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Articles 3961 - 3990 of 4598
Full-Text Articles in Entire DC Network
Putting Sex To Work, Katherine M. Franke
Putting Sex To Work, Katherine M. Franke
Faculty Scholarship
When I was living in New Haven a number of years ago, a miracle happened that drew people by the thousands to witness evidence of the Divine. A crucifix had been found to appear in the body of an oak tree in the middle of Worchester Square. I went – after all, how often do you get to see that kind of thing? Not surprisingly, at first I couldn't see anything but the usual trunk and limbs of a tree. Yet a believer took the time to show me what was really there, something that my untrained eye could not …
The Personhood Argument Against Polygraph Evidence, Or "Even If The Polygraph Really Works, Will Courts Admit The Results?", James R. Mccall
The Personhood Argument Against Polygraph Evidence, Or "Even If The Polygraph Really Works, Will Courts Admit The Results?", James R. Mccall
Faculty Scholarship
No abstract provided.
Character At The Crossroads, Roger C. Park
Foreword, The Legal Profession: The Impact Of Law And Legal Theory, Geoffrey C. Hazard Jr.
Foreword, The Legal Profession: The Impact Of Law And Legal Theory, Geoffrey C. Hazard Jr.
Faculty Scholarship
No abstract provided.
Treating Sexual Harassment With Respect, Anita Bernstein
Treating Sexual Harassment With Respect, Anita Bernstein
Faculty Scholarship
No abstract provided.
In Search Of A Substantive Republic, James E. Fleming, Linda C. Mcclain
In Search Of A Substantive Republic, James E. Fleming, Linda C. Mcclain
Faculty Scholarship
The publication of Michael J. Sandel's Democracy's Discontent: America in Search of a Public Philosophy is a long-awaited and important event in political and constitutional theory. In 1982, through his first book, Liberalism and the Limits of Justice,1 Sandel emerged as a leading communitarian or civic republican critic of liberalism. That book became prominent, not because its criticisms of liberalism were dispositive, but because it eloquently and elegantly captured discontent with liberalism and evoked yearnings for an alternative. Since then, Sandel has occupied a position on the American intellectual landscape as a placeholder for a *510 communitarian or civic …
Property Law: 1997 Survey Of Florida Law, Ronald B. Brown, Joseph M. Grohman
Property Law: 1997 Survey Of Florida Law, Ronald B. Brown, Joseph M. Grohman
Faculty Scholarship
No abstract provided.
Two Decades Of Intermediate Scrutiny: Evaluating Equal Protection For Women Centennial Pannel, Elizabeth M. Schneider, Deborah Brake, Donna Lenhoff, Sharon Elizabeth Rush, Ann Shalleck
Two Decades Of Intermediate Scrutiny: Evaluating Equal Protection For Women Centennial Pannel, Elizabeth M. Schneider, Deborah Brake, Donna Lenhoff, Sharon Elizabeth Rush, Ann Shalleck
Faculty Scholarship
No abstract provided.
Cancer Genetic Susceptibility Testing: Ethical And Policy Implications For Future Research And Clinical Practice, Benjamin S. Wilfond, Karen H. Rothenberg, Elizabeth J. Thomson, Caryn Lerman
Cancer Genetic Susceptibility Testing: Ethical And Policy Implications For Future Research And Clinical Practice, Benjamin S. Wilfond, Karen H. Rothenberg, Elizabeth J. Thomson, Caryn Lerman
Faculty Scholarship
No abstract provided.
Real Estate Brokers: Shouldering New Burdens, Ronald B. Brown, Joseph M. Grohman
Real Estate Brokers: Shouldering New Burdens, Ronald B. Brown, Joseph M. Grohman
Faculty Scholarship
No abstract provided.
Hallucinations, Peter J. Whitehouse, Marian B. Patterson, Milton E. Strauss, David S. Geldmacher, James L. Mack, Grover C. Gilmore, Elizabeth Koss
Hallucinations, Peter J. Whitehouse, Marian B. Patterson, Milton E. Strauss, David S. Geldmacher, James L. Mack, Grover C. Gilmore, Elizabeth Koss
Faculty Scholarship
No abstract provided.
From Product To Process: Evolution Of A Legal Writing Program, Diane Edelman, Jo Ann Durako, Kathryn Stanchi, Brett Armdur, Lorray Brown, Rebecca Connelly
From Product To Process: Evolution Of A Legal Writing Program, Diane Edelman, Jo Ann Durako, Kathryn Stanchi, Brett Armdur, Lorray Brown, Rebecca Connelly
Faculty Scholarship
No abstract provided.
