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The Jury As Critic: An Empirical Look At How Capital Juries Perceive Expert And Lay Testimony, Scott E. Sundby Jan 1997

The Jury As Critic: An Empirical Look At How Capital Juries Perceive Expert And Lay Testimony, Scott E. Sundby

Articles

No abstract provided.


Defeating Environmental Law: The Geology Of Legal Advantage, William H. Rodgers, Jr. Jan 1997

Defeating Environmental Law: The Geology Of Legal Advantage, William H. Rodgers, Jr.

Articles

My talk today will: (1) introduce the metaphor of geology, (2) suggest to you that complexity has "gainers" as well as "losers," and (3) show you how environmental laws can be defeated by these twin engines of complexity and clever human adversaries.

[Third Annual Lloyd K. Garrison Lecture on Environmental Law.]


Queer Margins, Queer Ethics: A Call To Account For Race And Ethnicity In The Law, Theory, And Politics Of "Sexual Orientation", Francisco Valdes Jan 1997

Queer Margins, Queer Ethics: A Call To Account For Race And Ethnicity In The Law, Theory, And Politics Of "Sexual Orientation", Francisco Valdes

Articles

No abstract provided.


Acts Of Power, Crimes Of Knowledge: Some Observations On Desire, Law And Ideology In The Politics Of Expression At The End Of The Twentieth Century, Francisco Valdes Jan 1997

Acts Of Power, Crimes Of Knowledge: Some Observations On Desire, Law And Ideology In The Politics Of Expression At The End Of The Twentieth Century, Francisco Valdes

Articles

No abstract provided.


Dividends, Noncontractibility, And Corporate Law, William Wilson Bratton Jan 1997

Dividends, Noncontractibility, And Corporate Law, William Wilson Bratton

Articles

No abstract provided.


Latcrit Theory And The Post-Identity Era: Transcending The Legacies Of Color And Coalescing A Politics Of Consciousness, Mary I. Coombs Jan 1997

Latcrit Theory And The Post-Identity Era: Transcending The Legacies Of Color And Coalescing A Politics Of Consciousness, Mary I. Coombs

Articles

No abstract provided.


The Civil Justice Reform Act Conference: A Reporter's View Symposium: Evaluation Of The Civil Justice Reform Act, Carol Rice Andrews Jan 1997

The Civil Justice Reform Act Conference: A Reporter's View Symposium: Evaluation Of The Civil Justice Reform Act, Carol Rice Andrews

Articles

No abstract provided.


Determining Reasonable Charges: A Teaching Hospital Takes On The Federal Government Over Recalculated Graduate Medical Education Expenses (96-1375) Administrative Law, William L. Andreen Jan 1997

Determining Reasonable Charges: A Teaching Hospital Takes On The Federal Government Over Recalculated Graduate Medical Education Expenses (96-1375) Administrative Law, William L. Andreen

Articles

No abstract provided.


Dissociation From Alabama Limited Liability Companies In The Post Check-The-Box-Era, Laurel Wheeling Farrar, Susan Pace Hamill Jan 1997

Dissociation From Alabama Limited Liability Companies In The Post Check-The-Box-Era, Laurel Wheeling Farrar, Susan Pace Hamill

Articles

No abstract provided.


Introduction Symposium On The Relation Between Scholarship And Teaching: Introduction, Richard Delgado Jan 1997

Introduction Symposium On The Relation Between Scholarship And Teaching: Introduction, Richard Delgado

Articles

No abstract provided.


Ethics In The Age Of Entrepreneurship Symposium: Ethical Obligations And Liabilities Arising From Lawyers' Professional Associations, Steven H. Hobbs Jan 1997

Ethics In The Age Of Entrepreneurship Symposium: Ethical Obligations And Liabilities Arising From Lawyers' Professional Associations, Steven H. Hobbs

Articles

No abstract provided.


Towards A Theory Of Law And Entrepreneurship, Steven H. Hobbs Jan 1997

Towards A Theory Of Law And Entrepreneurship, Steven H. Hobbs

Articles

No abstract provided.


Scientology In Court: A Comparative Analysis And Some Thoughts On Selected Issues In Law And Religion, Paul Horwitz Jan 1997

Scientology In Court: A Comparative Analysis And Some Thoughts On Selected Issues In Law And Religion, Paul Horwitz

Articles

No abstract provided.


