Digital Commons Network^™

The Supreme Court’S Philosophy Of Science: Will The Real Karl Popper Please Stand Up?, Sean O'Connor

Faculty Scholarship

No abstract provided.

Epilogue: Making Reconceptualization Of Violence Against Women Real, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Admiralty Law Of Arthur Browne, Joseph Sweeney

Faculty Scholarship

No abstract provided.

Contextualizing Professional Responsibility: A New Curriculum For A New Century Teaching Legal Ethics: Iv. Developing Specialized Ethics Courses, Mary C. Daly, Bruce A. Green, Russell G. Pearce

Faculty Scholarship

The teaching of professional responsibility in U.S. law schools is entering a new age. A relative newcomer to the traditional curriculum, professional responsibility has struggled over the past twenty-one years to establish its intellectual legitimacy. It has evolved from a cramped course on the codes of lawyer conduct adopted by the American Bar Association ("ABA") to an expansive course on the law of lawyering. The premise of this essay is that professional responsibility has matured as a subject matter to the point where a new genre of courses should join the pervasive method and the traditional survey course. The richness …

Rededication Panel Discussion On Gender Equality And Intercollegiate Athletics, Stephen F. Ross, Karol Kahrs, Fred Heinrich

Faculty Scholarship

This article is a transcript of a panel discussion in which Professor Stephen F. Ross, Associate Athletic Director Karol Kahrs, and Fred Heinrich participated entitled "Sports and the Law," at the Rededication of the University of Illinois College of Law. The panel discussion centered on the issue of gender equity in intercollegiate athletics. Title IX of the Education Amendments Act requires institutions receiving federal funding to provide equal educational opportunity for students regardless of gender. The panel discussion focused on the impact of Title IX and the University of Illinois's efforts to comply with the requirements.

Revolt Of The Masses: Armed Civilians And The Insurrectionary Theory Of The Second Amendment, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Professionalism Paradigm Shift: Why Discarding Professional Ideology Will Improve The Conduct And Reputation Of The Bar, The, Russell G. Pearce

Faculty Scholarship

The Article explains how the Professionalism Paradigm distinguishes between self-interested businesspersons and altruistic professionals who place the public good above their own interests and those of their clients. The legal profession has used this Business-Profession dichotomy to obtain control of the delivery legal services, including a legislative monopoly on the practice of law. Today, the Professionalism Paradigm faces a crisis as leading lawyers, judges, and scholars complain that law has become a business and is no longer a profession. The Article “identifies this shift as a time for hope rather than as a cause for despair. Applying Thomas S. Kuhn's …

Federal Environmental Citizen Provisions: Obstacles And Incentives On The Road To Environmental Justice, Eileen Gauna

Faculty Scholarship

This article attempts to examine the special problems that community-based groups in low income and minority communities might encounter in prosecuting citizen suits under highly technical environmental statutes. To set the context for this inquiry, part II of this article describes the environmental justice movement and investigates the charge that communities of color are disproportionately and unjustly burdened with environmental hazards. Part II also explores the differences in perspective that underlie much of the conflict among environmental justice activists, mainstream environmental organizations, and EPA. Part II concludes with a look at social forces that have contributed to environmental inequities and …

Integrating The "Underclass": Confronting America's Enduring Apartheid, Olatunde C.A. Johnson

Faculty Scholarship

Douglas Massey and Nancy Denton's American Apartheid argues that housing integration has inappropriately disappeared from the national agenda and is critical to remedying the problems of the so-called "underclass." Reviewer Olati Johnson praises the authors' refusal to dichotomize race and class and the roles both play in creating and maintaining housing segregation. However, she argues, Massey and Denton fail to examine critically either the concept of the underclass or the integration ideology they espouse. Specifically, she contends, the authors fail to confront the limits of integration strategies in providing affordable housing or combating the problem of tokenism. Massey and Denton …

Business Lawyers And Value Creation For Clients, Ronald J. Gilson, Robert H. Mnookin

Faculty Scholarship

This Symposium marks an important milestone in legal scholarship and education: The spotlight falls on business lawyers for a change. Ten years ago, when one of us first wrote about what business lawyers really do, no one had devoted much attention to this part of the profession. In his broadside against lawyers, Derek Bok, then President of Harvard University and formerly dean of its law school, reserved his invective for litigators and the litigation process. Business lawyers captured the attention of very few critics; even on the unusual occasion when we were noticed, the criticism was at least funny. If …

Mapping The Labyrinth Of Scientific Evidence, David L. Faigman

Faculty Scholarship

No abstract provided.

