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1988

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Full-Text Articles in Law

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.


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.


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 ...


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.


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 ...


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 ...


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


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


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


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


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 ...


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 ...


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


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


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


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


Democratic Education, Jonathan Marks May 1988

Democratic Education, Jonathan Marks

Michigan Law Review

A Review of Democratic Education by Amy Gutmann


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


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 ...


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 ...


The Right To Speak, The Right To Hear, And The Right Not To Hear: The Technological Resolution To The Cable/Pornography Debate, Michael I. Meyerson Jan 1988

The Right To Speak, The Right To Hear, And The Right Not To Hear: The Technological Resolution To The Cable/Pornography Debate, Michael I. Meyerson

University of Michigan Journal of Law Reform

This Article concludes that the power of government to regulate cable pornography is limited to that which is legally obscene. Part I reviews Supreme Court cases delineating the relationship between the rights of privacy in the home and of freedom of speech. Part II demonstrates that ยท the technology of cable television provides the solution to the pornography dilemma. Cable television preserves both privacy and speech interests because individual subscribers can be given the physical means to block out programming they find personally offensive without affecting the ability of others to receive that programming. Where such accommodation of interests is permissible ...


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.


Law, Litigation And Social Change: A Critical Evaluation Of An Empirical Research Tradition, Frank W. Munger Jan 1988

Law, Litigation And Social Change: A Critical Evaluation Of An Empirical Research Tradition, Frank W. Munger

Articles & Chapters

This article examines the theory and empirical methods of recent studies of law and litigation. It argues that the recent interest in longitudinal studies of trial court dockets proceeds from a deeply rooted functionalist theoretical tradition in empirical work on courts. Functionalist theory, through its sophisticated application in the work of James Willard Hurst, is described as the direct or indirect source of theory for longitudinal litigation studies. Though there are many reasons for suspecting that fuctionalist theory is inadequate, it has seldom been rejected through proper empirical testing of its hypotheses. The theory, often poorly conceptualized, is discussed here ...


Methodological Issues In The Content Analysis Of Pornography, Daniel Linz, Edward Donnerstein Jan 1988

Methodological Issues In The Content Analysis Of Pornography, Daniel Linz, Edward Donnerstein

University of Michigan Journal of Law Reform

No scientifically sound analysis of the content of pornography in the United States as a whole currently exists. Dietz and Sears's article takes us a small step closer to quantifying the contents of pornography. Some of the methods employed in the present study, however, prohibit us from making solid generalizations from the findings reported here to the nationwide pornographic marketplace. Our critique of the article will concentrate first on the methods employed in the study and then on the findings obtained through these methods and the authors' interpretation of these findings.


A Lost Episode Of "Meeting Of The Minds": Posner, Kelman, Holmes, And Pascal, Paul J. Heald Jan 1988

A Lost Episode Of "Meeting Of The Minds": Posner, Kelman, Holmes, And Pascal, Paul J. Heald

Scholarly Works

SCENE ONE: Mr. Allen enters first, carrying a sheaf of photocopied papers, and sits behind the desk. Next enter Mr. [Richard] Posner, Mr. [Blaise] Pascal, Mr. [Oliver Wendell] Holmes, and Mr. [Mark] Kelman all carrying similar papers. Holmes and Posner take seats to Allen's right; Kelman and Pascal seat themselves to Allen's left.

MR. ALLEN: Gentlemen, I would like to thank you for coming. I know that Mr. Pascal has had an especially difficult trip. I myself just flew in from the coast, and boy are my arms tired (polite chuckles from Posner and Kelman).

As you know ...