Law Commons^™

State Sovereignty And The Tenth And Eleventh Amendments, Calvin R. Massey

Faculty Scholarship

No abstract provided.

Swords Into Ploughshares: Why The United States Should Provide Refuge To Young Men Who Refuse To Bear Arms For Reasons Of Conscience, Karen Musalo

Faculty Scholarship

No abstract provided.

The United States, The United Nations, And Micronesia: Questions Of Procedure, Substance, And Faith, H.G. Prince

Faculty Scholarship

No abstract provided.

Mistakes Lawyers Make In Discovery, William W. Schwarzer

Faculty Scholarship

No abstract provided.

The Popular Image Of The American Lawyer: Some Thoughts On Its Eighteenth And Nineteenth Century Intellectual Bases, James W. Gordon

Faculty Scholarship

This essay explores the ambiguous position lawyers occupy in the popular mind in America by identifying some of the ideas which contributed to the schizophrenic popular attitude toward the legal profession in the period between the American Revolution and the Civil War. Many of the stock anti-lawyer themes and many of the intellectual sources of the profession's strength are clearly visible by the end of this period. The Author explores this problem, first by relating it to recent scholarship in American history describing the struggle between republicanism and liberalism at the time of the Founding. The way the profession was …

Reconsidering Role Assumption In Clinical Education, Minna J. Kotkin

Faculty Scholarship

No abstract provided.

Manufacturing Matters: The Myth Of The Postindustrial Economy, Jagdish N. Bhagwati

Faculty Scholarship

Messrs. Cohen and Zysman are political scientists. They are the resident gurus at BRIE (Berkeley Roundtable on International Economy). While they doubtless enjoy imported French cheese, especially with the Zinfandel from the local vineyards, they get the goose pimples watching movies on their Japanese VCRs. They are worried sick by America's alleged deindustrialization. This book is their effort to say why and to startle a complacement nation into an active policy to defend its industries.

The Development Of The Nineteenth-Century Consensus Theory Of Contract, Philip A. Hamburger

Faculty Scholarship

The consensus theory is well known. According to consensus theory, contract is the product of the consensus or "meeting of the minds" of contracting parties; if there is no consensus, there is no contract. Today, even after repeated challenges, consensus theory continues to be important and even essential in many approaches to contract.

The role of the parties' consensus was not always apparent in case law. Until well into the nineteenth century, the most important remedy for breach of contract in both England and America was the action for breach of promise known as "assumpsit." As a result, lawyers typically …

Evaluating Child Care Legislation: Program Structures And Political Consequences, Lance Liebman

Faculty Scholarship

The American political system is not good at choosing among worthy goals and then adopting programs well designed to achieve the desired purposes. Scholars and activists continue to debate the success and failure of the last quarter century of efforts to reduce inequality and achieve other social reforms. But we have no well developed methodology for evaluating proposed programs and attempting to predict their likely consequences.

This Article asks what we know about choosing legal structures for programmatic efforts that seek social change. In particular, it asks whether we can predict relationships between different ways of pursuing public ends and …

Choosing One's Family: Can The Legal System Address The Breadth Of Women's Choices Of Intimate Relationships, Barbara Cox

Faculty Scholarship

In discussing the legal system's response to alternative families seeking an extension of traditional family benefits, this paper is divided into two main sections. The first section summarizes the Madison experience in trying to pass a comprehensive alternative family rights ordinance. It takes an in-depth look at the entire process from the grassroots pressures on the M.E.O.C. which resulted in formation of the task force to the Common Council's enactment of two minor sections of the proposed ordinance. It will analyze the political and legal process used in an effort to obtain significant reform in the definition of family within …

Notice-And-Comment Rights For Administrative Decisions Affecting International Trade: Heightened Need, No Response, William Araiza

Faculty Scholarship

No abstract provided.

Review Of Red, White, And Blue: A Critical Analysis Of Constitutional Law By Mark Tushnet, David B. Lyons

Faculty Scholarship

Mark Tushnet's new book offers no such counsel. Mainly a critique of interpretative theories, its conclusions are profoundly skeptical. Tushnet's central claim is that judicial review and constitutional theory cannot possibly perform their assigned functions, and that liberalism is to blame. This review will focus on those facets of the book.

Reimagining The Marshall Court, H. Jefferson Powell

Faculty Scholarship

No abstract provided.

