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Heidegger And The Theory Of Adjudication, Brian Leiter Jan 1996

Heidegger And The Theory Of Adjudication, Brian Leiter

Articles

No abstract provided.


Twenty Years Of Undergraduate Libraries: Whence And Whither?, Mark Watson, Jody Bales Foote, Roland Person Jan 1996

Twenty Years Of Undergraduate Libraries: Whence And Whither?, Mark Watson, Jody Bales Foote, Roland Person

Articles

Undergraduate libraries as part of university library systems have existed since 1949, but there is little statistical data prior to 1971. This study examines statistics reported since that time, supplemented with electronic mail surveying, to show how such libraries have responded to the changing needs of an undergraduate population. The results show that change, and rapid response to external forces, are hallmarks of undergraduate libraries past and present.


Review Essay: Interrogating Identity, Mary I. Coombs Jan 1996

Review Essay: Interrogating Identity, Mary I. Coombs

Articles

No abstract provided.


Social Norms And Social Roles, Cass R. Sunstein Jan 1996

Social Norms And Social Roles, Cass R. Sunstein

Articles

No abstract provided.


How Free Is Speech At Work?, Mary E. Becker Jan 1996

How Free Is Speech At Work?, Mary E. Becker

Articles

No abstract provided.


The End Of The Line: An Empirical Study Of Judicial Waiver, Marcy Rasmussen Podkopacz, Barry C. Feld Jan 1996

The End Of The Line: An Empirical Study Of Judicial Waiver, Marcy Rasmussen Podkopacz, Barry C. Feld

Articles

Judicial waiver decisions, which affect the most serious or persistent juvenile offenders, require a sentencing policy choice between rehabilitation in juvenile court and punishment in adult criminal court. The judicial waiver policy and processes in Hennepin County MN are analyzed.


Responsible Parents And Good Children, Judith T. Younger Jan 1996

Responsible Parents And Good Children, Judith T. Younger

Articles

No abstract provided.


What About The Children? Are Family Lawyers The Same (Ethically) As Criminal Lawyers? A Morality Play, Robert H. Aronson Jan 1996

What About The Children? Are Family Lawyers The Same (Ethically) As Criminal Lawyers? A Morality Play, Robert H. Aronson

Articles

A fictional account of a lawyer, representing a woman in a divorce case, who learns from her client that her live-in boyfriend has hit her and her five-year-old daughter. Is her ethical duty to protect the child greater than her responsibility to maintain the attorney-client privilege. She discusses the matter with two evidence professors in search of a solution.


Meaning In The Life Of The Lawyer, James Boyd White Jan 1996

Meaning In The Life Of The Lawyer, James Boyd White

Articles

First let me say what a pleasure it is to be here on such an occasion. Dean Kronman is an old and valued friend, and I am very glad to be able to visit your school, of which I have heard many good things. In the remarks that follow I shall respond to Dean Kronman's eloquent and elegiac account of "civility" in our culture, and in the law, not so much by marking agreement or disagreement as by offering a few loosely connected reflections on the topics he raises.


The 'Right To Die': On Drawing (And Erasing) Lines, Yale Kamisar Jan 1996

The 'Right To Die': On Drawing (And Erasing) Lines, Yale Kamisar

Articles

Until this year, no state or federal appellate court had ever held that there was a right to assisted suicide no matter how narrow the circumstances or stringent the conditions. In 1996, however, within the span of a single month, two federal courts of appeals so held; in an 8-3 majority of the Ninth Circuit (sitting en banc) in Compassion in Dying v. Washington and a three-judge panel of the Second Circuit in Quill v. Vacco. What heartened proponents of a right to physician-assisted suicide even more, and pleased those resistant to the idea even less, was that the two …


An Epilogue To The Age Of Pound, Thomas A. Green Jan 1996

An Epilogue To The Age Of Pound, Thomas A. Green

Articles

Doubts about the reality of criminal offenders' autonomy have sometimes played a role in the movement to abolish, or greatly reduce the reach of, the sanction of capital punishment.


Theorists' Belief: A Comment On The Moral Tradition Of American Constitutionalism, Jospeh Vining Jan 1996

Theorists' Belief: A Comment On The Moral Tradition Of American Constitutionalism, Jospeh Vining

Articles

The Moral Tradition of American Constitutionalism is one of those rare works that leads us to face, at the center of law and legal thought, the largest questions about human life and human purpose. There is a special reader's shudder, a certain gestural shift in the chair, reserved for that moment of realizing where one is being led-not to the edge, but to the center, so that the questions become insistent, and whatever we and others say and do in the face of them becomes our response to them.


