Digital Commons Network^™

Comment, The Augustan Constitution And Our Natural Rights Tradition: Is There A Conflict?, Thomas B. Mcaffee

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Professor Hoffheimer has provided us with a striking picture of two important strands of our constitutional heritage. The first, which he labels “Augustan constitutionalism,” descended from classical political thought and the English constitution. Its focus is on the governmental powers that it legitimates, and its themes relate to the forms of government; in the American context, this means that its focus is on separation of powers, checks and balances, and (in general) the problem of organizing and dividing government authority. The second, which he calls the “natural rights tradition,” roots government's legitimacy--and indeed its origin and purpose--in the protection of …

Critical Race Theory And Proposition 187: The Racial Politics Of Immigration Law, Ruben J. Garcia

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Immigration law and politics have been historically intertwined with racial prejudice. Many of those who have called for immigration restrictions have also sought an end to the racial and cultural diversity brought by immigrants. With the end of legally sanctioned race discrimination in the 1960s, immigration rhetoric has lost some of its overt racist overtones. However, in the 1990s, many politicians and lawmakers have emphasized the difference between “legal” and “illegal” immigration. This change begs a central question: Have the racist motivations of past immigration law and policy been completely displaced by a concern for law and order? This Comment …

Organ Retrieval From Anencephalic Infants: Understanding The Ama’S Recommendations, David Orentlicher

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No abstract provided.

When Is Time Brokerage A Transfer Of Control? The Fcc's Regulation Of Local Marketing Agreements And The Need For Rulemaking, Michael Lewyn

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No abstract provided.

When Is Cumulative Voting Preferable To Single-Member Districting?, Michael Lewyn

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No abstract provided.

Refusals To Deal In "Locked-In" Health Care Markets Under Section 2 Of The Sherman Act After Eastman Kodak Co. V. Image Technical Services, James F. Ponsoldt

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In the Kodak context, several common health care provider practices, previously challenged with varying results under traditional antitrust analysis, may be reexamined to focus upon the effect of refusals to deal in a secondary market with potential competitors in that secondary market. This Article focuses on three such practices: (1) the non-immunized revocation of hospital staff privileges for other than legitimate, quality-of-care motives; (2) the denial of hospital privileges to differentially credentialed, state-licensed providers; and (3) the closure of membership in comprehensive health care plans, such as preferred-provider organizations, combined with a refusal to deal with nonmembers. These practices should …

Foreword: A New Journal Of Color In A "Colorblind" World, Frank Rudy Cooper, Jerome Mccristal Culp Jr, Lovita Tandy

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In this foreword for the inaugural issue of the African-American Law & Policy Report (ALPR), Professor Frank Rudy Cooper and his colleagues present articles, which contribute to the debate that this premier issue presents: an important discussion about race that majoritarian concerns impede. The majoritarian story basically states that race is not important or race can only be examined in a "colorblind" way or that race can only be considered if we do not upset the existing power arrangements that keep African Americans and other racial groups in their place. This journal is important to ventilate those concerns because the …

Two Cheers For Specialization, Jeffrey W. Stempel

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Professor Dreyfuss adopts what might be termed the more conservative and deferential view of the efficacy of Delaware corporate law in her paper and her presentation. This approach generally views the market as making a statement with which one should not lightly quarrel. Because Delaware continues to attract incorporations, this view posits that the state's attraction is the superiority of its corporate law compared to other states, which lack a semi-specialized Chancery Court. Consequently, in a race to the top of corporate standards, legal rules and adjudications, Delaware's success in the market suggests that Delaware's legal product is good.

Other …

Democratic Responses To International Terrorism, Christopher L. Blakesley

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This volume provides a multidisciplinary study of terrorism. The editor notes at the outset the difficulty of definition: "Terrorism is not a one-dimensional problem; it transcends many frontiers: political, jurisdictional, institutional, disciplinary and methodological. So approaching the problem from only one perspective may lead to only partial understanding and an incomplete strategy for developing constructive responses” (p. 3). Note the tendency of even this careful statement to assume that terrorism is always committed by others, Also, although legal definition and consideration may be implied by the terms polical, jurisdictional, institutional and disciplinary, which are indicated as various dimensions of …

Desperately Seeking Science, Francis J. Mootz Iii

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In this commentary I offer a lawyer’s view of what law and linguistics interdisciplinary studies might mean for legal practice, as well as a legal theorist’s view of what importance they may hold for jurisprudence. I do not pretend to have more than cursory knowledge about linguistics, and so my remarks about what linguistics scholars might gain from an interdisciplinary exchange necessarily will be brief general.

The Separate Tax Status Of Loan-Out Corporations, Mary Lafrance

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When professionals and other persons who offer their goods and/or services to the public conduct their businesses through corporations, the Treasury has acknowledged that for federal income tax purposes it must treat those corporations as separate and distinct from their controlling shareholder-employees, even where there is only a single shareholder-employee, provided that the corporation has a business purpose and the taxpayer consistently respects the corporate form. However, the Treasury has refused to accord equal dignity to incorporated workers who offer their services not to the public at large but to a single recipient or a small number of recipients. The …

Days Of Our Lives: The Impact Of Section 197 On The Depreciation Of Copyrights, Patents And Related Property, Mary Lafrance

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For federal income tax purposes, owners of intangible property generally must capitalize the costs of creating or acquiring that property. In the past, the tax rules for recovering these capitalized costs through depreciation deductions varied greatly according to the nature of the intangible. Certain types of acquired intangibles--notably, goodwill and going concern value--were nondepreciable. In contrast, taxpayers purchasing interests in copyrights or patents could depreciate those assets under the straight-line method or, in most cases, could opt for more rapid cost recovery under the income forecast method.

