Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

Articles

1996

Discipline
Institution
Keyword

Articles 1 - 30 of 117

Full-Text Articles in Law

Moral Discourse, Bioethics, And The Law, Carl E. Schneider Nov 1996

Moral Discourse, Bioethics, And The Law, Carl E. Schneider

Articles

Dan Callahan follows a distinguished tradition when he uses the phrase "moral discourse" to describe the law's work. The frequency with which that image is deployed suggests its resonance and even rightness: When we think about the way society considers moral issues and develops moral positions, it can be useful to imagine the law as one of many social institutions that contribute to a social discussion. Nevertheless, this image is misleading. At least for our (graying and balding) genera- tions, the law is regarded as a worthy participant in American moral discourse preeminently because of its part in the ...


Toward A Tax-Based Explanation Of The Liability Insurance Crisis, Kyle D. Logue Sep 1996

Toward A Tax-Based Explanation Of The Liability Insurance Crisis, Kyle D. Logue

Articles

The so-called liability insurance crisis of 1985 and 1986 transformed the way we think about tort law and about liability insurance markets. The crisis phenomena, which first appeared in late 1984 and lasted until mid-1986, consisted of enormous increases in liability insurance premiums and alarming reductions in the availability of certain types of liability coverage. In the two principal liability lines of insurance (Other Liability and Medical Malpractice), premiums increased by hundreds (in some cases thousands) of percentage points in a matter of months. At the same time, the availability of liability insurance contracted sharply. The liability policies that were ...


Intellectual Property Issues In Genomics, Rebecca S. Eisenberg Aug 1996

Intellectual Property Issues In Genomics, Rebecca S. Eisenberg

Articles

Controversy over intellectual property rights in the results of large-scale cDNA sequencing raises intriguing questions about the roles of the public and private sectors in genomics research, and about who stands to benefit (and who stands to lose) from the private appropriation of genomic information. While the US Patent and Trademark Office has rejected patent applications on cDNA fragments of unknown function from the National Institutes of Health, private firms have pursued three distinct strategies for exploiting unpatented cDNA sequence information: exclusive licensing, non-exclusive licensing and dedication to the public domain.


The Draft International Antitrust Code Proposed At Munich: Good Intentions Gone Awry, Daniel J. Gifford Jan 1996

The Draft International Antitrust Code Proposed At Munich: Good Intentions Gone Awry, Daniel J. Gifford

Articles

Because private exclusionary arrangements can potentially effectively neutralize the market-opening efforts undertaken by governments, they have long been the subject of international concern.1 Manifestations of this concern extend back to 1948 when delegates to the Havana Conference approved a set of provisions directed against cartels and restrictive business practices. Periodically, government officials and others have focused upon the question of whether restrictive agreements among private business firms may impede trade. As a host of international agreements have progressively eliminated or have placed limits on government-erected trade barriers, attention has increasingly focused upon privately-erected barriers, i.e., those resulting from ...


Microsoft Corporation, The Justice Department, And Antitrust Theory, Daniel J. Gifford Jan 1996

Microsoft Corporation, The Justice Department, And Antitrust Theory, Daniel J. Gifford

Articles

Microsoft Corporation's jousting with the Justice Department's Antitrust Division over the last two years has been the subject of widespread media interest. The Division has required Microsoft to change its licensing practices; it has thwarted Microsoft's planned merger with Intuit. Furthermore, the Division has threatened to block Microsoft's introduction of its new Windows 95 operating system as a result of a dispute over the lawfulness of Microsoft's incorporation into that program of an icon helping users to sign on to Microsoft's new on-line service. The sparring between the Justice Department and Microsoft over these ...


Intermediate Sanctions, Michael Tonry, Mary Lynch Jan 1996

Intermediate Sanctions, Michael Tonry, Mary Lynch

Articles

No abstract provided.


Responsible Parents And Good Children, Judith T. Younger Jan 1996

Responsible Parents And Good Children, Judith T. Younger

Articles

No abstract provided.


Beyond The Rhetoric Of The Nafta Treaty Debate: A Comparative Analysis Of Labor And Employment Law In Mexico And The United States, Stephen F. Befort, Virginia Cornett Jan 1996

Beyond The Rhetoric Of The Nafta Treaty Debate: A Comparative Analysis Of Labor And Employment Law In Mexico And The United States, Stephen F. Befort, Virginia Cornett

Articles

No abstract provided.


A Privatization Solution To The Legitimacy Of Prepetition Waivers Of The Automatic Stay, Edward S. Adams, James L. Baillie Jan 1996

A Privatization Solution To The Legitimacy Of Prepetition Waivers Of The Automatic Stay, Edward S. Adams, James L. Baillie

Articles

Section I of this article reviews the historical notions of the automatic stay prior to and under the Bankruptcy Act of 1898 (the “Act”) as well as the legislative history of § 362 of the Bankruptcy Code of 1978 (the “Code”). Section II focuses on the arguments for and against upholding the validity of agreements which waive the protections of the automatic stay. Specifically, this section analyzes recent court decisions in this area and attempts to discern differences between permissible and impermissible waivers. Section III reviews the enforcability of other prepetition agreements. In Section IV, we introduce our hypothesis, based fundamentally ...


Hegel's Slaves, Blackstone's Objects, And Hohfeld's Ghosts: A Comment On Thomas Russell's Imagery Of Slave Auctions, Jeanne Schroeder Jan 1996

Hegel's Slaves, Blackstone's Objects, And Hohfeld's Ghosts: A Comment On Thomas Russell's Imagery Of Slave Auctions, Jeanne Schroeder

Articles

No abstract provided.


