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Articles 1 - 30 of 81
Full-Text Articles in Law
Chicago Man, K-T Man, And The Future Of Behavioral Law And Economics, Robert A. Prentice
Chicago Man, K-T Man, And The Future Of Behavioral Law And Economics, Robert A. Prentice
Vanderbilt Law Review
Most law is aimed at shaping human behavior, encouraging that which is good for society and discouraging that which is bad.' Nonetheless, for most of the history of our legal system, laws were passed, cases were decided, and academics pontificated about the law based on nothing more than common sense assumptions about how people make decisions. A quarter century or more ago, the law and economics movement replaced these common sense assumptions with a well-considered and expressly stated assumption-that man is a rational maximizer of his expected utilities. Based on this premise, law and economics has dominated interdisciplinary thought in …
For And Against Marriage: A Revision, Anita Bernstein
For And Against Marriage: A Revision, Anita Bernstein
Michigan Law Review
When anthropologist Henry Sumner Maine issued his famous proclamation that modern legal development evolved "from Status to Contract," he used juridical categories to make a statement about progress. Voluntary relations now build the law, Maine declared. The alternative to voluntary relations - identity-based legal labels to decree what people may and may not do - must relocate to the dustbin of history. Only a backwater society would keep them. American legal change in the century-plus since Maine's death in 1888 gives credence to the claim that status inexorably yields to contract. At one level, newer developments refute the Maine thesis. …
Reconsidering The Mythical Advantages Of Cohabitation: Why Marriage Is More Efficient Than Cohabitation, Eric P. Voigt
Reconsidering The Mythical Advantages Of Cohabitation: Why Marriage Is More Efficient Than Cohabitation, Eric P. Voigt
Indiana Law Journal
No abstract provided.
The Cloudy Crystal Ball: Genetics, Child Abuse, And The Perils Of Predicting Behavior, Robert D. Stone
The Cloudy Crystal Ball: Genetics, Child Abuse, And The Perils Of Predicting Behavior, Robert D. Stone
Vanderbilt Law Review
In the cinematic world of Minority Report, mankind stands on the brink of a society without murder. Police can see the future, predicting murders and arresting perpetrators before they act. This utopian system is the ultimate evolution in preventative policing because it offers perfect prediction; it does not show what people intend to do, only what they will do. Society accepts the incarceration of pre-murderers, people who have committed no crimes, because there is no such thing as the "wrongfully accused.' Is the ability to predict behavior only science fiction, or can a combination of genetic and environmental factors actually …
International Poverty Law: A Response To Economic Globalization, Timothy K. Kuhner
International Poverty Law: A Response To Economic Globalization, Timothy K. Kuhner
Buffalo Public Interest Law Journal
No abstract provided.
Beyond Beneficiaries: Using The Medicare Program To Accomplish Broader Public Goals, Dean M. Harris
Beyond Beneficiaries: Using The Medicare Program To Accomplish Broader Public Goals, Dean M. Harris
Washington and Lee Law Review
No abstract provided.
Medicare Meets Mephistopheles, David A. Hyman
Medicare Meets Mephistopheles, David A. Hyman
Washington and Lee Law Review
No abstract provided.
