Law Commons^™

Tendencies Versus Boundaries: Levels Of Generality In Behavioral Law And Economics, Gregory Mitchell

Vanderbilt Law Review

When evidence on the truth or falsity of a proposition is ambiguous and open to multiple interpretations, psychologists warn about "biased assimilation" of the evidence to support pre-existing theories, beliefs, and attitudes. Therefore, when a skeptic about the public policy implications of psychological research examines the complex mix of evidence on human rationality, he may find much to support his skepticism about the use of psychology to reform the law. Likewise, an optimist about the public policy contributions of psychology may find within this same body of evidence much to bolster his optimistic view that psychological research can be used …

Political And Legal Governance Under The Judicial Reform: A Case Study On Basic-Level Political And Legal Committee（司法改革背景下的政法治理方式——基层政法委员会制度个案研究）, Meng Hou

Hou Meng

No abstract provided.

The Logic Of Reciprocity: Trust, Collective Action, And Law, Dan M. Kahan

Michigan Law Review

The Logic of Collective Action has for decades supplied the logic of public-policy analysis. In this pioneering application of public choice theory, Mancur Olson elegantly punctured the premise - shared by a variety of political theories - that individuals can be expected to act consistently with the interest of the groups to which they belong. Absent externally imposed incentives, wealth-maximizing individuals, he argued, will rarely find it in their interest to contribute to goods that benefit the group as a whole, but rather will "free ride" on the contributions that other group members make. As a result, too few individuals …

Manual De Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

The Epidemiology Of Critique, Michael Fischl

Faculty Articles and Papers

No abstract provided.

The Epidemiology Of Critique, Michael Fischl

Faculty Articles and Papers

No abstract provided.

How Should We Theorize Class Interests In Thinking About Professional Regulation: The Early Naacp As A Case Example, Susan Carle

Articles in Law Reviews & Other Academic Journals

INTRODUCTIONThe Editors of the Cornell Journal of Law and Public Policy have specifically requested that I address in this essay some research I finished quite a while ago, but to which I hope to return in the near future, concerning the history of the first national legal committee of the National Association for the Advancement of Colored People (NAACP). (1) Therefore, I plan to raise a big picture question left unanswered by that earlier research here: how should we understand lawyers' class interests in relation to their involvement in the development of legal ethics rules concerning public interest law practice? …

Civil Rights Plaintiffs And John Doe Defendants: A Study In § 1983 Procedure, Howard M. Wasserman

Faculty Publications

No abstract provided.

Conflict Of Interest From Preparing Note Used By Client: Hetos Invs., Ltd. V Kurtin, 2003, Roger Bernhardt

Publications

This article discusses a California case which held that a law firm not barred from representing its client in a lawsuit contending that a promissory note it prepared on the client’s behalf was usurious under California law.

. Countenancing The Oppression Of Women: How Liberals Tolerate Religious And Cultural Practices That Discriminate Against Women, Gila Stopler

Gila Stopler

In recent years the notion that religious and cultural practices should be accommodated even at the cost of relinquishing the protection of women’s rights has been gaining prominence and many abuses of women’s rights have been dismissed as justified and inevitable. In this article I argue that the accommodation of religious and cultural practices that discriminate against women is misguided and unjust. While religious and cultural practices can no longer serve as justification for discrimination on the basis of race, ethnicity and religion they still serve as the most prevalent justification for sex discrimination. The article analyzes this discrepancy, as …

The Fusades Strategy For El Salvador: Priority Areas For Judicial Reform And The Problem Of Corruption, Tamara Lothian

Tamara Lothian

No abstract provided.

Clinical Education At Loyola University Chicago School Of Law: A Tradition In The Making, Henry Rose

Public Interest Law Reporter

No abstract provided.

Loyola's Clinical Faculty: Experience Creating Legal Excellence, Pilr Staff

Public Interest Law Reporter

No abstract provided.

