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Articles 1 - 15 of 15
Full-Text Articles in Law
A Bicentennial Symposium--The Constitution And Human Values: The Unfinished Agenda, Milner S. Ball
A Bicentennial Symposium--The Constitution And Human Values: The Unfinished Agenda, Milner S. Ball
Scholarly Works
The participants in this Symposium share a commitment to explore the question whether law--constitutional law in particular--is one of the humanities and therefore subject to understanding, critique, conceptualization, and practice in freshly humanizing modes. These authors--lawyers, poets, philosophers, writers, activists--make no great claims for their individuals labors or their shared enterprise. They prefer instead to let the work speak for itself.
Artists, Workers, And The Law Of Work: Keynote Address, Howard Lesnick
Artists, Workers, And The Law Of Work: Keynote Address, Howard Lesnick
All Faculty Scholarship
No abstract provided.
An Analysis Of Public Attitudes Toward The Insanity Defense, Valerie P. Hans
An Analysis Of Public Attitudes Toward The Insanity Defense, Valerie P. Hans
Cornell Law Faculty Publications
Results from a public opinion survey of knowledge, attitudes, and support for the insanity defense indicate that people dislike the insanity defense for both retributive and utilitarian reasons: they want insane law-breakers punished, and they believe that insanity defense procedures fail to protect the public. However, people vastly overestimate the use and success of the insanity plea. Several attitudinal and demographic variables that other researchers have found to be associated with people's support for the death penalty and perceptions of criminal sentencing are also related to support for the insanity defense. Implications for public policy are discussed.
Organised Crime As Terrorism, Mark Findlay
Organised Crime As Terrorism, Mark Findlay
Research Collection Yong Pung How School Of Law
In a somewhat belated incursion into the international debate about the threat of organised crime, Federal and State governments in Australia have chosen to represent the 'menace' as an attack on the institution of the state as much as a physical and financial danger to society. This is consistent with the approaches of governments in the United States and Italy in constructing the reality of the Mafia.
Court-Ordered Foster Family Care Reform: A Case Study, Michael B. Mushlin
Court-Ordered Foster Family Care Reform: A Case Study, Michael B. Mushlin
Elisabeth Haub School of Law Faculty Publications
The authors examine the implications of G. L. v. Zumwalt, a case that resulted in a far-reaching consent decree that mandates specific reforms in policy and practice to be implemented by a public social welfare agency in its delivery of services to foster children and their families.
Proposals To Amend Rule 68 - Time To Abandon Ship, Stephen B. Burbank
Proposals To Amend Rule 68 - Time To Abandon Ship, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Developments In Law - Toxic Waste Litigation, Howard F. Chang
Developments In Law - Toxic Waste Litigation, Howard F. Chang
All Faculty Scholarship
No abstract provided.
Freedom Of Speech As Therapy, Pierre Schlag
Textbooks, Judges, And Science, Edward J. Larson
Textbooks, Judges, And Science, Edward J. Larson
Scholarly Works
This Article offers a spectator's guide to this controversy by three central issues in Aguillard. First, the Article examines the persistent interest of both creationists and evolutionists in the content of public-school biology instruction, which is reflected in passage of the Balanced Treatment Act, and the overwhelming, organized opposition to its implementation. Focusing on the impact o science in recent decisions, the second section of the Article reviews judicial responses to the cases spawned by the controversy over creationist and evolutionary instruction. The Article concludes by exploring the central role played by scientific opinion in the legal arguments for and …
Instructions On Death: Guiding The Jury’S Sentencing Discretion In Capital Cases, Stephen Ellmann
Instructions On Death: Guiding The Jury’S Sentencing Discretion In Capital Cases, Stephen Ellmann
Other Publications
No abstract provided.
Discrimination, Jobs, And Politics, Anita L. Allen
Discrimination, Jobs, And Politics, Anita L. Allen
All Faculty Scholarship
No abstract provided.
Resistance Tactics For Tokens, Regina Austin
Resistance Tactics For Tokens, Regina Austin
All Faculty Scholarship
No abstract provided.
Styles Of Law And The Attainment Of Social Justice, Richard O. Lempert, Joseph Sanders
Styles Of Law And The Attainment Of Social Justice, Richard O. Lempert, Joseph Sanders
Book Chapters
In the last chapter we focused on the meaning of legal autonomy and on the constituent elements of the ideal type. We noted two requisites for the autonomous application of law: judicial formalism and equal competence. But we also argued that the autonomous application of law does not guarantee that the law as applied will not perpetuate or advance socioeconomic differences. For applied law to be autonomous in this further sense, legal norms, in addition, must be status neutral, and the distribution of welfare in society must be such that the neutral norms do not disproportionately benefit some people. These …
Boycott, Theodore J. St. Antoine
Boycott, Theodore J. St. Antoine
Book Chapters
A boycott is a group refusal to deal. Such concerted action is an effective way for society’s less powerful members,such as unorganized workers or racial minorities, to seek fair treatment in employment, public accommodations,and public services. But as the Supreme Court recognized in Eastern States Retail Lumber Dealers’ Association v.United States (1914): ‘‘An act harmless when done by one may become a public wrong when done by many acting in concert, for it then takes on the form of a conspiracy.’’
Gift, Sale, Payment, Raid: Case Studies In The Negotiation And Classification Of Exchange In Medieval Iceland, William I. Miller
Gift, Sale, Payment, Raid: Case Studies In The Negotiation And Classification Of Exchange In Medieval Iceland, William I. Miller
Articles
Near the end of Eyrbyggja saga Porir asks Ospak and his men where they had gotten the goods they were carrying. Ospak said that they had gotten them at Pambardal. "How did you come by them?" said Porir. Ospak answered, "They were not given, they were not paid to me, nor were they sold either." Ospak had earlier that evening raided the house of a farmer called Alf and made away with enough to burden four horses. And this was exactly what he told Porir when he wittily eliminated the other modes of transfer by which he could have acquired …