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1999

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Institution
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Articles 1 - 30 of 121

Full-Text Articles in Law

Clash Of The Titans: Regulating The Competition Between Established And Emerging Electronic Payment Systems, Jane Kaufman Winn Dec 1999

Clash Of The Titans: Regulating The Competition Between Established And Emerging Electronic Payment Systems, Jane Kaufman Winn

Articles

This article equates the providers of traditional electronic payment services with the Titans of Greek mythology, and the providers of new electronic payment technologies with the Olympians. Professor Winn concludes, however, that unlike the Titans of Greek mythology, these modern Titans appear to be winning in their battle with the upstart Olympians. This article describes the fundamental characteristics of payment systems, reviews the applicable law, and describes the new technologies that were, until quite recently, expected to displace older electronic payment systems. Professor Winn finds that consumers and merchants, by and large, are happy with the existing regulatory structure. And ...


Regulating Doctors, Carl E. Schneider Jul 1999

Regulating Doctors, Carl E. Schneider

Articles

Alawyer today can hardly speak to a doctor--or even be treated by one-without being assailed by lawyer jokes. These jokes go well beyond good-humored badinage and pass the line into venom and gall. They reflect, I think, the sense many doctors today have that they are embattled and endangered, cruelly subject to pervasive and perverse controls. This is puzzling, almost to the point of mystery. Doctors have long been the American profession with the greatest social prestige, the greatest wealth, and the greatest control over its work. Indeed, what other profession has been as all-conquering? One may need to go ...


Despatches From The Front: Recent Skirmishes Along The Frontiers Of Electronic Contracting Law, Jane Kaufman Winn, Michael Rhoades Pullen Jan 1999

Despatches From The Front: Recent Skirmishes Along The Frontiers Of Electronic Contracting Law, Jane Kaufman Winn, Michael Rhoades Pullen

Articles

This Article will provide a short overview of the current efforts in the United States and the European Union to reform contract law to accommodate recent innovations in electronic contracting. Whether changes are needed to current contract law doctrines governing contract formation, effectiveness of contract terms, choice of law and forum provisions, special protections for consumers, and signature and writing requirements, revisions in these areas have all proved controversial. Even in those areas where a consensus may be emerging on whether law reform may be appropriate in some form, consensus is often still lacking with regard to the specific legislation ...


The Hedgehog And The Fox: Distinguishing Public And Private Sector Approaches To Managing Risk For Internet Transactions, Jane Kaufman Winn Jan 1999

The Hedgehog And The Fox: Distinguishing Public And Private Sector Approaches To Managing Risk For Internet Transactions, Jane Kaufman Winn

Articles

In his essay The Hedgehog and the Fox, Isaiah Berlin used an ancient Greek proverb comparing these animals as a metaphor to express a deep division among thinkers and writers in their understanding of the human condition. In this essay, I extend the metaphor to contrast the differing approaches to risk management taken by the public sector in the exercise of its sovereign functions and that taken by members of the private sector in the conduct of commercial transactions. In light of the differences in these basic approaches to questions of risk management, I will evaluate some widely discussed models ...


The Most Creative Moments In The History Of Environmental Law: "The Who's", William H. Rodgers, Jr. Jan 1999

The Most Creative Moments In The History Of Environmental Law: "The Who's", William H. Rodgers, Jr.

Articles

My definition of creativity in environmental law is any legal initiative that advances the subject with new levels of analysis, structure, or institutional bridges. There are two requirements: improvement on function and novelty. Law is better if it increases the prospect of protecting the natural world or its inhabitants. Law is novel if it combines mandate, process, or structure in unusual ways.

There are reasons to suspect that environmental law as a field may be more creative than other legal subjects such as trust and estates, contracts, property, or tax law. One reason, as Oliver Houck has said, is that ...


What A Salmon Czar Might Hope For, William H. Rodgers, Jr. Jan 1999

What A Salmon Czar Might Hope For, William H. Rodgers, Jr.

