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Articles 1 - 30 of 135
Full-Text Articles in Law
Some Caveats Concerning Dna As Criminal Identification Evidence: With Thanks To The Reverend Bayes, Richard O. Lempert
Some Caveats Concerning Dna As Criminal Identification Evidence: With Thanks To The Reverend Bayes, Richard O. Lempert
Articles
The conference panel at which this paper was originally presented was structured along the lines of a debate. The three speakers who were supposed to advocate the use of DNA evidence were labeled, as is customary, Proponents. But those who were supposed to take the negative side were not called Opponents. Rather they were labeled Caveators. I do not know who is responsible for this label, but I think it gets things exactly right. To my mind anyone considering DNA as criminal identification evidence should be a Caveator. The promise and utility of DNA analysis in identifying the perpetrators of …
Telling Tales In Court: Trial Procedure And The Story Model, Richard O. Lempert
Telling Tales In Court: Trial Procedure And The Story Model, Richard O. Lempert
Articles
There are three ways in which stories may figure prominently at trials. First, litigants may tell stories to jurors. Not only is there some social science evidence that this happens, but trial lawyers have an instinctive sense that this is what they do. Ask a litigator to describe a current case and she is likely to reply, "Our story is ... " Second, jurors may try to make sense of the evidence they receive by fitting it to some story pattern. If so, the process is likely to feed back on itself. That is, jurors are likely to build a …
Law And Society In A New South Community: Durham County, North Carolina, 1898-1899, James L. Hunt
Law And Society In A New South Community: Durham County, North Carolina, 1898-1899, James L. Hunt
Articles
No abstract provided.
Qualified Plans And Identifying Tax Expenditures: A Rejoinder To Professor Stein, Edward A. Zelinsky
Qualified Plans And Identifying Tax Expenditures: A Rejoinder To Professor Stein, Edward A. Zelinsky
Articles
No abstract provided.
The Fourth Amendment And Its Exclusionary Rule, Yale Kamisar
The Fourth Amendment And Its Exclusionary Rule, Yale Kamisar
Articles
"The history of liberty," Justice Felix Frankfurter once noted, "has largely been the history of observance of procedural safeguards" and "the history of the destruction of liberty," Professor Anthony Amsterdam has added, "has largely been the history of the relaxation of those safeguards in the face of plausible sounding governmental claims of a need to deal with widely frightening and emotion freighted threats to the good order of society." These plausible-sounding government claims are being heard today -and they are putting enormous pressure on the Fourth Amendment, the constitutional provision that protects "the right of the people to be secure …
Copyright As Myth, Jessica D. Litman
Copyright As Myth, Jessica D. Litman
Articles
It has become fashionable to seek to formulate, or reformulate, copyright law as an expression of overarching grand theory. Perhaps the most prominent manifestation of this trend has been the recasting of copyright law in the mold of economic incentives; a more recent upstart competitor seeks to reclaim the debate by invoking the philosophical precepts of Hohfeld, Hegel and Locke. Occasionally, the literature gives us polite debates about which of the competing theoretical models is more misguided. Meanwhile, another voice in the copyright literature has been complaining that the law is remarkably unaccommodating of the actual process of creating works …
Fragile Gains: Two Centuries Of Canadian And United States Policy Toward Indians, Ralph W. Johnson
Fragile Gains: Two Centuries Of Canadian And United States Policy Toward Indians, Ralph W. Johnson
Articles
The United States and Canada share a common history in their policies toward and legal treatment of the Native Americans that historically have occupied both countries. The Royal Proclamation of 1763 established a policy of recognizing Aboriginal title and treating with Indians that was binding on the colonies that preceded both countries, and influenced both governments in later dealings with tribes. Assimilationist themes are evident as well in the national policy toward Indians in both countries. Nevertheless, historically and in the present, national policies and laws of the two governments can be contrasted. This Article sets forth a detailed comparison …
Textualism And Taboo: Interpretation And Deference For Justice Scalia, Michael Herz
Textualism And Taboo: Interpretation And Deference For Justice Scalia, Michael Herz
Articles
No abstract provided.
Environmental Auditing And Environmental Management: The Implicit And Explicit Federal Regulatory Mandate, Michael Herz
Environmental Auditing And Environmental Management: The Implicit And Explicit Federal Regulatory Mandate, Michael Herz
Articles
No abstract provided.
Oil And The Public Trust Doctrine In Washington, Ralph W. Johnson
Oil And The Public Trust Doctrine In Washington, Ralph W. Johnson
Articles
The tragic spill of millions of gallons of oil into Alaska's Prince William Sound alerted the people of Washington to the danger of spills in Puget Sound. In Washington, the danger heightens as the amount of oil transported through the Sound increases. Indeed, Coast Guard figures show about 1,500 tanker movements in Puget Sound in 1988, a 50 percent increase over 1974.2 Moreover, the spill from the Exxon Valdez taught us that, because very little can be done after a spill, the only truly effective means of preventing damage from oil spills is to prevent them in the first place. …
Refocusing The New Evidence Scholarship : A Comment On Robert S. Thompson's "Decision, Disciplined Inferences And The Adversary Process", Terence J. Anderson
Refocusing The New Evidence Scholarship : A Comment On Robert S. Thompson's "Decision, Disciplined Inferences And The Adversary Process", Terence J. Anderson
Articles
No abstract provided.
