Law Commons^™

Of Diagnoses And Discrimination: Discriminatory Nontreatment Of Infants With Hiv Infection, Mary Crossley

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Evidence of physician attitudes favoring the withholding of needed medical treatment from infants infected with HIV compels a reassessment of the applicability and adequacy of existing law in dealing with selective nontreatment. Although we can hope to have learned some lessons from the Baby Doe controversy of the mid-1980s, whether the legislation emerging from that controversy, the Child Abuse Amendments of 1984, has ever adequately dealt with the problem of nontreatment remains far from clear. Today, the medical and social characteristics of most infants infected with HIV introduce new variables into our assessment of that legislation. At stake are the …

The Case Of The Disappearing Briefs: A Study In Preservation Strategy, Margaret A. Leary

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Federal appellate court records and briefs are significant to researchers in many disciplines, but academic law libraries are discarding them. Ms. Leary chronicles the demise of paper holdings in law libraries, the rise of microforms, and the contents and usage of the National Archives and Records Administration's files. She then derives principles for preservation strategies that may apply to other categories of legal material.

Exchange Loss Damages And The Uniform Foreign-Money Claims Act: The Emperor Hasn't All His Clothes, Ronald A. Brand

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In 1989, the National Conference of Commissioners on Uniform State Laws approved a new Uniform Foreign-Money Claims Act. This Act is designed to change and clarify the law regarding judgments on obligations denominated in a foreign currency. It does so by recognizing that old rules preventing judgment in a foreign currency - developed in times of a strong dollar - are inappropriate. Unfortunately, in seeking fairness for plaintiffs when the U.S. dollar is weak, the Act replaces rigid old rules with stiff new rules that fail to address the basic issue of appropriate damages for exchange rate losses. While the …

On Integrated Pollution Control, James E. Krier

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Integrated pollution control, or IPC, can be defined for now as an approach to environmental regulation that "seeks particularly to link air, water, and waste programs. Its concern is institutional changes that reduce total risk to the environment from pollutants." 8 This sounds remarkably appealing, which perhaps explains IPC's recurring popularity. As we shall see, it enjoyed a brief celebrity about twenty years ago, and it is once again in vogue-especially within the U.S. Environmental Protection Agency (EPA).

Is the Agency's recent interest in IPC a good thing? We worry that it is not. First of all, IPC has an …

Telling Tales In Court: Trial Procedure And The Story Model, Richard O. Lempert

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There are three ways in which stories may figure prominently at trials. First, litigants may tell stories to jurors. Not only is there some social science evidence that this happens, but trial lawyers have an instinctive sense that this is what they do. Ask a litigator to describe a current case and she is likely to reply, "Our story is ... " Second, jurors may try to make sense of the evidence they receive by fitting it to some story pattern. If so, the process is likely to feed back on itself. That is, jurors are likely to build a …

Some Caveats Concerning Dna As Criminal Identification Evidence: With Thanks To The Reverend Bayes, Richard O. Lempert

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The conference panel at which this paper was originally presented was structured along the lines of a debate. The three speakers who were supposed to advocate the use of DNA evidence were labeled, as is customary, Proponents. But those who were supposed to take the negative side were not called Opponents. Rather they were labeled Caveators. I do not know who is responsible for this label, but I think it gets things exactly right. To my mind anyone considering DNA as criminal identification evidence should be a Caveator. The promise and utility of DNA analysis in identifying the perpetrators of …

Dangerous Liaisons: Seduction And Betrayal In Confidential Press-Source Relations, Lili Levi

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No abstract provided.

Memorials, Marian Gould Gallagher And Melissa Sue Landers, Penny Hazelton

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No abstract provided.

Making Sense Of Modern Jurisprudence: The Paradox Of Positivism And The Challenge For Natural Law, Philip E. Soper

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Karl Llewellyn once said, referring to Roscoe Pound's work m jurisprudence, that it was difficult to tell on what level the writing proceeded: sometimes it seemed to be little more than bedtime stones for a tired bar; at other tunes it appeared to be on the level of the after-dinner speech or a thought provoking essay, neither of which were quite the "considered and buttressed scholarly discussion" that one expected to find. Llewellyn's complaint serves as a warning, though a somewhat ambiguous one, to those who give lectures on jurisprudence.

