Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Supreme Court of the United States (8)
- Evidence (7)
- Constitutional Law (5)
- Courts (5)
- Law and Economics (5)
-
- Legal Biography (5)
- Legal History (5)
- Civil Procedure (4)
- Comparative and Foreign Law (4)
- Medical Jurisprudence (4)
- Public Law and Legal Theory (4)
- Tax Law (4)
- Administrative Law (3)
- Criminal Law (3)
- Criminal Procedure (3)
- Food and Drug Law (3)
- Legal Profession (3)
- Legislation (3)
- Litigation (3)
- State and Local Government Law (3)
- Bankruptcy Law (2)
- Judges (2)
- Jurisprudence (2)
- Labor and Employment Law (2)
- Law and Politics (2)
- Law and Society (2)
- Legal Education (2)
- Religion Law (2)
- Securities Law (2)
- Keyword
-
- United States Supreme Court (8)
- Law professors (5)
- Law reform (5)
- University of Michigan Law School (5)
- Language (4)
-
- Assisted suicide (3)
- Cigarettes (3)
- Command-and-control (3)
- Confrontation Clause (3)
- Due process (3)
- Euthanasia (3)
- Ex ante (3)
- Ex post (3)
- Hearsay (3)
- Legal practice (3)
- Medical treatment (3)
- Physician-assisted suicide (3)
- Smoking (3)
- Tobacco Resolution (3)
- Vacco v. Quill (3)
- Washington v. Glucksberg (3)
- Witnesses (3)
- Assets (2)
- Autonomy (2)
- Capital punishment (2)
- Class actions (2)
- Congress (2)
- Creditors (2)
- Cross-examination (2)
- Death penalty (2)
Articles 1 - 30 of 49
Full-Text Articles in Law
Hard Cases, Carl E. Schneider
Hard Cases, Carl E. Schneider
Articles
Robert Latimer was born in 1953 on a farm on the prairies of Saskatchewan and grew up to own a 1,280-acre farm. In 1980 he married, and that year Tracy, the first of four children, was born. During her birth, Tracy's brain was terribly damaged by lack of oxygen, and severe cerebral palsy ensued. By 1993 Tracy could laugh, smile, and cry, and she could recognize her parents and her siblings. But she could not understand her own name or even simple words like "yes" and "no." She could not swallow well and would so often vomit her parents kept …
Confrontation: The Search For Basic Principles, Richard D. Friedman
Confrontation: The Search For Basic Principles, Richard D. Friedman
Articles
The Sixth Amendment to the Constitution guarantees the accused in a criminal prosecution the right "to be confronted with the Witnesses against him."' The Confrontation Clause clearly applies to those witnesses who testify against the accused at trial. Moreover, it is clear enough that confrontation ordinarily includes the accused's right to have those witnesses brought "face-toface," in the time-honored phrase, when they testify.2 But confrontation is much more than this "face-to-face" right. It also comprehends the right to have witnesses give their testimony under oath and to subject them to crossexamination. 3 Indeed, the Supreme Court has treated the accused's …
U.S. Notice 98-11 And The Logic Of Subpart F: A Comparative Perspective, Reuven S. Avi-Yonah
U.S. Notice 98-11 And The Logic Of Subpart F: A Comparative Perspective, Reuven S. Avi-Yonah
Articles
In this report, Reuven S. Avi-Yonah argues that the dichotomy between active and passive income that underlies subpart F and Notice 98-11 is obsolete, and should be replaced with an explicit link to source tax rates, as most of our trading partners do in similar legislation.
