Law Commons^™

A Critical Approach To Section 1983 With Special Attention To Sources Of Law, Jack M. Beermann

Faculty Scholarship

The Civil Rights Act of 1871¹ ("§ 1983") establishes a tort-like remedy for persons deprived of federally protected rights "under color of law."'² While the statute's broad language provides a remedy for violations of federal constitutional and statutory rights, the statute itself provides little or no guidance regarding important subjects such as the measure of damages, the availability of punitive damages, the requirements for equitable relief, the statute of limitations, survival of claims, proper parties, and immunities from suit.³...

...The first part of this article examines the narrowly "legal" analysis of § 1983 in the cases …

Baseline Questions In Legal Reasoning: The Example Of Property In Jobs, Jack M. Beermann, Joseph William Singer

Faculty Scholarship

In what follows, we critique at-will employment by focusing on the baselines that underlie the analysis. Our ultimate goal is to develop persuasive arguments to move courts and businesses to provide greater job security for workers. One possible reason the courts have been so reluctant to change employment law is that judges analyze job security issues from the standpoint of a series of baselines which have the effect of creating a presumption against job security that is almost impossible to overcome. These baseline assumptions effectively place the burden of proof on advocates of job security.

Judges fail to recognize that …

The Egalitarian Fallacy, Ann Puckett

Scholarly Works

Professor Puckett contends that a policy of treating all law library staff members as equals is an injustice to the professional librarian, dilutes the inherent strength of any library, and impairs library services by requiring professionals to spend valuable time on nonprofessional tasks.

Book Review Of Annuals And Surveys Appearing In Legal Periodicals: An Annotated Listing, James S. Heller

Library Staff Publications

No abstract provided.

Law Library Management: An Annotated Bibliography, Janet Sinder

Faculty Scholarship

No abstract provided.

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.

Punitive Damages: A Supporting Theory, Harold See

Law Faculty Scholarship

Scholarly opinion overwhelmingly opposes the trend toward truly punitive damages. If Lord Keynes's observation is correct, then damages intended to punish are, after only a brief maturity, condemned to pass away. The winds of the popular and judicial summer will carry them off because there is no hedgerow of theory to break that wind and hold them fast.

Punitive Damages: Introduction And Synopsis, Harold See

Law Faculty Scholarship

An introduction and synopsis of the 1989 symposium on punitive damages sponsored by the University of Alabama School of Law and the Alabama Law Review.

Missing Pieces: A Cognitive Approach To Law, Pierre Schlag

Publications

No abstract provided.

Discipline Of Clear Expression, Donald L. Burnett Jr.

Articles

No abstract provided.

In Praise Of Student-Edited Law Reviews: A Reply To Professor Dekanal, John Paul Jones

Law Faculty Publications

Prof. Jones responds to a previous writer's arguments that the student-edited law review be replaced by journals edited by law faculty members. He argues that there are not enough willing faculty editors and staff members to sustain the present number and production rate of law journals.

That's Just The Way It Is: Langille On Law, Allan C. Hutchinson

Articles & Book Chapters

This article is a defence of the sceptical critique of the legitimacy of law and adjudication. It is a direct reply to the arguments of Professor Brian Langille, whose article "Revolution Without Foundation: The Grammar of Scepticism and Law" appeared in Volume 33 of this Journal. In that article, Langille defended the viability of law, legal discourse and legal critique primarily by attacking the claim that scepticism based on the "indeterminacy of language" can be grounded in the philosophy of Ludwig Wittgenstein. Professor Hutchinson concentrates his spirited response on the indeterminacy of language. He contends that law fails to meet …

A Critical Legal Studies Perspective On Contract Law And Practice, Girardeau A. Spann

Georgetown Law Faculty Publications and Other Works

The critical legal studies movement is often viewed as highly theoretical, characterized by impenetrable scholarship that makes frequent reference to the work of"famous dead Europeans." Indeed, the theoretical detachment of critical legal studies from real-world concerns has led some to speculate that the methodologies of the movement are so abstract and stylized that they could be used to deny the validity of distinctions that we commonly rely upon in everyday life-even something as basic as the distinction between up and down. Given the level of abstraction at which most critical legal studies analysis occurs, one might wonder why a critical …

Sapphire Bound!, Regina Austin

All Faculty Scholarship

No abstract provided.

The Field Of Public Land Law -- A Ten-Year Retrospective, Charles F. Wilkinson

Publications

No abstract provided.

Land Tenure In The Pacific: The Context For Native Hawaiian Land Rights, Charles F. Wilkinson

Publications

No abstract provided.

Lessons From A Writing Audit, Tom Goldstein, Jethro K. Lieberman

Articles & Chapters

No abstract provided.

Legal Theory And Linguistic Reality: A Critical Examination Of Modern Legal Scholarship, Marin Roger Scordato

Scholarly Articles

To establish a starting point for the analysis, I begin by identifying and discussing the possible functions served by scholarship in a legal environment defined by the classic jurisprudence of natural law. I then consider the intellectual challenge posed to natural law jurisprudence by the modern Legal Realist movement and the consequences of that challenge for legal scholarship in particular. Lastly, I attempt to characterize the mainstream of current legal scholarship as a series of variations on two very basic intellectual responses to the modern Realist critique of established legal process and traditional legal scholarship.