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Full-Text Articles in Public Law and Legal Theory

The Limits Of Quantitative Legal Analyses: Chaos In Legal Scholarship And Fdic V. W.R. Grace & Co., Royce De R. Barondes Oct 1995

The Limits Of Quantitative Legal Analyses: Chaos In Legal Scholarship And Fdic V. W.R. Grace & Co., Royce De R. Barondes

Faculty Publications

This Article identifies a few of those techniques by examining a number of quasi-quantitative legal analyses that have addressed a range of legal relationships. The methodology of this Article consists of reviewing the relationship between those legal analyses and their associated non-legal disciplines. The unifying theme of the discussed examples is that a useful, well constructed quantitative analysis or approach has been improperly extended into a legal context.

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New Public Law Legislation, Oregon Law Institute, Paul Snider, Karen M. Vickers, Lynn Rosik, Marianna Kanwit, Maria Keltner Sep 1995

New Public Law Legislation, Oregon Law Institute, Paul Snider, Karen M. Vickers, Lynn Rosik, Marianna Kanwit, Maria Keltner

Oregon Law Institute, 1995

Course Materials from the September 15, 1995 Program in Portland

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Public Interest Organizations Jul 1995

Public Interest Organizations

California Regulatory Law Reporter

No abstract provided.

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Misunderstanding Positivism, Anthony J. Sebok Jun 1995

Misunderstanding Positivism, Anthony J. Sebok

Michigan Law Review

It is important that I point out the limited purposes of this article. I cannot, in the context of the argument I make, prove that positivism will not inevitably collapse into a conservative theory of law. Nor can I prove that positivism is not vulnerable to jurisprudential arguments unrelated to the attempt to link positivism with formalism, legal process, and originalism. I recognize that strong arguments have been made that modem positivism's attempts to divorce itself from classical positivism's command theory of law has opened up more problems than it has solved. I have certain views on whether that divorce …

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Pragmatism, Feminism, And The Problem Of Bad Coherence, Catharine Pierce Wells May 1995

Pragmatism, Feminism, And The Problem Of Bad Coherence, Catharine Pierce Wells

Michigan Law Review

A Review of Reinterpreting Property by Margaret Jane Radin

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Thirteen Easy Pieces, Frank I. Michelman May 1995

Thirteen Easy Pieces, Frank I. Michelman

Michigan Law Review

A Review of Responding to Imperfection: The Theory and Practice of Constitutional Amendment by Sanford Levinson

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The New Federalism, Richard C. Reuben Apr 1995

The New Federalism, Richard C. Reuben

Faculty Publications

the 10th Amendment was something they noted for the bar exam and then promptly forgot about. But for many conservative lawyers and politicians, the 10th Amendment- which reserves to the states all powers not given to the federal government-has been anything but academic. For them, it embodies the founders' promise for a nation in which the states and federal government are near-equal partners. And they have fought long and hard to give the amendment its proper due. As the rise of House Speaker Newt Gingrich, R-Ga., and his Contract with America attest, their day may have finally come. Today, federalism, …

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Public Interest Organizations Jan 1995

Public Interest Organizations

California Regulatory Law Reporter

No abstract provided.

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The Reception Of Foreign Law In The U.S. Federal Courts, Roger J. Miner '56 Jan 1995

The Reception Of Foreign Law In The U.S. Federal Courts, Roger J. Miner '56

Bar Associations

No abstract provided.

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Review Of The Idea Of A Liberal Theory: A Critique And Reconstruction, Donald J. Herzog Jan 1995

Review Of The Idea Of A Liberal Theory: A Critique And Reconstruction, Donald J. Herzog

Reviews

The flood of literature sometimes derisively referred to as the Rawls/Nozick industry shows no signs of slowing. David Johnston enters the lists to champion an unabashedly cosmopolitan view-humanist liberalism-that focuses on promoting human agency for any and all people in any and all societies. He concedes that he has in place only a rudimentary sketch.

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Superego By Default, Slavoj Zizek Jan 1995

Superego By Default, Slavoj Zizek

Cardozo Law Review

The proper way to approach "psychoanalysis and law" is to ask the question: what kind of law is the object of psychoanalysis? The answer is, of course: superego emerges where the law-the public law, the law articulated in the public discourse-fails. At this point of failure, the public law is compelled to search for support in an illegal enjoyment."

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Policy In Wake Of The Incident, Gerald Mccarthy, W. Tayloe Murphy, Gerald Winegrad, Joel B. Eisen Jan 1995

Policy In Wake Of The Incident, Gerald Mccarthy, W. Tayloe Murphy, Gerald Winegrad, Joel B. Eisen

University of Richmond Law Review

The goal of this panel was to examine the policies formed in the wake of the Kepone incident: the environmental laws, the regulations and policies that are designed to safeguard our natural resources to ensure that incidents such as the Kepone incident do not reoccur and if they do, to hold those responsible for environmental damage accountable for their actions.