Neither Black Nor White: Asian Americans And Affirmative Action, Frank H. Wu

Faculty Scholarship

No abstract provided.

Mediating Life And Death Decisions, Diane E. Hoffmann

Faculty Scholarship

No abstract provided.

Margaret Somerville: A Refreshing Challenge, George J. Annas

Faculty Scholarship

Health law is applied law, the entire body of law applied to the promotion of human health and the delivery of medical care. It is accurate, if not flattering, to observe that the vast majority of health law teachers and practitioners are content to take their "applied" discipline as they find it, and spend most of their time and energy describing the intersections of law, medicine, and health care as they occur in the world around us. Margaret Somerville is a refreshing challenge to health law's self-satisfied and confining activities, and it has been invigorating to be her friend and …

Heirs Of Leonardo: Cultural Obstacles To Strict Products Liability In Italy, Anita Bernstein, Paul Fanning

Faculty Scholarship

No abstract provided.

Rights And Irresponsibility, Linda C. Mcclain

Faculty Scholarship

There can be little doubt that a marked discontent with rights and "rights talk" is in the air, as are calls for a turn to responsibility and "responsibility talk."' In a broad range of contemporary discourses, rights are juxtaposed against responsibility as if the two were inversely or even perversely related to one another. Indeed, rights are said to license irresponsibility. Academics, politicians, and the popular media claim that Americans increasingly invoke rights talk and shrink from responsibility talk and that as a result America suffers from an explosion of frivolous assertions of rights' and a breakdown of responsible conduct. …

Alimony And Efficiency: The Gendered Costs And Benefits Of Economic Justification For Alimony, Jana B. Singer

Faculty Scholarship

No abstract provided.

"It's A Family Affair", Justin P. Brooks, Kimberly Bahna

Faculty Scholarship

No abstract provided.

A Paradigm For Sexual Harassment: Toward The Optimal Level Of Loss, Marie T. Reilly

Faculty Scholarship

This article proposes a paradigm that draws from the common-law rule of negligence. It defines actionable sexual conduct in the workplace in terms of the cost of precautionary conduct and the increased safety such precaution would have yielded. Like the rule of negligence, the proposed paradigm creates incentives for men and women to take steps to prevent sexual conduct loss to the point at which the cost of an additional increment of precaution is equal to the value of the reduction in risk of loss. This point is the optimal level of precaution. After this point, additional precaution might further …

Toward A New Deal Legal History, Eben Moglen

Faculty Scholarship

With this article, Barry Cushman continues the project begun in earlier writings, leading ultimately to a thoroughgoing reconsideration of the legal history of the New Deal. The present work, perhaps the most important to appear so far, brings Cushman's evolving argument up against the most stable – if not altogether the most convincing – element of the traditional history of the New Deal Court. The "Constitutional Revolution of 1937" is now open for reconsideration or, more precisely, the famous "switch in time" that realigned the Supreme Court with the demands of the Roosevelt administration. Cushman argues powerfully – by and …

Whose International Law?: Sovereignty And Non-State Groups, Benedict Kingsbury

Faculty Scholarship

This is the first of three keynote panels at this 88th Annual Meeting, under the overarching theme of "The Transformation of Sovereignty."

Is Electrocution An Unconstitutional Method Of Execution? The Engineering Of Death Over The Century, Deborah W. Denno

Faculty Scholarship

This Article provides the Eighth Amendment analysis of electrocution that the courts thus far have not approached. The analysis has two parts. The first inquires whether, according to available scientific evidence, electrocution amounts to cruel and unusual punishment even if it is administered as planned. The second inquires whether, in light of the frequency with which electrocutions are botched, continuing the practice amounts to cruel and unusual punishment even if the properly administered electrocution would not.

