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Selected Works

Law

2002

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Rethinking Tort Doctrine: Visions Of A Restatement (Fourth) Of Torts, Stephen D. Sugarman Nov 2002

Rethinking Tort Doctrine: Visions Of A Restatement (Fourth) Of Torts, Stephen D. Sugarman

Stephen D Sugarman

Although current work on the Restatment of Torts (Third) is bringing the state of tort law into the 21st century, I project forward into the future a possible (Fourth) that would radically simplify tort doctrine across what are still treated as quite separate fields (like product liability, medical malpractice, intentional torts). Under my vision, varying responsibiities would arise from differing social roles.

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Justice And Reasonable Care In Negligence Law, Richard W. Wright Nov 2002

Justice And Reasonable Care In Negligence Law, Richard W. Wright

Richard W. Wright

The academic literature generally assumes that an aggregate-risk-utility test is employed to determine whether conduct was reasonable or negligent. This aggregate-risk-utility test is a transparent implementation of the basic impartiality and aggregation principles of utilitarianism and the most popular (Kaldor-Hicks) interpretation of economic efficiency. Thus, the test's assumed prevalence as the criterion of reasonableness in negligence law has been highlighted by legal economists as confirmation of the utilitarian efficiency foundations of tort law, while those, including Ronald Dworkin, who think that the law, including tort law, is or should be grounded on principles of justice have sought to demonstrate that, …

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Negligence In The Courts: Introduction And Commentary, In Symposium, Negligence In The Courts: The Actual Practice, Richard W. Wright Nov 2002

Negligence In The Courts: Introduction And Commentary, In Symposium, Negligence In The Courts: The Actual Practice, Richard W. Wright

Richard W. Wright

This article is an introduction to and commentary on the contributions to a "Symposium on Negligence in the Courts: the Actual Practice." The contributors all conclude that the tests of negligence that are actually employed by the courts differ from the aggregate-risk-utility test that is generally assumed in the academic literature, including the Restatement of Torts. Patrick Kelley and Laurel Wendt's survey of all the standard jury instructions on negligence in the United States finds only one instruction, in Louisiana, that mentions a risk-utility or cost-benefit test of negligence, and that instruction merely suggests, as a discretionary option, the weighing …

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“Counter-Terrorism Law”, Matthew S. R. Palmer Nov 2002

“Counter-Terrorism Law”, Matthew S. R. Palmer

The Hon Justice Matthew Palmer

I suggest that there is no conceptually distinct and coherent body of law we can sensibly call counter-terrorism law.
Terrorist actions are a global problem that must be tackled firmly and effectively. Legislation is a powerful symbol of commitment to do that. And, while the causes of terrorism must be addressed using multi-prong strategies, the acts of terror themselves must be dealt with by the law. But terrorist actions are the same as criminal actions; the difference is that they are politically motivated. Motivation can affect the penalties that are imposed on offenders, but motivation itself is not sensibly the …

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La Cultura Del Narcotráfico Y Las Secuelas En Nuestra Sociedad., Rafael Angel Gomez Betancur Nov 2002

La Cultura Del Narcotráfico Y Las Secuelas En Nuestra Sociedad., Rafael Angel Gomez Betancur

Rafael Angel Gómez Betancur

La cultura del narcotráfico nos dejó como mensaje, el enriquecimiento fácil y despertó el apetito desordenado y voraz por las riquezas.

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Daubism: Copyright Law And Artistic Works, Matthew Rimmer Nov 2002

Daubism: Copyright Law And Artistic Works, Matthew Rimmer

Matthew Rimmer

An artistic controversy over a group of landscape painters called the Daubists provided impetus for copyright law reform in Australia in the early 1990's.
In the first exhibition of Daubism in 1991 driller Jet Armstrong painted a crop circle over a painting of the Olgas by Charles Bannon - an artist, print-maker, and the father of the State Premier at the time, John Bannon. He called the resulting work, Crop Circles on a Bannon Landscape. Armstrong also inserted an inverted crucifix over a painting of the Flinders Ranges by Bannon, and renamed the work The Crop Circle Conspiracy Landscape. In …

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La Persona Humana De Borda (Un Recuerdo Desde El Perú), Enrique Varsi Nov 2002

La Persona Humana De Borda (Un Recuerdo Desde El Perú), Enrique Varsi

Enrique Varsi Rospigliosi

No abstract provided.

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Who Gets On Top In Democracy? Elections As Filters , Robert D. Cooter Oct 2002

Who Gets On Top In Democracy? Elections As Filters , Robert D. Cooter

Robert Cooter

No abstract provided.