The Superior Orders Defense In Legal Ethics: Sending The Wrong Message To Young Lawyers, Carol Rice Andrews Jan 1997

The Superior Orders Defense In Legal Ethics: Sending The Wrong Message To Young Lawyers, Carol Rice Andrews

Articles

No abstract provided.


Of Veils And Operators: The Liability Of Parent Corporation For Clearing Up Hazardous Waste At A Site Owned By Its Subsidiary (97-454) Environmental Law, William L. Andreen Jan 1997

Of Veils And Operators: The Liability Of Parent Corporation For Clearing Up Hazardous Waste At A Site Owned By Its Subsidiary (97-454) Environmental Law, William L. Andreen

Articles

No abstract provided.


Form Contracts Under Revised Article 2 (Symposium: Consumer Protection And The Uniform Commercial Code), James J. White Jan 1997

Form Contracts Under Revised Article 2 (Symposium: Consumer Protection And The Uniform Commercial Code), James J. White

Articles

The current draft of section 2-206 in Revised Article 2 of the Uniform Commercial Code ("UCC") entitled "Consumer Contract: Standard Form"1 presents a unique and threatening challenge to the drafters of consumer form contracts. In earlier drafts, one part of the section applied to both to commercial contracts and consumer contracts. It required that "one manifest assent" to any form contract, commercial or consumer, in order for it to be binding.2 Bowing to commercial opposition in the most recent version, the drafters have omitted all reference to commercial contracts. As the section stands, it applies only to consumer contracts.


Black And White (Book Review), Anthony V. Alfieri Jan 1997

Black And White (Book Review), Anthony V. Alfieri

Articles

No abstract provided.


Marriage Today: Legal Consequences For Same Sex And Opposite Sex Couples, David L. Chambers Jan 1997

Marriage Today: Legal Consequences For Same Sex And Opposite Sex Couples, David L. Chambers

Articles

Laws that treat married persons in a different manner than they treat single persons permeate nearly every field of social regulation in this country -- taxation, otrts, evidence, social welfare, inheritance, adoption, and on and on.


Answering The Bayesioskeptical Challenge, Richard D. Friedman Jan 1997

Answering The Bayesioskeptical Challenge, Richard D. Friedman

Articles

In recent years, some scholars of evidence, myself among them, have made active use of subjective probability theory - what is sometimes referred to as Bayesianism - in thinking about issues and problems related to the law of evidence. But, at the same time, this use has been challenged to various degrees and in various ways by scholars to whom I shall apply the collective, if somewhat misleading, label of Bayesioskeptics. I present this brief paper to defend this use of probability theory, and to discuss what I believe is its proper role in discourse about evidentiary issues.


Towards A (Bayesian) Convergence?, Richard D. Friedman Jan 1997

Towards A (Bayesian) Convergence?, Richard D. Friedman

Articles

If I understand them correctly, several leading Bayesioskeptics (Allen, Callen, Stein) acknowledge - with varying degrees of specificity and varying degrees of grudgingness - that standard probability theory can be useful as an analytical tool in considering evidentiary doctrines and the probative value of evidentiary items.


The Jurisprudence Of Yogi Berra, Edward H. Cooper, Grace C. Tonner Jan 1997

The Jurisprudence Of Yogi Berra, Edward H. Cooper, Grace C. Tonner

Articles

Lawrence Peter "Yogi" Berra was born on May 12, 1925, in St. Louis, Missouri, and grew up to become one of baseball's all-time greats. Yogi played nineteen years in the Major Leagues, eighteen with the New York Yankees and one with the New York Mets He has been called the greatest Yankee catcher ever. During his career, Yogi played in a record fourteen World Series and was elected the American League's Most Valuable Player three times. Following his playing career, Yogi managed both the Yankees and the New York Mets, and coached the Yankees, Mets, and Houston Astros. He received …


