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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gendered power dynamics in property theory and advocates for a feminist reimagining of property that transcends outdated metaphors.


Response To Clark Freshman, Were Patricia Williams And Ronald Dworkin Separated At Birth?, Richard A. Posner Oct 1995

Response To Clark Freshman, Were Patricia Williams And Ronald Dworkin Separated At Birth?, Richard A. Posner

Articles

No abstract provided.


Grace Is Everywhere, Eamon Maher Sep 1995

Grace Is Everywhere, Eamon Maher

Articles

Marerial reproduced by kind permission of Doctrine and Life.


Reforming Cocaine Sentencing: The New Commission Speaks, David Yellen Jul 1995

Reforming Cocaine Sentencing: The New Commission Speaks, David Yellen

Articles

No abstract provided.


Freedom And Criminal Responsibility In The Age Of Pound: An Essay On Criminal Justice, Thomas A. Green Jun 1995

Freedom And Criminal Responsibility In The Age Of Pound: An Essay On Criminal Justice, Thomas A. Green

Articles

The concept of freedom has two main aspects: political liberty and freedom of the will. I am concerned here with the latter, although - as these two aspects of freedom are not entirely unrelated to each other - I shall touch also on the former. Enough has been written from a philosophical perspective on the relationship between free will and the law that it is not easy to justify yet another such undertaking. But there may still be room for some informal observations on the manner in which doubts about the concept of freedom of the will affected discussion of …


On The Duties And Rights Of Parents, Carl E. Schneider May 1995

On The Duties And Rights Of Parents, Carl E. Schneider

Articles

The law of the family is the law of the absurd. Law is a system of rules administered institutionally, and thus it must treat people categorically. When law regulates economic life, it finds people at arguably their most schematic, motivated-perhaps-by a relatively unitary conception of their interest pursued in relatively rational ways. But in family life, people are at their least schematic and at their most frustratingly human, various, idiosyncratic, irrational, and perverse, and the law's efforts to affect them are thus often quixotic. In Parents as Fiduciaries, 1 Professor Scott and Dean Scott strikingly and boldly deploy the …


If Everything Is Adhd Then...Teachers' Confusion Of Adhd With Other Disorders, M. Ortolani, Morton Isaacs, Virginia Costenbader Apr 1995

If Everything Is Adhd Then...Teachers' Confusion Of Adhd With Other Disorders, M. Ortolani, Morton Isaacs, Virginia Costenbader

Articles

The ability of Special Education teachers (SET) and Regular Education teachers (RET) to accurately identify and distinguish the characteristics of Attention Deficit Hyperactivity Disorder (ADHD) from those of other childhood behavior disorders was examined. Both SET and RET teachers were able to identify a majority of ADHD characteristics ; however, both groups were poor in differentiating ADHD characteristics from those of other disorders, with SET showing more incorrect assignment of problem behavior than RET (p<.01). Neither pre-service nor in-service training correlated significantly with the ability to accurately identify ADHD characteristics. The general lack of skill in the discrimination of ADHD from other behavior problems by both SET and RET teachers strongly suggests the need for better pre-service or in-service training.


Debt Collection As Rent Seeking, David G. Carlson Apr 1995

Debt Collection As Rent Seeking, David G. Carlson

Articles

The article presents an economic theory of debt collection, arguing that it can be viewed as a form of rent-seeking behavior where creditors extract wealth without adding economic value. The author, David Gray Carlson, posits that legal frameworks such as Article 9 of the Uniform Commercial Code and bankruptcy laws are crucial in preventing local monopolies and promoting a competitive national credit market. These mechanisms reduce information asymmetry and prevent local creditors from exploiting debtors, thereby benefiting debtors and fostering economic efficiency.


Reading One Poet In Light Of Another: Herbert And Frost, James Boyd White Mar 1995

Reading One Poet In Light Of Another: Herbert And Frost, James Boyd White

Articles

In this paper I wish both to draw certain connections between Herbert and Frost and at the same time to say something in a general way about the process by which such connections can be made. It is with the latter question that I begin. Once the relation between two writers would have been thought of mainly in terms of "influence." And one might indeed argue that Herbert did have significant influence on Frost's poetic practice — if not directly, for Frost was not a great reader of Herbert, then indirectly, through Emerson, who was in many ways Frost's master …


Two Challenges For Feminist Thought, Richard A. Epstein Jan 1995

Two Challenges For Feminist Thought, Richard A. Epstein

Articles

No abstract provided.


The Status-Production Sideshow: Why The Antidiscrimination Laws Are Still A Mistake, Richard A. Epstein Jan 1995

The Status-Production Sideshow: Why The Antidiscrimination Laws Are Still A Mistake, Richard A. Epstein

Articles

No abstract provided.