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7. Expert Testimony On The Suggestibility Of Children: Does It Fit?, Thomas D. Lyon Oct 2002

7. Expert Testimony On The Suggestibility Of Children: Does It Fit?, Thomas D. Lyon

Thomas D. Lyon

State v. Sloan (1995 [Mo. Ct. App.]) was a criminal case of child sexual abuse. AD., the 6-year-old alleged victim, was dropped off on Friday by her mother at her grandmother's house, where the child's aunt Evelyn and the defendant also resided. Two days later, on Sunday, the child's aunt Anita phoned the child's mother and told her that something was wrong. AD. then told her mother that the defendant had sexually assaulted her the day before. The mother called the child abuse hot line. On Thursday, 5 days after the alleged abuse, a social worker and a police detective …

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If I Were A Lawyer: Tense In Legal Writing, Gerald Lebovits Oct 2002

If I Were A Lawyer: Tense In Legal Writing, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

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The Case Of The Foreign Lawyer: Internationalizing The U.S. Legal Profession, Carole Silver Oct 2002

The Case Of The Foreign Lawyer: Internationalizing The U.S. Legal Profession, Carole Silver

Carole Silver

This article contriubtes a new perspective to existing scholarship on internationalization of the legal profession by focusing on the increasing presence of foreign lawyers in U.S. law schools and law firms. It analyzes the interaction between foreign-educated lawyers and the legal profession in the U.S. based upon two sources of information: first, a series of interviews with foreign-educated lawyers and U.S. law firm hiring partners regarding experiences in law school and in firms, and second, a database comprised of biographical information for more than 300 foreign-educated lawyers who were working in New York during 1999 and 2000. The various roles …

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Some Contrarian Concerns About Law, Psychology, And Public Policy, Donald Bersoff Sep 2002

Some Contrarian Concerns About Law, Psychology, And Public Policy, Donald Bersoff

Donald N. Bersoff

No abstract provided.

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Sprawl, Growth Boundaries And The Rehnquist Court , Michael E Lewyn Sep 2002

Sprawl, Growth Boundaries And The Rehnquist Court , Michael E Lewyn

Michael E Lewyn

This article addresses the constitutionality and wisdom of Oregon's urban growth boundary (UGB) program. The article concludes that the program is constitutional under current precedent, and that (contrary to claims made by UGB critics) there is little evidence that the UGB has caused Oregon's runup in housing prices. On the other hand, UGB supporters may have exaggerated the UGB's positive environmental results.

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Controversias Jurisdiccionales Por La Apropiación De Recursos Hídricos, Max Garcia Sep 2002

Controversias Jurisdiccionales Por La Apropiación De Recursos Hídricos, Max Garcia

Max Garcia Sanchez

No abstract provided.

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Forward Discount Bias, Nalebuff's Envelope Puzzle, And The Siegel Paradox In Foreign Exchange, Aaron S. Edlin Sep 2002

Forward Discount Bias, Nalebuff's Envelope Puzzle, And The Siegel Paradox In Foreign Exchange, Aaron S. Edlin

Aaron Edlin

The bias of forward exchange rates as a predictor of future spot rates is typically explained or decomposed as (1) a risk premium and (2) a convexity term which accounts for the fact that, when there is stochastic inflation, nominal gains from forward currency speculation are higher than real ones and correspondingly losses are smaller. We use Nalebuff's envelope puzzle to explain a third source of bias which involves real profits from foreign exchange speculation. Both the "real profit" bias and stochastic inflation bias arise from the convexity of g(s)=1/s and so derive from Jensen's inequality as observed by Siegel …

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Forfeiture Of Terrorist Assets Under The Usa Patriot Act Of 2001, Stefan D. Cassella Sep 2002

Forfeiture Of Terrorist Assets Under The Usa Patriot Act Of 2001, Stefan D. Cassella

Stefan D Cassella

This short article discusses the provision that were included in the USA Patriot to enhance the government's ability to use the asset forfeiture laws to confiscate the assets of terrorist organizations.

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Writers On Writing: Metadiscourse, Gerald Lebovits Sep 2002

Writers On Writing: Metadiscourse, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

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The No-Contact Rule In Massachusetts Post Messing, Paul R. Tremblay Aug 2002

The No-Contact Rule In Massachusetts Post Messing, Paul R. Tremblay

Paul R. Tremblay

No abstract provided.

