Law Commons^™

The Cosmology Of Law In Buddhist Tibet, Rebecca Redwood French

Journal Articles

No abstract provided.

Justice William Johnson And The History Of Supreme Court Dissent, Meredith Kolsky Lewis

Journal Articles

No abstract provided.

Institutions And Linguistic Conventions: The Pragmatism Of Lieber's Legal Hermeneutics, Guyora Binder

Journal Articles

This article presents Francis Lieber’s 1839 treatise “Legal and Political Hermeneutics” as a surprisingly modern and pragmatic account of interpretation. It first explicates the two most important influences on Liber’s thought, the romantic philology of Friedrich Schleiermacher, and the institutional positivism of Whig jurists Story and Kent. It shows that both of these sources frankly acknowledged that interpretation is an institutional practice, organized by the evolving aims and customs of the institutions within which it took place. Both tended to view the writing and reading of texts as the deployment of linguistic conventions. Both movements thereby viewed meaning for all …

The Banjul Charter And The African Cultural Fingerprint: An Evaluation Of The Language Of Duties, Makau Wa Mutua

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No abstract provided.

Conflicting Conceptions Of Human Rights: Rethinking The African Post-Colonial State, Makau Wa Mutua

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No abstract provided.

Taking The Employer's Gun And Bargaining About Returning It: A Reply To "A Law, Economic, And Negotiations Approach" To Striker Replacement Law, William Corbett

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No abstract provided.

The Fifth Auxiliary Right (Book Review), Raymond T. Diamond, Robert J. Cottrol

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No abstract provided.

"Never Intended To Be Applied To The White Population": Firearms Regulation And Racial Disparity -- The Redeemed South's Legacy To A National Jurisprudence?, Raymond T. Diamond, Robert J. Cottrol

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No abstract provided.

Silent Beneficiaries: Affirmative Action And Gender In Law School Academic Support Programs, Darlene Goring

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No abstract provided.

Reconsidering The Louisiana Doctrine Of Employment At Will: On The Misinterpretation Of Article 2747 And The Civilian Case For Requiring "Good Faith" In Termination Of Employment, John Devlin

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No abstract provided.

Codes As Straight-Jackets, Safeguards, And Alibis: The Experience Of The French Civil Code, Olivier Moreteau

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No abstract provided.

The Limited Relevance Of Plain Meaning, Stephen F. Ross

Journal Articles

In this essay, the author takes the position that linguists' principal expertise - ascertaining how language is used by ordinary speakers of English - is often of little value in interpreting controversial non-criminal federal statutes. Although linguistic techniques might still aid in understanding their meaning, the author's thesis is that extrinsic evidence that is known and accessible to this small sub-community - such as legislative history, established norms of construction, and other evidence about the context in which the legislation arose - is more likely than linguistic analysis to help an outside judge shed light on what Congress meant and …

Reconsidering Flood V. Kuhn, Stephen F. Ross

Journal Articles

Within the academia, two very different groups of legal scholars have devoted a great deal of attention to Flood v. Kuhn. Those specializing in sports law have either attached Flood as a ridiculous decision that improperly distinguished between baseball and other professional sports, or have praised it for waging guerrilla warfare on the idea that Section 1 of the Sherman Act should apply to intra-league arrangements by owners of the professional sports teams. Those viewing Flood through the lens of statutory interpretation perceive the decision as adhering rigidly to the principle of stare decisis; this rigidity has been …

Arbitral Justice: The Demise Of Due Process In American Law, Thomas E. Carbonneau

Journal Articles

Arbitration consists of a process for resolving disputes in a final and binding manner outside the traditional court system. The rules that govern arbitration provide for flexible proceedings and do not require the strict application of legal rules.

Owing largely to the holdings of the U.S. Supreme Court, arbitration law and procedure have emerged from the obscurity of specialized practice and entered the adjudicatory mainstream.

