Pub Date : 2002-01-01DOI: 10.1515/9781400825387.236
Austin D. Sarat
{"title":"10. When Memory Speaks: Remembrance and Revenge in Unforgiven","authors":"Austin D. Sarat","doi":"10.1515/9781400825387.236","DOIUrl":"https://doi.org/10.1515/9781400825387.236","url":null,"abstract":"","PeriodicalId":46974,"journal":{"name":"Indiana Law Journal","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2002-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74702692","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Conceivable sterilization: a constitutional analysis of a Norplant/Depo-Provera welfare condition.","authors":"Kimberly A Smith","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":46974,"journal":{"name":"Indiana Law Journal","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2002-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"24546684","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Floor speeches by legislators constitute an important body of legal rhetoric. This article studies the Megan's Law legislative floor debates in both the United States Congress and the New York state legislature. The article begins by setting out three practical purposes of legislative debate. First, it can influence voting decisions. Second, it educates and influences both the media and the voting public. Finally it provides a rich source of interpretive material for the judiciary. The article then sets out a naturalistic description of these speeches, comparing the two jurisdictions. Legislators in both Washington, DC and Albany argued for the new laws primarily by painting a grim picture of the status quo. They offered horrific accounts of individual child victimization, questionable statistical claims about the extent of the molestation and abduction crisis, and dehumanizing descriptions of child sexual offenders. Particularly within the U.S. Congress, legislators spent little time touting bills' virtues or rebutting the many possible criticisms of these controversial provisions. New York legislators, perhaps because of their greater political diversity, offered more nuanced critiques of the bills. The article then assesses legislators' rhetorical tropes and claims. Storytelling, for instance, presented both problems and benefits as a primary rhetorical tool for promoting the new social policy. And despite the apparent value of statistical proof, such empirical data was easily manipulated by savvy legislators. Many issues were underdeveloped during the Megan's Law debates. For example, while virtually all legislators spoke exclusively of white offenders and victims, legislators' rhetoric entirely excluded a discussion of the laws' likely disparate impact on African-Americans. Similarly, few legislators acknowledged that benefits of the law - if any were to be had - would flow almost entirely to suburban, and other low density, communities. Finally, the article considers how the Megan's Law debates educated the public, affected legislative voting, or shaped judicial interpretation of the bills. Because it concludes that the Megan's Law legislative debates did not optimally serve these three practical aims, the article evaluates new approaches to enriching the content of legislative debate. It argues that legislatures could appoint a public legislative advocate - the equivalent of a public defender, within the legislative context - or adopt new codes of debate. In any case, legislators should look for ways to improve and enhance the rhetoric of legislative debate.
{"title":"Making the Case for Megan’s Law: A Study in Legislative Rhetoric","authors":"D. Filler","doi":"10.2139/SSRN.266119","DOIUrl":"https://doi.org/10.2139/SSRN.266119","url":null,"abstract":"Floor speeches by legislators constitute an important body of legal rhetoric. This article studies the Megan's Law legislative floor debates in both the United States Congress and the New York state legislature. The article begins by setting out three practical purposes of legislative debate. First, it can influence voting decisions. Second, it educates and influences both the media and the voting public. Finally it provides a rich source of interpretive material for the judiciary. The article then sets out a naturalistic description of these speeches, comparing the two jurisdictions. Legislators in both Washington, DC and Albany argued for the new laws primarily by painting a grim picture of the status quo. They offered horrific accounts of individual child victimization, questionable statistical claims about the extent of the molestation and abduction crisis, and dehumanizing descriptions of child sexual offenders. Particularly within the U.S. Congress, legislators spent little time touting bills' virtues or rebutting the many possible criticisms of these controversial provisions. New York legislators, perhaps because of their greater political diversity, offered more nuanced critiques of the bills. The article then assesses legislators' rhetorical tropes and claims. Storytelling, for instance, presented both problems and benefits as a primary rhetorical tool for promoting the new social policy. And despite the apparent value of statistical proof, such empirical data was easily manipulated by savvy legislators. Many issues were underdeveloped during the Megan's Law debates. For example, while virtually all legislators spoke exclusively of white offenders and victims, legislators' rhetoric entirely excluded a discussion of the laws' likely disparate impact on African-Americans. Similarly, few legislators acknowledged that benefits of the law - if any were to be had - would flow almost entirely to suburban, and other low density, communities. Finally, the article considers how the Megan's Law debates educated the public, affected legislative voting, or shaped judicial interpretation of the bills. Because it concludes that the Megan's Law legislative debates did not optimally serve these three practical aims, the article evaluates new approaches to enriching the content of legislative debate. It argues that legislatures could appoint a public legislative advocate - the equivalent of a public defender, within the legislative context - or adopt new codes of debate. In any case, legislators should look for ways to improve and enhance the rhetoric of legislative debate.","PeriodicalId":46974,"journal":{"name":"Indiana Law Journal","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2001-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83164992","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Protecting our mentally ill: a critique of the role of Indiana state courts in protecting involuntarily committed mental patients' right to refuse medication.","authors":"M L Goff","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":46974,"journal":{"name":"Indiana Law Journal","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2001-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"22131355","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1999-01-01DOI: 10.4324/9781315092492-10