On the one hand, I do not plan to present …

How To Argue About Health Care, Don Herzog

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Despite the aggressive title of this article, my goals are modest. I begin by explaining briefly what should at any rate be obvious: that health care policies inescapably raise moral and political difficulties, difficulties that no technical fix could resolve. I move on to puzzle over the connections between some of the more abstract issues of moral and political theory and medical policy: here I urge that we develop a more sustained taste for exploring the moral conflicts embedded in our current practices. Finally, I suggest a strategy for making nitty-gritty facts-from the concrete world of third-party payment, expensive technology, …

Some Questions For Republicans, Don Herzog

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Even a sleepy historiographer of political theory of some future day will notice the most dramatic revision of the last 25 years or so. I refer of course to the discovery-and celebration-of civic humanism. The devilish Machiavelli of Elizabethan times has been gently set aside for "the divine Machiavel," the one who writes, "I love my native city more than my soul." And historians of political thought have lovingly traced the transmission of civic humanism from Florence to England and America, giving us a brand new past. America, we now know, was not the unthinkingly Lockean land served up by …

Alternative Methodologies In Contemporary Jurisprudence: Comments On Dworkin, Philip E. Soper

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I have two brief points to make. Both involve recent developments in jurisprudence, by which I mean by and large the subject that Ronald Dworkin has just been discussing. Indeed, the first point is little more than an acknowledgement of the debt that is owed to Dworkin, not only for his specific contributions to this field, but for the implications of his work for law teaching generally.

Legal Theory And The Obligation To Obey, Philip E. Soper

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Contributions to this symposium will undoubtedly share, with other recent discussions of the issue, the assumption that one does not need to decide what law is before deciding whether there is an obligation to obey it. More precisely, the assumption seems to be that our ordinary, pre-analytic understanding of "law" provides a completely adequate base for discussions about law's moral authority. The more refined disputes about the nature of law that dominate analytical jurisprudence can thus be ignored.

The Law Library In A New Law School, Marian G. Gallagher

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Law school faculty members have a reputation for paying attention to their libraries. They achieved that collective reputation long ago through insistence on autonomous library administration by their own kind, and they have nurtured it by exhibiting greater dependence on libraries than the members of any other discipline. Expressions of their concern and involvement are recorded repeatedly in annual reports, budget justifications, fund-raising brochures, and the proceedings of ceremonial cornerstone layings. Some have gone far beyond expressions of concern, demonstrating compulsion to devote more time to the functioning of their law libraries than has seemed necessary or interesting to the …

Armchair Tour Of The University Of Washington Law Library, Marian G. Gallagher

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Bibliomania is a rare disease. Contrary to popular belief, the germ breeds, not on ancient vellum bookbindings, but on the inside pages of hard-to-locate, bound or unbound, published or unpublished, material. Consequently, the infection is not apt to spread to the practicing attorney who has too many clients and too many cases for a seven-day week. While it may be the secret hope of every librarian that years of exposure (to the bindings when help is scarce, to the inside pages when help is plentiful) will cause him to become infected, he does not lose sight of the fact that …

Law Books And Law Publishers, Arthur S. Beardsley

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There are indications that the depression, which has burdened us for the past five years, is slowly receding. In its wake will doubtless follow renewed prosperity with all the blessings of peace and contentment. A freedom from financial worry will replace the present fear, and money will be more plentifully earned and freely expended.

It remains to be seen, however, whether the problems encountered during this economic cycle will be soon forgotten. Will the members of the legal profession and the law libraries return to their former policies of, what has appeared to be, uncontrolled and ill-advised purchasing of the …

The Law School Library—A Library Of Research For Lawyer, Layman, And Legislator, Arthur S. Beardsley

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We will probably agree that the college or university as a seat of learning must develop and maintain library facilities commensurate with the standing before the world which the institution's progress has earned. The library, and of course we include the law school library, is one of the indices of an educational institution's efficiency, and as such, we expect it to grow and expand by adding to the richness of its collections, material of ever increasing importance and usefulness. We expect the college library to take the lead in gathering for future reference the materials valuable for research which, on …