Law Commons^™

Legal Education, Professionalism, And The Public Interest, Alfred C. Aman

Articles by Maurer Faculty

No abstract provided.

Into Africa: An Introduction To The Southern Africa Exchange Program, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

The Dangers Of Symbolic Legislation: Perceptions And Realities Of The New Burden-Of-Proof Rules, Steve R. Johnson

Articles by Maurer Faculty

One provision of the 1998 IRS Restructuring and Reform Act is new I.R.C. sec. 7491. That section purports to alter the long established rule that the burden of proof in civil tax litigation generally is on the taxpayer. It was enacted with considerable fanfare as a taxpayer-protection measure. However, to minimize the serious effects that a genuine and general burden reversal would occasion, sec. 7491 contains many exceptions and limitations. I argue that these conditions largely swallow the rule, such that the burden of proof will shift in very few actual cases. But ineffective does not mean innocuous. Section 7491 …

Clearing The Air: Four Propositions About Property Rights And Environmental Protection, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.

Precedent Lost: Why Encourage Settlement, And Why Permit Non-Party Involvement In Settlements?, Leandra Lederman

Articles by Maurer Faculty

No abstract provided.

Book Review. Roman Law After The Fall Of Rome, David V. Snyder

Articles by Maurer Faculty

Review of: Stein, Peter, Roman Law in European History. New York: Cambridge University Press, 1999.

Constitutional Tales Of Violence: Populists, Outgroups, And The Multicultural Landscape Of The Second Amendment, David C. Williams

Articles by Maurer Faculty

Traditionally, populists have claimed the Second Amendment as their particular cultural property; by contrast, outgroups and elites have found the Amendment somewhat culturally alien. Recently, some outgroup members have argued that their groups ought to embrace the Amendment because the right to keep and bear arms can be a valuable way of resisting populist oppression. This Article explores this changing multicultural landscape of the Second Amendment It recognizes that in particular instances and in the short term, outgroups might need to arm themselves against hate violence. It argues, however, that only a consensus culture on the use of violence will …

International Law And Global Public Health, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Who’S Afraid Of Functional Claims? Reforming The Patent Law’S §112, ¶ 6 Jurisprudence, Mark D. Janis

Articles by Maurer Faculty

No abstract provided.

Learning From Nepa: Some Guidelines For Responsible Federal Risk Legislation, John S. Applegate, Celia Campbell-Mohn

Articles by Maurer Faculty

The past three or more Congresses have seen substantial efforts to enact "risk reform" legislation that would require environmental, health, and safety regulations to be adopted following the performance of risk assessments modeled on quantitative risk assessment methods for carcinogens. While such a requirement has potentially beneficial effects on the quality of the resulting rules, there is also a substantial potential for mischief by reorienting substantive environmental, health, and safety regulation, and by introducing substantial new costs and delays into the regulatory process. This article, which is derived from a report by the authors to support an American Bar Association …

Foreign Private Investment In Palestine Revisited: An Analysis Of The Revised Palestinian Investment Law, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

The International Legal Implications Of "Non-Lethal" Weapons, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

On Teaching Mediation, Edwin H. Greenebaum

Articles by Maurer Faculty

No abstract provided.

Book Review. National Security And Environmental Protection: The Half-Full Glass, John S. Applegate

Articles by Maurer Faculty

No abstract provided.

The Changing Face Of Privacy Protection In The European Union And The United States, Fred H. Cate

Articles by Maurer Faculty

Among the wide variety of national and multinational legal regimes for protecting privacy, two dominant models have emerged, reflecting two very different approaches to the control of information. The European Union has enacted a sweeping data protection directive that imposes significant restrictions on most data collection, processing, dissemination, and storage activities, not only within Europe, but throughout the world if the data originates in a member state. The United States has taken a very different approach that extensively regulates government processing of data, while facilitating private, market-based initiatives to address private sector data processing.

Under the EU data protection directive, …

Book Review. From Renaissance Poland To Poland's Renaissance, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.

Free Exercise, Federalism, And The States As Laboratories, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.

