Law Commons^™

Teaching Law With Computers (With Richard Warner & Will Sadler), Stephen D. Sowle

Stephen D. Sowle

No abstract provided.

An Historical Analysis Of The Binding Effect Of Class Suits (Co-Authored With G. Hazard Jr. & J. Gedid), Stephen D. Sowle

Stephen D. Sowle

No abstract provided.

Electronic Freedom Of Information, Henry H. Perritt

Henry H. Perritt, Jr.

No abstract provided.

Book Review (Reviewing, Richard N. Haas, The Reluctant Sheriff: The United States After The Cold War, Henry H. Perritt

Henry H. Perritt, Jr.

No abstract provided.

The Internet Is Changing International Law, Henry H. Perritt

Henry H. Perritt, Jr.

No abstract provided.

The Internet As A Threat To Sovereignty? Thoughts On The Internet's Role In Strengthening National And Global Governance, Henry H. Perritt

Henry H. Perritt, Jr.

No abstract provided.

The Supreme Court As An Enforcement Agency, Harold J. Krent

Harold J. Krent

No abstract provided.

Juries And Damages: A Commentary, Nancy S. Marder

Nancy S. Marder

No abstract provided.

Gatt Non-Violation Issues In The Wto Framework: Are They The Achilles’ Heel Of The Dispute Settlement Process?, Sungjoon Cho

Sungjoon Cho

No abstract provided.

Righting The Balance: An Inquiry Into The Foundations And Limits Of Freedom Of Expression, Steven J. Heyman

Steven J. Heyman

Contemporary disputes over the First Amendment often result in deadlock. One side stresses the paramount value of free speech, while the other side points to the harms that particular kinds of speech can cause. It is difficult to see how this impasse can be broken without a more general account of the scope of free expression: a view that integrates both the justifications and the limits of freedom of speech into a coherent whole. This Article makes a start toward developing such a theory. Its central thesis is that freedom of speech is a right that is limited by the …

Fathers And Parental Leave Revisited, Martin H. Malin

Martin H. Malin

No abstract provided.

Transgressive Cause Lawyering, Stuart Scheingold, Anne Bloom

Anne Bloom

No abstract provided.

Campaigns Against Gender Violence (1977-1993), Professor Vibhuti Patel

Professor Vibhuti Patel

The women's movement in India launched campaigns against rape, domestic violence, sexism in advertisements as well as against state repression during caste and communal riots in the early eighties. Before that, during the postemergency period of 1977-1980, small groups of women's rights activists in Hyderabad, Bombay, Delhi and Madras had started taking up individual cases of custodial rape, deaths of-housewives under mysterious circumstances and excesses by the state enforcement machinery during caste/communal riots which had increased in number and intensity of violence. The mass of poor women involved in the struggles of the tribal people, the industrial working classes and …

Permissible Content Discrimination Under The First Amendment: The Strange Case Of The Public Employee, Lawrence Rosenthal

Lawrence Rosenthal

The speech of public employees poses special problems under the First Amendment. As Justice O'Connor once explained, a rule that forbids employees who deal with the public from being rude to customers should be permissible in the public sector, even though a statute containing the very same prohibition would be considered impermissibly vague when applied to private-sector employees. Recognizing that a special rule for public employees is necessary, the Supreme Court has held that only when public employees speak on a matter of public concern does their speech qualify for constitutional protection, and even then, the employee's interest must be …

Four Entries, Richard Adelstein

Richard Adelstein

Four entries: "American Institutional Economics and the Legal System" (I: 61-66); "John Rogers Commons" (I: 324-327); Richard Theodore Ely" (II: 28-29); and "Plea Bargaining: A Comparative Approach"

Asking Leopards To Change Their Spots: Can Lawyers Change? A Critique Of Solutions To Professionalism By Reference To Empirically-Derived Attributes, Susan Daicoff

Susan Daicoff

No abstract provided.

The Immutability Of Faith And The Necessity Of Action, Randy Lee

Randy Lee

No abstract provided.

Educational Fair Use In Copyright: Reclaiming The Right To Photocopy Freely, Ann Bartow

Ann Bartow

Copyright owners who are affirmatively engaged in diminishing the scope of educational fair use are overwhelmingly publishers, rather than authors. These publishers attack educational fair use in several different, somewhat internally inconsistent ways. First, they argue that fair use reduces the profitability of their publications, and thereby reduces monetary incentives to undertake the publication of new works. In this way they characterize educational fair use as a threat to the creation and dissemination of future works of scholarship, rather than an escape valve through which current knowledge embodied in prohibitively expensive books and periodicals can leak to the impoverished. Publishers …

Coherence And Incoherence In Values-Talk, Paul R. Tremblay

Paul R. Tremblay

No abstract provided.

Regional Konsumtion I Eu Hindrar Parallellimport Från Lågprisländer, Hans Henrik Lidgard

Hans Henrik Lidgard

No abstract provided.

Note, Identifying And Valuing The Injury In Lost Chance Cases, Todd S. Aagaard

Todd S Aagaard

The Thrust And Parry Of Federal Indian Law, Blake A. Watson

Blake A Watson

This article sets forth and critiques contradictory pronouncements by the Supreme Court in the field of federal Indian law. The failure to acknowledge such conflicting statements has led to doctrinal incoherence and a tendency toward judicial subjectivism, which in turn threatens to undermine foundational principles of tribal political status and tribal governmental authority. The appendix to the article lists all Supreme Court cases involving Indian law issues from 1800 to 1998.

Innoculating Against The Financial Flu, Cynthia C. Lichtenstein

Cynthia C. Lichtenstein

No abstract provided.

Stealth Statute – Corruption, The Spending Power, And The Rise Of 18 U.S.C. § 666, George D. Brown

George D. Brown

No abstract provided.

Organic Constitutions, Ruth Gordon

Ruth Gordon

No abstract provided.

Three Concepts Of Law: The Ambiguous Legacy Of H.L.A. Hart, Brian Slattery

Brian Slattery

No abstract provided.

When Did Education Become A Civil Right? An Assessment Of State Constitutional Provisions For Education, 1776-1900, John C. Eastman

John C. Eastman

This article provides a comprehensive review of provisions for public education found in American state constitutions from 1776 through 1900, chronologically tracing the pedigrees of the different formulations. It concludes that most provisions merely provided hortatory guidelines for legislatures, not judicially-enforceable rights to specific levels of taxpayer-supported education, and that even the few state constitutional provisions that appeared to impose certain mandates on the state legislatures were not interpreted in that fashion. Instead of a rights-based jurisprudence, equal protection analysis took over following adoption of the Fourteenth Amendment, leading courts to focus on the equality of funding inputs rather than …

Developments In State Constitutional Law: Due Process, Jill E. Family

Jill E. Family

No abstract provided.

The Foreign Base Company Sales Income Of Controlled Foreign Corporations, Eric T. Laity

Eric T. Laity

No abstract provided.

Normative Framework Of International Humanitarian Law: Overlaps, Gaps, And Ambiguities, M. Bassiouni

M. Cherif Bassiouni

No abstract provided.