Law Commons^™

Monolingualism And Judaism, José Faur

Cardozo Law Review

No abstract provided.

Unequal Racial Access To Kidney Transplantation, Laura Dooley, Ian Ayres, Robert S. Gaston

Scholarly Works

Access to medical care is an issue of acute and increasing importance in the United States, a country in which the most promising of ground-breaking technologies may be available to only the privileged few. Although debate about the problem of unequal access to medical care typically centers on financial obstacles to advanced therapies and the obvious inequity of allowing patients' ability to pay to drive treatment decisions, issues of equitable access for patients of both genders and all racial and ethnic backgrounds increasingly have come into focus. These concerns about equitable access animate the ongoing debate about how government should …

Identifying The Jewish Lawyer: Reflections On The Construction Of Professional Identity, Sanford Levinson

Cardozo Law Review

No abstract provided.

Apr. 5, 1993, Ibrd Draft Resolution, World Bank Independent Inspection Panel, Ibrd

WBIP Creation Up To 1993

No abstract provided.

Mackinnon On Marx On Marriage And Morals: An Otsogistic Odyssey, Marc Linder

Buffalo Law Review

No abstract provided.

Buying Fertility: The Constitutionality Of Welfare Bonuses For Welfare Mothers Who Submit To Norplant Insertion, John R. Hand

Vanderbilt Law Review

In 1990, Wyeth-Ayerst Laboratories introduced Norplant, a five- year contraceptive consisting of six capsules that release contraceptive hormones when inserted in a woman's arm. Soon after the introduction of Norplant, a Philadelphia Inquirer editorial column stirred tremendous controversy when the author suggested that Norplant could solve the welfare problem if states would offer welfare mothers incentives to use the device.' Tremendous outrage and cries of racism, fascism and genocide prompted the Inquirer's Editor, Maxwell King, to apologize publicly and retract the editorial.'

Despite the fury, some states have introduced welfare reform bills that would do exactly what the Inquirer editorial …

Outing In The Time Of Aids: Legal And Ethical Considerations, John F. Hernandez

Faculty Articles

No abstract provided.

Liberal Philosophy's Troubled Relation To The Rule Of Law, David G. Carlson

Articles

The article critiques Andrew Altman's defense of liberalism against critical legal studies (CLS), arguing that his account of the rule of law relies on unexamined presuppositions and fails to address the indeterminacy of legal meaning. Altman's metaphor of the rule of law as a checkerboard of zones of freedom is challenged for its definitional ambiguity and reliance on natural law, which undermines his critique of CLS. The analysis suggests that liberalism's inability to tolerate political intrusion into the rule of law exposes its dogmatic underpinnings, while deconstruction offers a more nuanced understanding of legal meaning and its ethical implications.

The Constitution Outside The Courts, Frederick A.O. Schwarz Jr.

Cardozo Law Review

The forty-fourth Cardozo Lecture, delivered in memory of Benjamin N. Cardozo at the House of the Association on December 5, 1991.

Mindlessness And Nondurable Precautions, Paul J. Heald

Scholarly Works

Assuming initially that negligence law does not make the distinction between durable and nondurable precautions, this Article will first explain in economic terms why the failure of courts to take into account the cost of remembering may nonetheless be efficient. A substantial body of research on the phenomenon of mindless decisionmaking ("scripting") suggests that most remembering is automatic--a nonconscious response to frequently encountered patterns of stimuli. Script theory suggests that once the behavioral script is in place, an automatic response operates at a very low cost. If so, the failure of courts to account for the cost of remembering would …

Saving The Self?, Daniel R. Ortiz

Michigan Law Review

In a recent article, Law, Politics, and the Claims of Community, Stephen A. Gardbaum accurately diagnoses one of the greatest problems in contemporary political and legal theory: the "complete confusion" about what communitarianism means.