The Fruits Of Our Labors: An Empirical Study Of The Distribution Of Income And Job Satisfaction Across The Legal Profession, Kenneth G. Dau-Schmidt, Kaushik Mukhopadhaya

Articles by Maurer Faculty

In this study we undertake a simple empirical analysis to examine the distribution of pecuniary and nonpecuniary benefits across the legal profession. Using the University of Michigan alumni data set, we conduct a series of regressions to examine how the participants' self-reported income and job satisfaction vary across the legal profession according to type of practice, gender, and whether the respondent is black or Hispanic. Regression analysis allows us to undertake this analysis while correcting for the effects of several other variables, including years of practice, hours worked, law school grades, satisfaction with family life, and population of the respondent's …

Lawyers Seeking Clients, Clients Seeking Lawyers: Sources Of Contingency Fee Cases And Their Implications For Case Handling, Jayanth K. Krishnan, Herbert M. Kritzer

Articles by Maurer Faculty

This paper examines the ways that Wisconsin contingency fee lawyers obtain clients. It draws upon a survey of Wisconsin practitioners, three months of observation in lawyers' offices, semi-structured interviews with practitioners, a survey of recipients of direct mail solicitations from Wisconsin contingency fee practitioners, and a survey of Wisconsin residents about whether they had predilections concerning which lawyer or law firm they would use should they have an injury claim. The analyses show that most lawyers draw the vast majority of their cases from a combination of referrals from prior clients, referrals from other lawyers (mostly uncompensated referrals), and repeat …

Executive Privilege Since United States V. Nixon: Issues Of Motivation And Accommodation, Dawn E. Johnsen

Articles by Maurer Faculty

No abstract provided.

A Tale Of The Apocryphal Axe: Repair, Reconstruction, And The Implied License In Intellectual Property Law, Mark D. Janis

Articles by Maurer Faculty

No abstract provided.

Second Tier Patent Protection, Mark D. Janis

Articles by Maurer Faculty

No abstract provided.

The "Possession Vs. Use" Debate In The Context Of Securities Trading By Traditional Insiders: Why Silence Can Never Be Golden, Donna M. Nagy

Articles by Maurer Faculty

Traditional insiders occupy a very special position in the scheme of federal securities regulation. However, in a misguided quest for a single answer to the possession vs. use debate, courts, commentators, and even the SEC have tended to marginalize the significant differences between traditional insiders and other securities traders who may possess material nonpublic information. In the aftermath of the circuit court decisions in United States v. Smith and Securities and Exchange Commission v. Adler, courts and the SEC should follow a categorical approach in addressing the possession vs. use question, and should recognize that silence can never be golden …

Which Cases Go To Trial?: An Empirical Study Of Predictors Of Failure To Settle, Leandra Lederman

Articles by Maurer Faculty

No abstract provided.

Apology Excepted: Incorporating A Feminist Analysis Into Evidence Policy Where You Would Least Expect It, Aviva A. Orenstein

Articles by Maurer Faculty

No abstract provided.

The Naked Land: The Dayton Accords, Property Disputes, And Bosnia's Real Constitution, Timothy W. Waters

Articles by Maurer Faculty

The Dayton Accords have brought peace and stability to Bosnia. Yet the Accords were intended to do more: they were meant to create conditions for the restoration of political unity among Bosnia's factions. On these scores, Dayton has failed. Moreover, there remains a wide rift between the international community's perceptions of the local parties' obligations and those parties' own perceptions and conduct.

One of the most complicated aspects of post-conflict Bosnia is the range of disputes over real property. Hundreds of thousands of people have been displaced, and so far Dayton has proven singularly incapable of creating any meaningful resolution. …

When Is Command-And-Control Efficient? Institutions, Technology, And The Comparative Efficiency Of Alternative Regulatory Regimes For Environmental Protection, Daniel H. Cole, Peter Z. Grossman

Articles by Maurer Faculty

Contrary to the conventional wisdom among economists and legal scholars, command-and-control (CAC) environmental regulations are not inherently inefficient or invariably less efficient than alternative "economic" instruments (EI). In fact, CAC regimes can be and have been efficient (producing net social benefits), even more efficient in some cases that alternative EI regimes.

Standard economic accounts of CAC are insensitive to the historical, technological, and institutional contexts that can influence (and sometimes determine) the efficiency of alternative regulatory regimes. A regime that is nominally or relatively efficient in one set of circumstances may be nominally or relatively inefficient in another. In some …

The Human Genome Project's Implications For Autonomy, Respect, And Professionalism In Medical Genetics, Roger B. Dworkin

Articles by Maurer Faculty

No abstract provided.

Is The Medium The Message? A Discussion Of Susskind's The Future Of Law, Edwin H. Greenebaum

Articles by Maurer Faculty

No abstract provided.

Who Determines Children's Best Interests?, Michael Grossberg

Articles by Maurer Faculty

No abstract provided.