Articles

There is a windowof opportunity in the wave of Endangered Species Act salmon listings that has descended on the Pacific Northwest in 1998 and 1999. Federal law links listings to the "inadequacy of existing regulatory mechanisms." Experience in Oregon has shown that EPA listings cannot be avoided by "voluntary or future conservation efforts."

Meaningful state law that will deter federal overrides must be "current" and "enforceable." With salmon stocks plummeting and with "inadequate" regulation prominently confirmed, what would the naive observer expect from a Washington State legislature intent upon saving the salmon and protecting its authority? A spate of stunning ...


The Use Of Preclusion Doctrine, Antisuit Injunctions, And Forum Non Conveniens Dismissals In Transnational Intellectual Property Litigation, Peter Nicolas Jan 1999

The Use Of Preclusion Doctrine, Antisuit Injunctions, And Forum Non Conveniens Dismissals In Transnational Intellectual Property Litigation, Peter Nicolas

Articles

Conflicting standards among the federal circuits over the applicability of inherent powers in the transnational intellectual property context and the divided authority regarding the jurisdiction of U.S. federal courts over foreign intellectual property claims severely hamper the ability of federal district courts to use these tools in such a manner so as to prevent parties in transnational intellectual property suits from engaging in strategic behavior. This Comment seeks to reconcile these conflicts where possible and, where irreconcilable, to demonstrate that the text and history of federal statutes conferring subject matter jurisdiction on federal courts and placing limits on their ...


West Virginia's Adoption Statute: A History Of A Work In Progress, Lisa Kelly Jan 1999

West Virginia's Adoption Statute: A History Of A Work In Progress, Lisa Kelly

Articles

More than two years have passed since the Legislature reformed West Virginia's adoption statute. The goal of this article is to provide a kind of legislative history to deepen the reader's understanding of the current statute. This history will include an explanation of the West Virginia Law Institute's Proposal, as well as the Legislature's reaction to it. In Part II, I will detail this history. In Part III, I will explain the operation of the current statute, with mention of the few recent adoption decisions that have construed various provisions. In Part IV, I will look ...


Chain Gangs, Boogeymen And Other Real Prisons Of The Imagination, Lisa Kelly Jan 1999

Chain Gangs, Boogeymen And Other Real Prisons Of The Imagination, Lisa Kelly

Articles

This narrative is a fictionalized account of real legal, historical, and interpersonal issues rooted in the social construction of race.


Managing State Trust Lands For Ecosystem Health: The Case Of Washington State's Range And Agricultural Lands, Gregory A. Hicks Jan 1999

Managing State Trust Lands For Ecosystem Health: The Case Of Washington State's Range And Agricultural Lands, Gregory A. Hicks

Articles

The protection of ecosystem health and wildlife habitat on state trust lands has received increasing attention in public lands literature. This article is meant to contribute to that discussion. It is focused on recently adopted land management policies in Washington state which are intended to restore ecosystem health and wildlife habitat on the 1.1 million acres of range and agricultural trust lands in the upland interior of the state's Columbia Plain. The lands in question are lands originally granted to Washington at statehood by the federal government for the support of the common schools and other public institutions ...


Telemedicine And Integrated Health Care Delivery: Compounding Malpractice Liability, Patricia C. Kuszler Jan 1999

Telemedicine And Integrated Health Care Delivery: Compounding Malpractice Liability, Patricia C. Kuszler

Articles

This Article considers how theories of medical negligence might be applied in the context of telemedicine and integrated delivery health plans. Part Two summarizes the history of telemedicine, its increasing breadth of application and opportunity and promise for the future. Part Three reviews traditional negligence principles and precedents and demonstrates how they might be applied when a telemedicine interaction results in negligence and harm to the patient. Part Four discusses evolving theories of shared liability applicable to health plans and managed care entities. Finally, Part Five demonstrates how shared liability theories will be applied to situations involving telemedicine technologies.


