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Capital Jury And Absolution: The Intersection Of Trial Strategy Remorse And The Death Penalty, Scott E. Sundby Jan 1998

Capital Jury And Absolution: The Intersection Of Trial Strategy Remorse And The Death Penalty, Scott E. Sundby

Articles

No abstract provided.


Domestic Violence In Black And White: Racialized Gender Stereotypes In Gender Violence, Zanita E. Fenton Jan 1998

Domestic Violence In Black And White: Racialized Gender Stereotypes In Gender Violence, Zanita E. Fenton

Articles

No abstract provided.


"We're All Stuck Here For A While": Law And The Social Construction Of The Black Male, D. Marvin Jones Jan 1998

"We're All Stuck Here For A While": Law And The Social Construction Of The Black Male, D. Marvin Jones

Articles

No abstract provided.


The Stein Years--A Time Of Advancement And Prosperity, Edward S. Adams Jan 1998

The Stein Years--A Time Of Advancement And Prosperity, Edward S. Adams

Articles

When the seven-year administrationof the school's sixth dean,CarlA Auerbach,ended,thenewLawSchoolbuildinghad become a reality, and Dean Auerbach's principal goal was achieved. As Auerbachpassedthe torchto RobertA Stein, how- ever, he did so amid controversy and widespreadfrustration at the Law School with the legislatureregardingbudgets and class size. Stein,atageforty,wasyoung,energetic,andableto achieve the balanceofwhatDeanAuerbach termed "scholarlyattainment with administrativesavvy." As Stein ascended to the ranks of what he describedas "thebest law school deanshipopportunity in the country,"' he was unanimously viewed as an "extremely ener- getic, enthusiasticand responsive man. 2 Chosen because he was perceived by both faculty members and administratorsalike as an open, easygoingperson who was able to …


Should There Be Homosexual Marriage? Is So, Who Should Decide? (Reviewing William N. Eskridge, Jr., The Case For Same-Sex Marriage: From Sexual Liberty To Civilized Commitment (1996)), Richard A. Posner May 1997

Should There Be Homosexual Marriage? Is So, Who Should Decide? (Reviewing William N. Eskridge, Jr., The Case For Same-Sex Marriage: From Sexual Liberty To Civilized Commitment (1996)), Richard A. Posner

Articles

No abstract provided.


Book Review (Reviewing William N. Eskridge, The Case For Same-Sex Marriage: From Sexual Liberty To Civilized Commitment (1996)), Richard A. Posner May 1997

Book Review (Reviewing William N. Eskridge, The Case For Same-Sex Marriage: From Sexual Liberty To Civilized Commitment (1996)), Richard A. Posner

Articles

No abstract provided.


Mediation: The Romantic Days Continue, Lela P. Love May 1997

Mediation: The Romantic Days Continue, Lela P. Love

Articles

No abstract provided.


The Liberty Dimension Of Historic And Contemporary Segregation, James W. Nickel May 1997

The Liberty Dimension Of Historic And Contemporary Segregation, James W. Nickel

Articles

No abstract provided.


Toward The Making Of Good Lawyers: How An Appellate Clinic Satisfies The Professional Objectives Of The Maccrate Report, Maureen Laflin Jan 1997

Toward The Making Of Good Lawyers: How An Appellate Clinic Satisfies The Professional Objectives Of The Maccrate Report, Maureen Laflin

Articles

No abstract provided.


Subrogation And Insurance, With Especial Reference To The Tobacco Litigation, Richard A. Epstein Jan 1997

Subrogation And Insurance, With Especial Reference To The Tobacco Litigation, Richard A. Epstein

Articles

No abstract provided.


The Epistemology Of Admissibility: Why Even Good Philosophy Of Science Would Not Make For Good Philosophy Of Evidence, Brian Leiter Jan 1997

The Epistemology Of Admissibility: Why Even Good Philosophy Of Science Would Not Make For Good Philosophy Of Evidence, Brian Leiter

Articles

No abstract provided.


Is Tobacco A Drug? - Administrative Agencies As Common Law Courts Regulations, Cass R. Sunstein Jan 1997

Is Tobacco A Drug? - Administrative Agencies As Common Law Courts Regulations, Cass R. Sunstein

Articles

Professor Cass Sunstein argues that the FDA has the authority to regulate tobacco products. He considers the text of the Federal Food, Drug, and Cosmetic Act, which supports the FDA assertion, and the context of its enactment, which argues against the FDA. He resolves the tension between text and context in favor of FDA jurisdiction by turning to the emerging role of administrative agencies. In modem government, he contends, administrative agencies have become America's common law courts, with the power to adapt statutory regimes to new facts and new values when the underlying statute is ambiguous. Professor Sunstein's Article, like …


Foreword: Holmes, Richard A. Posner Jan 1997

Foreword: Holmes, Richard A. Posner

Articles

No abstract provided.


