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Scratching The Belly Of The Beast, Betty Mensch, Alan Freeman Sep 1989

Scratching The Belly Of The Beast, Betty Mensch, Alan Freeman

Journal Articles

No abstract provided.


Representing Nazism: Advocacy And Identity At The Trial Of Klaus Barbie, Guyora Binder May 1989

Representing Nazism: Advocacy And Identity At The Trial Of Klaus Barbie, Guyora Binder

Journal Articles

Noting the enormous media interest in the war crimes trial of Klaus Barbie, and the surprising emphasis of this coverage on its cultural significance, this essay provides a literary reading of the trial as a contest over identity. More specifically, it treats the trial and its coverage as a struggle among competing groups - including the French state, various strands of the French left, the French right, resistance veterans, holocaust survivors, Zionists, Arabs, anti-colonialists - for the power to represent Nazism. All of these groups sought to define Nazism so as to claim a privileged identity as essential victims or …


Mastery, Slavery, And Emancipation, Guyora Binder Mar 1989

Mastery, Slavery, And Emancipation, Guyora Binder

Journal Articles

Hegel's dialectic of master and slave in the Phenomenology of Mind portrays a master unable to win genuine recognition from a slave because unwilling to confer it. The dialectic implies that freedom has to be conceived as association based on mutual respect, rather than independence. This article offers a communitarian interpretation of emancipation inspired by Hegel's dialectic of master and slave. It proceeds from an account of slave society which, like Hegel's dialectic, equates slavery with the denial of social recognition. This account argues that the experience of slave society led both the masters and the slaves to conceive of …


No Call To Glory: Thurgood Marshall's Thesis On The Intent Of A Pro-Slavery Constitution, Raymond T. Diamond Jan 1989

No Call To Glory: Thurgood Marshall's Thesis On The Intent Of A Pro-Slavery Constitution, Raymond T. Diamond

Journal Articles

No abstract provided.


Looking Toward The Future: Feminism And Reproductive Technologies, Isabel Marcus, Rhonda Copelon, Ruth Hubbard, Barbara Katz Rothman, Barbara Omolade Jan 1989

Looking Toward The Future: Feminism And Reproductive Technologies, Isabel Marcus, Rhonda Copelon, Ruth Hubbard, Barbara Katz Rothman, Barbara Omolade

Journal Articles

No abstract provided.


Reaganist Realism Comes To Detriot, Stephen F. Ross Jan 1989

Reaganist Realism Comes To Detriot, Stephen F. Ross

Journal Articles

Part I of this article discusses Detroit Newspapers and explains how in deferring to the Attorney General's interpretation of the Newspaper Preservation Act, Judge Silberman disregarded every applicable technique of statutory interpretation typically used to resolve the issue. Indeed, each of these techniques suggests that Attorney General Meese's interpretation of the Act was incorrect. This part of the article also demonstrates why deference to Meese was particularly inappropriate in light of the generally accepted justifications for judicial deference to administrative interpretations of statutes.

Part II explains that Detroit Newspapers is one of several opinions by conservative Reagan judicial appointees that …


Book Review - A Guide To Legal Research In Virginia (Edited By John D. Eure), Steven D. Hinckley Jan 1989

Book Review - A Guide To Legal Research In Virginia (Edited By John D. Eure), Steven D. Hinckley

Journal Articles

Review of A Guide to Legal Research in Virginia, edited by John D. Eure. Charlottesville, VA: Committee on Continuing Legal Education, Virginia Law Foundation, 1989.


Locked In And Locked Out: Reflections In The History Of Divorce Law Reform In New York State, Isabel Marcus Jan 1989

Locked In And Locked Out: Reflections In The History Of Divorce Law Reform In New York State, Isabel Marcus

Journal Articles

No abstract provided.


A Judge Shapes And Manages Institutional Reform: School Desegregation In Buffalo, Judy Scales-Trent Jan 1989

A Judge Shapes And Manages Institutional Reform: School Desegregation In Buffalo, Judy Scales-Trent

Journal Articles

No abstract provided.