Images Of Women And Capital Sentencing Among Female Offenders: Exploring The Outer Limits Of The Eight Amendment And Articulated Theories Of Justice Notes, Jenny E. Carroll Jan 1996

Images Of Women And Capital Sentencing Among Female Offenders: Exploring The Outer Limits Of The Eight Amendment And Articulated Theories Of Justice Notes, Jenny E. Carroll

Articles

No abstract provided.


The Sources And Limits Of Freedom Of Religion In A Liberal Democracy: Section 2(A) And Beyond, Paul Horwitz Jan 1996

The Sources And Limits Of Freedom Of Religion In A Liberal Democracy: Section 2(A) And Beyond, Paul Horwitz

Articles

No abstract provided.


Training Teachers Of Distant Learners, Morton Isaacs Jan 1996

Training Teachers Of Distant Learners, Morton Isaacs

Articles

Distance Education increasingly is being utilized as an instructional method within the college environment. It has several advantages, among which are that it enables course participation by *Handicapped persons whose problems of speech, hearing, or movement may make spontaneous interaction with others difficult; *Geographically or temporally isolated persons; *Those whose language differs from that of the instructor; *Instructors who have special knowledge that would otherwise be impractical to teach due to the scattered locations of those interested in the material. However, this method requires instructors to adjust to many factors that have little relevance in traditional teaching methods: *The absence …


Ministatistics For Minitab Release 9.1: A Simple Explanation Of How To Analyze Data Using The Minitab Program On The Rit Vax Computer System, Morton Isaacs Jan 1996

Ministatistics For Minitab Release 9.1: A Simple Explanation Of How To Analyze Data Using The Minitab Program On The Rit Vax Computer System, Morton Isaacs

Articles

No abstract provided.


The Rhythms Of Hope And Disappointment In The Language Of Judging (St. John's University School Of Law: Rededication Symposia), James Boyd White Jan 1996

The Rhythms Of Hope And Disappointment In The Language Of Judging (St. John's University School Of Law: Rededication Symposia), James Boyd White

Articles

I want to talk today about a certain aspect or dimension of the language of judging. From one point of view the quality I mean can be seen as a kind of idealism inherent in legal lan­guage; from another, as a kind of fundamental hypocrisy; from still another, as a simultaneously tragic and comic element in le­gal life.


Tax Transitions, Opportunistic Retroactivity, And The Benefits Of Government Precommitment, Kyle D. Logue Jan 1996

Tax Transitions, Opportunistic Retroactivity, And The Benefits Of Government Precommitment, Kyle D. Logue

Articles

What if the current federal income tax laws were repealed and replaced with a simple flat tax? What if the entire Internal Revenue Code (with its graduated rates and countless deductions, exclusions, and credits) were scuttled in favor of a broad-based consumption tax? Only a few years ago, such proposals would have seemed radical and extremely unlikely to be adopted. But times are changing. Calls for a drastic overhaul of the Internal Revenue Code have become commonplace, even at the highest levels in the tax-policy community. In addition, proposals that would replace the income tax with a flat-rate broad-based consumption …


Bouquets For Jerry Israel, Yale Kamisar Jan 1996

Bouquets For Jerry Israel, Yale Kamisar

Articles

As it turned out, of those asked to write a few words for an issue of the Michigan Law Review honoring Jerry Israel, I was the last to do so. And when I submitted my brief contribution to the Law Review I took the liberty of reading what the four others who paid tribute to Jerry had written. As a result, I feel like the fifth and last speaker at a banquet who listens to others say much of what he had planned to say.


Why Hard Cases Make Good (Clinical) Law, Paul D. Reingold Jan 1996

Why Hard Cases Make Good (Clinical) Law, Paul D. Reingold

Articles

In 1992, when the University of California's Hastings College of Law decided to offer a live-client clinic for the first time, its newly hired director had to make several decisions about what form the program should take.1 The first question for the director was whether the clinic should be a single-issue specialty clinic or a general clinic that would represent clients across several areas of the law. The second question, and the one that will be the focus of this essay, was whether the program should restrict its caseload to "easy" routine cases or also accept non-routine, less controllable litigation. …


Death And Transfiguration: The Myth That The U.C.C. Killed "Property", Jeanne L. Schroeder Jan 1996

