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Articles 1231 - 1260 of 1576
Full-Text Articles in Entire DC Network
An Epilogue To The Age Of Pound, Thomas A. Green
An Epilogue To The Age Of Pound, Thomas A. Green
Articles
Doubts about the reality of criminal offenders' autonomy have sometimes played a role in the movement to abolish, or greatly reduce the reach of, the sanction of capital punishment.
Why Hard Cases Make Good (Clinical) Law, Paul D. Reingold
Why Hard Cases Make Good (Clinical) Law, Paul D. Reingold
Articles
In 1992, when the University of California's Hastings College of Law decided to offer a live-client clinic for the first time, its newly hired director had to make several decisions about what form the program should take.1 The first question for the director was whether the clinic should be a single-issue specialty clinic or a general clinic that would represent clients across several areas of the law. The second question, and the one that will be the focus of this essay, was whether the program should restrict its caseload to "easy" routine cases or also accept non-routine, less controllable litigation. …
Cardozo's Allegheny College Opinion: A Case Study In Law As An Art, Michael Townsend
Cardozo's Allegheny College Opinion: A Case Study In Law As An Art, Michael Townsend
Articles
This Article consists of two related pieces. One piece considers interpretations of Cardozo's opinion in Allegheny College v. National Chautauqua County Bank. Cardozo commonly is placed among the greatest American judges, but his "analysis in Allegheny College is regularly criticized as contrived and artificial." This Article attempts to resuscitate the reputation of his analysis by placing the case in its historical and doctrinal context. The other piece continues the elaboration of a framework introduced in a previous article for thinking about law as a discipline. Central to this framework is a particular conception of the western intellectual tradition in …
Race And Place: Geographic And Transcendent Community In The Post-Shaw Era, Lisa A. Kelly
Race And Place: Geographic And Transcendent Community In The Post-Shaw Era, Lisa A. Kelly
Articles
Race and Place is a narrative article, both fictional and true, dedicated to exploring the dual realities of a geographic and transcendent community in the context of the Supreme Court's recent decisions in Shaw v. Reno and Miller v. Johnson. The Court has allowed and affirmed constitutional challenges to districts drawn to empower African-Americans "with nothing in common but the color of their skin." The Article draws upon history, literature, political science, and law to critique the Court's assumptions concerning the challenged districts and to demonstrate the existence of African-American communities of interest which are both geographically bounded by …
Does A Cultural Barrier To Intellectual Property Trade Exist? The Japanese Example, Toshiko Takenaka
Does A Cultural Barrier To Intellectual Property Trade Exist? The Japanese Example, Toshiko Takenaka
Articles
What is the so-called "cultural barrier to intellectual property trade?" No definition for this phrase readily came to me when I began exploring the topic. Japanese intellectual property scholars and professionals strongly suspect that their U.S. counterparts, who find institutional or economic explanations for discrepancies between European and American business customs, nevertheless tend to attribute the differences between Japanese and American business practices to cultural differences. Three popular arguments offered to substantiate this "cultural barrier to intellectual property trade" theory are: (1) the application of the concepts of competition and monopoly to intangibles such as technology and ideas is foreign …
The Once And Future Property-Based Vision Of The First Amendment, John O. Mcginnis
The Once And Future Property-Based Vision Of The First Amendment, John O. Mcginnis
Articles
The growth of the information superhighway depends not only on technological developments, but also on our society's commitment to the free flow of information. Paradoxically, however, as the digital revolution in telecommunications is bringing the information superhighway into sharp focus, the justifications for contemporary First Amendment jurisprudence are becoming blurred.
Art Speech, Marci A. Hamilton
Art Speech, Marci A. Hamilton
Articles
Although many scholars have been in favor of providing first amendment protection for art, no one has offered a justification for its constitutional protection suited to art's singular capacities. Rather, commentators and courts have been inclined to place art under the rubric of general speech, which limits protection to ideas and content. Professor Hamilton argues that art offers significantly more than its content and deserves first amendment protection tailored to its particular potential. Art enables individuals to experience unfamiliar worlds and thereby to gain new perspectives on the prevailing status quo, including the government's. It performs this function without exposing …
Images Of Women And Capital Sentencing Among Female Offenders: Exploring The Outer Limits Of The Eight Amendment And Articulated Theories Of Justice Notes, Jenny E. Carroll
Images Of Women And Capital Sentencing Among Female Offenders: Exploring The Outer Limits Of The Eight Amendment And Articulated Theories Of Justice Notes, Jenny E. Carroll
Articles
No abstract provided.
Rodrigo's Eleventh Chronicle: Empathy And False Empathy Chronicle, Richard Delgado
Rodrigo's Eleventh Chronicle: Empathy And False Empathy Chronicle, Richard Delgado
Articles
No abstract provided.
