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Full-Text Articles in Law

A Suggestion On Suggestion, Richard D. Friedman, Stephen J. Ceci Jan 2001

A Suggestion On Suggestion, Richard D. Friedman, Stephen J. Ceci

Articles

Part I of the full article briefly describes the history and current slate of research into children's suggestibility. In this part, we argue that, although psychological researchers disagree considerably over the degree to which he suggestibility of young children may lead to false allegations of sexual abuse, there is an overwhelming consensus that children are suggestible to a degree that, we believe, must be regarded as significant. In presenting this argument, we respond to the contentions of revisionist scholars, particularly those recently expressed by Professor Lyon. We show that there is good reason to believe the use of highly suggestive …

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Free-Standing Due Process And Criminal Procedure: The Supreme Court's Search For Interpretive Guidelines, Jerold H. Israel Jan 2001

Free-Standing Due Process And Criminal Procedure: The Supreme Court's Search For Interpretive Guidelines, Jerold H. Israel

Articles

When I was first introduced to the constitutional regulation of criminal procedure in the mid-1950s, a single issue dominated the field: To what extent did the due process clause of the Fourteenth Amendment impose upon states the same constitutional restraints that the Fourth, Fifth, Sixth and Eighth Amendments imposed upon the federal government? While those Bill of Rights provisions, as even then construed, imposed a broad range of constitutional restraints upon the federal criminal justice system, the federal system was (and still is) minuscule as compared to the combined systems of the fifty states. With the Bill of Rights provisions …

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The Forgotten Trial Of Wyatt Earp, Steven Lubet Jan 2001

The Forgotten Trial Of Wyatt Earp, Steven Lubet

University of Colorado Law Review

No abstract provided.

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Book Review, David S. Tanenhaus Jan 2001

Book Review, David S. Tanenhaus

Scholarly Works

This ambitious book impressively chronicles forms of imprisonment in American history from Columbus’s crossing in 1492, with at least four convicts among his crew, to the rise of five hundred years later of a “prison-industrial complex,” which employs over half a million people and incarcerates more than one million others. According to Christianson, a former investigative reporter and gubernatorial aide who is now contributing editor of The Criminal Law Bulletin, director of the New York Death Penalty Documentation Project, and chairman of the Board of the Safer Society Foundation, With Liberty for Some “is a history of how we …

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Artists, Galleries And The Market: Historical Economic And Legal Aspects Of Artist-Dealer Relationships, Mark A. Reutter Jan 2001

Artists, Galleries And The Market: Historical Economic And Legal Aspects Of Artist-Dealer Relationships, Mark A. Reutter

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

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Hardball, Politics, And The Nlrb, Michael Ashley Stein Jan 2001

Hardball, Politics, And The Nlrb, Michael Ashley Stein

Faculty Publications

No abstract provided.

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Some Philosophical, Political And Legal Implications Of American Archeological And Anthropological Theory, John W. Ragsdale Jr Jan 2001

Some Philosophical, Political And Legal Implications Of American Archeological And Anthropological Theory, John W. Ragsdale Jr

Faculty Works

Archaeological and anthropological theories about the origins and practices of ancient peoples, and about events and histories, distant in time, but blending into the present, have had impacts that transcend the tenets and borders of the sciences as discrete disciplines. Our suppositions about the factual past can influence our present beliefs - not only our understandings and conclusions about the tangible and practical - but our feelings and faiths about the intangible and the spiritual as well. Our values, principles, world views, and cosmologies may thus be shaped by our scientific backdrop. Beyond this, our social activity, our national policy, …

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Underwood Law Library Newsletter, Vol. 12, No. 2 – Spring 2001, Southern Methodist University, Dedman School Of Law, Underwood Law Library Jan 2001

Underwood Law Library Newsletter, Vol. 12, No. 2 – Spring 2001, Southern Methodist University, Dedman School Of Law, Underwood Law Library

Law Library Newsletter (1989-2006)

No abstract provided.

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Underwood Law Library Newsletter, Vol. 13, No. 1 – Fall 2001, Southern Methodist University, Dedman School Of Law, Underwood Law Library Jan 2001

Underwood Law Library Newsletter, Vol. 13, No. 1 – Fall 2001, Southern Methodist University, Dedman School Of Law, Underwood Law Library

Law Library Newsletter (1989-2006)

No abstract provided.

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The Icc’S Jurisdiction Over The Nationals Of Non-Party States: A Critique Of The U.S. Position, Michael P. Scharf Jan 2001

The Icc’S Jurisdiction Over The Nationals Of Non-Party States: A Critique Of The U.S. Position, Michael P. Scharf

Law and Contemporary Problems

Scharf analyzes the validity of the US argument against the International Criminal Court's jurisdiction over the national of non-party states in the context of historic precedent and the principles underlying international criminal jurisdiction, and demonstrates that it is not the jurisdiction of the ICC over the nationals of nonparty states, but the US government's legal argument, which rests on shaky foundations. He also highlights the potential unintended repercussions of the current US legal position.

