Digital Commons Network^™

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

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No abstract provided.

Rent Control And The Theory Of Efficient Regulation, Richard A. Epstein

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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.

Market And Regulatory Approaches To Medical Malpractice: The Virginia Obstetrical No-Fault Statute, Richard A. Epstein

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No abstract provided.

Aids Testing In The Health Care Setting, James D. Holzhauer

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No abstract provided.

The Twentieth-Century Revolution In Family Wealth Transmission, John H. Langbein

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No abstract provided.

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 …

Discovery In Labor Arbitration, Laura J. Cooper

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The mere statement of the topic, discovery in labor arbitration, suggests a paradox. Is not the essence of the arbitration process an effort to avoid the procedural complexities that make litigation comparatively slow and costly? More than forty years ago, Learned Hand admonished a litigant distressed with the procedural failings of an arbitration proceeding:

Civil Rule 52(A): Rationing And Rationalizing The Resources Of Appellate Review, Edward H. Cooper

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My text is a single and rather simple sentence from Rule 52(a) of the Federal Rules of Civil Procedure: Findings of fact, whether based on oral or documentary evidence, shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge of the credibility of the witnesses. My theme is equally simple.. Rule 52(a) serves a vital institutional role in allocating the responsibility and the power of decision between district courts and the courts of appeals. The "dearly erroneous" standard of appellate review established by the Rule is a …

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.

A Note On Coslender Groups, R. Dimitric, Brendan Goldsmith

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The notion of a coslender group has been introduced previously by the first author. This work continues the investigation of such groups, defines coslender part of a group, proves embeddability results, gives a characterization of finite rank coslender grops, and proves a result on smooth ascending chains of coslender groups with a conjecture that every countable coslender torsion free group is a smooth ascending union of finite rank coslender pure subgroups.

Rights Discourse And Neonatal Euthanasia, Carl E. Schneider

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Hard cases, they say, make bad law. Hard cases, we know, can also make revealing law. Hard cases identify the problems we have not found a way of solving. They reveal ways the law's goals conflict. They force us to articulate our assumptions and to examine our modes of discourse and reasoning. If there was ever a hard case for the law, it is the question of whether, how, and by whom it should be decided to allow newborn children who are severely retarded mentally or severely damaged physically to die. For many years, the law has not had to …

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?

Representing Children, Donald N. Duquette

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The Child Protection Law, MCLA 722.630, and the Juvenile Court Rules, MCR 5.915 (B)(2), require the Juvenile Court to appoint an attorney for the child in child protection proceedings. Although the child protection law identifies some of the expectations of the child's counsel,t many questions remain. What does it mean to be a good child advocate in these cases? How does one identify the best interests of the children? What is the place of the child's wishes in identifying the goals of the advocate? Beyond the letter of the law, what ought to be the proper role of the child's …

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 …

From Appraisal To Emotion: Differences Among Unpleasant Feelings, Phoebe C. Ellsworth, Craig A. Smith

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Recent research has indicated strong relations between people's appraisals of their circumstances and their emotional states. The present study examined these relations across a range of unpleasant situations in which subjects experienced complex emotional blends. Subjects recalled unpleasant experiences from their pasts that were associated with particular appraisals and described their appraisals and emotions during these experiences. Situations defined by particular appraisals along the human agency or situational control dimensions were reliably associated with different levels of anger, sadness, and guilt, as predicted. However, predicted differences in emotion were not observed for situations selected for appraisals along the certainty or …

A Seed Germinates: Unjust Discharge Reform Heads Toward Full Flower, Theodore J. St. Antoine

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In this paper, I shall briefly review the nature and limitations of the theories most frequently invoked by the courts in dealing with wrongful dismissal. I shall then examine the major arguments for and against a general overhaul of the doctrine of employment at will. Lastly, I shall discuss some of the particular questions that will have to be addressed in fashioning a statutory solution.

