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Narrative and Metaphor in the Law
Scholars from many disciplines discuss the crucial roles played by narrative and metaphor in the theory and practice of law.
The Eternal Criminal Record
For 60 million Americans a criminal record overshadows everything else about their identity. Citizens have a right to know when someone around them represents a threat. But convicted persons have rights too. James Jacobs examines the problem of erroneous records and proposes ways to eliminate discrimination for those who have been rehabilitated.
Principles of the Law of Aggregate Litigation
The Principles aim to help judges, legislators, and others make aggregation decisions correctly, and to improve the management of cases in which aggregation is allowed. In addition to formal aggregation in litigated settings, such as with class actions, the work addresses a broader array of cases that are bundled together and settled or tried to test the value of related claims.
Mental Disability and the Death Penalty
There is no question that the death penalty is disproportionately imposed in cases involving defendants with mental disabilities. There is clear, systemic bias at all stages of the prosecution and the sentencing process – in determining who is competent to be executed, in the assessment of mitigation evidence, in the ways that counsel is assigned, in the ways that jury determinations are often contaminated by stereotyped preconceptions of persons with mental disabilities, in the ways that cynical expert testimony reflects a propensity on the part of some experts to purposely distort their testimony in order to achieve desired ends. These questions are shockingly ignored at all levels of th...
Yale Law Journal: Volume 124, Number 8 - June 2015
The contents of the June 2015 issue (Volume 124, Number 8) of the Yale Law Journal are: Article, "The New Corporate Web: Tailored Entity Partitions and Creditors' Selective Enforcement," Anthony J. Casey Note, "A Reassessment of Common Law Protections for 'Idiots,'" Michael Clemente Feature: Arbitration, Transparency, and Privatization: "Diffusing Disputes: The Public in the Private of Arbitration, the Private in Courts, and the Erasure of Rights," Judith Resnik "Arbitration and Americanization: The Paternalism of Progressive Procedural Reform," Amalia D. Kessler "Arbitration’s Counter-Narrative: The Religious Arbitration Paradigm," Michael A. Helfand "Disappearing Claims and the Erosion of Substantive Law," J. Maria Glover Feature, "Constitutional Law in an Age of Proportionality," Vicki C. Jackson Quality digital formatting includes fully linked footnotes and an active Table of Contents (including linked Contents for all individual Articles, Notes, and Essays), proper Bluebook formatting, and active URLs in footnotes. This ebook is the last issue of the academic year 2014-2015, Number 8 of Volume 124. It includes a cumulative Index for the volume.
Law and Class in America
In Law and Class in America, a group of leading legal scholars reflect on the state of the law from the end of the Cold War to the present, grappling with a central question posed to them by Paul D. Carrington and Trina Jones: have recent legal reforms exacerbated class differences in America? In a substantive introduction, Carrington and Jones assert that legal changes from the late-20th century onward have been increasingly elitist and unconcerned with the lives of poor people having little access to the legal system. Contributors use this position as a springboard to review developments in their own particular fields and to assess whether or not legal decisions and processes have contribu...
Divergent Paths
Judges and legal scholars talk past one another, if they have any conversation at all. Academics couch their criticisms of judicial decisions in theoretical terms, which leads many judges—at the risk of intellectual stagnation—to dismiss most academic discourse as opaque and divorced from reality. In Divergent Paths, Richard Posner turns his attention to this widening gap within the legal profession, reflecting on its causes and consequences and asking what can be done to close or at least narrow it. The shortcomings of academic legal analysis are real, but they cannot disguise the fact that the modern judiciary has several serious deficiencies that academic research and teaching could h...
Reflections on Judging
For Richard Posner, legal formalism and formalist judges--notably Antonin Scalia--present the main obstacles to coping with the dizzying pace of technological advance. Posner calls for legal realism--gathering facts, considering context, and reaching a sensible conclusion that inflicts little collateral damage on other areas of the law.
How Does Law Matter?
The question of how law matters has long been fundamental to the law and society field. Social science scholarship has repeatedly demonstrated that law matters less, or differently, than those who study only legal doctrine would have us believe. Yet research in this field depends on a belief in the relevance of law, no matter how often gaps are identified. The essays in this collection show how law is relevant in both an instrumental and a constitutive sense, as a tool to accomplish particular purposes and as an important force in shaping the everyday worlds in which we live. Essays examine these issues by focusing on legal consciousness, the body, discrimination, and colonialism as well as on more traditional legal concerns such as juries and criminal justice.
