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Dna, Science And The Law: Two Cheers For The Ceiling Principle, Richard O. Lempert

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The ceiling principle is an intentionally conservative way of estimating the frequency with which individuals who share particular alleles appear in the general population. It establishes frequencies for each allele by taking random samples of 100 individuals from each of 15 to 20 populations and using the largest frequency with which the allele is found in any of these populations or 5 percent, whichever is larger, as an estimate of the allele's frequency in the population of interest. These frequencies are then multiplied to yield an estimate of the likelihood that a randomly selected person would exhibit the same allelic …

Legal Scholarship Today, Richard A. Posner

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No abstract provided.

The Next Generation Of Human-Computer Interfaces: A Psychological Perspective, Morton Isaacs

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Before we can extrapolate to the next generation of human-computer interfaces, a relevant question is "How many generations of human-computer interfaces have there been so far, and what were they?"

In Pursuit Of The Counter-Text: The Turn To The Jewish Legal Model In Contemporary American Legal Theory, Suzanne Last Stone

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Beginning with Professor Robert Cover's Nomos and Narrative, contemporary American legal scholars have increasingly turned, implicitly or more directly, to the Jewish legal tradition as an example of a legal system in which law is defined not by reference to the authority and power of the State, but rather by the commitment of a legal community to voluntarily-accepted legal obligations. These scholars depict the Jewish legal system as having successfully confronted - and resolved - several central dilemmas currently facing American law by maintaining a coherent legal system while accepting behavioral and interpretive pluralism. In this Article, Professor Stone shows …

Lee V. Weisman: A New Age For Establishment Clause Jurisprudence?, Elizabeth Brandt

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No abstract provided.

Irreversibility And The Law: The Size Of Firms And Other Organizations, Saul Levmore

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Monarch, Lackey, Or Judge?, Albert Alschuler

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Couples And Coupling In The Public Sphere: A Comment On The Legal History Of Litigating For Lesbian And Gay Rights, Mary Anne Case

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Some Reflections On The Gender Gap In Employment, Richard A. Epstein

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Objectivity And The Problems Of Jurisprudence (Reviewing Kent Greenawalt, Law And Objectivity (1992)), Brian Leiter

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Determinacy, Objectivity, And Authority, Brian Leiter, Jules L. Coleman

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No abstract provided.

Real Life Moot Court: The University Of Idaho Legal Aid Clinic Appellate Component Benefits Students, Clients, And Court, Maureen Laflin

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Incommensurability And Valuation In Law, Cass R. Sunstein

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The Anticaste Principle, Cass R. Sunstein

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Marriage, Divorce, And The Family: A Cautionary Tale, Judith T. Younger

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Where Environmental Law And Biology Meet: Of Pandas' Thumbs, Statutory Sleepers, And Effective Law, William H. Rodgers, Jr.

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The purpose of this article is to introduce some of the recent findings of evolutionary biology to the legal community and to urge their consideration in developing a more effective law. As background, Part II of this article will present a brief evolutionary history of our own species.

Part III offers a primer on Darwin's theory of natural selection and the concept of adaptation, with special attention to the elaboration of altruism as it is known in modern biology. Part IV discusses maladaptation as a counterpoise to adaptation and underscores the notion with some stories from natural history on subjects …

Challenging The Autonomous Press (Book Review), Lili Levi

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No abstract provided.

Property And Pragmatism: A Critique Of Radin's Theory Of Property And Personhood, Stephen J. Schnably

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Letter To Judge Harry Edwards, James J. White

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Dear Harry: I write to second your statements concerning the disjunction between legal education and the legal profession and also to quibble with you. By examining the faculty, the curriculum, and the research agenda at Michigan, your school and mine, I hope to illustrate the ways in which you are right and to suggest other ways in which you and your clerk informants may be too pessimistic.

