Legal Studies Commons^™

Broadly Speaking - April 27, 1998, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - April, 1998, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - March 30, 1998, Nova Southeastern University

Broadly Speaking

No abstract provided.

The Struggle Between Legal Theory And Practice: One Law Student's Effort To Maintain The "Proper" Balance, Fernando M. Pinguelo

Brigham Young University Education and Law Journal

No abstract provided.

Broadly Speaking - February 17, 1998, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - January 26, 1998, Nova Southeastern University

Broadly Speaking

No abstract provided.

Rhetorical Knowledge In Legal Practice And Theory, Francis J. Mootz Iii

Scholarly Works

Rhetorical Knowledge in Legal Practice and Critical Legal Theory has just been published by the University of Alabama Press as part of its series, Rhetoric, Culture and Social Critique. My central themes are that rhetorical knowledge - however imperfectly pursued and attained - is a feature of social life; that rhetorical knowledge plays an important role in legal practice; and that legal critique is appropriately grounded by the normative injunction to maximize the generation of and reliance on rhetorical knowledge in the administration of justice by legal actors. If nothing else, I want to make clear that by recovering and …

Three Positivisms, Robin West

Georgetown Law Faculty Publications and Other Works

In this article, I accept and hope to expand upon the conventional consensus view that The Path of the Law is a brief for an Americanized version of Austinian legal positivism and for the "separation" of law and morality that is at its core. I also want to show, however, that the distinctive accomplishment of this Essay is its literary ambiguity: Both its explicit arguments for the positivist separation of law and morality, and the three enduring metaphors Holmes uses to make the case -- (1) the "bad man" from whose perspective we can clearly view the law; (2) the …

Broadly Speaking - November 19, 1997, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - October 15, 1997, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - September 10, 1997, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - April 22, 1997, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - April Fools' Day, 1997, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - March 10, 1997, Nova Southeastern University

Broadly Speaking

No abstract provided.

Terrorism And Legal Competence: A Reader's Opinion, Ibpp Editor

International Bulletin of Political Psychology

A reader, a police officer from a Pacific Basin Country, wishing to remain anonymous, reacts to IBPP article "Terrorism and Legal Competence" (V. 1, No. 1, November 8, 1996), discussing that article's treatment of terrorism and versions of legal competency. Religious as well as intolerance are likewise discussed.

Does Duncan Kennedy Wear Boxers Or Briefs? Does Richard Posner Ever Sleep? Writing About Jurisprudence, High Culture And The History Of Intellectuals (Review Essay), John Henry Schlegel

Book Reviews

Reviewing Neil Duxbury, Patterns of American Jurisprudence(1995).

Nature Of Rules And The Meaning Of Meaning, Kent Greenawalt

Faculty Scholarship

This essay addresses two problems in legal theory. What is the nature of rules, especially legal rules? What is the meaning of a legal rule?

My main concern is the relation between these two questions. I inquire whether a sensible view of how rules work commits one to any particular approach to meaning. For this inquiry, I focus on Frederick Schauer's illuminating treatment of rules in Playing by the Rules, which he says is linked to a particular view of meaning. I assert that the linkage is much less tight than he supposes, and that competing theories about meaning are …

Terrorism And Legal Competence, Ibpp Editor

International Bulletin of Political Psychology

The editor examines the concept of legal concept of competency in context of terrorism.

Judging Judgment: Assessing The Competence Of Mental Patients To Refuse Treatment, Grant H. Morris

San Diego Law Review

This Article concerns the due process requirements in determining a mental patient’s competency to make a decision refusing medical treatment. The Author discusses the California decision imposing a judicial hearing requirement and San Diego Superior Court rules for implementing this decision. The Author, a law-trained decision maker in hearings to determine mental patients’ competence to refuse medication, compiled a case report after each of his hearings. He presents and analyzes the data on the competency cases he decided and emphasizes the factors which may have influence his decisions. The Author argues that competency hearings should be conducted by law-trained decision …

Fuzzifying The Natural Law—Legal Positivist Debate, Edward S. Adams, Torben Spaak

Buffalo Law Review

No abstract provided.

Substantive Due Process And Parental Corporal Punishment: Democracy And The Excluded Child, Mary Kate Kearney

San Diego Law Review

This Article questions whether parents have a right to corporally punish their children, and if they do, how this right should be defined. The author argues that parents should not receive the heightened constitutional protection conferred by a fundamental right. She argues that the political process already adequately protects the interests of parents in disciplining their children. To the extent that the political process chooses to permit parents to administer reasonable corporal punishment, this Article proposes a five-part test that courts can use to determine whether an act of corporal punishment fits within that reasonableness standard. This test is more …

