Law Commons^™

The Polyphonic Courtroom: Expanding The Possibilities Of Judicial Discourse, Robert Rubinson

All Faculty Scholarship

This Article draws upon the ideas of Mikhail Bakhtin to critique judicial discourse as embodied in written opinions. Judicial opinions are typically monologues which reject exploration of complex issues of meaning in favor of simply justifying a result. Opinions should instead be part of a continuing dialogue whose hallmark is exploration, not simplification - what the Article characterizes as "polyphonic," Polyphonic opinions should embrace dialogue and complexity and recognize the validity of multiple perspectives. This goal can not simply be willed, however, because cognition by necessity simplifies. To meet this challenges, the Article concludes with recommendations for "judicial calisthenics," including …

Notre Dame Lawyer - Fall/Winter 1996, Notre Dame Law School

Notre Dame Lawyer

The Politics Of Postmodern Jurisprudence, Stephen M. Feldman

Michigan Law Review

What is the politics of postmodern jurisprudence? Forms of postmodern interpretivism, including philosophical hermeneutics and deconstruction, assert that we are always and already interpreting. This assertion has provoked numerous scholarly attacks, many of which invoke standard modernist hobgoblins such as textual indeterminacy, solipsism, ethical relativism, and nihilism. From the modernist standpoint, postmodern jurisprudence thus is either conservative or apolitical because it lacks the firm foundations necessary for knowledge and critique. In this article, I argue that these modernist attacks not only are mistaken but that they also obscure the potentially radical political ramifications of postmodern interpretivism. My discussion focuses on …

Eve Without Adam: What Genesis Can Teach America About The Natural Law, David F. Forte

Law Faculty Articles and Essays

I wish to make but three points. First, I want to discuss something of the history of the alliance between faith and reason in Western intellectual history and their estrangement. Second, by referring to some of the elements of the Book of Genesis, I would like to affirm the basic compatibility between the principles of natural law and the values of our religious heritage. Finally, I raise a caution regarding religious doctrine and liberty that any effective and principled alliance between faith and reason must deal with.

Computers, Urinals, And The Fourth Amendment: Confessions Of A Patron Saint, Wayne R. Lafave

Michigan Law Review

At least the title indicates that the article is somehow concerned with "the Fourth Amendment," though for anyone who knows me or is at all familiar with my work, that piece of information hardly would come as a revelation. The fact of the matter is that I almost always write about the Fourth Amendment; I am in an academic rut so deep as to deserve recognition in the Guinness Book World of Records. Search and seizure has been my cheval de bataille during my entire time as a law professor and even when I was a mere law student. …

Counter-Revolution In Constitutional Criminal Procedure? Two Audiences, Two Answers, Carol S. Steiker

Michigan Law Review

For the purposes of my argument, I adapt Professor Meir Dan-Cohen's distinction (which he in turn borrowed from Jeremy Bentham) between "conduct" rules and "decision" rules. Bentham and Dan-Cohen make this distinction in the context of substantive criminal law; for their purposes, "conduct" rules are addressed to the general public in order to guide its behavior (for example, "Let no person steal") and "decision" rules are addressed to public officials in order to guide their decisionmaking about the consequences of violating conduct rules (for example, "Let the judge cause whoever is convicted of stealing to be hanged"). But as any …

The Illiberal Court, David F. Forte

Law Faculty Articles and Essays

Justice Scalia casts up a dire warning that not only has the Supreme Court in many ways removed the Constitution from the Framers, it is also removing the democratic process from the people and their representatives.

The Vital Common Law: Its Role In A Statutory Age, M. Stuart Madden

University of Arkansas at Little Rock Law Review

No abstract provided.

A Feminist Revisit To The First-Year Curriculum, Anita Bernstein

Faculty Scholarship

No abstract provided.

The Jury Override: A Blend Of Politics And Death , Scott E. Erlich

American University Law Review

No abstract provided.

Redistributive Justice Cultural Feminism , William J. Turnier, Pamela Johnston Conover, David Lowerr

American University Law Review

No abstract provided.

