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Full-Text Articles in Law

Guilty Pleas, Meredith Kolsky Lewis Mar 1994

Guilty Pleas, Meredith Kolsky Lewis

Journal Articles

No abstract provided.


Transforming Victimization, Martha T. Mccluskey Mar 1994

Transforming Victimization, Martha T. Mccluskey

Journal Articles

No abstract provided.


A Standard For Punitive Damages Under Title Vii, Judith J. Johnson Jan 1994

A Standard For Punitive Damages Under Title Vii, Judith J. Johnson

Journal Articles

Under the Civil Rights Act of 1991, the plaintiff in an employment discrimination case who alleges intentional discrimination may recover punitive damages if she demonstrates that her employer engaged in the discriminatory practice with "malice" or "reckless indifference" to federally protected rights. To prove a case of disparate treatment under Title VII, the plaintiff bears the burden of persuading the trier of fact that her employer intended to discriminate against her. In other words, to be liable in a disparate treatment case, the employer has to specifically intend to treat the plaintiff differently based, for example, on her sex. If …


Cartesian Logic And Frontier Politics: French And American Concepts Of Arbitrability, Thomas E. Carbonneau, Francois Janson Jan 1994

Cartesian Logic And Frontier Politics: French And American Concepts Of Arbitrability, Thomas E. Carbonneau, Francois Janson

Journal Articles

This comparative essay represents an attempt to introduce a measure of counterpoise in a growing and much-heralded development in the world law of arbitration. Recent decisional law in the United States, France, and other countries have challenged the strategic significance of the concept of arbitrability in the legal regulation of arbitration. The essay seeks, first, to clarify the function of arbitrability in the law of arbitration and, second, to argue against its judicial deconstruction in either the international or domestic context. The key objective of the analysis is to demonstrate the vital role of demarcation that arbitrability plays between state …


Coming Into Being: Law, Ethics, And The Practice Of Prenatal Genetic Screening, Michael J. Malinowski Jan 1994

Coming Into Being: Law, Ethics, And The Practice Of Prenatal Genetic Screening, Michael J. Malinowski

Journal Articles

No abstract provided.


Mr. Justice Blackmun: Reflections From The Cours Mirabeau, Paul R. Baier Jan 1994

Mr. Justice Blackmun: Reflections From The Cours Mirabeau, Paul R. Baier

Journal Articles

No abstract provided.


A Market Solution To Green Marketing: Some Lessons From The Economics Of Information, John M. Church Jan 1994

A Market Solution To Green Marketing: Some Lessons From The Economics Of Information, John M. Church

Journal Articles

No abstract provided.


A Process Theory Of Torts, Jay Tidmarsh Jan 1994

A Process Theory Of Torts, Jay Tidmarsh

Journal Articles

This article is meant to reconcile two schools of intellectual thought regarding tort law, the conceptualist and the anti-conceptualist. It argues that torts must be understood as a system in perpetual process--forever indefinite and infinitely malleable in its precise theoretical, doctrinal and practical manifestations--yet ultimately bounded in its possibilities. It then defines the limits of torts law as a process that constantly regenerates the old face of tort theory, doctrine and practice into the new.


Professional Employee Or Supervisory Employee: Are Nurses Protected By The Nlra? An Analysis Of Nlrb V. Health Care & Retirement Corp., Barbara J. Fick Jan 1994

Professional Employee Or Supervisory Employee: Are Nurses Protected By The Nlra? An Analysis Of Nlrb V. Health Care & Retirement Corp., Barbara J. Fick

Journal Articles

This article previews the Supreme Court case NLRB v. Health Care and Retirement Corp. of America, 511 U.S. 571 (1994). The National Labor Relations Act protects employees' right to unionize and their actions aimed at improving working conditions. The Act does not, however, protect supervisory employees on the premise that employers deserve the undivided loyalty of their agents. In this case, the Court is asked to decide if nurses who direct the work of aides and orderlies are employees protected from discharge in their efforts to improve working conditions, or are supervisors who can be fired for such conduct.


