Jurisprudence Commons^™

A Plea For Help: Pleading Problems In Section 1983 Municipal Liability Claims, Evan S. Schwartz

Touro Law Review

No abstract provided.

Mastery, Slavery, And Emancipation, Guyora Binder

Journal Articles

Hegel's dialectic of master and slave in the Phenomenology of Mind portrays a master unable to win genuine recognition from a slave because unwilling to confer it. The dialectic implies that freedom has to be conceived as association based on mutual respect, rather than independence. This article offers a communitarian interpretation of emancipation inspired by Hegel's dialectic of master and slave. It proceeds from an account of slave society which, like Hegel's dialectic, equates slavery with the denial of social recognition. This account argues that the experience of slave society led both the masters and the slaves to conceive of …

The Movement To Assimilate The American Indians: Jurisprudential Study, John W. Ragsdale Jr

Faculty Works

In 1934, the United States made a revolutionary shift in Indian policy. Laws were passed that ended most assimilation measures and began, instead, a preservation and promotion of tribalism. Why did this happen? What changes in American thought, politics and economy could precipitate such a reversal? Felix Cohen, a former special assistant to the Attorney General, and known as the "Blackstone of American Indian Law," noted: "Like the miner's canary, the Indian marks the shifts from fresh air to poison gas in our political atmosphere; and our treatment of Indians, even more than our treatment of other minorities, reflects the …

Section 1983, Martin A. Schwartz, Honorable George C. Pratt, Leon Friedman

Touro Law Review

No abstract provided.

Sexism, Language, And The Law, Mary Ellen Griffith

West Virginia Law Review

No abstract provided.

Surrogate Parenting After Baby M: The Ball Moves To The Legislature’S Court, John R. Dunne, Gregory V. Serio

Touro Law Review

No abstract provided.

Johnson V. Transportation Agency: The United States Supreme Court Weighs Statistical Imbalance In Favor Of Affirmative Action, 21 J. Marshall L. Rev. 593 (1988), Denise C. Hockley-Cann

UIC Law Review

No abstract provided.

Privatization Of Prisons: An Analysis Of The State Action Requirement Of The Fourteenth Amendment And 42 U.S.C. § 1983, Ira Robbins

Scholarly Articles in Law Reviews & Journals

Introduction: The privatization of prisons raises important issues with respect to liability in suits brought by inmates. If a private company operates the prison, the state likely will be directly involved in some aspects of prison life, such as using force when necessary or making quasi-judicial decisions, but it may not be directly involved in the day-to-day operation of the institution. This dichotomy of involvement may lead to con- fusion over responsibility and accountability when a violation of rights is alleged to have occurred. When a private party, as opposed to a government employee, is charged with abridging rights guaranteed …

The White House Report: Information On Judge Bork's Qualifications, Judicial Record & Related Subjects

Cardozo Law Review

No abstract provided.

Excluded Voices: New Voices In The Legal Profession Making New Voices In The Law, Carrie Menkel-Meadow

University of Miami Law Review

No abstract provided.

Reflections On The Significance Of The Sex/Gender System: Divorce Law Reform In New York, Isabel Marcus

University of Miami Law Review

No abstract provided.

The Role Of Liberal Political Culture In The Construction Of Middle America, Allen Hunter

University of Miami Law Review

No abstract provided.

The Construction Of Social Problems As Buttresses Of Inequalities, Murray Edelman

University of Miami Law Review

No abstract provided.

Rape As A Legal Symbol: An Essay On Sexual Violence And Racism, Kristin Bumiller

University of Miami Law Review

No abstract provided.

Spirit-Murdering The Messenger: The Discourse Of Fingerpointing As The Law's Response To Racism, Patricia Williams

University of Miami Law Review

No abstract provided.

Do The United States Sentencing Guidelines Deprive Defendants Of Due Process?, Bradford Mank

Faculty Articles and Other Publications

It is difficult to determine whether due process requires individualized sentencing because sentencing goals and practices have varied greatly during the course of this nation's history. A court applying Judge Bork's original intent doctrine of constitutional interpretation would probably reach a result different from that reached by a court employing a more liberal view of due process protections.1o It is likely that liberals and conservatives on the current Supreme Court would disagree on whether the Guidelines violate due process.

This article argues that the Guidelines can be saved and can satisfy due process requirements if the Supreme Court interprets the …

California Federal Savings & (And) Loan Association V. Guerra: Supreme Court Affirms California's Efforts To Accommodate Pregnancy In Fair Employment Laws, 21 J. Marshall L. Rev. 181 (1987), Judith Gallo

UIC Law Review

No abstract provided.

Securing Justice: A Response To William Bradford Reynolds, Michael A. Middleton

Faculty Publications

I doubt that William Bradford Reynolds would disagree that the self evident truths the Framers of the Declaration of Independence spoke about are as applicable today in the 1980's as they were over 200 years ago. I also doubt that Mr. Reynolds would disagree that despite the fact that black people were not considered human beings when the Constitution was framed, the fourteenth amendment to that great document was intended to bring them within the ambit of its protections. On these two basic propositions, I suspect, Mr. Reynolds and I would agree. Beyond that however, Mr. Reynolds advances a fundamentally …

The Judge, Marianne Wesson

Publications

No abstract provided.

On Complaining About The Burger Court, Robert F. Nagel

Publications

No abstract provided.

Section 1983: Doctrinal Foundations And An Empirical Study, Theodore Eisenberg

Cornell Law Faculty Publications

The Theory Of Adjudication And The Task Of The Great Judge, David A.J. Richards

Cardozo Law Review

No abstract provided.

The Warren Court And Desegregation, Robert L. Carter

Michigan Law Review

When Chief Justice ·warren assumed his post in October 1953, the underpinnings of the "separate but equal" concept had become unmoored beyond restoration. Full-scale argument on the validity of apartheid in public education was only weeks away, and the portent of change in the constitutional doctrine governing American race relations was unmistakable. Although the groundwork had been carefully prepared for the Chief Justice's announcement in Brown v. Board of Education that fundamental principles forbade racial segregation in the nation's public schools, the decision, when it was delivered on :May 17, 1954, was more than a break with the past. In …

The Ascertainment Of State Law In Diversity Cases

Indiana Law Journal

No abstract provided.

Hyneman: The Supreme Court On Trial, William W. Van Alstyne

Michigan Law Review

A Review of The Supreme Court on Trial. By Charles S. Hyneman

Book Reviews, Joseph Trachtman, Philip A. Trautman, Arthur Larson, A. Kenneth Pye, Walter F. Murphy, Norman Redlich, Leroy Kahn, Edwin W. Patterson, Frederick M. Hart, Curtis J. Berger, Wallace R. Bennett, W. W. Patterson

Journal of Legal Education

No abstract provided.

The Supreme Court-October 1959 Term, Bernard Schwartz

Michigan Law Review

A country's constitutional law is but a reflection of its political, economic, and social life. Not unnaturally, the external conditions of any particular period are bound to have their effects in the legal sphere as well-especially in the field of public law. This is as true of the United States as it is of other countries. From this point of view, the constitutional jurisprudence of the American Supreme Court is only the juristic mirror of the different stages through which American history has passed. 'Our jurisprudence is distinctive,' said Justice Jackson on the 150th anniversary of the Supreme Court, 'in …

Federal Civil Rights Legislation And The Constitution, Frank K. Sloan

South Carolina Law Review

No abstract provided.