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Law and Society

1991

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Articles 1 - 30 of 113

Full-Text Articles in Law

Media Coverage Of Law: Its Impact On Juries And The Public, Valerie P. Hans, Juliet Dee Dec 1991

Media Coverage Of Law: Its Impact On Juries And The Public, Valerie P. Hans, Juliet Dee

Cornell Law Faculty Publications

Because most of the public has little direct experience with the justice system, public knowledge and views of law and the legal system are largely dependent on media representations. The media provide many lessons about law and justice. In the average American household, a TV set is on for over 7 hours each day, and individual members of the family watch television for about 3 hours. Television news and police and crime dramas account for a substantial amount of incidental learning about the nature of the legal system. Newspapers and films also contribute to the public's knowledge and attitudes about …


Implementing Corruption Prevention Strategies Through Codes Of Conduct, Mark Findlay, Andrew Stewart Nov 1991

Implementing Corruption Prevention Strategies Through Codes Of Conduct, Mark Findlay, Andrew Stewart

Research Collection Yong Pung How School Of Law

The concept of a code of conduct, as it appears in corruption prevention strategies, could be viewed as rather misleading. While dealing with conduct in some preferred or preemptive sense, these frameworks for "guidelines" bear little resemblance to prescriptive legal codes.


Tribe's Judicious Feminism, Anita L. Allen Nov 1991

Tribe's Judicious Feminism, Anita L. Allen

All Faculty Scholarship

No abstract provided.


Exempting The Mentally Retarded From The Death Penalty: A Comment On Florida's Proposed Legislation, V. Stephen Cohen Oct 1991

Exempting The Mentally Retarded From The Death Penalty: A Comment On Florida's Proposed Legislation, V. Stephen Cohen

Florida State University Law Review

No abstract provided.


Legal Images Of Battered Women: Redefining The Issue Of Separation, Martha R. Mahoney Oct 1991

Legal Images Of Battered Women: Redefining The Issue Of Separation, Martha R. Mahoney

Michigan Law Review

Part I of this article discusses violence in the ordinary lives of women, describing individual and societal denial that pretends domestic violence is rare when statistics show it is common, and describing the ways in which motherhood shapes women's experience of violence and choices in response to violence. Part II examines definitions of battering and evaluates their effectiveness at disguising or revealing the struggle for control at the heart of the battering process. I then describe in Part III the pressures that self-defense and custody cases place on legal and cultural images of battered women and contrast the development of …


Compounding Or Creating Confusion About Supplemental Jurisdiction? A Reply To Professor Freer, Thomas D. Rowe Jr., Stephen B. Burbank, Thomas M. Mengler Oct 1991

Compounding Or Creating Confusion About Supplemental Jurisdiction? A Reply To Professor Freer, Thomas D. Rowe Jr., Stephen B. Burbank, Thomas M. Mengler

All Faculty Scholarship

No abstract provided.


Mandatory Pro Bono, Roger C. Cramton Jul 1991

Mandatory Pro Bono, Roger C. Cramton

Cornell Law Faculty Publications

Should lawyers be required to devote a portion of their time or money to public service activities? This issue, commonly referred to as "mandatory pro bono," is much discussed these days. The purpose of this article is to illuminate the policychoices before the profession by surveying the arguments for and against mandatory pro bono.


Black, Brown, Poor & Poisoned: Minority Grassroots Environmentalism And The Quest For Eco-Justice, Regina Austin, Michael H. Schill Jul 1991

Black, Brown, Poor & Poisoned: Minority Grassroots Environmentalism And The Quest For Eco-Justice, Regina Austin, Michael H. Schill

All Faculty Scholarship

No abstract provided.


Experimenting With The "Right To Die" In The Laboratory Of The States, Thomas A. Eaton, Edward J. Larson Jul 1991

Experimenting With The "Right To Die" In The Laboratory Of The States, Thomas A. Eaton, Edward J. Larson

Scholarly Works

The purposes of this Article are twofold. Our first purpose is to reexamine the legal foundations of a patient's right to refuse treatment. The Court's equivocal handling of the federal constitutional issues in Cruzan v. Director, Missouri Department of Health invites a closer look at state constitutional, statutory and common law. The source of the underlying right will affect state experimentation with substantive and procedural rules in this area. Our second purpose is to describe the current status of the states' experiments with the right to die. That is, we elaborate in more detail on the state constitutional, statutory and …


Shame, Culture, And American Criminal Law, Toni M. Massaro Jun 1991

Shame, Culture, And American Criminal Law, Toni M. Massaro

Michigan Law Review

The purpose of this Article is to analyze whether this link is one that American criminal court judges can, or should, exploit. I begin with a description of the new shaming sanctions and the possible justifications for this type of penalty. I then identify both psychological and anthropological aspects of the phenomenon of shame, or "losing face." I describe several cultures in which shaming practices are, or were, significant means of sanctioning behavior, and outline the shared features of these cultures.