Nigeria Since May 1999: Understanding The Paradox Of Civil Rule And Human Rights Violations Under President Olusegun Obasanjo, Philip C. Aka
Nigeria Since May 1999: Understanding The Paradox Of Civil Rule And Human Rights Violations Under President Olusegun Obasanjo, Philip C. Aka
San Diego International Law Journal
This Article seeks to understand why much of the hope for improved human rights has remained unrealized. It has four parts, in addition to this introduction and a conclusion. Part II provides a definition of human rights, the history of these rights in Nigeria, and the machinery that has evolved over the years, all the way up to the Obasanjo presidency, for the enforcement of these rights. Part III describes the practice of human rights in Nigeria before 1999. The section integrates General Obasanjo's role and it points to the legacy of British colonialism in Nigeria as a major factor …
Individual Vulnerability And Cultural Transformation, Eric J. Mitnick
Individual Vulnerability And Cultural Transformation, Eric J. Mitnick
Michigan Law Review
Perhaps the most pressing problem in multicultural theory and practice today is the problem of individual vulnerability. Most interested theorists and multicultural states now accept the basic premise that some degree of state accommodation of minority cultural practice is required as a matter of justice. Debate then shifts to the best justifications for, and the appropriate extent of, such groupdifferentiated policy. Too often lost amid these discussions is the plight of vulnerable members of accommodated cultural groups: individuals subject to repression within their cultural groups, but who lose a critical aspect of their identities upon exit; individuals who would retain …
Disease And Cure?, L. A. Powe Jr.
Disease And Cure?, L. A. Powe Jr.
Michigan Law Review
Sunstein uses Franklin's remark to make two related points. First, citizens bear the burden of maintaining the American republic as a healthy, vibrant place; being a citizen is decidedly different from being a consumer. The former has duties, the latter wants (pp. 113-23). Second, and this is the gist of the slender book, the republic is jeopardized by the possibilities of the Internet. Sunstein assumes the correctness of MIT technology specialist Nicholas Negroponte's conclusion that in the not-too-distant future we will be able to create a "Daily Me" on the Internet that will provide the personalized information (including news) that …
Orchestrated Experimentalism In The Regulation Of Work, Orly Lobel
Orchestrated Experimentalism In The Regulation Of Work, Orly Lobel
Michigan Law Review
Since the advent of the New Deal vision, work and the workplace have undergone dramatic changes. Policies and institutions that were designed to provide good working conditions and voice for workers are no longer fulfilling their promise. In Working in America: A Blueprint for the New Labor Market ("Blueprint"), four MIT economists take on the challenge of envisioning a new regulatory regime that will fit the realities of the new market. The result of several years of deliberation with various groups in business and labor, academia, and government, Blueprint provides a thoughtful yet unsettling vision of the future of work. …
The New Privacy, Paul M. Schwartz, William M. Treanor
The New Privacy, Paul M. Schwartz, William M. Treanor
Michigan Law Review
In 1964, as the welfare state emerged in full force in the United States, Charles Reich published The New Property, one of the most influential articles ever to appear in a law review. Reich argued that in order to protect individual autonomy in an "age of governmental largess," a new property right in governmental benefits had to be recognized. He called this form of property the "new property." In retrospect, Reich, rather than anticipating trends, was swimming against the tide of history. In the past forty years, formal claims to government benefits have become more tenuous rather than more secure. …
Economic Inequality And The Role Of Law, Richard L. Kaplan
Economic Inequality And The Role Of Law, Richard L. Kaplan
Michigan Law Review
In this ambitious book, famed commentator and analyst Kevin Phillips attempts nothing less than a political history of American economic life with a specific focus on the wealthy. Succeeding far more often than not, Phillips interweaves the development of American technology with the rise and fall of economic fortunes, crafting a compelling tale with significant implications for the formulation of public policy and the laws that implement such policy. Festooned with more than seventy charts and graphs, the book explains how wealth has been accumulated throughout the entire history of the United States. It is full of intriguing insights and …
Saying Goodbye To Ally Mcbeal, Paul R. Joseph
Saying Goodbye To Ally Mcbeal, Paul R. Joseph
University of Arkansas at Little Rock Law Review
No abstract provided.
On A Wagon Train To Afghanistan: Limitations On Star Trek's Prime Directive, Richard J. Peltz
On A Wagon Train To Afghanistan: Limitations On Star Trek's Prime Directive, Richard J. Peltz
University of Arkansas at Little Rock Law Review
No abstract provided.
