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Remembering The 'Old World' Of Criminal Procedure: A Reply To Professor Grano, Yale Kamisar Jan 1990

Remembering The 'Old World' Of Criminal Procedure: A Reply To Professor Grano, Yale Kamisar

Articles

When I graduated from high school in 1961, the "old world" of criminal procedure still existed, albeit in its waning days; when I graduated from law school in 1968, circa the time most of today's first-year law students were arriving on the scene, the "new world" had fully dislodged the old. Indeed, the force of the new world's revolutionary impetus already had crested. Some of the change that the criminal procedure revolution effected was for the better, but much of it, at least as some of us see it, was decidedly for the worse. My students, however, cannot make the …


Gender And Race Bias Against Lawyers: A Classroom Response, Suellyn Scarnecchia Jan 1990

Gender And Race Bias Against Lawyers: A Classroom Response, Suellyn Scarnecchia

Articles

In reviewing other clinicians' approaches to teaching about bias, I identified problems that eventually led me to design a two-hour class session on bias against lawyers. The following is a review of a few other teaching methods and a description of my own approach, detailing its own strengths and weaknesses. This is not an exhaustive review of all possible approaches to bias. It is offered to promote classroom discussion of bias against lawyers and to invite the development of innovative alternatives to my approach.


Synthesizing Related Rules From Statutes And Cases For Legal Expert Systems, Layman E. Allen, Sallyanne Payton, Charles S. Saxon Jan 1990

Synthesizing Related Rules From Statutes And Cases For Legal Expert Systems, Layman E. Allen, Sallyanne Payton, Charles S. Saxon

Articles

Different legal expert systems may be incompatible with each other: A user in characterizing the same situation by answering the questions presented in a consultation can be led to contradictory inferences. Such systems can be ”synthesized’ to help users avoid such contradictions by alerting them that other relevant systems are available to be consulted as they are responding to questions. An example of potentially incompatible, related legal expert systems is presented here - ones for the New Jersey murder statute and the celebrated Quinlan case, along with one way of synthesizing them to avoid such incompatibility.


Exergy Analysis - A Different Perspective On Energy Part 2: Rational Efficiency And Some Examples Of Energy, Jim Mcgovern Jan 1990

Exergy Analysis - A Different Perspective On Energy Part 2: Rational Efficiency And Some Examples Of Energy, Jim Mcgovern

Articles

The concept of exergy having been introduced in the first part of this paper, a universal rational efficiency is now defined and a number of examples of exergy analyses is given.


Campus Antiracism Rules: Constitutional Narratives In Collision Legal Theory, Richard Delgado Jan 1990

Campus Antiracism Rules: Constitutional Narratives In Collision Legal Theory, Richard Delgado

Articles

No abstract provided.


Non-Sexist Teaching Techniques In Substantive Law Courses, Mary I. Coombs Jan 1990

Non-Sexist Teaching Techniques In Substantive Law Courses, Mary I. Coombs

Articles

No abstract provided.


Brazil's New Constitution: An Exercise In Transient Constitutionalism For A Transitional Society, Keith S. Rosenn Jan 1990

Brazil's New Constitution: An Exercise In Transient Constitutionalism For A Transitional Society, Keith S. Rosenn

Articles

No abstract provided.


Reconstructive Poverty Law Practice: Learning Lessons Of Client Narrative, Anthony V. Alfieri Jan 1990

Reconstructive Poverty Law Practice: Learning Lessons Of Client Narrative, Anthony V. Alfieri

Articles

No abstract provided.


The Politics Of Clinical Knowledge, Anthony V. Alfieri Jan 1990

The Politics Of Clinical Knowledge, Anthony V. Alfieri

Articles

No abstract provided.


Israel And The Palestinians, Gidon A. G. Gottlieb Oct 1989

Israel And The Palestinians, Gidon A. G. Gottlieb

Articles

No abstract provided.


Contingent Fees Without Contingencies: Hamlet Without The Prince Of Demark?, Lester Brickman Oct 1989

Contingent Fees Without Contingencies: Hamlet Without The Prince Of Demark?, Lester Brickman

Articles

According to conventional wisdom virtually all contingent fee percentages exceeding fifty percent are illegal and excessive, but most lower percentages are valid. This Article challenges the conventional wisdom, an amalgam of the unassailability of the standard one-third rate, notions of fairness versus price gouging, lawyer effort versus lawyer' reward, and the right of a lawyer to contract freely for a fee. It advances instead two propositions for determining the legitimacy of contingent fees. The first is that for a contingent fee to be valid, there must be an actual contingency, which means a realistic risk of nonrecovery. Though this proposition …


Entering With A Vengeance: Posner On Law And Literature, Richard H. Weisberg Jul 1989

Entering With A Vengeance: Posner On Law And Literature, Richard H. Weisberg

Articles

The article critiques Richard A. Posner's book Law and Literature: A Misunderstood Relation, arguing that while it offers a comprehensive analysis of law-related literature, it reflects Posner's authoritarian bias and dismisses literature's critical potential to challenge legal authority. Posner's approach is seen as overly deductive and dismissive of literary insights that question legal power structures.


Distributed Detection Of A Signal In Generalized Gaussian Noise, R. Viswanathan, Arif Ansari May 1989

Distributed Detection Of A Signal In Generalized Gaussian Noise, R. Viswanathan, Arif Ansari

Articles

The problem of distributed detection of a signal in incompletely specified noise is considered. The noise assumed belongs to the generalized Gaussian family and the sensors in the distributed network employ the Wilcoxon test. The sensors pass the test statistics to a fusion center, where a hypothesis testing results in a decision regarding the presence or the absence of a signal. Three monotone and admissible fusion center tests are formulated. Restricted numerical evaluation over a certain parameter range of the noise distribution and the range of signal level indicates that these tests yield performances at comparable levels.