Talking About Religion In The Language Of The Law: Impossible But Necessary, James Boyd White
Talking About Religion In The Language Of The Law: Impossible But Necessary, James Boyd White
Articles
In speaking to this conference about religion and law I am in a decidedly peculiar position, for it may be that every one of you has thought longer and harder about the relation between these two forms of life than I have. When Scott Idleman first asked me to talk to you, I explained that I was no expert, to put it mildly, and that the most that I could offer would be the reflections of a neophyte. He said that this was fine-perhaps he was just desperate for a speaker; perhaps he thought that it might be helpful to …
Injured Women Before Common Law Courts, 1860-1930, Margo Schlanger
Injured Women Before Common Law Courts, 1860-1930, Margo Schlanger
Articles
How did early American tort law treat women? How were they expected to behave, and how were others expected to behave towards them? What gender differences mattered, and how did courts deal with those differences? These are the issues this Article explores. My aim is to illuminate the common law of torts and its relation to and with ideas about gender difference, by focusing on three sets of cases involving injured women, spanning the time between approximately 1860 and 1930. My conclusions run counter to two approaches scholars have frequently taken in analyzing gender and the common law of torts. …
Why Do Juries Get A Bum Rap: Reflections On The Work Of Valerie Hans, Richard O. Lempert
Why Do Juries Get A Bum Rap: Reflections On The Work Of Valerie Hans, Richard O. Lempert
Articles
The paper by Professor Valerie Hans that I have been asked to comment on examines the widespread expectation that jurors are prepared to hold businesses responsible in tort actions when they would not hold individual actors similarly responsible.1 Two reasons are commonly offered for this expectation. The first is that jurors naturally sympathize with individuals (like themselves) when people sue businesses, either because they identify with the plaintiffs as individuals or because they hold antibusiness attitudes. The second is that because businesses are often wealthy, a "deep pockets" effect exists such that jurors in negligence cases will find for undeserving …
Some Examples Of Using Legal Relations Language In The Legal Domain: Applied Deontic Logic, Layman E. Allen
Some Examples Of Using Legal Relations Language In The Legal Domain: Applied Deontic Logic, Layman E. Allen
Articles
The fundamental concept of the LEGAL RELATIONS Language (LRL) is the recursively-defined notion of LEGAL RELATION (LR). As LR is defined here, there is an infinite number of different LEGAL RELATIONS, and LRL is a language for precisely and completely describing each of those infinite number of dfferent LEGAL RELATIONS. With its robust collection of dfferent names, one for each of the different LEGAL RELATIONS, LRL provides adequate vocabulary for (1) describing every possible legal state of affairs, (2) accounting for every possible change from one legal state of affairs to another, (3) representing every possible legal rule, and (4) …
Built On Lies: Preliminary Reflections On Evidence Law As An Autopoetic System, Richard O. Lempert
Built On Lies: Preliminary Reflections On Evidence Law As An Autopoetic System, Richard O. Lempert
Articles
This Symposium on Truth and Its Rivals seems most concerned with what one might think of as the "output" side of evidence law that is, whether the rules of evidence enhance the likelihood that trial verdicts will capture the true state of the matter giving rise to the litigation. From this perspective, the legitimate rivals to truth are values that may justify decisions that eclipse the truth. The most obvious examples are rules of privilege, which allow probative information to remain concealed even where it is essential to accurate fact finding.
Can International Refugee Law Be Made Relevant Again?, James C. Hathaway
Can International Refugee Law Be Made Relevant Again?, James C. Hathaway
Articles
Ironic though it may seem, I believe that the present breakdown in the authority of international refugee law is attributable to its failure explicitly to accommodate the reasonable preoccupations of governments in the countries to which refugees flee. International refugee law is part of a system of state self-regulation. It will therefore be respected only to the extent that receiving states believe that it fairly reconciles humanitarian objectives to their national interests. In contrast, refugee law arbitrarily assigns full legal responsibility for protection to whatever state asylum-seekers are able to reach. It is a peremptory regime. Apart from the right …
The Death Of A Friendly Critic, James J. White
The Death Of A Friendly Critic, James J. White
Articles
Our colleague, Andy Watson, died April 2. Andy was one of the handful of preeminent law professor/psychiatrists. In that role he wrote dozens of articles and several important books, including Psychiatry for Lawyers, a widely used text. I do not write to remind us of his scholarly work, of his strength as a clinical and classroom teacher, or of his prominence as a forensic psychiatrist. I write to remind us of his powerful criticism of our teaching. On the occasion of his death, it is right to recognize his influence on the law school curriculum and to consider whether his …
Lesbian Divorce: A Commentary On The Legal Issues, David L. Chambers
Lesbian Divorce: A Commentary On The Legal Issues, David L. Chambers
Articles
Lesbian couples who break up will find themselves in an awkward position under the law for two separable but related reasons. The first is that, because they were unmarried, they are subjected by the law to much the same uneven and ambivalent treatment to which unmarried heterosexual couples are subjected. The second, of course, is that they are gay or lesbian and thus regarded with special disfavor even in some states that have become more tolerant of unmarried heterosexual relationships. As a law teacher who is gay and who writes about family law issues relating to gay men and lesbians, …
The Slippery Slope To Bankruptcy - Should Some Claimants Get A 'Carve-Out' From Secured Credit? No: It's A Populist Craving For A Petit Bourgeois Valhalla, James J. White
Articles
In 1996, Professor Elizabeth Warren made a proposal to the American Law Institute and the Drafting Committee for Article 9 for a “20 percent set aside” for unsecured claimants. As I understand it, her proposal would amend Section 9-301 of Article 9 (the section that now implicitly subordinates a lien creditor to a prior perfected secured creditor).