Gossip And Metaphysics: The Personal Turn In Jurisprudential Writing, Michael Ansaldi

Michigan Law Review

A Review of Neil Duxbury, Patterns of American Jurisprudence and John Henry Schlegel American Legal Realism and Empirical Social Science

Are The Similarities Between A Woman's Right To Choose An Abortion And The Alleged Right To Assisted Suicide Really Compelling?, Marc Spindelman

University of Michigan Journal of Law Reform

In this Article, Marc Spindelman examines the relationship between abortion and assisted suicide. He begins his discussion with the constitutional framework within which courts should consider the assertion that the Due Process Clause of the Fourteenth Amendment protects an individual's decision to commit assisted suicide. The Author then considers and, based on relevant Supreme Court doctrine, rejects the conception of personal autonomy that undergirds the claimed constitutional right to assisted suicide. Finally, the Author points out some legal and cultural distinctions between abortion and assisted suicide, arguing that these distinctions offer courts good reasons for holding that the Fourteenth Amendment's …

The Influence Of The Arkansas Supreme Court's Opinions On Policy Made By The General Assembly: A Case Study, Chuck Smith

University of Arkansas at Little Rock Law Review

No abstract provided.

Loss Of Protection As Injury In Fact: An Approach To Establishing Standing To Challenge Environmental Planning Decisions, Miles A. Yanick

University of Michigan Journal of Law Reform

As currently interpreted by the United States Supreme Court, Article III of the Constitution creates a significant hurdle for plaintiff citizen groups seeking standing to challenge environmental planning or management decisions. In particular, plaintiffs have had difficulty in making the required showing of an 'injury in fact" where an agency has not yet approved a site-specific action but has approved only a general plan for an area to govern future site-specific actions. The Supreme Court has not articulated a clear rule for standing to challenge the latter type of agency decision making, and the courts of appeals for the various …

Front Matter, United States-Mexico Law Journal

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Masthead, United States-Mexico Law Journal

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Highways And Byways Of Nafta Commercial Law: The Challenge To Develop A Best Practice In North American Trade, Boris Kozolchyk

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The Antitrust Laws Of The United States And The Ley De Competencia Of Mexico: A Comparative Review, 1992-1994, Eleanor M. Fox

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion: Comments On The Tension Between Trade And Antitrust Laws, Jimmie V. Reyna, Harvey M. Applebaum, Gabriel Castaneda Gallardo, Eleanor M. Fox, John Gero, Terenca P. Stewart, Michael W. Gordon

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Antitrust Enforcement In Mexico 1993-1995 And Its Prospects, Gabriel Castaneda Gallardo

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The View From North Of The Border: A Canadian Pespective On Trade And Competition Views In North America, John Gero

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Harmonization Of Antitrust And Antidumping Laws: An Opportunity For Creative Experimentation In The North American Free Trade Area, Harvey M. Applebaum

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Some "Heretical" Observations On The Interaction Of U.S. Trade And Competition Laws: A Defense Of U.S. Antidumping And Countervailing Duties, Terence P. Stewart, Timothy C. Brightbill

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion Part 2: The U.S. And Mexican Companies Agree Upon Some Vertical Restraints Of Trade In Their Contract, Eleanor M. Fox, Gabriel Castaneda Gallardo, Harvey M. Applebaum

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion Part 1: Establishing An Agency Or Distributorship In Mexico, Boris Kozolchyk, Ignacio Gomez-Palacio, Juan Manuel Trujillo

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion Part 3: Horizontal Restraints Of Trade Between Competitors In Mexico And The United States, Eleanor M. Fox, Gabriel Castaneda Gallardo, Harvey M. Applebaum

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion Part 4: Challenges By Competitors And Governments In Response To Foreign Subsidies, Dumping And Import Surges, Harvey M. Applebaum, Gabriel Castaneda Gallardo, Terence P. Stewart, John Gero

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion Part 5: A Serious Accident Occurs In The Mexican Plant: Problems Of Corporate And Product Liability, Keith Harvey, Ted Occhialino, Boris Kozolchyk, Ignacio Gomez-Palacio

United States - Mexico Law Journal (1993-2005)

No abstract provided.

International Antitrust Cooperation In Nafta: The International Antitrust Assistance Act Of 1994, Charles Seward Stark

United States - Mexico Law Journal (1993-2005)

No abstract provided.