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Articles 1 - 15 of 15
Full-Text Articles in Law
Law, Language And Terror: Policemen Or Soldiers? The Dangers Of Misunderstanding The Threat To America (Commentary On 9-11), Kenneth Anderson
Law, Language And Terror: Policemen Or Soldiers? The Dangers Of Misunderstanding The Threat To America (Commentary On 9-11), Kenneth Anderson
Articles in Law Reviews & Other Academic Journals
This article was offered in 2001 as the Times Literary Supplement's main commentary the week following 9-11. The essay argues that 9-11 required war as a response, and challenges views expressed in the days following 9-11 by commentators such as Anne-Marie Slaughter and Michael Ignatieff that the proper response by the United States should be criminal law in nature - either international criminal law, through international tribunals or procedures, or domestic criminal law of the kind pursued in the first 1993 World Trade Center bombing. It further argues against the functional pacifism of many Christian theologians who, while approving of …
Of Two Wrongs That Make A Right: Two Paradoxes Of The Evidence Law And Their Combined Economic Justification, Alex Stein
Of Two Wrongs That Make A Right: Two Paradoxes Of The Evidence Law And Their Combined Economic Justification, Alex Stein
Faculty Scholarship
No abstract provided.
Breaking On Through To The Other Side: Understanding Continental European Corporate Governance, Ángel Oquendo
Breaking On Through To The Other Side: Understanding Continental European Corporate Governance, Ángel Oquendo
Faculty Articles and Papers
No abstract provided.
Making Our Home In The Works Of God: Lutherans On The Civil Use Of The Law, Marie A. Failinger, Patrick R. Keifert
Making Our Home In The Works Of God: Lutherans On The Civil Use Of The Law, Marie A. Failinger, Patrick R. Keifert
Faculty Publications
No abstract provided.
The Challenge Of Punitive Damages Mathematics, W. Kip Viscusi
The Challenge Of Punitive Damages Mathematics, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
Proposals to provide juries with specific numerical instructions for setting punitive damages should bring greater rationality to punitive damages awards. This approach is tested using evidence from 353 jury-eligible citizens who applied these formulas to a series of legal cases. Few respondents assessed the correct values of punitive damages from the standpoint of deterrence. Anchoring effects of appeals by a plaintiffs lawyer or media coverage of similar awards lead respondents to abandon the punitive damages formula and set punitive damages based on the anchor. Minorities and the less well educated were particularly unwilling or unable to apply the recommended punitive …
Romantic Common Law, Enlightened Civil Law: Legal Uniformity And The Homogenization Of The European Union, Vivian Grosswald Curran
Romantic Common Law, Enlightened Civil Law: Legal Uniformity And The Homogenization Of The European Union, Vivian Grosswald Curran
Articles
The main thrust of this article is to suggest how legal uniformity may result in the European Union despite its Member States' encompassing the two highly distinct legal traditions of the common law and the civil law. My theory is that the defining characteristics of the civil-law legal culture, although in stark and profound contrast with those of the common-law legal system, nevertheless appear prominently and pervasively in the non-legal spheres of common-law nations; and vice versa, such that common-law legal characteristics correspond closely to elements often excluded from civil-law legal cultures, but which are included in the non-legal domains …
Care As A Public Value: Linking Responsibility, Resources, And Republicanism, Linda C. Mcclain
Care As A Public Value: Linking Responsibility, Resources, And Republicanism, Linda C. Mcclain
Faculty Scholarship
I begin this Article with the preceding two statements concerning care for children because they focus on the relationship between resources and responsibility and capture two conflicting approaches to that relationship. The first statement resists a definition of "responsibility" that leaves out the work of social reproduction, that is, of caring for children and preparing them to take their place as responsible, self-governing members of society. Highlighting the lack of resources that poor parents face when tackling the work of social reproduction, the statement also suggests common ground among parents across class lines as to the importance of caring for …
The Calm After The Storm: First Amendment Cases In The Supreme Court's 2000-2001 Term, Joel Gora
The Calm After The Storm: First Amendment Cases In The Supreme Court's 2000-2001 Term, Joel Gora
Faculty Scholarship
No abstract provided.
The Storm Arrives: The First Amendment Cases In The Supreme Court's 1999-2000 Term, Joel Gora
The Storm Arrives: The First Amendment Cases In The Supreme Court's 1999-2000 Term, Joel Gora
Faculty Scholarship
No abstract provided.
The Latest Word From The Supreme Court On Punitive Damages (Symposium: The Thirteenth Annual Supreme Court Review), Leon D. Lazer
The Latest Word From The Supreme Court On Punitive Damages (Symposium: The Thirteenth Annual Supreme Court Review), Leon D. Lazer
Scholarly Works
No abstract provided.
Linguistic Issues: Is Plain English The Answer To The Needs Of The Jurors?, Leon D. Lazer
Linguistic Issues: Is Plain English The Answer To The Needs Of The Jurors?, Leon D. Lazer
Scholarly Works
No abstract provided.
Vermont Civil Unions, Full Faith And Credit, And Marital Status, Lewis A. Silverman
Vermont Civil Unions, Full Faith And Credit, And Marital Status, Lewis A. Silverman
Scholarly Works
No abstract provided.
Moving Toward A First-Best World: Minnesota's Position On Multiethnic Adoptions, Margaret F. Brinig
Moving Toward A First-Best World: Minnesota's Position On Multiethnic Adoptions, Margaret F. Brinig
Journal Articles
The best world allows a child to grow to adulthood with biological parents, or at least one parent, who love the child unconditionally and who have resources to support the child. A second-best world allows the child to permanently and completely become part of an extended family that loves him or her and has the resources for supporting and meeting the child's needs. Hopefully this process costs little in terms of time or emotional or physical harm to the child. In traditional third-party adoptions, the child permanently moves and becomes part of (hopefully, at low cost) a family that will …
On Castles And Commerce: Zoning Law And The Home Business Dilemma, Nicole Stelle Garnett
On Castles And Commerce: Zoning Law And The Home Business Dilemma, Nicole Stelle Garnett
Journal Articles
Most zoning laws severely restrict residents' ability to work from home. Some prohibit it outright. These regulations serve the ostensible purpose of protecting neighbors from externalities that might be generated by home businesses. But, home occupation restrictions also reflect in a particularly sharp way the central motivating ideology underlying all zoning laws - namely, that the good life requires the careful segregation of work and home. Today, home business regulations are being challenged by both planning theory and economic reality. At the same time that many in the academy and planning professions are calling into question zoning's pervasive segregation of …
Criminal Theory In The Twentieth Century, George P. Fletcher
Criminal Theory In The Twentieth Century, George P. Fletcher
Faculty Scholarship
The theoretical inquiry into the foundations of criminal law in the twentieth century, in both civil and common law traditions, is assayed by the consideration of seven main currents or trends. First, the structure of offenses is examined in light of the bipartite, tripartite, and quadripartite modes of analysis. Second, competing theories of culpability – normative and descriptive – are weighed in connection with their important ramifications for the presumption of proof and the allocation of the burden of persuasion on defenses. Third, the struggle with alternatives to punishment for the control and commitment of dangerous but non-criminal persons is …