Law Commons^™

Protecting Privacy From Technological Intrusions, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

The Mechanisms Of Control, Deborah A. Demott

Faculty Scholarship

No abstract provided.

The Democratic Deficit In European Community Rulemaking: A Call For Notice And Comment In Comitology, Francesca E. Bignami

Faculty Scholarship

Parliamentary democracy is the dominant paradigm in the European Community's democratic deficit debate.

Stepping Into The Same River Twice: Rapidly Changing Facts And The Appellate Process, Stuart M. Benjamin

Faculty Scholarship

No abstract provided.

Inadvertent Disclosure Of Priveleged Information And The Law Of Mistake: Using Substantive Legal Principles To Guide Ethical Decision Making, Trina Jones

Faculty Scholarship

No abstract provided.

Do State Religious Freedom Restoration Acts Violate The Establishment Clause Or Separation Of Powers?, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

On The Political Economy Of Global Environmental Regulation, Jonathan B. Wiener

Faculty Scholarship

No abstract provided.

The Bard And The Bench: An Opinion And Brief Writer's Guide To Shakespeare, Robert Peterson

Faculty Publications

This work is a legal brief writer's and opinion drafter's guide to Shakespeare. It collects and catalogues by topic citations to plays, poems, or passages that are actually found in judicial opinions. This essay also suggests a few uncited orphans deserving a home in brief or opinion. The catalogue is web based; the reader may search it in its electronic format or download it for old-fashioned browsing.

Who’S Afraid Of Thomas Cromwell?, H. Jefferson Powell

Faculty Scholarship

No abstract provided.

The Obsolescence Of The United States Courts Of Appeals: Roscoe Pound’S Structural Solution, Paul D. Carrington

Faculty Scholarship

No abstract provided.

Russian Nuclear Dumping: The Environmental Dimension, Lakshman D. Guruswamy, Jason B. Aamodt

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Separating Equals: Educational Research And The Long-Term Consequences Of Sex Segregation, Nancy Levit

Faculty Works

The article imports into the legal literature for the first time the full range of single sex education research, from this country and others, and examines sociological research that has been omitted from the debate. Rarely do proponents consider what educational and social effects sex-exclusive schooling will have on boys. Rarer still is any consideration of the effect of educational segregation in a society that is already relentlessly segregated by sex.

While the educational research regarding the efficacy of single sex schools is mixed at best, the sociological research is absolutely clear that separation on the basis of identity characteristics …

Face-Ing The Other: An Ethics Of Encounter And Solidarity In Legal Services Practice, Marie Failinger

Faculty Scholarship

In this article, the author proposes that those who work in any capacity with impoverished clients and embattled minority communities imagine practice from within Levinas' key images. First, that ethics is first philosophy - that knowledge of the self, the Other and the context in which ethical action is possible does not precede ethical understanding, decision-making and action, but that rather that we become human in the ethical encounter with the incommensurable Other. Second, that representing a client is in each moment an encounter with the face of the Other. We look up into the face of the Other calling …

Four Models Of The Criminal Process, Kent Roach

Journal of Criminal Law and Criminology

No abstract provided.

Denying Fifth Amendment Protections To Witnesses Facing Foreign Prosecutions: Self-Incrimination Discrimination, Steven J. Winger

Journal of Criminal Law and Criminology

No abstract provided.

A Law Enforcement Program For The State Of Illinois, Earl H. De Long, Fred E. Inbau

Journal of Criminal Law and Criminology

No abstract provided.

Public Safety V. Individual Civil Liberties: The Prosecutor's Stand, Fred E. Inbau

Journal of Criminal Law and Criminology

No abstract provided.

Playing God: 5 To 4 (The Supreme Court And The Police), Fred E. Inbau

Journal of Criminal Law and Criminology

No abstract provided.

Technical Appendix

Journal of Criminal Law and Criminology

No abstract provided.

Liberty Interested In The Preventive State: Procedural Due Process And Sex Offender Community Notification Laws, Wayne A. Logan

Journal of Criminal Law and Criminology

No abstract provided.

Police Interrogation--A Practical Necessity, Fred E. Inbau

Journal of Criminal Law and Criminology

No abstract provided.

Reforming American Penal Law, Markus Dirk Dubber

Journal of Criminal Law and Criminology

No abstract provided.

