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The Christian Novelist In An Age Of Transition: A Case Study, Eamon Maher Jan 1993

The Christian Novelist In An Age Of Transition: A Case Study, Eamon Maher

Articles

At the present time in France, organized religion has largely lost its popular appeal. A centuries-old tradition of secularism has replaced God in the hearts of many. It is not therefore surprising that the 'Catholic novel' in its best-known form that of the thirties, when Bernanos and Mauriac wrote their greatest novels is no longer being written by contemporary novelists. That sort of novel simply does not reflect the current spiritual crisis in French society. But there are some writers, and Jean Sulivan (1913-1980 is a600g them, who do portray the human need of and quest for a divine presence …


On Telling Stories In School: A Reply To Farber And Sherry, Richard Delgado Jan 1993

On Telling Stories In School: A Reply To Farber And Sherry, Richard Delgado

Articles

No abstract provided.


The Case Of The Speluncean Explorers: Contemporary Proceedings, Naomi R. Kahn, John O. Calmore, Mary I. Coombs, Dwight L. Greene, Geofrey C. Miller, Jeremy Paul, Laura W. Stein Jan 1993

The Case Of The Speluncean Explorers: Contemporary Proceedings, Naomi R. Kahn, John O. Calmore, Mary I. Coombs, Dwight L. Greene, Geofrey C. Miller, Jeremy Paul, Laura W. Stein

Articles

No abstract provided.


Your Money Or Your Life: A Modest Proposal For Mandatory Pro Bono Services, Mary I. Coombs Jan 1993

Your Money Or Your Life: A Modest Proposal For Mandatory Pro Bono Services, Mary I. Coombs

Articles

No abstract provided.


Telling The Victim's Story, Mary I. Coombs Jan 1993

Telling The Victim's Story, Mary I. Coombs

Articles

No abstract provided.


Impoverished Practices, Anthony V. Alfieri Jan 1993

Impoverished Practices, Anthony V. Alfieri

Articles

No abstract provided.


Darkness Made Visible: Law, Metaphor, And The Racial Self, D. Marvin Jones Jan 1993

Darkness Made Visible: Law, Metaphor, And The Racial Self, D. Marvin Jones

Articles

No abstract provided.


The Hard Case Of Broadcast Indecency, Lili Levi Jan 1993

The Hard Case Of Broadcast Indecency, Lili Levi

Articles

No abstract provided.


Whiteness And Women, In Practice And Theory: A Reply To Catharine Mackinnon, Martha R. Mahoney Jan 1993

Whiteness And Women, In Practice And Theory: A Reply To Catharine Mackinnon, Martha R. Mahoney

Articles

No abstract provided.


In A World Not Their Own: The Adoption Of Black Children, Zanita E. Fenton Jan 1993

In A World Not Their Own: The Adoption Of Black Children, Zanita E. Fenton

Articles

No abstract provided.


The Taming Of The Shrew: The Liberal Attempt To Mainstream Radical Feminist Theory, Jeanne L. Schroeder Oct 1992

The Taming Of The Shrew: The Liberal Attempt To Mainstream Radical Feminist Theory, Jeanne L. Schroeder

Articles

The article critically examines the opposing views of Cass Sunstein and Catharine MacKinnon on pornography and its legal implications, highlighting their divergent definitions and approaches. Sunstein advocates for a narrow, violence-focused antipornography legislation, while MacKinnon pushes for a broader definition that encompasses gender subordination. The analysis reveals how Sunstein's critique of MacKinnon unintentionally weakens feminist challenges to masculinism by separating sexuality from power dynamics. MacKinnon's theory, rooted in a premodern Christian view of sexuality, posits that pornography constructs women as objects, reinforcing gender inequality. The article underscores the tension between legal reform and the deeper structural changes needed to address …


Subject: Object, Jeanne L. Schroeder Sep 1992

Subject: Object, Jeanne L. Schroeder

Articles

The article explores the concept of objectivity in legal theory, examining its complexity and the various ways it is defined and applied. It critiques the left's tendency to associate objectivity with liberalism and masculinity, while highlighting the right's defense of subjectivity. The analysis emphasizes the need for a nuanced understanding of objectivity's forms and implications in legal discourse.


Bioethics And The Family: The Cautionary View From Family Law, Carl E. Schneider Jul 1992

Bioethics And The Family: The Cautionary View From Family Law, Carl E. Schneider

Articles

For many years, the field of bioethics has been specially concerned with how the authority to make medical decisions should be allocated between doctor and patient. Today the patient's power-indeed, the patient's right-is widely acknowledged, at least in principle. But this development can hardly be the last word in our thinking about how medical decisions should be made. For one thing, sometimes patients cannot speak for themselves. For another, patients· make medical decisions in contexts that significantly include more participants than just the patient and doctor. Now, as this conference demonstrates, bioethics is beginning to ask what role the patient's …


The Porcupine's Dilemma: Strategic And Psychological Uncertainty In The Face Of Global Warming, William H. Rodgers, Jr. Jul 1992

The Porcupine's Dilemma: Strategic And Psychological Uncertainty In The Face Of Global Warming, William H. Rodgers, Jr.

Articles

No abstract provided.


The Channelling Function In Family Law, Carl E. Schneider Apr 1992

The Channelling Function In Family Law, Carl E. Schneider

Articles

On an occasion such as this, we are called to step back from our daily work to seek what Justice Holmes called a "liberal view" of our subject. Today, I propose to do so by exploring a function of family law that I believe is basic, that underlies much of family law, that resonates with the deepest purposes of culture but that is rarely addressed expressly-namely, what I call the "channelling function." As I will soon explain at length, in the channelling function the law recruits, builds, shapes, sustains; and promotes social institutions. My exploration of this topic will have …


A View From The Box: The Law Professor As Juror, Richard H. Mcadams Jan 1992

A View From The Box: The Law Professor As Juror, Richard H. Mcadams

Articles

No abstract provided.


