Public Law and Legal Theory Commons^™

Epstein And Levmore: Objections From The Right?, Emily Sherwin, Maimon Schwarzschild

Cornell Law Faculty Publications

No abstract provided.

Public Interest Organizations

California Regulatory Law Reporter

No abstract provided.

Bioethics In The Language Of The Law, Carl E. Schneider

Articles

What happens when the language of the law becomes a vulgar tongue? What happens, more particularly, when parties to bioethical discourse are obliged to borrow in their daily controversies the ideas, and even the language, peculiar to judicial proceedings? How suited are the habits, taste, and language of the judicial magistrate to the political, and more particularly, the bioethical, questions of our time? We ask these questions because, as the incomparable Tocqueville foresaw, Americans today truly do resolve political-and moral--questions into judicial questions. As Abraham Lincoln hoped, the Constitution "has become the political religion of the nation," and many Americans …

Incommensurability And Valuation In Law, Cass R. Sunstein

Michigan Law Review

In this article I explore two claims and discuss their implications for law. The first claim is that human values are plural and diverse. By this I mean that we value things, events, and relationships in ways that are not reducible to some larger and more encompassing value. The second claim is that human goods are not commensurable. By this I mean that such goods are not assessed along a single metric. For reasons to be explored, the two claims, though related, are importantly different.

Positivism Regained, Nihilism Postponed, Jose E. Alvarez

Michigan Journal of International Law

Review of Law-Making in the International Community by G.M. Danilenko

Public Interest Organizations

California Regulatory Law Reporter

No abstract provided.

The Court-Created Conflict Of The First Amendment: Marginalizing Religion And Undermining The Law, Karen T. White

University of Florida Journal of Law & Public Policy

No abstract provided.

Disbelieving The Culture Wars, Dennis E. Owen

University of Florida Journal of Law & Public Policy

No abstract provided.

Constitutional Law: Does The Establishment Clause Prohibit Sending Public Employees Into Religious Schools?, Marc Falconetti

University of Florida Journal of Law & Public Policy

No abstract provided.

Pluralism And The Quality Of Religious Discourse In Law And Politics, David S. Caudill

University of Florida Journal of Law & Public Policy

No abstract provided.

Justice Kennedy And The Establishment Clause: The Supreme Court Tries The Coercion Test, Paul Earl Pongrace Iii

University of Florida Journal of Law & Public Policy

No abstract provided.

Closing The Door On The Home Office Debate: A Case Commentary On Soliman V. Commissioner, Tracey Ingraham Holmes

University of Florida Journal of Law & Public Policy

No abstract provided.

Access To Discovery Records In Florida Criminal Trials: Public Justice And Public Records, Charles N. Davis

University of Florida Journal of Law & Public Policy

No abstract provided.

Defining Religion And The Present Surpreme Court, C. John Sommerville

University of Florida Journal of Law & Public Policy

No abstract provided.

Do Students Have A Prayer After Lee V. Weisman?, Richard D. Land, Michael K. Whitehead

University of Florida Journal of Law & Public Policy

No abstract provided.

Democratic Credentials, Donald J. Herzog

Articles

We've made a mistake, urges Bruce Ackerman. We've failed to notice, or have forgotten, that ours is a dualist democracy: ordinary representatives passing their statutes are in fact the democratic inferiors of We the People, who at rare junctures appear on the scene and affirm new constitutional principles. (Actually, he claims in passing that we have a three-track democracy.)' Dwelling lovingly on dualism, Ackerman doesn't quite forget to discuss democracy, but he comes close. I want to raise some questions about the democratic credentials of Ackerman's view. Not, perhaps, the ones he anticipates. So I don't mean to argue that …

Public Interest Organizations

California Regulatory Law Reporter

No abstract provided.

Public Interest Organizations Action

California Regulatory Law Reporter

No abstract provided.

Keeping Faith: Government Ethics & Government Ethics Regulation, Cynthia R. Farina

Cornell Law Faculty Publications

Legal Education In Germany And The United States--A Structural Comparison, Juergen R. Ostertag

Vanderbilt Journal of Transnational Law

In this Article, Mr. Ostertag compares German and United States legal education. He believes that the differences in the two educational systems result from such factors as the separate development of the respective educational programs, the different training goals each system has for law students, and the relative significance of code law instruction and case method instruction. The author perceives a dichotomy between legal theory and practice, and he believes that law schools could bridge this gap through a comprehensive internship program that would expose students to all aspects of legal practice.

Property And Pragmatism: A Critique Of Radin's Theory Of Property And Personhood, Stephen J. Schnably

Articles

No abstract provided.

The Role Of Human Rights In Global Securtiy Issues: A Normative And Institutional Critique, Douglas Lee Donoho

Michigan Journal of International Law

The purpose of this article is to evaluate the institutional and normative capacity of international human rights to effectively serve such enhanced roles in global peace and security matters. In particular, the analysis focuses on key normative and institutional weaknesses in the existing U.N. human rights system and addresses their implications for the roles which human rights might serve to enhance peace. By describing some of the system's fundamental weaknesses, this analysis also indicates important areas for reform within the U.N. system.

The State Action Doctrine, The Public- Private Distinction, And The Independence Of Constitutional Law, Richard Kay

Faculty Articles and Papers

No abstract provided.

Public Interest Organizations

California Regulatory Law Reporter

No abstract provided.

Harry Edward's Nostalgia, Paul D. Reingold

Articles

Until fairly recently, the work of people who thought and wrote about the law in its broadest cultural sense, and the work of those who thought and wrote about the law as it was practiced, did not intersect very much. The broad cultural issues tended to be the province of philosophers or political theorists or other academic social critics, while traditional legal scholarship - as it appeared in law school journals - remained firmly rooted in lawyers' questions. This is not to suggest that legal academics wrote nothing but practice manuals, but it is true that until the last twenty …

A Critical Race Theory Critique Of The Right To A Jury Trial Under Title Vii, Roy L. Brooks

University of Florida Journal of Law & Public Policy

No abstract provided.

The Reasonable Woman Standard: Perpetuating Sex Discrimination In The Workplace (Ellison V. Brady, 924 F.2d 872 (9th Cir. 1990)), Susan L. Haag

University of Florida Journal of Law & Public Policy

No abstract provided.

Worker's Compensation Law: Stress Related Injury In The Workplace (University Of Florida V. Massie, 602 So. 2d 516 (Fla. 1992)), Judith P. Erwin

University of Florida Journal of Law & Public Policy

No abstract provided.

"Alternative" Grading In Large Section Law School Classes, Paul T. Wangerin

University of Florida Journal of Law & Public Policy

No abstract provided.

Constitutional Status And Role Of The State Attorney General, Scott M. Matheson Jr.

University of Florida Journal of Law & Public Policy

No abstract provided.