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Rethinking Comparative Law: Variety And Uniformity In Ancient And Modern Tort Law, Saul Levmore

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No abstract provided.

Doctrine In A Vacuum: Reflections On What A Law School Ought (And Ought Not) To Be, James Boyd White

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I have written earlier in these pages about the expectations-the fears and hopes-that one can appropriately bring to law school. In this paper I speak to those who are immersed in the process of legal education, on one side of the podium or the other, and wish to say something of what I think it is, and can be, all about.

Madison And Constitutional Equality, Cass R. Sunstein

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No abstract provided.

Pornography And The First Amendment, Cass R. Sunstein

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No abstract provided.

Pornography: Social Science, Legal, And Clinical Perspectives, Cass R. Sunstein, Catharine A. Mackinnon, Cheryl A. Champion, Edward Donnerstein

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No abstract provided.

The Origins Of The Religion Clauses Of The Constitution, Philip B. Kurland

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No abstract provided.

Government Control Of Information, Cass R. Sunstein

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No abstract provided.

Prosecutorial Discretion In Japan: A Response, Daniel H. Foote

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Marsha Goodman's Prosecutorial Discretion in Japan, with its thoroughly researched description of the manner in which that discretion is exercised-including several new case studies-is an important addition to English-language literature on the Japanese legal system and raises numerous interesting issues regarding the Japanese criminal justice system.

Goodman focuses much of her attention on the lengthy battle over the abuse of prosecutorial discretion doctrine in Japan. This discussion provides a fine example of a classic pattern of legal debate in Japan. As in this case, defense counsel familiar with an issue frequently initiate movements for change in criminal procedure standards …

Some Thoughts On Legal Education In Japan, Daniel H. Foote

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This piece is based upon a talk given at the Harvard Law Association of Japan meeting on December 4, 1985, by Daniel H. Foote.

Published in Japanese - English original draft provided.

The Uniform Statutory Rule Against Perpetuities, Lawrence W. Waggoner

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When the National Conference of Commissioners on Uniform State Laws recently approved the Uniform Statutory Rule Against Perpetuities, it may at long last have made perpetuity reform achievable in this country. Coming, as it does, on the heels of the 1981 promulgation of the Restatement (Second) of Property (Donative Transfers), which adopts the same general type of perpetuity reform, and having been unanimously endorsed by the House of Delegates of the American Bar Association, the Board of Regents of the American College of Probate Counsel, and the Board of Governors of the American College of Real Estate Lawyers, the Uniform …

Dancing On The Edge Of Article 9, James J. White

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Despite the fact that Article 9 is a much more comprehensive personal property security statute than was ever found in American law prior to its enactment, cases continue to present issues on the scope of the Article. Gone are the cases in which a court was called upon to determine whether a "conditional sales contract" could be dealt with under the "factor's lien" law; it is now clear that all such personal property security devices are governed by Article 9. Yet many problems remain for the unwary lawyer. I will identify several and deal in detail with three of these …

General Principles Of Civil Law Of The People's Republic Of China (Translation), Whitmore Gray, Henry R. Zheng

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(Adopted April 12, 1986, at the Fourth Session of the Sixth National People's Congress, to take effect on January 1, 1987.)'

Civil Procedure In Brazil, Keith S. Rosenn

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No abstract provided.

Judicial Criticism, James Boyd White

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Today I shall talk about the criticism of judicial opinions, especially of constitutional opinions. This may at first seem to have rather little to do with our larger topic, "The Constitution and Human Values," but I hope that by the end I will be seen to be talking about that subject too. In fact I hope to show that in what I call our "criticism" our "values" are defined and made actual in most important ways.

Finding Simple T-Designs By Using Basis Reduction, Donald Kreher, Stanislaw Radziszowski

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In 1976, Kramer and Mesner observed that finding a t-design with a given automorphism group can be reduced to solving a matrix problem of the form AX=M, X[i]=0 or I, for all i, I < =i=6 and duplicate the results of Leavitt, Kramer and Magliveras [3,10] in substantially shorter time. Furthermore, a new simple 6-design was found using the algorithm described in this paper

Two For The Price Of One With Polaroid Films, Andrew Davidhazy

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How to save money using Polaroid pack films by making smaller pictures on each sheet of film. Useful for testing or for passport picture making.

