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Articles 31 - 34 of 34
Full-Text Articles in Law
Mapping The Human Genome And The Meaning Of Monster Mythology, George J. Annas
Mapping The Human Genome And The Meaning Of Monster Mythology, George J. Annas
Faculty Scholarship
Pre-Columbian cartographers drew their maps to the extent of their knowledge, and then wrote in the margins, "Beyond this point there are dragons." With the voyage of Columbus, we lost both our fear of the geographic frontier and our innocence. We accept that knowledge can generally overpower fear; but we have also learned that the application of new knowledge often has a dark side that can lead to brutality and disaster. The discovery of America, for example, led to unforeseen value conflicts of justice and fairness involving native Americans that were "resolved" only by their merciless subjugation and genocidal destruction. …
Form And Function In The Administration Of Justice: The Bill Of Rights And Federal Habeas Corpus, Larry Yackle
Form And Function In The Administration Of Justice: The Bill Of Rights And Federal Habeas Corpus, Larry Yackle
Faculty Scholarship
Part I critiques the Report's insistence that accurate fact finding exhausts, or nearly exhausts, the objectives of criminal justice, identifies the fundamental role of the Bill of Rights in the American political order, and situates federal habeas corpus within that framework. Part II traces the Report's historical review of the federal habeas jurisdiction and critiques the Report's too-convenient reliance on selected materials that, on examination, fail to undermine conventional understandings of the writ's development as a postconviction remedy. Part III responds to the Report's complaints regarding current habeas corpus practice and refutes contentions that the habeas jurisdiction overburdens federal dockets …
Bracton, The Year Books, And The 'Transformation Of Elementary Legal Ideas' In The Early Common Law, David J. Seipp
Bracton, The Year Books, And The 'Transformation Of Elementary Legal Ideas' In The Early Common Law, David J. Seipp
Faculty Scholarship
The language of the common law has a life and a logic of its own, resilient through eight centuries of unceasing talk. Basic terms of the lawyer's specialized vocabulary, elementary conceptual distinctions, and modes of argument, which all go to make “thinking like a lawyer” possible, have proved remarkably durable in the literature of the common law. Two fundamental distinctions—between “real” and “personal” actions and between “possessory” and “proprietary” remedies—can be traced back to their early use in treatises of the first generations of professional common law judges and in reports of courtroom dialogue from the first generations of professional …
Confessions Of A Horizontalist: A Dialogue On The First Amendment, Larry Yackle
Confessions Of A Horizontalist: A Dialogue On The First Amendment, Larry Yackle
Faculty Scholarship
It is hardly surprising that the Supreme Court has never developed a satisfying theory of the first amendment. Free speech and press problems are many and varied, demanding the most delicate balance of interests in order to preserve a system of freedom of expression and at the same time afford proper respect for competing governmental objectives. Doctrine adapted to one medium of expression may not sit well when applied to others. With the passage of time, changes in technology, economic conditions, and the very nature of expression tend to outstrip the Court's ability to keep pace with doctrinal innovations. There …