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1988

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Articles 1 - 23 of 23

Full-Text Articles in Public Law and Legal Theory

Preserving Low Income Housing In Maine - An Inventory Of Assisted Housing, Elizabeth H. Mitchell Dec 1988

Preserving Low Income Housing In Maine - An Inventory Of Assisted Housing, Elizabeth H. Mitchell

Maine Collection

Preserving Low Income Housing In Maine - An Inventory of Assisted Housing

Maine State Housing Authority, Augusta , Maine, 1988.



Takings, Narratives, And Power, Gregory S. Alexander Dec 1988

Takings, Narratives, And Power, Gregory S. Alexander

Cornell Law Faculty Publications

"The Regulatory Takings Problem" is the title given to a story, or narrative, that has become prominent in the literature on just compensation issues. The story is one of power and fear. It is about a perceived imbalance of power between the two groups of actors involved in the process of public land-use regulation--private landowners and government regulators. It depicts scenarios of past or threatened abuse of power by local land-use regulators, and it looks to the takings clause generally and regulatory takings doctrine specifically as crucial corrective devices, essential to set the power imbalance aright. The dominant narrative describes ...


A Matter Of Voice And Plot: Belief And Suspicion In Legal Storytelling, Richard K. Sherwin Dec 1988

A Matter Of Voice And Plot: Belief And Suspicion In Legal Storytelling, Richard K. Sherwin

Michigan Law Review

In Part I of this article, I describe in greater detail the tensions touched upon above that divide the current legal culture between rhetorical affirmers on the one side and critical deconners on the other. In Part II, I examine more closely the persuasive discourse that White calls "constitutive rhetoric." White's understanding of rhetoric offers a paradigm for the rhetorical affirmer's viewpoint. In Part III, I begin to explore the limitations and dangers inherent in White's and, by extension, in the rhetorical affirmer's approach. In Part IV, I attempt to provide a way of bringing together ...


Reciprocal Altruism As A Felony: Antitrust And The Prisoner's Dilemma, John Shepard Wiley Jr. Aug 1988

Reciprocal Altruism As A Felony: Antitrust And The Prisoner's Dilemma, John Shepard Wiley Jr.

Michigan Law Review

This essay is about the idea of cooperation in antitrust law. At the outset, ·I clarify my terminology. Biologists often refer to reciprocal altruism. "Reciprocal altruism" in the antitrust context has an odd semantic ring. There is nothing altruistic or self-sacrificing about the cooperation that antitrust rules outlaw: cartel price fixing. Firms do it strictly for the money. I prefer the term reciprocity to describe a firm's strategy to pursue behavior that will profit it only if competing firms engage in similar behavior. This usage can create confusion in the present context, however, because reciprocity is also an antitrust ...


Force, Stanley E. Fish Jun 1988

Force, Stanley E. Fish

Washington and Lee Law Review

No abstract provided.


Legal Thinking: Its Limits And Tensions, Marcella David May 1988

Legal Thinking: Its Limits And Tensions, Marcella David

Michigan Law Review

A Review of Legal Thinking: Its Limits and Tensions by William E. Read


The Jurisprudence Of Skepticism, Richard A. Posner Apr 1988

The Jurisprudence Of Skepticism, Richard A. Posner

Michigan Law Review

The skeptical vein in American thinking about law runs from Holmes to the legal realists to the critical legal studies movement, while behind Holmes stretches a European skeptical legal tradition that runs from Thrasymachus (in Plato's Republic) to Hobbes and Bentham and beyond. Against the skeptics can be arrayed a vast number of natural lawyers, legal conventionalists, and formalists, including Cicero, Coke, Blackstone, and Langdell, not to mention the majority of contemporary lawyers, judges, and law professors. This article will set forth and defend a moderately skeptical approach to law and judging, one not so far-reaching as that of ...