Apprendi In The States: The Virtues Of Federalism As A Structural Limit On Errors, Stephanos Bibas

All Faculty Scholarship

No abstract provided.

Harm To The "Fabric Of Society" As A Basis For Regulating Otherwise Harmless Conduct: Notes On A Theme From Ravin V. State, Eric A. Johnson

Seattle University Law Review

This article explores the possibility that harm to the fabric of society provides the best justification for some statutes that prohibit otherwise harmless conduct. This article considers three illustrations: first, the incest statutes, which, even in progressive states like Alaska and New York, prohibit a wide array of basically harmless conduct; second, a Massachusetts statute regulating the use of human silhouettes in target practice; and finally, legislation that would prohibit the medical procedure known as "partial-birth abortion.'" After discussing these illustrations, there is a close analysis of the general argument for the preservation of moral reaction patterns. The ultimate validity …

The Professional Professor, Kent D. Syverud

Vanderbilt Journal of Transnational Law

Welcome to the Vanderbilt Law School and to this happy occasion in which we reflect on the life and career of Jonathan Charney. I say this is a "happy" occasion deliberately. There have been two months and a lot of tears since Jonathan died, and I know for many people here including me the loss is still deeply felt in expected and unexpected ways. But we are celebrating today, and we should be happy as we reflect on the extraordinary career and accomplishments and life of Jonathan Charney.

Trust Me, I’M A Judge: Why Binding Judicial Notice Of Jurisdictional Facts Violates The Right To Jury Trial, William M. Carter Jr.

Articles

The conventional model of criminal trials holds that the prosecution is required to prove every element of the offense beyond the jury's reasonable doubt. The American criminal justice system is premised on the right of the accused to have all facts relevant to his guilt or innocence decided by a jury of his peers. The role of the judge is seen as limited to deciding issues of law and facilitating the jury's fact-finding. Despite these principles,judges are reluctant to submit to the jury elements of the offense that the judge perceives to be . routine, uncontroversial or uncontested.

One such …

Politicizing The Crime Against Humanity: The French Example, Vivian Grosswald Curran

Articles

The advantages of world adherence to universally acceptable standards of law and fundamental rights seemed apparent after the Second World War, as they had after the First. Their appeal seems ever greater and their advocates ever more persuasive today. The history of law provides evidence that caution may be in order, however, and that the human propensity to ignore what transpires under the surface of law threatens to dull and silence the ongoing self-examination and self-criticism required in perpetuity by the law if it is to be correlated with justice.

This Essay presents one side, the dark side, of the …

Immigration And The Workplace: Immigration Restrictions As Employment Discrimination, Howard F. Chang

All Faculty Scholarship

No abstract provided.

Child Welfare And Civil Rights, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.

Are Title Vi's Disparate Impact Regulations Valid?, Bradford Mank

Faculty Articles and Other Publications

This Essay, however, contends that section 602 disparate impact regulations in Tide VI are valid because Congress has implicitly sanctioned their creation, and explicitly approved them in subsequent related statutes.

Part II of this Essay discusses the legislative history of Tide VI, which suggests that Congress intended to give administrative agencies discretion to define "discrimination" in their Tide VI regulations as prohibiting either intentional conduct or actions having disparate impacts against racial minorities as long as the President approved such rules.

Part III illustrates that five different Congresses have enacted four subsequent related statutes that explicitly incorporate Tide VI disparate …

Diminished Rationality, Diminished Responsibility, Stephen J. Morse

All Faculty Scholarship

No abstract provided.

Inevitable Mens Rea, Stephen J. Morse

All Faculty Scholarship

No abstract provided.

