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Articles

1995

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Institution
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Articles 1 - 30 of 106

Full-Text Articles in Law

From Consumer Choice To Consumer Welfare, Carl E. Schneider Nov 1995

From Consumer Choice To Consumer Welfare, Carl E. Schneider

Articles

In trying to understand the I SUPPORT study, it may be useful to think of contemporary bioethics reform in terms of the principles of consumer protection. The central tendency of that reform (particularly in my own field-the law) has been to employ the model of consumer choice. That model sets as its purpose to allow consumers to choose the kinds of products they prefer. It seeks to accomplish that purpose primarily by supplying consumers the information they need to make choices and by insisting that they are given what they chose. Thus, for example, merchants may be required to reveal ...


Freedom And Criminal Responsibility In The Age Of Pound: An Essay On Criminal Justice, Thomas A. Green Jun 1995

Freedom And Criminal Responsibility In The Age Of Pound: An Essay On Criminal Justice, Thomas A. Green

Articles

The concept of freedom has two main aspects: political liberty and freedom of the will. I am concerned here with the latter, although - as these two aspects of freedom are not entirely unrelated to each other - I shall touch also on the former. Enough has been written from a philosophical perspective on the relationship between free will and the law that it is not easy to justify yet another such undertaking. But there may still be room for some informal observations on the manner in which doubts about the concept of freedom of the will affected discussion of criminal responsibility ...


On The Duties And Rights Of Parents, Carl E. Schneider May 1995

On The Duties And Rights Of Parents, Carl E. Schneider

Articles

The law of the family is the law of the absurd. Law is a system of rules administered institutionally, and thus it must treat people categorically. When law regulates economic life, it finds people at arguably their most schematic, motivated-perhaps-by a relatively unitary conception of their interest pursued in relatively rational ways. But in family life, people are at their least schematic and at their most frustratingly human, various, idiosyncratic, irrational, and perverse, and the law's efforts to affect them are thus often quixotic. In Parents as Fiduciaries, 1 Professor Scott and Dean Scott strikingly and boldly deploy the ...


On The 'Fruits' Of Miranda Violations, Coerced Confessions, And Compelled Testimony, Yale Kamisar Mar 1995

On The 'Fruits' Of Miranda Violations, Coerced Confessions, And Compelled Testimony, Yale Kamisar

Articles

Professor Akhil Reed Amar and Ms. Renee B. Lettow have written a lively, provocative article that will keep many of us who teach constitutional-criminal procedure busy for years to come. They present a reconception of the "first principles" of the Fifth Amendment, and they suggest a dramatic reconstruction of criminal procedure. As a part of that reconstruction, they propose, inter alia, that at a pretrial hearing presided over by a judicial officer, the government should be empowered to compel a suspect, under penalty of contempt, to provide links in the chain of evidence needed to convict him.


Deception, Self-Deception, And Myth: Evaluating Long-Term Environmental Settlements, William H. Rodgers, Jr. Jan 1995

Deception, Self-Deception, And Myth: Evaluating Long-Term Environmental Settlements, William H. Rodgers, Jr.

Articles

This paper draws upon six famous settlements that are known in various degrees to students of environmental law. Three are a matter of deep history: the 1970 Environmental Defense Fund settlement that led the last manufacturer of DDT in the U.S. to cease discharges into the Los Angeles sewer system and thence into Santa Monica Bay, the Kepone settlement of the mid-70s that followed in the wake of Judge Merhige's initial assessment of a record-breaking criminal fine of $13.24 million, and the Hudson River settlement of the early 1980s in which environmentalists gave up demands for cooling ...


Chief Justice Rehnquist And The Indian Cases, Ralph W. Johnson, Berrie Martinis Jan 1995

Chief Justice Rehnquist And The Indian Cases, Ralph W. Johnson, Berrie Martinis

Articles

Since his appointment to the United States Supreme Court, Chief Justice William H. Rehnquist has guided significant changes in Indian law. He has articulated new tests for determining the status of tribes and their powers as sovereign nations. He has voted to disestablish tribes and limit their sovereign powers. He has voted to allow states to exercise jurisdiction over Indian and non-Indian activities and property on reservations.

The articulation of a legal philosophy is generally accepted, expected, and probably necessary for a Supreme Court Justice. At the same time it is instructive to know the views of the members of ...


Chief Justice Rehnquist And The Indian Cases, Ralph W. Johnson, Berrie Martinis Jan 1995

Chief Justice Rehnquist And The Indian Cases, Ralph W. Johnson, Berrie Martinis

Articles

Since his appointment to the United States Supreme Court, Chief Justice William H. Rehnquist has guided significant changes m Indian law He has articulated new tests for determining the status of tribes and their powers as sovereign nations. He has voted to disestablish tribes and limit their sovereign powers. He has voted to allow states to exercise jurisdiction over Indian and non-Indian activities and property on reservations.

