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[email protected]: Toward A Critical Theory Of Cyberspace, A. Michael Froomkin Jan 2003

[email protected]: Toward A Critical Theory Of Cyberspace, A. Michael Froomkin

Articles

No abstract provided.


Class And Status In American Law: Race, Interest, And The Anti-Transformation Cases, Martha R. Mahoney Jan 2003

Class And Status In American Law: Race, Interest, And The Anti-Transformation Cases, Martha R. Mahoney

Articles

No abstract provided.


Hard Law, Soft Law, And Non-Law In Multilateral Arms Control: Some Compliance Hypotheses, Richard L. Williamson Jr. Jan 2003

Hard Law, Soft Law, And Non-Law In Multilateral Arms Control: Some Compliance Hypotheses, Richard L. Williamson Jr.

Articles

No abstract provided.


In Defense Of The Search And Seizure Exclusionary Rule (Law And Truth - The Twenty-First Annual National Student Federalist Society Symposium On Law And Public Policy - 2002), Yale Kamisar Jan 2003

In Defense Of The Search And Seizure Exclusionary Rule (Law And Truth - The Twenty-First Annual National Student Federalist Society Symposium On Law And Public Policy - 2002), Yale Kamisar

Articles

think Dean Pye's advice about casebook writing was sound,6 and what he had to say also applies to discussions and debates about such issues as the search and seizure exclusionary rule. We cannot (at least we should not) begin with Mapp v. Ohio. We need a prelude.


Fear And The Regulatory Model Of Counterterrorism, Eric A. Posner Jan 2002

Fear And The Regulatory Model Of Counterterrorism, Eric A. Posner

Articles

No abstract provided.


From Cynicism To Positive Theory In Public Choice, Saul Levmore Jan 2002

From Cynicism To Positive Theory In Public Choice, Saul Levmore

Articles

No abstract provided.


Book Review (Reviewing Sven Lindquist, A History Of Bombing (2001)), Jonathan Masur Jan 2002

Book Review (Reviewing Sven Lindquist, A History Of Bombing (2001)), Jonathan Masur

Articles

No abstract provided.


Probability Neglect: Emotions, Worst Cases, And Law, Cass R. Sunstein Jan 2002

Probability Neglect: Emotions, Worst Cases, And Law, Cass R. Sunstein

Articles

No abstract provided.


Growth And Form: Indian Tribes, Terrorism, And The Durability Of Environmental Law, William H. Rodgers, Jr. Jan 2002

Growth And Form: Indian Tribes, Terrorism, And The Durability Of Environmental Law, William H. Rodgers, Jr.

Articles

My target audience is the body of extraordinary law students here at the Vermont Law School who will define the shape and direction of tomorrow's environmental law. My plan is to derive five virtues of significant achievement—genius, high-leveraging, symbolism, optimism, and courage—and to convince you that the Indian tribes of the United States are fortuitously blessed with these capacities for positive change.

I am obliged to defend my five virtues against the charge that they are "gray" virtues, mere tactics of opportunity open to use by the forces of hatred and destruction as freely as those of nurturing and protection. …


Representational Standing: U.S. Ex Rel. Stevens And The Future Of Public Law Litigation, Myriam E. Gilles Mar 2001

Representational Standing: U.S. Ex Rel. Stevens And The Future Of Public Law Litigation, Myriam E. Gilles

Articles

In May 2000, the Supreme Court handed down its decision in Vermont Agency of Natural Resources v. U.S. ex rel. Stevens, a seemingly predictable 11th Amendment case. In upholding the plaintiff's Article III standing to bring that case, however, the Court suggested a theory of "representational standing" that holds the potential to radically transform the entire body of law governing the ability of private citizens to seek, through the federal courts, the vindication of broadly-held public interests.

Over the past 30 years, the Court's increasingly restrictive standing jurisprudence has effectively precluded private citizens from playing a meaningful role in public …


Catholicism And National Identity In The Works Of John Mcgahern, Eamon Maher Jan 2001

Catholicism And National Identity In The Works Of John Mcgahern, Eamon Maher

Articles

No abstract provided.


Rescue And The War Story, William I. Miller Jan 2001

Rescue And The War Story, William I. Miller

Articles

It is precisely in the domain of rescue that twentieth-century battle has made its peculiar addition to the styles of the heroic.


Reflections On The Fcc's Recent Approach To Structural Regulation Of The Electronic Mass Media, Lili Levi Jan 2000

Reflections On The Fcc's Recent Approach To Structural Regulation Of The Electronic Mass Media, Lili Levi

Articles

No abstract provided.


Understanding The Resemblance Between Modern And Traditional Customary International Law, Eric A. Posner, Jack L. Goldsmith Jan 2000

Understanding The Resemblance Between Modern And Traditional Customary International Law, Eric A. Posner, Jack L. Goldsmith

Articles

No abstract provided.


Introduction Piercing Webs Of Power: Identity, Resistance, And Hope In Latcrit Theory And Praxis, Francisco Valdes Jan 2000

Introduction Piercing Webs Of Power: Identity, Resistance, And Hope In Latcrit Theory And Praxis, Francisco Valdes

Articles

No abstract provided.


Constructing Solidarity: Interest And White Workers, Martha R. Mahoney Jan 2000

Constructing Solidarity: Interest And White Workers, Martha R. Mahoney

Articles

No abstract provided.


