Law Commons^™

1997 Distinguished Service Award And Alumni Reception Invitation (Indianapolis Alumni Reception Honoring Milton O. Thompson And John M. Hamilton)

Distinguished Service Awards

No abstract provided.

Treating Sexual Harassment With Respect, Anita Bernstein

Faculty Scholarship

No abstract provided.

1997 Distinguished Service Award And Alumni Reception Invitation (Washington D.C. Alumni Reception Honoring W. William Weeks)

Distinguished Service Awards

No abstract provided.

Renewable Energy Technologies And Policies: Status And Prospects, Christopher Flavin, Seth Dunn

Buffalo Environmental Law Journal

No abstract provided.

Juries: Arbiters Or Arbitrary?, Jeffrey J. Rachlinski

Cornell Law Faculty Publications

Product Liability And Legal Leverage: The Perverse Effect Of Stiff Penalties, Michael S. Knoll

Faculty Scholarship at Penn Carey Law

No abstract provided.

"Derelicts," Recurring Misfortune, Economic Hard Times And Lifestyle Choices: Judicial Images Of Homeless Litigants And Implications For Legal Advocates, Wes Daniels

Buffalo Law Review

No abstract provided.

The Little Rock Crisis And Foreign Affairs: Race, Resistance, And The Image Of American Democracy, Mary L. Dudziak

Mary L. Dudziak

When President Dwight D. Eisenhower sent federal troops to Little Rock, Arkansas to enforce a school desegregation order at Central High School in the fall of 1957, more than racial equality was at issue. The image of American democracy was at stake. The Little Rock crisis played out on a world stage, as news media around the world covered the crisis. During the weeks of impasse leading up to Eisenhower's dramatic intervention, foreign critics questioned how the United States could argue that its democratic system of government was a model for others to follow when racial segregation was tolerated in …

The Open Door: Will The Right To Die Survive Washington V. Glucksberg And Vacco V. Quill?, Adam J. Cohen

In the Public Interest

No abstract provided.

What The Knicks Debacle Of '97 Can Teach Students About The Nature Of Rules, Robert A. Hillman

Cornell Law Faculty Publications

No abstract provided.

Response: Between Economics And Sociology: The New Path Of Deterrence, Dan M. Kahan

Michigan Law Review

The explosive collision of economics and sociology has long illuminated the landscape of deterrence theory. It is a debate as hopeless as it is spectacular. Economics is practical but thin. Starting from the simple premise that individuals rationally maximize their utility, economics generates a robust schedule of prescriptions - from the appropriate size of criminal penalties,1 to the optimal form of criminal punishments, to the most efficient mix of private and public investments in deterrence. Yet it is the very economy of economics that ultimately subverts it: its account of human motivations is too simplistic to be believable, and it …

Deterrence's Difficulty, Neal Kumar Katyal

Michigan Law Review

We all crave simple elegance. Physicists since Einstein have been searching for a grand unified theory that will tie everything together in a simple model. Law professors have their own grand theories - law and economics's Coase Theorem and constitutional law's Originalism immediately spring to mind. Criminal law is no different, for the analogue is our faith in deterrence - the belief that increasing the penalty on an activity will mean that fewer people will perform it. This theory has much to commend it. After all, economists and shoppers have known for ages that a price increase in a good …

Limited-Domain Positivism As An Empirical Proposition, Stewart J. Schwab

Cornell Law Faculty Publications

In his typically clear statement of a provocative thesis, Fred Schauer, along with his co-author, Virginia Wise, ask us to think about positivism in a new way. Their claim has two parts. First, Schauer and Wise redefine legal positivism as an empirical claim about the limited domain of information that legal decisionmakers use to make decisions. Second, they begin testing the extent to which our legal system in fact reflects this limited domain. Ironically, Schauer and Wise believe that positivism, so conceived, is "increasingly false." Thus, their two-part approach is, first, to declare that legal positivism should be conceived of …

Are Housekeepers Like Judges?, Stephen P. Garvey

Cornell Law Faculty Publications

Professor Greenawalt proposes that we look at interpretation "from the bottom up." By taking a close look at informal relationships between an authority and his or her agent, and how the agent "faithfully performs" instructions within such relationships, he hopes to gain insight into the problems surrounding the interpretation of legal directives. The analysis of "faithful performance" in informal contexts which Professor Greenawalt presents in From the Bottom Up is the first step in a larger project. His next step is to see what lessons the interpretation of instructions in informal contexts has for law. This Comment tries to contribute …

The Second Time As Tragedy: The Assisted Suicide Cases And The Heritage Of Roe V. Wade, Seth F. Kreimer

Faculty Scholarship at Penn Carey Law

No abstract provided.

Juno Moneta: On The Erotics Of The Marketplace, Jeanne Lorraine Schroeder

Washington and Lee Law Review

No abstract provided.

Cultural Criticism Of Law, Guyora Binder, Robert Weisberg

Journal Articles

Professors Binder and Weisberg expound a "cultural criticism" of law that views law as an arena for composing, representing, and contesting identity, and that treats identity as constitutive of the interests that motivate instrumental action. They explicate this critical method by reference to "New Historicist" literary criticism, postmodern social theory, and Nietzchean aesthetics. They illustrate this method by reviewing recent scholarship of two kinds: First, they explore how legal disputes take on expressive meaning for parties and observers against the background of legal norms regulating or recognizing identities. Second, they examine "readings" of the representations of character, credit, and value …

Still Lost In The Political Thicket (Or Why I Don't Understand The Concept Of Vote Dilution), Larry Alexander

Vanderbilt Law Review

I still don't get it. I can see why as partisans of this or that set of policies we will still care about how district lines are drawn, even if each district has an equal number of voters. We might wish to maximize black representation. We might wish to elect Democrats, or liberals, or incumbents. What I cannot see, however, is why the Constitution, or a supposedly nonpartisan measure like the Voting Rights Act,I should be enlisted in these partisan battles.

