Digital Commons Network^™

Brief Of Intervenor, Women’S Legal Education And Action Fund (Leaf), Goertz V. Gordon, Laura Spitz

Faculty Scholarship

Historically, women have been almost exclusively responsible for the unpaid labour of child care with the assumption of primary child care responsibilities after separation. The courts must analyze each situation to determine whether a joint custody arrangement, in law, is in fact true equal parenting, in roles and responsibilities, or one more akin to sole custody when considering relocation restrictions.

Gender Matters: Implications For Clinical Research And Women's Health Care, Karen H. Rothenberg

Faculty Scholarship

No abstract provided.

Resistance To Equality, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

When Law Risks Madness, Susan P. Koniak

Faculty Scholarship

Within the United States in 1996, there is a community scattered among us with its own law, its own courts and its own well-armed militias. While the existence of these militias has prompted some debate in the legal literature, the community's law and its courts have been ignored. That law rejects the power of the courts of the federal government and those of the states over the "Sovereign Citizens" of this separate community. On the other hand, this community claims jurisdiction over us - should we interfere with its citizens in some way proscribed by its law - and over …

Isn't It A Crime: Feminist Perspectives On Spousal Immunity And Spousal Violence, Malinda L. Seymore

Faculty Scholarship

Much has been written about the reluctance of police to arrest in domestic violence cases and the reluctance of the state to prosecute such cases. Part of that reluctance may be caused by prevalent societal attitudes that diminish the importance of spousal violence. In a number of jurisdictions, the reluctance to pursue criminal sanctions against married abusers is caused by the difficulty of procuring the battered spouses' testimony.5 In those jurisdictions, the prosecutor cannot compel a reluctant spouse's testimony because of the spousal privilege not to testify against a defendant spouse. Even in jurisdictions that have some exceptions to the …

Better Living Through Crime And Tort, Anita Bernstein

Faculty Scholarship

No abstract provided.

Lessons From The Past: Revenge Yesterday And Today, Tamar Frankel

Faculty Scholarship

Professor Seipp's Paper transports us to the Middle Ages to discover a society that views crime and tort quite differently from the way we view these categories today. Yet our discovery of that society offers a perspective about our own. In Professor Seipp's world the victim of a wrong had a choice: demand revenge by determining how the wrongdoer would be punished, or demand monetary compensation. These two entitlements were mutually exclusive. The victim could choose either one, but to some extent, especially in earlier times, the right of revenge was considered a higher right that the victim was expected …

Buyers Beware: Statutes Shield Real Estate Brokers And Sellers Who Do Not Disclose That Properties Are Psychologically Tainted, Ronald B. Brown, Thomas H. Thurlow Iii

Faculty Scholarship

No abstract provided.

Judicial Review Of Informal Agency Action On The Fiftieth Anniversary Of The Apa: The Alleged Demise And Actual Status Of Overton Park's Requirement Of Judicial Review "On The Record", Gordon G. Young

Faculty Scholarship

No abstract provided.

Innovations In Collective Bargaining: Nummi - Driven To Excellence, Marley S. Weiss

Faculty Scholarship

No abstract provided.

H. Jefferson Powell On The American Constitutional Tradition: A Conversation, Randy Lee

Faculty Scholarship

No abstract provided.

Images Of Law School And Law Teaching In An Imperfect Spy, Stacy Caplow, Spencer W. Waller

Faculty Scholarship

No abstract provided.

Rationality And The Foundations Of Positive Political Theory, Mathew D. Mccubbins, Michael F. Thies

Faculty Scholarship

In this paper, we discuss and debunk the four most common critiques of the rational choice research program (which we prefer to call Positive Political Theory) by explaining and advocating its foundations: the rationality assumption, component analysis (abstraction), strategic behavior, and theory building, in turn. We argue that the rationality assumption and component analysis, properly understood, can be seen to underlie all social science, despite the protestations of critics. We then discuss the two ways that PPT most clearly contributes to political science (i.e., what distinguishes it from other research programs), namely the introduction of strategic behavior (people do not …

Turning Labor Into Love: Housework And The Law, Katharine B. Silbaugh

Faculty Scholarship

Women's unpaid domestic labor produces tremendous economic value. In the United States, women spend more of their productive work hours in unpaid labor than in paid labor, and the credible estimates of the economic value of unpaid labor range from the equivalent of 24% to 60% of the U.S. Gross Domestic Product ("GDP"). Given its economic value and its significant role in the working lives of women, it is surprising that the topic of home labor has received no systematic examination by legal scholars. This Article undertakes such an examination. It concludes that a wide range of legal doctrines treat …

Flesh Of My Flesh But Not My Heir: Unintended Disinheritance, Laura M. Padilla

Faculty Scholarship

This article briefly explains how the laws of intestacy and adoption work together, providing background information on second parent adoptions. It then describes why these laws are inadequate for same sex partners who adopt each others' children. It is impractical to cover statutes throughout the United States, and because I seek legal reform in California, this article focuses on California statutes, with occasional reference to the Uniform Probate Code. However, the problems caused by California's statutes also arise in other states with similar statutes. Therefore, the issues raised in this article, as well as the solutions proposed, are relevant in …

Field Placement Programs: Practices, Problems And Possibilities, Robert F. Seibel, Linda H. Morton

Faculty Scholarship

This article presents empirical data on externship programs in hopes of creating a nationwide clearinghouse for those engaging in and evaluating such programs. The authors analyze the implications of their data, both to better understand and support the pedagogical value of externship programs, as well as to evaluate the effect of the more recent ABA regulations imposed on these programs.

