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1993

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Institution
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Articles 1 - 30 of 157

Full-Text Articles in Law

Unfunded Mandates, Hidden Taxation, And The Tenth Amendment: On Public Choice, Public Interest, And Public Services, Edward A. Zelinsky Nov 1993

Unfunded Mandates, Hidden Taxation, And The Tenth Amendment: On Public Choice, Public Interest, And Public Services, Edward A. Zelinsky

Articles

Few contemporary issues concern state and local policymakers as intensely as unfunded mandates. Mayors, county executives, city councilmen, and the professional associations representing them routinely argue that the federal and state governments have, in recent years, imposed at an accelerating rate expensive requirements on municipalities without granting corresponding funds for compliance, thereby irresponsibly straining the fiscal capacity of municipalities, hampering their ability to provide essential services, and improperly infringing upon the scope of local control. The complaints of municipal policymakers have provoked a variety of proposals for restraining unfunded mandates: obligatory disclosure of the projected costs of proposed mandates, requirements …


Experts, Stories, And Information, Richard O. Lempert Nov 1993

Experts, Stories, And Information, Richard O. Lempert

Articles

In the infancy of the jury trial, there were no witnesses. The jury was self-informing. Members of the jury were drawn from the community. It was expected that they would know, either firsthand or on the basis of what they had heard, the true facts of any disputed incident, and they were gathered together to say what those facts were. Ronald Allen and Joseph Miller, in their insightful paper, see the ideal of the self-informing jury as very much alive today. Allen and Miller tell us that jurors ideally should experience firsthand the factual information needed to arrive at rational …


Readings By Our Unitary Executive, Lawrence Lessig Oct 1993

Readings By Our Unitary Executive, Lawrence Lessig

Articles

No abstract provided.


The Suspect Population And Dna Identification, Richard O. Lempert Sep 1993

The Suspect Population And Dna Identification, Richard O. Lempert

Articles

Forensic DNA analysis typically proceeds by first determining whether alleles (one of two or more alternative forms of a gene) found in DNA apparently left by the perpetrator of a crime at a crime scene (the "evidence sample") match alleles extracted from a sample of the suspected criminal's blood (the "suspect sample"). If alleles drawn from the two sources match, the next step is to provide information about the probative value of the match by estimating the probability that alleles extracted from the blood of some random individual would have matched the alleles in the evidence sample. Thinking in terms …


Dna, Science And The Law: Two Cheers For The Ceiling Principle, Richard O. Lempert Sep 1993

Dna, Science And The Law: Two Cheers For The Ceiling Principle, Richard O. Lempert

Articles

The ceiling principle is an intentionally conservative way of estimating the frequency with which individuals who share particular alleles appear in the general population. It establishes frequencies for each allele by taking random samples of 100 individuals from each of 15 to 20 populations and using the largest frequency with which the allele is found in any of these populations or 5 percent, whichever is larger, as an estimate of the allele's frequency in the population of interest. These frequencies are then multiplied to yield an estimate of the likelihood that a randomly selected person would exhibit the same allelic …


Legal Scholarship Today, Richard A. Posner Jul 1993

Legal Scholarship Today, Richard A. Posner

Articles

No abstract provided.


The Tension Between Rules And Discretion In Family Law: A Report And Reflection, Carl E. Schneider Jun 1993

The Tension Between Rules And Discretion In Family Law: A Report And Reflection, Carl E. Schneider

Articles

The history of law is many things. But one of them is the story of an unremitting struggle between rules and discretion. The tension between these two approaches to legal problems continues to pervade and perplex the law today. Perhaps nowhere is that tension more pronounced and more troubling than in family law. It is probably impossible to practice family law without wrestling with the imponderable choice between rules and discretion. Consider, for example, how many areas of family law are now being fought over in-just those terms. For decades we have lived with an abundantly discretionary way of resolving …


Fidelity In Translation, Lawrence Lessig May 1993

Fidelity In Translation, Lawrence Lessig

Articles

Readings of the Constitution have changed. Sometimes they have changed because the constitutional text has changed. But more often they have changed while the text has remained the same. Can it be that these changed readings-changes that track no change in constitutional text-can nonetheless be readings of fidelity, faithful to the Constitution's original meaning? On some readings of originalism, the answer must be no. But this essay argues that any complete account of interpretive fidelity must allow--indeed require--changes in constitutional readings even when there has been no change in the constitutional text. If meaning is a function of both text …


