Law Commons^™

Ndls Update 11/2000, Notre Dame Law School

NDLS Update

No abstract provided.

Fred Aman Playing Drums (Photograph)

Alfred Aman Jr. (1991-2002)

Fred Aman playing drums at Cafe Django in Bloomington, Indiana.

Constitutional Change And International Government, Chantal Thomas

Cornell Law Faculty Publications

No abstract provided.

Strategic Disclosure In The Patent System, Douglas Gary Lichtman, Scott Baker, Kate Kraus

Coase-Sandor Working Paper Series in Law and Economics

Patent applications are evaluated in light of the prior art. What this means is that patent examiners evaluate a claimed invention by comparing it with what in a rough sense corresponds to the set of ideas and inventions already known to the public. This is done for three reasons. First, the comparison helps to ensure that patents issue only in cases where an inventor has made a non-trivial contribution to the public’s store of knowledge. Second, it protects a possible reliance interest on the part of the public since, once an invention is widely known, members of the public might …

The Dormant Commerce Clause And The Internet, Jack L. Goldsmith, Alan O. Sykes

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.

Antitrust In The New Economy, Richard A. Posner

Coase-Sandor Working Paper Series in Law and Economics

Concern has been expressed recently that U.S. antitrust law may not be well suited to regulating the "new economy." Doctrines developed to deal with competition and monopoly in smokestack industries is not well adapted, it is argued, to dealing with the dynamic economy of the twenty-first century. What I shall argue is that there is indeed a problem with the application of antitrust law to the new economy, but that it is not a doctrinal problem; antitrust doctrine is supple enough, and its commitment to economic rationality strong enough, to take in stride the competitive issues presented by the new …

Moral And Legal Rhetoric In International Relations: A Rational Choice Perspective, Eric A. Posner, Jack L. Goldsmith

Coase-Sandor Working Paper Series in Law and Economics

Critics of realist and rational choice approaches to international law argue that if nations were motivated entirely by power or self-interest, their leaders would not make moral and legal arguments because no one would believe them. Thus, the prevalence of moral and legal rhetoric on the international stage refutes the behavioral assumptions of realism and rational choice. This paper argues that even if nations are not motivated by a desire to comply with morality or law, the use of moral and legal arguments could occur in equilibrium. Signaling and cheap talk models show that nations may engage in talk in …

The Protection Of Well-Known Marks In Taiwan: From Case Study To General Theory, Kung-Chung Liu

Research Collection Yong Pung How School Of Law

Although the use of trademarks in China can be traced back over one thousand years (Liu's needle shop with the "white rabbit" mark ca. A.D. 960-1126), a statutory regulation of trademarks was not undertaken until very late in the Qing dynasty, and this only happened due to foreign pressure.' In 1904, the British Herd helped draft the "Shang Piao Chu Ts'e Shih Pan Chang Ch'eng," which never took effect.2 In 1923, the government promulgated the Trade Mark Act and in 1927 the "Ch'iian Kuo Chu Ts'e Chii Chu Ts'e T'iao Li."3 In 1930, the "New Trade Mark Act," 4 which …

The Integrity Of Death: Resolving Dilemmas In Medicine, Larry I. Palmer

Faculty Publications

No abstract provided.

Decolonising Restoration And Justice: Restoration In Transitional Cultures, Mark Findlay

Research Collection Yong Pung How School Of Law

This article is a strategy for the comparative analysis of justice in various contesting forms. To identify useful levels of the comparative project, the colonising potential of restorative justice is examined. In this context the influence of formalised justice mechanisms over the less formal is explored, with examples in transitional cultures in the South Pacific discussed. Local and global potentials (and dilemmas) are identified for analysis. The integration of justice forms, both in terms of structure and ideology, is argued for. Notions of collaborative rather than restorative justice are advanced, in order that the intersection between state-sponsored and customary justice …

The Floodgates Of Strict Liability: Bursting Reservoirs And The Adoption Of Fletcher V. Rylands In The Guided Age, Jed Handelsman Shugerman

Faculty Scholarship

Part I presents an overview of Rylands v. Fletcher and then discusses the phases of the American response: the initial acceptance; the Northeastern rejections in the 1870s, which have been the basis for the erroneous scholarly conclusions; and the overlooked tide of acceptances across the country, beginning in the late 1880s and increasing in the 1890s. Part II places this wave of acceptance in its historical context of changing social forces, although these brief sketches are not the primary emphasis of this Note. First, during a period of rapid urbanization, a small number of courts sought to protect residential areas …

Research To Practice: Time Limits, Exemption, And Disclosure: Tanf Caseworkers And Clients With Disabilities, Jaimie Ciulla Timmons, Danielle Dreilinger

Research to Practice Series, Institute for Community Inclusion

Findings show that welfare caseworkers experience unique challenges when supporting welfare recipients with disabilities, including time limit pressures and conflict over exemptions. The brief includes a resource list for caseworkers.