Gardbaum's basic insight is, I think, both powerful and correct. We have been seeing contradiction and conflict where there often is none at all. As important and salutary as his account is, however, it deserves response. His taxonomy of communitarianism, the heart of his piece, well shows that communitarianism makes fundamentally different types of claims. It does not, however, make as many different kinds of …

"Was Blind, But Now I See": White Race Consciousness And The Requirement Of Discriminatory Intent, Barbara J. Flagg

Michigan Law Review

Part I briefly reviews the case law that has established and elaborated the requirement of discriminatory intent. I discuss the theoretical background against which Washington v. Davis was decided, a debate over the possibility and propriety of judicial review of legislative motive. I suggest that the significant institutional difficulties associated with the triumphant discriminatory intent rule, together with the many substantive criticisms leveled against it, might lead one to expect to see relative doctrinal instability here. On the contrary, the requirement of discriminatory intent has been one of the most stable doctrines in modem constitutional law. I conclude with the …

Farmers And Ranchers, Roger A. Lohmann

Faculty & Staff Scholarship

This book review, part of the third/nonprofit sector literature considers a case study of informal cooperation and decision-making in Shasta County, California. In certain key respects, the case parallels issues of the research literature on commons.

Prostitution And Male Supremacy, Andrea Dworkin

Michigan Journal of Gender & Law

The assumptions of academia can barely begin to imagine the reality of life for women in prostitution. Academic life is premised on the notion that there is a tomorrow and a next day and a next day; or that someone can come inside from the cold for time to study; or that there is some kind of discourse of ideas and a year of freedom in which you can have disagreements that will not cost you your life. These are premises that those who are students here or who teach here act on every day. They are antithetical to the …

Pimping And Pornography As Sexual Harassment: Amicus Brief In Support Of Plaintiff-Respondent In Thoreson V. Penthouse Int'l Ltd., Dorchen A. Leidholdt

Michigan Journal of Gender & Law

Several issues were raised on appeal to the New York Court of Appeals. Thoreson AKA DiLorenzo was the Respondent on the issue of sexual harassment and the Appellant on the issue of the amount of damages awarded by the Supreme Court. This portion of the brief addresses only the issue of sexual harassment. Wendy C. Lecker (J.D. 1988, New York University School of Law), authored a section on the issue of compensatory damages.

Outing In The Time Of Aids: Legal And Ethical Considerations, John F. Hernandez

St. Thomas Law Review

No abstract provided.

The Rule Of Law: But Of Which Law - Natural And Positive Law In Post-Communist Transformations, 26 J. Marshall L. Rev. 719 (1993), Igor Grazin

UIC Law Review

No abstract provided.

Further Thoughts On The Rule Of Law And A New World Order, 26 J. Marshall L. Rev. 739 (1993), Paul B. Stephan Iii

UIC Law Review

No abstract provided.

Strategies Of Connection: Prostitution And Feminist Politics, Margaret A. Baldwin

Michigan Journal of Gender & Law

A feminist political approach to prostitution must begin from these strengths and be tested against the standards set by them. I want to address how taking each of these strengths seriously can create sustained resistance against prostitution.

An Analysis Of Individual, Institutional, And Cultural Pimping, Evelina Giobbe

Michigan Journal of Gender & Law

A pimp is a man .. .who takes all or a part of the earnings of women who sell their bodies for gain. He may have inveigled her into becoming a prostitute or acquired her after she started the business. Invariably he encourages her to continue in prostitution, and he may be either her lover or her husband, but always he is her supposed protector.

Diversity And Discrimination In Our Midst: Musings On Constitutional Schizophrenia, Cultural Conflict, And 'Interculturalism' At The Threshold Of A New Century, Francisco Valdes

St. Thomas Law Review

This essay argues that the 1990s pose a postponed but inescapable challenge: the fulfillment of the nation's historic commitment to liberty/ equality ideals for all Americans, regardless of race/ethnicity, sex/gender, economic class or sexuality/sexual orientation. In pursuing this argument, this essay traces the historical and jurisprudential continuities regarding (non)liberty/(in)equality that has plagued the American constitutional order from inception to the present, and then focuses on current controversies. Part I sketches a brief history of the liberty/ equality and non-liberty/inequality cross-traditions embedded into American law and society at the nation's genesis in order to show how the cross-traditions work at cross-purposes …

Male Sexuality: Why Ownership Is Sexy, John Stoltenberg

Michigan Journal of Gender & Law

What I want to address is what I call the eroticism of owning. We have a lot of circumstantial evidence that this eroticism exists. For instance, based on the testimony of women who are or have been sexually owned in marriage, taken in rape, and/or sexually used for a fee in prostitution, it appears that for many men, possession is a principal part of their sexual behavior. Many men can scarcely discern any erotic feelings that are not associated with owning someone else's body.