The Constitutional Theory Of The Fourth Amendment, Gerard V. Bradley Jan 1989

The Constitutional Theory Of The Fourth Amendment, Gerard V. Bradley

Journal Articles

This Article will, in large part, present its thesis regarding fourth amendment doctrine by employing, as an illustration, a recent application of the current approach by the Seventh Circuit Court of Appeals. In United States v. Torres, the Seventh Circuit held video surveillance constitutional and further found that the judiciary had the authority to issue warrants for such a technique. Although welcomed by prosecutors and law enforcement officials, this decision highlights the absurdity of the current interpretation of the reasonableness clause. Moreover, Torres provides a vehicle through which this Article's historical interpretation can be brought into focus under the cold …


Negotiation Theory And The Law Of Collective Bargaining, Barbara J. Fick Jan 1989

Negotiation Theory And The Law Of Collective Bargaining, Barbara J. Fick

Journal Articles

This Article focuses on the procedural aspects developed under the National Labor Relations Act in defining the concept of collective bargaining and discusses their applicability to a general theory of negotiation.


Issues Raised By The Abortion Rescue Movement, Charles E. Rice Jan 1989

Issues Raised By The Abortion Rescue Movement, Charles E. Rice

Journal Articles

The civil rights protests of the fifties and sixties taught the nation about the relation of the enacted law to the higher law of justice. Though less favorably publicized, the abortion rescue movement provides another such teaching moment today. As with the civil rights protests, the abortion rescue movement involves ordinary people putting their bodies on the line-and in jail-to vindicate their conception of justice. The rescue movement raises issues that transcend the question of whether one approves or disapproves of abortion. This paper examines what society might learn from the Operation Rescue movement about the weaknesses of our law.


Some Reasons For A Restoration Of Natural Law Jurisprudence, Charles E. Rice Jan 1989

Some Reasons For A Restoration Of Natural Law Jurisprudence, Charles E. Rice

Journal Articles

The growing influence of utilitarianism and legal positivism in American jurisprudence today and the decline of natural law have produced an ominous shift in the foundation of our legal system. This shift is illustrated by various courts' approaches to momentous legal issues of the Twentieth Century such as abortion and euthanasia. Ultimately, legal positivism is unacceptable as a jurisprudential framework because it provides no inherent limits on the power of the state and no basis for determining what is just. In contrast, the natural law provides a jurisprudential framework that both guides and limits the civil law. It therefore is …


The Northern Ireland Broadcasting Ban: Some Reflections On Judicial Review, Geoffrey Bennett, Russell L. Weaver Jan 1989

The Northern Ireland Broadcasting Ban: Some Reflections On Judicial Review, Geoffrey Bennett, Russell L. Weaver

Journal Articles

This Essay initially examines the British government's ban on its broadcasting networks that restricts coverage of Northern Ireland organizations, and concludes by making some reflections on the system of judicial review in the United States. Professors Weaver and Bennett note that a comparable ban in the United States probably would be held unconstitutional. In Great Britain, however, the courts lack a similar power of judicial review, leaving the question of the Ban's legitimacy to the political process. While Great Britain enjoys a relatively free society, the authors conclude that government control over the British media poses troubling problems and suggests …


Cultivating Democracy: Community Organizing In Haiti, Paolo G. Carozza Jan 1989

Cultivating Democracy: Community Organizing In Haiti, Paolo G. Carozza

Journal Articles

Upon reflection, I gained a new realization of the role of human rights activism in Haiti, a more complete understanding of what needs to be done. I came to Haiti thinking that human rights work meant counting violations and reporting them internationally. Monitoring human rights abuses does serve a purpose; it helps bring attention and support to the work of indigenous activists and can help expose the illegitimacy of an abusive regime. But as I realized in the weeks following the rally at St. Jean Bosco, these activities are only instrumental to a larger end, that of remaking political life. …


The Pervasive Method Of Teaching Ethics, David T. Link Jan 1989

The Pervasive Method Of Teaching Ethics, David T. Link

Journal Articles

The law school curriculum at Notre Dame is based on a two-faceted mission statement that the faculty developed in 1974. Moral values are central to both facets: (1) to be an outstanding teaching school that prepares competent and compassionate attorneys whose decisions are guided by the values and morality that Notre Dame represents; (2) to promote leading contributions to the development of the law, the system of justice, the legal profession, and legal education, through faculty scholarship and institutional projects that embody important qualities of the Notre Dame value system. We intend to dedicate as much intensity to sensitizing our …


Should A Christian Lawyer Serve The Guilty?, Thomas L. Shaffer Jan 1989

Should A Christian Lawyer Serve The Guilty?, Thomas L. Shaffer

Journal Articles

People who teach or practice law are in some ways like public executioners or the Air Force officers who watch over the buttons that will send nuclear missiles into action: Other people, ordinary people, want to know what we do to overcome what seem to ordinary people to be moral obstacles to doing what we do.