Professor Karlan does an admirable job of exploring whether and to what extent blacks benefit politically from being concentrated …

Que, Ya No Hablan Ingles En Este Pais?: A Look At The Constitutionality Of English Only Provisions Under The Free Speech Clause Of The First Amendment, John J. Louizos

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Rationalisation Of Classification Of Prisoners In Tihar Jail, Maurya Vijay Chandra

Maurya Vijay Chandra

These pourings of the imprisoned poet lay bare the anguish - mental and emotional - that a jail Inmate undergoes. The experience no doubt was of jails of 19th Century, but interestingly the perceptions have not much changed, so much so that we have in the judgement delivered by the Supreme Court on 23-12-1996 (2), on a petition complaining of incarceratory torture and maladministration in jail, observaticns of Justice B.L.Hansaria

Psychopolitics Of International Crime: An Introduction, Ibpp Editor

International Bulletin of Political Psychology

This paper posits psychological consequences of international organized crime.

Democracy, Majoritarianism, And Racial Equality: A Response To Professor Karlan, Christopher L. Eisgruber

Vanderbilt Law Review

Only with great trepidation do I undertake to comment upon Professor Karlan's fine Article.1 Much of what I know about voting rights law I have learned from her work, and her contribution to this Symposium is characteristically erudite, detailed, and cogent. I will therefore limit myself to offering four modest observations about her argument. My central point is simple: While Professor Karlan successfully identifies several empirical questions that critics of majority- black voting districts must answer, those same questions also raise problems for defenders of majority-black districts (including Professor Karlan herself).

Professor Karlan's argument is directed against what I shall …

The Devil And The One Drop Rule: Racial Categories, African Americans, And The U.S. Census, Christine B. Hickman

Michigan Law Review

For generations, the boundaries of the African-American race have been formed by a rule, informally known as the "one drop rule," which, in its colloquial definition, provides that one drop of Black blood makes a person Black. In more formal, sociological circles, the rule is known as a form of "hypodescent" and its meaning remains basically the same: anyone with a known Black ancestor is considered Black. Over the generations, this rule has not only shaped countless lives, it has created the African-American race as we know it today, and it has defined not just the history of this race …

The Dynamics Of Democracy: Travel, Premature Predation, And The Components Of Political Identity, Nicholas S. Zeppos

Vanderbilt Law Review

Democracy is indeed an elusive concept and any effort to develop the constituent elements of so important a political idea ought to be encouraged. From any number of perspectives it is clear that democracy must include more than simply ratifying the outcomes of either citizen or representative voting., And when a court is asked to set aside the results of a process some describe as democratic, the challenge to enrich the concept becomes even more pressing, particularly when the judicial power is invoked in the name of enhancing democracy. The Supreme Court's decision in Romer v. Evan dramatically poses the …

A Wigmorian Defense Of Feminist Methods, Katharine K. Baker

Katharine K. Baker

No abstract provided.

Legal Narratives, Theraputic Narratives: The Invisibility And Omnipresence Of Race And Gender, Leslie G. Espinoza

Michigan Law Review

My first introduction to Denise Gray was through a form. The intake sheet was dated October 17, 1994. The legal problem was straightforward. My introduction to Denise Gray would come much later. I am a clinical law professor. The clinic, Boston College Legal Assistance Bureau, is known as "LAB." I teach students law by supervising them as they represent, usually for the first time, a real person with real problems.

Unmasking Undue Influence, Ray D. Madoff

Ray D. Madoff

The substantial passage of wealth that occurs upon death in the United States each year brings into focus the tension between the belief that people should be able to dispose of their wealth as they wish and society’s interest in maintaining social stability. Nowhere is this tension more apparent than in the doctrine of undue influence. The dominant paradigm presents the undue influence doctrine as providing a double benefit of protecting freedom of testation as well as preventing overreaching by others. In this Article, the author challenges the dominant paradigm by demonstrating how the undue influence doctrine denies freedom of …

Where No Man Has Gone Before: Star Trek And The Death Of Cultural Relativism In America, Kenneth Anderson

Book Reviews

This 1997 Times Literary Supplement (London) essay reviews the 1996 Star Trek (Next Generation) film First Contact, along with a book of essays in cultural studies about Star Trek (Taylor Harrison, et al., Enterprise Zones: Critical Positions on Star Trek). Of greatest long term interest in the moral and political philosophy of Star Trek is the so-called Prime Directive - non interference in local culture on local planets. This Vietnam era ethic of cultural relativism was prominent in the original 1960s Star Trek series as much for its assertion as for being regularly violated by Captain Kirk and his crew. …

Where No Man Has Gone Before: Star Trek And The Death Of Cultural Relativism In America, Kenneth Anderson

Kenneth Anderson

Showdown At The Domain Name Corral: Property Rights And Personal Jurisdiction Over Squatters, Poachers And Other Parasites, Ira Nathenson

Ira Steven Nathenson

This paper on domain names disputes has two main goals. The first is to analyze the principal points of litigation in domain name disputes, namely, personal jurisdiction and trademark liability. The second is to propose an analytic framework to better help resolve matters of jurisdiction and liability. Regarding personal jurisdiction, domain names are problematic because an internet site can be viewed almost anywhere, potentially subjecting the domain name owner to suit everywhere. For example, should a Florida domain name owner automatically be subject to suit in Alaska where the site can be viewed? If not, then where? Regarding liability, trademark …