Yakima Herald-Republic articles from April 1999

Yakima Herald-Republic archives from April 1999

Who gets utility from bequests? The distributive and welfare implications for a consumption tax.
April 1, 1999... Private savings which are transferred intergenerationally through bequests make up a substantial portion of the U.S. capital stock. Most of these bequests do not get spent down by heirs and in fact usually increase in size as they are...

Availability cascades and risk regulation.
April 1, 1999... An availability cascade is a self-reinforcing process of collective belief formation by which an expressed perception triggers a chain reaction that gives the perception increasing plausibility through its rising availability in public...

Categorical community.
April 1, 1999... The communitarian alternative to atomistic individualism in legal theory reproduces the very error it assails in liberal individualism. Professor Daniel R. Ortiz argues that the poststructuralist critique of the sovereign subject as...

The medical and legal risks of the electronic fetal monitor.
April 1, 1999... Electronic fetal heart monitoring (EFM) is the most widely used method of monitoring the fetal heartbeat for possible signs of distress during delivery. Soon after its development in the 1960s, EFM replaced intermittent auscultation as the...

An American resolution: the history of prisons in the United States from 1777 to 1877.
April 1, 1999... In this note, Matthew Meskell traces the rise of the penitentiary system in the United States from 1777 to 1877. By focusing on how the penitentiaries adapted to social and economic pressures, Meskell offers an explanation for why the system...

Symposium Introduction: In Pursuit of Justice.
April 1, 1999... The Opening sentence of William Simon's The Practice of Justice observes: "No social role encourages such ambitious moral aspirations as the lawyer's and no social role so consistently disappoints the aspirations it encourages".(1) A reader of...

Reason and passion in legal ethics.(Review Essay Symposium: The Practice of Justice by William H. Simon)(Review)
April 1, 1999... Should a morally ambitious person become a lawyer? Surely the answer should be yes: Each year thousands of students enter law school, and a large portion of them are there because they want to pursue justice in a way that draws on their highest...

Should a Christian lawyer sign up for Simon's practice of justice?(Review Essay Symposium: The Practice of Justice by William H. Simon)
April 1, 1999... [T]he baptismal imagination of the New Testament is so peculiar and so particular because Christians are always odd men and women come together in odd communities and congregations, always at odds, always at risk, always in the presence of...

The radical conservatism of The Practice of Justice.(Review Essay Symposium: The Practice of Justice by William H. Simon)
April 1, 1999... The Practice of Justice is a fundamental but in some ways also remarkably conservative--in the best sense of the word--critique of the prevailing system of lawyers' ethics and practices. It is fundamental, in the sense that William Simon razes...

(Er)race-ing an ethic of justice.(Review Essay Symposium: The Practice of Justice by William H. Simon)
April 1, 1999... INTRODUCTION For several years, I have pursued a project devoted to the study of race, lawyers, and ethics in the American criminal justice system. Building on the evolving jurisprudence of Critical Race Theory,(1) the project spans a...

Waking up from uneasy dreams: professional context, discretionary judgment, and The Practice of Justice.(Review Essay Symposium: The Practice of Justice by William H. Simon)
April 1, 1999... When an associate at a large corporate firm was interviewed several years ago about potential conflicts between his personal values and his work assignments, he chuckled at the quaintness of the inquiry. "Are you kidding?" he responded, "My...

The zealous advocacy of justice in a less than ideal legal world.(Review Essay Symposium: The Practice of Justice by William H. Simon)
April 1, 1999... In The Practice of Justice, William Simon addresses a widely recognized dilemma--the moral degradation of the legal profession that seems to be the unpleasant by-product of an adversarial system of resolving disputes--with a bold claim: Lawyers...

The legal and the ethical in legal ethics: a brief rejoinder to comments on The Practice of Justice.(response to symposium articles in this issue p. 873, 903, 919, 935, 955, nd 973.)(Review Essay Symposium: The Practice of Justice by William H. Simon)
April 1, 1999... We have here, not the clash of opposites, but a series of family quarrels within what you might call the Party of Aspiration in legal ethics. My seven allies and I all favor lawyers' ethic of more complex judgment and more responsibility to...