On Counting Rules In Distributed Detection, R. Viswanathan, V. Aalo May 1989

On Counting Rules In Distributed Detection, R. Viswanathan, V. Aalo

Articles

A network of n sensors receiving independent and identical observations in RN, regarding certain binary hypotheses, pass their decisions to a fusion center which then decides which one of the two hypotheses is true. We consider the situation where each sensor employs a likelihood ratio test with its own observation and a threshold, which is the same for all the sensors, and the fusion center decision based on k out of n decision rule. The asymptotic (n → ∞) behavior of k out of n rules for finite k and finite n - k are considered. For …


Reaction To Terrorism: A Jewish Law Caveat, J. David Bleich Apr 1989

Reaction To Terrorism: A Jewish Law Caveat, J. David Bleich

Articles

No abstract provided.


An Economic Analysis Of Sex Discrimination Laws, Richard A. Posner Jan 1989

An Economic Analysis Of Sex Discrimination Laws, Richard A. Posner

Articles

No abstract provided.


The Utilitarian Foundations Of Natural Law, Richard A. Epstein Jan 1989

The Utilitarian Foundations Of Natural Law, Richard A. Epstein

Articles

No abstract provided.


Six Theses On Interpretation Symposium, Cass R. Sunstein Jan 1989

Six Theses On Interpretation Symposium, Cass R. Sunstein

Articles

No abstract provided.


Obscuring The Struggle: Sex Discrimination, Social Security, And Stone, Seidman, Sunstein & Tushnet's Constitutional Law Commentary, Mary E. Becker Jan 1989

Obscuring The Struggle: Sex Discrimination, Social Security, And Stone, Seidman, Sunstein & Tushnet's Constitutional Law Commentary, Mary E. Becker

Articles

No abstract provided.


International Jurisdiction In National Legal Systems: The Case Of Antitrust, Diane P. Wood Jan 1989

International Jurisdiction In National Legal Systems: The Case Of Antitrust, Diane P. Wood

Articles

No abstract provided.


The Corporate Contract, Frank H. Easterbrook, Daniel R. Fischel Jan 1989

The Corporate Contract, Frank H. Easterbrook, Daniel R. Fischel

Articles

No abstract provided.


Justice Across The Generations, Richard A. Epstein Jan 1989

Justice Across The Generations, Richard A. Epstein

Articles

No abstract provided.


Parliamentary Law, Majority Decisionmaking, And The Voting Paradox, Saul Levmore Jan 1989

Parliamentary Law, Majority Decisionmaking, And The Voting Paradox, Saul Levmore

Articles

No abstract provided.


Conservative Feminism, Richard A. Posner Jan 1989

Conservative Feminism, Richard A. Posner

Articles

No abstract provided.


Intergovernmental Takings And Just Compensation: A Question Of Federalism, Michael H. Schill Jan 1989

Intergovernmental Takings And Just Compensation: A Question Of Federalism, Michael H. Schill

Articles

No abstract provided.


The Federal Court In Idaho, 1889-1907: The Appointment And Tenure Of James H. Beatty, Idaho's First District Court Judge, Monique C. Lillard Jan 1989

The Federal Court In Idaho, 1889-1907: The Appointment And Tenure Of James H. Beatty, Idaho's First District Court Judge, Monique C. Lillard

Articles

No abstract provided.


Politics, Differences And Economic Rights, Mary E. Becker Jan 1989

Politics, Differences And Economic Rights, Mary E. Becker

Articles

No abstract provided.


An Essay In Separation Of Powers: Some Early Versions And Practices, Gerhard Casper Jan 1989

An Essay In Separation Of Powers: Some Early Versions And Practices, Gerhard Casper

Articles

No abstract provided.


Diagnosis Of The Current Code Of Criminal Procedure, Daniel H. Foote Jan 1989

Diagnosis Of The Current Code Of Criminal Procedure, Daniel H. Foote

Articles

Approximately 35 years have passed since the current Code of Criminal Procedure went into effect, and today the manner in which that Code is interpreted and applied appears nearly stable. In truth, for most of the provisions and systems under the current Code about which there had been many questions of interpretation and application (e.g., interpretation of the provisions concerning hearsay evidence, discovery, exclusion of illegally-obtained evidence, and abuse of the authority to prosecute), some sort of conclusion (ichid no ketsuron) has been reached. In that sense, matters have "stabilized." However, in my view much more deep-seated problems remain unresolved. …


Summary Of Tokugawa Criminal Justice, Daniel H. Foote Jan 1989

Summary Of Tokugawa Criminal Justice, Daniel H. Foote

Articles

The summary set forth below is derived principally from the late Professor Yoshiro Hiramatsu's-comprehensive study of Tokugawa criminal justice. Hiramatsu's work focusses on the period from the promulgation of the Osadamegaki by the Shogun Yoshimune in 1742 through the end of the Tokugawa era in 1867. (As described by Professor Dan F. Henderson, Conciliation and Japanese Law, Tokugawa and Modern (1965), Vol. 1, at 7, fn. 26, the Osadamegaki, which consisted of two books, constituted "a compilation and rough codification of prior decrees and precedents", and "was the only such official attempt to systematize the law in the Tokugawa period." …