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Minority Law Professors' Lives: The Bell-Delgado Survey, Richard Delgado Jan 1989

Minority Law Professors' Lives: The Bell-Delgado Survey, Richard Delgado

Articles

Presents the results of a survey of job satisfaction among law professors of color Reveals how minority professors reported their experiences within 11 discrete categories including academic freedom institutional climate relations with students and collegial support Concludes that many law professors suffer high levels of stress associated with their work some of it arising from racism and marginalization


God And Gadamer: Politics And Conflict In The Heavenly Family Note, Richard Delgado, John Kidwell Jan 1989

God And Gadamer: Politics And Conflict In The Heavenly Family Note, Richard Delgado, John Kidwell

Articles

No abstract provided.


Are Twelve Heads Better Than One?, Phoebe C. Ellsworth Jan 1989

Are Twelve Heads Better Than One?, Phoebe C. Ellsworth

Articles

Few advocates of the jury system would argue that the average juror is as competent a tribunal as the averagejudge. Whatever competence the jury has is a function of two of its attributes: its number and its interaction. The fact that a jury must be composed of at least six people,' with different backgrounds, experiences, and perspectives, provides some protection against decisions based on an idiosyncratic view of the facts. Not only must the jury include at least six people, but they must be chosen in a manner that conforms to the ideal of the jury as representative of community …


Accommodation And Satisfaction: Women And Men Lawyers And The Balance Of Work And Family, David L. Chambers Jan 1989

Accommodation And Satisfaction: Women And Men Lawyers And The Balance Of Work And Family, David L. Chambers

Articles

This study of graduates of the University of Michigan Law School from the late 1970s reports on the differing ways that women and men have responded to the conflicting claims of work and family. It finds that women with children who have entered the profession have indeed continued to bear the principalr esponsibilitiesf or the care of children, but it alsof inds that these women, with all their burdens, are more satisfied with their careers and with the balance of their family and professional lives than other women and than men.


Legal Affinities, Joseph Vining Jan 1989

Legal Affinities, Joseph Vining

Articles

Not long ago, any question of the kind "How may theology serve as a resource in understanding law?" would have been hardly conceivable among lawyers. When Lon Fuller brought out his first book in 1940, The Law in Quest of Itself, he could think of no better way of tagging his adversary the legal positivist than to note a "parallel between theoretical theology and analytical jurisprudence." Two decades later, in the name of realism, Thurman Arnold dismissed Henry Hart's non-positivist jurisprudence in harsh terms. A master of the cutting phrase, he confidently entitled his attack "Professor Hart's Theology." Two decades …


At-Will Employment: An Overview, Theodore J. St. Antoine Jan 1989

At-Will Employment: An Overview, Theodore J. St. Antoine

Articles

The most dramatic development of the last decade has been the rapid judicial expansion of modifications in at-will employment doctrine.


Capital Punishment: A Disputation, Peter Lushing Jan 1989

Capital Punishment: A Disputation, Peter Lushing

Articles

The article critiques the use of capital punishment, arguing that it is morally flawed, ineffective as a deterrent, and disproportionately applied to marginalized groups. Through a dialogue between a judge and a clerk, it highlights the emotional and societal complexities surrounding the death penalty, ultimately advocating for its abolition in favor of life imprisonment and systemic reforms.


Bad Law Makes Hard Cases: Reflections On Teen-Aged Axe-Murderers, Judicial Activism, And Legislative Default, Barry C. Feld Jan 1989

Bad Law Makes Hard Cases: Reflections On Teen-Aged Axe-Murderers, Judicial Activism, And Legislative Default, Barry C. Feld

Articles

Waiver legislation in Minnesota, as in most other States, typically requires juvenile court judges to make individualized determinations as to a juvenile's amenability to treatment and danger to society as the basis for deciding whether to transfer the juvenile to adult court for disposition. Disposition in adult court allows for a more severe sanction than that permitted under the maximum sentence that can be dispensed in juvenile court. The difficulty and disparity in applying this waiver law lies in the discretion given to juvenile justice judges and the diverse criteria applied in judicial decisionmaking, both in the juvenile court and …


The Right To Counsel In Juvenile Court: An Empirical Study Of When Lawyers Appear And The Difference They Make, Barry C. Feld Jan 1989

The Right To Counsel In Juvenile Court: An Empirical Study Of When Lawyers Appear And The Difference They Make, Barry C. Feld

Articles

No abstract provided.


Is Abandoning State Action Asking Too Much Of The Constitution, Scott E. Sundby Jan 1989

Is Abandoning State Action Asking Too Much Of The Constitution, Scott E. Sundby

Articles

No abstract provided.


