Law Commons^™

Dominican Republic’S Disgrace, Laurel E. Fletcher

Laurel E. Fletcher

No abstract provided.

Which Kind Of Legal Order? Logical Coherence And Praxeological Coherence, Mario Rizzo

Mario Rizzo

This article addresses the classic question: How can the common law ensure relative certainty of expectations and also adapt to economic or other changes in society?

Principled Adjudication: Tort Law And Beyond, Richard W. Wright

Richard W. Wright

The article briefly discusses the impossibility of a strict formalist or positivist approach to legal adjudication and the necessity and plausibility of a principled approach, according to which it is necessary to resort, explicitly or implicitly, to the principles underlying the positive expressions or sources of law to identify, interpret and apply the law, in easy as well as hard cases. The legitimacy of the principled approach crucially depends on resort to the community's moral principles as embedded in the existing law -- those moral principles which best explain as much as possible of the existing law -- rather than …

Floating A University Website: If You're Going To Fish, Bring The Right Bait, Oscar T. Mcknight, Ronald Paugh

Oscar T McKnight Ph.D.

Visual and printed information desired by precollege students were examined using a cluster technique. Significant relationships between the ACT score and student preferences were found. Several recommendations are offered to assist college and university administrators integrate the research and interactivity of the Web into their overall marketing strategy.

It-Cenit, Horacio M. Lynch, Mauricio Devoto

Horacio M. LYNCH

En noviembre de 1999, ITCENIT ha publicado un informe que analiza el impacto de las nuevas tecnologías de la información y comunicaciones en la economía de la Argentina. Advierte sobre la oportunidad económica que la Argentina está desaprovechando al no estar preparada para ingresar en la Era de la Información, y del riesgo que corre de quedar notablemente retrasada con respecto a otros países. Este trabajo, resultado de tres años de reflexiones, ha sido especialmente preparado para sugerir ideas al nuevo gobierno que asumía en diciembre de 1999, e incluye una propuesta concreta con el fin de introducir en nuestra …

Audiotaped Critiques Of Written Work, Elisabeth Keller

Elisabeth Keller

No abstract provided.

Writing Labs: Commenting On Student Work-In-Progress, E. Joan Blum

E. Joan Blum

No abstract provided.

Mtbe: Can The Controversy Be Contained?, Richard Faulk

Richard Faulk

Controversy concerning the gasoline additive MTBE may mark the beginning of yet another mass tort explosion as incresing numbers of toxic tort and environmental cases are filed alleging MTBE contamination. This article provides background information on the emerging issues.

La Conoscenza, L'Interpretazione E L'Applicazione Della Legge Straniera Da Parte Del Giudice Civile Tedesco, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

Exceção De Pré-Executividade, Nelson Rodrigues Netto

Nelson Rodrigues Netto

No abstract provided.

A User's Guide To Proposals To Replace The U.S. Tax System And Strangle Fiscal Policy, Neil H. Buchanan

Neil H. Buchanan

This article reviews several familiar plans to alter the structure of taxation, including the flat tax, a VAT, and the USA Tax. With the significant exception of a simplified income tax system, every plan to replace the current U.S. federal tax system would move us in precisely the wrong direction. These plans would abandon income taxation entirely in an attempt to solve problems that do not exist, and they are based on a flawed ideal of a neutral tax code. The companion to these plans is an even more misguided set of proposals (some in the form of constitutional amendments) …

The Right To Know?: Delimiting Database Protection At The Juncture Of The Commerce Clause, The Intellectual Property Clause, And The First Amendment, Malla Pollack

Malla Pollack

The people of the United States have a constitutional right to know; the government has a duty not to block access to information. The First Amendment and the Intellectual Property Clause cabin the Commerce Clause. Congress cannot create a quasi-property right to exclude others from information without clearly demonstrating market failure. Sui generis protection of data bases does not meet this threashold requirement.

Awarding Costs And Attorneys’ Fees In International Commercial Arbitrations, John Y. Gotanda

John Y Gotanda

No abstract provided.

Of Marriage And Monks, Community And Dialogue (Review Of John Witte Jr., From Sacrament To Contract: Marriage, Religion, And Law In The Western Tradition, 1997) (Invited), Patrick Mckinley Brennan

Patrick McKinley Brennan

No abstract provided.

Commodifying Liability, Robert D. Cooter

Robert Cooter

No abstract provided.

