Law Commons^™

West Lynn Creamery And The Constitutionality Of State Tax Incentives, Walter Hellerstein

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One of the more perplexing questions that has surfaced from time to time in the state tax field is how a constitutionally benign tax incentive program designed to attract industry to a state is to be distinguished from an unconstitutionally discriminatory taxing scheme that “forecloses tax-neutral decisions” and “provides a direct commercial advantage to local business.” On one hand, the U.S. Supreme Court has expressed the view that its decisions do “not prevent the States from structuring their tax systems to encourage the growth and development of intrastate commerce and industry.” On the other hand, the Court has frequently invalidated …

Implementation And Impact Of The Patient Self-Determination Act, Denise C. Park, Thomas A. Eaton, Edward J. Larson, Helen T. Palmer

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The Patient Self-Determination Act became effective in December 1991 and mandates that patients be given information about legal rights regarding living wills and durable powers of attorney for health care. We investigated the impact this law has had on hospitals, medical personnel, and patients. We conducted a survey of all hospitals in the state of Georgia, collecting data regarding implementation and knowledge of the law, as well as effects of the law and beliefs about it. The data indicated that hospitals relied primarily on the Georgia Hospital Association for implementation policy, that "minimalist" implementation of the law occurs in most …

Brief Amicus Curiae Of Eleven Copyright Law Professors In Princeton University Press V. Michigan Document Services, Inc., L. Ray Patterson

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The issue dealt with in this amici curiae brief is the judicial ability (or inability) to take away rights granted by Congress in 17 U.S.C. S 107, the fair use doctrine.

On June 9, 1994, the United States District Court for the Eastern District of Michigan, Southern Division, issued an opinion in Princeton University Press v. Michigan Document Services, Inc., granting several publishers a permanent injunction prohibiting a commercial copying service from photocopying excerpts from copyrighted works chosen by professors and compiled as course packets to be used by university students in class. The court held that such photocopying was …

The Treachery Of Perception: Evidence And Experience In Clarissa, Judy Cornett

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No abstract provided.

Starting With The Students: Lessons From Popular Education, Fran Ansley

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No abstract provided.

Courage In The Holocaust, Lawrence Raful

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No abstract provided.

Drennon V. General Electric Company, Penny White

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No abstract provided.

Freedom Of Contract: The Trojan Horse Of Rule 10b-5, Margaret V. Sachs

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Before the late 1980s, traditional contract law played virtually no role in private litigation under section 10(b) of the Securities Exchange Act of 1934 and rule 10b-5. The reason was perceived incompatibility. The 1934 Act is regulation intended to supersede “the philosophy of caveat emptor,” whereas traditional contract law promotes bargaining free of regulation. In the late 1980s, however, the tide turned. Since that time, private rule 10b-5 litigation has become riddled with the vocabulary of traditional contract jurisprudence – the statute of frauds, merger clauses, attorneys' fees clauses, choice of law clauses, releases, and the formation of an agreement. …

Doing Environmental Justice In Appalachia: Lawyers At The Grassroots And The Aspiration Of Social Change, Dean Rivkin

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No abstract provided.

10 Things They Never Taught You In Law School, Penny White

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No abstract provided.

Payment Demands For Spurious Copyrights: Four Causes Of Action, Paul J. Heald

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“COPYING IS ILLEGAL” declares the final page of the chorus from the Bach cantata lying to the right of my computer. The slogan is ingeniously printed in gray across the entire page so that it will show up clearly if any photocopies are made. The first page of the text contains the copyright symbol and the name and address of the “sole selling agent” of the putative copyright owner. Apparently, the copyright claimant would prefer to sell additional copies of the music rather than receive royalties for copying done by users. “ALL COPYING IS ILLEGAL” states the edition of Shakespeare's …

Forward: Understanding The Place Of Limited Liability Companies In The Spectrum Of Business Forms, Charles R.T. O'Kelley

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This Symposium presents an array of articles addressing the Oregon Limited Liability Company Act. The articles are designed to give both practitioners and policymakers insight into both Oregon's version of the LLC and its cousins in other jurisdictions.

Legal Classics: After Deconstructing The Legal Canon, Francis J. Mootz Iii

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The debate over the canon has gripped the University in recent years. Defenders of the canon argue that canonical texts embody timeless and universal themes, but critics argue that the process of canonization subordinates certain people and viewpoints within society in order to assert the existence of a univocal tradition. Originating primarily in the field of literary criticism, the canon debate recently has emerged in legal theory.

Professor Francis J. Mootz argues that the issues raised by the canon debate are relevant to legal scholarship, teaching and practice. After reviewing the extensive commentary on the literary canon, Professor Mootz criticizes …

Punitive Damages--Developments In Section 1983 Cases, Eileen Kaufman, Martin A. Schwartz

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No abstract provided.