What ordinary people say to lawyers, and what my students say when they first come to law school, when they are still more ordinary people than they are law students, is this: How can lawyers lend their skills and talents to the representation of …


Peer Review: I'Ll Give You My Opinion If You Don't Tell Anyone What It Is: An Analysis Of University Of Pennsylvania V. Eeoc, Barbara J. Fick Jan 1989

Peer Review: I'Ll Give You My Opinion If You Don't Tell Anyone What It Is: An Analysis Of University Of Pennsylvania V. Eeoc, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case University of Pennsylvania v. EEOC, 493 U.S. 192 (1990). The author expected the Court to decide whether the EEOC may subpeopna peer review documents submitted to a university tenure committee when investigating charges that the committee engaged in impermissible discrimination when denying tenure to an associate professor.


Who Pays The Piper If You Cut Into The Dance? An Analysis Of Independent Federation Of Flight Attendants V. Zipes, Barbara J. Fick Jan 1989

Who Pays The Piper If You Cut Into The Dance? An Analysis Of Independent Federation Of Flight Attendants V. Zipes, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Indpendent Federation of Flight Attendants v. Zipes, 491 U.S. 754 (1989). The author expected the Court to address what standard the courts should apply in deciding whether to assess attorney's fees against an unsuccessful intervenor in federal employment discrimination cases.


The Professional Ethics Of Individualism And Tragedy In Martin Arrowsmith's Expedition To St. Hubert, Thomas L. Shaffer Jan 1989

The Professional Ethics Of Individualism And Tragedy In Martin Arrowsmith's Expedition To St. Hubert, Thomas L. Shaffer

Journal Articles

Sinclair Lewis (1885-1951) was a resolute critic of pretension in American business and in the professions. His only hero story is the story of a physician and research scientist, Arrowsmith (1925).' It is a story that puts up for examination Lewis's prescription for a moral life in the professions in America and, beyond that, it shows what professional life is like. I want to argue here that (1) although the story is useful for lawyers and for legal ethics, Lewis's principal moral prescription, a brief for individualism in professional life, is incoherent. The ethic of individualism, as Lewis grounds it, …


Qualified Immunity In Section 1983 Cases: The Unanswered Questions, Kit Kinports Jan 1989

Qualified Immunity In Section 1983 Cases: The Unanswered Questions, Kit Kinports

Journal Articles

Part I of this Article describes the general policies underlying qualified immunity and the Court's decisions defining the scope of the defense. Part II then addresses two answered questions concerning Harlow v. Fitzgerald's impact on the substantive content of the qualified immunity defense: Is immunity available to the defendant who actually knows that her conduct is infringing the plaintiff's constitutional rights, even if the law governing those rights is not yet clearly established? And should a court take into account the nature of the defendant's governmental responsibilities and other circumstances surrounding her conduct in determining whether the right she …


Report Of The State Bar Of Arizona Corporate, Banking, And Business Law Section Subcommittee On Rendering Legal Opinions In Business Transactions, February 1, 1989, N. Gregory Smith, Robert T. Bailes, Stephen A. Benson, Marcia J. Busching, Jon Cohen, Douglas R. Chandler, Fred Fathe, Diane K. Geimer, Michael J. Ivens, Richard Lieberman, Michelle M. Matiski, Jared Mchatton, James Mcmahon, John M. Mcvey, Kevin L. Olson, E. Elizabeth Perlman, Robert P. Robinson, Morton Scult, Jeffrey H. Verbin, Matthew J. Yingling Jan 1989

Report Of The State Bar Of Arizona Corporate, Banking, And Business Law Section Subcommittee On Rendering Legal Opinions In Business Transactions, February 1, 1989, N. Gregory Smith, Robert T. Bailes, Stephen A. Benson, Marcia J. Busching, Jon Cohen, Douglas R. Chandler, Fred Fathe, Diane K. Geimer, Michael J. Ivens, Richard Lieberman, Michelle M. Matiski, Jared Mchatton, James Mcmahon, John M. Mcvey, Kevin L. Olson, E. Elizabeth Perlman, Robert P. Robinson, Morton Scult, Jeffrey H. Verbin, Matthew J. Yingling

Journal Articles

No abstract provided.


