Law Commons^™

Violence In College Students' Dating Relationships, Carol K. Sigelman, Carol E. Jordan-Berry, Katharine A. Wiles

Office for Policy Studies on Violence Against Women Publications

In a survey of 504 college students examining predictors of violence in heterosexual relationships, over half of both men and women had committed at least one physically violent act. Modest associations between physical violence and sexual aggression were uncovered. In a series of discriminant analyses, men who abused their partners were not readily distinguished from men who did not, but tended to by young, low in family income, traditional in attitudes toward women, abused as children, currently living with a women, and from Appalachian areas.

The Great Depression, The New Deal, And The American Legal Order, Michael E. Parrish

Washington Law Review

Historians' reconceptualization of the nineteenth century American legal order has led to a reconsideration of law and the state in modem America. The origins of administrative law, redistributive social programs, and a concern for economic planning lie not in the progressive era of Theodore Roosevelt and Woodrow Wilson, as once thought, but in the final decades of the nineteenth century. The old liberal synthesis, which posited a continuing legal struggle between big business on the one hand and selfless, idealistic reformers on the other, began to lose credibility in light of modem research. Many historians now argue persuasively that corporate …

Law & Society: Its Research, Richard O. Lempert

Articles

Writing in 1968 on research in the then infant discipline of law and social science, Harry Kalven noted with some pride the growing body of book-length work in the area. While the "relevant" bookshelf in Kalven's office was "still well under five feet," there had for Kalven "been nothing like [these books] previously, and their existence mark[ed] a major change in the relationship of law and science." Today, when I look around my office, I see 11 relevant bookshelves, which is only a small fraction of what has been produced.

The Right To Die: Florida Breaks Through Legal Deadlock, Bridget Ann Berry

Florida State University Law Review

No abstract provided.

Introduction, Charles R. Halpern, James B. Halpern

Buffalo Law Review

No abstract provided.

The View From The Hilltop, Saul Touster

Buffalo Law Review

No abstract provided.

Text And Intellect, Monroe E. Price

Buffalo Law Review

No abstract provided.

Obligation: Not To The Law But To The Neighbor, Milner S. Ball

Scholarly Works

In this article I will first address the strongest yet still unsatisfactory argument for an obligation to obey the law, the argument that the government and its officers are obligated to obey the law. I will then consider the weaker, more satisfactory argument that citizens have an obligation to obey the law. I will conclude by taking up the issue that I find more interesting and important: the absence of a biblical basis for an obligation to obey the law.

Justice, Mercy, And Craziness, Stephen J. Morse

Faculty Scholarship at Penn Carey Law

No abstract provided.

The Unnecessary Doctrine Of Necessaries, Michigan Law Review

Michigan Law Review

This Note argues that neither the traditional nor the modem necessaries doctrines are justifiable in contemporary society. Part I investigates the practical effects of both the traditional and contemporary necessaries doctrines and demonstrates that neither is an effective mechanism for providing support to a needy spouse. While a more successful support remedy might be devised to replace modem and traditional versions of the necessaries rule, Part II shows that yet another reformulation would not be worthwhile because the theoretical underpinnings of the doctrine are faulty. There is no persuasive evidence to establish the existence of the narrow support problem the …

Public Opinion Of Forensic Psychiatry Following The Hinckley Verdict, Dan Slater, Valerie P. Hans

Cornell Law Faculty Publications

The authors obtained opinions of forensic psychiatry in a community survey following the not guilty by reason of insanity verdict in the Hinckley trial. A majority of respondents expressed little or no confidence in the specific psychiatric testimony in the Hinckley trial and only modest faith in the general ability of psychiatrists to determine legal insanity. Respondents' general and specific attitudes were strongly related. Younger people and women were more positive in their views of psychiatry in the courtroom.

The Second Generation Of Immigrants, Henry G. Schermers

Michigan Law Review

During the 1960s, many workers from the Mediterranean region migrated to more northerly regions of Europe. Often they brought their wives, and children were born in the host country. The situation of these children, the "second generation" of immigrants, deserves our attention.

In many respects the offspring who make up this second generation of immigrants are closer to their country of residence than to the country of their parents. Yet the desirability of integrating these young people into the country where they were born and live may be questioned. If they are able to speak their parents' language, they could …

Revitalizing American Liberalism, David Gregory

Buffalo Law Review

Book review of Brue Ackerman's Reconstructing American Law

Governmental Immunity And The Release Of Dangerous Inmates From State Institutions: Can The State Get Away With Murder?, David P. Marcus

Buffalo Law Review

No abstract provided.