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Intellectual Property And Domestic Relations: Issues To Consider, Ann Bartow Aug 2002

Intellectual Property And Domestic Relations: Issues To Consider, Ann Bartow

Ann Bartow

Intellectual property (IP) is a term that denotes intangible yet legally protected products of human creativity. The main types of IP include patents, copyrights, and trademarks. This article provides an overview of the special IP issues that can arise in the contexts of divorce, estate planning, or probate.

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6. Child Witnesses And The Oath., Thomas D. Lyon Aug 2002

6. Child Witnesses And The Oath., Thomas D. Lyon

Thomas D. Lyon

Despite the liberalization of competency requirements for child witnesses in many countries (Spencer & Flin, 1993; Youth Justice and Criminal Evidence Act, 1999, s. 53 [Engl.]), a substantial number of courts in the United States and other countries require that every witness take the oath or make some sort of affirmation that s/he will tell the truth (Federal Rules of Evidence 602,2001;Shrimpton, Oates, & Hayes, 1996).In order to guarantee that an oath or affirmation is understood by child witnesses, courts routinely inquire into children's understanding of the difference between the truth and lies and their obligation to tell the truth …

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Balancing Test And Other Factors Assess Ability Of Public Employees To Exercise Free Speech Rights, William A. Herbert Aug 2002

Balancing Test And Other Factors Assess Ability Of Public Employees To Exercise Free Speech Rights, William A. Herbert

William A. Herbert

No abstract provided.

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Poetic Justice: From Bad To Verse, Gerald Lebovits Aug 2002

Poetic Justice: From Bad To Verse, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

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Charter School Funding Issues, Stephen D. Sugarman Aug 2002

Charter School Funding Issues, Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.

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The Uniform Commercial Code Survey: Introduction, Stephen L. Sepinuck, Robyn L. Meadows, Russell A. Hakes Jul 2002

The Uniform Commercial Code Survey: Introduction, Stephen L. Sepinuck, Robyn L. Meadows, Russell A. Hakes

Russell A. Hakes

No abstract provided.

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The Uniform Commercial Code Survey: Introduction, Stephen L. Sepinuck, Robyn L. Meadows, Russell A. Hakes Jul 2002

The Uniform Commercial Code Survey: Introduction, Stephen L. Sepinuck, Robyn L. Meadows, Russell A. Hakes

Robyn L Meadows

No abstract provided.

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Arguing For Human Equality, Patrick Mckinley Brennan Jul 2002

Arguing For Human Equality, Patrick Mckinley Brennan

Patrick McKinley Brennan

No abstract provided.

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Uniform Commercial Code Survey, Sales, Robyn L. Meadows, Larry T. Garvin, Carolyn T. Dessin Jul 2002

Uniform Commercial Code Survey, Sales, Robyn L. Meadows, Larry T. Garvin, Carolyn T. Dessin

Robyn L Meadows

No abstract provided.

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United States Tort Reform Wars, Stephen D. Sugarman Jul 2002

United States Tort Reform Wars, Stephen D. Sugarman

Stephen D Sugarman

Recent efforts to reform tort law in the U.S. are set in an international context. A broad review of the contending side in the American tort reform battle is provided.

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The Metes And Bounds Of State Sovereign Immunity, Scott Dodson Jul 2002

The Metes And Bounds Of State Sovereign Immunity, Scott Dodson

Scott Dodson

What are the parameters of state sovereign immunity? The Court has made clear that certain provisions of Article I contain no authority for overriding state sovereign immunity, while at least one other provision, the Fourteenth Amendment, permits Congress to abrogate the states' sovereign immunity. How is this constitutional line drawn? It is temporally bound? In other words, are only certain Amendments enacted after the Eleventh Amendment free from absolute subservience to state sovereign immunity? Or, does it divide the original Constitution and its Amendments, meaning that state sovereign immunity permeates the original Constitution but does not infiltrate certain Amendments, even …

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Rip, Mix, Burn: The Politics Of Peer To Peer And Copyright Law, Kathy Bowrey, Matthew Rimmer Jul 2002

Rip, Mix, Burn: The Politics Of Peer To Peer And Copyright Law, Kathy Bowrey, Matthew Rimmer

Matthew Rimmer

Whereas Lessig's recent work engages with questions of culture and creativity in society, this paper looks at the role of culture and creativity in the law. The paper evaluates the Napster, DeCSS, Felten and Sklyarov litigation in terms of the new social, legal, economic and cultural relations being produced. This involves a deep discussion of law's economic relations, and the implications of this for litigation strategy. The paper concludes with a critique of recent attempts to define copyright law in terms of first amendment rights and communicative freedom.

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