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Articles 1 - 11 of 11

Full-Text Articles in Law

National Association For The Advancement Of Colored People V. Claiborne Hardware Company, Lewis F. Powell, Jr. Oct 1981

National Association For The Advancement Of Colored People V. Claiborne Hardware Company, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


Rawls, Justice, And The Income Tax, Charles R.T. O'Kelley Sep 1981

Rawls, Justice, And The Income Tax, Charles R.T. O'Kelley

Scholarly Works

To the extent the primacy of justice is acknowledged in tax policy debate, such acknowledgment is coupled with the assertion that, of course, questions of justice cannot be meaningfully debated. The discussants then attempt to resolve the issue in question by use of ad hoc arguments of fairness and efficiency. The major purpose of this article is to show that not only is justice the primary issue, but that questions of justice can be meaningfully addressed. First, I will examine some of the ad hoc arguments of fairness and efficiency which have been made by proponents of a consumption base …


Society's Choice And Legal Change, Alan Watson Jul 1981

Society's Choice And Legal Change, Alan Watson

Scholarly Works

This Article is one of a continuing series of writings by the author on both the connection between a society and the legal rules and institutions that operate within it and on the forces that control legal change. My aim is to express more clearly than I have previously the role of lawyers and the legal tradition in changing the law, and the implications of this role for social choice theory in the realm of law.


Crisis In Legal Services For The Poor, Roger C. Cramton Mar 1981

Crisis In Legal Services For The Poor, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.


Suing As A First Resort (Reviewing Marks, The Suing Of America: Why And How We Take Each Other To Court And Lieberman, The Litigious Society), Lori B. Andrews Feb 1981

Suing As A First Resort (Reviewing Marks, The Suing Of America: Why And How We Take Each Other To Court And Lieberman, The Litigious Society), Lori B. Andrews

All Faculty Scholarship

No abstract provided.


Preconstitutional Rule, Richard Kay Jan 1981

Preconstitutional Rule, Richard Kay

Faculty Articles and Papers

No abstract provided.


A "Humanitarian" Approach To Individual Injury, Christina B. Whitman Jan 1981

A "Humanitarian" Approach To Individual Injury, Christina B. Whitman

Reviews

Individual injury law was once an important arena for the definition of shared values. It has increasingly become the domain of various species of systems analysts who measure legal results against external norms defined by such disciplines as economics. Although legal scholars continue to use the expectations and beliefs of ordinary men and women in fashioning rules for the redress of constitutional injuries, common-law scholars have become less willing to ground legal principles in moral consensus. There are notable exceptions. Among these is Professor Marshall Shapo, who, in two recent works, attempts to develop a legal analysis of injury that …


Language, Audience, And The Transformation Of Disputes, Lynn Mather, Barbara Yngvesson Jan 1981

Language, Audience, And The Transformation Of Disputes, Lynn Mather, Barbara Yngvesson

Journal Articles

This article develops an analytic framework for comparing dispute processing within a single institution and across different cultures, by focusing on the transformation of disputes. Case studies from diverse nonwestern and western settings are examined to show how disputes change as they are processed in response to the interests of various participants. Disputants, supporters, third parties, and relevant publics seek to rephrase and thus transform a dispute by imposing established categories for classifying events and relationships (narrowing), or by developing a framework which challenges established categories (expansion). Disputes may be expanded by adding new issues, by enlarging the arena of …


Legal And Medical Education Compared: Is It Time For A Flexner Report On Legal Education, Robert M. Hardaway Jan 1981

Legal And Medical Education Compared: Is It Time For A Flexner Report On Legal Education, Robert M. Hardaway

Sturm College of Law: Faculty Scholarship

The purpose of this Article is to explore the common elements of legal and medical education and to compare the reform movements in each profession, with a view toward finding an explanation for the widely differing conditions that exist today in the education of each profession. For example, why is it that medical education can provide facilities and training costing up to ten times that provided law students? Why do medical schools receive outside financial support paying up to 95% of the costs of medical education while law schools are supported primarily by tuition and fees? Why do medical students …


Suppression Of Popular Gatherings In England, 1800-1830, Frank W. Munger Jan 1981

Suppression Of Popular Gatherings In England, 1800-1830, Frank W. Munger

Articles & Chapters

No abstract provided.


Judge Frankel And The Adversary System, William T. Pizzi Jan 1981

Judge Frankel And The Adversary System, William T. Pizzi

Publications

No abstract provided.