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Selected Works

1996

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Articles 1 - 30 of 140

Full-Text Articles in Law

Official Oppression: A Historical Analysis Of Low-Level Police Abuse And A Modern Attempt At Reform, David Cohen Nov 1996

Official Oppression: A Historical Analysis Of Low-Level Police Abuse And A Modern Attempt At Reform, David Cohen

David S Cohen

No abstract provided.

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Third Party Rights In Criminal Forfeiture Cases, Stefan D. Cassella Oct 1996

Third Party Rights In Criminal Forfeiture Cases, Stefan D. Cassella

Stefan D Cassella

This article discusses the statutory procedures and the case law regarding the adjudication of the rights of third parties in property that a defendant has been ordered to forfeit in a criminal case. In particular, it discusses the ancillary proceeding governed by 21 U.S.C. 853(n) in detail. The case law references are now outdated and have been superceded by the discussion in Chapter 24 of the author's treatise, Asset Forfeiture Law in the United States. Nevertheless the article provides a good introduction to the topic.

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The Case For Color-Blind Distress Sales, Michael E Lewyn Sep 1996

The Case For Color-Blind Distress Sales, Michael E Lewyn

Michael E Lewyn

An article I wrote while in practice, proposing reforms in the FCC's "distress sale" program.

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Judicial Ethics, Law Clerks And Politics, Gerald Lebovits Sep 1996

Judicial Ethics, Law Clerks And Politics, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

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3. The Relevance Ratio: Evaluating The Probative Value Of Expert Testimony In Child Sexual Abuse Cases., Thomas D. Lyon, Jonathan J. Koehler Aug 1996

3. The Relevance Ratio: Evaluating The Probative Value Of Expert Testimony In Child Sexual Abuse Cases., Thomas D. Lyon, Jonathan J. Koehler

Thomas D. Lyon

It is hard to overstate the importance of expert testimony in American courtrooms. Much of this testimony concerns scientific matters that are beyond the ken of ordinary experience.  In cases where scientific matters play a central role, jurors may give substantial weight to expert testimony or even treat it as dispositive.  Standards pertaining to the admissibility of scientific testimony are critical to the outcome in many trials.

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Consumer Transactions And The Code: Some Considerations, Kathleen Patchel, Amelia H. Boss Jul 1996

Consumer Transactions And The Code: Some Considerations, Kathleen Patchel, Amelia H. Boss

Amelia Boss

No abstract provided.

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Values We Can Afford: Protecting Constitutional Rights In An Age Of Terrorism, Daniel M. Filler Jul 1996

Values We Can Afford: Protecting Constitutional Rights In An Age Of Terrorism, Daniel M. Filler

Daniel M. Filler

No abstract provided.

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Awarding Interest In International Arbitration, John Y. Gotanda Jul 1996

Awarding Interest In International Arbitration, John Y. Gotanda

John Y Gotanda

No abstract provided.

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1. The Law And Psychology Of The Child Witness. (Review Of The Book Child Witnesses: Fragile Voices In The American Legal System, By L. S. Mcgough. ), Thomas D. Lyon Jul 1996

1. The Law And Psychology Of The Child Witness. (Review Of The Book Child Witnesses: Fragile Voices In The American Legal System, By L. S. Mcgough. ), Thomas D. Lyon

Thomas D. Lyon

McGough's goal is to summarize the developmental psychological research relevant to children's capacities as witnesses and to make recommendations for how the courts should receive children's testimony. In her review, she concludes that children under the age of 12 are deficient: They encode less detail, they fantasize more, they confuse fantasy with reality, they incorporate script based knowledge into their memory, and they are suggestible, both because they acquiesce to authority and because their memory is susceptible to external influence.

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3. The Effect Of Threats On Children’S Disclosure Of Sexual Abuse., Thomas D. Lyon Jul 1996

3. The Effect Of Threats On Children’S Disclosure Of Sexual Abuse., Thomas D. Lyon

Thomas D. Lyon

Do abused children refuse to disclose their abuse because they have been threatened by their perpetrators? In Jeopardy in the Courtroom: A Scientific Analysis of Children's Testimony, a book that many believe may have a substantial impact on child witness law and practice, Professors Stephen Ceci and Maggie Bruck argue that there is little empirical basis for this "professional `lore"' (Ceci & Bruck, 1995, pp. 300-301).

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Children Going West (Review Essay Of Hillary Clinton, It Takes A Village), Kenneth Anderson Jul 1996

Children Going West (Review Essay Of Hillary Clinton, It Takes A Village), Kenneth Anderson

Kenneth Anderson

This Times Literary Supplement (London) review essay from 1996 takes up Hillary Rodham Clinton's It Takes a Village and Other Lessons Children Teach Us, and Emmy E. Werner's, Pioneer Children on the Journey West. The review takes a tough line against the therapeutic yet simultaneously authoritarian ethic of Clinton's book; it argues that Clinton has essentially conflated a set of local community institutions - places of identity - with state institutions of therapeutic and social control - bureaucratic loci of state management of deracinated, passive individuals. It sets this against the ethic of responsibility evoked in the diaries of girls …

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Unhelpful, Alfred C. Yen Jun 1996

Unhelpful, Alfred C. Yen

Alfred C. Yen

No abstract provided.

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The Theory Of Market Modernization Of Law, Robert D. Cooter May 1996

The Theory Of Market Modernization Of Law, Robert D. Cooter

Robert Cooter

No abstract provided.

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Comparative Judicial Discretion: An Empirical Test Of Economic Models, Robert D. Cooter, Tom Ginsburg May 1996

Comparative Judicial Discretion: An Empirical Test Of Economic Models, Robert D. Cooter, Tom Ginsburg

Robert Cooter

No abstract provided.