How Copyleft Uses License Rights To Succeed In The Open Source Software Revolution And The Implications For Article 2b, Robert W. Gomulkiewicz Jan 1999

How Copyleft Uses License Rights To Succeed In The Open Source Software Revolution And The Implications For Article 2b, Robert W. Gomulkiewicz

Articles

The computer industry moves from one “next great thing” to the next “next great thing” with amazing speed. Graphical user interface, object-oriented programming, client-server computing, multimedia software, Java applets, the network computer, and the Internet have all been hailed as technological breakthroughs at one time or another. Some of these promising developments fizzle, some evolve and succeed slowly, and some revolutionize the industry overnight.

Led by a group of software developers known as “hackers,” the latest “next great thing” is “open source” software. The word “source” refers to software in source code form. Source code is the collection of instructions ...


The Antitrust Duty To Deal And Intellectual Property Rights, James C. Burling, William F. Lee, Anita K. Krug Jan 1999

The Antitrust Duty To Deal And Intellectual Property Rights, James C. Burling, William F. Lee, Anita K. Krug

Articles

This Article discusses how courts have addressed so-called ‘"duty-to-deal" antitrust claims involving intellectual property, and what they should do in those circumstances to ensure appropriate deference to the competition goals of intellectual property doctrine.

Part II discusses duty-to-deal principles in the general case, where intellectual property rights are not at issue, noting that hard and fast rules have yet to emerge.

Part III discusses the approaches courts have taken in the intellectual property context and contends that, although many courts have conducted their analyses with a view to the objectives of patent law, at least two have not, with potentially ...


Federalism In The Era Of International Standards: Federal And State Government Regulation Of Merchant Vessels In The United States (Part Iii), Craig H. Allen Jan 1999

Federalism In The Era Of International Standards: Federal And State Government Regulation Of Merchant Vessels In The United States (Part Iii), Craig H. Allen

Articles

No abstract provided.


Some Of Them Still Don't Get It: Hostile Work Environment Litigation In The Lower Courts, Eric Schnapper Jan 1999

Some Of Them Still Don't Get It: Hostile Work Environment Litigation In The Lower Courts, Eric Schnapper

Articles

This Article describes how the courts of appeals have decided sexual harassment cases in the five years since Harris v. Forklift Systems, Inc., 510 US 17 (1993). In some circuits, events have unfolded largely as Justice Scalia anticipated: the trier of fact—ordinarily a jury—applies the hostile work environment standard announced in Meritor and elaborated upon in Harris.


Still Adjusting To Markman: A Prescription For The Timing Of Claim Construction Hearings, William F. Lee, Anita K. Krug Jan 1999

Still Adjusting To Markman: A Prescription For The Timing Of Claim Construction Hearings, William F. Lee, Anita K. Krug

Articles

This Article argues that, in most cases, there is an optimal time for holding the Markman hearing.

Part II provides a short summary of both the Federal Circuit's holding in Markman and the rationale behind the Supreme Court's affirmance of that holding. It then delves into the predictable effects of Markman, as well as into the maze of questions that the decision has engendered and the ways in which the district courts have answered those questions.

Part III discusses the issue of the timing of claim construction hearings, presenting at the outset the possible alternatives. It argues that ...


Compulsory Arbitration Of Discrimination Claims And The Civil Rights Act Of 1991: Encouraged Or Proscribed?, Mark Adams Jan 1999

Compulsory Arbitration Of Discrimination Claims And The Civil Rights Act Of 1991: Encouraged Or Proscribed?, Mark Adams

Articles

No abstract provided.


Nineteenth-Century Orthodoxy, Richard B. Collins Jan 1999

Nineteenth-Century Orthodoxy, Richard B. Collins

Articles

No abstract provided.