In the Omnibus Budget Reconciliation Act of 1993, Congress greatly enlarged the class …

The Lawyer's Dirty Hands, Leslie C. Griffin

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No abstract provided.

The End Of Roman Juristic Writing, Alan Watson

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The traditional date for the end of classical Roman law is 235 when the emperor Alexander Severus was murdered, or slightly later with the death of Modestinus, the last of the great known jurists. Thereafter, few original juristic books were written, and it is widely but not universally believed that a decline in legal standards began almost at once.

For many scholars there seems to exist a connection, sometimes simply implicit, between the failure of jurists to write new books, and a decline in legal standards. I should like to suggest there was a different reason for jurists ceasing to …

Economics As One Of The Humanities; An Ecumenical Response To Weisberg, West, And White, Paul J. Heald

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The Law and Literature movement seems to have a deadly adversary: the Law and Economics movement. Several of the most respected literary lawyers have recently argued that economic discourse subverts the goals of humanistic scholarship. Richard Weisberg decries, for example, “the insurgency of ‘free market’ economics, a disgracefully self-serving system of ethical reductionism and human evasion [that has] attracted masses of practitioners away from the essence of their fields, away from the passions, the hopes, the reality of the world around them.” Robin West has criticized “economic man” for his “empathic impotence,” and has suggested replacing him with a more …

The Impact Of The Garcia Decision On The Market-Participant Exception To The Dormant Commerce Clause, Dan T. Coenen

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In National League of Cities v. Usery, the Supreme Court recognized a strong state-sovereignty-based limit on Congress's exercise of its commerce power. In Garcia v. San Antonio Metropolitan Transit Authority, however, the Court overruled National League of Cities, relying in part on past difficulties in trying to distinguish between protected state “governmental” activities and unprotected state “proprietary” activities. In the wake of Garcia, commentators have urged that its reasoning undermines the Court's longstanding exemption of state proprietary activities from dormant Commerce Clause challenge under the so-called “market-participant” doctrine.

In this article, Professor Dan Coenen refutes this argument by showing that …

Procrustean Jurisprudence: Squeezing Legal Philosophy Into An Already Crowded Law School Curriculum, J. Stanley Mcquade

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No abstract provided.

Homosexuality And Military Service: Legislation, Implementation, And Litigation, William A. Woodruff

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No abstract provided.

Gays In The Military: What About Morality, Ethics, Character And Honor, William A. Woodruff, Arthur A. Murphy, Leslie M. Macrae

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No abstract provided.

A Reply To Professor Koppelman, William A. Woodruff

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No abstract provided.

Religiously Affiliated Law Schools: Macro-Dynamics In Contemporary Culture, Lynn R. Buzzard

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No abstract provided.

A Christian Law School: Images And Vision, Lynn R. Buzzard

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No abstract provided.

Interpreting Insurance Policies, Jeffrey W. Stempel

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Like any other contract, an insurance policy may become the subject of a legal dispute. When disputes arise over insurance coverage, lawyers must combine their skill in contract interpretation with their knowledge of insurance law, bringing both to bear on the special problems related to this type of contract. Each dispute has unique traits, but a few basic ground rules of contract law and insurance law can help you interpret insurance policies and resolve disputes over insurance coverage.

The European Bank For Reconstruction And Development And The Post-Cold War Era, John Linarelli

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No abstract provided.

An Examination Of The Proposed Crime Of Intervention In The Draft Code Of Crimes Against The Peace And Security Of Mankind, John Linarelli

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No abstract provided.

Regulatory Takings And Ripeness In The Federal Courts, Gregory M. Stein

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The Supreme Court held in 1987 that compensation is required automatically whenever a municipality takes property by regulation. The Court has also held repeatedly that federal courts cannot even hear such claims until the landowner meets a demanding ripeness test. Landowners are often unable to survive the protracted ripening period even though their claims might ultimately have proved to be valid. And the occasional municipality that loses a takings case may be liable for a huge award that reflects the lengthy ripening period. Federal courts have persistently refused to acknowledge this tension between takings law and takings procedure. This Article …

The Gulf Of Mexico, The Academy, And Me, Fran Ansley

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No abstract provided.

Freeing Property Owners From The Rap Trap: Tennessee Adopts The Uniform, Amy Morris Hess

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No abstract provided.

Employment Discrimination: Recent Developments In The Supreme Court (The Supreme Court And Local Government Law: The 1994-1995 Term), Eileen Kaufman

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No abstract provided.

Employment Discrimination: Recent Developments In The Supreme Court (Symposium: The Supreme Court And Local Government Law, 1993-1994 Term), Eileen Kaufman

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No abstract provided.