Writing And Reading In Philosophy, Law, And Poetry, James Boyd White

Book Chapters

In this paper I will treat a very general question, the nature of writing and what can be achieved by it, pursuing it in the three distinct contexts provided by philosophy, law, and poetry.

My starting-point will be Plato's Phaedrus, where, in a wellknown passage, Socrates attacks writing itself: he says that true philosophy requires the living engagement of mind with mind of a kind that writing cannot attain. Yet this is obviously a paradox, for Socrates' position is articulated and recorded by Plato in writing. How then can we make sense of what Plato is saying and doing? What …

Commercial Speech, Professional Speech, And The Constitutional Status Of Social Institutions, Daniel Halberstam

Articles

Current First Amendment analysis lacks a coherent view of speech in the professions. Classic cases address the street-comer orator, lone pamphleteer, newspaper editor, broadcaster, cable operator, public employee, grant recipient, vendor, corporation, and, most recently, Internet content provider. And an abundance of theory accompanies these speakers along the way. Although some of these actors may be professionals, both theory and practice generally meet their roles as members of a profession with silence. Despite the century-old recognition of the regulation of professions, we still have, for example, no paradigm for the First Amendment rights of attorneys, physicians, or financial advisers when …

Sincere And Strategic Voting Norms On Multimember Courts, Evan H. Caminker

Articles

In appellate adjudication, decisions are rendered by a multimember court as a collective entity, not by individual judges. Yet legal scholars have only just begun to explore the formal and informal processes by which individual votes are transformed into a collective judgment.' In particular, they have paid insufficient attention to the ways in which the vote of each individual judge is influenced by the views of her colleagues on a multimember court.

Making Something Out Of Nothing: The Law Of Takings And Phillips V. Washington Legal Foundation, Michael A. Heller, James E. Krier

Articles

Phillips v. Washington Legal Foundation held that interest on principal amounts deposited into IOLTA accounts is the property of the various clients who handed over the money but expressed no view as to whether the Texas IOLTA program worked a taking, or, if it did, whether any compensation was due. The debates among the justices about the meaning of private property, argued in terms of contextual and conceptual severance, are unlikely to prove fruitful. We elaborate a better approach in terms of the underlying purposes of just compensation. We conclude that efficiency and justice are best served by uncoupling matters …

Justification By Faith, Carl E. Schneider

Articles

In June 1997 a sixteen-year-old girl named Shannon Nixon began to feel ill. Her parents belonged to the Faith Tabernacle Church, one of a number of American sects which believe that illness should be treated spiritually rather than medically. Accordingly, the Nixons prayed for Shannon and took her to be anointed at their church. Shannon reported that she felt better and that the spiritual treatment had gained her her victory-her recovery. Before long, however, Shannon again felt ill. She became weaker and weaker and then fell into a coma. A few hours later she died. An autopsy revealed that she …

Narrative Relevance, Imagined Juries, And A Supreme Court Inspired Agenda For Jury Research, Richard O. Lempert

Articles

This paper has its roots in Old Chief v. United States, a case the Supreme Court of the United States decided in 1997. I will begin by describing this case; then comment on its implications for the Supreme Court's conception of the jury, and conclude by examining the agenda one may draw from it for empirical jury research. Old Chief arose when Johnny Lynn Old Chief was charged not only with assault with a dangerous weapon and using a firearm in the commission of a crime of violence, but also with violating a law that precludes convicted felons from possessing …

Near Misses, William I. Miller

Articles

I was recently invited to give a keynote address for a small academic conference whose advertised theme was "Near Misses, Contingencies, and Histories." I have a rough and ready understanding of the near miss, the same kind of understanding we have of most words and phrases that spill out effortlessly in normal conversation. I use it and have heard it used by myriad others to describe a certain style of disappointment and regret. It is a concept generally available to us all, but when coupled with contingencies and histories, as in the title of the conference with its vague suggestions …

Family Law And Gay And Lesbian Family Issues In The Twentieth Century, David L. Chambers, Nancy D. Polikoff

Articles

Over these thirty years, lesbians and gay men have increasingly challenged conventional definitions of marriage and the family. In this brief article, we tell the story of gay people and family law in the United States across this period. We divide our discussion into two sections: issues regarding the recognition of the same-sex couple relationship and issues regarding gay men and lesbians as parents. These issues overlap, of course, but since family law discussions commonly treat adult-adult issues of all sorts separately from parent-child issues, we believe it convenient and helpful to do so as well.