Consolidating The Preliminary Injunction Hearing And Trial: Changing The Rules In The Middle Of The Game, Arthur D. Wolf

Faculty Scholarship

In this Article the Author addresses the issues surrounding consolidation, the situation that arises when a court decides the merits of a dispute based solely on the record produced at a hearing on motion for a preliminary injunction. The Author identifies some of the more flagrant abuses that trial and appellate courts have committed in reaching the merits after only a hearing on a motion for preliminary relief. The proposed amendments discussed in the Article would serve both courts and parties. They would prevent the kind of abuses discussed in this article by requiring that the parties be informed of …

Discovery Vices And Trans-Substantive Virtues In The Federal Rules Of Civil Procedure, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Life After Foley: The Bottom Line, David Jung, Richard Harkness

Faculty Scholarship

No abstract provided.

Northern District Of California Adopts Early Neutral Evaluation To Expedite Dispute Resolution, David I. Levine

Faculty Scholarship

No abstract provided.

The "Law Of Ideas" Reconsidered, Margreth Barrett

Faculty Scholarship

No abstract provided.

Deconstructing Gender, Joan C. Williams

Faculty Scholarship

No abstract provided.

Life After Foley: The Future Of Wrongful Discharge Litigation, David Jung, Richard Harkness

Faculty Scholarship

No abstract provided.

Managing Information And Libraries In The Electronic Era, James Hambleton

Faculty Scholarship

Computers are being used increasingly in law libraries for both information storage and for retrieval through online searching. This article discusses the effects of this increased use and offers advice for training users and setting up a computer lab.

Restricting The Flow Of Asylum-Seekers In Belgium, Denmark, The Federal Republic Of Germany, And The Netherlands: New Challenges To The Geneva Convention Relating To The Status Of Refugees And The European Convention On Human Rights, Maryellen Fullerton

Faculty Scholarship

No abstract provided.

Punishment: The Civil Perspective Of Punitive Damages, Bailey Kuklin

Faculty Scholarship

No abstract provided.

Amici For Appellees: Brief For Bioethicists For Privacy As Amicus Curiae Supporting Appelles Brief For Bioethicists For Privacy As Amicus Curiae Supporting Appellees, George J. Annas, Leonard H. Glantz, Wendy K. Mariner

Faculty Scholarship

Amicus is an ad hoc group of 57 philosophers, theologians, attorneys and physicians .. .who teach medical ethics to medical students and physicians. The members believe that permitting competent adults to make important, personal medical decisions in consultation with their physician is a fundamental principle of medical ethics, and that the doctor-patient relationship deserves the constitutional protection the Court has afforded it under the right of privacy.

Toward A Constitutional Jurisprudence Of Religious Group Rights, Frederick Mark Gedicks

Faculty Scholarship

No abstract provided.

Major Operational Decisions And Free Collective Bargaining: Eliminating The Mandatory/Permissive Distinction, James R. Rasband

Faculty Scholarship

No abstract provided.

Independent Agencies – Independent From Whom?, Sally Katzen, Edward Markey, James Miller, Joseph Grundfest, R. Gaull Silberman, Peter L. Strauss

Faculty Scholarship

No abstract provided.

Cessation Of Family Violence: Deterrence And Dissuasion, Jeffrey Fagan

Faculty Scholarship

Family violence research has only recently begun to investigate desistance. Recent developments in the study of behaviors other than family violence, such as the use of addictive substances, suggest that common processes can be identified in the cessation of disparate behaviors involving diverse populations and occurring in different settings. Desistance is the outcome of processes that begin with aversive experiences leading to a decision to stop. Desistance apparently follows legal sanctions in nearly three spouse abuse cases in four, but the duration of cessation is unknown beyond short study periods. Batterers with shorter, less severe histories have a higher probability …

On The Nature Of Bankruptcy: An Essay Of Bankruptcy Sharing And The Creditor's Bargain, Thomas H. Jackson, Robert E. Scott

Faculty Scholarship

Finance theorists have long recognized that bankruptcy is a key component in any general theory of the capital structure of business entities. Legal theorists have been similarly sensitive to the substantial allocational and distributional effects of the bankruptcy law. Nevertheless, until recently, underlying justifications for the bankruptcy process have not been widely studied. Bankruptcy scholars have been content to recite, without critical analysis, the two normative objectives of bankruptcy: rehabilitation of overburdened debtors and equality of treatment for creditors and other claimants.

The developing academic interest in legal theory has spurred a corresponding interest in expanding the theoretical foundations of …

The Constitution's Accommodation Of Social Change, Philip A. Hamburger

Faculty Scholarship

Did the framers and ratifiers of the United States Constitution think that changes in American society would require changes in the text or interpretation of the Constitution? If those who created the Constitution understood or even anticipated the possibility of major social alterations, how did they expect constitutional law – text and interpretation – to accommodate such developments?