Education For Self-Government: Reassessing The Role Of The Public School In A Democracy, Charles R. Lawrence Iii

Michigan Law Review

A Review of Compelling Belief: The Culture of American Schooling by Stephen Arons

Turning Away From Law?, David M. Trubek

Michigan Law Review

A Review of The Politics of Informal Justice, Volume 1: The American Experience; Volume 2: Comparative Studies by Richard L. Abel and Justice Without Law? by Jerold S. Auerbach

Values And Assumptions In American Labor Law, Michigan Law Review

Michigan Law Review

A Review of Values and Assumptions in American Labor Law by James B. Atleson

The Home Front: Notes From The Family War Zone, Michigan Law Review

Michigan Law Review

A Review of The Home Front: Notes from the Family War Zone by Louise Armstrong

Legal Education: Its Causes And Cure, Marc Feldman, Jay M. Feinman

Michigan Law Review

A Review of Law School: Legal Education in America From the 1850s to the 1980s by Robert Stevens

New Perspectives On Prisons And Imprisonment, Michigan Law Review

Michigan Law Review

A Review of New Perspectives on Prisons and Imprisonment by James B. Jacobs

Over The Wire And On Tv: Cbs And Upi In Campaign '80, Michigan Law Review

Michigan Law Review

A Review of Over the Wire and On TV: CBS and UPI in Campaign '80 by Michael J. Robinson and Margaret A. Sheehan

Only Judgment: The Limits Of Litigation In Social Change, Michigan Law Review

Michigan Law Review

A Review of Only Judgment: The Limits of Litigation in Social Change by Aryeh Neier

Legal Education And The Reproduction Of Hierarchy: A Polemic Against The System, Michigan Law Review

Michigan Law Review

A Review of Legal Education and the Reproduction of Hierarchy: A Polemic Against the System by Duncan Kennedy

"Plain Crazy:" Lay Definitions Of Legal Insanity, Valerie P. Hans, Dan Slater

Cornell Law Faculty Publications

The 1982 Not Guilty by Reason of Insanity (NGRI) verdict in the trial of John Hinckley, Jr., would-be assassin of President Reagan, again has brought to the forefront long-standing public dissatisfaction in the United States with the insanity plea. In the wake of the Hinckley verdict, proposals for reform or abolition of the insanity defense have been submitted to both houses of the U.S. Congress and to state legislatures throughout the nation (Cunningham, 1983). Fueling this reform movement is apparent public dissatisfaction with the insanity plea as it is currently defined.

In contrast to voluminous literature concerning legal and psychiatric …

Self-Reliance And Coalition In An Age Of Reaction, Henry Mcgee

Faculty Articles

In this Foreward, Professor McGee comments on the continued vitality of the Black Law Journal. This vitality shows that the plight of racial minorities will be continually addressed from a variety of intellectual perspectives.

Notes Toward An Intimate, Opinionated, And Affectionate History Of The Conference On Critical Legal Studies, John Henry Schlegel

Journal Articles

No abstract provided.

Curtailment Of Early Election Predictions: Can We Predict The Outcome?, Leslie Yalof Garfield

Elisabeth Haub School of Law Faculty Publications

This note analyzes the constitutional ramifications of legislative attempts to restrict early election predictions. First, specific congressional proposals and state legislative enactments will be examined. Secondly, the various standards of review the Supreme Court applies when government regulation threatens to infringe upon first amendment free speech will be examined. Lastly, this paper will examine the competing interests involved in early election predictions and will conclude that limitations on this process would be an unconstitutional impairment of the public's first amendment rights.

Availability Of A New York Class Action For Railroad Commuters: David V. Goliath, Maura E. O'Sullivan

Fordham Urban Law Journal

A class action brought under the New York statute (modeled after Federal Rule 23 of Civil Procedure) is an appropriate procedural device for remedying the continual breaches of the commuter carriage contract. In Pennsylvania Railroad Co. v. Puritan Coal Mining Co., the Supreme Court held that the common law mandates that common carriers treat passengers reasonably. Additionally, in the contract carriage, the carrier impliedly guarantees that the vehicle is in sound and proper order. Individual suits, unfortunately, have little effect on the actions of the common carriers; only nominal damages have been awarded in commuter actions against railroads for equipment …

The Determination Of Occupational Health And Safety Standards In Ontario 1860-1982: From Markets To Politics To...?, Eric Tucker

Articles & Book Chapters

The author reviews the historical development of the decision-making frameworks within which courts and the Legislature have made choices regarding the allocation of risks to health and safety in the workplace. Arguing that this development has been conditioned by the necessity of satisfying in a capitalist democracy conflicting demands to facilitate capital accumulation and to justify to the electorate the manner in which choices regarding the structure of the processes of production have been made, the author contends that recent pressure to adopt cost-benefit analysis to satisfy the demands of legitimation and accumulation, and challenges its adequacy as a normative …

The Oven Bird's Song: Insiders, Outsiders, And Personal Injuries In An American Community, David M. Engel

Journal Articles

In "Sander County" Illinois, concerns about litigiousness in the local population tended to focus on personal injury suits, although such cases were very rarely brought. This article explores the roots of these concerns in the ideology of the rural community and in the reactions of many residents to social, cultural, and economic changes that created a pervasive sense of social disintegration and loss. Personal injury claims are contrasted with contract actions, which were far more numerous yet were generally viewed with approval and did not give rise to perceptions of litigiousness or greed. The distinction is explained in terms of …