It’S A Positivist, It’S A Pragmatist, It’S A Codifier! Reflections On Nietzsche And Stendhal, Richard H. Weisberg Jan 1996

It’S A Positivist, It’S A Pragmatist, It’S A Codifier! Reflections On Nietzsche And Stendhal, Richard H. Weisberg

Articles

No abstract provided.


Pragmatism, Pluralism, And Legal Interpretation: Posner's And Rorty's Justice Without Metaphysics Meets Hate Speech, Michel Rosenfeld Jan 1996

Pragmatism, Pluralism, And Legal Interpretation: Posner's And Rorty's Justice Without Metaphysics Meets Hate Speech, Michel Rosenfeld

Articles

No abstract provided.


Can Rights, Democracy, And Justice Be Reconciled Through Discourse Theory? Reflections On Habermas's Proceduralist Paradigm Of Law, Michel Rosenfeld Jan 1996

Can Rights, Democracy, And Justice Be Reconciled Through Discourse Theory? Reflections On Habermas's Proceduralist Paradigm Of Law, Michel Rosenfeld

Articles

No abstract provided.


Law And Order, Arthur J. Jacobson Jan 1996

Law And Order, Arthur J. Jacobson

Articles

No abstract provided.


Preface, Michel Rosenfeld Jan 1996

Preface, Michel Rosenfeld

Articles

No abstract provided.


Habermas And The Postal Rule, Peter Goodrich Jan 1996

Habermas And The Postal Rule, Peter Goodrich

Articles

No abstract provided.


An Introduction To Mandatory Hiv Screening Of Newborns: A Child’S Welfare In Conflict With Its Mother’S Constitutional Rights—False Dichotomies Make Bad Law, Paris R. Baldacci Jan 1996

An Introduction To Mandatory Hiv Screening Of Newborns: A Child’S Welfare In Conflict With Its Mother’S Constitutional Rights—False Dichotomies Make Bad Law, Paris R. Baldacci

Articles

No abstract provided.


The Hermeneutic Of Acceptance And The Discourse Of The Grotesque, With A Classroom Exercise On Vichy Law, Richard H. Weisberg Jan 1996

The Hermeneutic Of Acceptance And The Discourse Of The Grotesque, With A Classroom Exercise On Vichy Law, Richard H. Weisberg

Articles

No abstract provided.


A Text Is Just A Text, Paul F. Campos Jan 1996

A Text Is Just A Text, Paul F. Campos

Articles

No abstract provided.


Conquering The Cultural Frontier: The New Subjectivism Of The Supreme Court In Indian Law, David H. Getches Jan 1996

Conquering The Cultural Frontier: The New Subjectivism Of The Supreme Court In Indian Law, David H. Getches

Articles

For a century and a half, the Supreme Court was faithful to a set of foundation principles respecting Indian tribal sovereignty. Though the United States can abrogate tribal powers and rights, it can only do so by legislation. Accordingly, the Court has protected reservations as enclaves for Indian self-government, preventing states from enforcing their laws and taxes, and holding that even federal laws could not be applied to Indians without congressional permission. Recently, however, the Court has assumed the job it formerly conceded to Congress, considering and weighing cases to reach results comporting with the Justices' subjective notions of what ...


Book Review, Lakshman D. Guruswamy Jan 1996

Book Review, Lakshman D. Guruswamy

Articles

No abstract provided.


Security Interests On Exempt Property After The 1994 Amendments To The Bankruptcy Code, David Gray Carlson Jan 1996

Security Interests On Exempt Property After The 1994 Amendments To The Bankruptcy Code, David Gray Carlson

Articles

No abstract provided.


Redemption And Reinstatement In Cchapter 7 Cases, David Gray Carlson Jan 1996

Redemption And Reinstatement In Cchapter 7 Cases, David Gray Carlson

Articles

No abstract provided.


Car Wars: Valuation Standards In Chapter 13 Bankruptcy Cases, David Gray Carlson Jan 1996

Car Wars: Valuation Standards In Chapter 13 Bankruptcy Cases, David Gray Carlson

Articles

No abstract provided.


"Evaluative" Meditation Is An Oxymoron, Kimberlee K. Kovach, Lela P. Love Jan 1996

"Evaluative" Meditation Is An Oxymoron, Kimberlee K. Kovach, Lela P. Love

Articles

An essential characteristic of mediation is facilitated negotiation wherein the mediator remains neutral throughout the process. Inconsistent with this role is an evaluative mediator who assesses the strengths and weaknesses of legal claims, proposes settlement terms, pushes parties to accept a particular settlement, and predicts court outcomes or the impact of not settling. A mediator’s assessment invariably favors one side over the other and jeopardizes neutrality. This article argues that mediation should stand as a distinct and clear-cut alternative to the evaluative and frequently highly-adversarial adjudicatory processes and that mediators should not evaluate.


Text, Purpose, Capacity And Albertson's: A Response To Professor Geier, Edward A. Zelinsky Jan 1996

Text, Purpose, Capacity And Albertson's: A Response To Professor Geier, Edward A. Zelinsky

Articles

No abstract provided.


Structures Of Environmental Criminal Enforcement, Michael Herz Jan 1996

Structures Of Environmental Criminal Enforcement, Michael Herz

Articles

No abstract provided.


Godtalk: Should Religion Inform Public Debate?, J. David Bleich Jan 1996

Godtalk: Should Religion Inform Public Debate?, J. David Bleich

Articles

No abstract provided.


"The Unconscious Is A Jurist": Psychoanalysis And Law In The Work Of Pierre Legendre, Peter Goodrich Jan 1996

"The Unconscious Is A Jurist": Psychoanalysis And Law In The Work Of Pierre Legendre, Peter Goodrich

Articles

No abstract provided.


The Jerusalem Embassy Act, Malvina Halberstam Jan 1996

The Jerusalem Embassy Act, Malvina Halberstam

Articles

No abstract provided.