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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.

Patents And The Progress Of Science: Exclusive Rights And Experimental Use, Rebecca S. Eisenberg

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In this article I analyze the proper scope of an experimental use exemption from patent infringement liability by comparing the rationales behind promoting technological progress through granting exclusive patent rights in inventions with competing arguments for promoting scientific progress by allowing all investigators to enjoy free access to the discoveries of other scientists. I begin by reviewing key features of the patent laws and theoretical justifications for granting patent monopolies in order to clarify the implications of existing patent doctrine and theory for an experimental use exemption. I then look to the literature in the sociology, history, and philosophy of …

Racism And Legal Doctrine (Reviewing Derrick Bell, And We Are Not Saved (1987)), Mary E. Becker

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No abstract provided.

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 …

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 …

The Depiction Of Law In The Bonfire Of The Vanities, Richard A. Posner

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No abstract provided.

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.

Climbing The Most Dangerous Branch: Legisprudence And The New Legal Process (Book Review), A. Michael Froomkin

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No abstract provided.

Standing And The Privatization Of Public Law, Cass R. Sunstein

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Trashing The German Advantage, John H. Langbein

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Enforcement Of The Domestic Abuse Act In Minnesota: A Preliminary Study, Beverly Balos, Katie Trotzky

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The Minnesota Department of Corrections latest figures esti- mate that over 63,000 incidents of domestic battering occur each year in the state of Minnesota.1 Due to the inefficiencies and gaps in the reporting system, in Minnesota and across the United States, the true magnitude of the problem is difficult to document. Researchers have estimated, however, that over 1.7 million people in the United States have at some time faced a spouse with a gun or a knife, and that well over two million have experienced a beating by their spouse.2 Thus, while accurate documentation is difficult due to the severe …

The Juvenile Court Meets The Principle Of Offense: Punishment, Treatment, And The Difference It Makes, Barry C. Feld

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The United States Supreme Court's decision In re Gault 1 transformed the juvenile court into a very different institution than that envisioned by its Progressive creators. 2 Judicial and legislative efforts to harmonize the juvenile court with Gault's constitutional mandate have modified the purpose, process, and operation of the juvenile justice system. The Progressives envisioned a procedurally informal court with individualized, offender-oriented dispositional practices. The Supreme Court's due process decisions impose procedural formality on the juvenile court's traditional, individualized-treatment sentencing schemes. As the juvenile court system deviates from the Progressive ideal, it increasingly resembles, both procedurally and substantively, the adult …

Beating Up On Women And Old Men And Other Enormities: A Social Historical Inquiry Into Literary Sources, William I. Miller

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The Icelandic sagas, besides being one of the most impressive literatures existing in any language, preserve detailed accounts of feud and legal action, and describe with intelligence and care the general techniques and strategies of dispute processing. They also contain, incidental to the narrative, information about values and law, marriage and death, householding arrangements and the systems of exchange, naming patterns, and so on, for those who care to coax such information from the texts.

Adr And The Dispossessed: Recent Books About The Deformalization Movement Symposium On Informal Dispute Resolution, Richard Delgado

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No abstract provided.

Making Sense Of Modern Jurisprudence: The Paradox Of Positivism And The Challenge For Natural Law, Philip E. Soper

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Karl Llewellyn once said, referring to Roscoe Pound's work m jurisprudence, that it was difficult to tell on what level the writing proceeded: sometimes it seemed to be little more than bedtime stones for a tired bar; at other tunes it appeared to be on the level of the after-dinner speech or a thought provoking essay, neither of which were quite the "considered and buttressed scholarly discussion" that one expected to find. Llewellyn's complaint serves as a warning, though a somewhat ambiguous one, to those who give lectures on jurisprudence.

On the one hand, I do not plan to present …

State-Interest Analysis In Fourteenth-Amendment "Privacy" Law: An Essay On The Constitutionalization Of Social Issues, Carl E. Schneider

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Asked to resolve a social issue, Americans today turn readily to rights and to the Constitution that is understood to embody them. Many "vice" issues have long been thought particularly apt for a rights analysis. A constitutional resolution of vice issues is therefore inevitably a possibility, and its wisdom is inevitably a question. In this essay, I want to address that question by investigating an area of the law that has been recently constitutionalized family law. Family law is an example worth studying because rights thinking has won a considerable prominence in it: The Constitution has been used to transform …

Law And Literature: 'No Manifesto', James Boyd White

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With what hopes and expectations should a lawyer turn to the reading of imaginative literature? To books and articles that purport to connect that literature in some way with the law? In particular, is "law and literature" -to which this Symposium is directed-to be thought of as an academic "field" like law and psychiatry, say, or law and economics? If so, what can it purport to teach us? If not, how is it to be thought of?