Legal Fictions: Irony, Storytelling, Truth, And Justice In The Modern Courtroom Drama, Christine Alice Corcos
Legal Fictions: Irony, Storytelling, Truth, And Justice In The Modern Courtroom Drama, Christine Alice Corcos
University of Arkansas at Little Rock Law Review
No abstract provided.
Waiving Goodbye: Incarcerating Waived Juveniles In Adult Correctional Facilities Will Not Reduce Crime, Ellie D. Shefi
Waiving Goodbye: Incarcerating Waived Juveniles In Adult Correctional Facilities Will Not Reduce Crime, Ellie D. Shefi
University of Michigan Journal of Law Reform
Incarcerating waived juveniles in adult correctional facilities does not reduce crime or result in increased public safety; incarcerating juveniles with adults is deleterious to both the individual offender and society. This Note argues for a renewed focus on rehabilitative rather than retributive justice, and in so doing, proposes the implementation of a comprehensive continuum of graduated sanctions that includes networks of small, secure, highly structured maximum-security juvenile facilities, wilderness camps, residential and non-residential community-based programs, restitution, and fines. This Note further advocates for the incorporation of extensive education, vocational training and placement, counseling, treatment, supervision, mentoring, transitional, aftercare, and support …
An Introduction To Imagining The Law: Lawyers And Legal Issues In The Popular Culture, J. Thomas Sullivan
An Introduction To Imagining The Law: Lawyers And Legal Issues In The Popular Culture, J. Thomas Sullivan
University of Arkansas at Little Rock Law Review
No abstract provided.
Cautionary Tales: The Woman As Lawyer In Contemporary Hollywood Cinema, David Ray Papke
Cautionary Tales: The Woman As Lawyer In Contemporary Hollywood Cinema, David Ray Papke
University of Arkansas at Little Rock Law Review
No abstract provided.
Rejecting The Myth Of Popular Sovereignty And Applying An Agency Model To Direct Democracy, Glen Staszewski
Rejecting The Myth Of Popular Sovereignty And Applying An Agency Model To Direct Democracy, Glen Staszewski
Vanderbilt Law Review
The use of direct democracy is at its highest level in more than one hundred years.' The direct initiative, which is the primary focus of this Article, allows private citizens to bypass the traditional legislative process and make binding laws, often in highly contentious areas of public policy. The 2000 elections, for example, placed directly before voters the issues of school vouchers, physician-assisted suicide, same- sex marriage and other gay and lesbian rights, gun control, campaign finance reform, bilingual education, gambling, medical use of marijuana, and sentencing for drug offenders, as well as some of the perennial favorites-tax reform and …
Reporting On Terrorism: Choosing Our Words Carefully, Jeffrey A. Dvorkin
Reporting On Terrorism: Choosing Our Words Carefully, Jeffrey A. Dvorkin
University of Richmond Law Review
No abstract provided.