Governance In Chapter 11 Reorganizations: Reducing Costs, Improving Results, Edward S. Adams Jan 1993

Governance In Chapter 11 Reorganizations: Reducing Costs, Improving Results, Edward S. Adams

Articles

Throughout the past two years, Trans World Airlines, Midway Airlines, and R.H. Macy Company, as well as over 46,000 other corporations, have filed petitions for relief under Chapter 11 of the United States Bankruptcy Code. Of the firms that have filed Chapter 11 reorganization petitions, over eighty percent will never reorganize successfully and will not avoid a subsequent conversion to a Chapter 7 liquidation proceeding. The effects of these “misfilings” are enormous. Most fundamentally, an attempted reorganization, when liquidation is the more efficient solution, can unnecessarily increase the overall costs of bankruptcy significantly.


Major Developments At The Un Commission On Human Rights In 1992, Joe W. (Chip) Pitts Iii, David Weissbrodt Jan 1993

Major Developments At The Un Commission On Human Rights In 1992, Joe W. (Chip) Pitts Iii, David Weissbrodt

Articles

The forty-eighth session of the United Nations Commission on Human Rights, the principal human rights organ of the United Nations, occurred at the Palais des Nations in Geneva, Switzerland from 27 January to 7 March 1992.' The session took place at a time of unprecedented invigoration of the United Nations in general, and demonstrated both the challenges and the opportunities facing the organization and its primary human rights arm in the world community today.


Globalization Of Constitutional Law And Civil Rights, David Weissbrodt Jan 1993

Globalization Of Constitutional Law And Civil Rights, David Weissbrodt

Articles

The teaching of U.S. constitutional law is remarkably insular. A quick review of course books reveals few, if any, references to materials from other countries or to relevant international law.1 Constitutional law courses focus almost exclusively on the U.S. constitutional order. The course books appear to consider as unique this country's balance of power between the national government and the states and its approach to bridging the structural tension among executive, legislative, andjudicial branches. One colleague facetiously told me that the only country comparable to the United States is the United Kingdom. Since the U.K. has no written constitution, the …


The Law Of Legitimacy: An Instrument Of Procreative Power, Mary Louise Fellows Jan 1993

The Law Of Legitimacy: An Instrument Of Procreative Power, Mary Louise Fellows

Articles

The purpose of this Article is to explore how inheritance law, through its reliance on the laws regarding legitimacy, affects the construction of sexuality and procreative power in our society. The crucial importance of female monogamy in a private property regime is well-recognized. It is the only means by which a man can assure himself that his wealth will be inherited by his offspring. The enforcement of female monogamy by men enhances a man’s procreative power because it provides the basis for his claim of paternity.


Traveling The Road Of Probate Reform: Finding The Way To Your Will (A Response To Professor Ascher), Mary Louise Fellows Jan 1993

Traveling The Road Of Probate Reform: Finding The Way To Your Will (A Response To Professor Ascher), Mary Louise Fellows

Articles

In the United States during this century, probate law and practice have undergone significant changes. Some of the changes are attributable to exogenous factors, such as the development of state and federal income and transfer tax systems, the development of a variety of types of insurance and other contractual arrangements, and the transformation of the American family profile. Other changes are attributable to endogenous factors, such as the growing frustration with traditional will formalities.


Criminalizing The American Juvenile Court, Barry C. Feld Jan 1993

Criminalizing The American Juvenile Court, Barry C. Feld

Articles

Progressive reformers envisioned a therapeutic juvenile court that made individualized treatment decisions in the child's "best interests." The Supreme Court's Gault decision provided the impetus for transforming the juvenile court from an informal welfare agency into a scaled-down criminal court. Since Gault, the juvenile court procedures increasingly resemble those of adult courts, although in some respects, such as assistance of counsel, juveniles receive less adequate protections. Judicial and legislative changes have altered the juvenile court's jurisdiction over noncriminal status offenders and serious young offenders-as the former are diverted from the system, the latter are transferred to adult criminal courts. Juvenile …


The Role Of The Legislature, The Sentencing Commission, And Other Officials Under The Minnesota Sentencing Guidelines, Richard Frase Jan 1993

The Role Of The Legislature, The Sentencing Commission, And Other Officials Under The Minnesota Sentencing Guidelines, Richard Frase