The Missing View Of The Cathedral: The Private Law Paradigm Of European Legal Integration, Daniela Caruso
The Missing View Of The Cathedral: The Private Law Paradigm Of European Legal Integration, Daniela Caruso
Faculty Scholarship
The traditional partition between public and private law continues to reinforce the belief that public law is the only proper realm of political debate, where decisions having redistributional consequences are and should be taken. This allows for a seemingly minor role of private law in the debate on European integration. This article challenges such a traditional image by noticing the central role of private law in the several legal systems of the European Union, and by analysing a few instances of resistance to private law integration. The analysis suggests that, while fully engaged in debating the public law implications of …
Learning From Colleagues: A Case Study In The Relationship Between "Academic" And "Ecological" Clinical Legal Education, Robert J. Condlin
Learning From Colleagues: A Case Study In The Relationship Between "Academic" And "Ecological" Clinical Legal Education, Robert J. Condlin
Faculty Scholarship
No abstract provided.
Contested Terrains Of Compensation: Equality, Affirmative Action And Diversity In The United States, Taunya L. Banks
Contested Terrains Of Compensation: Equality, Affirmative Action And Diversity In The United States, Taunya L. Banks
Faculty Scholarship
No abstract provided.
Can Poverty Lawyers Play Well With Others? Including Lawyers In Integrated, School-Based Service Delivery Programs, Leigh S. Goodmark
Can Poverty Lawyers Play Well With Others? Including Lawyers In Integrated, School-Based Service Delivery Programs, Leigh S. Goodmark
Faculty Scholarship
No abstract provided.
Pain Relief For The Dying: The Unwelcome Intervention Of The Criminal Law, Phebe Saunders Haugen
Pain Relief For The Dying: The Unwelcome Intervention Of The Criminal Law, Phebe Saunders Haugen
Faculty Scholarship
This Article addresses physician-assisted suicide and the medical treatment of pain and suffering. Part II discusses various medical misconceptions about the treatment of pain and how modern medicine fails to fulfill this aspect of its palliative care role. Part III reviews how the law currently circumscribes the patient and doctor's ability to make medical decisions when the patient is terminally ill. As will be shown, the law is clearer and more respectful of good medical practice than most medical practitioners currently believe. Moreover, this section will also establish that, while several competing philosophical positions surrounding physician-assisted suicide exist, these same …
From Law And Bananas To Real Law: A Celebration Of Scholarship In Mental Health Law, Steven R. Smith
From Law And Bananas To Real Law: A Celebration Of Scholarship In Mental Health Law, Steven R. Smith
Faculty Scholarship
No abstract provided.
Taming Shiva: Applying International Law To Nuclear Operations, Charles J. Dunlap Jr.
Taming Shiva: Applying International Law To Nuclear Operations, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Lawyers As Nonlawyers In Child-Custody And Visitation Cases: Questions From The Legal Ethics Perspective Response, Bruce A. Green
Lawyers As Nonlawyers In Child-Custody And Visitation Cases: Questions From The Legal Ethics Perspective Response, Bruce A. Green
Faculty Scholarship
The Child Advocacy Clinic at Indiana University School of Law-Bloomington ("Indiana Clinic") takes as a premise that, in custody and visitation disputes, children may be best served by lawyers as guardians ad litem, rather than by lawyers qua lawyers, on one hand, or by nonlawyer guardians ad litem, on the other. In contrast, participants in a national conference at Fordham Law School' concluded two years ago that "[a] lawyer appointed or retained to serve a child in a legal proceeding should serve as the child's lawyer." That is, the lawyer should regard the child as a client, not a ward. …
Intent And Incoherence, Sheila R. Foster
Intent And Incoherence, Sheila R. Foster
Faculty Scholarship
In this Article, Professor Sheila Foster dissects the intent standard in equal protection jurisprudence, filtering it through the lens of democratic process theory. Most legal scholars and commentators writing in this area continuously restate, and critique, the "rule" of intent as a uniform standard in constitutional law. However, it is clear from the Supreme Court's jurisprudence (and that of the lower federal courts) that different levels of consciousness can satisfy the discriminatory intent standard, and hence violate the Equal Protection Clause. Exactly what explains these disparate, and seemingly incoherent, levels of intent is the subject of this Article. Professor Foster …
Gender Differences In Biological And Sociological Predictors Of Crime, Deborah W. Denno
Gender Differences In Biological And Sociological Predictors Of Crime, Deborah W. Denno
Faculty Scholarship