The articulation of a legal philosophy is generally accepted, expected, and probably necessary for a Supreme Court Justice. At the same time it is instructive to know the views of the members of ...


Deception, Self-Deception, And Mythology: The Law Of Salmon In The Pacific Northwest, William H. Rodgers, Jr. Jan 1995

Deception, Self-Deception, And Mythology: The Law Of Salmon In The Pacific Northwest, William H. Rodgers, Jr.

Articles

This paper will present a Puritan Model of the Law of Lies, which is a prominent (but by no means only) model observable in U.S. law. We will then turn to the underpinnings in evolutionary theory of deception and self-deception. We will next apply these concepts to the worlds of salmon law and policymaking, which are marked conspicuously by evidences of deceit. Some conclusions will be offered on how deceit and self-deception are addressed in the law. We will conclude with some distinctions between the laws of deception and self-deception.

For the most part, our deceptions are governed by ...


Self-Defense In Colorado, H. Patrick Furman Jan 1995

Self-Defense In Colorado, H. Patrick Furman

Articles

No abstract provided.


A Holistic Approach To Criminal Justice Scholarship, William T. Pizzi Jan 1995

A Holistic Approach To Criminal Justice Scholarship, William T. Pizzi

Articles

No abstract provided.


Initiative Petition Reforms And The First Amendment, Emily Calhoun Jan 1995

Initiative Petition Reforms And The First Amendment, Emily Calhoun

Articles

No abstract provided.


Violent Youth And Public Policy: A Case Study Of Juvenile Justice Law Reform, Barry C. Feld Jan 1995

Violent Youth And Public Policy: A Case Study Of Juvenile Justice Law Reform, Barry C. Feld

Articles

The purpose of this article by Feld was to examine the work of Minnesota's Juvenile Justice Task Force of 1994 in light of policy, case law, and prior task force recommendations. The author, a member and co-chair of the Task Force, analyzed revisions in the Minnesota juvenile justice adjudicatory system as it converged juvenile and criminal court adjudication procedures and philosophy. Ultimately, the recommendations of the Task Force were presented and accepted by the Minnesota legislature, and subsequently included Minnesota's 1994 Juvenile Crime Bill.


Antitrust And Trade Issues: Similarities, Differences, And Relationships, Daniel J. Gifford Jan 1995

Antitrust And Trade Issues: Similarities, Differences, And Relationships, Daniel J. Gifford

Articles

The recent negotiations establishing the World Trade Organiza- tion ("WTO") are the latest of a series which have progressively lowered trade barriers since the end of World War 11.1 As trade barriers have been lowered, trade has increased, moving the world inexorably towards the free-trade ideal where goods and services move in response to demand.' This, of course, is the most efficient allocation of the world's resources, and has the effect of maximizing the world's wealth.' Within the United States, the recognized role of the antitrust laws is to ensure that the market is free to allocate ...


Federalism, Efficiency, The Commerce Clause, And The Sherman Act: Why We Should Follow A Consistent Free-Market Policy, Daniel J. Gifford Jan 1995

Federalism, Efficiency, The Commerce Clause, And The Sherman Act: Why We Should Follow A Consistent Free-Market Policy, Daniel J. Gifford

Articles

The focus of the dormant commerce clause is on free trade among the states. Indeed, the Supreme Court, borrowing from the vocabulary of European integration, frequently asserts that the dormant commerce clause calls for an American "common market." 1 Borrowing from the language of international trade, the Court invalidates state or local legislation which is "protectionist." 2 This focus is consistent with the purpose of the Framers, who sought to prevent economic barriers to trade from threatening the new political order established by the United States Constitution. Stated in a more positive vein, the free-trade objectives incorporated in the dormant ...


The Jurisprudence Of Antitrust, Daniel J. Gifford Jan 1995

The Jurisprudence Of Antitrust, Daniel J. Gifford

Articles

ANTITRUST law is widely perceived to be the legal guardian of the competitive process. To the extent that it performs its role, the nation benefits. In the short-term, the nation benefits from a market process which efficiently allocates society's resources in accordance with consumer demand. In the long-term, the nation benefits as more efficient producers gradually replace less efficient producers, thus lowering the cost and increasing the supply of goods and services.


Judicial Waiver Policy And Practice: Persistence, Seriousness And Race, Marcy Rasmussen Podkopacz, Barry C. Feld Jan 1995

Judicial Waiver Policy And Practice: Persistence, Seriousness And Race, Marcy Rasmussen Podkopacz, Barry C. Feld

Articles

One of the most controversial contemporary criminal policy issues is whether serious or chronic young offenders should be tried and sentenced as juveniles or adults. Defining the boundary between juvenile and criminal courts depends upon the answers to a host of inter-related questions: Who are serious juvenile offenders? On the basis of what characteristics are they identified? Who should decide which system will deal with them and why? Does it make any difference, either symbolically or in terms of public safety, whether states try and sentence some youths as juveniles or adults? The diversity of legislative strategies to resolve these ...


