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Articles 1 - 30 of 54
Full-Text Articles in Law
The Fitness Of Law: Using Complexity Theory To Describe The Evolution Of Law And Society And Its Practical Meaning For Democracy, J. B. Ruhl
Vanderbilt Law Review
Why does law change, and how does that process unfold? In this Article, Professor Ruhl examines those questions using tools from the emerging field of Complexity Theory. Complexity Theory involves the study of change in dynamical systems. Its findings of unpredictable change in a variety of natural and social settings have profoundly effected the theoretical foundations of many fields of study. In particular, Complexity Theory has revisited the Darwinist theory of biological evolution and used it as a platform for developing a general theory of system evolution that focuses on the concept of fitness landscapes. The fitness, or sustainability, of …
Negotiating Demands For Justice: Public Interest Law As A Problem Solving Dialogue, David Dominguez
Negotiating Demands For Justice: Public Interest Law As A Problem Solving Dialogue, David Dominguez
In the Public Interest
No abstract provided.
Juror Delinquency In Criminal Trials In America, 1796-1996, Nancy J. King
Juror Delinquency In Criminal Trials In America, 1796-1996, Nancy J. King
Michigan Law Review
This article examines two aspects of the jury system that have attracted far less attention from scholars than from the popular press: avoidance of jury duty by some citizens, and misconduct while serving by others. Contemporary reports of juror shortages and jury dodging portray a system in crisis. Coverage of recent high-profile cases suggests that misconduct by jurors who do serve is common. In the trial of Damian Williams and Henry Watson for the beating of Reginald Denny, a juror was kicked off for failing to deliberate; Exxon, Charles Keating, and the man accused of murdering Michael Jordan's father all …
Commentary: Re-Positioning Human Rights Discourse On "Asian" Perspectives, Sharon K. Hom
Commentary: Re-Positioning Human Rights Discourse On "Asian" Perspectives, Sharon K. Hom
Buffalo Journal of International Law
No abstract provided.
Was There Sex Before Calvin Klein?, Linda R. Hirshman
Was There Sex Before Calvin Klein?, Linda R. Hirshman
Washington and Lee Law Review
No abstract provided.
Whose Justice? Which Victims?, Lynne Henderson
Whose Justice? Which Victims?, Lynne Henderson
Michigan Law Review
A Review of George Fletcher, With Justice for Some: Victim's Rights in Criminal Trials
The Real Ethic Of Death And Dying, Norman L. Cantor
The Real Ethic Of Death And Dying, Norman L. Cantor
Michigan Law Review
A Review of Peter Singer, Rethinking Life and Death
Measuring Poverty: A New Approach, Benjamin Hoorn Barton
Measuring Poverty: A New Approach, Benjamin Hoorn Barton
Michigan Law Review
A Review of Measuring Poverty: A New Approach by The National Research Council.
The Rooster's Egg: On The Persistence Of Prejudice, Elise M. Bruhl
The Rooster's Egg: On The Persistence Of Prejudice, Elise M. Bruhl
Michigan Law Review
A Review of Patricia J. Williams, The Roosters' Egg: On the Persistence of Prejudice
An "Age Of [Im]Possibility": Rhetoric, Welfare Reform, And Poverty, Lisa A. Crooms
An "Age Of [Im]Possibility": Rhetoric, Welfare Reform, And Poverty, Lisa A. Crooms
Michigan Law Review
A Review of Joel F. Handler, The Poverty of Welfare Reform and Mark Robert Rank, Living on the Edge: The Realities of Welfare in America
Remarks: Address By The Honorable J. Joseph Curran, Jr., Attorney General, State Of Maryland , J.Joseph Curran Jr.
Remarks: Address By The Honorable J. Joseph Curran, Jr., Attorney General, State Of Maryland , J.Joseph Curran Jr.
American University Law Review
No abstract provided.