One of the many goals of the Biosocial Study that I directed was determining whether there were gender differences among the numerous possible correlates of crime that the study examined. The purpose of my presentation today is to describe the Biological Study and its results, particularly as they relate to gender differences in crime. Another aim is to respond briefly to some of the potential political reactions to the study, despite its results. I will begin with a quick account of historical attitudes toward gender differences in crime. I will then discuss the Biosocial Study and its major findings relevant …
Intent And Incoherence, Sheila R. Foster
Intent And Incoherence, Sheila R. Foster
Faculty Scholarship
In this Article, Professor Sheila Foster dissects the intent standard in equal protection jurisprudence, filtering it through the lens of democratic process theory. Most legal scholars and commentators writing in this area continuously restate, and critique, the "rule" of intent as a uniform standard in constitutional law. However, it is clear from the Supreme Court's jurisprudence (and that of the lower federal courts) that different levels of consciousness can satisfy the discriminatory intent standard, and hence violate the Equal Protection Clause. Exactly what explains these disparate, and seemingly incoherent, levels of intent is the subject of this Article. Professor Foster …
Sex Offender Commitments: Debunking The Official Narrative And Revealing The Rules-In-Use, Eric S. Janus
Sex Offender Commitments: Debunking The Official Narrative And Revealing The Rules-In-Use, Eric S. Janus
Faculty Scholarship
Sex offender commitment laws present courts with a difficult choice: either allow creative efforts to prevent sexual violence or enforce traditional constitutional safeguards constraining the power of the state to deprive citizens of their Iiberty. Three state supreme courts have deflected this hard choice while upholding sex offender commitment schemes. As part of their ""official narrative"" that legitimizes sex offender commitments, the courts claim that society can have prevention and still maintain the primacy of the criminal justice system. This narrative neutralizes the conflict in values by claiming that sex offender commitments are just like mental illness commitments, a small, …
Images Of Women And Capital Sentencing Among Female Offenders: Exploring The Outer Limits Of The Eighth Amendment And Articulated Theories Of Justice, Jenny E. Carroll
Images Of Women And Capital Sentencing Among Female Offenders: Exploring The Outer Limits Of The Eighth Amendment And Articulated Theories Of Justice, Jenny E. Carroll
Faculty Scholarship
This Note explores the effect on women of this process of demarcating boundaries of unacceptable behavior within the context of a capital punishment system. Additionally, this Note explores the Eighth Amendment implications of these boundaries within capital jurisprudence. Part I examines the two most prominent theories put forth by feminist scholars to explain sentencing patterns among female capital offenders-the "chivalry theory" and the "evil woman" theory. These theories attempt to account for both the limited use of the death penalty for women and the presence of certain women on death row. In Part II, this Note considers the limited empirical …
What’S Law Got To Do With It? The Political, Social, Psychological And Other Non-Legal Factors Influencing The Development Of (Federal) Criminal Law, Sara Sun Beale
Faculty Scholarship
No abstract provided.
A Virtuous Warrior In A Savage World, Charles J. Dunlap Jr.
A Virtuous Warrior In A Savage World, Charles J. Dunlap Jr.
Faculty Scholarship
Divining the nature of future war is always problematic. President Eisenhower warned that "Every war is going to astonish you in the way it has occurred, and in the way it is carried out." The United States must, of course, be prepared to meet a wide range of contingencies. Paramount among them would be a threat posed by a "peer competitor," that is, a state capable of battling the United States with comparable forces employing largely orthodox tactics. Although it is almost certain that one will arise in the future, no nation exists today that can challenge America symmetrically as …
Institutionalization: Savior Or Saboteur Of Mediation?,, Sharon Press
Institutionalization: Savior Or Saboteur Of Mediation?,, Sharon Press
Faculty Scholarship
This article is a reflection on the history and spread of the field of alternative dispute resolution (ADR). The author focuses on the increased institutionalization of ADR – particularly in relation to mediation within the court system, with examples drawn from Florida’s experience.
Learning Our Limits: The Decline Of Textualism In Statutory Cases, Lawrence Solan
Learning Our Limits: The Decline Of Textualism In Statutory Cases, Lawrence Solan
Faculty Scholarship
No abstract provided.
Continuing Classroom Conversation Beyond The Well-Placed "Whys?", Bailey Kuklin, Jeffery J. Stemple
Continuing Classroom Conversation Beyond The Well-Placed "Whys?", Bailey Kuklin, Jeffery J. Stemple
Faculty Scholarship
No abstract provided.