Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles

1991

Discipline
Institution
Keyword

Articles 1 - 30 of 115

Full-Text Articles in Law

Telling Tales In Court: Trial Procedure And The Story Model, Richard O. Lempert Nov 1991

Telling Tales In Court: Trial Procedure And The Story Model, Richard O. Lempert

Articles

There are three ways in which stories may figure prominently at trials. First, litigants may tell stories to jurors. Not only is there some social science evidence that this happens, but trial lawyers have an instinctive sense that this is what they do. Ask a litigator to describe a current case and she is likely to reply, "Our story is ... " Second, jurors may try to make sense of the evidence they receive by fitting it to some story pattern. If so, the process is likely to feed back on itself. That is, jurors are likely to build a …


Some Caveats Concerning Dna As Criminal Identification Evidence: With Thanks To The Reverend Bayes, Richard O. Lempert Nov 1991

Some Caveats Concerning Dna As Criminal Identification Evidence: With Thanks To The Reverend Bayes, Richard O. Lempert

Articles

The conference panel at which this paper was originally presented was structured along the lines of a debate. The three speakers who were supposed to advocate the use of DNA evidence were labeled, as is customary, Proponents. But those who were supposed to take the negative side were not called Opponents. Rather they were labeled Caveators. I do not know who is responsible for this label, but I think it gets things exactly right. To my mind anyone considering DNA as criminal identification evidence should be a Caveator. The promise and utility of DNA analysis in identifying the perpetrators of …


Law And Society In A New South Community: Durham County, North Carolina, 1898-1899, James L. Hunt Oct 1991

Law And Society In A New South Community: Durham County, North Carolina, 1898-1899, James L. Hunt

Articles

No abstract provided.


Copyright As Myth, Jessica D. Litman Sep 1991

Copyright As Myth, Jessica D. Litman

Articles

It has become fashionable to seek to formulate, or reformulate, copyright law as an expression of overarching grand theory. Perhaps the most prominent manifestation of this trend has been the recasting of copyright law in the mold of economic incentives; a more recent upstart competitor seeks to reclaim the debate by invoking the philosophical precepts of Hohfeld, Hegel and Locke. Occasionally, the literature gives us polite debates about which of the competing theoretical models is more misguided. Meanwhile, another voice in the copyright literature has been complaining that the law is remarkably unaccommodating of the actual process of creating works …


The Fourth Amendment And Its Exclusionary Rule, Yale Kamisar Sep 1991

The Fourth Amendment And Its Exclusionary Rule, Yale Kamisar

Articles

"The history of liberty," Justice Felix Frankfurter once noted, "has largely been the history of observance of procedural safeguards" and "the history of the destruction of liberty," Professor Anthony Amsterdam has added, "has largely been the history of the relaxation of those safeguards in the face of plausible sounding governmental claims of a need to deal with widely frightening and emotion freighted threats to the good order of society." These plausible-sounding government claims are being heard today -and they are putting enormous pressure on the Fourth Amendment, the constitutional provision that protects "the right of the people to be secure …


Fragile Gains: Two Centuries Of Canadian And United States Policy Toward Indians, Ralph W. Johnson Jul 1991

Fragile Gains: Two Centuries Of Canadian And United States Policy Toward Indians, Ralph W. Johnson

Articles

The United States and Canada share a common history in their policies toward and legal treatment of the Native Americans that historically have occupied both countries. The Royal Proclamation of 1763 established a policy of recognizing Aboriginal title and treating with Indians that was binding on the colonies that preceded both countries, and influenced both governments in later dealings with tribes. Assimilationist themes are evident as well in the national policy toward Indians in both countries. Nevertheless, historically and in the present, national policies and laws of the two governments can be contrasted. This Article sets forth a detailed comparison …


Oil And The Public Trust Doctrine In Washington, Ralph W. Johnson Apr 1991

Oil And The Public Trust Doctrine In Washington, Ralph W. Johnson

Articles

The tragic spill of millions of gallons of oil into Alaska's Prince William Sound alerted the people of Washington to the danger of spills in Puget Sound. In Washington, the danger heightens as the amount of oil transported through the Sound increases. Indeed, Coast Guard figures show about 1,500 tanker movements in Puget Sound in 1988, a 50 percent increase over 1974.2 Moreover, the spill from the Exxon Valdez taught us that, because very little can be done after a spill, the only truly effective means of preventing damage from oil spills is to prevent them in the first place. …


The Single Owner Revisited: A Brief Reply To Professor Lewin, Richard A. Epstein Jan 1991

The Single Owner Revisited: A Brief Reply To Professor Lewin, Richard A. Epstein

Articles

No abstract provided.


An Economic Analysis Of Mortgagor Protection Laws, Michael H. Schill Jan 1991

An Economic Analysis Of Mortgagor Protection Laws, Michael H. Schill

Articles

No abstract provided.


Current Challenges To Free Expression: A New Age Of Repression, Geoffrey R. Stone Jan 1991

Current Challenges To Free Expression: A New Age Of Repression, Geoffrey R. Stone

Articles

No abstract provided.


Tuskegee Modern, Or Group Rights Under The Constitution, Richard A. Epstein Jan 1991

Tuskegee Modern, Or Group Rights Under The Constitution, Richard A. Epstein

Articles

No abstract provided.