Prostitution: Where Racism & Sexism Intersect, Vednita Nelson

Michigan Journal of Gender & Law

Black women find themselves in a unique and extremely difficult position in our society. They are forced to deal with the oppression that arises from being Black in a white-supremacist culture and the oppression that arises from being female in a male-supremacist culture. In order to examine the experience of being Black and female, this paper attempts to describe that very difficult, tight space where Black women attempt to survive-that space where racism and sexism intersect.

Prostitution Is Cruelty And Abuse To Women And Children, Susan Kay Hunter

Michigan Journal of Gender & Law

Each day I rise to take up the truly good fight to stop the harm to women in prostitution. I long for complete liberation of all oppressed peoples. I passionately believe that the work I do to end prostitution is revolutionary. No one deserves to be used and abused, and that is the universal experience of prostituted women and children. It is also revolutionary work because my freedom as a woman is meaningless so long as some of us can be bought and sold. The giant sex industry grinds on, exploiting and enslaving women, while sexual liberals are well-paid by …

Industrialization In The Borderlands And The Nafta Treaty., Phillip D. Hardberger

St. Mary's Law Journal

Abstract Forthcoming.

Foreign Investment In Mexico From The Perspective Of The Foreign Investor., Hope H. Camp Jr., Jaime Alvarez Garibary, C. Lee Cusenbary Jr.

St. Mary's Law Journal

A factor contributing to the continuation of the economic revolution in Mexico has been, and will continue to be, foreign investment. The liberalized foreign-investment regulations and the positive attitude of the Foreign Investment Commission (FIC) in approving foreign investment proposals promote a more favorable environment for foreign investors. The Mexican government recently completed negotiating the NAFTA, a proposed free-trade agreement with the United States and Canada. The government is now considering what additional actions may be required to compete successfully with those other nations trying to attract scarce investment funds. Opportunities for foreign investors in Mexico are brighter than they …

Contracting In Mexico: A Legal And Practical Guide To Negotiating And Drafting., Rona R. Mears

St. Mary's Law Journal

This Article is intended as a primer in contracting for the United States attorney counseling clients doing business in Mexico. Thus, this Article begins by surveying the legal foundations of contracting in Mexico. This includes basic contract principles in Mexico’s civil-law system, the distinction between civil and commercial contracts, and procedural formalities applicable to contracts in Mexico. Following the introduction is a discussion of successful contract negotiations in Mexico, including certain cultural factors and Mexican business customs which can affect negotiations. This section includes suggestions for preparing for negotiations and managing the negotiation process to obtain the best result. Next, …

The Political Economy Of The Wagner Act: Power, Symbol, And Workplace Cooperation, Mark Barenberg

Faculty Scholarship

To shed light on the legal debate over new forms of workplace collaboration, this Article reexamines the origins of the National Labor Relations Act of 1935. Professor Barenberg concludes that the Wagner Act scheme was profoundly cooperationist, not adversarial as is conventionally assumed. Revisionist historiography shows that, contrary to the claims of public choice theorists, Senator Wagner's network of political entrepreneurs was the decisive force in the conception and enactment of the new labor policy, amidst interest group paralysis and popular unrest. Drawing on original archival materials and oral histories, Professor Barenberg reconstructs the progressive ideology of Wagner and his …

State Responses To Task Force Reports On Race And Ethnic Bias In The Courts, Suellyn Scarnecchia

Articles

While several states have embarked on studies of race and ethnic bias in their courts, Minnesota is only the sixth to publish its report to date. As Minnesota joins the ranks of states with published reports, it is worthwhile to assess the impact of the five earlier published reports from other states. Final reports have been published in Michigan (1989), Washington (1990), New York (1991), Florida (1991) and New Jersey (1992). The published reports make findings and provide several specific recommendations for change. This article will review the published findings and recommendations of the task forces and will discuss the …

A Tasty Tidbit (Review Essay), John Henry Schlegel

Book Reviews

Reviewing Martin J. Horwitz, The Transformation of American Law 1870-1960: The Crisis of Legal Orthodoxy (1992).