Some Aspects Of Householding In The Medieval Icelandic Commonwealth, William I. Miller

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There has been much, mostly inconclusive, discussion about how to define the household in a manner suitable for comparative purposes. Certain conventional criteria are not very useful in the Icelandic context, where it appears that a person could be attached to more than one household, where the laws suggest it was possible for more than one household to be resident in the same uncompartmentalised farmhouse; and where headship might often be shared. Definitions, for example, based on co residence or on commensalism do not jibe all that well with the pastoral transhumance practised by the Icelanders. Sheep were tended and …

Academic Freedom And Academic Values In Sponsored Research, Rebecca S. Eisenberg

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In this Article I examine the traditional American conception of academic freedom and analyze its implications for universities formulating policies on the acceptance of sponsored research. I begin by reviewing the basic policy statements of the American Association of University Professors (AAUP) on academic freedom to identify both the academic values implicit in those statements and the assumptions about institutional relationships and individual incentives underlying their prescriptions for advancing those values. I then evaluate the validity of those underlying assumptions in contemporary sponsored research and argue that academic freedom as traditionally conceived might no longer effectively advance academic values in …

Essentially Indecomposable Modules Which Are Almost Free, Brendan Goldsmith, R. Gobel

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No abstract provided

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 …

The Right To Life During Armed Conflict: Disabled Peoples' International V. United States, David Weissbrodt, Beth Andrus

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Because of persecution, civil war, and economic despair, millions of people flee from their homes and go to live in other countries where they can stabilize their lives and find a safe place for themselves and their families. In 1998, the United Nations High Commissioner for Refugees estimated the number of people fleeing their home countries to exceed 22 million. 1 The right to seek and enjoy asylum is a well established principle in international law. 2 It has, however, been interpreted consistently as the right of the sovereign state to grant or deny asylum to those within its territory, …

A Return To Fourth Amendment Basics: Undoing The Mischief Of Camara And Terry, Scott E. Sundby

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No abstract provided.

Law And Enchantment: The Place Of Belief, Joseph Vining

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The question I wish to raise is whether one must believe what one says when one makes a statement of law. The language of belief that we know, and from which moral discourse and the moral never stray far: do judges, lawyers, law participate in it? Any such question is but an aspect of a larger question, indeed issue, of what we may call the objectivity of legal language. It is raised perhaps most acutely by the broad claims now being made for artificial intelligence and in particular for the computer programming of legal advice (as a species of what …

Optimal Decision Fusion In Multiple Sensor Systems, Stelios C.A. Thomopoulos, R. Viswanathan, Dimitrios C. Bougoulias

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The problem of optimal data fusion in the sense of the Neyman- Pearson (N-P) test in a centralized fusion center is considered. The fusion center receives data from various distributed sensors. Each sensor implements a N-P test individually and independently of the other sensors. Due to limitations in channel capacity, the sensors transmit their decision instead of raw data. In addition to their decisions, the sensors may transmit one or more bits of quality information. The optimal, in the N-P sense, decision scheme at the fusion center is derived and it is seen that an improvement in the performance of …

The Deductibility Of State And Local Taxes: Income Measurement, Tax Expenditures And Partial, Functional Deductibility, Edward A. Zelinsky

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No abstract provided.

On Endomorphism And Automorphisms Of Some Torsion-Free Modules, Brendan Goldsmith

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The relationship between the endomorphism ring and the automorphism group of an abelian p-group has been extensively investigated. It is known that theautomorphism group need not generate the full endomorphism ring. In this paper we investigate the analagous problem for torsion free modules over a complete discrete valuation ring obtaining similar results.

The Proper Scope Of The Commerce Power, Richard A. Epstein

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No abstract provided.

The Constitution In The Supreme Court: Civil Rights And Liberties, 1930-1941, David P. Currie

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This is the latest in Professor Currie's continuing series on the historical development of constitutional doctrine. In this article Professor Currie surveys the major decisions of the Supreme Court between 1930 and 1941 in the area of criminal procedure, civil rights and civil liberties. In the area of criminal procedure, Professor Currie concludes that in deciding what procedures were required or forbidden by due process, historical inquiry was displaced by a fundamental-rights test. In the area of civil liberties, Professor Currie concludes that the Court made modest progress. Finally, Professor Currie concludes that the Court's most important civil liberties work …

The First Amendment Jurisprudence Of Judge Robert H. Bork, Michael W. Mcconnell

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No abstract provided.