Digital Commons Network^™

Why Kant, George P. Fletcher

Faculty Scholarship

These essays are the outgrowth of a conference on Kantian Legal Theory held at the the Arden Homestead in Harriman, New York, September 26-28, 1986. Some of them are versions of papers originally presented at the conference (Weinrib, Murphy, Finnis, Fletcher); others are a response to the three days of provocative discussion (Richards, Grey, Benson). The underlying premise of the conference was that although philosophers and academic lawyers have devoted considerable attention to Kant's moral theory, very few have written much about Kant's legal theory. I should add: written in English. The recent German literature overflows with books and articles …

Apartheid And The South African Judiciary, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.

New Frontiers: The Expansion Of International Criminal Law, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Child Welfare Decisionmaking: In Search Of The Least Drastic Alternative, Marsha Garrison

Faculty Scholarship

No abstract provided.

Some Thoughts On Scholarship For Beginning Teachers, Mary Kay Kane

Faculty Scholarship

No abstract provided.

Major League Baseball's Monopoly Power And The Negro Leagues, Alfred Dennis Mathewson

Faculty Scholarship

This article argues that the demise of the Negro Leagues was caused by the confluence of several factors. First, the Negro Leagues operated with weak relational contract structures, a condition exacerbated by their over-reliance on star players. Second, and perhaps most important, integration forced the Negro Leagues to compete in a market dominated by the monopoly power of the Major Leagues. By 1922, perhaps earlier, the Major Leagues had acquired a monopoly over the market for White professional baseball players in the United States through its reserve system. Thereafter, the Major Leagues strengthened that monopoly with the development of Branch …

The Immigration Reform Amendments Of 1986: Reform Or Rehash?, Richard A. Boswell

Faculty Scholarship

No abstract provided.

Triangular Lawyer Relationships: An Exploratory Analysis, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Exceptions To The Clearly Erroneous Test After The Recent Amending Of Rule 52(A) For The Review Of Findings Of Fact Based Upon Documentary Evidence, David I. Levine, Hillary J. Salans

Faculty Scholarship

No abstract provided.

The Excessive Fines Clause And Punitive Damages Some Lessons From History, Calvin R. Massey

Faculty Scholarship

No abstract provided.

From The Editor: Working With Facts, Richard A. Danner

Faculty Scholarship

No abstract provided.

The "Contemporaneous" Traders Who Can Sue An Inside Trader, William K.S. Wang

Faculty Scholarship

No abstract provided.

Philadelphia Newspapers V. Hepps: Unanswered Defamation Questions, John L. Diamond

Faculty Scholarship

No abstract provided.

A Lawyer's Privilege Against Self-Incrimination In Professional Disciplinary Proceedings, Geoffrey C. Hazard Jr., Cameron Beard

Faculty Scholarship

No abstract provided.

The Constitutional Right To Jury Trial: A Historical Exception For Small Monetary Claims, Margreth Barrett

Faculty Scholarship

No abstract provided.

Use Of Comparative Risk Methods In Regulatory And Common Law, Michael S. Baram

Faculty Scholarship

Several persistent problems afflict risk decisionmaking. In the regulatory context, agencies confront the problems of how to prioritize risks for best use of their limited resources and how to determine "how safe is safe enough," or a risk limit, when action is to be taken on a particular risk.

In the trial courts hearing toxic tort actions, the jury must often determine whether an activity is "unreasonably dangerous" or a product is "defective" because of its risk attributes.

To resolve these problems, many have proposed the use of risk comparisons. Now that we can quantify risks, why not compare them …

Protecting The Liberty Of Pregnant Patients, George J. Annas

Faculty Scholarship

We are seeing the beginning of an alliance between physicians and the state to force pregnant women to follow medical advice for the sake of their fetuses. No irreversible commitments to such an alliance have yet been made, but only a principled discussion of the issues is likely to prevent forced treatment from becoming standard medical practice.

In her futuristic novel The Handmaid's Tale, Margaret Atwood envisions a world in which physicians and the state combine to strip fertile women of all human rights. These women come to view themselves as "two-legged wombs, that's all; sacred vessels, ambulatory chalices." …

Basics Of Business Reorganization In Bankruptcy, Steven L. Schwarcz

Faculty Scholarship

In this article, Steven Schwarcz offers an overview of Chapter 11 bankruptcy. In addition to beginning a Chapter 11 case, he also discusses administration of these cases and the plan of reorganization that a debtor must consider.

Democracy, Autonomy, And Values: Some Thoughts On Religion And Law In Modern America, Frederick Mark Gedicks, Roger Hendrix

Faculty Scholarship

No abstract provided.

Pyrrhic Victory: Daniel Goldman's Defeat Of Zoning In The Maryland Court Of Appeals, Garrett Power

Faculty Scholarship

Nowadays government regulation of the use of urban land is taken for granted. Such was not always the case. Some sixty years ago, the Maryland Court of Appeals held it unconstitutional for Zoning Commissioner J. Frank Crowther to deny a request for a permit to operate a tailor shop in the basement of a Eutaw Place home. This paper examines the case of Goldman v. Crowther. Goldman's story reads like a comic melodrama with a tragic ending. But the saga also illuminates the social condition - it sheds light and casts shadows on the practice of xenophobia, the nature …

Introduction To Rico, Joseph Sweeney

Faculty Scholarship

No abstract provided.

Note, Internationalizing The Copyright Code: An Analysis Of Legislative Proposals Seeking Adherence To The Berne Convention, Doriane Lambelet Coleman

Faculty Scholarship

No abstract provided.

From The Editor: Books About Statutes, Richard A. Danner

Faculty Scholarship

No abstract provided.

From The Editor: Public Access To The Law, Richard A. Danner

Faculty Scholarship

No abstract provided.

From The Editor: Reading Legal Research, Richard A. Danner

Faculty Scholarship

No abstract provided.

Reviving Republicanism, H. Jefferson Powell

Faculty Scholarship

No abstract provided.

The Idea Of The Constitution As Hard Law, William W. Van Alstyne

Faculty Scholarship

The "idea" of the Constitution is generally thought to be well declared in the famous rhetoric of its Preamble.

Comments On Standards Of Judicial Review, William W. Van Alstyne

Faculty Scholarship

No abstract provided.

Legal Fiction, James Boyle

Faculty Scholarship

No abstract provided.

Teaching Values: A Dilemma, Katharine T. Bartlett

Faculty Scholarship

No abstract provided.