Employee/Employer, Sandra S. Klein Jan 1994

Employee/Employer, Sandra S. Klein

Journal Articles

The issue of privacy as it relates to employment in general is one of great concern, both to employers and employees. Both groups are faced with increasing threats to their individual or corporate privacy. Given that such threats carry personal, economic and social consequences, it is not surprising that many people are concerned. The bibliography which follows provides the reader with many sources which should prove useful to those well-versed in the subject, as well as to those who are looking at this issue for the first time.


Comment On Jana Singer's Alimony And Efficiency, Margaret F. Brinig Jan 1994

Comment On Jana Singer's Alimony And Efficiency, Margaret F. Brinig

Journal Articles

I propose to make three comments on Professor Singer's article. First, I will present my views on the limitations of law and economics when applied to family law. Second, I will discuss why specialization between husbands and wives is not necessarily efficient, and perhaps not even the best use of law and economics in the study of the family. Finally, and perhaps most controversially, I will question whether there are gender differences that should impact alimony law.


Abortion/Reproductive Rights, Sandra S. Klein Jan 1994

Abortion/Reproductive Rights, Sandra S. Klein

Journal Articles

The issue of a woman's right to choose whether or not to continue with a pregnancy has proven to be complicated for many reasons, not the least of which is the implications for a person's right to do with her body as she sees fit. The bibliography that follows provides the researcher with an in depth look at this issue, with an emphasis on the privacy aspects.


Growing Up Good In Maycomb, Thomas L. Shaffer Jan 1994

Growing Up Good In Maycomb, Thomas L. Shaffer

Journal Articles

"I am the sum total of those who preceded me," Elie Wiesel wrote recently, "and so are you. Am I responsible for what all of them have done before I came into this world? No. But I am responsible for what I am doing with the memory of what they have done."

Jean Louise Finch (Scout), her brother Jeremy, their summer friend Dill, who comes to them from Meridian, Mississippi, and their school friends from the town and the farms around Maycomb grew up in memory and learned, or failed to learn, and accepted, or refused to accept, responsibility for …


Article 27 And Mexican Land Reform: The Legacy Of Zapata's Dream, James J. Kelly Jan 1994

Article 27 And Mexican Land Reform: The Legacy Of Zapata's Dream, James J. Kelly

Journal Articles

This student note takes an historical look at indigenous land tenure in Mexico and the role that limited alienability has played in sustaining indigenous agriculture from the time of the Aztecs up until the reforms enacted by the Salinas administration in Mexico in the early 1990's. As the piece was in edits, the Zapatista rebellion broke out and the text was amended to note the role that land tenure played in the uprising.


Listening For The Future In The Voices Of The Past: John T. Noonan, Jr. On Love And Power In Human History, M. Cathleen Kaveny Jan 1994

Listening For The Future In The Voices Of The Past: John T. Noonan, Jr. On Love And Power In Human History, M. Cathleen Kaveny

Journal Articles

A discussion of works on moral theology and canon law by Judge John T. Noonan Jr. (1926-2017) from the 1950s to the 1980s, which deal with the subjects of usury, contraception, marriage, slavery, bribery and religious liberty. Its focus is on Noonan’s normative commitments regarding epistemology, theological anthropology and the relation of love, justice and law. The article argues that Noonan was influenced by three core ideas, an epistemological view that moral knowledge is sought after and articulated in particular times and places, an anthropological view that argues the study of ethics, law, and theology must sensitively discern the core …


The Constitutional Law Of Abortion In Germany: Should Americans Pay Attention?, Donald P. Kommers Jan 1994

The Constitutional Law Of Abortion In Germany: Should Americans Pay Attention?, Donald P. Kommers

