Digital Commons Network^™

Drafting A Constitution: A Friendly Warning To South Africa, Richard A. Epstein

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No abstract provided.

Rationalizing Injustice: The Supreme Court And The Property Tax, John A. Miller

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No abstract provided.

Peirce And Logicism: Notes Towards An Exposition, Susan Haack

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No abstract provided.

Confronting The Ethical Case Against The Ethical Case For Constituency Rights, William Wilson Bratton

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No abstract provided.

Well-Being And The State, Cass R. Sunstein

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No abstract provided.

Information, Please Feature, Cass R. Sunstein

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No abstract provided.

Words, Conduct, Caste, Cass R. Sunstein

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No abstract provided.

Against Positive Rights Feature, Cass R. Sunstein

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No abstract provided.

The Anticaste Principle, Cass R. Sunstein

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No abstract provided.

Lucas V. South Carolina Coastal Council: A Tangled Web Of Expectations, Richard A. Epstein

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No abstract provided.

Conservative Free Speech And The Uneasy Case For Judicial Review, Mary E. Becker

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No abstract provided.

For Justice Marshall, Elena Kagan

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No abstract provided.

Sentencing Commissions And Their Guidelines, Michael Tonry

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Sentencing commissions, administrative agencies charged to develop and promulgate standards for sentencing, were first proposed early in the 1970s and first established in 1978. Of four recent major sentencing reform approaches-the others being parole guidelines, voluntary sentencing guidelines, and statutory determinate sentences-only sentencing commission systems continue to be created. Despite controversies associated with the highly unpopular federal guidelines, commissions and their guidelines have achieved their primary goals. Some commissions have achieved specialized technical competence, have adopted comprehensive policy approaches, and have to a degree insulated policy from short-term political pressures. Guidelines have reduced disparities and gender and sex differences in …

The Law Of Legitimacy: An Instrument Of Procreative Power, Mary Louise Fellows

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The purpose of this Article is to explore how inheritance law, through its reliance on the laws regarding legitimacy, affects the construction of sexuality and procreative power in our society. The crucial importance of female monogamy in a private property regime is well-recognized. It is the only means by which a man can assure himself that his wealth will be inherited by his offspring. The enforcement of female monogamy by men enhances a man’s procreative power because it provides the basis for his claim of paternity.

Traveling The Road Of Probate Reform: Finding The Way To Your Will (A Response To Professor Ascher), Mary Louise Fellows

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In the United States during this century, probate law and practice have undergone significant changes. Some of the changes are attributable to exogenous factors, such as the development of state and federal income and transfer tax systems, the development of a variety of types of insurance and other contractual arrangements, and the transformation of the American family profile. Other changes are attributable to endogenous factors, such as the growing frustration with traditional will formalities.

Criminalizing The American Juvenile Court, Barry C. Feld

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Progressive reformers envisioned a therapeutic juvenile court that made individualized treatment decisions in the child's "best interests." The Supreme Court's Gault decision provided the impetus for transforming the juvenile court from an informal welfare agency into a scaled-down criminal court. Since Gault, the juvenile court procedures increasingly resemble those of adult courts, although in some respects, such as assistance of counsel, juveniles receive less adequate protections. Judicial and legislative changes have altered the juvenile court's jurisdiction over noncriminal status offenders and serious young offenders-as the former are diverted from the system, the latter are transferred to adult criminal courts. Juvenile …

Where Environmental Law And Biology Meet: Of Pandas' Thumbs, Statutory Sleepers, And Effective Law, William H. Rodgers, Jr.

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The purpose of this article is to introduce some of the recent findings of evolutionary biology to the legal community and to urge their consideration in developing a more effective law. As background, Part II of this article will present a brief evolutionary history of our own species.

Part III offers a primer on Darwin's theory of natural selection and the concept of adaptation, with special attention to the elaboration of altruism as it is known in modern biology. Part IV discusses maladaptation as a counterpoise to adaptation and underscores the notion with some stories from natural history on subjects …

Statutory Misinterpretations: A Legal Autopsy, Eric Schnapper

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If the Supreme Court is willing to learn from past mistakes, the Court would find it particularly instructive to re-examine the now quite numerous civil rights decisions which have failed to survive congressional scrutiny. The United States Reports are today littered with the corpses of short-lived opinions purporting to interpret federal anti-discrimination statutes; most were dead on arrival in the bound volumes. October Term 1988 was a veritable Pickett's Charge of conservative misinterpretation. Patterson v. McLean Credit Union briefly displaced and destroyed much of section 1981; Public Employees Retirement System v. Betts temporarily overran parts of the Age Discrimination in …