Mind And Hand: Economics And Engineering At The Massachusetts Institute Of Technology, Richard Adelstein Jan 1988

Mind And Hand: Economics And Engineering At The Massachusetts Institute Of Technology, Richard Adelstein

Division II Faculty Publications

The role of political economy in the curriculum of MIT, with special attention to the thought of Francis Amasa Walker.


The Metaphor Of Standing And The Problem Of Self-Governance, Steven L. Winter Jan 1988

The Metaphor Of Standing And The Problem Of Self-Governance, Steven L. Winter

Law Faculty Research Publications

No abstract provided.


Aids And The Law: Setting And Evaluating Threshold Standards For Coercive Public Health Intervention, Eric S. Janus Jan 1988

Aids And The Law: Setting And Evaluating Threshold Standards For Coercive Public Health Intervention, Eric S. Janus

Faculty Scholarship

This article examines in detail an example of legislation that redefines the scope of permissible public health intervention and provides procedural protections compatible with modern precedent—the Minnesota Health Threat Procedures Act. This Act is an appropriate subject for close study because it is intended to be responsive to the general concerns raised by the commentators: the narrowing redefinition of the scope of coercive public health intervention and the addition of suitable procedural protections. Coercive public health legislation merits close attention because it inevitably invokes a clash of three important values. The purpose of the legislation is the protection of ...


Normative Surrender, Jerome B. Elkind Jan 1988

Normative Surrender, Jerome B. Elkind

Michigan Journal of International Law

It is submitted, at the risk of being accused of idealism, that those who most conspicuously don the mantle of realism are also guilty of normative sloppiness, a form of sloppiness which deserves the name "normative surrender" because it concedes large areas of the law to the will and whim of States. This article will examine the phenomenon of normative surrender and provide some examples of it.


Book Review. Constitutional Federalism In A Nutshell, 2nd Ed. By David E. Engdahl, Daniel O. Conkle Jan 1988

Book Review. Constitutional Federalism In A Nutshell, 2nd Ed. By David E. Engdahl, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.


Law And Sex, Christina B. Whitman Jan 1988

Law And Sex, Christina B. Whitman

Reviews

In Feminism Unmodified, a collection of speeches given between 1981 and 1986, Catharine MacKinnon talks of law from the perspective of feminism. MacKinnon does not approach her topic as a lawyer with a uniquely legal perspective on feminism; she brings, instead, a distinctively feminist approach to law. Nor is the feminism from which she speaks grounded in the standard political theories: MacKinnon disclaims and attacks the Marxist approach to feminism, the socialist approach to feminism, and, most emphatically and repeatedly, the liberal approach to feminism that has been embraced by many lawyers in their effort to use law to eliminate ...


Promise Fulfilled And Principle Betrayed, James J. White Jan 1988

Promise Fulfilled And Principle Betrayed, James J. White

Articles

My responsibility in this paper is to address three questions. (1) How has the legal realist body of thought affected contract law and its application? (2) How will contract law and its application be affected in the future by realist thinking? (3) If the realist viewpoint were fully accepted, what kind of system would result and how would contract law be affected? Because my focus is upon a principal legislative monument to realism, Article Two of the Uniform Commercial Code (the "U.C.C."), and upon its drafter, Karl Llewellyn, I will not answer any of the three questions explicitly ...


The Letter Of Credit As Security For Completion Of Streets, Sidewalks, And Other Bonded Municipal Improvements, James P. Downey Jan 1988

The Letter Of Credit As Security For Completion Of Streets, Sidewalks, And Other Bonded Municipal Improvements, James P. Downey

University of Richmond Law Review

When approving a land development project, municipalities require assurance that developers will construct the required public improvements, and that in the event of default, the surety will be responsive, so that the project will be completed promptly, without risk to the municipal treasury. A form of guarantee sometimes used is the letter of credit. The case law involving public improvement letters of credit is sparse, yet the contingent liability to municipalities from defaulted land developments, with illusory sureties, should not be underestimated.


Four Predictions For The Criminal Law Of 2043, Paul H. Robinson Jan 1988

Four Predictions For The Criminal Law Of 2043, Paul H. Robinson

Faculty Scholarship at Penn Law

No abstract provided.


