, including some with children. 4 The transformation taking place in U.S. households implicates property law and vice versa. In recognition of the changing U.S. household and the symbiotic relationship between wealth transmission and family, we undertook an empirical study designed to assess public attitudes about the inclusion of surviving committed partners as heirs. This Article reports our findings.


Brief Summary Of The 50th Session Of The United Nations Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, David Weissbrodt, Mayra Gomez, Bret Thiele Jan 1998

Brief Summary Of The 50th Session Of The United Nations Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, David Weissbrodt, Mayra Gomez, Bret Thiele

Articles

The United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities (Sub-Commission) met in Geneva, Switzerland, from 3 to 28 August 1998 for its fiftieth session.' The Sub-Commission is a subsidiary body of the Commission on Human Rights (Commission). It is composed of 26 members who are nominated by their respective governments and elected to staggered four-year terms by the Commission. Under the principle of geographic distribution, the Sub-Commission has seven members from Africa, five from Latin America, five from Asia, three from Eastern Europe, and six from Western Europe and Other (including Australia, Canada, New Zealand, and the …


Rocking The Tax Code: A Case Study Of Employment-Related Child-Care Expenditures, Mary Louise Fellows Jan 1998

Rocking The Tax Code: A Case Study Of Employment-Related Child-Care Expenditures, Mary Louise Fellows

Articles

No abstract provided.


"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.


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.