Bfoq Revisited: Johnson Controls Halts The Expansion Of The Defense To Intentional Sex Discrimination, Stephen F. Befort Jan 1991

Bfoq Revisited: Johnson Controls Halts The Expansion Of The Defense To Intentional Sex Discrimination, Stephen F. Befort

Articles

The bona fide occupational qualification (BFOQ) is a statutory defense to intentional discrimination under Title VII. 1 The BFOQ defense permits an employer to adopt an otherwise facially discriminatory employment practice if "reasonably necessary to the normal operation of that particular business. . . ." 2 Both the courts and the Equal Employment Opportunity Commission (EEOC) have traditionally interpreted this defense very narrowly. A gender-based employment classification, for example, qualifies as a BFOQ only if the failure to adopt a single-sex policy undermines the employer's ability to accomplish its essential business mission. 3


Justice Brennan And The Freedom Of Speech: A First Amendment Odyssey, Geoffrey R. Stone Jan 1991

Justice Brennan And The Freedom Of Speech: A First Amendment Odyssey, Geoffrey R. Stone

Articles

No abstract provided.


The Law And Economics Of Racial Discrimination In Employment: The Case For Numerical Standards, David A. Strauss Jan 1991

The Law And Economics Of Racial Discrimination In Employment: The Case For Numerical Standards, David A. Strauss

Articles

No abstract provided.


Constitutionalism And Secession, Cass R. Sunstein Jan 1991

Constitutionalism And Secession, Cass R. Sunstein

Articles

No abstract provided.


Civil Rights And Remedies, Frank H. Easterbrook Jan 1991

Civil Rights And Remedies, Frank H. Easterbrook

Articles

No abstract provided.


Democratizing America Through Law, Cass R. Sunstein Jan 1991

Democratizing America Through Law, Cass R. Sunstein

Articles

No abstract provided.


How Not To Promote Serious Deliberation About Abortion, Michael W. Mcconnell Jan 1991

How Not To Promote Serious Deliberation About Abortion, Michael W. Mcconnell

Articles

No abstract provided.


Black, Brown, Poor & Poisoned: Minority Grassroots Environmentalism And The Quest For Eco-Justice, Michael H. Schill, Regina Austin Jan 1991

Black, Brown, Poor & Poisoned: Minority Grassroots Environmentalism And The Quest For Eco-Justice, Michael H. Schill, Regina Austin

Articles

No abstract provided.


Should The Law Prohibit 'Manipulation' In Financial Markets?, Daniel R. Fischel, David J. Ross Jan 1991

Should The Law Prohibit 'Manipulation' In Financial Markets?, Daniel R. Fischel, David J. Ross

Articles

No abstract provided.


Ancient Law And The Punishment Of Corporations: Of Frankpledge And Deodand, Albert W. Alschuler Jan 1991

Ancient Law And The Punishment Of Corporations: Of Frankpledge And Deodand, Albert W. Alschuler

Articles

No abstract provided.


Remarks On Law And Literature, Richard A. Posner Jan 1991

Remarks On Law And Literature, Richard A. Posner

Articles

No abstract provided.


The Strangest Attack Yet On Law And Economics, Richard A. Posner Jan 1991

The Strangest Attack Yet On Law And Economics, Richard A. Posner

Articles

Judge Posner responds in this Article to Professor Jaffee. He first addresses Professor Jaffee's attempt to refute Law and Economics within its own terms by reference to the concept of efficient breach of contract. Judge Posner argues that even if some of Professor Jaffee's criticisms are true-which he doubts-the "efficient breach" concept and the damages remedies that it implies still provide the preferred approach to breach of contract problems. He points out that specific performance-Professor Jaffee's preferred remedy for breach-raises problems of its own, including bilateral monopoly and a need for continued judicial supervision of contracts. Regarding the alternative vision …


Democracy And Distrust Revisited, Richard A. Posner Jan 1991

Democracy And Distrust Revisited, Richard A. Posner

Articles

No abstract provided.


Deconcentrating The Inner City Poor, Michael H. Schill Jan 1991

Deconcentrating The Inner City Poor, Michael H. Schill

Articles

No abstract provided.


A Clash Of Two Cultures: Will The Tort System Survive Automobile Insurance Reform?, Richard A. Epstein Jan 1991

A Clash Of Two Cultures: Will The Tort System Survive Automobile Insurance Reform?, Richard A. Epstein

Articles

No abstract provided.


Taxes, Agency Costs, And The Price Of Incorporation, Saul Levmore, Hideki Kanda Jan 1991

Taxes, Agency Costs, And The Price Of Incorporation, Saul Levmore, Hideki Kanda

Articles

No abstract provided.


Three Civil Rights Fallacies, Cass R. Sunstein Jan 1991

Three Civil Rights Fallacies, Cass R. Sunstein

Articles

No abstract provided.


Controversial Scholarship And Faculty Appointments: A Dean's View, Geoffrey R. Stone Jan 1991

Controversial Scholarship And Faculty Appointments: A Dean's View, Geoffrey R. Stone

Articles

No abstract provided.


Administrative Substance Twenty-Second Annual Administrative Law Issue, Cass R. Sunstein Jan 1991

Administrative Substance Twenty-Second Annual Administrative Law Issue, Cass R. Sunstein

Articles

No abstract provided.