Why Quine Is Not A Postmodernist, Brian Leiter Jan 1997

Why Quine Is Not A Postmodernist, Brian Leiter

Articles

No abstract provided.


The Origin, Development, And Regulation Of Norms, Richard H. Mcadams Jan 1997

The Origin, Development, And Regulation Of Norms, Richard H. Mcadams

Articles

No abstract provided.


Comment: Accounting For Norms, Richard H. Mcadams Jan 1997

Comment: Accounting For Norms, Richard H. Mcadams

Articles

No abstract provided.


Constraint And Confession, Albert W. Alschuler Jan 1997

Constraint And Confession, Albert W. Alschuler

Articles

No abstract provided.


Abuse Excuse And Patriarchal Narratives, Mary E. Becker Jan 1997

Abuse Excuse And Patriarchal Narratives, Mary E. Becker

Articles

No abstract provided.


Altruism, Status, And Trust In The Law Of Gifts And Gratuitous Promises, Eric A. Posner Jan 1997

Altruism, Status, And Trust In The Law Of Gifts And Gratuitous Promises, Eric A. Posner

Articles

No abstract provided.


The Problematics Of Moral And Legal Theory, Richard A. Posner Jan 1997

The Problematics Of Moral And Legal Theory, Richard A. Posner

Articles

In these Holmes Lectures, delivered a century after the publication of Oliver Wendell Holmes's great essay The Path of the Law, Judge Posner argues for an essentially Holmesian conception of the proper relations among modern normative moral philosophy ("academic moralism"), morality, and law. Academic moralism, he argues, lacks either the intellectual cogency or the emotional power to change people's beliefs or behavior; the power to do so resides in "moral entrepreneurs," which academic moralists emphatically are not. Academic moralism's lack of cogency disqualifies it to guide judicial decisionmaking even - in fact, especially - in cases involving controversial moral issues, …


Rational Choice, Behavioral Economics, And The Law, Richard A. Posner Jan 1997

Rational Choice, Behavioral Economics, And The Law, Richard A. Posner

Articles

No abstract provided.


Rethinking Legal Realism: Toward A Naturalized Jurisprudence, Brian Leiter Jan 1997

Rethinking Legal Realism: Toward A Naturalized Jurisprudence, Brian Leiter

Articles

No abstract provided.


Conceptions Of Legal Theory: A Response To Ronald Dworkin, Richard A. Posner Jan 1997

Conceptions Of Legal Theory: A Response To Ronald Dworkin, Richard A. Posner

Articles

The editors have kindly invited Professor Sunstein and me to comment on Ronald Dworkin's article In Praise of Theory.' The article is critical of what Dworkin calls the "Chicago School" of "anti-theorists," 2 to which he has consigned both Sunstein and me despite the palpable differences between our views. I do not want to paper over those differences, but I do want to point out that Dworkin has committed the identical error in his criticisms of both of us, as well as mischaracterizing our views. That error is to announce a parochial definition of "theory," then define anyone who does …


How Law Constructs Preferences, Cass R. Sunstein Jan 1997

How Law Constructs Preferences, Cass R. Sunstein

Articles

No abstract provided.


Which Risks First Rethinking Environmental Protection For The 21st Century, Cass R. Sunstein Jan 1997

Which Risks First Rethinking Environmental Protection For The 21st Century, Cass R. Sunstein

Articles

No abstract provided.


Behavioral Analysis Of Law, Cass R. Sunstein Jan 1997

Behavioral Analysis Of Law, Cass R. Sunstein

Articles

No abstract provided.


Incommensurability, Welfare, Economics, And The Law, Richard Craswell Jan 1997

Incommensurability, Welfare, Economics, And The Law, Richard Craswell

Articles

No abstract provided.


Abolish The Juvenile Court: Youthfulness, Criminal Responsibility, And Sentencing Policy, Barry C. Feld Jan 1997

Abolish The Juvenile Court: Youthfulness, Criminal Responsibility, And Sentencing Policy, Barry C. Feld

Articles

The juvenile court system should be abolished and all juvenile offenders should be integrated into the traditional criminal court system. The offenders' age should be taken into account during sentencing. The juvenile court system is a failure because a criminal punishment system cannot also be a social welfare system.


Ethnicity, Crime, And Immigration, Michael Tonry Jan 1997

Ethnicity, Crime, And Immigration, Michael Tonry

Articles

No abstract provided.


Gluttony, William I. Miller Jan 1997

Gluttony, William I. Miller

Articles

Gluttony does not have the grandeur of pride, the often brilliant strategic meanness of envy and avarice, the glory of wrath. It does manage to gain some small allure by its association with lust, its sexy sibling sin of the flesh. Yet there is something irrevocably unseemly about gluttony, vulgar and lowbrow, self-indulgent in a swinish way. Gluttony is not the stuff of tragedy or epic. Imagine Hamlet too fat to take revenge or Homer making his topic the gluttony of Achilles rather than his wrath. With gluttony, compare pride and anger, sins that mark the grand action of revenge, …