Legality And Discretion In The Distribution Of Criminal Sanctions, Paul H. Robinson Jan 1988

Legality And Discretion In The Distribution Of Criminal Sanctions, Paul H. Robinson

Faculty Scholarship at Penn Law

No abstract provided.


The Institution Of The Private Attorney General: Perspectives From An Empirical Study Of Class Action Litigation, Bryant G. Garth, Ilene H. Nagel, S. Jay Plager Jan 1988

The Institution Of The Private Attorney General: Perspectives From An Empirical Study Of Class Action Litigation, Bryant G. Garth, Ilene H. Nagel, S. Jay Plager

Articles by Maurer Faculty

No abstract provided.


The Authoritarian Impulse In Constitutional Law, Robin West Jan 1988

The Authoritarian Impulse In Constitutional Law, Robin West

Georgetown Law Faculty Publications and Other Works

Should there be greater participation by legislators and citizens in constitutional debate, theory, and decision-making? An increasing number of legal theorists from otherwise divergent perspectives have recently argued against what Paul Brest calls the "principle of judicial exclusivity" in our constitutional processes. These theorists contend that because issues of public morality in our culture either are, or tend to become, constitutional issues, all political actors, and most notably legislators and citizens, should consider the constitutional implications of the moral issues of the day. Because constitutional questions are essentially moral questions about how active and responsible citizens should constitute themselves, we ...


Communities, Texts, And Law: Reflections On The Law And Literature Movement, Robin West Jan 1988

Communities, Texts, And Law: Reflections On The Law And Literature Movement, Robin West

Georgetown Law Faculty Publications and Other Works

How do we form communities? How might we form better ones? What is the role of law in that process? In a recent series of books and articles, James Boyd White, arguably the modern law and literature movement's founder, has put forward distinctively literary answers to these questions. Perhaps because of the fluidity of the humanities, White's account of the nature of community is not nearly as axiomatic to the law and literature movement as is Posner's depiction of the "individual" to legal economists. Nevertheless, White's conception is increasingly representative of the literary-legalist's world view ...


Jurisprudence And Gender, Robin West Jan 1988

Jurisprudence And Gender, Robin West

Georgetown Law Faculty Publications and Other Works

What is a human being? Legal theorists must, perforce, answer this question: jurisprudence, after all, is about human beings. The task has not proven to be divisive. In fact, virtually all modern American legal theorists, like most modern moral and political philosophers, either explicitly or implicitly embrace what I will call the "separation thesis" about what it means to be a human being: a "human being," whatever else he is, is physically separate from all other human beings. I am one human being and you are another, and that distinction between you and me is central to the meaning of ...


Enforcement Provisions Of The Civil Rights Act Of 1866: A Legislative History In Light Of Runyon V. Mccrary, The Review Essay And Comments: Reconstructing Reconstruction, Robert J. Kaczorowski Jan 1988

Enforcement Provisions Of The Civil Rights Act Of 1866: A Legislative History In Light Of Runyon V. Mccrary, The Review Essay And Comments: Reconstructing Reconstruction, Robert J. Kaczorowski

Faculty Scholarship

The purpose of this Comment is to examine the history of the enactment and early enforcement of the Civil Rights Act of 1866 from the perspective of the remedies Congress sought to provide to meet the problems that necessitated the legislation. Its main foci are the statute's enforcement provisions and their early implementation, an aspect of the history of the statute that has not been fully considered in relation to section one, the provision that has received the most scholarly attention. The occasion of this study is the Supreme Court's reconsideration of Runyon v. McCrary' in Patterson v ...


Mind And Hand: Economics And Engineering At The Massachusetts Institute Of Technology, Richard Adelstein Dec 1987

Mind And Hand: Economics And Engineering At The Massachusetts Institute Of Technology, Richard Adelstein

Richard Adelstein

The role of political economy in the curriculum of MIT, with special attention to the thought of Francis Amasa Walker.