Andrew M. Walkover, Richard O. Lempert

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I knew Andy Walkover best as a student. I met him first in my evidence class at the University of Michigan. He was the "sixties type" in the left rear corner who, especially at first, was too often absent but had the most interesting things to say when he came to class. I did not realize it at the time, but Andy was just beginning to discover his vocation.

Promise Fulfilled And Principle Betrayed, James J. White

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My responsibility in this paper is to address three questions. (1) How has the legal realist body of thought affected contract law and its application? (2) How will contract law and its application be affected in the future by realist thinking? (3) If the realist viewpoint were fully accepted, what kind of system would result and how would contract law be affected? Because my focus is upon a principal legislative monument to realism, Article Two of the Uniform Commercial Code (the "U.C.C."), and upon its drafter, Karl Llewellyn, I will not answer any of the three questions explicitly. By focusing …

Proprietary Rights And The Norms Of Science In Biotechnology Research, Rebecca S. Eisenberg

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As basic research in biotechnology yields increasing commercial applications, scientists and their research sponsors have become more eager to protect the commercial value of research discoveries through intellectual property law. Some scientists fear that these commercial incentives will weaken or even undermine the norms that have traditionally governed scientific research. In this Article, Professor Eisenberg examines the interaction of proprietary rights in inventions with these traditional scientific norms. Trade secrecy, she argues, is an undesirable strategy for protection of basic research discoveries because it impedes dissemination of new knowledge to the scientific community. She finds that patent law is in …

The Decline Of Law As An Autonomous Discipline: 1962-1987, Richard A. Posner

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No abstract provided.

A Jury Hoax: The Superpower Of The Opening Statement, Hans Zeisel

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Affirmative Peremptory Juror Selection, Hans Zeisel

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No abstract provided.

The Juvenile Court Meets The Principle Of The Offense: Legislative Changes In Juvenile Waiver Statutes, Barry C. Feld

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At its inception the juvenile court was characterized by procedural informality and individualized, offender-oriented dispositions. Subsequent to the U.S. Supreme Court's 'Gault' decision, which mandated procedural safeguards in the adjudication of delinquency, juvenile court procedures became more formal in the interest of protecting the rights of juveniles, but individualized, offender-oriented dispositions were preserved. The inability of proponents of juvenile rehabilitation to demonstrate the effectiveness of parens patriae intervention, however, has led an increasing number of States to incorporate 'just deserts' sentencing principles in their juvenile justice systems. This emphasis is evidenced in the waiver of juvenile offenders for criminal prosecution …

The Antinomies Of Poverty Law And A Theory Of Dialogic Empowerment, Anthony V. Alfieri

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No abstract provided.

Shared Privacy And The Fourth Amendment, Or The Rights Of Relationships, Mary I. Coombs

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No abstract provided.

Intellectual Integration, James Boyd White

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In this paper, I want to talk about the activity of intellectual integration itself: about what it can mean to integrate-to put together in a complex whole-aspects of our culture, or of the world, that seem to us disparate or unconnected; and what it can mean in so doing to integrate-to bring together in interactive life-aspects of our own minds and beings that we normally separate or divide from each other: I want to think of integration, that is-and of its opposite, disintegration-as taking place on two planes of existence at once, the cultural and the individual. For what is …

The Ethereal Scholar: Does Critical Legal Studies Have What Minorities Want Minority Critiques Of The Critical Legal Studies Movement, Richard Delgado

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No abstract provided.

Economics And Law: Two Cultures In Tension, James Boyd White

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I want to preface my remarks by saying something about the kind of talk this is going to be. As my title says, I shall speak mainly about economics and law, which I shall examine as forms of thought and life, or what I shall call cultures. With law, about which in fact I shall speak rather briefly, I am naturally familiar by training and experience. But with economics I am familiar only as an observer­ as a general reader who reads the newspaper, as a lawyer who has followed a little of the law and economics literature, and as …

Law And Metaphysics, Charles M. Yablon

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No abstract provided.