1995Case Western Reserve University School of Law Scholarly Commons (Case Western Reserve University)Open access

A View to the Future of Judicial Federalism: “Neither Out Far Nor in Deep”

Thomas Eugene Baker

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Abstract

Consider the following real examples.In Los Angeles, a Japanese woman attempted a parent-child suicide in the traditional manner called oyaku-shinju because of her humiliation over her husband's marital infidelity.Joseph Tybor, Eye of Newt, Wool of Bat: Is This What the Future Holds for American Courts?, Cm.TRIB., Aug. 21, 1988, at 4. The woman was rescued, but the children died.She pled guilty to manslaughter and was placed on probation with psychiatric treatment.Id.Also in California, a Laotian Hmong tribesman acted out a traditional custom called zij poj niam, amounting to marriage by capture of an assimilated Hmong woman.Id.He was charged with kidnapping and rape, but negotiated a plea for false imprisonment, with a limited jail sentence and a fine in reparation to the victim.Id.22. William E. Davis, Language and the Justice System: Problems and Issues, 10 JUST.Sys.J. 353, 353 (1985). 23.Fuller & Boersema, supra note 16, at 210-11 (noting that productivity gains from advanced technology may come "at the expense of laborers").24. Id. at 216 (warning that crime will substantially threaten family living); see Delphi Study, supra note 12, at 299-300 (citing weakening family structure, poverty cycles, and children in poverty as important trends). SeeFuller & Boersema, supra note 16, at 224-25; Delphi Study, supra note 12, at 300 (including the long-term effect of AIDS in a discussion about health trends).

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Consider the following real examples.In Los Angeles, a Japanese woman attempted a parent-child suicide in the traditional manner called oyaku-shinju because of her humiliation over her husband's marital infidelity.Joseph Tybor, Eye of Newt, Wool of Bat: Is This What the Future Holds for American Courts?, Cm.TRIB., Aug. 21, 1988, at 4. The woman was rescued, but the children died.She pled guilty to manslaughter and was placed on probation with psychiatric treatment.Id.Also in California, a Laotian Hmong tribesman acted out a traditional custom called zij poj niam, amounting to marriage by capture of an assimilated Hmong woman.Id.He was charged with kidnapping and rape, but negotiated a plea for false imprisonment, with a limited jail sentence and a fine in reparation to the victim.Id.22. William E. Davis, Language and the Justice System: Problems and Issues, 10 JUST.Sys.J. 353, 353 (1985). 23.Fuller & Boersema, supra note 16, at 210-11 (noting that productivity gains from advanced technology may come "at the expense of laborers").24. Id. at 216 (warning that crime will substantially threaten family living); see Delphi Study, supra note 12, at 299-300 (citing weakening family structure, poverty cycles, and children in poverty as important trends). SeeFuller & Boersema, supra note 16, at 224-25; Delphi Study, supra note 12, at 300 (including the long-term effect of AIDS in a discussion about health trends).

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Consider the following real examples.In Los Angeles, a Japanese woman attempted a parent-child suicide in the traditional manner called oyaku-shinju because of her humiliation over her husband's marital infidelity.Joseph Tybor, Eye of Newt, Wool of Bat: Is This What the Future Holds for American Courts?, Cm.TRIB., Aug. 21, 1988, at 4. The woman was rescued, but the children died.She pled guilty to manslaughter and was placed on probation with psychiatric treatment.Id.Also in California, a Laotian Hmong tribesman acted out a traditional custom called zij poj niam, amounting to marriage by capture of an assimilated Hmong woman.Id.He was charged with kidnapping and rape, but negotiated a plea for false imprisonment, with a limited jail sentence and a fine in reparation to the victim.Id.22. William E. Davis, Language and the Justice System: Problems and Issues, 10 JUST.Sys.J. 353, 353 (1985). 23.Fuller & Boersema, supra note 16, at 210-11 (noting that productivity gains from advanced technology may come "at the expense of laborers").24. Id. at 216 (warning that crime will substantially threaten family living); see Delphi Study, supra note 12, at 299-300 (citing weakening family structure, poverty cycles, and children in poverty as important trends). SeeFuller & Boersema, supra note 16, at 224-25; Delphi Study, supra note 12, at 300 (including the long-term effect of AIDS in a discussion about health trends).

Key concepts: Federalism, Political science, Law and economics, Law, Economics, Politics

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