Comments On Mary Becker Ira C. Rothgerber Jr. Conference On Constitutional Law - Freedom Of Speech In A World Of Private Power, Richard Delgado

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Are Laws Against Assisted Suicide Unconstitutional?, Yale Kamisar

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On 15 February of this year, shortly after the number of people Dr. Jack Kevorkian had helped to commit suicide swelled to fifteen, the Michigan legislature passed a law, effective that very day, making assisted suicide a felony punishable by up to four years in prison. The law, which is automatically repealed six months after a newly established commission on death and dying recommends permanent legislation, prohibits anyone with knowledge that another person intends to commit suicide from "intentionally providing the physical means" by which the other person does so or from "intentionally participat[ing] in a physical act" by which …

The Romance Of Revenge: Capital Punishment In America, Samuel R. Gross

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On February 17, 1992, Jeffrey Dahmer was sentenced to 15 consecutive terms of life imprisonment for killing and dismembering 15 young men and boys (Associated Press 1992a). Dahmer had been arrested six months earlier, on July 22, 1991. On January 13 he pled guilty to the fifteen murder counts against him, leaving open only the issue of his sanity. Jury selection began two weeks later, and the trial proper started on January 30. The jury heard two weeks of testimony about murder, mutilation and necrophilia; they deliberated for 5 hours before finding that Dahmer was sane when he committed these …

Harry Edward's Nostalgia, Paul D. Reingold

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Until fairly recently, the work of people who thought and wrote about the law in its broadest cultural sense, and the work of those who thought and wrote about the law as it was practiced, did not intersect very much. The broad cultural issues tended to be the province of philosophers or political theorists or other academic social critics, while traditional legal scholarship - as it appeared in law school journals - remained firmly rooted in lawyers' questions. This is not to suggest that legal academics wrote nothing but practice manuals, but it is true that until the last twenty …

James Madison And Public Choice At Gucci Gulch: A Procedural Defense Of Tax Expenditures And Tax Institutions, Edward A. Zelinsky

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Few academic doctrines can claim the intellectual and political success of tax expenditure analysis. In roughly a generation's time, Professor Surrey's procedural and substantive critique of tax subsidies has become entrenched in the law school curriculum and in legal scholarship. More impressively, the tax expenditure concept has been enshrined in federal law and become part of the daily discourse of the national budget process.

The Bar Against Challenges To Employment Discrimination Consent Decrees: A Public Choice Perspective, John O. Mcginnis

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No abstract provided.

The Belief/Conduct Paradigm In The Supreme Court's Free Exercise Jurisprudence: A Theological Account Of The Failure To Protect Religious Conduct, Marci A. Hamilton

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No abstract provided.

Delaware Fiduciary Duty Law After Qvc And Technicolor: A Unified Standard (And The End Of Revlon Duties?), Lawrence A. Cunningham, Charles M. Yablon

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The Delaware Supreme Court's decisions in QVC and Technicolor have redefined the analysis of directors' fiduciary duties in takeover situations by rejecting the fragmented approach of separate duties under Revlon, Unocal, and MacMillan. Instead, these rulings establish a unified standard that combines the duties of care and loyalty under a single obligation of good faith and fair dealing, requiring directors to make reasonably informed judgments. This approach applies enhanced scrutiny to decisions involving sales of control, defensive tactics, and other extraordinary events, ensuring that directors act in the best interests of shareholders while allowing flexibility in their decision-making processes.

Catharine's Wheel: Mackinnon's Pornography Analysis As A Return To Traditional Christian Sexual Theory, Jeanne L. Schroeder

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The article argues that Catharine MacKinnon's analysis of pornography and sexuality, while presented as radical feminist theory, ultimately incorporates traditional elements from Christian sexual theory and modern liberalism. MacKinnon's critique of pornography as a mechanism of gender subordination aligns with Augustine's view of sexuality as a loss of subjectivity, where involuntary sexual desire symbolizes the Fall's consequences. Despite her sociopolitical analysis, MacKinnon's failure to recognize these influences and her lack of a positive vision for female subjectivity limit her critique's transformative potential.

The 1991 Supreme Court Term: Review And Outlook, John O. Mcginnis

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The 1991 Supreme Court Term was the first during which justices originally appointed by Presidents Ronald Reagan and George Bush-Sandra Day O'Connor, Antonin Scalia, Anthony Kennedy, David Souter, and Clarence Thomas-constituted a majority. The term's main surprise, however, was that this majority of five-indeed, a majority of six when Chief Justice William Rehnquist, elevated to that position by President Reagan precisely because of his judicial philosophy, is included-did not forge a consistent jurisprudential majority characterized by the strict interpretative approach favored by their sponsoring presidents. While, generally speaking, the Court's decisions certainly continued to represent a departure from the expansive …

Rodrigo's Seventh Chronicle: Race, Democracy, And The State, Richard Delgado

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Considers how democracy and the state both sit at the root of racism and points out how this is a natural extension of Enlightenment principles Explores the link between freemarket politics individualist competitiveness and racism Suggests moving toward a collectivist form of social organization emphasizing love and human solidarity