Journal Articles

What I plan to do here is to tell you the story of Germany's legal approach to abortion and offer some tentative conclusions about what we Americans might learn from the German experience. My story centers mainly on the constitutionality of efforts in Germany to remove legal restrictions on abortion. In the United States, the story has a different twist, for there it centers on the constitutionality of efforts to impose legal restrictions on abortion. Both stories are fascinating accounts of constitutional decisionmaking, revealing as much about the values of the two societies as about the role of judicial review …


Terrorism, Territorial Sovereignty, And The Forcible Apprehension Of International Criminals Abroad, Jimmy Gurule Jan 1994

Terrorism, Territorial Sovereignty, And The Forcible Apprehension Of International Criminals Abroad, Jimmy Gurule

Journal Articles

Examines current international law governing use of force extraterritorially; in light of the Alvarez-Machain case in which a Mexican national suspected of murder was forcibly extradited to stand trial in the US.


The Church And The Law, Thomas L. Shaffer Jan 1994

The Church And The Law, Thomas L. Shaffer

Journal Articles

The image I want to use to talk about the church in the state, from a Christian lawyer's point of view, is in two of the novels of the late theological storyteller Walker Percy. We Percy readers first saw the image in Love in the Ruins. Percy's sub-title for that novel was "The Adventures of a Bad Catholic at a Time Near the End of the World." His setting is the not-too-distant future in North America. Social climate and civil discourse are even worse than they are now. Percy's central figure, Dr. Thomas More, the bad Catholic, and a few …


The Federal Constitutional Court In The German Political System, Donald P. Kommers Jan 1994

The Federal Constitutional Court In The German Political System, Donald P. Kommers

Journal Articles

The Federal Constitutional Court is a major policy-making institution in Germany's system of government. Within the space of four decades (1951- 1991), this tribunal has evolved into the most active and powerful constitutional court in Europe. Its pivotal character in the German political system sterns from its role as a judicial lawmaking body created for the specific purpose of deciding constitutional disputes under the Basic Law.1 In deciding such disputes-that is, in interpreting the language and spirit of the Basic Law-the Constitutional Court has influenced the shape of Germany's political landscape, reaching deep into the heart of the existing state, …


Marriage And Opportunism, Margaret F. Brinig, Steven M. Crafton Jan 1994

Marriage And Opportunism, Margaret F. Brinig, Steven M. Crafton

Journal Articles

Spouse abuse is no longer a secret. It has become a thorn in America's conscience. Abuse even warranted a lengthy Supreme Court discussion in an opinion on abortion. It is certainly worth thinking about whether anything systemic caused the apparent outbreak of violence in the home. If there is a legal "fix" that would remove incentives to abuse, and therefore reduce the incidence of abuse at the margin, we should know about it.

It is the thesis of this article that increased abuse and other undesirable behavior is a natural consequence of the fact that in some states the marriage …


Finite Horizons: The American Family, Margaret F. Brinig Jan 1994

Finite Horizons: The American Family, Margaret F. Brinig

Journal Articles

In the summer of 1992, while I was reading and thinking about Martha Minow's latest book, I was struck with my double role as a responsible adult. Vacationing in the north woods of Wisconsin with my mother, I suddenly needed to care for her as well as my own small children. Generational connections, important before, swelled hugely in crisis. As I caught my breath between hospital runs and kids' activities, I was thankful that I had received so much from my parents during my childhood. And I resolved to rethink the relationships between parents and children, adults and elderly.

