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The Status-Production Sideshow: Why The Antidiscrimination Laws Are Still A Mistake, Richard A. Epstein Jan 1995

The Status-Production Sideshow: Why The Antidiscrimination Laws Are Still A Mistake, Richard A. Epstein

Articles

No abstract provided.


What The Civil Rights Movement Was And Wasn't, Cass R. Sunstein Jan 1995

What The Civil Rights Movement Was And Wasn't, Cass R. Sunstein

Articles

In this David C. Baum Memorial Lecture on Civil Liberties and Civil Rights, Professor Sunstein begins by noting that participants in the civil rights movement were often backward looking and even conservative, invoking commitments from the nation's past and arguing against reliance on the judiciary and the Supreme Court. They stressed above all two time-honored liberal principles: freedom from desperate conditions and opposition to caste. It is wrong to say (as many now do) that the movement was founded on a principle of race neutrality, and also wrong to say (as some now do) that the movement was opposed to …


Disaggregating Gender From Sex And Sexual Orientation: The Effeminate Man In The Law And Feminist Jurisprudence, Mary Anne Case Jan 1995

Disaggregating Gender From Sex And Sexual Orientation: The Effeminate Man In The Law And Feminist Jurisprudence, Mary Anne Case

Articles

No abstract provided.


Surrogacy: The Case For Full Contractual Enforcement, Richard A. Epstein Jan 1995

Surrogacy: The Case For Full Contractual Enforcement, Richard A. Epstein

Articles

No abstract provided.


Are Values Incommensurable, Or Is Utility The Ruler Of The World?, Richard A. Epstein Jan 1995

Are Values Incommensurable, Or Is Utility The Ruler Of The World?, Richard A. Epstein

Articles

No abstract provided.


Reinventing The Regulatory State, Cass R. Sunstein, Richard H. Pildes Jan 1995

Reinventing The Regulatory State, Cass R. Sunstein, Richard H. Pildes

Articles

No abstract provided.


Putting Women First, Mary I. Coombs Jan 1995

Putting Women First, Mary I. Coombs

Articles

No abstract provided.


Breaking The Cycle Of Despair: Street Children In Guatemala City, Tamara Rice Lave Jan 1995

Breaking The Cycle Of Despair: Street Children In Guatemala City, Tamara Rice Lave

Articles

No abstract provided.


Deception, Self-Deception, And Myth: Evaluating Long-Term Environmental Settlements, William H. Rodgers, Jr. Jan 1995

Deception, Self-Deception, And Myth: Evaluating Long-Term Environmental Settlements, William H. Rodgers, Jr.

Articles

This paper draws upon six famous settlements that are known in various degrees to students of environmental law. Three are a matter of deep history: the 1970 Environmental Defense Fund settlement that led the last manufacturer of DDT in the U.S. to cease discharges into the Los Angeles sewer system and thence into Santa Monica Bay, the Kepone settlement of the mid-70s that followed in the wake of Judge Merhige's initial assessment of a record-breaking criminal fine of $13.24 million, and the Hudson River settlement of the early 1980s in which environmentalists gave up demands for cooling towers on several …


Deception, Self-Deception, And Mythology: The Law Of Salmon In The Pacific Northwest, William H. Rodgers, Jr. Jan 1995

Deception, Self-Deception, And Mythology: The Law Of Salmon In The Pacific Northwest, William H. Rodgers, Jr.

Articles

This paper will present a Puritan Model of the Law of Lies, which is a prominent (but by no means only) model observable in U.S. law. We will then turn to the underpinnings in evolutionary theory of deception and self-deception. We will next apply these concepts to the worlds of salmon law and policymaking, which are marked conspicuously by evidences of deceit. Some conclusions will be offered on how deceit and self-deception are addressed in the law. We will conclude with some distinctions between the laws of deception and self-deception.