What The Civil Rights Movement Was And Wasn't, Cass R. Sunstein Jan 1995

What The Civil Rights Movement Was And Wasn't, Cass R. Sunstein

Articles

In this David C. Baum Memorial Lecture on Civil Liberties and Civil Rights, Professor Sunstein begins by noting that participants in the civil rights movement were often backward looking and even conservative, invoking commitments from the nation's past and arguing against reliance on the judiciary and the Supreme Court. They stressed above all two time-honored liberal principles: freedom from desperate conditions and opposition to caste. It is wrong to say (as many now do) that the movement was founded on a principle of race neutrality, and also wrong to say (as some now do) that the movement was opposed to …


The Regulation Of Social Meaning, Lawrence Lessig Jan 1995

The Regulation Of Social Meaning, Lawrence Lessig

Articles

No abstract provided.


Disaggregating Gender From Sex And Sexual Orientation: The Effeminate Man In The Law And Feminist Jurisprudence, Mary Anne Case Jan 1995

Disaggregating Gender From Sex And Sexual Orientation: The Effeminate Man In The Law And Feminist Jurisprudence, Mary Anne Case

Articles

No abstract provided.


An Economic Analysis Of Mary Carter Settlement Agreements, Lisa Bernstein, Daniel Klerman Jan 1995

An Economic Analysis Of Mary Carter Settlement Agreements, Lisa Bernstein, Daniel Klerman

Articles

No abstract provided.


Cooperation And Conflict: The Economics Of Group Status Production And Race Discrimination, Richard H. Mcadams Jan 1995

Cooperation And Conflict: The Economics Of Group Status Production And Race Discrimination, Richard H. Mcadams

Articles

No abstract provided.


Judicial Biography, Richard A. Posner Jan 1995

Judicial Biography, Richard A. Posner

Articles

No abstract provided.


Surrogacy: The Case For Full Contractual Enforcement, Richard A. Epstein Jan 1995

Surrogacy: The Case For Full Contractual Enforcement, Richard A. Epstein

Articles

No abstract provided.


Are Values Incommensurable, Or Is Utility The Ruler Of The World?, Richard A. Epstein Jan 1995

Are Values Incommensurable, Or Is Utility The Ruler Of The World?, Richard A. Epstein

Articles

No abstract provided.


Imagery And Adjudication In The Criminal Law: The Relationship Between Images Of Criminal Defendants And Ideologies Of Criminal Law In Southern Antebellum And Modern Appellate Decisions, Bernard E. Harcourt Jan 1995

Imagery And Adjudication In The Criminal Law: The Relationship Between Images Of Criminal Defendants And Ideologies Of Criminal Law In Southern Antebellum And Modern Appellate Decisions, Bernard E. Harcourt

Articles

No abstract provided.


Problems With Rules, Cass R. Sunstein Jan 1995

Problems With Rules, Cass R. Sunstein

Articles

Many of the most difficult issues in law involve the choice between rules and rulelessness in cases where both seem unacceptable. The principal goal of this Article is to point the way toward a more refined understanding of the ideal of the rule of law, one that sees a degree of particularity, and a degree of law-making at the point of application, as important parts of that ideal. The Article defends a form of casuistry and describes the potentially democratic foundations of the casuistical enterprise in law. It begins by describing the distinctive advantages of rules and law via rules, …


Double Binds Facing Mothers In Abusive Families: Social Support Systems, Custody Outcomes, And Liability For Acts Of Others, Mary E. Becker Jan 1995

Double Binds Facing Mothers In Abusive Families: Social Support Systems, Custody Outcomes, And Liability For Acts Of Others, Mary E. Becker

Articles

No abstract provided.


Introduction Feature: Right After Communism: Introduction, Cass R. Sunstein Jan 1995

Introduction Feature: Right After Communism: Introduction, Cass R. Sunstein

Articles

No abstract provided.


Judicial Waiver Policy And Practice: Persistence, Seriousness And Race, Marcy Rasmussen Podkopacz, Barry C. Feld Jan 1995

Judicial Waiver Policy And Practice: Persistence, Seriousness And Race, Marcy Rasmussen Podkopacz, Barry C. Feld

Articles

One of the most controversial contemporary criminal policy issues is whether serious or chronic young offenders should be tried and sentenced as juveniles or adults. Defining the boundary between juvenile and criminal courts depends upon the answers to a host of inter-related questions: Who are serious juvenile offenders? On the basis of what characteristics are they identified? Who should decide which system will deal with them and why? Does it make any difference, either symbolically or in terms of public safety, whether states try and sentence some youths as juveniles or adults? The diversity of legislative strategies to resolve these …


Strategic Approaches To Crime Prevention, Michael Tonry, David P. Farrington Jan 1995

Strategic Approaches To Crime Prevention, Michael Tonry, David P. Farrington

Articles

No abstract provided.


Judicial Ethics Simulation Based Training, Stephen M. Simon, Maury S. Landsman Jan 1995

Judicial Ethics Simulation Based Training, Stephen M. Simon, Maury S. Landsman

Articles

The Judicial Ethics Education Project trains trial judges to be aware of ethical issues that arise in the trial process. The project employs case simulations that raise ethical and management issues requiring immediate attention during the course of a trial. The goal of the project is to provide sitting judges with a basis on which to make similar decisions during trials. The project grew out of and is incorporated into the Minnesota Judicial Trial Skills Training Program ("MJTSTP") at the University of Minnesota, which was created in 1986 by Professor Steve Simon and Judge Bertrand Portisky and is mandatory for …