Law Commons^™

Nuremberg - Fifty Years: Accountability And Responsibility, William G. Eckhardt

Faculty Works

No abstract provided.

Speculating On The Future Of Attorney Responsibility To Nonclients, Barbara Glesner Fines

Faculty Works

No abstract provided.

The First 100 Years: Umkc School Of Law: An Abridged History, Robert C. Downs

Faculty Works

No abstract provided.

Windfall Analysis: A New Look At Uncharged Conduct Evidence, David J. Achtenberg

Faculty Works

In criminal cases, the prosecution frequently offers evidence of uncharged conduct (usually prior criminal activity), claiming that it will tend to prove the mens rea element of the charged offense. When such an offer is made, Rule 404(b) of the Federal Rules of Evidence (FRE) creates a dilemma for the trial court. On the one hand, the rule forbids the introduction of uncharged conduct evidence (UCE) for one purpose: proof of a person's character in order to show that the person acted in conformity with that character trait on a particular occasion. On the other hand, it permits the introduction …

Juror Empathy And Race, Douglas O. Linder

Faculty Works

No abstract provided.

The Tales Of White Folk: Doctrine, Narrative, And The Reconstruction Of Racial Reality, Robert L. Hayman, Nancy Levit

Faculty Works

Black America, some people said, was dying. And they wondered what they would hear in the souls of white folk when white America heard the news.

Part of the story was told in June 1995, by the Supreme Court. The session of the Court had not been convened explicitly or exclusively to determine the fate of black America. Still, it was clearly on the agenda, with no less than three major race-related disputes on the High Court's docket.

And what the Court had to say on such matters did matter. As the highest tribunal in the land, it possessed the …

Feminism For Men: Legal Ideology And The Construction Of Maleness, Nancy Levit

Faculty Works

It may seem a little odd to suggest that feminist theory has overlooked men. Yet, in several important respects, apart from the role of culprit, men have been largely omitted from feminism. Feminist legal theorists have paid mild attention to the "Can men be feminists?" question but this issue is usually relegated to footnotes. The negative effect gender role stereotypes have on men is typically subsidiary to the main focus of feminist legal literature, which has concentrated on documenting the patterns of subordination of women and on questions of feminist ideology.

The primary purpose of this article is to suggest …

Defining Cutting Edge Scholarship: Feminism And Criteria Of Rationality, Nancy Levit

Faculty Works

All too often, attempts to define or evaluate good scholarship develop criteria of meritocracy that reinforce existing hierarchies. Some of the efforts are quantitative. They involve cataloguing articles as measured by overall citation rates, ranking law reviews by citation counts, or classifying articles on a "greatest hits" list. Or they may count citations to construct a list of articles most-often-cited in fancy publications. Other efforts to describe quality scholarship involve the construction of criteria of merit, often for purposes of pronouncing what sorts of scholarship qualify for tenure, and for disqualifying nontraditional ideas and forms of writing as unworthy. The …

Discourse And Discharge: Linguistic Analysis And Abuse Of The "Exemption By Declaration" Process In Bankruptcy, Kenneth D. Ferguson

Faculty Works

In Taylor v. Freeland & Kronz, the United States Supreme Court interpreted section 522(1) of the Bankruptcy Code according to its "plain meaning" and permitted a debtor to exempt $110,000 that was ineligible for exemption under substantive exemption law. The decision of the Court was premised on the fact that there was no timely objection to the claim of exemption. Although conceding that its decision might tempt debtors to claim exemptions in property ineligible for exemption on the chance that the trustee and creditors would fail to object in time, the Court cataloged a number of other remedies, including denial …

The Rise And Fall Of The Chacoan State, John W. Ragsdale Jr

Faculty Works

No abstract provided.

Case Study Of Bad Faith Refusal To Settle: Doctrinal, Normative And Practical Analysis Of Missouri Law, Jeffrey E. Thomas

Faculty Works

No abstract provided.

Return To Hot Wheels: The Fcc, Program-Length Commercials, And The Children's Television Act Of 1990, Allen K. Rostron

Faculty Works

During the 1970s, the FCC closely examined the commercial content of children's television programming. However, in the 1980s, it declined to adopt any specific advertising or programming standards to replace those of the abandoned National Association of Broadcasters' code. The result, according to critics, was "program-length commercials," advertising for toys and other children's products contained in children's programs.

The Children's Television Act of 1990 directed the FCC to address this problem, but the agency failed to respond to the concern of Congress that children's television had become the "video equivalent of a Toys-R-Us catalog." It rejected proposals submitted during the …