Law Commons^™

When Daddy Wants Out: The Issue Of Paternity, Jane C. Murphy, Cheri Wyron Levin

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Perhaps you've seen the signs along a number of major highways in Maryland. A pregnant Mona Lisa advertising a DNA testing company with the caption "Who's the Daddy?" With the rise in the number of children born out of wedlock in Maryland in the last several decades, paternity testing is becoming routine and family law practitioners are handling more cases in which the father or mother or both are trying to change who is named as the legal father in a paternity or divorce judgment. The law governing such cases has changed substantially since 1995. This article will guide the …

The Inefficiency Of Mens Rea, Claire Oakes Finkelstein

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No abstract provided.

The Futures Problem, Geoffrey C. Hazard Jr.

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Perhaps the most difficult problem in addressing mass torts is that of future claimants. "Futures" are those who do not now have claims, because injury has not been sufficiently manifested, but who may well have claims in the future. The Supreme Court's decisions in Amchem and Ortiz appear to have foredoomed any procedural mechanism by which to resolve future claims. This, in turn, will leave defendants in mass tort cases with greatly reduced incentives to participate in mass settlement. That implication makes the possibility of reforms in substantive law perhaps more attractive. In addition, these decisions invite further questions about …

The Moral Exclusivity Of The New Civil Society, Dorothy E. Roberts

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No abstract provided.

Grassroots Consensus Building And Collaborative Planning, Peter W. Salsich

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The neighborhood collaborative planning movement has an important role to play in efforts to remake American cities. This article begins by defining neighborhood collaborative planning which centers around the importance of resident participation in decisions affecting their community. The article explains how neighborhood collaborative planning is a useful way for residents to take part in governmental decision making, particularly in large cities where distance and complexity of the governmental process may make it difficult for ordinary citizens to participate. Next, it outlines the roles that lawyers and community organizer serve under the two strategies used to foster neighborhood collaborative planning, …

A Liberal Theory Of Social Welfare: Fairness, Utility, And The Pareto Principle, Howard F. Chang

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No abstract provided.

Raising Arizona: Reflections On Sovereignty And The Nature Of The Plaintiff In Federal Suits Against States, Catherine T. Struve

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No abstract provided.

Structuring The Financial Service Conglomerates Of The Future: Does The Choice Of Corporate Form To House New Financial Activities Of National Banks Matter?, Constance Z. Wagner

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The Gramm-Leach-Bliley Act became law on November 12, 1999, bringing to an end a twenty year effort to expand bank powers by amending the Glass-Steagall Act and the Bank Holding Company Act of 1956. Although styled as banking reform legislation, the new law will have a wide ranging impact on the financial services industry generally. A wave of merger activity will likely occur in this industry because many of the legal restrictions on bank affiliations with other financial services providers have been removed. An end result of the new legislation will be the creation of financial services conglomerates offering a …

Another Attack On The Fast Track, Constance Z. Wagner

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Although the Congressional fight over the North American Free Trade Agreement (NAFTA) may have ended when the NAFTA Implementation Act passed by a narrow margin, the controversy surrounding NAFTA has not. In Made in the USA Foundation v. United States, the United Steel Workers of American and others asserted that NAFTA was void because it had been approved as a congressional-executive agreement when it should have been approved as a treaty under Article II, Clause 2 of the U.S. constitution. The author discusses the constitutional law issue raised by the lawsuit, namely the validity of the long-standing U.S. practice of …

The Real Separation In Separation Of Powers Law, Elizabeth Magill

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This Article argues that contemporary separation of powers commentary is misconceived. Despite the disagreement that dominates the commentary, a closer look at that debate reveals a surprise: commentators subscribe to a consensus about separation of powers. Once exposed, however, that consensus turns out to be underdeveloped, confused, and possibly incoherent. This Article, first, identifies the latent consensus about separation of powers, and, second, critically examines the consensus. The Article argues that the present consensus must be abandoned or refashioned in some as-yet-undeveloped way.

Separation of powers commentary is conventionally thought to be dominated by a contest between adherents of "formalist" …

Rationality And Responsibility, Stephen J. Morse

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No abstract provided.

The Bitter With The Sweet: Tradition, History, And Limitations On Federal Judicial Power--A Case Study, Stephen B. Burbank

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No abstract provided.

