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1988

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Full-Text Articles in Law

One Judge's Battle Against The New York City Judicial Establishment, Percy R. Luney Jr. Oct 1988

One Judge's Battle Against The New York City Judicial Establishment, Percy R. Luney Jr.

North Carolina Central Law Review

No abstract provided.


The Future Of Liberal Legal Scholarship, Ronald K.L. Collins, David M. Skover Oct 1988

The Future Of Liberal Legal Scholarship, Ronald K.L. Collins, David M. Skover

Michigan Law Review

Earl Warren is dead.

A generation of liberal legal scholars continues, nevertheless, to act as if the man and his Court preside over the present. While this romanticism is understandable, it exacts a high price in a world transformed.

The following commentary is a reconstructive criticism written from the perspective of two liberals concerned about the future of "legal liberalism." We present our views as a commentary to emphasize their preliminary character; they represent our current assessment of where liberals stand and where they might redirect their energies.


Legal Implications Of Epilepsy, H. Richard Beresford Aug 1988

Legal Implications Of Epilepsy, H. Richard Beresford

Cornell Law Faculty Publications

Physicians who care for patients with epilepsy may function as agents or targets of social control. As agents, they may assist in the identification and control of epileptic drivers, may provide information that enables fair and appropriate job placements for epileptic persons, and give testimony that helps the legal system resolve issues relating to the liability of epileptic persons for harm attributed to seizures or interictal behavioral disturbances. As targets, they may be charged with negligent failure to diagnose, treat, or inform about epilepsy or its associated problems, with failure to exercise due care in protecting persons harmed by their …


Freedom, Coercion, And The Law Of Servitudes, Gregory S. Alexander Jul 1988

Freedom, Coercion, And The Law Of Servitudes, Gregory S. Alexander

Cornell Law Faculty Publications

What do we want from a restatement of servitude law? Doctrinal simplification presents one obvious objective. Property teachers and their students commonly observe that the law of servitudes is a mess. However, doctrinal simplification surely does not present the only objective of the restatement. Developing a unified body of servitude doctrine, by itself, merely creates a sense of aesthetic coherence. Presumably the project aims at achieving more than just that. Law reformers generally seek to enhance the legal system's substantive coherence. At this level--developing a set of substantively coherent doctrinal practices--I am skeptical about the servitude restatement project.

A restatement …


Funding Legal Services For The Poor: Floria's Iota Program -- Now Is The Time To Make It Mandatory, Gregory A. Hearing Jul 1988

Funding Legal Services For The Poor: Floria's Iota Program -- Now Is The Time To Make It Mandatory, Gregory A. Hearing

Florida State University Law Review

No abstract provided.


Consensual Amorous Relationships Between Faculty And Students: The Constitutional Right To Privacy, Elisabeth A. Keller Jun 1988

Consensual Amorous Relationships Between Faculty And Students: The Constitutional Right To Privacy, Elisabeth A. Keller

Boston College Law School Faculty Papers

Surveys of college students in the United States revealed that a significant number of students thought they had been victims of some form of sexual harassment. Growing awareness of the magnitude, dimensions, and effects of sexual harassment at educational institutions and the potential for institutional liability have prompted educators to adopt policies to avert such problems. The policies typically prohibit sexual harassment of employees and students and alert the university community to the serious effects of sexual harassment and the potential for student exploitation. Some universities have gone beyond establishing regulations directed at widely litigated problems of sexual harassment and …


The Unique, Novel, And Unsound Adversary Ethic, Thomas L. Shaffer May 1988

The Unique, Novel, And Unsound Adversary Ethic, Thomas L. Shaffer

Vanderbilt Law Review

The dominant ethic in the American legal profession in 1988 is the adversary ethic. The adversary ethic, in the words of the late Justice Abe Fortas, claims that "[l]awyers are agents, not principals; and they should neither criticize nor tolerate criticism based upon the character of the client whom they represent or the cause that they prosecute or defend. They cannot and should not accept responsibility for the client's practices." This ethic is the principal-and often the only-reference point in professional discussions. Although it is embedded in our professional codes, our cases, and our law offices, this Article argues that …