Articles

Minnesota's experience with sentencing guidelines remains critically important to legislators and sentencing reformers in other jurisdictions. Minnesota adopted the first commission-based presumptive sentencing system in 1980, and its Guidelines 1 have been the focus of exhaustive study. 2 The Minnesota Sentencing Guidelines Commission has routinely collected extensive data on all felony sentences, as well as more detailed data on selected sentencing samples. 3 This rich source of data and commentary, coupled with a considerable appellate caselaw interpreting the Guidelines and over a decade of legislative and Commission-initiated amendments, provides invaluable lessons concerning the processes by which commission-based guidelines are drafted, …


Sentencing Commissions And Their Guidelines, Michael Tonry Jan 1993

Sentencing Commissions And Their Guidelines, Michael Tonry

Articles

Sentencing commissions, administrative agencies charged to develop and promulgate standards for sentencing, were first proposed early in the 1970s and first established in 1978. Of four recent major sentencing reform approaches-the others being parole guidelines, voluntary sentencing guidelines, and statutory determinate sentences-only sentencing commission systems continue to be created. Despite controversies associated with the highly unpopular federal guidelines, commissions and their guidelines have achieved their primary goals. Some commissions have achieved specialized technical competence, have adopted comprehensive policy approaches, and have to a degree insulated policy from short-term political pressures. Guidelines have reduced disparities and gender and sex differences in …


Organizational Crime, Michael Tonry Jan 1993

Organizational Crime, Michael Tonry

Articles

No abstract provided.


Implementing Commission-Based Sentencing Guidelines: The Lessons Of The First Ten Years In Minnesota, Richard Frase Jan 1993

Implementing Commission-Based Sentencing Guidelines: The Lessons Of The First Ten Years In Minnesota, Richard Frase

Articles

No abstract provided.


Sentencing Guidelines In The States: Lessons For State And Federal Reformers, Richard Frase Jan 1993

Sentencing Guidelines In The States: Lessons For State And Federal Reformers, Richard Frase

Articles

No abstract provided.


The Rules Of Evidence And The Rules Of Public Debate, Geoffrey R. Stone Jan 1993

The Rules Of Evidence And The Rules Of Public Debate, Geoffrey R. Stone

Articles

No abstract provided.


Determinacy, Objectivity, And Authority, Brian Leiter, Jules L. Coleman Jan 1993

Determinacy, Objectivity, And Authority, Brian Leiter, Jules L. Coleman

Articles

No abstract provided.


Drafting A Constitution: A Friendly Warning To South Africa, Richard A. Epstein Jan 1993

Drafting A Constitution: A Friendly Warning To South Africa, Richard A. Epstein

Articles

No abstract provided.


Should Title Vii Of The Civil Rights Act Of 1964 Be Repealed?, Richard A. Epstein, Erwin Chemerinsky Jan 1993

Should Title Vii Of The Civil Rights Act Of 1964 Be Repealed?, Richard A. Epstein, Erwin Chemerinsky

Articles

No abstract provided.


Blackmail, Privacy, And Freedom Of Contract, Richard A. Posner Jan 1993

Blackmail, Privacy, And Freedom Of Contract, Richard A. Posner

Articles

No abstract provided.


The Material Basis Of Jurisprudence, Richard A. Posner Jan 1993

The Material Basis Of Jurisprudence, Richard A. Posner

Articles

No abstract provided.


Unitary Executive Interpretation: A Comment, Frank H. Easterbrook Jan 1993

Unitary Executive Interpretation: A Comment, Frank H. Easterbrook

Articles

No abstract provided.


The Path Of The Presidency, Lawrence Lessig Jan 1993

The Path Of The Presidency, Lawrence Lessig

Articles

No abstract provided.


A Libel Story: Sullivan Then And Now (Reviewing Anthony Lewis, Make No Law: The Sullivan Case And The First Amendment (1991)), Elena Kagan Jan 1993

A Libel Story: Sullivan Then And Now (Reviewing Anthony Lewis, Make No Law: The Sullivan Case And The First Amendment (1991)), Elena Kagan

Articles

No abstract provided.


Regulation Of Hate Speech And Pornography After R. A. V., Elena Kagan Jan 1993

Regulation Of Hate Speech And Pornography After R. A. V., Elena Kagan

Articles

No abstract provided.


Lucas V. South Carolina Coastal Council: A Tangled Web Of Expectations, Richard A. Epstein Jan 1993

Lucas V. South Carolina Coastal Council: A Tangled Web Of Expectations, Richard A. Epstein

Articles

No abstract provided.