Dedication: Professor Albert E. Utton (1931-1998), David H. Getches Jan 1999

Dedication: Professor Albert E. Utton (1931-1998), David H. Getches

Articles

No abstract provided.


No Vehicles In The Park, Pierre Schlag Jan 1999

No Vehicles In The Park, Pierre Schlag

Articles

No abstract provided.


Chevron, Cooperative Federalism, And Telecommunications Reform, Philip J. Weiser Jan 1999

Chevron, Cooperative Federalism, And Telecommunications Reform, Philip J. Weiser

Articles

No abstract provided.


Victims' Rights, Rule Of Law, And The Threat To Liberal Jurisprudence, Ahmed A. White Jan 1999

Victims' Rights, Rule Of Law, And The Threat To Liberal Jurisprudence, Ahmed A. White

Articles

No abstract provided.


Do They Practice What We Teach?: A Survey Of Practitioners And Estate Planning Professors, Wayne M. Gazur Jan 1999

Do They Practice What We Teach?: A Survey Of Practitioners And Estate Planning Professors, Wayne M. Gazur

Articles

This article presents the results of a 1998 mail survey sent to members of the American Bar Association Real Property, Probate & Trust Law Section and to law professors teaching estate planning. The principal goal of the survey was to compare the opinions of practitioners and law professors concerning the importance of 31 estate planning issues and techniques. The survey also included an open-ended solicitation of issues deemed significant by the participant.

The survey found consistency between practitioner and professor responses with respect to techniques such as Crummey planning. Legal education appears to be effective in dealing with core principles. More ...


Rethinking Statutory Antiwaiver Provisions Following The Lloyd's Of London Litigation, Mark J. Loewenstein Jan 1999

Rethinking Statutory Antiwaiver Provisions Following The Lloyd's Of London Litigation, Mark J. Loewenstein

Articles

In the Lloyd's of London cases, the United States Courts of Appeals upheld certain forum-selection clauses that effectually deprived investors of the protections of the federal securities laws as if the investors had expressly waived those protections. This article examines statutory antiwaiver provisions in light of the Lloyd's cases, exploring the effect those provisions have on the administration of the federal securities laws, and suggests that the law be amended to allow contractual waiver in certain circumstances.


Response, What The Twins Saw, Paul F. Campos Jan 1999

Response, What The Twins Saw, Paul F. Campos

Articles

No abstract provided.


Muddling Along With The Federal Wealth Transfer Tax: A Survey Of Practitioners And Law School Professors, Wayne M. Gazur Jan 1999

Muddling Along With The Federal Wealth Transfer Tax: A Survey Of Practitioners And Law School Professors, Wayne M. Gazur

Articles

Recent efforts to repeal the wealth transfer tax system have prompted enormous discussion. In this Article, the author presents the results of his survey of members of the American Bar Association Real Property, Probate and Law Section about this issue and other reforms which have been enacted or suggested.


Privacy And Celebrity: An Essay On The Nationalization Of Intimacy, Robert F. Nagel Jan 1999

Privacy And Celebrity: An Essay On The Nationalization Of Intimacy, Robert F. Nagel

Articles

No abstract provided.


Victims' Rights: Rethinking Our "Adversary System", William T. Pizzi Jan 1999

Victims' Rights: Rethinking Our "Adversary System", William T. Pizzi

Articles

No abstract provided.


California's Sexually Violent Predator Act: The Role Of Psychiatrists, Courts, And Medical Determinations In Confining Sex Offenders, Carolyn B. Ramsey Jan 1999

California's Sexually Violent Predator Act: The Role Of Psychiatrists, Courts, And Medical Determinations In Confining Sex Offenders, Carolyn B. Ramsey

Articles

No abstract provided.


A Central Filing System For Financing Statements, Arthur H. Travers, John L. Mccabe Jan 1999

A Central Filing System For Financing Statements, Arthur H. Travers, John L. Mccabe

Articles

No abstract provided.