For the most part, our deceptions are governed by the …


Security Interests In The Crucible Of Voidable Preference Law, David G. Carlson Jan 1995

Security Interests In The Crucible Of Voidable Preference Law, David G. Carlson

Articles

In this article, Professor David Gray Carlson analyzes the intersection of voidable preference law under 11 U.S.C. § 547 and security interests under Article 9 of the Uniform Commercial Code. The essay purports to articulate the metaphysical assumptions present in this intersection, no matter how rarified and peculiar, because, in this area of law, even the slightest and most fantastic metaphysical presupposition can change results and shift wealth between debtors and creditors. Given the current dearth of unsecured dividends in bankruptcy proceedings, everything turns on whether security interests survive the critique of voidable preference law. In his treatment, Professor Carlson …


A Child's Right To Protection From Transfer Trauma In A Contested Adoption Case, Suellyn Scarnecchia Jan 1995

A Child's Right To Protection From Transfer Trauma In A Contested Adoption Case, Suellyn Scarnecchia

Articles

On August 2, 1993, I arrived at the home of Jan, Robby, and Jessica DeBoer' a few hours before the transfer. At 2:00 P.M. I would carry Jessica out of her home and deliver her to the parents who had won the case,2 her biological mother and father. This task probably would have been easier had I not spent eight days in the trial court listening to the experts explain that this transfer from one set of parents to another would harm Jessica.3 It would have been easier had I not recently obtained affidavits from other experts to persuade the …


Probability And Proof In State V. Skipper: An Internet Exchange, Ronald J. Allen, David J. Balding, Peter Donnelly, Richard D. Friedman, David H. Kaye, Lewis Henry Larue, Roger C. Park, Bernard Robertson, Alexander Stein Jan 1995

Probability And Proof In State V. Skipper: An Internet Exchange, Ronald J. Allen, David J. Balding, Peter Donnelly, Richard D. Friedman, David H. Kaye, Lewis Henry Larue, Roger C. Park, Bernard Robertson, Alexander Stein

Articles

This is not a conventional article. It is an edited version of messages sent to an Internet discussion list. The listings begin with the mention of a recent opinion of the Connecticut Supreme Court, parts of which are reproduced below. The listings soon move to broader issues concerning probability and other formal systems, their limitations, and their uses either in court or as devices for understanding legal proof.


Judging Girls: Decision Making In Parental Consent To Abortion Cases, Suellyn Scarnecchia, Julie Kunce Field Jan 1995

Judging Girls: Decision Making In Parental Consent To Abortion Cases, Suellyn Scarnecchia, Julie Kunce Field

Articles

Judges make determinations on a daily basis that profoundly affect people's lives. On March 28, 1991, the Michigan legislature enacted a statute entitled The Parental Rights Restoration Act (hereinafter "the Michigan Act" or "the Act"). This statute delegated to probate court judges the extraordinary task of deciding whether a minor girl may have an abortion without the consent of a parent. Nothing in law school and little in an average judge's experience provide a meaningful framework for making such a decision. Although many commentators, including the authors, argue that decisions about abortion should be left to the woman regardless of …


Imagining Children's Rights, Suellyn Scarnecchia Jan 1995

Imagining Children's Rights, Suellyn Scarnecchia

Articles

Today, I will tell you some stories about real, live children, whose futures have been determined by our legal system. To speak of children's rights hypothetically, raises images of children suing to go live with their rich uncle or suing to demand a Nintendo system from their parents. I hope that by bringing you stories of the legal system's treatment of real children, you will have a better understanding of what I mean by children's rights and why they must be recognized. Although children's rights have been recognized in limited ways in the areas of free speech, criminal law and …


Opinion Letter As To The Patentability Of Certain Inventions Associated With The Identification Of Partial Cdna Sequences, Rebecca S. Eisenberg, Robert P. Merges Jan 1995

Opinion Letter As To The Patentability Of Certain Inventions Associated With The Identification Of Partial Cdna Sequences, Rebecca S. Eisenberg, Robert P. Merges

Articles

You have asked for our legal opinion on the patentability of inventions claimed in U.S. patent applications 07/716,831, filed June 21, 1991 (the '831 application, or .'831"), 07/837,195, filed September 25, 1992 ("'195"), and 07/952,911, filed February 12, 1993 (."911"), all filed in the name of Craig Venter and others and assigned to the National Institutes of Health "(NIH)." We understand that NIH has abandoned these patent applications and has no present intention of filing similar applications in the future, but that NIH remains interested in the patenting of human DNA sequences from a broader public policy perspective. We have …


The Place Of Caste Under The Civil Rights Laws: From Jim Crow To Same Sex Marriages, Richard A. Epstein Aug 1994

The Place Of Caste Under The Civil Rights Laws: From Jim Crow To Same Sex Marriages, Richard A. Epstein

Articles

No abstract provided.