Plea Bargaining As Compromise, Frank H. Easterbrook Jan 1992

Plea Bargaining As Compromise, Frank H. Easterbrook

Articles

No abstract provided.


Gender Is For Nouns, Richard A. Epstein Jan 1992

Gender Is For Nouns, Richard A. Epstein

Articles

No abstract provided.


Relative Preferences, Richard H. Mcadams Jan 1992

Relative Preferences, Richard H. Mcadams

Articles

No abstract provided.


Biology, Difference, And Gender Discrimination, David A. Strauss Jan 1992

Biology, Difference, And Gender Discrimination, David A. Strauss

Articles

No abstract provided.


Justice Blackmun And Individual Rights, Diane P. Wood Jan 1992

Justice Blackmun And Individual Rights, Diane P. Wood

Articles

No abstract provided.


The Radical Feminist Critique Of Sex And Reason, Richard A. Posner Jan 1992

The Radical Feminist Critique Of Sex And Reason, Richard A. Posner

Articles

No abstract provided.


Intellectual Voyeurism In Legal Scholarship, Brian Leiter Jan 1992

Intellectual Voyeurism In Legal Scholarship, Brian Leiter

Articles

No abstract provided.


Identifying The Best Interests Of The Child In Protection Proceedings: Nine Guidelines For The Child Advocate., Donald N. Duquette Jan 1992

Identifying The Best Interests Of The Child In Protection Proceedings: Nine Guidelines For The Child Advocate., Donald N. Duquette

Articles

Increasingly, judges appoint court appointed special advocates (CASAs) to represent children in child abuse and neglect proceedings. Like lawyers, CASAs are charged with looking out for the "best interests" of the child. Unfortunately, although the phrase "best interests" sounds noble, it provides little practical guidance for the child advocate.


Standards Of Persuasion And The Distinction Between Fact And Law, Richard D. Friedman Jan 1992

Standards Of Persuasion And The Distinction Between Fact And Law, Richard D. Friedman

Articles

The invitation to respond in these pages to Gary Lawson's very interesting article, Proving the Law, was tempting enough. But what made it irresistible was Professor Lawson's comment that he is "addressing, with a brevity that borders on the irresponsible, subjects well beyond [his] depth." Now, that's the kind of debate I really like. Let me jump right in. A principal question raised by Lawson, which I find quite interesting, may be phrased in general, and purposefully ambiguous, terms as follows: Before an actor treats a proposition as a valid2 proposition of law, what standard of persuasion should that proposition …


Infinite Strands, Infinitesimally Thin: Storytelling, Bayesianism, Hearsay And Other Evidence, Richard D. Friedman Jan 1992

Infinite Strands, Infinitesimally Thin: Storytelling, Bayesianism, Hearsay And Other Evidence, Richard D. Friedman

Articles

David Schum has long been one of our keenest commentators on questions of inference and proof. He has been particularly interested in, and illuminating on, the subject of "cascaded," or multi-step, inference.' This is a subject of importance to lawyers, because most evidence at trial can be analyzed in terms of cascaded inference. Usually, the proposition that the fact finder2 might immediately infer from the evidence is not itself an element of a crime, claim, or defense. Most often, an extra inference would be required to jump from that proposition to a proposition that the law deems material. Thus, inference …


Real Jurors' Understanding Of The Law In Real Cases, Alan Reifman, Spencer M. Gusick, Phoebe C. Ellsworth Jan 1992

Real Jurors' Understanding Of The Law In Real Cases, Alan Reifman, Spencer M. Gusick, Phoebe C. Ellsworth

Articles

A survey of 224 Michigan citizens called for jury duty over a 2-month period was conducted to assess the jurors' comprehension of the law they had been given in the judges' instructions. Citizens who served as jurors were compared with a base line of those who were called for duty but not selected to serve, and with those who served on different kinds of cases. Consistent with previous studies of mock jurors, this study found that actual jurors understand fewer than half of the instructions they receive at trial. Subjects who received judges' instructions performed significantly better than uninstructed subjects …


The Burdens Of Educational Loans: The Impacts Of Debt On Job Choice And Standards Of Living For Students At Nine American Law Schools, David L. Chambers Jan 1992

The Burdens Of Educational Loans: The Impacts Of Debt On Job Choice And Standards Of Living For Students At Nine American Law Schools, David L. Chambers

Articles

American law students are borrowing large sums of money. For graduates at many schools, cumulative debts of $40,000 from college and law school have become the norm, and debts of $50,000, $60,000, and even more are common. The sums students are borrowing are much larger today than they were ten years ago, even after adjusting for increases in the cost of living. They have risen at a considerably faster pace than the starting salaries at small law firms and government agencies. They have even risen at a faster pace than the starting salaries in many large firms. The new pattern …


On Remembering Judge Eugene P. Spellman: A Different Vision, Ira J. Kurzban, Irwin P. Stotzky Jan 1992

On Remembering Judge Eugene P. Spellman: A Different Vision, Ira J. Kurzban, Irwin P. Stotzky

Articles

No abstract provided.


Marital Property Rights In Transition, Lawrence W. Waggoner Jan 1992

Marital Property Rights In Transition, Lawrence W. Waggoner

Articles

The subject of "marital property rights" is very timely because those rights are in a state of transition. The term "marital property rights" covers a vast multitude of rights or interests conferred by law on persons who occupy the status of spouse. This lecture is divided into four discrete, yet related segments. The first segment addresses how the law allocates original ownership between spouses in a marriage. The second segment turns to the intestate share of the surviving spouse. This is not a topic that high-powered estate planners get involved in very much because intestate estates are usually fairly small. …