Environmental Warfare [Comment], Bernard H. Oxman
Human Rights As Rhetoric: The Persian Gulf War And United States Policy Toward Iraq, Kunal Parker, Peter M. Labonski
Human Rights As Rhetoric: The Persian Gulf War And United States Policy Toward Iraq, Kunal Parker, Peter M. Labonski
Articles
No abstract provided.
The Duty To Respect Generally Accepted International Standards, Bernard H. Oxman
The Duty To Respect Generally Accepted International Standards, Bernard H. Oxman
Articles
No abstract provided.
College Presidents And The Ncaa Presidents' Commission: All Bark And No Bite, Laurence M. Rose
College Presidents And The Ncaa Presidents' Commission: All Bark And No Bite, Laurence M. Rose
Articles
No abstract provided.
The Lockett Paradox: Reconciling Guided Discretion And Unguided Mitigation In Capital Sentencing, Scott E. Sundby
The Lockett Paradox: Reconciling Guided Discretion And Unguided Mitigation In Capital Sentencing, Scott E. Sundby
Articles
No abstract provided.
Dangerous Liaisons: Seduction And Betrayal In Confidential Press-Source Relations, Lili Levi
Dangerous Liaisons: Seduction And Betrayal In Confidential Press-Source Relations, Lili Levi
Articles
No abstract provided.
Legal Images Of Battered Women: Redefining The Issue Of Separation, Martha R. Mahoney
Legal Images Of Battered Women: Redefining The Issue Of Separation, Martha R. Mahoney
Articles
No abstract provided.
Beyond Griswold: Foucauldian And Republican Approaches To Privacy, Stephen J. Schnably
Beyond Griswold: Foucauldian And Republican Approaches To Privacy, Stephen J. Schnably
Articles
No abstract provided.
Wills And Trusts: "The Kingdom Of The Fathers", Mary Louise Fellows
Wills And Trusts: "The Kingdom Of The Fathers", Mary Louise Fellows
Articles
The purpose of my talk today is to use doctrines in wills and trusts law as the yardstick with which to measure the Kingdom of the Fathers. I will show that wills and trusts law has always and 2 continues to operate to preserve and sustain their Kingdom.
Guilty Of The Crime Of Trust: Nonstranger Rape, Beverly Balos, Mary Louise Fellows
Guilty Of The Crime Of Trust: Nonstranger Rape, Beverly Balos, Mary Louise Fellows
Articles
Current law allows defendants to use a preexisting relationship to give credibility to a defense of consent or reasonable, good faith belief of consent. However, the law acknowledges various connections between people and recognizes that under certain circumstances it is appropriate both to prevent a person from acting and to require a person to act. If courts applied the doctrine of confidential relationships to acquaintance rape, evidence of the relationship would impose upon the defendant a heightened duty of care to the victim. This heightened duty of care would change the mental element of the crime. It would also change …
Rethinking Alimony: Marital Decisions And Moral Discourse, Carl E. Schneider
Rethinking Alimony: Marital Decisions And Moral Discourse, Carl E. Schneider
Articles
The riddle of alimony is why one former spouse should have to support the other when no-fault divorce seems to establish the principle that marriage need not be for life and when governmental regulation of intimate relationships is conventionally condemned. Perhaps the most intelligent and probing recent attempt to solve that riddle is Ira Ellman's The Theory of Alimony. In this article, I have two purposes. The first is to ask some questions about Professor Ellman's admirable inquiry into this intricate and intractable problem. These questions are not intended to disprove "the theory." Professor Ellman has, at the least, identified …
Absolute Priority And New Value, James J. White
Absolute Priority And New Value, James J. White
Articles
This paper is based on a lecture given on December 6, 1990 ast the Second Annual Robert E. Krinock Lecture. The absolute priority rule is a specific application of the broader doctrine that reorganization plans must be "fair and equitable." Both have their origins in the railroad reorganization cases of the early 20th century. The general doctrine is now codified in section 1129(b)(2) of the Bankruptcy Code and the rule is codified in subsection 1129(b)(2)(B)(ii) which provides that the debtor must pay a nonconsenting class of unsecured creditors in full or "the holder of any claim or interest that is …
A Massachusetts Debacle: Gagnon V. Shoblom, Lester Brickman
A Massachusetts Debacle: Gagnon V. Shoblom, Lester Brickman
Articles
No abstract provided.
Justice Scalia, Poverty, And The Good Society, Toby Golick
Justice Scalia, Poverty, And The Good Society, Toby Golick
Articles
No abstract provided.
The Use Of Legislative History In Treaty Interpretation: The Dual Treaty Approach, Malvina Halberstam
The Use Of Legislative History In Treaty Interpretation: The Dual Treaty Approach, Malvina Halberstam
Articles
No abstract provided.
Environmental Accountability Beyond Compliance: Externalities And Accounting, Arthur J. Jacobson
Environmental Accountability Beyond Compliance: Externalities And Accounting, Arthur J. Jacobson
Articles
No abstract provided.
Suicide And Justice, Arthur J. Jacobson
Derrida, Law, Violence And The Paradox Of Justice, Michel Rosenfeld
Derrida, Law, Violence And The Paradox Of Justice, Michel Rosenfeld
Articles
No abstract provided.
Tolerance: The Bridge Between Religious Liberty And Privacy, David Rudenstine
Tolerance: The Bridge Between Religious Liberty And Privacy, David Rudenstine
Articles
No abstract provided.