These psychological and anthropological materials, taken together, suggest that shaming practices are most effective and meaningful when five conditions …


Time And Property In The American Republican Legal Culture, Gregory S. Alexander May 1991

Time And Property In The American Republican Legal Culture, Gregory S. Alexander

Cornell Law Faculty Publications

Modern historians including J.G.A. Pocock and Gordon Wood have demonstrated the degree to which revolutionary American political discourse incorporated "civic republican" notions of virtue, property, and citizenship that promoted stable land ownership and active political participation. These historians also have argued that the republican view soon gave way to the now-dominant liberal view that champions the alienability of property and private over public life. Professor Alexander argues that this history is too neat. In fact, American republicanism contained unreconciled "dialectical" tensions—between individual rights and societal goals, stability of ownership and wealth redistribution, historical continuity and change—that, though now expressed in …


Understanding Legal Compliance, V. Lee Hamilton May 1991

Understanding Legal Compliance, V. Lee Hamilton

Michigan Law Review

A Review of Why People Obey the Law by Tom R. Tyler


Abortion And The Law: A Problem Without A Solution?, Robert F. Drinan S.J. May 1991

Abortion And The Law: A Problem Without A Solution?, Robert F. Drinan S.J.

Michigan Law Review

A Review of Abortion: The Clash of Absolutes by Laurence H. Tribe


Observations Of A Latvian Practitioner, Valentin Blueger May 1991

Observations Of A Latvian Practitioner, Valentin Blueger

Vanderbilt Journal of Transnational Law

After having heard so many distinctive speakers, I thought of what might be of interest more specifically on a few issues. You can certainly understand that there is a lot in common among all of the countries of Eastern Europe right now. There are a few topics that were mentioned in every speech. There is privatization, the monopolization of the economy, and the transformation of the system into a free market society.

In the Soviet Union, there has been a very contradictive process going on within the last six months. Everything said before in terms of changing the system appears …


The Substance Of Equality, Jeremy Waldron May 1991

The Substance Of Equality, Jeremy Waldron

Michigan Law Review

A Review of Speaking of Equality: An Analysis of the Rhetorical Force of "Equality" in Moral and Legal Discourse by Peter Westen


The Meaning Of Dissent, Lee C. Bollinger May 1991

The Meaning Of Dissent, Lee C. Bollinger

Michigan Law Review

A Review of The First Amendment, Democracy, and Romance by Steven H. Shiffrin


Harmony, Law, And Anthropology, Daniel H. Levine May 1991

Harmony, Law, And Anthropology, Daniel H. Levine

Michigan Law Review

A Review of Harmony Ideology: Justice and Control in a Zapotec Mountain Village by Laura Nader


Groups In Perspectives, Carol Weisbrod Apr 1991

Groups In Perspectives, Carol Weisbrod

Faculty Articles and Papers

No abstract provided.


Conceiving Due Process, Cynthia R. Farina Apr 1991

Conceiving Due Process, Cynthia R. Farina

Cornell Law Faculty Publications


The American Jury At Twenty-Five Years, Valerie P. Hans, Neil Vidmar Apr 1991

The American Jury At Twenty-Five Years, Valerie P. Hans, Neil Vidmar

Cornell Law Faculty Publications

The year 1991 marks the twenty-fifth anniversary of the publication of Harry Kalven, Jr. and Hans Zeisel's classic work, The American Jury. Arguably one of the most important books in the field of law and social science, this research monograph began the modrn field of jury studies and deeply influenced contemporary understanding of the jury as an institution.