Breaking The Camel's Back: A Consideration Of Mitigatory Criminal Defenses And Racism-Related Mental Illness, Camille A. Nelson
Breaking The Camel's Back: A Consideration Of Mitigatory Criminal Defenses And Racism-Related Mental Illness, Camille A. Nelson
Michigan Journal of Race and Law
This article will examine the concept of racist words, symbols, and actions that are used as weapons to "ambush, terrorize, wound, humiliate, and degrade,” as psychological and physiological violence. The implications of such violence are relevant to several affirmative defenses and, indeed, to the initial formulation of mens rea. The historical and contextual legacy that is intentionally invoked by the utilization of racialized violence is what separates the racial epithet or racially violent symbolism from other distressing insults and slurs. While First Amendment protection extends to offensive or insulting speech, the mental and physical sequelae of such speech, even absent …
Overcoming A Lawyer's Dogma: Examining Due Process For The "Disruptive Student", Jessica Falk
Overcoming A Lawyer's Dogma: Examining Due Process For The "Disruptive Student", Jessica Falk
University of Michigan Journal of Law Reform
This Note explores how traditional due process functions in the context of school expulsion hearings. Traditional due process is inadequate in the case of "chronically disruptive" students because these students have lost their property right in education long before the law requires a due process hearing. Instead, new avenues of due process that are better adapted to the educational setting must be explored. Lawyers should expect schools to identify students' with behavioral problems before expulsion becomes imminent and assist students in overcoming these problems. This "educational due process" not only helps to protect troubled student's education, but it is also …
Erlandson V. Kiffmeyer: Minnesota’S Absentee Voting Laws Following The Sudden Death Of Incumbent Candidate Paul Wellstone, Elizabeth M. Brama
Erlandson V. Kiffmeyer: Minnesota’S Absentee Voting Laws Following The Sudden Death Of Incumbent Candidate Paul Wellstone, Elizabeth M. Brama
William Mitchell Law Review
This article addresses the legal and practical effects of Senator Wellstone's death and the court's absentee ballot decision in Erlandson v. Kiffmeyer. Part II discusses other, surprisingly common, instances when a candidate has died or withdrawn close to an election, and examines Minnesota's approach to pre-election vacancies. Part III explores the Erlandson decision and the facts giving rise to it. Part IV then analyzes the court's decision and the legislature's reaction to it. Finally, Part V concludes that if the state has an acknowledged goal of enfranchising absentee voters even after an unexpected, catastrophic event, then state law must be …
Foreword, Sam Hanson
Foreword, Sam Hanson
William Mitchell Law Review
Introduction to issue of Recent Decisions of the Minnesota Supreme Court (from 2002-03 term).
Philosophy And Opinions, Warren Ortland
Philosophy And Opinions, Warren Ortland
William Mitchell Law Review
Review of Law, Pragmatism, and Democracy. By Richard A. Posner. Harvard University Press, 2003. 398 Pages. $35.00.
The Quicksands Of Originalism: Interpreting Minnesota’S Constitutional Past, Douglas A. Hedin
The Quicksands Of Originalism: Interpreting Minnesota’S Constitutional Past, Douglas A. Hedin
William Mitchell Law Review
There are several varieties of the “originalist” school of constitutional thought, but all subscribe in one degree or another to the belief that a constitutional clause should be interpreted according to its original meaning or the original intent of its authors. That original understanding or intent can be discerned from the text of the clause, the history of its drafting and ratification and, sometimes, early practices and court decisions interpreting that clause. It rightly has been called a “grand theory” because it is simple and clear, explains so much, and it has the almost irresistible attraction of being anchored firmly …
The Creativity Of The Common-Law Judge: The Jurisprudence Of William Mitchell, Charles J. Reid Jr.
The Creativity Of The Common-Law Judge: The Jurisprudence Of William Mitchell, Charles J. Reid Jr.
William Mitchell Law Review
Mitchell's presence graced the Minnesota Supreme Court for nearly nineteen years, from 1881 to 1900. His output was prodigious. He produced nearly 1600 judicial opinions. It has been estimated “that excluding Sundays, and allowing a month in each year for vacation, Judge Mitchell wrote one opinion in every three days for nineteen years.” Indeed, “[i]n point of numbers, his opinions exceed those of any other justice of the Supreme Court of his state, or the nation.” It is one aspect, perhaps the central aspect, the unifying theme of this prolific body of work, that is the focus of this essay: …
Power, Possibility And Choice: The Racial Identity Of Transracially Adopted Children, Twila L. Perry
Power, Possibility And Choice: The Racial Identity Of Transracially Adopted Children, Twila L. Perry
Michigan Journal of Race and Law
Review of The Ethics of Transracial Adoption by Hawley Fogg-Davis
Epa’S Administrative Compliance Orders Ruled Unconstitutional, Mary Margaret Mccleroy
Epa’S Administrative Compliance Orders Ruled Unconstitutional, Mary Margaret Mccleroy
Sustainable Development Law & Policy
No abstract provided.