The A Student Who Gave Up The Law For Baseball, Yale Kamisar Jan 1997

The A Student Who Gave Up The Law For Baseball, Yale Kamisar

Articles

When the head coach of the University of Michigan baseball team resigned suddenly, University officials started looking around for a replacement. Then several people told the Athletic Director about an outstanding candidate in his own backyard. It turned out that a young man who had coached baseball both at Ohio Wesleyan University and Allegheny College and then been a catcher for several major league baseball clubs (before his throwing arm went dead) was a student in the Law School. After receiving glowing reports about the young man (let's call him by his first two initials, W.B.), the Athletic Director offered …


Gluttony, William I. Miller Jan 1997

Gluttony, William I. Miller

Articles

Gluttony does not have the grandeur of pride, the often brilliant strategic meanness of envy and avarice, the glory of wrath. It does manage to gain some small allure by its association with lust, its sexy sibling sin of the flesh. Yet there is something irrevocably unseemly about gluttony, vulgar and lowbrow, self-indulgent in a swinish way. Gluttony is not the stuff of tragedy or epic. Imagine Hamlet too fat to take revenge or Homer making his topic the gluttony of Achilles rather than his wrath. With gluttony, compare pride and anger, sins that mark the grand action of revenge, …


Emphasizing The Constitutional In Constitutional Torts (Symposium On Section 1983), Christina B. Whitman Jan 1997

Emphasizing The Constitutional In Constitutional Torts (Symposium On Section 1983), Christina B. Whitman

Articles

It has been surprisingly difficult to extricate constitutional litigation from torts. In this Article I would like to resist once more' the idea that tort doctrines and tort categories provide a useful model for constitutional decision-making. When it comes to deciding the merits of a constitutional claim, torts is a distraction. That is the case whether torts serves as a positive model for the constitutional cause of action or as an alternative to be shunned. As part of this argument, I also question the claim2 that Monroe v. Pape,3 the 1961 case that opened the door for damages relief under …


Confrontation And The Definition Of Chutzpa, Richard D. Friedman Jan 1997

Confrontation And The Definition Of Chutzpa, Richard D. Friedman

Articles

You may know the standard illustration of chutzpa - the man who kills both his parents and then begs the sentencing court to have mercy on an orphan. In this article, I discuss a case of chutzpa that is nearly as outlandish - the criminal defendant who, having rendered his victim unavailable to testify, contends that evidence of the victim's statement should not be admitted against him because to do so would violate his right to confront her. I contend that in a case like this the defendant should be deemed to have forfeited the confrontation right. On the same …


Needles In The Haystack: Finding New Legal Movements In Casebooks Symposium On The Relation Between Scholarship And Teaching, Jean Stefancic Jan 1997

Needles In The Haystack: Finding New Legal Movements In Casebooks Symposium On The Relation Between Scholarship And Teaching, Jean Stefancic

Articles

No abstract provided.


Medical Malpractice And Managed Care Organizations: The Implied Warranty Of Quality Medical Malpractice: External Influences And Controls: Iv. Malpractice And Managed Care: How Should Tort Law Respond To Changes In The Delivery Of Medical Care, William S. Brewbaker Iii Jan 1997

Medical Malpractice And Managed Care Organizations: The Implied Warranty Of Quality Medical Malpractice: External Influences And Controls: Iv. Malpractice And Managed Care: How Should Tort Law Respond To Changes In The Delivery Of Medical Care, William S. Brewbaker Iii

Articles

No abstract provided.


The Life And Times Of Legal Education In Alabama, 1819-1897: Bar Admissions, Law Schools, And The Profession Alabama Section, Paul M. Pruitt Jr. Jan 1997

The Life And Times Of Legal Education In Alabama, 1819-1897: Bar Admissions, Law Schools, And The Profession Alabama Section, Paul M. Pruitt Jr.

Articles

No abstract provided.


Latino And Latina Critical Theory: An Annotated Bibliography Symposium: Latcrit: Latina/Os And The Law: Policy, Politics &(And) Praxis, Jean Stefancic Jan 1997

Latino And Latina Critical Theory: An Annotated Bibliography Symposium: Latcrit: Latina/Os And The Law: Policy, Politics &(And) Praxis, Jean Stefancic

Articles

No abstract provided.


Are Hate-Speech Rules Constitutional Heresy A Reply To Steven Gey, Richard Delgado Jan 1997

Are Hate-Speech Rules Constitutional Heresy A Reply To Steven Gey, Richard Delgado

Articles

No abstract provided.