The Reluctant Justice: Lewis F. Powell Jr. Personifies The 'Quality Of Attentiveness', Christina B. Whitman
The Reluctant Justice: Lewis F. Powell Jr. Personifies The 'Quality Of Attentiveness', Christina B. Whitman
Articles
Lewis F. Powell Jr. came to the U.S. Supreme Court in 1972 reluctantly and at an age when many professionals are anticipating retirement rather than a career change. But the Court suited him. He grew to love the work, although he often found it agonizing, and he thrived on the role he played in the history of the Constitution.
Physician-Assisted Suicide: The Problems Presented By The Compelling, Heartwrenching Case, Yale Kamisar
Physician-Assisted Suicide: The Problems Presented By The Compelling, Heartwrenching Case, Yale Kamisar
Articles
Now that the U.S. Supreme Court has upheld New York and Washington state laws prohibiting the aiding of another to commit suicide,2 the spotlight will shift to the state courts, the state legislatures and state referenda. And once again proponents of physician-assisted suicide (PAS) will point to a heartwrenching case, perhaps the relatively rare case where a dying person is experiencing unavoidable pain (i.e., pain that not even the most skilled palliative care experts are able to mitigate), and ask: What would you want done to you if you were in this person's shoes?
The Role Of Clinical Programs In Legal Education, Suellyn Scarnecchia
The Role Of Clinical Programs In Legal Education, Suellyn Scarnecchia
Articles
In clinic, students get a glance at the lawyer they will be someday. They gain confidence that, indeed, they will be a "good" lawyer. They understand the context in which their classroom learning will be applied. In short, they are able to integrate their law school experience.
Freeing The Tortious Soul Of Express Warranty Law, James J. White
Freeing The Tortious Soul Of Express Warranty Law, James J. White
Articles
I suspect that most American lawyers and law students regard express warranty as neither more nor less than a term in a contract, a term that is subject to conventional contract rules on formation, interpretation, and remedy. Assume, for example, that a buyer sends a purchase order to a seller and the purchase order specifies the delivery of 300 tons of "prime Thomas cold rolled steel." The acknowledgment also describes the goods to be sold as "prime Thomas cold rolled steel." Every American lawyer would agree that there is a contract to deliver such steel and furthermore would conclude that …
Corporate Judgement Proofing: A Response To Lynn Lopucki's 'The Death Of Liability', James J. White
Corporate Judgement Proofing: A Response To Lynn Lopucki's 'The Death Of Liability', James J. White
Articles
In "The Death of Liability" Professor Lynn M. LoPucki argues that American businesses are rendering themselves judgment proof.- Using the metaphor of a poker game, Professor LoPucki claims American businesses are increasingly able to participate in the poker game without putting "chips in the pot." He argues that it has become easier for American companies to play the game without having chips in the pot because of the ease with which a modern debtor can grant secured credit, because of the growth of the peculiar form of sale known as asset securitization, because foreign havens for secreting assets are now …
In Appreciation Of Ted St. Antoine, Terrance Sandalow
In Appreciation Of Ted St. Antoine, Terrance Sandalow
Articles
As I began to think of what I might say this evening, it occurred to me that I was fortunate the occasion had not been billed as a roast. It would not be easy - and, indeed, might be sacrilegious - to direct attention to the foibles of a man whom thousands call "the Saint." That title, by which he has been known by generations of students, is, of course, a measure of their affection and their esteem for him. For more than three decades, Ted has been one of our most popular teachers. Although I have learned a great …
How The Wagner Act Came To Be: A Prospectus, Theodore J. St. Antoine
How The Wagner Act Came To Be: A Prospectus, Theodore J. St. Antoine
Articles
The Wagner Act of 1935, the original National Labor Relations Act (NLRA), has been called "perhaps the most radical piece of legislation ever enacted by the United States Congress."' But Supreme Court interpretations supposedly frustrated the utopian aspirations for a radical restructuring of the workplace." Similarly, according to another commentator, unnecessary language in one of the Court's earliest NLRA cases "drastically undercut the new act's protection of the critical right to strike."'
