University of Pennsylvania Law Review articles from January 1998

University of Pennsylvania Law Review archives from January 1998

The commoning of the common law: the Renaissance debate over printing English law, 1520-1640.
January 1, 1998... I. WHY WAS IT ACCEPTABLE TO PRINT LAW? A. Humanism B. Protestantism II. THE DEBATE OVER THE RISKS AND ADVANTAGES OF PUBLISHING LAW: PUBLICISTS AND ANTI-PUBLICISTS A. Forensic Boundaries B. Contrasting Predictions 1....

The architecture of bias: deep structures in tort law.
January 1, 1998... Gender and race have disappeared from the face of tort law. The old doctrines that explicitly limited recovery exclusively to one gender have been either abolished or extended on a gender-neutral basis. Women as well as men may now recover for...

The parol evidence rule, the plain meaning rule, and the principles of contractual interpretation.
January 1, 1998... INTRODUCTION Most commentators believe that when a contract's terms specify the obligations of the parties in the case of some contingency, and that contingency occurs, a court should, barring procedural irregularities, enforce the...

Secular idolatry and sacred traditions: a critique of the Supreme Court's secularization analysis. (U.S. Supreme Court)
January 1, 1998... INTRODUCTION The Supreme Court's Establishment Clause jurisprudence has generated great controversy and received virulent criticism from people on both sides of the constitutional debate. The Court's analysis attempts to delineate the...

Six of one is not a dozen of the other: the size of state criminal juries.(Case Note)
January 1, 1998... The quality of social science scholarship displayed [in the Court's decisions on jury size] would not win a passing grade in a high school psychology class.(1) I have experienced more shocks and surprises from the six-man jury...