Dworkin, Polemics, And The Clinton Impeachment Controversy, Richard A. Posner Jan 1999

Dworkin, Polemics, And The Clinton Impeachment Controversy, Richard A. Posner

Articles

No abstract provided.


Enforcing Family Promises: Reliance, Reciprocity, And Relational Contract, Melanie B. Leslie Jan 1999

Enforcing Family Promises: Reliance, Reciprocity, And Relational Contract, Melanie B. Leslie

Articles

Courts are willing, in commercial contexts, to enforce promises even without consideration when enforcement supports a norm of reciprocity-a norm which recognizes that promises are seldom totally gratuitous, but are often made in furtherance of reciprocal, long-term, trust-based relationships. In this article, Professor Leslie argues that relational contract principles are firmly embedded in wills law. Courts enforce the reciprocity norm in the family context just as they do in commercial contexts; this enforcement is seen, however, not in breach of promise suits, which occur rarely between family members, but rather in will contests. Despite the prevalent ideology of wills law, …


Metropolitanism, Progressivism, And Race, Edward A. Zelinsky Apr 1998

Metropolitanism, Progressivism, And Race, Edward A. Zelinsky

Articles

Professor Zelinsky examines three books on local government. Two of these, Cities Without Suburbs, by David Rusk, and Citistates, by Neal Peirce, call for metropolitanizing the governance of urban areas. Our Town, by David L. Kirp, John P. Dwyer, and Larry A. Rosenthal, explores the Mt. Laurel litigation and its aftermath and suggests that the land use authority of local governments be diminished through court-ordered zoning for low-income housing.

Professor Zelinsky is skeptical of these well-intentioned proposals. The metropolitan governments advocated by Rusk and Peirce would be less responsive than the smaller localities they would replace and less likely to …


Afterword Beyond Sexual Orientation In Queer Legal Theory: Majoritarianism, Multidimensionality, And Responsibility In Social Justice Scholarship Or Legal Scholars As Cultural Warriors, Francisco Valdes Jan 1998

Afterword Beyond Sexual Orientation In Queer Legal Theory: Majoritarianism, Multidimensionality, And Responsibility In Social Justice Scholarship Or Legal Scholars As Cultural Warriors, Francisco Valdes

Articles

No abstract provided.


Professionalisms, Richard A. Posner Jan 1998

Professionalisms, Richard A. Posner

Articles

No abstract provided.


Reply To Critics Of The Problematics Of Moral And Legal Theory, Richard A. Posner Jan 1998

Reply To Critics Of The Problematics Of Moral And Legal Theory, Richard A. Posner

Articles

No abstract provided.


Affirmative Action For The Next Millennium, Richard A. Epstein Jan 1998

Affirmative Action For The Next Millennium, Richard A. Epstein

Articles

No abstract provided.


"We're All Stuck Here For A While": Law And The Social Construction Of The Black Male, D. Marvin Jones Jan 1998

"We're All Stuck Here For A While": Law And The Social Construction Of The Black Male, D. Marvin Jones

Articles

No abstract provided.


Establishing Deliberative Democracy: Moving From Misery To Poverty With Dignity, Irwin P. Stotzky Jan 1998

Establishing Deliberative Democracy: Moving From Misery To Poverty With Dignity, Irwin P. Stotzky

Articles

No abstract provided.


Capital Jury And Absolution: The Intersection Of Trial Strategy Remorse And The Death Penalty, Scott E. Sundby Jan 1998

Capital Jury And Absolution: The Intersection Of Trial Strategy Remorse And The Death Penalty, Scott E. Sundby

Articles

No abstract provided.


The Battle That Never Was: Congress, The White House, And Agency Litigation Authority, Neal Devins, Michael Herz Jan 1998

The Battle That Never Was: Congress, The White House, And Agency Litigation Authority, Neal Devins, Michael Herz

Articles

No abstract provided.


Labor Policy In Late Twentieth Century Capitalism: New Paradoxes For The Democratic State, Daniel J. Gifford Jan 1997

Labor Policy In Late Twentieth Century Capitalism: New Paradoxes For The Democratic State, Daniel J. Gifford

Articles

The enactment of the National Labor Relations Act 1 ("NLRA") in 1935 was an economic and social watershed. The NLRA was the successor to section 7(a) of the National Industrial Recovery Act 2 ("NIRA"), the initial experiment in American corporatist governance. 3 The NLRA gave the United States a radically new labor policy, one dramatically more effective in facilitating union organization than its immediate predecessor. Following the path identified by the predecessor NIRA, which had contemplated a network of industry "codes," labor relations under the NLRA have developed in significant part along industry lines. 4 And until the mid-1960s, the …


The Lawyer's Duties Of Confidentiality And Avoidance Of Harm To Others: Lessons From Sunday School Symposium: The Relevance Of Religion To A Lawyer's Work: An Interfaith Conference: General Responses To The Conference, Steven H. Hobbs Jan 1997

The Lawyer's Duties Of Confidentiality And Avoidance Of Harm To Others: Lessons From Sunday School Symposium: The Relevance Of Religion To A Lawyer's Work: An Interfaith Conference: General Responses To The Conference, Steven H. Hobbs

Articles

No abstract provided.


Coalitions And Quakes: Disaster Relief And Its Prevention, Saul Levmore Jan 1996

Coalitions And Quakes: Disaster Relief And Its Prevention, Saul Levmore

Articles

No abstract provided.