Law Commons^™

Developments In Law - Toxic Waste Litigation, Howard F. Chang

All Faculty Scholarship

No abstract provided.

Causing The Conditions Of One's Own Defense: A Study In The Limits Of Theory In Criminal Law Doctrine, Paul H. Robinson

All Faculty Scholarship

One widely-stated goal of criminal law theory is to create the set of rules that best implements our collective sense of justice. To reach this goal, the theorist continuously adjusts his theory so that it generates rules that better reflect our fundamental notions of justice. These rules, moreover, must function as workable doctrine, which in the context of criminal law means precise statutory provisions. It is this process of theoretical refinement and translation that is the topic of this article. Can good theory generate results that approximate our collective sense of justice? Can the theoretical refinements be translated into workable …

Interjurisdictional Preclusion And Federal Common Law: Toward A General Approach, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

Afterwords: A Response To Professor Hazard And A Comment On Marrese, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

Manners, Metaprinciples, Metapolitics And Kennedy's Form And Substance, William W. Bratton

All Faculty Scholarship

No abstract provided.

Social Science And Segregation Before Brown, Herbert J. Hovenkamp

All Faculty Scholarship

The courts must bear a heavy share of the burden of American racism. An outpouring of historical scholarship on racism and the American law reveals the outrageous and humiliating extent to which American lawyers, judges, and legislators created, perpetuated, and defended racist American institutions. The law is not autonomous, however, particularly in areas of explicit public policy making. Lawyers did not invent racism. Rather they created racist institutions because society was racist and racism was implicit in its values. The trend in scholarship on the legal history of American racism, however, has been to place most of the blame for …

Evolutionary Models In Jurisprudence, Herbert J. Hovenkamp

All Faculty Scholarship

Few ideas in intellectual history have been so captivating that they have overflowed the discipline from which they came and spilled over into everything else. The theory of evolution is unquestionably one of these. Evolution was an idea so powerful that it seemed obvious when Charles Darwin offered it. After all, there were prominent evolutionists a century before Darwin. Charles Darwin merely presented a model that made the theory plausible. It was a model, though, that infected everything, and one that appeared to answer every question worth asking, no matter what the subject. The model had the potential to lead …

Excusing The Crazy: The Insanity Defense Reconsidered, Stephen J. Morse

All Faculty Scholarship

No abstract provided.

Indian Religious Freedom And Governmental Development Of Public Lands, Sarah Barringer Gordon

All Faculty Scholarship

No abstract provided.

Justice, Mercy, And Craziness, Stephen J. Morse

All Faculty Scholarship

No abstract provided.

Judge Friendly's Contributions To Securities Law And Criminal Procedure: "Moderation Is All", Frank Goodman

All Faculty Scholarship

No abstract provided.

Criminal Liability For Omissions: A Brief Summary And Critique Of The Law In The United States, Paul H. Robinson

All Faculty Scholarship

Criminal liability for an omission is imposed in two distinct situations. First, such liability is often imposed explicitly in offense definitions that punish a failure to perform certain conduct. For example, it is an offense to fail to file a tax return. Second, it is also common for a general provision, apart from an offense definition, to create omission liability for an offense defined in commission terms. Parents, for example, are generally given the legal duty to care for their children. A parent may be held liable for criminal homicide, then, where death results from a failure to perform this …

The Economics And Jurisprudence Of Convertible Bonds, William W. Bratton

All Faculty Scholarship

Professor Bratton examines judicial regulation of issuer-bondholder conflicts of interest within three different, but closely related doctrinal frameworks: neoclassical contract interpretation; contract avoidance; and corporate law fiduciary restraint. After discussing the elements of convertible bond valuation and their interaction with issuer actions giving rise to conflicts of interest, he evaluates the case for judicial intervention to protect bondholder interests. He concludes that ·bondholder protective intervention is fair and tolerably efficient, provided it is kept within the bounds of contract interpretation. But he finds that more aggressive judicial intervention under the frameworks of contract avoidance and fiduciary restraint carries an unnecessary …

Remembering Ed Sparer, Howard Lesnick

All Faculty Scholarship

No abstract provided.

Collins Seitz: A Noble Career, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

The Insurance Classification Controversy, Regina Austin

All Faculty Scholarship

No abstract provided.

Procedural Rulemaking Under The Judicial Councils Reform And Judicial Conduct And Disability Act Of 1980, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

The Rules Enabling Act Of 1934, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

Structure Of Labor Relations, Howard Lesnick

All Faculty Scholarship

No abstract provided.

Failed Explanations And Criminal Responsibility: Experts And The Unconscious, Stephen J. Morse

All Faculty Scholarship

No abstract provided.

A Preference For Liberty: The Case Against Involuntary Commitment Of The Mentally Disordered, Stephen J. Morse

All Faculty Scholarship

No abstract provided.

Reassessing Law Schooling: The Sterling Forest Group, Howard Lesnick

All Faculty Scholarship

No abstract provided.

Crazy Behavior, Morals, And Science: An Analysis Of Mental Health Law, Stephen J. Morse

All Faculty Scholarship

No abstract provided.

An Historical Perspective On The Attorney-Client Privilege, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.

The Twilight Of Welfare Criminology, Stephen J. Morse

All Faculty Scholarship

No abstract provided.

The Twilight Of Welfare Criminology: A Final Word, Stephen J. Morse

All Faculty Scholarship

No abstract provided.

Judicial Review Of Federal Administrative Action: Quest For The Optimum Forum, David P. Currie, Frank I. Goodman

All Faculty Scholarship

Professors Currie and Goodman present a comprehensive analysis of the variables that must be isolated and weighed in determining the optimum forum for judicial review of administrative action. While the backdrop for this study is the caseload crisis presently confronting the federal courts of appeals, their discussion illuminates the requsites for optimum judicial review generally.

Failing to perceive any compelling reason to single out administrative cases for review (in separate courts, the authors argue against the creation of special administrative appeals courts. Even if such courts were to enjoy broad subject matter jurisdiction over the most demanding aspects of the …

Note, The Preemption Doctrine: Shifting Perspectives On Federalism And The Burger Court, William W. Bratton

All Faculty Scholarship

No abstract provided.

De Facto School Segregation: A Constitutional And Empirical Analysis, Frank I. Goodman

All Faculty Scholarship

No abstract provided.

An Historical And Critical Analysis Of Interpleader, Geoffrey C. Hazard Jr., Myron Moskovitz

All Faculty Scholarship

No abstract provided.