In this essay we assess the book from the vantage point of a quarter- century. First, we provide a historical backdrop by reviewing the activities of the University of Chicago's Jury Project that led to the publication of The American Jury …


Corruption Control And Monstering: Government Agendas, Community Expectations And The Icac Solution, Mark Findlay Mar 1991

Corruption Control And Monstering: Government Agendas, Community Expectations And The Icac Solution, Mark Findlay

Research Collection Yong Pung How School Of Law

In 1818, the Governor of the Chinese province of Shansi reported the case of Chan Lin who, while gatekeeper for the district magistrate, maintained "external criminal connections". Using his position he endeavoured to get a money changer to accept for exchange more than 300 ounces of sub-standard silver. Upon being rebuffed he took steps to have the money changer locked up. The Board of Punishments (which was a senior court of appeal in China during that period) held that because the act differed in no way from extortion as practised by rapacious government underlings, it would be improper to show …


Affirmative Action As A Majoritarian Device: Or, Do You Really Want To Be A Role Model?, Richard Delgado Mar 1991

Affirmative Action As A Majoritarian Device: Or, Do You Really Want To Be A Role Model?, Richard Delgado

Michigan Law Review

Have you ever noticed how affirmative action occupies a place in our system of law and politics far out of proportion to its effects in the real world? Liberals love talking about and sitting on committees that define, oversee, defend, and give shape to it. Conservatives are attached to the concept for different reasons: they can rail against it, declare it lacking in virtue and principle, and use it to rally the troops. Affirmative action is something they love to hate. The program also generates a great deal of paper, conversation, and jobs probably more of the latter for persons …


Social Science And The Courts: The Role Of Amicus Curiae Briefs, Ronald G. Roesch, Stephen L. Golding, Valerie P. Hans, N. Dickon Reppucci Feb 1991

Social Science And The Courts: The Role Of Amicus Curiae Briefs, Ronald G. Roesch, Stephen L. Golding, Valerie P. Hans, N. Dickon Reppucci

Cornell Law Faculty Publications

Social scientists have increasingly become involved in the submission of amicus curiae or "friend of the court" briefs in legal cases being decided by state and federal courts. This increase has triggered considerable debate about the use of briefs to communicate relevant social science research. This article evaluates the strengths and weaknesses of various methods of summarizing social science research for the courts. It also reviews the procedures for submitting briefs developed by the American Psychology-Law Society which, in collaboration with the American Psychological Association, has submitted its first brief in Maryland v. Craig, a case recently decided by …


A Memorial To Bernie Becker, Eric S. Janus Jan 1991

A Memorial To Bernie Becker, Eric S. Janus

Faculty Scholarship

A tribute to Bernie Becker, lawyer and proponent for the Legal Aid society.


Debts, Job Choices, And Financial Burden: Educational Debts At Nine American Law Schools, David L. Chambers Jan 1991

Debts, Job Choices, And Financial Burden: Educational Debts At Nine American Law Schools, David L. Chambers

Books

American law students are borrowing large sums of money. For graduates at many schools, cumulative debts of $35,000 from college and law school have become the norm and debts of $40,000, $50,000 and even more are common. The sums students are borrowing are much larger today than they were ten years ago, even after adjusting for increases in the cost of living. They have risen at a vastly faster pace than the initial salaries at small law firms and government agencies. They have even risen at a faster pace than the initial salaries in many large firms. The new pattern …


Foreword: Racist Speech On Campus, Kingsley R. Browne Jan 1991

Foreword: Racist Speech On Campus, Kingsley R. Browne

Law Faculty Research Publications

No abstract provided.


The Iroquois Great Law Of Peace And The United States Constitution: How The Founding Fathers Ignored The Clan Mothers, Renée Jacobs Jan 1991

The Iroquois Great Law Of Peace And The United States Constitution: How The Founding Fathers Ignored The Clan Mothers, Renée Jacobs

American Indian Law Review

No abstract provided.


Divorce Stories: Readings, Comments And Questions On Law And Narrative, Carol Weisbrod Jan 1991

Divorce Stories: Readings, Comments And Questions On Law And Narrative, Carol Weisbrod

Faculty Articles and Papers

No abstract provided.


International Law, Mark Weston Janis Jan 1991

International Law, Mark Weston Janis

Faculty Articles and Papers

The recent developments in Eastern Europe and the Persian Gulf dramatize the efforts of the United States to muster the support of other states and international organizations in asserting principles of international law and process. These diplomatic initiatives to win a global consensus about the rule of law in international politics reflect an important turn in U.S. policy. In the past few decades the United States has mostly enunciated a parochial rhetoric regarding international law, treating it either as a sort of extension of United States law or as a flexible framework that somehow always promoted U.S. legal and political …


Debt, Development, And Human Rights: Lessons From South Africa, Danil D. Bradlow Jan 1991

Debt, Development, And Human Rights: Lessons From South Africa, Danil D. Bradlow

Articles in Law Reviews & Other Academic Journals

This paper explores the lessons to be learned from the South African debt crisis of the mid-1980s and suggests ways in which it could have been used to promote human rights changes in apartheid South Africa.