Globalization And The Design Of International Institutions, Cary Coglianese

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In an increasingly globalized world, international rules and organizations have grown ever more crucial to the resolution of major economic and social concerns. How can leaders design international institutions that will effectively solve global regulatory problems? This paper confronts this question by presenting three major types of global problems, distinguishing six main categories of institutional forms that can be used to address these problems, and showing how the effectiveness of international institutions depends on achieving “form-problem” fit. Complicating that fit will be the tendency of nation states to prefer institutional forms that do little to constrain their sovereignty. Yet the …

Rethinking Welfare Rights: Reciprocity Norms, Reactive Attitudes, And The Political Economy Of Welfare Reform, Amy L. Wax

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No abstract provided.

Expressive Law And Oppressive Norms: A Comment On Richard Mcadams's "A Focal Point Theory Of Expressive Law", Amy L. Wax

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No abstract provided.

Privacy-As-Data Control: Conceptual, Practical, And Moral Limits Of The Paradigm, Anita L. Allen

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No abstract provided.

Delaware Law As Applied Public Choice Theory: Bill Cary And The Basic Course After Twenty-Five Years, William W. Bratton

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No abstract provided.

The Paradox Of Silence: Some Questions About Silence As Resistance, Dorothy E. Roberts

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No abstract provided.

Equality And Affiliation As Bases Of Ethical Responsibility, Geoffrey C. Hazard Jr.

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No abstract provided.

Competitor Collaboration After California Dental Association, Herbert Hovenkamp

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No abstract provided.

Health Care Divided: Race And Healing A Nation, Sidney D. Watson

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Race matters. Race—particularly racial segregation—casts a pervasive shadow over the organization of American health care. It influences the ownership and governance of institutional providers. It helps account for the high cost of health care in the United States. It contributes to America’s abysmal health status, among the worst of the industrialized world. It is reflected, in part, in the lack of national health insurance. So David Barton Smith begins this book, a book he describes as the story of “a divided nation, a divided health care system, and the uncompleted journey to heal both.”[1]

Most of us are not comfortable …

Why Does The Criminal Law Care What The Layperson Thinks Is Just? Coercive Versus Normative Crime Control, Paul H. Robinson

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THE criminal law codification movement of the 1960s and 70s was guided by instrumentalist principles designed to reduce crime, rather than by retributivist notions of giving offenders deserved punishment. The Model Penal Code, which served as a model for nearly all of the period's code reforms, was explicit on the point: The Code's "dominant theme is the prevention of offenses" and its "major goal is to forbid and prevent conduct that threatens substantial harm." Yet, as Part I of this Article will show, even from such a staunchly instrumentalist code came a criminal law that defers to laypersons' shared intuitions …

The Complicated Ingredients Of Wisdom And Leadership, Michael A. Fitts

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No abstract provided.

Introduction, Anthony J. Scirica

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No abstract provided.

Why The Successful Assassin Is More Wicked Than The Unseccessful One, Leo Katz

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No abstract provided.

Corporate Finance, Corporate Law And Finance Theory, Peter H. Huang, Michael S. Knoll

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No abstract provided.

"Bad For Business": Contextual Analysis, Race Discrimination, And Fast Food, Regina Austin

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No abstract provided.

Knowledge About Welfare: Legal Realism And The Separation Of Law And Economics, Herbert J. Hovenkamp

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The welfare state could not function without judgments about how well off its citizens are. For example, governments devise progressive income taxes, which are designed to capture more wealth from the well off and less from the impecunious. These policies presume an ability to take a manageable amount of information about an individual's income or assets and make judgments about her welfare. In fact, people do this all the time, mostly without thinking about the methodological problems involved.

The superficial casualness of our daily observations about welfare belies the state of the economic science of welfare measurement. Economists have attempted …

A Comprehensive Wealth Tax, David Shakow, Reed Shuldiner

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Income, consumption, and wealth are all possible bases for a tax system in the United States. Scholars have specified the structure of income tax and consumption taxes, but no one has attempted to describe in detail a comprehensive wealth tax for the United States. In this paper, we begin to develop such a structure. In particular, we hypothesize that the combination of a flat rate tax on networth and a flat rate tax on earned income along with an appropriate level of exemptions, could be an attractive tax base. In order to explore the structure of a wealth tax, we …

Understanding Lockups: Effects In Bankruptcy And The Market For Corporate Control, Kermit Roosevelt Iii

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The article investigates the effects of lockups, devices used to compensate unsuccessful bidders. Lockups are relevant in contexts in which sales have auction-like characteristics. Bankruptcy and the market for corporate control are two such situations, since the governing legal regimes prevent sales from being swiftly consummated and require sellers to take the most favorable offer that emerges during the waiting period. Existing scholarship has considered lockups in both areas. The analysis of lockups in the market for corporate control is fairly well developed. This article shows that it is importantly incomplete because it fails both to distinguish between ex ante …