Policy …


Liberalism And Natural Law Theory, John M. Finnis Jan 1994

Liberalism And Natural Law Theory, John M. Finnis

Journal Articles

I shall argue, in the course of this lecture, that the title I gave myself is a bad one, one that sets a bad example. "Liberalism," like "conservatism" and "socialism," is too local, contingent and shifting a term to deserve a place in a general theory of society, politics, government and law. So I had better say at once which proposition or set of propositions I, on this occasion, was gesturing towards with the word "liberalism," out of all the many propositions, often conflicting, which have been called "liberal." What I had in mind was the thesis that government and …


Using Trade To Enforce International Environmental Law: Implications For United States Law, Mary Ellen O'Connell Jan 1994

Using Trade To Enforce International Environmental Law: Implications For United States Law, Mary Ellen O'Connell

Journal Articles

The United States has enviable domestic environmental protection laws. However, good domestic environmental protection raises two concerns: effectiveness and competitiveness. In response to these two problems of environmental protection—effectiveness and competitiveness—members of Congress introduced over thirty bills in 1990 to amend U.S. trade laws. The bills were designed to either press other states to adopt environmental protection standards similar to the United States own or to at least minimize the competitive disadvantage for U.S. business inherent in U.S. regulations. The bills took one of two approaches: either they aimed at restricting access to U.S. markets for those states failing to …


The Effect Of Transaction Costs On The Market For Babies, Margaret F. Brinig Jan 1994

The Effect Of Transaction Costs On The Market For Babies, Margaret F. Brinig

Journal Articles

Among the more controversial ideas advanced by prominent United States Circuit Court Judge and law professor Richard Posner is his suggestion that a market in babies would rectify many of the problems of the adoption system. His concept has, to say the least, provoked a tremendous reaction in various segments of American society. His critics proclaimed that sales of children would serve to demean the children and their mothers, relegating them to the status of mere commodities. Unscrupulous but wealthy parents might purchase children solely to abuse them. "Baby-selling" became a code word for the foolish extreme to which its …


Response To Hittnger, Gerard V. Bradley Jan 1994

Response To Hittnger, Gerard V. Bradley

Journal Articles

No abstract provided.


What Is Right About Bankruptcy Law And Wrong About Its Critics, Samuel Bufford Jan 1994

What Is Right About Bankruptcy Law And Wrong About Its Critics, Samuel Bufford

Journal Articles

My comments in this paper focus on the papers in thus Symposium by Professors Barry Adler, James Bowers, and Philippe Aghion, Oliver Hart, and John Moore. I argue that the central points of these papers are gravely mistaken because they completely misunderstand the character of the bankruptcy caseload and procedures, they ignore some important purposes of bankruptcy reorganization, and they misstate the success rate for reorganizations. I have chosen these papers for comment for two reasons: they recommend radical changes in bankruptcy law, and they are based on the thinnest knowledge of bankruptcy practice. Incidentally, they also all take an …


A Proposal For Procedural Limitations On Hiring Permanent Striker Replacements: "A Far, Far Better Thing" Than The Workplace Fairness Act, William Corbett Jan 1994

A Proposal For Procedural Limitations On Hiring Permanent Striker Replacements: "A Far, Far Better Thing" Than The Workplace Fairness Act, William Corbett

Journal Articles

Since the Supreme Court's decision in NLRB v. Mackay Radio & Telegraph Co. in 1938, employers have been permitted to hire permanent replacements for striking employees. The hiring of permanent replacements deprives employees engaged in an economic strike of their right to immediate reinstatement to their jobs at the conclusion of the strike. Although, under the substantive law, the "Mackay doctrine" applies to economic strikes but not unfair labor practice strikes, in practice employers permanently replace employees engaged in both types of strikes. This is possible because the unfair labor practice proceedings, which determine the type of strike, occur long …


Foreward And Impact Of Market 2000 Study, Samuel C. Thompson Jr. Jan 1994

Foreward And Impact Of Market 2000 Study, Samuel C. Thompson Jr.

Journal Articles

No abstract provided.


Life On A Federal Island In The Civilian Sea, William E. Crawford Jan 1994

Life On A Federal Island In The Civilian Sea, William E. Crawford

Journal Articles

No abstract provided.


Liberal Environmental Jurisprudence, David A. Westbrook Jan 1994

Liberal Environmental Jurisprudence, David A. Westbrook

Journal Articles

No abstract provided.