Controlling Unstable Periodic Orbits In A Nonlinear Optical System: The Ikeda Map, Paul Alsing, Athanasios Gavrielides, Vassilios Kovanis Jul 1994

Controlling Unstable Periodic Orbits In A Nonlinear Optical System: The Ikeda Map, Paul Alsing, Athanasios Gavrielides, Vassilios Kovanis

Articles

With the publication of the seminal paper by Ott, Grebogi and Yorke (OGY) [l] the concept of controlling chaos has become part of the lexicon of physicists and engineers dealing with chaotic nonlinear dynamical systems. The authors showed that by using small, judiciously applied perturbations the unstable periodic orbits, which are dense in a chaotic attractor, could be stabilized. The strength of their approach lies in the absence of the necessity for any a priori analytical model of the chaotic system in order to affect the control. The information required to construct the controlling perturbations can be extracted from experimental …


Pushing The Law To Encompass The Reality Of Our Families: Protecting Lesbian And Gay Families From Eviction From Their Homes - Braschi'S Functional Definition Of Family And Beyond, Paris R. Baldacci Jul 1994

Pushing The Law To Encompass The Reality Of Our Families: Protecting Lesbian And Gay Families From Eviction From Their Homes - Braschi'S Functional Definition Of Family And Beyond, Paris R. Baldacci

Articles

No abstract provided.


The Partial Republican, John O. Mcginnis Jul 1994

The Partial Republican, John O. Mcginnis

Articles

No abstract provided.


Religion And The Search For A Principled Middle Ground On Abortion, Michael W. Mcconnell May 1994

Religion And The Search For A Principled Middle Ground On Abortion, Michael W. Mcconnell

Articles

No abstract provided.


The Legal Regulation Of Genetic Discrimination: Old Responses To New Technology, Richard A. Epstein Jan 1994

The Legal Regulation Of Genetic Discrimination: Old Responses To New Technology, Richard A. Epstein

Articles

No abstract provided.


Reproductive Hazards After Johnson Controls, Mary E. Becker Jan 1994

Reproductive Hazards After Johnson Controls, Mary E. Becker

Articles

No abstract provided.


Of Richard Epstein And Other Radical Feminists, Mary Anne Case Jan 1994

Of Richard Epstein And Other Radical Feminists, Mary Anne Case

Articles

My goal in this discussion is to persuade all members of the Federalist Society that they are or should be feminists. I shall pursue this goal in two ways: first by setting forth an expansive definition of feminist jurisprudence; secondly by showing that anyone who combines the two commitments Richard Epstein urges on feminists-commitments to the descriptive message of sociobiology and to the normative message of libertarianism-must inevitably be, not merely a feminist, but a very radical feminist indeed. In short, feminism is for everyone, especially for Richard Epstein.


The Moral And Practical Dilemmas Of An Underground Economy, Richard A. Epstein Jan 1994

The Moral And Practical Dilemmas Of An Underground Economy, Richard A. Epstein

Articles

No abstract provided.


Caste And The Civil Rights Laws: From Jim Crow To Same-Sex Marriages, Richard A. Epstein Jan 1994

Caste And The Civil Rights Laws: From Jim Crow To Same-Sex Marriages, Richard A. Epstein

Articles

No abstract provided.


A Nation At Prayer, A Nation In Hate: Apartheid In South Africa, Tamara Rice Lave Jan 1994

A Nation At Prayer, A Nation In Hate: Apartheid In South Africa, Tamara Rice Lave

Articles

No abstract provided.


Homosexuality And The Constitution, Cass R. Sunstein Jan 1994

Homosexuality And The Constitution, Cass R. Sunstein

Articles

No abstract provided.


Strength In Diversity: Feminist Theoretical Approaches To Child Custody And Same-Sex Relationships, Mary E. Becker Jan 1994

Strength In Diversity: Feminist Theoretical Approaches To Child Custody And Same-Sex Relationships, Mary E. Becker

Articles

No abstract provided.


The Future Of The United Nations Convention On The Law Of The Sea, John R. Stevenson, Bernard H. Oxman Jan 1994

The Future Of The United Nations Convention On The Law Of The Sea, John R. Stevenson, Bernard H. Oxman

Articles

No abstract provided.