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Selected Conceptions Of Federalism: The Selective Use Of History In The Supreme Court's States' Rights Opinions, Lucian E. Dervan Jan 2001

Selected Conceptions Of Federalism: The Selective Use Of History In The Supreme Court's States' Rights Opinions, Lucian E. Dervan

Law Faculty Scholarship

In the period leading to the Civil War, debate over federalism and states’ rights developed into the seeds of a war that would forever change America. Over one hundred years later, the debate over federalism continues, unanswered by the blood of more than half a million soldiers. Over the last decade, the United States Supreme Court has increased state sovereignty and state immunity to levels unseen since the pre-Civil War period. The Court’s opinions are structured in a manner that relies significantly on historical methodologies. The multiple rationales used to structure the Justices’ arguments clash, and the Justices spar with …

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Rethinking The History Of American Freedom, Michael J. Klarman Oct 2000

Rethinking The History Of American Freedom, Michael J. Klarman

William & Mary Law Review

No abstract provided.

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Professor Waller's Un-American Approach To Antitrust, Robert H. Lande Oct 2000

Professor Waller's Un-American Approach To Antitrust, Robert H. Lande

All Faculty Scholarship

Professor Waller asks an un-American question - what can the United States antitrust program learn from the rest of the world? This question is un-American because we in the United States rarely look to others for advice. Besides, we invented antitrust and we were practically alone in the world in enforcing antitrust for almost a century. Only during the current generation have many other nations had active and vigorous antitrust programs. Moreover, the United States is in the business of exporting our accumulated century of antitrust wisdom through a wide variety of methods, and we revel in playing this role. …

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International Humanitarian Law From Agincourt To Rome, Theodor Meron Aug 2000

International Humanitarian Law From Agincourt To Rome, Theodor Meron

International Law Studies

No abstract provided.

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The History And Status Of The International Criminal Court, Howard Levie Aug 2000

The History And Status Of The International Criminal Court, Howard Levie

International Law Studies

No abstract provided.

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Kids Who Kill: A Critique Of How The American Legal System Deals With Juveniles Who Commit Homicide, Mirah A. Horowitz Jul 2000

Kids Who Kill: A Critique Of How The American Legal System Deals With Juveniles Who Commit Homicide, Mirah A. Horowitz

Law and Contemporary Problems

Horowitz looks at the reasons why juveniles commit homicides and suggests more effective ways for society to address the problem presented by child killers.

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German Mdps: Lessons To Learn, Laurel Terry Jun 2000

German Mdps: Lessons To Learn, Laurel Terry

Faculty Scholarly Works

This article is the third of four major articles or book chapters that I have written about MDPs. This article focuses on German multidisciplinary partnerships (MDPs) between lawyers and accountants. The German MDP experience is important because Germany is one of the few jurisdictions that expressly permits MDPs and because conferences about World Trade Organization's General Agreement on Trade in Services (the GATS) have cited to Germany when suggesting that other countries' MDP bans may be unnecessarily restrictive. After introducing common MDP regulatory issues, this article focuses on Germany. The article explains Germany's current regulation of MDPs and provides a …

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Salt History: Founding Of Salt, Jennifer Williamson, Michael Rooke-Ley Apr 2000

Salt History: Founding Of Salt, Jennifer Williamson, Michael Rooke-Ley

Founding of SALT

No abstract provided.

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Of Law, Lawlessness, And Sovereignty : Multinational Peacekeeping And International Law, Antje Mays Apr 2000

Of Law, Lawlessness, And Sovereignty : Multinational Peacekeeping And International Law, Antje Mays

Dacus Library Faculty Publications

Laws of war have been carefully defined by individual nations’ own codes of law as well as by supranational bodies. Yet the international scene has seen an increasing movement away from traditionally declared war toward multinational peacekeeping missions geared at containing local conflicts when perceived as potential threats to their respective regions’ political stability. While individual nations’ laws governing warfare presuppose national sovereignty, the multinational nature of peacekeeping scenarios can blur the lines of command structures, soldiers’ national loyalties, occupational jurisdiction, and raise profound questions as to which countries’ moral sense/governmental system is to be the one upheld. Historically increasingly …

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Franco's Spain, Queer Nation?, Gema Pérez-Sánchez Apr 2000

Franco's Spain, Queer Nation?, Gema Pérez-Sánchez

University of Michigan Journal of Law Reform

This Article discusses how, through its juridical apparatus, the Spanish dictatorship of Francisco Franco sought to define and to contain homosexuality, followed by examples of how underground queer activism contested homophobic laws. The Article concludes by analyzing a literary work to illustrate the social impact of Francoism's homophobic law against homosexuality.

