Legal Writing and Research Commons^™

Chapter 15: Parental Rights

Women's Annotated Legal Bibliography

Child Kidnapping — p. 121

Education — p. 123

Termination of Rights — p. 124

Unwed Fathers — p. 125

General — p. 126

Chapter 16: Rape

Women's Annotated Legal Bibliography

No abstract provided.

Chapter 17: Surrogacy

Women's Annotated Legal Bibliography

No abstract provided.

Chapter 18: Tort Actions

Women's Annotated Legal Bibliography

Fetal Rights — p. 141

Parental Negligence — p. 142

Wrongful Pregnancy — p. 143

Wrongful Birth — p. 143

General — p. 144

Chapter 19: Miscellaneous

Women's Annotated Legal Bibliography

No abstract provided.

That's Just The Way It Is: Langille On Law, Allan C. Hutchinson

Articles & Book Chapters

This article is a defence of the sceptical critique of the legitimacy of law and adjudication. It is a direct reply to the arguments of Professor Brian Langille, whose article "Revolution Without Foundation: The Grammar of Scepticism and Law" appeared in Volume 33 of this Journal. In that article, Langille defended the viability of law, legal discourse and legal critique primarily by attacking the claim that scepticism based on the "indeterminacy of language" can be grounded in the philosophy of Ludwig Wittgenstein. Professor Hutchinson concentrates his spirited response on the indeterminacy of language. He contends that law fails to meet …

Book Review Of Annuals And Surveys Appearing In Legal Periodicals: An Annotated Listing, James S. Heller

Library Staff Publications

No abstract provided.

A Critical Legal Studies Perspective On Contract Law And Practice, Girardeau A. Spann

Georgetown Law Faculty Publications and Other Works

The critical legal studies movement is often viewed as highly theoretical, characterized by impenetrable scholarship that makes frequent reference to the work of"famous dead Europeans." Indeed, the theoretical detachment of critical legal studies from real-world concerns has led some to speculate that the methodologies of the movement are so abstract and stylized that they could be used to deny the validity of distinctions that we commonly rely upon in everyday life-even something as basic as the distinction between up and down. Given the level of abstraction at which most critical legal studies analysis occurs, one might wonder why a critical …

Land Tenure In The Pacific: The Context For Native Hawaiian Land Rights, Charles F. Wilkinson

Publications

No abstract provided.

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

Lessons From A Writing Audit, Tom Goldstein, Jethro K. Lieberman

Articles & Chapters

No abstract provided.

The Field Of Public Land Law -- A Ten-Year Retrospective, Charles F. Wilkinson

Publications

No abstract provided.

Missing Pieces: A Cognitive Approach To Law, Pierre Schlag

Publications

No abstract provided.

In Praise Of Student-Edited Law Reviews: A Reply To Professor Dekanal, John Paul Jones

Law Faculty Publications

Prof. Jones responds to a previous writer's arguments that the student-edited law review be replaced by journals edited by law faculty members. He argues that there are not enough willing faculty editors and staff members to sustain the present number and production rate of law journals.

Punitive Damages: Introduction And Synopsis, Harold See

Law Faculty Scholarship

An introduction and synopsis of the 1989 symposium on punitive damages sponsored by the University of Alabama School of Law and the Alabama Law Review.

Punitive Damages: A Supporting Theory, Harold See

Law Faculty Scholarship

Scholarly opinion overwhelmingly opposes the trend toward truly punitive damages. If Lord Keynes's observation is correct, then damages intended to punish are, after only a brief maturity, condemned to pass away. The winds of the popular and judicial summer will carry them off because there is no hedgerow of theory to break that wind and hold them fast.

Handbook On Virginia Civil Procedure, A Guide To Legal Research In Virginia, Gail Starling Marshall, Steven D. Hinckley

University of Richmond Law Review

Professor Bryson's Handbook on Virginia Civil Procedure ("Handbook") which is now out in an expanded second edition, was written as an introduction to Virginia civil procedure for the students who study with him at the T.C. Williams School of Law at the University of Richmond. However, it will find an appreciative audience among two other distinct and occasionally overlapping groups of readers: active litigators who seek a ready reference on Virginia's civil-law procedures and practices, and legal history buffs who enjoy an excursus on the Anglo-American antecedents of Virginia's sometimes unique approach to civil litigation.

Legal Theory And Linguistic Reality: A Critical Examination Of Modern Legal Scholarship, Marin Roger Scordato

Scholarly Articles

To establish a starting point for the analysis, I begin by identifying and discussing the possible functions served by scholarship in a legal environment defined by the classic jurisprudence of natural law. I then consider the intellectual challenge posed to natural law jurisprudence by the modern Legal Realist movement and the consequences of that challenge for legal scholarship in particular. Lastly, I attempt to characterize the mainstream of current legal scholarship as a series of variations on two very basic intellectual responses to the modern Realist critique of established legal process and traditional legal scholarship.

Table Of Contents

Touro Law Review

No abstract provided.

Table Of Contents

Touro Law Review

No abstract provided.