The Administrative Claim Prerequisite To Suit Against The United States Under The Admiralty Jurisdiction Extension Act, Craig H. Allen

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The Admiralty Jurisdiction Extension Act (AJEA) confers federal admiralty jurisdiction over all causes of action for vessel-caused damage done or consummated on land. In extending admiralty jurisdiction to land-based damage, the Act not only opened admiralty courts to a new class of litigants, it also enlarged the range of possible claims which could be brought against the United States under the Suits in Admiralty Act (SAA) or the Public Vessels Act (PVA). At the same time, however, an important prerequisite to suit against the government was incorporated into the AJEA that is absent from the SAA or PVA: where an …

Challenging The Autonomous Press (Book Review), Lili Levi

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No abstract provided.

Letter To Judge Harry Edwards, James J. White

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Dear Harry: I write to second your statements concerning the disjunction between legal education and the legal profession and also to quibble with you. By examining the faculty, the curriculum, and the research agenda at Michigan, your school and mine, I hope to illustrate the ways in which you are right and to suggest other ways in which you and your clerk informants may be too pessimistic.

Special Effects Photography, Andrew Davidhazy

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Summary of a variety of special effect techniques originally the basis for a special effects section in the Focal Encyclopedia of Photography. Includes things like Sabattier, matte-box, stroboscopic, kaleidoscopic, bas-relief, and many others.

All-Optical Timing Extraction With Frequency Division Using A Twin-Section Laser Diode, Gerald Farrell, Paul Phelan, Joe Hegarty, J. Shields

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All-optical timing extraction from a coded line signal with division of the extracted clock frequency is demonstrated using a single twin-section self-pulsating laser diode. Either the bit-rate clock or a submultiple of the bit-rate clock can be extracted, depending only on the DC biases applied to the self-pulsating laser diode. Timing extraction is carried out for the first time without optical injection locking of the self-pulsating laser diode by the optical data source

On Quasi-Permutation Representations Of Finite Groups, J. M. Burns, Brendan Goldsmith, B. Hartley, R. Sandling

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In [6], Wong defined a quasi-permutation group of degree n to be a finite group G of automorphisms of an n-dimensional complex vector space such that every element of G has non-negative integral trace. The terminology derives from the fact that if G is a finite group of permutations of a set ω of size n, and we think of G as acting on the complex vector space with basis ω, then the trace of an element g ∈ G is equal to the number of points of ω fixed by g. In [6] and [7], Wong studied the extent …

Some Thoughts On Harassment: A Gay Male Perspective, Marc A. Fajer

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No abstract provided.

Purchase Money Under The Uniform Commercial Code, David G. Carlson

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No abstract provided.

Moral Debate And Semantic Sleight Of Hand, J. David Bleich

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No abstract provided.

The 1991 Supreme Court Term: Review And Outlook, John O. Mcginnis

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The 1991 Supreme Court Term was the first during which justices originally appointed by Presidents Ronald Reagan and George Bush-Sandra Day O'Connor, Antonin Scalia, Anthony Kennedy, David Souter, and Clarence Thomas-constituted a majority. The term's main surprise, however, was that this majority of five-indeed, a majority of six when Chief Justice William Rehnquist, elevated to that position by President Reagan precisely because of his judicial philosophy, is included-did not forge a consistent jurisprudential majority characterized by the strict interpretative approach favored by their sponsoring presidents. While, generally speaking, the Court's decisions certainly continued to represent a departure from the expansive …

Catharine's Wheel: Mackinnon's Pornography Analysis As A Return To Traditional Christian Sexual Theory, Jeanne L. Schroeder

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The article argues that Catharine MacKinnon's analysis of pornography and sexuality, while presented as radical feminist theory, ultimately incorporates traditional elements from Christian sexual theory and modern liberalism. MacKinnon's critique of pornography as a mechanism of gender subordination aligns with Augustine's view of sexuality as a loss of subjectivity, where involuntary sexual desire symbolizes the Fall's consequences. Despite her sociopolitical analysis, MacKinnon's failure to recognize these influences and her lack of a positive vision for female subjectivity limit her critique's transformative potential.

Are Laws Against Assisted Suicide Unconstitutional?, Yale Kamisar

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On 15 February of this year, shortly after the number of people Dr. Jack Kevorkian had helped to commit suicide swelled to fifteen, the Michigan legislature passed a law, effective that very day, making assisted suicide a felony punishable by up to four years in prison. The law, which is automatically repealed six months after a newly established commission on death and dying recommends permanent legislation, prohibits anyone with knowledge that another person intends to commit suicide from "intentionally providing the physical means" by which the other person does so or from "intentionally participat[ing] in a physical act" by which …