H. Koh
liberal
自由
{"title":"How Is International Human Rights Law Enforced","authors":"H. Koh","doi":"10.4324/9781315092492-10","DOIUrl":"https://doi.org/10.4324/9781315092492-10","url":null,"abstract":"liberal","PeriodicalId":46974,"journal":{"name":"Indiana Law Journal","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"1999-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83200820","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Multivocal Prejudices and Homo Equality","authors":"Eskridge, N. William","doi":"10.2307/j.ctvjz82vn.12","DOIUrl":"https://doi.org/10.2307/j.ctvjz82vn.12","url":null,"abstract":"","PeriodicalId":46974,"journal":{"name":"Indiana Law Journal","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"1999-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73256403","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Bridging the gap between life insurer and consumer in the genetic testing era: the RF proposal.","authors":"C M Keefer","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":46974,"journal":{"name":"Indiana Law Journal","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"1999-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25645798","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Americans love records, statistics, and amazing numbers. Home runs, rushing yardage, presidential-approval ratings, smoking-related deaths, and murder rates-all offer great material for attention-grabbing headlines. In 1996, the bankruptcy system stepped into the spotlight by supplying an attention-grabbing number of its own: more than a mnillion bankruptcies were filed in a single year.' The filing rate had increased sharply over the previous year, but this was nothing new. Rather, the magic of "one million" made bankruptcy a newsworthy subject to be covered in virtually every newspaper, news magazine, and national television news program during the year. Bankruptcy, like baseball and publicopinion polls, had become a sport of numbers, perhaps not widely understood, but the subject of breathless reports, as the benchmark of a million-plus consumer filings was passed. The million-filing mark might have been a short-lived subject for the popular press but for one factor: the filing rate gave the credit industry an opportunity to plead its case publicly that Congress should significantly restructure the bankruptcy laws. The fact that one million families filed for bankruptcy signified a crisis, namely that it is too easy to file for bankruptcy. The credit industry also offered the blueprint for a solution: make it more difficult for families to file for bankruptcy. Business bankruptcy filings are not part of the alleged crisis. Perhaps a robust economy or the increasing sophistication of parties to craft out-of-court workouts has kept the business bankruptcy system out of the news. Business bankruptcy cases account for only about four percent of all bankruptcy filings and the
{"title":"The Bankruptcy Crisis","authors":"E. Warren","doi":"10.4324/9781315129761-2","DOIUrl":"https://doi.org/10.4324/9781315129761-2","url":null,"abstract":"Americans love records, statistics, and amazing numbers. Home runs, rushing yardage, presidential-approval ratings, smoking-related deaths, and murder rates-all offer great material for attention-grabbing headlines. In 1996, the bankruptcy system stepped into the spotlight by supplying an attention-grabbing number of its own: more than a mnillion bankruptcies were filed in a single year.' The filing rate had increased sharply over the previous year, but this was nothing new. Rather, the magic of \"one million\" made bankruptcy a newsworthy subject to be covered in virtually every newspaper, news magazine, and national television news program during the year. Bankruptcy, like baseball and publicopinion polls, had become a sport of numbers, perhaps not widely understood, but the subject of breathless reports, as the benchmark of a million-plus consumer filings was passed. The million-filing mark might have been a short-lived subject for the popular press but for one factor: the filing rate gave the credit industry an opportunity to plead its case publicly that Congress should significantly restructure the bankruptcy laws. The fact that one million families filed for bankruptcy signified a crisis, namely that it is too easy to file for bankruptcy. The credit industry also offered the blueprint for a solution: make it more difficult for families to file for bankruptcy. Business bankruptcy filings are not part of the alleged crisis. Perhaps a robust economy or the increasing sophistication of parties to craft out-of-court workouts has kept the business bankruptcy system out of the news. Business bankruptcy cases account for only about four percent of all bankruptcy filings and the","PeriodicalId":46974,"journal":{"name":"Indiana Law Journal","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"1998-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86462513","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1997-01-01DOI: 10.5040/9781472565136.ch-006
Bruce L. Hay
{"title":"Allocating the Burden of Proof","authors":"Bruce L. Hay","doi":"10.5040/9781472565136.ch-006","DOIUrl":"https://doi.org/10.5040/9781472565136.ch-006","url":null,"abstract":"","PeriodicalId":46974,"journal":{"name":"Indiana Law Journal","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"1997-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82137756","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"A Tribute to Justice Roger O. DeBruler","authors":"F. Sullivan","doi":"10.18060/3215","DOIUrl":"https://doi.org/10.18060/3215","url":null,"abstract":"","PeriodicalId":46974,"journal":{"name":"Indiana Law Journal","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"1996-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80848615","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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