The Law: From A Profession To A Business, Norman Bowie May 1988

The Law: From A Profession To A Business, Norman Bowie

Vanderbilt Law Review

The public believes that the practice of law has become a business.They also believe that lawyers are in the profession for the money and that everything a law firm does is motivated by greed-well not every-hing, in L.A. Law lawyers are motivated by greed and lust. Allegedly,lawyers overcharge, create work, and delay in order to make more money. In return lawyers produce nothing useful; they do not make cars, steel, or heavy machinery. They are perceived by many as social parasites who make a handsome living off the productive labor of others. Economists note that the United States' workforce has …


Making Society's Legal System Accessible To Society: The Lawyer's Role And Its Implications, L. Harold Levinson May 1988

Making Society's Legal System Accessible To Society: The Lawyer's Role And Its Implications, L. Harold Levinson

Vanderbilt Law Review

During the past two decades the legal profession has been remarkably, even frantically active in examining and drafting standards of professional conduct. The American Bar Association (ABA) adopted the Code of Professional Responsibility in 1970. Most states adopted the Code with relatively minor variations during the 1970s. The ABA repealed the Code in 1983 and adopted, in its place, the Model Rules of Professional Conduct. By the beginning of 1988 one-half of the states had implemented the Model Rules, with significant variations from the ABA version in some of these states, while the remaining states either had rejected the Model …


And We Are Not Saved: The Elusive Quest For Racial Justice, Kevin Edward Kennedy May 1988

And We Are Not Saved: The Elusive Quest For Racial Justice, Kevin Edward Kennedy

Michigan Law Review

A Review of And We Are Not Saved: The Elusive Quest for Racial Justice by Derrick A. Bell


Legislatures And Legal Change: The Reform Of Divorce Law, Carl E. Schneider May 1988

Legislatures And Legal Change: The Reform Of Divorce Law, Carl E. Schneider

Michigan Law Review

A Review of A Silent Revolution: Routine Policy Making and the Transformation of Divorce Law in the United States by Herbert Jacob


The Closing Of The American Mind: How Higher Education Has Failed Democracy And Impoverished The Souls Of Today's Students, Maureen P. Taylor May 1988

The Closing Of The American Mind: How Higher Education Has Failed Democracy And Impoverished The Souls Of Today's Students, Maureen P. Taylor

Michigan Law Review

A Review of The Closing of the American Mind: How Higher Education Has Failed Democracy and Impoverished the Souls of Today's Students/em by Allan Bloom


Democratic Education, Jonathan Marks May 1988

Democratic Education, Jonathan Marks

Michigan Law Review

A Review of Democratic Education by Amy Gutmann


Corporations And Society: Power And Responsibility, Sara Anne Engle May 1988

Corporations And Society: Power And Responsibility, Sara Anne Engle

Michigan Law Review

A Review of Corporations and Society: Power and Responsibility edited by Warren J. Samuels and Arthur S. Miller


Questioning Broadcast Regulation, Jonathan Weinberg May 1988

Questioning Broadcast Regulation, Jonathan Weinberg

Michigan Law Review

A Review of Seven Dirty Words and Six Other Stories: Controlling the Content of Print and Broadcast by Matthew L. Spitzer


The Public Defender, Robert R. Kimball May 1988

The Public Defender, Robert R. Kimball

Michigan Law Review

A Review of The Public Defender by Lisa J. McIntyre


Crimewarps: The Future Of Crime In America, Brandon D. Lawniczak May 1988

Crimewarps: The Future Of Crime In America, Brandon D. Lawniczak

Michigan Law Review

A Review of Crimewarps: The Future of Crime in America by Georgette Bennett


Reexamining The Law Of Rape, Janet E. Findlater May 1988

Reexamining The Law Of Rape, Janet E. Findlater

Michigan Law Review

A Review Real Rape by Susan Estrich


Stories Of Rights: Developing Moral Theory And Teaching Law, Patricia A. Cain, Jean C. Love May 1988

Stories Of Rights: Developing Moral Theory And Teaching Law, Patricia A. Cain, Jean C. Love

Michigan Law Review

A Review of Rights, Restitution, & Risk: Essays in Moral Theory by Judith Jarvis Thomson, edited by William Parent