Affirmative Action On Law Reviews: An Empirical Study Of Its Status And Effect, Frederick Ramos

University of Michigan Journal of Law Reform

This Note discusses the issues involved in affirmative action on law reviews. Part I examines law review affirmative action admissions schemes and alternative types of affirmative action programs. Part II considers the arguments supporting and opposing the implementation of affirmative action programs by law reviews. Part III presents the results of a survey of law reviews concerning affirmative action. This Note concludes that affirmative action programs are the most effective means of increasing minority membership on law reviews, but that law reviews may increase minority membership through other methods.

The Future Of Liberal Legal Scholarship, Ronald K.L. Collins, David M. Skover

Michigan Law Review

Earl Warren is dead.

A generation of liberal legal scholars continues, nevertheless, to act as if the man and his Court preside over the present. While this romanticism is understandable, it exacts a high price in a world transformed.

The following commentary is a reconstructive criticism written from the perspective of two liberals concerned about the future of "legal liberalism." We present our views as a commentary to emphasize their preliminary character; they represent our current assessment of where liberals stand and where they might redirect their energies.

Approaching The Constitution, Don Herzog

Reviews

These are sumptuously produced, oversized volumes: one pictures them, as I suspect some shrewd accountant at the press did, decorating the shelves of lawyers' offices. Their pages are crammed full of primary texts, two columns on each page, in an alarmingly small but somehow readable typeface. Some texts are bare snippets; others wind on luxuriantly for many pages. The editors have set a cutoff point: no text from after 1835 appears. Like much else about these volumes, that decision reflects a set of theoretical commitments about the Constitution that I want to question. Not that these volumes are explicitly cast …

Book Reviews: The Study Of Law Edited By J. F. Corkery, Elizabeth Barbara Naumczyk

Research Collection Library

No abstract provided.

The Practice And Discourse Of Legal Scholarship, Edward L. Rubin

Michigan Law Review

This article begins with a discussion of the critique of methodology, a characterization of standard legal scholarship in terms of the critique, and an exploration of the critique's relevance for this form of scholarship. The next section discusses the modes of legal analysis represented by the critical legal studies, law and literature, and law as practical reason movements, which draw from many of the same philosophic sources as the critique. Despite their common origin, these movements do not rely on the critique of methodology itself, and do not focus on standard legal scholarship. The Article then proceeds to offer a …

Library Costs As A Percentage Of Law School Budgets, Jane L. Hammond

Cornell Law Faculty Publications

For many years, the benchmark for the portion of the law school budget that goes to the law library has been twenty percent. An analysis of law school budgets for 1976-77, 1981-82, and 1986-87, however, shows that this benchmark should be lowered or modified by size of the law school.

Introduction: "Plus Ça Change …?", Stephen B. Burbank

University of Michigan Journal of Law Reform

This is a time of self-conscious attention to legal scholarship that, although hardly unprecedented, must seem remarkable to many in the profession. We hear of "malaise" in the academy, of the decline of doctrinal scholarship, and more generally, of the decline of law as an autonomous discipline. For some who believe it, the news may be profoundly disturbing, tolling the thirteenth hour on entire careers. For others, bearing the news-and having it believed-may be essential to launching or sustaining careers.

Most of us, I suspect, are inclined to suspend judgment, inured more than most mortals to the harsh reality that …

Reflections On Fuller And Perdue's The Reliance Interest In Contract Damages: A Positive Economic Framework, Avery Katz

University of Michigan Journal of Law Reform

Fuller and Perdue's classic article, The Reliance Interest in Contract Damages, is regarded by many contemporary contracts scholars as the single most influential law review article in the field. For those of us who teach and think about contracts from the perspective of law and economics, the consensus would probably be close to unanimous. The article displays an approach highly congenial to an economic perspective. The connection goes beyond Fuller and Perdue's explicitly functional approach to law (which law and economics shares with other schools of thought descended from the legal realists) and beyond Fuller and Perdue's focus on …

Neutral Principles In The 1950'S, Gary Peller

University of Michigan Journal of Law Reform

In this Essay, I explore the intellectual setting within which Wechsler believed that defending freedom also required defending the legality of racial domination. I argue that the key to understanding this apparent paradox is to grasp the ideological/ cultural complex of the 1950's within which mainstream American intellectuals in law and in other disciplines came to terms with the disintegration of the traditional, "old order" paradigms of the late nineteenth and early twentieth centuries by means of an intense and overriding distinction between controversial issues of values and noncontroversial questions of framework and structure within which substantive conflict would take …

Appellate Justice Bureaucracy And Scholarship, William M. Richman, William L. Reynolds

University of Michigan Journal of Law Reform

Many of the other Articles in this Symposium demonstrate that a single great piece of legal scholarship can have an enormous impact on the development of legal doctrine. This Article differs in two respects. First, it focuses not on a single seminal work, but rather on a developing literature authored by a large group of scholars. Second, it attempts to assess the impact of that literature not on the growth of legal theory, but on the development of a single legal institution-the United States Courts of Appeals.