The Tragedy Of The Anticommons: Property In The Transition From Marx To Markets, Michael A. Heller
The Tragedy Of The Anticommons: Property In The Transition From Marx To Markets, Michael A. Heller
Articles
Why are many storefronts in Moscow empty, while street kiosks in front are full of goods? In this Article, Professor Heller develops a theory of anticommons property to help explain the puzzle of empty storefronts and full kiosks. Anticommons property can be understood as the mirror image of commons property. By definition, in a commons, multiple owners are each endowed with the privilege to use a given resource, and no one has the right to exclude another When too many owners hold such privileges of use, the resource is prone to overuse - a tragedy of the commons. Depleted fisheries …
Enlightenment, Donald J. Herzog
Enlightenment, Donald J. Herzog
Articles
It's a curious broadside, a work of austere graphics and polite prose far removed from the mischievous engravings and bawdy ballads usually appearing on such sheets. Drawn from an address that 345 printers had signed and 138 had presented to the queen, the original text was committed to parchment "and accompanied by a Copy surperbly printed on white Satin, edged with white Silk Fringe, backed with purple Satin, and mounted in an Ivory Roller with appropriate Devices." Even in the published version, the arch is full of intricately detailed work. The printers took pride in their craftmanship: "This Specimen of …
The (Cloudy) Future Of Class Actions, Edward H. Cooper
The (Cloudy) Future Of Class Actions, Edward H. Cooper
Articles
The past, both proximate and remote, is often consulted in attempts to predict the future. Of course extrapolation from past to future is at best an uncertain art. Extrapolation, however, is not the only problem. Lessons from the recent past are distorted by lack of perspective. Lessons from the distant past are distorted by distance. The first step is to choose which of the competing pasts to consult. Selfishly, I choose to consult the recent past, as it continues through the present and on into the near-term future, from the perspective of the Advisory Committee on the Federal Rules of …
An Alternative And Discretionary § 1367 (Symposium: A Reappraisal Of The Supplemental Jurisdiction Statute, Title 28 U.S.C. 1367), Edward H. Cooper
An Alternative And Discretionary § 1367 (Symposium: A Reappraisal Of The Supplemental Jurisdiction Statute, Title 28 U.S.C. 1367), Edward H. Cooper
Articles
Supplemental jurisdiction is a concept too complex to be captured by complicated statutory drafting. That is my proposition. Or, somewhat more accurately, that is my tentative proposition, advanced for consideration alongside the elegant but intricate statutory proposals emerging from the American Law Institute's Federal Judicial Code Revision Project. Professor John Oakley, the Reporter, knows more about supplemental jurisdiction, and has thought more deeply about it, than anyone. He has traveled many roads in continually refining proposed revisions of 28 U.S.C. § 1367. If anyone can capture all the nuances of supplemental jurisdiction in a statute, it is he, assisted by …
Update: American Public Opinion On The Death Penalty - It's Getting Personal (Symposium: How The Death Penalty Works: Empirical Studies Of The Modern Capital Sentencing System), Samuel R. Gross
Articles
Americans' views on capital punishment have stabilized. In 1994, when Professor Phoebe Ellsworth and I published a review of research on death penalty attitudes in the United States,' we began by noting that "support for the death penalty [is] at a near record high."'2 That finding, like most of the others we reported, has not changed. Nonetheless, it is interesting to pause and review the data on public opinion on the death penalty that have accumulated over the past several years. Stability is less dramatic than change but it may be equally important, and there is some news to report. …
The Future Of Physician-Assisted Suicide, Yale Kamisar
The Future Of Physician-Assisted Suicide, Yale Kamisar
Articles
I believe that when the Supreme Court handed down its decisions in 1997 in Washington v. Glucksberg and Vacca v. Quill, proponents of physician-assisted suicide (PAS) suffered a much greater setback than many of them are able or willing to admit.
