Law Commons^™

Everything Great Stands In The Storm That Blows From Paradise, David Farrell Krell

Cardozo Law Review

No abstract provided.

Ouse, Paul M. Shupack

Cardozo Law Review

No abstract provided.

Suicide And Justice, Arthur J. Jacobson

Cardozo Law Review

No abstract provided.

Some Comments On Deconstruction, Justice And The Ethical Relationship, Seyla Benhabib

Cardozo Law Review

Roundtable - The Call to the Ethical: Deconstruction, Justice and the Ethical Relationship - Group 1

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

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.

Expert-Novice Differences And Implications For Choice Of Bench Versus Jury Trial, Anne W. Martin

Cardozo Law Review

No abstract provided.

Tribe's Judicious Feminism, Anita L. Allen

All Faculty Scholarship

No abstract provided.

Decision And Inference, Peter Tillers

Cardozo Law Review

No abstract provided.

Improving The Procedure For Resolving Hearsay Issues, Richard D. Friedman

Cardozo Law Review

No abstract provided.

Procedural Options For Resolving Hearsay Issues, Roger C. Park

Cardozo Law Review

No abstract provided.

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.

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

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 …

Status, Contract, And History: A Dialectical View, Matthew P. Bergman

Cardozo Law Review

No abstract provided.

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

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 …

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.

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 …

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

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

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

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

Michigan Law Review

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

Understanding Legal Compliance, V. Lee Hamilton

Michigan Law Review

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

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 …

Groups In Perspectives, Carol Weisbrod

Faculty Articles and Papers

No abstract provided.

Conceiving Due Process, Cynthia R. Farina

Cornell Law Faculty Publications

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 …

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 …