The Jurisprudence Of Prevention: The Right Of Societal Self-Defense Against Dangerous Individuals, Edward P. Richards Jan 1989

The Jurisprudence Of Prevention: The Right Of Societal Self-Defense Against Dangerous Individuals, Edward P. Richards

Journal Articles

No abstract provided.


Confrontation As Rejoinder To Compromise: Reflections On The Little Rock Desegregation Crisis, Raymond T. Diamond Jan 1989

Confrontation As Rejoinder To Compromise: Reflections On The Little Rock Desegregation Crisis, Raymond T. Diamond

Journal Articles

No abstract provided.


Breaking Women's Silence In Law: The Dilemma Of The Gendered Nature Of Legal Reasoning, Lucinda M. Finley Jan 1989

Breaking Women's Silence In Law: The Dilemma Of The Gendered Nature Of Legal Reasoning, Lucinda M. Finley

Journal Articles

No abstract provided.


Federal Labor Rights And Access To Private Property: The Nlrb And The Right To Exclude, Dianne Avery Jan 1989

Federal Labor Rights And Access To Private Property: The Nlrb And The Right To Exclude, Dianne Avery

Journal Articles

No abstract provided.


Less Suffering When You're Warned: A Response To Professor Lewis, Thomas L. Shaffer Jan 1989

Less Suffering When You're Warned: A Response To Professor Lewis, Thomas L. Shaffer

Journal Articles

Professor Lewis' comment is a lucid brief for warning clients that their lawyers have moral limits. It begins with a generous description of the discussion Professor Freedman and I had on the subject of moral limits. I am able, as a result, to summarize the exchanges quickly: Professor Freedman's original proposition, in these pages, was that once the lawyer-client relationship is in place, it is immoral for the lawyer to refuse to seek the client's legal objectives; it is immoral for the lawyer to invoke her own conscience to prevent the client from obtaining what the law allows the client …


Removing Nonconforming Child Support Payments From The Shadow Of The Rule Against Retroactive Modification: A Proposal For Judicial Discretion, John Eric Smithburn Jan 1989

Removing Nonconforming Child Support Payments From The Shadow Of The Rule Against Retroactive Modification: A Proposal For Judicial Discretion, John Eric Smithburn

Journal Articles

Whether and under what circumstances a parent who is ordered to pay child support is entitled to credit against a child support arrearage is one of the most vexing problems for the family court. Some courts consistently demand strict adherence to a child support order and do not permit retroactive modification. Other courts have allowed retroactive modification of support decrees when equity dictates. A recent amendment to the Social Security Act, however, prohibits retroactive modification of child support orders, leaving a number of unanswered questions concerning credit requests for nonconforming support payments.

This Article explores the problems created by nonconforming …


The Judge And The Academic Community, Kenneth F. Ripple Jan 1989

The Judge And The Academic Community, Kenneth F. Ripple

Journal Articles

In the inaugural essay of this series, Judge Coffin described this unique effort of the editors of the Ohio State Law Journal as an opportunity for judges to engage in "reflective self-examination" in a time of "remorselessly increasing pressures" on the judicial way of life as it has existed since the founding of the Republic. When any institution—public or private—is experiencing great stress and, consequently, is in danger of undergoing cataclysmic change, the quality of its relationships with the other institutions with which it regularly interacts can determine its ability to deal effectively with the pressures. If those other institutions …


Forum Juridicum: Church Autonomy In The Constitutional Order - The End Of Church And State?, Gerard V. Bradley Jan 1989

Forum Juridicum: Church Autonomy In The Constitutional Order - The End Of Church And State?, Gerard V. Bradley

Journal Articles

"Separation of church and state" is right up there with Mom, apple pie, and baseball in American iconography. If everyone agrees on separation of church and state, why does the relationship between religion and public life so vex, excite, and confound us? Part of the reason is that church-state separation, although it is the historical achievement of societies decisively shaped by a Christianity that was itself decisively shaped by Judaism, is a commodious concept.

But "separation of church and state" is not contentless, and our conclusive agreement on it, I submit, provides a valuable common frame of reference in an …