Foreword: Never Again, Franklin D. Cleckley
Foreword: Never Again, Franklin D. Cleckley
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Reaffirming Affirmative Action We've Come A Long Way, But Not Far Enough, Cynthia R. Mabry
Reaffirming Affirmative Action We've Come A Long Way, But Not Far Enough, Cynthia R. Mabry
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
A Feminist Theory Of Malebashing, Susan H. Williams, David C. Williams
A Feminist Theory Of Malebashing, Susan H. Williams, David C. Williams
Michigan Journal of Gender & Law
The concern about feminist "malebashing" is increasingly common, inside the university and out, but unfortunately, because of the emotions involved, most discussions of malebashing generate more confusion than understanding. When feminists say negative things about men, they often speak in anger and perhaps fear. When men respond, they are often angry, defensive, and perhaps hurt. While this confusion may be understandable, it is still counter-productive. The dialogue is plagued by a failure to answer with precision or rigor the most basic questions about this subject: What is "malebashing," i.e., illegitimate negative statements about men, and how is it different from …
Political Lawyering, One Person At A Time: The Challenge Of Legal Work Against Domestic Violence For The Impact Litigation/Client Service Debate, Peter Margulies
Political Lawyering, One Person At A Time: The Challenge Of Legal Work Against Domestic Violence For The Impact Litigation/Client Service Debate, Peter Margulies
Michigan Journal of Gender & Law
The premise of this Article is that, in his assertion that client service work is political lawyering, Ralph Reed is right. Indeed, Gary Bellow made a similar point about the political content of both impact litigation and client service work in a classic article written almost twenty years ago. Of course, Reed and Bellow are hardly ideological soulmates. Reed disapproves of the political content of service work, while Bellow heartily endorses it. On that point, this Article sides with Bellow. It employs the example of domestic violence lawyering to demonstrate why Bellow and Reed are correct that client service work …
Innocent Spouses, Reasonable Women And Divorce: The Gap Between Reality And The Internal Revenue Code, Stephen A. Zorn
Innocent Spouses, Reasonable Women And Divorce: The Gap Between Reality And The Internal Revenue Code, Stephen A. Zorn
Michigan Journal of Gender & Law
This Article asks whether the "reasonable woman" should become the standard for women seeking relief from tax liabilities under the innocent spouse provision of the I.R.C. and whether an even more specific standard should be adopted for women who are also going through divorce or are in similar situations.
The Role Of Legal Rhetoric In The Failure Of Democratic Change In China, Joseph W. Dellapenna
The Role Of Legal Rhetoric In The Failure Of Democratic Change In China, Joseph W. Dellapenna
Buffalo Journal of International Law
No abstract provided.
Genetically Engineered Plant Pesticides: Recent Developments In The Epa's Regulation Of Biotechnology, Mary Jane Angelo
Genetically Engineered Plant Pesticides: Recent Developments In The Epa's Regulation Of Biotechnology, Mary Jane Angelo
University of Florida Journal of Law & Public Policy
No abstract provided.