Gender, Crime, And The Criminal Law Defenses, Deborah W. Denno

Faculty Scholarship

This Article attempts to explain some of the disparity in criminality between males and females by analyzing the results of the “Biosocial Study,” one of this country's largest longitudinal studies of biological, psychological, and sociological predictors of crime. Section II analyzes the literature and research on gender differences in crime. Section III describes the Biosocial Study and its results, noting the gender differences in the prevalence and prediction of crime and the inability of any one factor to be a strong predictor of crime. Section IV considers whether gender differences warrant disparate types of punishment or treatment within the criminal …

A Fundamental Inquiry Into The Statutory Rulemaking Process Of Private Legislatures, Steven L. Schwarcz

Faculty Scholarship

This Article examines the private rulemaking proces under which uniform state laws are formulated. It suggests that deficiencies may arise from the failure of rulemakers to step back and ask fundamental questions about the consequences of the rules being proposed and sets forth a framework for asking these questions. As part of this framework, the Article identifies and explores the meaning of underlying statutory policies, such as consistency and fairness. Although the Article's focus is on private rulemaking, it's conclusions are shown to be relevent to public rulemaking and possibly even to judicial decisionmaking.

By Reason Of Their Sex: Feminist Theory Postmodernism And Justice , Tracy E. Higgins

Faculty Scholarship

Both the Supreme Court's jurisprudence of gender and feminist legal theory have generally assumed that some identifiable and describable category of woman exists prior to the construction of legal categories. For the Court, this woman-whose characteristics admittedly have changed over time-serves as the standard against which gendered legal classifications are measured. For feminism, her existence has served a different but equally important purpose as the subject for whom political goals are pursued. To the extent that the definitions of the category diverge, the differences among definitions are played out in feminist critiques of the Court's gender jurisprudence, and, occasionally, in …

Mascaras, Trenzas, Y Grenas: Un/Masking The Self While Un/Braiding Latina Stories With Legal Discourse, Margaret E. Montoya

Faculty Scholarship

This article uses Critical Race Theory methodologies, such as autobiographical narratives, and analytical approaches, such as critical pedagogy. Using personal narrative, this Article examines the various masks ("mascaras") used to control how people respond to us and the important role such masks play in the subordination of Outsiders. The first part of the Article tells stories; the second part of the Article unbraids the stories to reveal an imbedded message: that Outsider storytelling is a discursive technique for resisting cultural and linguistic domination through personal and collective redefinition. The Article explores how transculturation creates new options for expression, personal identity, …

Democracy And Domination In The Law Of Workplace Cooperation: From Bureaucratic To Flexible Production, Mark Barenberg

Faculty Scholarship

In May of 1993, President Clinton's Commission for the Future of Worker-Management Relations began its investigation of whether a major overhaul of United States labor law is necessary to encourage high-performance workplaces and labor-management cooperation. Even if its recommendations, due in November 1994, do not yield immediate congressional fruit, the Commission's work is likely to influence the study and politics of labor law reform for some time to come. The Commission is chaired by John Dunlop, the eminent labor-relations specialist and former Secretary of Labor. Its membership includes some of the nation's foremost academic and political proponents of far-reaching labor …

Taking Subsidiarity Seriously: Federalism In The European Community And The United States, George A. Bermann

Faculty Scholarship

For a principle that has dominated discussions of European federalism for over five years, subsidiarity has received surprisingly poor academic mention. Subsidiarity has been criticized as "inelegant . . .Eurospeak," "the epitome of confusion," and simple "gobbledegook." It has been described by some as nothing new and by others as quite novel and actually quite dangerous. The President of the Commission of the European Communities, said to be an enthusiast of subsidiarity, finds it used at times as an "alibi," and more specifically as "a fig leaf ... to conceal [an] unwillingness to honour the commitments which have already been …

Fear And Loathing In The Siting Of Hazardous And Radioactive Waste Facilities: A Comprehensive Approach To A Misperceived Crisis, Michael B. Gerrard

Faculty Scholarship

Few laws have failed so completely as the federal and state statutes designed to create new facilities for the disposal of hazardous and radioactive waste. Despite scores of siting attempts and the expenditure of several billion dollars since the mid-1970s, only one radioactive waste disposal facility, only one hazardous waste landfill (in the aptly named Last Chance, Colorado), and merely a handful of hazardous waste treatment and incineration units are operating on new sites in the United States today.

In 1981, a leading member of Congress, relying on data from the U.S. Environmental Protection Agency (EPA), predicted that by 1985 …

Check Your Crystal Ball At The Courthouse Door, Please: Exploring The Past, Understanding The Present, And Worrying About The Future Of Scientific Evidence, David L. Faigman, Elise Porter, Michael J. Saks

Faculty Scholarship

No abstract provided.