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A Statistical Analysis Of Asian Americans And The Affirmative Action Hiring Of Law School Faculty, Alfred C. Yen Apr 1996

A Statistical Analysis Of Asian Americans And The Affirmative Action Hiring Of Law School Faculty, Alfred C. Yen

Alfred C. Yen

No abstract provided.

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Our Common Future, American Style (Reviewing President’S Council On Sustainable Development, Sustainable America (1996)), John C. Dernbach Apr 1996

Our Common Future, American Style (Reviewing President’S Council On Sustainable Development, Sustainable America (1996)), John C. Dernbach

John C. Dernbach

No abstract provided.

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A New Class Of Lawyers: The Therapeutic As Rights Talk, Kenneth Anderson Apr 1996

A New Class Of Lawyers: The Therapeutic As Rights Talk, Kenneth Anderson

Kenneth Anderson

This 1996 essay reviews three books: Anthony T. Kronman, 'The Lost Lawyer: Failing Ideals of the Legal Profession' (Belknap 1993); Steven Brint, 'In an Age of Experts: The Changing Role of Professionals in Politics and Public Life' (Princeton 1994); and Christopher Lasch, 'The Revolt of the Elites and the Betrayal of Democracy' (WW Norton 1995). The review essay argues that lawyers in the United States should be seen as part of the professional New Class who use the law as a monopoly in the management by elites of the rest of society. The review examines the history of New Class …

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2. Assessing Children's Competence To Take The Oath: Research And Recommendations., Thomas D. Lyon Apr 1996

2. Assessing Children's Competence To Take The Oath: Research And Recommendations., Thomas D. Lyon

Thomas D. Lyon

With all of the attention paid to children's performances as witnesses once on the stand, their ability to qualify to take the stand has been relatively neglected. Most courts require that in order to testify, a witness must first take the oath. In its most simple form, an oath is a promise to tell the truth. Taking the oath presupposes that one understands what it means to tell the truth, and that one appreciates one’s obligation to tell the truth when promising to do so. If a young child does not understand the difference between the truth and lies, or …

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Cadillac Contracts And Up-Front Payments: Efficient Investment Under Expectation Damages, Aaron S. Edlin Mar 1996

Cadillac Contracts And Up-Front Payments: Efficient Investment Under Expectation Damages, Aaron S. Edlin

Aaron Edlin

This article shows that up-front payments can eliminate the overinvestment effect identified by Shavell (1980), by controlling which party breaches a contract. At the same time, "Cadillac" contracts (contracts for a very high quality or quantity) can protect against underinvestment due to Williamsonian holdups. This combination provides efficient investment incentives when courts use expectation damages as a remedy for breach. The expectation damages remedy is therefore well-suited to multidimensional but one-sided investment problems, in contrast to specific performance, which is well-suited to two-sided but unidimensional investment problems.

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How Many Procedural Safeguards Does It Take To Get A Psychiatrist To Leave The Lightbulb Unchanged?, Donald Bersoff, Trudi Kirk Feb 1996

How Many Procedural Safeguards Does It Take To Get A Psychiatrist To Leave The Lightbulb Unchanged?, Donald Bersoff, Trudi Kirk

Donald N. Bersoff

No abstract provided.

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Partial Membership: Aliens And The Constitutional Community, Michael Scaperlanda Feb 1996

Partial Membership: Aliens And The Constitutional Community, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

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International Water Law And The Protection Of River Ecosystem Integrity, A. Dan Tarlock Feb 1996

International Water Law And The Protection Of River Ecosystem Integrity, A. Dan Tarlock

Dan Tarlock

No abstract provided.

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Federalism Without Preemption: A Case Study In Bioregionalism, A. Dan Tarlock Feb 1996

Federalism Without Preemption: A Case Study In Bioregionalism, A. Dan Tarlock

Dan Tarlock

No abstract provided.

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Environmental Law: Ethics Or Science, A. Dan Tarlock Feb 1996

Environmental Law: Ethics Or Science, A. Dan Tarlock

Dan Tarlock

No abstract provided.

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Note, Arbitrating Novel Legal Questions: A Recommendation For Reform, Michael A. Scodro Feb 1996

Note, Arbitrating Novel Legal Questions: A Recommendation For Reform, Michael A. Scodro

Michael A. Scodro

No abstract provided.

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Property And Innovation In The Global Information Infrastructure, Henry H. Perritt Feb 1996

Property And Innovation In The Global Information Infrastructure, Henry H. Perritt

Henry H. Perritt, Jr.

No abstract provided.

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Jurisdiction In Cyberspace, Henry H. Perritt Feb 1996

Jurisdiction In Cyberspace, Henry H. Perritt

Henry H. Perritt, Jr.

No abstract provided.

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Reassessing Professor Hibbitt's Requiem For Law Reviews, Henry H. Perritt Feb 1996

Reassessing Professor Hibbitt's Requiem For Law Reviews, Henry H. Perritt

Henry H. Perritt, Jr.

No abstract provided.

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Mapping The Information Superhighway, Henry H. Perritt Feb 1996

Mapping The Information Superhighway, Henry H. Perritt

Henry H. Perritt, Jr.

No abstract provided.

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Keeping The Government Out Of The Way: Project Labor Agreements Under The Supreme Court's Boston Harbor Decision, Henry H. Perritt Feb 1996

Keeping The Government Out Of The Way: Project Labor Agreements Under The Supreme Court's Boston Harbor Decision, Henry H. Perritt

Henry H. Perritt, Jr.

No abstract provided.

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