The Dangers Of Misappropriation: Misusing Martin Luther King, Jr.'S Legacy To Prove The Colorblind Thesis, Ronald Turner
The Dangers Of Misappropriation: Misusing Martin Luther King, Jr.'S Legacy To Prove The Colorblind Thesis, Ronald Turner
Michigan Journal of Race and Law
This Article focuses on one particular aspect of the colorblind thesis: the misuse of Martin Luther King, Jr.'s image and legacy by liberals, neoliberals, conservatives, and neoconservatives "who cheaply invoke Dr. King's words even as they kill the substance and spirit of his radical message." The campaign supporting the adoption of Proposition 209, the California Civil Rights Initiative ("CCRI"), directly illustrates the misappropriation of King's legacy. Supporters of this anti-affirmative action proposal which calls for racial neutrality and a colorblind America, regularly invoked King's name, suggesting that he would have embraced such a measure. The California Republican Party prepared a …
Of Seeds And Shamans: The Appropriation Of The Scientific And Technical Knowledge Of Indigenous And Local Communities, Naomi Roht-Arriaza
Of Seeds And Shamans: The Appropriation Of The Scientific And Technical Knowledge Of Indigenous And Local Communities, Naomi Roht-Arriaza
Michigan Journal of International Law
This article recasts the debates over access to, and control over, genetic and biological knowledge and resources in terms of the appropriation of indigenous and local communities' knowledge and resources. It first discusses recent examples of appropriation as currently conducted by global biotechnology, pharmaceutical, and agribusiness corporations and their associates in Northern universities, seed and gene banks, and research centers. Second, it describes and exposes the mechanisms of appropriation by focusing on the limited and culturally determined definitions of what is "wild" as opposed to "cultivated," what is "knowledge" and who can possess it, and what are "innovations" and "inventions." …
Washington Defendants' New Right Of Pre-Trial Flight, Christopher T. Igielski
Washington Defendants' New Right Of Pre-Trial Flight, Christopher T. Igielski
Seattle University Law Review
Certainly, it is only by disregarding the "victim's rights" that one can begin to fathom the Washington Supreme Court's decision in State v. Jackson. This decision reversed the conviction of a man who raped his four-year-old niece on Christmas Eve in 1979, causing her to contract gonorrhea. Following his arraignment, Jackson fled and failed to appear at his trial. After attempts to locate Jackson failed, a trial was held in absentia' and he was found guilty of rape, with sentencing suspended pending his return to custody. Jackson evaded the law for nearly thirteen years.'0 Shortly after his eventual capture …
Regulatory Sins Versus Market Legacies: A Short Reply To Mr. Leech, 29 J. Marshall L. Rev. 617 (1996), Richard A. Epstein
Regulatory Sins Versus Market Legacies: A Short Reply To Mr. Leech, 29 J. Marshall L. Rev. 617 (1996), Richard A. Epstein
UIC Law Review
No abstract provided.
The Presumption Of Innocence: Patching The Tattered Cloak After Maryland V. Craig., Ralph H. Kohlmann
The Presumption Of Innocence: Patching The Tattered Cloak After Maryland V. Craig., Ralph H. Kohlmann
St. Mary's Law Journal
Over one hundred years ago, the United States Supreme Court recognized the importance of the presumption of innocence in a criminal justice system which is based on due process. The Court declared the presumption of innocence is “the undoubted law, axiomatic, and elementary, and its enforcements lies at the foundation … of our criminal law.” The Court’s changing view of the Sixth Amendment’s Confrontation Clause is the most recent contribution to the reduction in the practical value of the presumption of innocence. In Maryland v. Craig, the Court decided that while face-to-face confrontation forms the core of values furthered in …
Texas Private Real Property Rights Preservation Act: A Political Solution To The Regulatory Takings Problem Comment., George E. Grimes Jr.
Texas Private Real Property Rights Preservation Act: A Political Solution To The Regulatory Takings Problem Comment., George E. Grimes Jr.