Book Review: We The People: The Fourteenth Amendment And The Supreme Court, S. I. Strong

Faculty Publications

Never one to shirk a challenge, Michael Perry has taken on the difficult task of investigating whether, as charged by a number of prominent social and legal commentators, "the modern Supreme Court, in the name of the Fourteenth Amendment [to the US Constitution], [has] usurped prerogatives and made choices that properly belong to the electorally accountable representatives of the American people," and if so, to what extent (p. 8). Perry makes no attempt to address every facet of Fourteenth Amendment doctrine, but instead focuses his discussion on some of the most controversial topics: racial segregation, affirmative action, discrimination on the …

The Skills Of The Unskilled In The American Industrial Revolution, James Bessen

Faculty Scholarship

Were ordinary factory workers unskilled and was technology "de-skilling" during the Industrial Revolution? I measure foregone output to estimate the human capital investments in mule spinners and power loom tenders in ante-bellum Lowell. These investments rivaled those of craft apprentices, suggesting a different view of industrial technology. Accounting for skill, multi-factor productivity growth was negligible, contrary to previous findings. From 1834-55, firms made increasing investments in skill, allowing workers to tend more machines and generating rapid growth of per-capita output. This growing investment was motivated partly by changing factor prices and more by a changing labor supply. Calculations show that …

The Constitution Outside The Courts, James E. Fleming

Faculty Scholarship

In this Book Review, Professor Fleming examines Professor Tushnet's arguments against judicial supremacy and in support of making constitutional interpretation less court-centered to pursue a populist constitutional law. The review concedes that Professor Tushnet's arguments that the “thick Constitution”--in particular, its commitments to federalism, states' rights, and separation of powers--is self-enforcing through the political processes are compelling. But it contends that he fails to make the case that the “thin Constitution”--for example, its fundamental guarantees of equality, freedom of expression, and liberty-- should be treated as similarly self-enforcing. Furthermore, Professor Fleming charges that Professor Tushnet does not adequately elaborate how …

The Weekly October 30, 2000, North Carolina Central School Of Law

NCCU Law School Weekly

No abstract provided.

Petition For A Writ Of Certiorari, Calhoun V. Yamaha Motor Corp, No. 00-681 (U.S. Oct 30, 2000), David C. Vladeck

U.S. Supreme Court Briefs

No abstract provided.

Vol. 19, No. 10 (October 27, 2000)

Indiana Law Annotated

No abstract provided.

Interview With Donald Millinger, José A. Gregory, Donald M. Millinger, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

For transcript, click the Download button above. For video index, click the link below.

Donald M. Millinger (L'79) practiced business and commercial law in the Philadelphia area and served on a number of non-profit boards. He is married to Gary Clinton, former Dean of Student Affairs at Penn Law School. In 2017 they established the Clinton-Millinger Scholarship program.

Vol. 51, No. 4, October 24, 2000, University Of Michigan Law School

Res Gestae

•See If Your Vote Matters •Pity for Nineveh •The Insider •The Gulag •Iceland's Greatest Import •Election 2000 Candidate Quote Quiz! •Telling a Ding from a Dong •Equal Access for Students & Professors •A No-Fear Vote for Nader •For What It's Worth… •To Be of Use

The Weekly October 23, 2000, North Carolina Central School Of Law

NCCU Law School Weekly

No abstract provided.

Vol. 19, No. 09 (October 20, 2000)

Indiana Law Annotated

No abstract provided.

The Weekly October 18, 2000, North Carolina Central School Of Law

NCCU Law School Weekly

No abstract provided.

Smart Growth: Resolving Home Rule Conflicts And Settling Border Wars, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Municipalities battle over the use of adjacent lands as land use border wars erupt all over New York. The results of these battles rarely equate to a satisfying solution for both parties. This column delves into flaws of New York law, including the insufficiencies of the State Environmental Quality Review Act (SEQRA), and also documents several cases where municipalities fail to come up with cooperative solutions. However, recent solutions, such as co-lead agencies and joint municipal review boards are beginning to make use of the cooperative authority provided to municipalities by state law, and could be a sign of hope …

The Public Justification Approach To Statutory Interpretation, Bernard W. Bell

Rutgers Law School (Newark) Faculty Papers

Legislative history seems inextricably intertwined with the concept of legislative intentexamining legislative history makes sense only if one wishes to determine legislative intent. The contestants on both sides of the current battle over using legislative history may agree on little, but they seem to agree on this point. Legislative history’s devotees argue that determining legislative intent is the goal of statutory interpretation, and the legitimacy of referring to legislative history seems to follow without much argument. That is, legislative history merely serves as a tool to find illusive legislative intent, but, in itself, lacks significance. Those who attack legislative history …

Public Safety 2000: Creating A Safer California, Assembly Committee On Public Safety

California Assembly

Legislative summary.

Vol. 19, No. 08 (October 13, 2000)

Indiana Law Annotated

No abstract provided.

Interview With Justice Randy J. Holland, Katie Harrison, Randy J. Holland, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

For transcript, click the Download button above. For video index, click the link below.

Randy J. Holland (L '72) served as a Justice of the Delaware Supreme Court from 1986 until his retirement in 2017. At the time of his appointment he was the youngest person ever to serve on that court.

Vol. 51, No. 3, October 10, 2000, University Of Michigan Law School

Res Gestae

•Dumb or Dumber: Who Will Lead the Free World in 2001? •Stand Together •Helpful Hints for 1Ls •The Insider •Election 2000 •For What It's Worth •Confessions of a 2L Transfer

Ak-Chin Water Use Act Of 1984, 2000 Amendments, United States 106th Congress

Native American Water Rights Settlement Project

Federal Legislation: Technical Amendments of 2000 to Ak-Chin Water Use of 1984 (PL 106-285, 114 Stat. 878) Act amending Ak-Chin Water Use Act of 1984. Act addresses amendments regarding use and leasing of permanent water supply as well as prohibition against permanent alienation of water right. It approves lease and amendment of lease for Del Webb Corporation of Dec. 14, 1996 and Jan. 7, 1999, respectively. Secretary of the Interior is authorized to approve the lease as amended. [Source: http://www.gpo.gov/fdsys/pkg/PLAW-106publ285/pdf/PLAW-106publ285.pdf]