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Querying A Queer Spain Under Franco, Peter Kwan Apr 2000

Querying A Queer Spain Under Franco, Peter Kwan

University of Michigan Journal of Law Reform

There should be more articles in the legal journals such as Professor Gema Pérez-Sánchez's. In Franco's Spain, Queer Nation?, Professor Pérez-Sánchez has done a great service to legal scholarship in four respects. Firstly, she has written an appropriately far-ranging piece. In a discipline that has as one of its central missions the broadening of critical legal discourse, LatCrit can sometimes appear to suffer from symptoms of parochialism in its understandable emphasis on the Latina/o experience within American borders, or on the experience of its Latina/o immigrants once they have reached these shores. To be sure, this is not a problem …

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Hegemony, Coercion, And Their Teeth-Gritting Harmony: A Commentary On Power, Culture, And Sexuality In Franco's Spain, Ratna Kapur, Tayyab Mahmud Apr 2000

Hegemony, Coercion, And Their Teeth-Gritting Harmony: A Commentary On Power, Culture, And Sexuality In Franco's Spain, Ratna Kapur, Tayyab Mahmud

University of Michigan Journal of Law Reform

Professor Gema Pérez-Sánchez's article, Franco's Spain, Queer Nation? focuses on the last years of Francisco Franco's fascist dictatorship and the early years of the young Spanish democracy, roughly from the late 1960's to the early 1980's. The centerpiece of her article looks at how, through law, Franco's regime sought to define and contain what it considered dangerous social behavior, particularly homosexuality. She traces how the state not only exercised hegemonic control over definitions of gender and sexuality, but also established well-defined roles for women and drew clear lines between what constituted legitimate and illegitimate sexualities, namely, the line between heterosexuality …

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The Clinton Administration And War Powers, Lori Fisler Damrosch Apr 2000

The Clinton Administration And War Powers, Lori Fisler Damrosch

Law and Contemporary Problems

Damrosch compares the record of the Clinton Administration with those of its predecessors, after first briefly locating US war powers practice in the context of crossnational comparisons. Pres Clinton has been more respectful of Congress's constitutional role than either Pres Reagan or Pres Bush, yet less successful in persuading Congress to exercise the responsibility that goes along with the claim of constitutional power.

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A History And Analysis Of The Federal Communications Commission’S Response To Radio Broadcast Hoaxes, Justin Levine Mar 2000

A History And Analysis Of The Federal Communications Commission’S Response To Radio Broadcast Hoaxes, Justin Levine

Federal Communications Law Journal

Courts have long held that the government can punish an individual for falsely shouting "Fire!" in a crowded theater. But what is a government agency to do when the venue is none other than a theater of the imagination heard throughout the nation? Ever since the broadcast of Orson Welles's War of the Worlds, the FCC has struggled to find a balance in preventing harmful broadcast hoaxes while still encouraging radio to develop vibrant, imaginative programming. What defines a hoax deemed harmful to the public interest versus one that constitutes mere playful entertainment? This Article details the major events and …

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Promises Past: Marcus Atilius Regulus And The Dialogue Of Natural Law, William R. Nifong Feb 2000

Promises Past: Marcus Atilius Regulus And The Dialogue Of Natural Law, William R. Nifong

Duke Law Journal

No abstract provided.

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Labor Rights, Globalization And Institutions: The Role And Influence Of The Organization For Economic Cooperation And Development, James Salzman Jan 2000

Labor Rights, Globalization And Institutions: The Role And Influence Of The Organization For Economic Cooperation And Development, James Salzman

Michigan Journal of International Law

This Article has four sections. The first recounts the history of the OECD, from its creation as the overseer of the Marshall Plan to its current prominence as global economic analyst, and explains its operations. The second section explores its influence on the development of labor rights, examining the well-known OECD Guidelines for Multinational Enterprises, publications on trade and labor by the Employment, Labor and Social Affairs Directorate, and the events surrounding South Korea's accession to the OECD. Each of these activities, though quite different from one another (and, in combination, very different from the activities of other IGOs), provided …

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Banking Regulation: Its History And Future, Jerry W. Markham Jan 2000

Banking Regulation: Its History And Future, Jerry W. Markham

Faculty Publications

This article traces the history of the growth and regulation of banking services in the United States. That history will show how the existing regulatory structure was developed in response to demands of the Civil War and a populist crusade against the “money trust.” That effort reached its zenith with the New Deal legislation of the 1930s, but began to fall apart as financial services consolidated. The article will then show how the financial services industries (banking, insurance, securities and derivatives) began to merge in their product base while at the same time separating on a fault line between institutional …

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A Human Rights Imperative: Extending Religious Liberty Beyond The Border, Nathan A. Adams Iv Jan 2000

A Human Rights Imperative: Extending Religious Liberty Beyond The Border, Nathan A. Adams Iv

Cornell International Law Journal

No abstract provided.

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Linking The Visions, Thomas A. Green Jan 2000

Linking The Visions, Thomas A. Green

Other Publications

Professor Thomas Green talks about his teaching and work.

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In Praise Of Thermostats, John W. Reed Jan 2000

In Praise Of Thermostats, John W. Reed

Other Publications

Fifty years ago, a famous book was published that chronicled the sea change then occurring in society. David Reisman's The Lonely Crowdl made us aware of the decline of concern for the common good and the rise of the search for individual meaning. What was going on at that time was one of the most profound cultural changes that has ever taken place in such a short time. It was not just the beginning of the Me Generation but, it turned out, the beginning of the Me Culture, which continues to this day.

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