In 1925, with the enactment of the U.S. Arbitration Act, the U.S. Congress declaredthe rehabilitation of arbitral justice and dispute resolution. These provisionsanticipated, in effect, the modern, world-wide legislative legitimization ofarbitration. Primarily because of the …

Rededication Panel Discussion On Gender Equality And Intercollegiate Athletics, Stephen F. Ross, Karol Kahrs, Fred Heinrich

Journal Articles

This article is a transcript of a panel discussion in which Professor Stephen F. Ross, Associate Athletic Director Karol Kahrs, and Fred Heinrich participated entitled "Sports and the Law," at the Rededication of the University of Illinois College of Law. The panel discussion centered on the issue of gender equity in intercollegiate athletics. Title IX of the Education Amendments Act requires institutions receiving federal funding to provide equal educational opportunity for students regardless of gender. The panel discussion focused on the impact of Title IX and the University of Illinois's efforts to comply with the requirements.

The Modern Parol Evidence Rule And Its Implications For New Textualist Statutory Interpretation, Stephen F. Ross, Daniel Trannen

Journal Articles

Part I of this article focuses on the history of parol evidence in contract interpretation, describing both Williston's and Corbin's definition and application of the parol evidence rule. With the adoption of the UCC and the Second Restatement, we suggest that Corbin's position-that expansion of admissibility of parol evidence will more accurately reflect the drafters' manifest intentions and minimize the judge's personal biases-has been accepted by experts and legislators alike. In Part II, we summarize the use of legislative history in statutory interpretation, focusing on the rise of the New Textualism and its critique of the use of legislative history …

Waiving Sovereign Immunity In An Age Of Clear Statement Rules, John C. Nagle

Journal Articles

The Supreme Court has been creating clear statement rules faster than commentators can keep track of them. At their strongest, clear statement rules treat all statutes as maintaining the status quo unless Congress clearly states its contrary intention in the text of the statute. Because clear statement rules "foreclose inquiry into extrinsic guides of interpretation," they eliminate any need—or opportunity—to glean evidence from the structure, purpose, or history of a statute to inform a determination about congressional intent. But the Court has vacillated regarding precisely what Congress must do to satisfy clear statement rules. Sometimes broad general language suffices; sometimes …

Closing Argument, James H. Seckinger

Journal Articles

To put closing argument in perspective, lawsuits are won or lost on the evidence and the law, not on the advocate's analytical and oratory skill. As pointed out by Broun and Seckinger: “This is not intended to minimize the importance of the closing argument. It is merely to relegate it to its proper position, which is a summation of the evidence that has preceded it and a relation of that evidence to the issues in the case.”

An effective closing is an argument, not a summation. An effective closing argument should attack the serious problems in a case and put …

Multiple Punishment For Similar Crimes: Is The Double Jeopardy Clause Violated?, Jimmy Gurule

Journal Articles

Criminal defendants often are charged and convicted of multiple offenses. And often one offense is a lesser included offense of another, which means that proving one offense proves the other. If the offender is sentenced for both crimes, is the prohibition against double jeopardy violated? That is the question the Supreme Court addresses in this drug trafficking case, a case in which two concurrent life imprisonment sentences were imposed for virtually the same conduct.

Federal Criminal Law: The Need, Not For Revised Constitutional Theory Or New Congressional Statutes, But The Exercise Of Responsible Prosecutive Discretion, G. Robert Blakey

Journal Articles

My basic point is that major aspects of systems of legal justice deal with antisocial behavior. That an aspect of these systems may be categorized as “criminal,” “civil,” “state,” “federal,” or “international,” is relevant principally to a question of legal theory or governmental organization, which is fundamentally secondary to the character of the behavior itself. In short, we have to look at the behavior first–and only then ask questions of legal theory or governmental organization.