Notes From The Editorial Advisory Board, James Boyd White
Notes From The Editorial Advisory Board, James Boyd White
Articles
The tenth anniversary of this Journal is an occasion not only for celebrating its remarkable achievements, but also for thinking again about the nature and premises of the work it reflects. One way to begin might be with its two central terms, "law" and "humanities" (or the obvious alternative to the second, "literature").
Upstream Patents = Downstream Bottlenecks, Rebecca S. Eisenberg, Michael A. Heller
Upstream Patents = Downstream Bottlenecks, Rebecca S. Eisenberg, Michael A. Heller
Articles
Thirty years ago in Science, Garrett Hardin introduced the metaphor "tragedy of the commons" to help explain overpopulation, air pollution, and species extinction. People often overuse resources they own in common because they have no incentive to conserve. Today, Hardin's metaphor is central to debates in economics, law, and science and powerful justification for privatizing commons property. While the metaphor highlights the cost of overuse when governments allow too many people to use a scarce resource, it misses the possibility of underuse when governments give too many people rights to exclude others. Privatization can solve one tragedy, but cause another.
United States V. O'Hagan: Agency Law And Justice Powell's Legacy For The Law Of Insider Trading, Adam C. Pritchard
United States V. O'Hagan: Agency Law And Justice Powell's Legacy For The Law Of Insider Trading, Adam C. Pritchard
Articles
The law of insider trading is judicially created; no statutory provision explicitly prohibits trading on the basis of material, non-public information. The Supreme Court's insider trading jurisprudence was forged, in large part, by Justice Lewis F. Powell, Jr. His opinions for the Court in United States v. Chiarella and SEC v. Dirks were, until recently, the Supreme Court's only pronouncements on the law of insider trading. Those decisions established the elements of the classical theory of insider trading under § 10(b) of the Securities Exchange Act of 1934 (the "Exchange Act"). Under this theory, corporate insiders and their tippees who …
On The Meaning And Impact Of The Physician-Assisted Suicide Cases. (Symposium: Physician-Assisted Suicide: Facing Death After Glucksberg And Quill), Yale Kamisar
Articles
I read every newspaper article I could find on the meaning and impact of the U.S. Supreme Court's June 1997 decisions in Washington v. Glucksberg' and Vacco v. Quill.2 I came away with the impression that some proponents of physician-assisted suicide (PAS) were unable or unwilling publicly to recognize the magnitude of the setback they suffered when the Court handed down its rulings in the PAS cases.
In Memoriam: Memorial Tributes For Professor Elizabeth B. Clark, Thomas A. Green
In Memoriam: Memorial Tributes For Professor Elizabeth B. Clark, Thomas A. Green
Articles
The first time I met Betsy, now some twenty years'ago, she simply appeared during office hours to ask about being a research assistant. She had finished her first semester of law school, she said, and-as she put it-"there must be something more to it than this." So began Betsy's career as a legal historian; to which she brought a classics background, a powerful mind, prodigious imagination, irony, whimsy, and, to put it mildly, a way with words. Betsy was, of course, a superb student, as Charlie Donahue, Bruce Frier, and I immediately recognized, one from whom one learned as much …