2. Are Battered Women Bad Mothers? Rethinking The Termination Of Abused Women’S Parental Rights For Failure To Protect., Thomas D. Lyon

Thomas D. Lyon

Http://Www.Supplements4lifetime.Com/Apx-Male-Enhancement/, Wysocki John

Wysocki john

The New Accountant-Client Privilege Provision: A Partial Step Forward For Nonattorney Practitioners, Francine J. Lipman, James E. Williamson

Francine J. Lipman

For years accountants have argued that nonattorney tax preparers' communications with their clients should be protected by the same privilege that applies to attorney-client communications. Accountants argue that without such privileged confidentiality, clients might be reluctant to disclose information that tax practitioners must have to properly prepare their clients' tax returns. Accountants also believe that to properly represent their clients in tax controversies, their accountant-client communications must be protected. Without such privilege, nonattorney tax practitioners are often hesitant to probe into areas that should be analyzed, because of their legitimate concerns that their accountant-client communications are not protected. On the …

Forgotten Equity: The Enforcement Of Forum Clauses, Graydon S. Staring

Graydon S. Staring

When courts differ widely and sharply on which of three or four procedural courses shouold be taken to enforce a contractual right of unquestioned validity, and every such course openly strains orthodox procedural doctrine, we may suslpect they are all wrong. We can confirm that they are wrong when we recognize the right in question is not a procedural incident at all but the right to a substantive performance, bargained for by the parties, that has about it an illusory appearance of procedure and, because of its substance, does not fit comfortably within merely procedural doctrine. Such is the right …

The Interaction Between The Perishable Agricultural Commodities Act And The Bankruptcy Code: Another Trap For The Unwary, C. Scott Pryor

C. Scott Pryor

No abstract provided.

Mediation Training To Improve Police Social Interaction Skills, Christopher C. Cooper

Christopher C. Cooper Dr.

MEDIATION TRAINING TO IMPROVE POLICE SOCIAL INTERACTION SKILLS. THE FEBRUARY SHOOTING DEATH OF AN UNARMED AFRICAN IMMIGRANT, AMADOU DIALLO, IN A HAIL OF 41 BULLETS FIRED BY FOUR WHITE NEW YORK CITY POLICE OFFICERS HAS FOCUSED ATTENTION ON MISTREATMENT OF PEOPLE OF COLOR BY POLICE NOT ONLY IN NEW YORK BUT THROUGHOUT THE UNITED STATES. WHETHER IT IS NEW YORK CITY OR KANASA CITY, I BELIEVE THAT WE AS ENTER INTO A NEW MILLENIUM , POLICE TRAINING NEEDS TO BE TAKEN TO THE NEXT LEVEL. IF PATROL POLICE OFFICERS INTERACT WITH CITIZENS USING MEDIATION SKILLS AND ADDRESS INTERPERSONAL DISPUTES USING …

The Erotics Of Virtue (Obituary Essay On Dominique Aury/Pauline Reage, Author Of Story Of O), Kenneth Anderson

Kenneth Anderson

Interpreting Shadows: Arms Control And Defense Planning In A Rapidly Changing Multi-Polar World, David R. King

David King

Cold War thinking continues to guide United States' policy in the Post-Cold War environment. Continuing to pursue policies forged during the Cold War will not be adequate to address proliferation for two reasons. First, Cold War policies do not reflect changes in the world in respect to other major or regional powers. Second, current policies overlook potential long-term counterproductive consequences. Adopting an overarching national policy on arms control will require understanding different world views of the United States, other major powers, and regional powers.

Caveat Loquens: Let The Speaker Beware, William A. Herbert

William A. Herbert

This article discusses the gap between First Amendment expectations and realities with respect to the scope of protected speech in the public sector workplace. While it is highly unlikely that the courts will recognize a qualified immunity against adverse action for traditional First Amendment activities, the article highlights the difficulty that both public employers and employees face in trying to discern the scope and limitations of protections emanating from the First Amendment.

Efficiency And Equal Protection In The New European Contract Law: Mandatory, Default And Enforcement Rules, Ugo Mattei

Ugo Mattei

No abstract provided.

Filing Nationwide Perfectly Or Get With The Trend, Michael Spak

Michael Spak

No abstract provided.

Judges As Tort Law Un-Makers: Recent California Experience With "New" Torts, Stephen D. Sugarman

Stephen D Sugarman

Part of the DePaul Law School's 1999 Clifford Symposium, this article explores the role of "judges as lawmakers" by examining the tort law decisions of the California Supreme Court for the past 15 years -- the final three years that Chief Justice Rose Bird sat on the court and the twelve years after she was removed from office. The article presents the sea change in tort law thinking, doctrine and results that have taken place over this period of time -- essentially through the abandonment of notions of enterprise liability (Calabresi thinking about cheaper cost avoiders and cheaper loss spreaders). …

Enforcement Of Settlement Contracts: The Problem Of The Attorney Agent, Grace M. Giesel

Grace M. Giesel

The issue of the enforceability of settlement agreements entered into by an attorney on behalf of a client is the subject of much confusing judicial comment. this article urges a return to traditional agency concepts. While not widely accepted in the United States, the position that retention of an attorney creates authority should be viewed as a logical and viable position not inconsistent with other rules of law or ethics.

Nato Action Unwisely Undercuts U.N., C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

Moving From Criminal To Family Court, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.