Harris V. Forklift Systems, Inc. Victory Or Defeat?, Laura Hoffman Roppe

San Diego Law Review

This Casenote analyzes the significance and potential effects of the decision in Harris v. Forklift Systems, Inc., a Supreme Court case decided in November 1993. This case promulgates a framework for analysis of "hostile environment" sexual harassment claims arising under Title VII of the Civil Rights Act of 1964. The author sets forth the historical backdrop of the case, as well as exploring and comparing the effect of the decision in general with the decision's effect in the Ninth Circuit in particular. The author concludes that the Harris case potentially reduces women's chances of winning sexual harassment claims in the …

Legal Enforcement Of Morality, Kent Greenawalt

Faculty Scholarship

In modern Western political and legal thought, the subject of legal enforcement of morality is narrower than the literal coverage of those terms. That is because much legal enforcement of morality is uncontroversial and rarely discussed. Disagreement arises only when the law enforces aspects of morality that do not involve protecting others from fairly direct harms. More precisely, people raise questions about legal requirements (1) to perform acts that benefit others, (2) to refrain from acts that cause indirect harms to others, (3) to refrain from acts that cause harm to themselves, ( 4) to refrain from acts that offend …

No-Fault Marital Dissolution: The Bitter Triumph Of Naked Divorce, J Herbie Difonzo

San Diego Law Review

In this Article, the author examines the origins of the no-fault divorce movement, concluding that the abandonment of fault grounds was conceived as a conservative measure intended to facilitate the reversal of the escalating divorce rate and to replace traditional marital dissolution with therapeutic divorce. This reform collapsed at mid-point, achieving only the jettisoning of divorce grounds. The author argues that an unintended consequence of the reform battle was the transformation from mutual consent divorce, the operating milieu for most of the twentieth century, into divorce on demand. The author concludes that this transformation has resulted in a significant loss …

Standing Firm, On Forbidden Grounds, Richard A. Epstein

San Diego Law Review

This introductory Article to the Title VII Symposium contained in this issue of the San Diego Law Review addresses the critiques leveled at the book Forbidden Grounds: The Case Against Employment Discrimination Laws. Richard Epstein, the author of the book, recognizes the disagreement expressed in the Articles in the Symposium, and attempts to defend his thesis in this Article. He argued in Forbidden Grounds that the best set of overall social outcomes would come from eliminating antidiscrimination laws which prohibit employer discrimination on the grounds of race, creed, sex, age, handicap, or anything else. In this Article, he addresses several …

Alternative Grounds: Epstein's Discrimination Analysis In Other Market Settings, Ian Ayres

San Diego Law Review

This Article focuses on how Richard Epstein's discrimination analysis in his book Forbidden Grounds: The Case Against Employment Discrimination Laws plays out in four other market contexts. The author analyzes historical labor markets (circa 1964), public accommodations, housing, and new car markets. He concludes that applying Epstein's theory to these different market settings exposes limitations of Epstein's analysis.

Licensing Laws: A Historical Example Of The Use Of Government Regulatory Power Against African Americans, David E. Bernstein

San Diego Law Review

This Article addresses how the legacy of government policy has been a large factor in the economic subjugation of black Americans between Reconstructionist and the modern Civil Rights era. Specifically, this Article displays how white interest groups used occupational licensing laws to stifle black economic progress, and how these laws were used to prevent blacks from competing with established white skilled workers. The author notes that Richard Epstein with his book Forbidden Grounds: The Case Against Employment Discrimination Laws has done the legal community a great service by reminding it that the source of some of the economic disparity between …

Lonely Libertarian: One Man's View Of Antidiscrimination Law, Lea Brilmayer

San Diego Law Review

In his book Forbidden Grounds: The Case Against Employment Discrimination Laws, Richard Epstein attacks antidiscrimination law from three different philosophical points of view: utilitarian, libertarian, and freedom of contract. The author of this Article addresses each of these philosophies, and argues that none of these arguments is compelling as applied to a legal regime as popular as Epstein admits core antidiscrimination law to be. This Article points out inconsistencies in Epstein's view of the public's acceptance of antidiscrimination laws as being silly.

Market Affirmative Action, Robert Cooter

San Diego Law Review

This Article applies the economic theory of regulation to laws forbidding discrimination or requiring affirmative action. It argues for using transferable rights in order to achieve diversity rather than quotas. Based on economic theories, the Article finds that the most efficient remedies for discrimination are the ones already developed by economists for other problems. The author suggests that discriminatory cartels can be prohibited or undermined, discriminatory signals can be overcome by supplementing market information, and external effects of prejudice can be internalized by tax subsidies. He concludes that perfect competition causes discriminators to pay for segregation, and some current antidiscrimination …

Reality, Drew S. Days, Iii

San Diego Law Review

This Article applies the economic theory of regulation to laws forbidding discrimination or requiring affirmative action. It argues for using transferable rights in order to achieve diversity rather than quotas. Based on economic theories, the Article finds that the most efficient remedies for discrimination are the ones already developed by economists for other problems. The author suggests that discriminatory cartels can be prohibited or undermined, discriminatory signals can be overcome by supplementing market information, and external effects of prejudice can be internalized by tax subsidies. He concludes that perfect competition causes discriminators to pay for segregation, and some current antidiscrimination …