Fired Employees And/Or Frozen-Out Shareholders (An Essay), Deborah A. Schmedemann

Faculty Scholarship

The thesis of this essay can be stated as follows: Shareholder-employees should be able to recover for loss of employment, within the cause of action provided by corporate law, where the termination violates public law, breaches the agreement among the shareholders, or is unsupported by legitimate business purposes. In Part II, this essay presents the employment model, including the paradigm of employment that the law builds on, the starting premise of employment law, the roles of private and public law, and the remedies afforded for violations of an employee's rights. In Part III, this essay develops the corporate model, discussing …

Allocating The Burden Of Proof In Sales Litigation, Alex Stein

Faculty Scholarship

No abstract provided.

Preventive Detention And The Judicial Prediction Of Dangerousness For Juveniles: A Natural Experiment, Jeffery Fagan, Martin Guggenheim

Faculty Scholarship

Since 1970, legislatures have increasingly relied on preventive detention – detention before trial ordered solely to prevent an accused from committing crime during the pretrial period – as an instrument of social control. Prior to this period, detention before trial was usually ordered only to assure an accused's presence at trial or to ensure the integrity of the trial process by preventing an accused from tampering with witnesses. Today, the majority of states and the federal system have changed their laws to allow judges to detain arrestees who pose a risk to society if released during the pretrial period. Half …

Domination In Wrongdoing, George P. Fletcher

Faculty Scholarship

Blackstone had a point in identifying crimes as public wrongs and torts as private wrongs. Both crimes and torts claim victims, however, the victims' responses vary according to context. In criminal cases, the victim responds by hoping that the government will apprehend and successfully prosecute the offender. In tort disputes, the victim responds by demanding compensation.

It is unclear, however, what constitutes wrongdoing. Defining wrongdoing as the violation of rights is unhelpful, for that definition only raises other questions: Who has rights and what is their content? Therefore, to understand the nature of wrongdoing, we should seek a substantive theory …

The Local Government Boundary Problem In Metropolitan Areas, Richard Briffault

Faculty Scholarship

Local government boundaries play an important role in the governance of metropolitan areas by defining local electorates and tax bases and the scope of local regulatory powers and service responsibilities. Yet, the close association of local powers with local boundaries generates spillovers, fiscal disparities, and interlocal conflicts. Real local autonomy is constrained but the local government system fails to provide a means for addressing regional problems. Public choice theorists and political decentralizationists oppose regional governments because of the threat to local autonomy that would result from removing powers from local hands. Richard Briffault's solution to the metropolitan governance problem is …

Domination In The Theory Of Justification And Excuse, George P. Fletcher

Faculty Scholarship

The major currents driving legal theory have largely bypassed the field of criminal law. Neither the economists nor the advocates of critical legal studies ("crits") have had much to say about the theory of criminal responsibility or the proper mode of trying suspects. The economists have fallen flat in applying their rationalist models to the problems of punishing wrongdoers. The "crits" have had little to add-beyond Mark Kelman's one original and provocative article.

Of all the schools on the march in the law schools today, the feminists have had the most to say about the failings of the criminal law. …

The Role Of Firearms In Violence "Scripts": The Dynamics Of Gun Events Among Adolescent Males, Deanna L. Wilkinson, Jeffrey Fagan

Faculty Scholarship

In recent years, the use and deadly consequences of gun violence among adolescents has reached epidemic proportions. At a time when national homicide rates are declining, the increasing rates of firearm deaths among teenagers is especially alarming. Deaths of adolescents due to firearm injuries are disproportionately concentrated among nonwhites, and especially among African-American teenagers and young adults. Only in times of civil war have there been higher within-group homicide rates in the United States. There appears to be a process of self-annihilation among male African-American teens in inner cities that is unprecedented in American history. Unfortunately, few studies have examined …

Parents' Rights Vs. Childrens' Interest: The Case Of The Foster Child, Marsha Garrison

Faculty Scholarship

No abstract provided.

Changing America: Three Arguments About Asian Americans And The Law, Frank H. Wu

Faculty Scholarship

No abstract provided.

The Client Fraud Problem A Justinian Quartet, Geoffrey C. Hazard, Jr.

Faculty Scholarship

No abstract provided.

Review Essay: “Indians Are Us?: Culture And Genocide In Native North America" By Me Monroe, John P. Lavelle

Faculty Scholarship

Indians Are Us? is a collection of commentaries on American Indian political and social affairs, written in the truculent tone that readers have come to expect from writer Ward Churchill. Like its predecessors, Fantasies of the Master Race and Struggle far the Land, this latest Churchill project consists largely of polemical pieces hastily compiled from obscure leftist publications.

Voices/Voces In The Borderlands: A Colloquy On Re/Constructing Identities In Re/Constructed Legal Spaces, Margaret E. Montoya, Melissa Harrison

Faculty Scholarship

While we believe that the work of healing our cultural dyslexia is partly cognitive, in and through this paper we have tried to enact the experiential aspect. We may approach the entrances of the borderlands through reading and thinking, however we believe that the borderlands is a phenomenon of living, a phenomenon of well-intentioned people interacting in deliberate and thoughtful ways with those who are simultaneously like and unlike us/them. The borderlands require that we bring our critical faculties to bear on life's experiences, but, more often than not, we must suspend them in favor of more charitable and affiliative …

The Syndromic Lawyer Syndrome: A Psychological Theory Of Evidentiary Munificence, David L. Faigman

Faculty Scholarship

No abstract provided.

Women Refugees Does The United States Provide Adequate Protection?, Karen Musalo

Faculty Scholarship

No abstract provided.