We should not be talking about “federalization.” That is a constitutional question to which we now have a fairly clear constitutional answer. Little or no …

In Re American Waste: A Clumsy Expansion Of The Right To Litigate Environmental Issues, Keith B. Hall

Journal Articles

No abstract provided.

Domestic Violence & Partner Notification: Implications For Treatment And Counseling Of Women With Hiv, Karen H. Rothenberg, Stephen Paskey, Melissa M. Reuland, Sheryl Itkin Zimmerman, Richard L. North

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No abstract provided.

The Risk Of Domestic Violence And Women With Hiv Infection: Implications For Partner Notification, Public Policy, And The Law, Karen H. Rothenberg, Stephen Paskey

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No abstract provided.

Can A Deficiency Notice To A Non-Filing Taxpayer Shorten The Time To Claim A Refund In The Tax Court?, Matthew J. Barrett

Journal Articles

Each year, about three million people overpay their federal income taxes but don't file returns. Taxpayers usually have three years to claim a refund. When a non-filer waits more than two years before seeking a refund, the IRS often seeks more tax because the taxpayer has not filed. If the taxpayer appeals to the Tax Court to avoid paying the additional tax, the IRS says the refund period is only two years. Now the Supreme Court decides if a deficiency notice can shorten the time to claim a refund in the Tax Court.

Are Back Pay And Damages In Age Discrimination Cases Subject To Income Taxes?, Matthew J. Barrett

Journal Articles

The Internal Revenue Code excludes damages received "on account of personal injuries" from federal income taxation. In this case, the Supreme Court decides if back pay and damages received under the Age Discrimination in Employment Act qualify for this exclusion. The Court's decision could affect thousands of workers who have brought, or may bring, federal age discrimination claims after losing their jobs in downsizings. It may also resolve the tax status of punitive damages.

Shaping Today's Forfeiture Law: A Conversation With Senator Mcclellan, G. Robert Blakey

Journal Articles

In any society, the government's ability to interfere with life, liberty or property is always open for full discussion. In this conversation, Professor Blakey discusses property in the context of organized and white-collar crime, in addition to criminal forfeiture, and frames his discussion around his work with Senator John McClellan on drafting the Organized Crime Control Act.

Semantic Cover For Age Discrimination: Twilight Of The Adea, Judith J. Johnson

Journal Articles

In 1967, Congress recognized that the number of displaced older people in the workforce was growing, due in large part to the problems older people were encountering in finding new jobs once displaced from a job of many years. In these times of corporate downsizing, older workers are particularly vulnerable to bearing the brunt of workforce reductions due to the fact that they are often "paid a little more because they have been with the company a little longer." As a result, since 1967 older workers have been protected from discrimination based on their age by the Age Discrimination in …

Law And Endangered Species: Is Survival Alone Cause For Celebration?, John Henry Schlegel

Journal Articles

No abstract provided.

A Maternalistic Approach To Surrogacy: Comment On Richard Epstein's Surrogacy: The Case For Full Contractual Enforcement, Margaret F. Brinig

Journal Articles

Many of the other participants in this Symposium have written extensively about surrogacy. Not only have they contributed to the debate, in some instances they have framed it. In some respects, therefore, I merely thank all of them and chime in. Unlike my fellow panelists, however, I do not think surrogacy merits an enthusiastic, positive response.

In this Comment, I propose to restate objections to specifically enforceable surrogacy contracts from a family-law perspective as well as from the philosophical or psychological roots of family law. I will then reexamine the problems of surrogacy from a contractarian, law-and-economics perspective, showing how …

Why Does The Church Have Law Schools?, Thomas L. Shaffer

Journal Articles

Why does the church have law schools?

The title I was given for this talk during the Marquette Conference of March, 1994, was "the mission of the religiously affiliated law school." The title raises the possibility that the church has a law school in order to carry out a mission. The church does not get its mission from the state or the civil community. The only workable meaning of the title I was given is that each of our law schools has a mission from God.

If the assignment of mission comes from the civil community or the state, the …