Freedom And Criminal Responsibility In The Age Of Pound: An Essay On Criminal Justice, Thomas A. Green
Freedom And Criminal Responsibility In The Age Of Pound: An Essay On Criminal Justice, Thomas A. Green
Articles
The concept of freedom has two main aspects: political liberty and freedom of the will. I am concerned here with the latter, although - as these two aspects of freedom are not entirely unrelated to each other - I shall touch also on the former. Enough has been written from a philosophical perspective on the relationship between free will and the law that it is not easy to justify yet another such undertaking. But there may still be room for some informal observations on the manner in which doubts about the concept of freedom of the will affected discussion of …
Law As Discourse: Bridging The Gap Between Democracy And Rights, Michel Rosenfeld
Law As Discourse: Bridging The Gap Between Democracy And Rights, Michel Rosenfeld
Articles
No abstract provided.
The Regulation Of Social Meaning, Lawrence Lessig
The Silicon Valley Lawyer As Transaction Cost Engineer?, Lisa Bernstein
The Silicon Valley Lawyer As Transaction Cost Engineer?, Lisa Bernstein
Articles
No abstract provided.
Judges' Writing Styles (And Do They Matter?), Richard A. Posner
Judges' Writing Styles (And Do They Matter?), Richard A. Posner
Articles
No abstract provided.
Originalism And The Desegregation Decisions, Michael W. Mcconnell
Originalism And The Desegregation Decisions, Michael W. Mcconnell
Articles
No abstract provided.
Racial Quotas And The Jury, Albert W. Alschuler
Disaggregating Gender From Sex And Sexual Orientation: The Effeminate Man In The Law And Feminist Jurisprudence, Mary Anne Case
Disaggregating Gender From Sex And Sexual Orientation: The Effeminate Man In The Law And Feminist Jurisprudence, Mary Anne Case
Articles
No abstract provided.
Judicial Biography, Richard A. Posner
Denaturalizing The Lawyer-Statesman (Book Review), Anthony V. Alfieri
Denaturalizing The Lawyer-Statesman (Book Review), Anthony V. Alfieri
Articles
No abstract provided.
On The Expressive Function Of Law, Cass R. Sunstein
Judicial Biography: History, Myth, Literature, Fiction, Potpourri Judicial Biography Symposium: Keynote, Philip B. Kurland
Judicial Biography: History, Myth, Literature, Fiction, Potpourri Judicial Biography Symposium: Keynote, Philip B. Kurland
Articles
No abstract provided.
Judicial Waiver Policy And Practice: Persistence, Seriousness And Race, Marcy Rasmussen Podkopacz, Barry C. Feld
Judicial Waiver Policy And Practice: Persistence, Seriousness And Race, Marcy Rasmussen Podkopacz, Barry C. Feld
Articles
One of the most controversial contemporary criminal policy issues is whether serious or chronic young offenders should be tried and sentenced as juveniles or adults. Defining the boundary between juvenile and criminal courts depends upon the answers to a host of inter-related questions: Who are serious juvenile offenders? On the basis of what characteristics are they identified? Who should decide which system will deal with them and why? Does it make any difference, either symbolically or in terms of public safety, whether states try and sentence some youths as juveniles or adults? The diversity of legislative strategies to resolve these …
Strategic Approaches To Crime Prevention, Michael Tonry, David P. Farrington
Strategic Approaches To Crime Prevention, Michael Tonry, David P. Farrington
Articles
No abstract provided.
Violent Youth And Public Policy: A Case Study Of Juvenile Justice Law Reform, Barry C. Feld
Violent Youth And Public Policy: A Case Study Of Juvenile Justice Law Reform, Barry C. Feld
Articles
The purpose of this article by Feld was to examine the work of Minnesota's Juvenile Justice Task Force of 1994 in light of policy, case law, and prior task force recommendations. The author, a member and co-chair of the Task Force, analyzed revisions in the Minnesota juvenile justice adjudicatory system as it converged juvenile and criminal court adjudication procedures and philosophy. Ultimately, the recommendations of the Task Force were presented and accepted by the Minnesota legislature, and subsequently included Minnesota's 1994 Juvenile Crime Bill.
Putting Women First, Mary I. Coombs
Defending Racial Violence, Anthony V. Alfieri
The Challenge Of Asian Law, Whitmore Gray
The Challenge Of Asian Law, Whitmore Gray
Articles
Several years ago, when U.S. trade across the Pacific finally surpassed that across the Atlantic, a small group of U.S. lawyers were already responding to the challenge of representing clients in transactions in Asia. While few had had the opportunity to take courses dealing with Asian law during their law school years, many entered the field because of undergraduate language and area studies courses. A few had taught courses dealing with Asia before beginning their law studies.
Deep Inner Lives, Individualism And People Of Honour, William I. Miller
Deep Inner Lives, Individualism And People Of Honour, William I. Miller
Articles
With the exception of St Augustine and perhaps Abelard, often praised as modern before their time, it is not unusual to find it maintained that the individual was not available in any serious conceptual, psychological or even sociological way before the seventeenth century. Our thick and deep self, according to this view, is thus a rather recent phenomenon. Some more expansive souls find the individual already emerging a century earlier, during the Reformation. Within the last three decades, medievalists, chagrined at being contemned by classicists on one flank and an alliance of Renaissance scholars, early modernists, modernists and post-modernists on …
Gasshūkoku Ni Okeru Hōgakkai To Hōjitsumukai [The Worlds Of Academics And Legal Practice In The United States], Daniel H. Foote
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 …
Bora Laskin And The Legal Process School, Paul Horwitz