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Normative Considerations Of Asset Forfeiture Under The Drug Abuse Control Act—Who Will Protect The People?—The Judiciary As Vox Populi, Rick Fueyo Jan 1995

Normative Considerations Of Asset Forfeiture Under The Drug Abuse Control Act—Who Will Protect The People?—The Judiciary As Vox Populi, Rick Fueyo

University of Florida Journal of Law & Public Policy

No abstract provided.

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The Academies, "Hate Speech" And The Concept Of Academic Intellectual Freedom, Fletcher N. Baldwin Jr. Jan 1995

The Academies, "Hate Speech" And The Concept Of Academic Intellectual Freedom, Fletcher N. Baldwin Jr.

University of Florida Journal of Law & Public Policy

No abstract provided.

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The Debate Over Mediator Qualifications: Can They Satisfy The Growing Need To Measure Competence Without Barring Entry Into The Market?, W. Lee Dobbins Jan 1995

The Debate Over Mediator Qualifications: Can They Satisfy The Growing Need To Measure Competence Without Barring Entry Into The Market?, W. Lee Dobbins

University of Florida Journal of Law & Public Policy

No abstract provided.

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Equality And The Economic Consequences Of Spousal Support: A Canadian Perspective, Claire L'Heureux-Dubé Jan 1995

Equality And The Economic Consequences Of Spousal Support: A Canadian Perspective, Claire L'Heureux-Dubé

University of Florida Journal of Law & Public Policy

No abstract provided.

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Sex For Money And The Morning After: Listening To Women And The Feminist Voice In Prostitution Discourse, Alexandra Bongard Stremler Jan 1995

Sex For Money And The Morning After: Listening To Women And The Feminist Voice In Prostitution Discourse, Alexandra Bongard Stremler

University of Florida Journal of Law & Public Policy

No abstract provided.

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"Proverbially Speaking": Rotten Apples, Philadelphia Lawyers And Red Cows, Scott D. Makar Jan 1995

"Proverbially Speaking": Rotten Apples, Philadelphia Lawyers And Red Cows, Scott D. Makar

University of Florida Journal of Law & Public Policy

No abstract provided.

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Converging Theories: An Analysis Of The Future Of Medical Monitoring As A Remedy For The Victims Of Powerline Radiation Torts, Nicholas Shannin Jan 1995

Converging Theories: An Analysis Of The Future Of Medical Monitoring As A Remedy For The Victims Of Powerline Radiation Torts, Nicholas Shannin

University of Florida Journal of Law & Public Policy

No abstract provided.

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Equality And Freedom Of Speech (Eighteenth Annual Law Review Symposium: Demise Of The First Amendment? Focus On Rico And Hate Crime Litigation), Terrance Sandalow Jan 1995

Equality And Freedom Of Speech (Eighteenth Annual Law Review Symposium: Demise Of The First Amendment? Focus On Rico And Hate Crime Litigation), Terrance Sandalow

Other Publications

The editors responsible for today's symposium have posed an alarming question: whether we are witnessing the demise of the First Amendment. I want to dispel at the outset any anxiety the question may have aroused. The First Amendment is alive and well; indeed, it is thriving. I believe, though I cannot prove, that public respect for the values it expresses has never been greater than it has been in recent years. Whether or not I am correct in that belief, however, it is certain that constitutional protections against governmental efforts to limit speech and other forms of expressive activity are …

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"The Concept Of Law" Revisited, Andrew B.L. Phang Jan 1995

"The Concept Of Law" Revisited, Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

On any view, Hart is one of (if not the) leading jurists in Anglo-American legal philosophy this century. His central work, The Concept of Law,' is prescribed reading in virtually every jurisprudence course around the world. He has also been involved in the most famous debates in Anglo-American legal philosophy: the Hart-Fuller debate on the separation of law from morality; 2 the Hart-Devlin debate on the enforcement of morals;3 and the Hart-Dworkin debate on judicial discretion 4 -and it ought to be mentioned that it was precisely these debates that forced all three of these jurists to construct their own …

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Equal Protection And Sexual Orientation, Jack Tsen-Ta Lee Jan 1995

Equal Protection And Sexual Orientation, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

Equality is the thread running through the fundamental liberties enshrined in our Constitution. ... Equality, expressed in Art 12 of the [Singapore] Constitution, is also a specific right enforceable by the court. The difficulty comes in applying this deceptively simple concept to real-life situations. ... In considering the validity of legislation, Singapore and Malaysian courts have generally favored rational review, a modest conception of equal protection, unlike their American counterparts which have adopted a more expansive reading in the form of strict and intermediate review. This article examines how these three levels of equal protection review operate, and argues that …

