Law Commons^™

The Unworkability Of Court-Made Enterprise Liability: A Reply To Geistfeld, Aaron Twerski, J. A. Henderson

Faculty Scholarship

No abstract provided.

Impracticability, Mutual Mistake And Related Contractual Bases For Equitability Adjusting The External Debt Of Sub-Saharan Africa, Jon H. Sylvester

Publications

No abstract provided.

Particularity And Generality: Challenges Of Feminist Theory And Practice In Work On Woman-Abuse, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Your Guide To Conflicts Of Interest Law: How We Govern Our Public Officials, Senate Local Government Committee

California Senate

A conflict of interest occurs when a public official participates in a governmental decision which would affect a financial interest. A conflict of interest takes away from the goal of the public official's job of enacting good public policy.

The conflict of interest laws keep public officials honest and prevent them from using their public office for private financial gain. These laws can be difficult to understand and sometimes harder to find. This guide will help you do both.

Procedural Due Process In Guidelines Sentencing, Susan Herman

Faculty Scholarship

No abstract provided.

Debalkanize The Telecommunications Marketplace, Nicholas Allard, Theresa T. Lauerhass

Faculty Scholarship

No abstract provided.

"An Introduction To The European Economic Community And Intellectual Properties, Beryl R. Jones-Woodin

Faculty Scholarship

No abstract provided.

"Comparing Medical Provider Performance: A First Look At The New Era Of Medical Statistics", Neil B. Cohen, Aaron D. Twerski

Faculty Scholarship

No abstract provided.

Thelma And Louise And Bonnie And Jean: Images Of Women As Criminals, Susan Herman

Faculty Scholarship

No abstract provided.

Class Action, Winter 1992

Class Action

No abstract provided.

Book Review: The North Carolina Legal Deskbook, Timothy L. Coggins

Law Faculty Publications

A book review on The North Carolina Legal Deskbook: The Common Sense Approach 1992-93.

Protecting Defamatory Fiction And Reader-Response Theory With Emphasis On The German Experience, Henry Ordower

All Faculty Scholarship

Examines the litigation in Germany surrounding the publication of Klaus Mann's novel Mephisto. Analyzes the concepts of libel and defamation in fictional works and concludes that neither injunctive relief nor damages is appropriate because of the limited risk of injury and the potential for adverse impact on creative expression.

'Coming To Our Senses': Communication And Legal Expression In Performance Cultures, Bernard J. Hibbitts

Articles

This article examines how semi-literate or largely non-literate cultures having little or no experience with writing ("performance cultures") communicate and express law and legal meaning through the orchestrated use of the physical senses. It first examines how each of the senses - hearing (sound), sight, touch, smell and taste - is brought to bear in the cultural and legal experience of performance-based societies. It then considers how and why members of performance cultures "perform", i.e. use and combine various sensory media in single messages, and describes how and why they use the same strategy in creating law and legal expression. …

The Tail That Wagged The Dog: Bifurcated Factfinding Under The Federal Sentencing Guidelines And The Limits Of Due Process, Susan Herman

Faculty Scholarship

No abstract provided.

Nurturing The Impulse For Justice, Lynne Henderson

Scholarly Works

No abstract provided.

International Judicial Assistance, Christopher L. Blakesley

Scholarly Works

The general or even specialized practitioner faces serious difficulties as the world shrinks and the practice of law frequently transcends international boundaries. In the civil and commercial arena, issues of discovery and service of documents abroad, others relating to judicial assistance from foreign courts, available to American courts or individual litigants, and assistance available from American courts for foreign governments and individual litigants, can be mindboggling. In an age where transnational litigation (that is, domestic litigation that touches upon one or more foreign jurisdictions) is rapidly increasing, counsel could be guilty of malpractice if counsel takes action abroad that proves …

Where Were The Lawyers?, Mary E. Berkheiser, Ed Hendricks

Scholarly Works

In March 1992, the Office of Thrift Supervision sent shock waves through the legal community when it initiated a $275 million enforcement actions against New York’s Kaye, Scholer, Fierman, Hays & Handler and froze the firm’s assets, all based on the firm’s alleged misdeeds in representing the now-defunct Lincoln Savings & Loan. The OTS action, together with the recent spate of prefessional liability suits by the Resolution Trust Corporation and the Federal Deposit Insurance Corporation, raises questions with far-reaching consequences for the legal profession. Perhaps most disturbing, particularly in light of the OTS’s unprecedented assault on Kaye, Scholer, is the …

State Support Of International Terrorism: Legal, Political And Economic Dimensions, Christopher L. Blakesley

Scholarly Works

In this piece, Professor Blakesley reviews “State Support of International Terrorism: Legal, Political, and Economic Dimensions” by John F. Murphy.

The Need For An International Criminal Court In The New International World Order, Christopher L. Blakesley

Scholarly Works

Any inquiry into the merits of an international criminal court must start with resolving three basic issues:

1. Can the tribunal improve international cooperation in law enforcement, add to the capabilities of the various nations in matters of international criminal law, or contribute in any incremental way to the solution of international and transnational criminal law problems by improving the current practice and enhancing the effectiveness of all concerned?

2. Will the recommended system have a better or equal chance of operating as effectively as the best existing systems of national criminal justice?

3. Will the recommended system improve efficiency …