A Charitable Corporate Giving Justification For The Socially Responsible Investment Of Pension Funds: A Populist Argument For The Public Use Of Private Wealth, Edward S. Adams, Karl D. Knutsen Jan 1995

A Charitable Corporate Giving Justification For The Socially Responsible Investment Of Pension Funds: A Populist Argument For The Public Use Of Private Wealth, Edward S. Adams, Karl D. Knutsen

Articles

This Article proposes a novel justification for the socially responsible investment of pension funds based upon traditional principles of charitable corporate giving and populism. This Article asserts that the justifications employed by courts in the first half of the twentieth century to expand the direct benefit doctrine in the charitable corporate giving context provide a foundation for allowing socially responsible investing in the pension fund context today. In formulating this thesis, Part I of this Article surveys the present limitations placed upon pension fund fiduciaries in the context of socially responsible investing. Part II then describes the traditional legal model ...


Lessons Of State Guideline Reforms, Richard Frase Jan 1995

Lessons Of State Guideline Reforms, Richard Frase

Articles

No abstract provided.


Sentencing Laws & Practices In France, Richard Frase Jan 1995

Sentencing Laws & Practices In France, Richard Frase

Articles

No abstract provided.


Fuzzifying The Natural Law--Legal Positivist Debate, Edward S. Adams, Torben Spaak Jan 1995

Fuzzifying The Natural Law--Legal Positivist Debate, Edward S. Adams, Torben Spaak

Articles

Legal scholars have long debated various theories of law. The debate between natural lawyers and legal positivists is case in point. This debate centers, as is well known, on the claim that there is a conceptual connection between law and morality. Natural law theorists maintain that there is such a connection, whereas legal positivists maintain that there isn't. The dialogue in this article details the respective positions of a natural law theorist, Naturalis, a legal positivist, Positivus, and a fuzzy logician, Multivalus, with regard to a case that arose in post-war Germany. As the dialogue highlights, fuzzy logic is ...


Strategic Approaches To Crime Prevention, Michael Tonry, David P. Farrington Jan 1995

Strategic Approaches To Crime Prevention, Michael Tonry, David P. Farrington

Articles

No abstract provided.


The Last Centrifugal Force, Robert F. Nagel Jan 1995

The Last Centrifugal Force, Robert F. Nagel

Articles

No abstract provided.


International Environmental Law: Boundaries, Landmarks, And Realities, Lakshman Guruswamy Jan 1995

International Environmental Law: Boundaries, Landmarks, And Realities, Lakshman Guruswamy

Articles

No abstract provided.


Affirmative Action As A Women's Issue, Helen Norton Jan 1995

Affirmative Action As A Women's Issue, Helen Norton

Articles

No abstract provided.


Judicial Ethics Simulation Based Training, Stephen M. Simon, Maury S. Landsman Jan 1995

Judicial Ethics Simulation Based Training, Stephen M. Simon, Maury S. Landsman

Articles

The Judicial Ethics Education Project trains trial judges to be aware of ethical issues that arise in the trial process. The project employs case simulations that raise ethical and management issues requiring immediate attention during the course of a trial. The goal of the project is to provide sitting judges with a basis on which to make similar decisions during trials. The project grew out of and is incorporated into the Minnesota Judicial Trial Skills Training Program ("MJTSTP") at the University of Minnesota, which was created in 1986 by Professor Steve Simon and Judge Bertrand Portisky and is mandatory for ...


Translating Legendre Or, The Poetical Sermon Of A Contemporary Jurist, Peter Goodrich Jan 1995

Translating Legendre Or, The Poetical Sermon Of A Contemporary Jurist, Peter Goodrich

Articles

No abstract provided.


The Legality Of Humanitarian Intervention, Malvina Halberstam Jan 1995

The Legality Of Humanitarian Intervention, Malvina Halberstam

Articles

No abstract provided.


Rediscovering Francis Lieber: An Afterward And Introduction, Michael Herz Jan 1995

Rediscovering Francis Lieber: An Afterward And Introduction, Michael Herz

Articles

No abstract provided.


Legal Emotion: The Women's Story In Totem And Taboo, Arthur J. Jacobson Jan 1995

Legal Emotion: The Women's Story In Totem And Taboo, Arthur J. Jacobson

Articles

No abstract provided.


Law, Force, And The Russian Media, Monroe E. Price Jan 1995

Law, Force, And The Russian Media, Monroe E. Price

Articles

No abstract provided.