Death And Transfiguration: The Myth That The U.C.C. Killed "Property", Jeanne L. Schroeder

Articles

The article examines the evolution of property concepts in legal frameworks, particularly focusing on the Uniform Commercial Code (U.C.C.) and its treatment of title in sales transactions. It argues that while the U.C.C. attempted to shift from traditional notions of property as a unitary right to a more process-oriented approach, it did not fully abandon the underlying imagery of property as a tangible, identifiable object. The analysis critiques the common law's emphasis on title and explores the idea that property should be viewed as a legal relation among subjects rather than a fixed, physical entity. The article proposes a reinterpretation …


The Original Constitution And Our Origins, John O. Mcginnis Jan 1996

The Original Constitution And Our Origins, John O. Mcginnis

Articles

The question why we should be bound by the original Constitution often is framed as why we should be guided by the dead hand of the past. The notion that this venerable document should be viewed as a possibly unfortunate constraint on our present potential as a society contains an implicit premise about man in history. According to this view, it is open to man to make his history in each generation through some collective cultural process. Given such a premise, it seems plausible to believe that each generation should enjoy the opportunity to decide anew whether to submit to …


The Once And Future Property-Based Vision Of The First Amendment, John O. Mcginnis Jan 1996

The Once And Future Property-Based Vision Of The First Amendment, John O. Mcginnis

Articles

The growth of the information superhighway depends not only on technological developments, but also on our society's commitment to the free flow of information. Paradoxically, however, as the digital revolution in telecommunications is bringing the information superhighway into sharp focus, the justifications for contemporary First Amendment jurisprudence are becoming blurred.


Art Speech, Marci A. Hamilton Jan 1996

Art Speech, Marci A. Hamilton

Articles

Although many scholars have been in favor of providing first amendment protection for art, no one has offered a justification for its constitutional protection suited to art's singular capacities. Rather, commentators and courts have been inclined to place art under the rubric of general speech, which limits protection to ideas and content. Professor Hamilton argues that art offers significantly more than its content and deserves first amendment protection tailored to its particular potential. Art enables individuals to experience unfamiliar worlds and thereby to gain new perspectives on the prevailing status quo, including the government's. It performs this function without exposing …


Multiracialism: A Bibliographic Essay And Critique In Memory Of Trina Grillo Dismantling The Master's House: Essays In Memory Of Trina Grillo, Jean Stefancic Jan 1996

Multiracialism: A Bibliographic Essay And Critique In Memory Of Trina Grillo Dismantling The Master's House: Essays In Memory Of Trina Grillo, Jean Stefancic

Articles

No abstract provided.


Rodrigo's Twelfth Chronicle: The Problem Of The Shanty Chronicle, Richard Delgado Jan 1996

Rodrigo's Twelfth Chronicle: The Problem Of The Shanty Chronicle, Richard Delgado

Articles

No abstract provided.


Statutory Rape Laws - Does It Make Sense To Enforce Them In An Increasingly Permissive Society At Issue, Michelle Oberman, Richard Delgado Jan 1996

Statutory Rape Laws - Does It Make Sense To Enforce Them In An Increasingly Permissive Society At Issue, Michelle Oberman, Richard Delgado

Articles

No abstract provided.


Flood Control On The Information Ocean: Living With Anonymity, Digital Cash, And Distributed Databases, A. Michael Froomkin Jan 1996

Flood Control On The Information Ocean: Living With Anonymity, Digital Cash, And Distributed Databases, A. Michael Froomkin

Articles

No abstract provided.


The Fcc, Indecency, And Anti-Abortion Political Advertising, Lili Levi Jan 1996

The Fcc, Indecency, And Anti-Abortion Political Advertising, Lili Levi

Articles

No abstract provided.


Chix Nix Bundle-O-Stix: A Feminist Critique Of The Disaggregation Of Property, Jeanne L. Schroeder Nov 1995

Chix Nix Bundle-O-Stix: A Feminist Critique Of The Disaggregation Of Property, Jeanne L. Schroeder

Articles

Jeanne Schroeder's article critiques the traditional "bundle of sticks" metaphor of property theory, arguing that it erodes property's unity and essence. She integrates insights from Hegel and Lacan to propose a more cohesive understanding of property, emphasizing its role in mediating human interactions and freedom. Schroeder challenges gendered power dynamics in property theory and advocates for a feminist reimagining of property that transcends outdated metaphors.