Alternative Methodologies In Contemporary Jurisprudence: Comments On Dworkin, Philip E. Soper

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I have two brief points to make. Both involve recent developments in jurisprudence, by which I mean by and large the subject that Ronald Dworkin has just been discussing. Indeed, the first point is little more than an acknowledgement of the debt that is owed to Dworkin, not only for his specific contributions to this field, but for the implications of his work for law teaching generally.

What A Sensible Natural Lawyer And A Sensible Utilitarian Agree About And Disagree About: Comments On Finnis, Donald H. Regan

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Before I start, let me say two things. First of all, to the extent that John Finnis is entering a plea for more attention to what is a relatively neglected tradition (in the narrow his message a hundred percent. And you courd learning about the natural law tradition than by reading his book, Natural Law and Natural Rights. My second introductory observation is that Finnis and I agree about many more things than you might expect if you just think of him as a natural law theorist and me as a utilitarian. I am very eccentric as a utilitarian. He …

In Step With The Times: Law Library Keeps Up With Changes In Legal Research, Margaret A. Leary

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Change is constant in legal research. Plucknett's work describes, for example, the modem textbook replacing published case reports as the most important form of legal literature. More recently, A.B.W. Simpson has argued that the law review article has displaced the treatise. Apart from these changes, the law itself has continued to embrace concepts from other disciplines and deal with facts and methodologies of an increasingly technological society.

A Tribute To Professor Leroy S. Merrifield, Theodore J. St. Antoine

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Although I have collaborated with Leroy Merrifield on four editions of a labor law casebook over the past twenty years, and although we have each taught as a visitor at the other's law school, I did not fully appreciate the hidden dimensions of this quiet, unassuming scholar until we spent a day together in early 1986 at EPCOT. To begin with, Leroy had to use all his patient, persistent cajolery to entice me and another academic colleague (who is almost as staid and unbending as I am) to join him, along with our respective spouses, on an expedition to Disney …

Gift, Sale, Payment, Raid: Case Studies In The Negotiation And Classification Of Exchange In Medieval Iceland, William I. Miller

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Near the end of Eyrbyggja saga Porir asks Ospak and his men where they had gotten the goods they were carrying. Ospak said that they had gotten them at Pambardal. "How did you come by them?" said Porir. Ospak answered, "They were not given, they were not paid to me, nor were they sold either." Ospak had earlier that evening raided the house of a farmer called Alf and made away with enough to burden four horses. And this was exactly what he told Porir when he wittily eliminated the other modes of transfer by which he could have acquired …

Protecting Autonomy And Personhood In Human Subjects Research, Helen Leskovac, Richard Delgado

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No abstract provided.

Informed Consent In Human Experimentation: Bridging The Gap Between Ethical Thought And Current Practice, Richard Delgado, Helen Leskovac

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No abstract provided.

Criminal Procedure In A Conservative Age: A Time To Rediscover The Critical Nonconstitutional Issues, Richard Frase

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Criminal procedure is changing fast these days, but teachers of criminal procedure are not. Most of us have probably given considerable thought to the philosophical and doctrinal significance of the Supreme Court's increasingly conservative approach to constitutional issues, but have we thought about the broader pedagogic and professional implications of this major doctrinal shift? For me. the current conservative trend raises fundamental questions about the kinds of issues we should be addressing in our teaching, research, and public service activities. In particular. we need to start asking ourselves whether our traditional heavy emphasis on constitutional issues (which has been going …

Depositions Of Corporations: Problems And Solutions-Fed. R. Civ. P. 30(B)(6), M. Minnette Massey

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No abstract provided.

Antarctica And The New Law Of The Sea, Bernard H. Oxman

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No abstract provided.

Over The Back Fence: Tax Shelters And Other Sales Of Federal Income Tax Reductions, Thomas A. Robinson

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No abstract provided.

Teaching Philosophy Of Law In Law Schools: Some Cautionary Remarks, Patricia D. White

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No abstract provided.

The Three "Theme" Special Rapporteurs Of The Un Commission On Human Rights, David Weissbrodt

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In March 1982, the United Nations Commission on Human Rights initiated the appointment of a Special Rapporteur on Summary or Arbitrary Executions. The Special Rapporteur on Summary or Arbitrary Executions has done far more than merely study that grave human rights problem; he has received complaints about impending and past executions, issued appeals to governments about threatened executions and the need to investigate past killings, and reported publicly on much of his activity. The Commission on Human Rights not only has renewed the Special Rapporteur on Summary or Arbitrary Executions in its subsequent annual sessions, but has followed this precedent …

The Twelve Ways Of Christmas, Harold Willmington

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No abstract provided.