Microcomputer Demonstrations In A Mastery-Based Personalized System Of Instruction Course, Morton Isaacs, Roger Harnish Jan 1989

Microcomputer Demonstrations In A Mastery-Based Personalized System Of Instruction Course, Morton Isaacs, Roger Harnish

Articles

The use of demonstrations in a mastery-based Personalized System of Instruction (PSI) Introductory Psychology course is discussed. The specifics of fourteen computer demonstrations in current use is described, as well as how the demonstrations are used to stimulate student involvement in a mastery PSI format.


Response Latencies In A Word Association Test: A New Measuring Method And Its Results, Morton Isaacs Jan 1989

Response Latencies In A Word Association Test: A New Measuring Method And Its Results, Morton Isaacs

Articles

Recording of response delay to stimuli in a word association task to measure emotionality of the stimulus to the subject goes back to Jung (1910) but is still used quite often (Pollio, 1966). However, the measuring methods and devices have been relatively crude, yielding no better than the second discriminations and involving human intervention in the stimulus presentation and measurement process. The current research sought to assess the results of recording response latencies using a microcomputer for presentation of the stimuli and the precision measurements of the latencies. Comparison was then made as to whether significant differences in response latencies …


Family Feud: A Response To Robert Weisberg On Law And Literature, Richard H. Weisberg Dec 1988

Family Feud: A Response To Robert Weisberg On Law And Literature, Richard H. Weisberg

Articles

The article engages in a critical dialogue with Robert Weisberg's work on the intersection of law and literature, particularly his skepticism toward the field's potential for sentimentality and his resistance to the literary text as a primary source of legal insight. The author argues that literature provides a unique lens for understanding the irrationalities and ethical dimensions of legal discourse, challenging Weisberg's dismissal of its value. The article contends that Law and Literature must embrace its subversive potential to critique legal assumptions and institutional language, while also addressing the broader cultural and epistemological challenges facing interdisciplinary scholarship.


Individual Autonomy And Collective Empowerment In Labor Law: Union Membership Resignations And Strikebreaking In The New Economy, David Abraham Dec 1988

Individual Autonomy And Collective Empowerment In Labor Law: Union Membership Resignations And Strikebreaking In The New Economy, David Abraham

Articles

In this Article, Doctor Abraham studies the tensions between individual rights and theories of collective action in the context of union membership resignations and strikebreaking. He argues that recent judicial and executive tendencies to value individual worker autonomy over collective union action are misguided, lacking a basis in both legal precedent and social reality. In support of his view, Abraham first explores the philosophical and historical-sociological roots of labor and labor-capital relations, focusing on the meaning of employment and the history of collective action. Next, he examines the social and legal origins of the judiciary's recent tendency to increase union …


Lawyers And Informal Justice: The Case Of A Public Housing Eviction Board, Richard O. Lempert, Karl Monsma Sep 1988

Lawyers And Informal Justice: The Case Of A Public Housing Eviction Board, Richard O. Lempert, Karl Monsma

Articles

When lawyers think of civil procedure they almost invariably think of the rules of civil procedure and the formality they entail. A course in civil procedure focusing almost exclusively on the Federal Rules of Civil Procedure is in most law schools part of the traditional first-year curriculum. Indeed some would argue that it is at the core of that curriculum, for more than any other first-year course it takes students away from familiar moral anchors and instructs them in a set of distinctively legal practices and values. The ability to manipulate the legal system's rules of procedure is the most …


Modern Republicanism--Or The Flight From Substance, Richard A. Epstein Jan 1988

Modern Republicanism--Or The Flight From Substance, Richard A. Epstein

Articles

No abstract provided.


The Ubiquity Of Prophylactic Rules, David A. Strauss Jan 1988

The Ubiquity Of Prophylactic Rules, David A. Strauss

Articles

No abstract provided.


Walter Blum Tributes, Joseph Isenbergh Jan 1988

Walter Blum Tributes, Joseph Isenbergh

Articles

No abstract provided.


Children And Television Advertising: A Cognitive Development Perspective, Darach Turley, Helen Gallagher Jan 1988

Children And Television Advertising: A Cognitive Development Perspective, Darach Turley, Helen Gallagher

Articles

While the population growth rate in Ireland appears at least temporarily to have ground to a halt, the fact remains that this country will have to cherish and cater for a singularly sizeable children’s market for the next decade. This article begins with a qualitative examination of Irish advertising houses’ views on their respective outputs and target groups. Central to the process of communicating with the children’s market is the need to fully appreciate its heterogeneity. Psychologically speaking the “children’s market” is a misnomer. To this end, a series of questions are administered to a sample of Dublin children to …


Crime In The Stacks, Or A Tale Of A Text: A Feminist Response To A Criminal Law Textbook, Mary I. Coombs Jan 1988

Crime In The Stacks, Or A Tale Of A Text: A Feminist Response To A Criminal Law Textbook, Mary I. Coombs

Articles

No abstract provided.