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Imagery And Adjudication In The Criminal Law: The Relationship Between Images Of Criminal Defendants And Ideologies Of Criminal Law In Southern Antebellum And Modern Appellate Decisions, Bernard Harcourt Jan 1995

Imagery And Adjudication In The Criminal Law: The Relationship Between Images Of Criminal Defendants And Ideologies Of Criminal Law In Southern Antebellum And Modern Appellate Decisions, Bernard Harcourt

Faculty Scholarship

Criminal law opinions often project a distinct image of the accused. Sometimes, she is cast in a sympathetic light and may appear vulnerable or impressionable: a single mother, whose husband has died, struggling to raise her two, loving children; an impoverished, nineteen-year-old African-American with a fifth-grade education, "mentally dull and 'slow to learn;'" or a defenseless "obedient servant," protecting himself from an "adversary armed with a deadly weapon." On other occasions, the defendant may appear threatening, savage or even diabolical: a cold-blooded recidivist that escapes from a prison workcrew, brutally stabs, rapes and murders a woman, and returns for a …

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Reflections On From Slaves To Citizens Bondage, Freedom And The Constitution: The New Slavery Scholarship And Its Impact On Law And Legal Historiography, Robert J. Kaczorowski Jan 1995

Reflections On From Slaves To Citizens Bondage, Freedom And The Constitution: The New Slavery Scholarship And Its Impact On Law And Legal Historiography, Robert J. Kaczorowski

Faculty Scholarship

The thesis of Professor Donald Nieman's paper, "From Slaves to Citizens: African-Americans, Rights Consciousness, and Reconstruction," is that the nation experienced a revolution in the United States Constitution and in the consciousness of African Americans. According to Professor Nieman, the Reconstruction Amendments represented "a dramatic departure from antebellum constitutional principles,"' because the Thirteenth Amendment reversed the pre-Civil War constitutional guarantee of slavery and "abolish[ed] slavery by federal authority." The Fourteenth Amendment rejected the Supreme Court's "racially-based definition of citizenship [in Dred Scott v. Sandford4], clearly establishing a color-blind citizenship” and the Fifteenth Amendment "wrote the principle of equality into the …

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Public Relief Jan 1995

Public Relief

Touro Law Review

No abstract provided.

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Environmental Performance Review: Self-Regulation In Environmental Law, Eric Bregman, Arthur Jacobson Dec 1994

Environmental Performance Review: Self-Regulation In Environmental Law, Eric Bregman, Arthur Jacobson

Cardozo Law Review

Americans have explored self-regulation as a strategy for the legal treatment of environmental issues only slowly and reluctantly. This is surprising. The intellectual roots of environmentalism, after all, are in ecology, the science of self-regulating, autonomous systems. With the notable exception of the National Environmental Policy Act of 1969 ("NEPA"), the image of the human actor in environmental regulation has been that of a threat to, rather than a participant in, the ecological systems which regulation is designed to protect by controlling human interventions. The role of regulation, from this perspective, is to stop avoidable interventions and to control the …

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Public Interest Organizations Oct 1994

Public Interest Organizations

California Regulatory Law Reporter

No abstract provided.

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Bioethics With A Human Face, Carl E. Schneider Oct 1994

Bioethics With A Human Face, Carl E. Schneider

Articles

This Article and the successor article I will shortly publish grow out of one reaction I have had to years of reading bioethical and legal literature. Let me begin by putting the point in its simplest, even crudest, form: That literature too often discusses the problems of health care in so disembodied and denatured a way that the patients and physicians, the family and friends, the dread and the disease are quite abstracted from the scene. The result is a literature that critically limits itself and that crucially oversimplifies the issues it confronts. There are, of course, reasons bioethical and …

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Federalism's Future In The Global Village, Barry Friedman Oct 1994

Federalism's Future In The Global Village, Barry Friedman

Vanderbilt Law Review

The world we live in is becoming smaller. Although no doubt people have been saying that since at least the travels of Marco Polo, Columbus, and Vespucci, events appear to be moving with startling rapidity. Global trade, global travel, global communication-all are bringing us together in ways that even twenty years ago we hardly could imagine. The words "globalization" and "internationalization" are heard frequently now, and in many new and different contexts. In contrast to the globalization phenomenon, we are accustomed to thinking about American federalism largely in domestic terms. The primary arena in which the debate about the role …

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The Endurance Of The Felony-Murder Rule: A Study Of The Forces That Shape Our Criminal Law, James J. Tomkovicz Sep 1994

The Endurance Of The Felony-Murder Rule: A Study Of The Forces That Shape Our Criminal Law, James J. Tomkovicz

Washington and Lee Law Review

No abstract provided.

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