The Unitary Executive During The Second Half-Century, Steven G. Calabresi, Christopher S. Yoo

All Faculty Scholarship

Recent Supreme Court decisions and political events have reinvigorated the debate over Congress's authority to restrict the President's control over the administration of the law. The initial debate focused on whether the Constitutional Convention rejected the executive by committee employed by the Articles of the Confederation in favor of a unitary executive in which all administrative authority is centralized in the President. More recently, the debate has turned towards historical practices. Some scholars have suggested that independent agencies and special counsels have become such established features of the constitutional landscape as to preempt arguments in favor of the unitary executive. …

Final Report Of The Illinois Criminal Code Rewrite And Reform Commission, Paul H. Robinson, Michael T. Cahill

All Faculty Scholarship

The Governor of Illinois created a commission to examine the problems with Illinois criminal law and to rewrite the Illinois criminal code. This two-volume Final Report of the Illinois Criminal Code Rewrite and Reform Commission proposes a new criminal code, in volume 1, together with an official commentary, in volume 2, that explains each provision and how and why it differs from existing law. The introduction to the Report summarizes the reasons for and the importance of criminal code reform, and describes the techniques used in this rewrite project, including both the project’s drafting principles and the methods by which …

Final Report Of The Kentucky Penal Code Revision Project, Paul H. Robinson, Kentucky Criminal Justice Council Staff

All Faculty Scholarship

The Kentucky Criminal Justice Council, a constitutional body in Kentucky, undertook this project to examine the problems with Kentucky criminal law and to rewrite the Kentucky criminal code. This two-volume Final Report of the Kentucky Penal Code Revision Project proposes a new criminal code, in volume 1, together with an official commentary, in volume 2, that explains each provision and how and why it differs from existing law. The introduction to the Report summarizes the reasons for and the importance of criminal code reform, and describes the techniques used in this rewrite project, including both the project’s drafting principles and …

Privatization As Delegation, Gillian E. Metzger

Faculty Scholarship

Recent expansions in privatization of government programs mean that the constitutional paradigm of a sharp separation between public and private is increasingly at odds with the blurred public-private character of modern governance. While substantial scholarship exists addressing the administrative and policy impact of expanded privatization, heretofore little effort has been made to address this disconnect between constitutional law and new administrative reality. This Article seeks to remedy that deficiency. It argues that current state action doctrine is fundamentally inadequate to address the constitutional challenge presented by privatization. Current doctrine is insufficiently keyed to the ways that privatization involves delegation of …

Reconceptualizing Criminal Law Defenses, Victoria Nourse

Georgetown Law Faculty Publications and Other Works

In 1933, one of the leading theorists of the criminal law, Jerome Michael, wrote openly of the criminal law "as an instrument of the state." Today, criminal law is largely allergic to claims of political theory; commentators obsess about theories of deterrence and retribution, and the technical details of model codes and sentencing grids, but rarely speak of institutional effects or political commitments. In this article, the author aims to change that emphasis and to examine the criminal law as a tool for governance. Her approach is explicitly constructive: it accepts the criminal law that we have, places it in …

Taking Out The Adversary: The Assault On Progressive Public Interest Lawyers, David Luban

Georgetown Law Faculty Publications and Other Works

This Essay concerns laws and doctrines, some very recent, that undermine the capacity of progressive public-interest lawyers to bring cases. It asks a simple-sounding question: how just is the adversary system if one side is not adequately represented in it? And it defends a simple-sounding answer: It is not just at all. As we shall see, however, neither the question nor the answer is quite as simple as it sounds.

State Laws And The Independent Judiciary: An Analysis Of The Effects Of The Seventeenth Amendment On The Number Of Supreme Court Cases Holding State Laws Unconstitutional, Donald J. Kochan

Donald J. Kochan

In recent years, the Seventeenth Amendment has been the subject of legal scholarship, congressional hearings and debate, Supreme Court opinions, popular press articles and commentary, state legislative efforts aimed at repeal, and activist repeal movements. To date, the literature on the effects of the Seventeenth Amendment has focused almost exclusively on the effects on the political production of legislation and competition between legislative bodies. Very little attention has been given to the potential adverse effects of the Seventeenth Amendment on the relationship between state legislatures and the federal courts. This Article seeks to fill part of that literature gap, applying …