Aids Testing In The Health Care Setting, James D. Holzhauer Jan 1988

Aids Testing In The Health Care Setting, James D. Holzhauer

Articles

No abstract provided.


Trashing The German Advantage, John H. Langbein Jan 1988

Trashing The German Advantage, John H. Langbein

Articles

No abstract provided.


The Twentieth-Century Revolution In Family Wealth Transmission, John H. Langbein Jan 1988

The Twentieth-Century Revolution In Family Wealth Transmission, John H. Langbein

Articles

No abstract provided.


Adr And The Dispossessed: Recent Books About The Deformalization Movement Symposium On Informal Dispute Resolution, Richard Delgado Jan 1988

Adr And The Dispossessed: Recent Books About The Deformalization Movement Symposium On Informal Dispute Resolution, Richard Delgado

Articles

No abstract provided.


Rights Discourse And Neonatal Euthanasia, Carl E. Schneider Jan 1988

Rights Discourse And Neonatal Euthanasia, Carl E. Schneider

Articles

Hard cases, they say, make bad law. Hard cases, we know, can also make revealing law. Hard cases identify the problems we have not found a way of solving. They reveal ways the law's goals conflict. They force us to articulate our assumptions and to examine our modes of discourse and reasoning. If there was ever a hard case for the law, it is the question of whether, how, and by whom it should be decided to allow newborn children who are severely retarded mentally or severely damaged physically to die. For many years, the law has not had to …


Law And Literature: 'No Manifesto', James Boyd White Jan 1988

Law And Literature: 'No Manifesto', James Boyd White

Articles

With what hopes and expectations should a lawyer turn to the reading of imaginative literature? To books and articles that purport to connect that literature in some way with the law? In particular, is "law and literature" -to which this Symposium is directed-to be thought of as an academic "field" like law and psychiatry, say, or law and economics? If so, what can it purport to teach us? If not, how is it to be thought of?


From Appraisal To Emotion: Differences Among Unpleasant Feelings, Phoebe C. Ellsworth, Craig A. Smith Jan 1988

From Appraisal To Emotion: Differences Among Unpleasant Feelings, Phoebe C. Ellsworth, Craig A. Smith

Articles

Recent research has indicated strong relations between people's appraisals of their circumstances and their emotional states. The present study examined these relations across a range of unpleasant situations in which subjects experienced complex emotional blends. Subjects recalled unpleasant experiences from their pasts that were associated with particular appraisals and described their appraisals and emotions during these experiences. Situations defined by particular appraisals along the human agency or situational control dimensions were reliably associated with different levels of anger, sadness, and guilt, as predicted. However, predicted differences in emotion were not observed for situations selected for appraisals along the certainty or …


Psychiatric And Chemical Dependency Treatment Of Minors: The Myth Of Voluntary Treatment And The Capacity To Consent, Beverly Balos, Ira Schwartz Jan 1988

Psychiatric And Chemical Dependency Treatment Of Minors: The Myth Of Voluntary Treatment And The Capacity To Consent, Beverly Balos, Ira Schwartz

Articles

No abstract provided.


Critical Legal Studies And The Realities Of Race-Does The Fundamental Contradiction Have A Corollary Responses To The Minority Critiques Of The Critical Legal Studies Movement, Richard Delgado Jan 1988

Critical Legal Studies And The Realities Of Race-Does The Fundamental Contradiction Have A Corollary Responses To The Minority Critiques Of The Critical Legal Studies Movement, Richard Delgado

Articles

No abstract provided.


Promise Fulfilled And Principle Betrayed, James J. White Jan 1988

Promise Fulfilled And Principle Betrayed, James J. White

Articles

My responsibility in this paper is to address three questions. (1) How has the legal realist body of thought affected contract law and its application? (2) How will contract law and its application be affected in the future by realist thinking? (3) If the realist viewpoint were fully accepted, what kind of system would result and how would contract law be affected? Because my focus is upon a principal legislative monument to realism, Article Two of the Uniform Commercial Code (the "U.C.C."), and upon its drafter, Karl Llewellyn, I will not answer any of the three questions explicitly. By focusing …