The following appeared in Volume 97, Number 1 (Fall 1997) of the APA Newsletters
Newsletter on Philosophy and Law
Recent Law Review Symposium
Issues of Interest
Race and Remedy in a Multicultural Society, 47 Stanford Law Review (No. 5, May, 1995)
Lawrence, Charles R., III. "Foreward: Race, Multiculturalism, and the Jurisprudence of Transformation"
Habermas, Jürgen. "Address: Multiculturalism and the Liberal State"
Brest, Paul & Oshige, Miranda. "Affirmative Action for Whom?"
Hing, Bill Ong."In the Interest of Racial Harmony: Revisiting the Lawyers Duty to Work for the Common Good"
Ramirez, Deborah. "Multicultural Empowerment: Its Not Just Black and White Anymore"
Wilkinson, J. Harvie, III. "The Law of Civil Rights and the Dangers of Separatism in Multicultural America"
The Right to Die, 9 Notre Dame Journal of Law, Ethics, and Public Policy (No. 2, 1995)
Robinson, John H. "Physician Assisted Suicide: Its Challenge to the Prevailing Constitutional Paradigm"
Beschle, Donald L. "The Role of Courts in the Debate on Assisted Suicide: A Communitarian Approach"
Keown, John. "Euthanasia in the Netherlands: Sliding Down the Slippery Slope?"
Barry, Robert. "The Development of the Roman Catholic Teachings on Suicide"
Dyke, Arthur J. "Beyond Theological Conflict in the Courts: The Issue of Assisted Suicide"
Surveying Law and Borders, 48 Stanford Law Review (No. 5, May, 1996)
Frug, Jerry. "The Geography of Community"
Briffault, Richard. "The Local Government Boundary Problem in Metropolitan Areas"
Neuman, Gerald L. "Anomalous Zones"
Farber, Daniel A. "Stretching the Margins: the Geographic Nexus in Environmental Law"
Stone, Christopher D. "Locale and Legitimacy in International Environmental Law"
Aoki, Keith. "(Intellectual) Property and Sovereignty: Notes Toward a Cultural Geography of Authorship"
Coombe, Rosemary J. "Authorial Cartographies: Mapping Proprietary Borders in a Less-Than-Brave New World"
Johnson, David R. & Post, David. "Law and Borders-The Rise of Law in Cyberspace"
Lessig, Lawrence. "The Zones of Cyberspace"
Bersin, Alan D. "El Tercer País: Reinventing the U.S./Mexico Border"
With Foreward by Renato Rosaldo, Afterward by Edward Soja, and comments on Frug (Vicki Been), Briffault (Richard Thompson Ford), and Neuman (William Ian Miller).
Affirmative Action, 43 UCLA Law Review (No. 6, August, 1996).
Reinhardt, Stephen. "Where Have You Gone, Jackie Robinson?"
Amar, Akhil Reed & Katyal, Neal Kumar. "Bakkes Fate"
Ayres, Ian. "Narrow Tailoring"
Chen, Jim. "Diversity and Damnation"
Fallon, Richard H., Jr. "Affirmative Action Based on Economic Disadvantage"
Ford, Christopher A. "Challenges and Dilemmas of Racial and Ethnic Identity in American and Post-Apartheid South African Affirmative Action"
Thernstrom, Abigail. "Voting Rights: Another Affirmative Action Mess"
Volokh, Eugene. "Diversity, Race as Proxy, and Religion as Proxy"
Regulating Medical Innovation, 82 Virginia Law Review (No. 8, November, 1996).
Trebilcock, Michael; Howse, Robert; & Daniels, Ron. "Do Institutions Matter? A Comparative Pathology of the HIV-Infected Blood Tragedy"
Elhauge, Einer. "The Limited Regulatory Potential of Medical Technology Assessment"
Eisenberg, Rebecca S. "Public Research and Private Development: Patents and Technology Transfer in Government-Sponsored Research"
Merrill, Richard A. "The Architecture of Government Regulation of Medical Products"
With Foreward by Walter J. Wadlington; each article is accompanied by two commentaries.
Special issue on Carl Schmitt. Guest editor: David Dyzenhaus, 10 Canadian Journal of Law and Jurisprudence (No. 1, January, 1997.)
Carl Schmitt (1888-1985) was an important legal and political theorist in Germany in the first half of this century. He had close connections with the National Socialist party. His positive political views support a centralized authoritarian state. Negatively, he was also preoccupied with a critique of liberalism. This Special Issue is predicated on the value of coming to terms with Schmitts critique from the point of view of contemporary liberalism. Some contributors think valuable the critique but not the positive views; some value both, and some value neither. The contents of the volume are:
Boeckenfoerde, Ernst-Wolfgang. "The Concept of the Political: A Key to Understanding Carl Schmitts Constitutional Theory"
Mouffe, Chantal. "Carl Schmitt and the Paradox of Liberal Democracy"
Kennedy, Ellen. "Hostis not Inimicus: Toward a Theory of the Public in the Work of Carl Schmitt"
Leydet, Dominique. "Pluralism and the Crisis of Parliamentary Democracy"
Bielefeldt, Heiner. "Carl Schmitts Critique of Liberalism: Systematic Reconstruction and Countercriticism"
Howse, Robert. "From Legitimacy to Dictatorship-and Back Again: Leo Strausss Critique of the Anti-Liberalism of Carl Schmitt"
Mehring, Reinhard. "Liberalism as a `Metaphysical System: The Methodological Structure of Carl Schmitts Critique of Political Rationalism"
Maus, Ingeborg. "The 1933 `Break in Carl Schmitts Theory"
Scheuerman, William E. "Revolutions and Constitutions: Hannah Arendts Challenge to Carl Schmitt"
McCormick, John P. "The Dilemmas of Dictatorship: Carl Schmitt and Constitutional Emergency Powers"
Cristi, Renato. "Carl Schmitt on Sovereignty and Constituent Power"
Seitzer, Jeffrey. "Carl Schmitts Internal Critique of Liberal Constitutionalism: Verfassungslehre as a Response to the Weimar State Crisis"
Property Rules, Liability Rules, and Inalienability: A Twenty-Five Year Retrospective, 106 Yale Law Journal (No. 7, May, 1997).
Sherwin, Emily. "Introduction: Property Rules as Remedies"
Epstein, Richard A. "A Clear View of The Cathedral: The Dominance of Property Rules"
Krier, James E. & Schwab, Stewart J. "The Cathedral at Twenty-Five: Citations and Impressions"
Levmore, Saul. "Unifying Remedies: Property Rules, Liability Rules, and Startling Rules"
Rose, Carol M. "The Shadow of The Cathedral"
Group Conflict and the Constitution: Race, Sexuality and Religion, 106 Yale Law Journal (No. 8, June, 1997).
Balkin, J. M. "The Constitution of Status"
Barnes, Robin D. "Black America and School Choice: Charting a New Course"
Eskridge, William N. "A Jurisprudence of 'Coming Out: Religion, Homosexuality, and Collisions of Liberty and Equality in American Public Law"
George, Robert P. "Public Reason and Political Conflict: Abortion and Homosexuality"
Pildes, Richard H. "Principled Limitations on Racial and Partisan Redistricting"