Abortion And Divorce In Western Law, Sara J. Vance May 1988

Abortion And Divorce In Western Law, Sara J. Vance

Michigan Law Review

A Review of Abortion and Divorce in Western Law by Mary A. Glendon


Rummaging Through The Emperor's Wardrobe, Don Herzog May 1988

Rummaging Through The Emperor's Wardrobe, Don Herzog

Michigan Law Review

A Review of Politics: A Work in Constructive Social Theory. 3 Volumes by Roberto Mangabeira Unger


A Need For Caring, Judith Areen May 1988

A Need For Caring, Judith Areen

Michigan Law Review

A Review of AIDS and the Law: A Guide for the Public edited by Harlon L. Dalton, Scott Burris and the Yale AIDS Law Project


Law And Culture In Antebellum Boston (Review Essay), Alfred S. Konefsky Apr 1988

Law And Culture In Antebellum Boston (Review Essay), Alfred S. Konefsky

Book Reviews

Review of Robert A. Ferguson, Law and Letters in American Culture; R. Kent Newmeyer, Supreme Court Justice joseph Story: Statesman of the Old Republic; and William H. Pease & Jane H. Pease, The Web of Progress: Private Values and Public Syles in Boston and Charleston.


Liberalism's Public/Private Split, Elizabeth B. Mensch, Alan David Freeman Mar 1988

Liberalism's Public/Private Split, Elizabeth B. Mensch, Alan David Freeman

Journal Articles

No abstract provided.


The Twentieth-Century Revolution In Family Wealth Transmission, John H. Langbein Feb 1988

The Twentieth-Century Revolution In Family Wealth Transmission, John H. Langbein

Michigan Law Review

The main purpose of this article is to sound a pair of themes about the ways in which these great changes in the nature of wealth have become associated with changes of perhaps comparable magnitude in the timing and in the character of family wealth transmission. My first theme, developed in Part II, concerns human capital. Whereas of old, wealth transmission from parents to children tended to center upon major items of patrimony such as the family farm or the family firm, today for the broad middle classes, wealth transmission centers on a radically different kind of asset: the investment …


Naturalization Ceremony: U.S. District Court, Southern District Of New York, Roger J. Miner '56 Jan 1988

Naturalization Ceremony: U.S. District Court, Southern District Of New York, Roger J. Miner '56

Naturalization Ceremonies

No abstract provided.


Surrogacy And Adoption: A Case Of Incompatibility, Barbara L. Atwell Jan 1988

Surrogacy And Adoption: A Case Of Incompatibility, Barbara L. Atwell

Elisabeth Haub School of Law Faculty Publications

This Article explores the public policy doctrine relating to contracts generally and examines specific public policies set forth in state adoption statutes. The Article concludes that surrogate parenting agreements are 1) incompatible with consent provisions of state adoption statutes, 2) inconsistent with state laws prohibiting baby-selling, and 3) inconsistent with state adoption provisions that provide for a thorough investigation of the adoptive parents in order to ensure that the adoption serves the child's best interests. Accordingly, this Article suggests that as state legislatures debate the best means of addressing the issue of surrogate parenting, they should recognize that surrogate parenting …


The Right To Counsel Under Attack, David Rudovsky Jan 1988

The Right To Counsel Under Attack, David Rudovsky

Faculty Scholarship at Penn Carey Law

No abstract provided.


Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen Kaufman, Martin A. Schwartz Jan 1988

Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen Kaufman, Martin A. Schwartz

Touro Law Review

No abstract provided.


The Authoritarian Impulse In Constitutional Law, Robin West Jan 1988

The Authoritarian Impulse In Constitutional Law, Robin West

Georgetown Law Faculty Publications and Other Works

Should there be greater participation by legislators and citizens in constitutional debate, theory, and decision-making? An increasing number of legal theorists from otherwise divergent perspectives have recently argued against what Paul Brest calls the "principle of judicial exclusivity" in our constitutional processes. These theorists contend that because issues of public morality in our culture either are, or tend to become, constitutional issues, all political actors, and most notably legislators and citizens, should consider the constitutional implications of the moral issues of the day. Because constitutional questions are essentially moral questions about how active and responsible citizens should constitute themselves, we …