St. Mary's Law Journal
Increasing environmental regulation has resulted in an antiregulation backlash and the growth of a property rights movement. Unable to successfully use the courts to protect private property from diminution in value due to government regulations, property rights advocates have looked to the federal and state legislatures for assistance. This has led to some states and the United States Congress to introduce private property rights protection. This protection generally takes one of two forms. The first requires the government to assess the possible effect on property rights before enacting regulations. The second requires the government to compensate property owners for the …
Speaking The Language Of Exclusion: How Equal Protection And Fundamental Rights Analyses Permit Language Discrimination Comment., Donna F. Coltharp
Speaking The Language Of Exclusion: How Equal Protection And Fundamental Rights Analyses Permit Language Discrimination Comment., Donna F. Coltharp
St. Mary's Law Journal
In the summer of 1995, the en banc Texas Court of Criminal Appeals in Flores v. State upheld a lower court’s ruling to give a drunk-driving (DWI) offender a year in prison as opposed to probation. The trial judge denied the defendant probation due to his inability to speak English. The county in which the defendant was arrested and convicted did not provide a DWI rehabilitation program in Spanish, leading the judge to determine the defendant would not benefit from probation. In his appeal, Mr. Flores claimed the lower court violated his equal protection and due process rights under the …
Same-Sex Harassment - The Next Step Up In The Evolution Of Sexual Harassment Law Under Title Vii Comment., Regina L. Stone-Harris
Same-Sex Harassment - The Next Step Up In The Evolution Of Sexual Harassment Law Under Title Vii Comment., Regina L. Stone-Harris
St. Mary's Law Journal
Women sexually harassed by male co-workers are protected by Title VII of the Civil Rights Act. Yet, men are not protected because the federal courts in the Fifth Circuit do not protect men who are sexually harassed by other men. Male victims of sexual harassment are protected if they live in another district which does offer Title VII protection to same-sex victims. But should geography dictate protection? The federal courts are currently split as to whether a claim of sexual harassment between members of the same gender is actionable under Title VII of the Civil Rights Act. In the absence …
An Economic Analysis Of The Death Penalty, Martin Kasten
An Economic Analysis Of The Death Penalty, Martin Kasten
University Avenue Undergraduate Journal of Economics
From an economic perspective, society should only use capital punishment if the marginal benefits outweigh the marginal costs. In the course of analyzing the economic efficiency of capital punishment, and before providing any recommendations, both the benefits and costs of the death penalty must be evaluated. Since the death penalty has been implemented for centuries, many people believe its benefits outweigh its costs. The evaluation of benefits in Part II will be compared to the costs assessed in Part III to determine if this long held assertion is correct.
The Color Of Truth: Race And The Assessment Of Credibility, Sheri Lynn Johnson
The Color Of Truth: Race And The Assessment Of Credibility, Sheri Lynn Johnson
Michigan Journal of Race and Law
This article will address specifically the relationship between race and credibility in legal cases, while acknowledging that broader bias issues are often, though sometimes imperceptibly, intertwined in racially biased credibility determinations. Part I will survey race and credibility issues that have arisen in courts, with particular focus on two modern habeas corpus cases. Part II will summarize the legal rules that presently regulate racially influenced assessments of credibility; it may surprise some readers to realize that there is no established mechanism for challenging racially biased credibility determinations. Part I will propose some standards for determining when race is permissibly used …
The Social Construction Of Identity In Criminal Cases: Cinema Verité And The Pedagogy Of Vincent Chin, Paula C. Johnson
The Social Construction Of Identity In Criminal Cases: Cinema Verité And The Pedagogy Of Vincent Chin, Paula C. Johnson
Michigan Journal of Race and Law
This article will discuss the use of the film, Who Killed Vincent Chin?, as a method: (1) to analyze the relationship of social constructions of identity, particularly race, on the rules and discretionary application of criminal jurisprudence; (2) to provide an interactive pedagogical tool for law teachers, especially criminal law teachers, to examine the social contexts of criminal jurisprudence from multiple perspectives; and (3) to examine the ability of criminal law doctrine to address issues of race.
Race Discourse And Proposition 187, John Sw Park
Race Discourse And Proposition 187, John Sw Park
Michigan Journal of Race and Law
Proposition 187 inspired a visceral public discourse. Proponents and opponents of the measure discussed several themes important to contemporary political theory, particularly themes related to sovereignty and civil rights. This Note shows how participants in that debate-including people of color-spoke of "rights" in a way that denied the possibility for undocumented aliens to have rights. When citizens spoke, they did so in a way that implicitly linked rights to citizenship; in other words, they assumed that without citizenship, persons were not entitled to rights or rights-based claims. Ironically, the debate about Proposition 187 pointed to the achievements of a "civil …