The Use Of The Public Trust Doctrine As A Management Tool Over Public And Private Lands, Patricia E. Salkin

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No abstract provided.

Affordable Housing: Update On Federal And State Activities, Patricia E. Salkin

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No abstract provided.

The Dismantling Of Mcdonnell Douglas V. Green: The High Court Muddies The Evidentiary Waters In Circumstantial Discrimination Cases, Melissa A. Essary

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No abstract provided.

Ethics, The Legacy Of The Reverend Doctor Martin Luther King, Jr., And The Movement Toward Environmental Justice, Beverly Mcqueary Smith

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No abstract provided.

Employment Discrimination: Recent Developments In The Supreme Court, Eileen Kaufman

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No abstract provided.

Critical Thoughts About Race, Exclusion, Oppression And Tenure, Deborah W. Post

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No abstract provided.

Restricting The Right Of Correspondence In The Prison Context: Thornburgh V. Abbott And Its Progeny, Samuel J. Levine

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In Thornburgh v. Abbott, the Supreme Court upheld the constitutionality of regulations that allowed prison officials to reject certain publications sent by publishers to prisoners. Finding the regulations reasonably related to legitimate penological interests, the Court for the first time applied a reasonableness standard to restrictions that directly affected the First Amendment rights of nonprisoners. Part I of this Note briefly reviews the instrumental Supreme Court decisions addressing First Amendment rights in the prison context. This Part traces the development of the standard of review for prison regulations that restrict First Amendment freedoms for both prisoners and nonprisoners. It concludes …

National Performance Review: A Renewed Commitment To Strengthening The Intergovernmental Partnership, Patricia E. Salkin

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No abstract provided.

Employment Discrimination: Recent Developments In The Supreme Court (Symposium: The Supreme Court And Local Government Law: The 1992-93 Term), Eileen Kaufman

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At a symposium entitled, “The Supreme Court and Local Government Law; The 1992/93 Term”, Professor Eileen Kaufman spoke about the cases involving employment discrimination that were decided during that particular Term, Hazen Paper Company v. Biggins and St. Mary's Honor Center v. Hicks. While Hazen is an age discrimination case and St. Mary's is a Title VII case, they can be viewed as companion cases which serve to explain what an employment discrimination plaintiff must now establish when attempting to prove disparate treatment by indirect evidence. By way of preview, suffice it to say that plaintiff's task has been made …

Trances, Trials, And Tribulations; Symposium Comparing New York And Federal Evidence Law, Gary Shaw

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A transcript of the author’s remarks at a 1994 symposium comparing New York and Federal Laws regarding hypnosis and witness testimony.

China And The Gatt Agreement On Government Procurement, John Linarelli

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No abstract provided.

Aspirations And Reality In The Law And Politics Of Health Care Reform: Examining A Symposium On (E)Qual(Ity) Care For The Poor, Ann C. Mcginley

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Although the poor had suffered from insufficient health care for years, it was only when the middle class felt the economic pinch that health care reform moved to the top of the national agenda. In this way, the poor, a group with little political power, could benefit from the enormous political power of the middle class. In the Fall of 1992, it appeared that it was time for the poor to consider building a coalition with the middle class to work for universal coverage and improved quality of care. Yet, many questions remained about whether a coalition would benefit the …

The Importance Of 'Nutshells', Alan Watson

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In modern legal systems, common law and civil law alike, and their spread over many territories in several continents, are inconceivable without the input of Nutshells often written in far-off times and in far-away places. I also want to show that the history of Nutshells vividly illumines themes that I have pressed for decades.3 First, they demonstrate the easy transmissibility of legal rules, institutions, concepts and structures from one society to other, very different, ones. Second, they indicate the frequent longevity of such rules, institutions, concepts and structures. Third, their very success is attributable to the lack of interest by …

Advising The President: Separation Of Powers And The Federal Advisory Committee Act, Jay S. Bybee

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This Article examines the tensions between Congress, the judiciary, and the President over presidential use of advisory committees. It argues that courts, in attempting to avoid difficult constitutional questions, have misread the Federal Advisory Committee Act (“FACA”). Properly construed, FACA violates separation of powers by limiting the terms on which the President can acquire information from nongovernmental advisory committees.

The author argues that the President does have the power to consult with outside advisers, and that FACA unconstitutionally infringes upon that power. FACA fails to draw a distinction between congressionally created advisory committees and presidentially created advisory committees, and assumes …

The Limitations Of Legislation, David Orentlicher

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No abstract provided.

French And American Judicial Opinions, Michael Wells

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In this Article, I examine the foundations of American judicial form, in particular the proposition that powerful instrumental considerations support the issuance of reasoned opinions. This project proceeds from the belief that the form of judicial opinions deserves serious scholarly attention despite the broad consensus about its value, because it frames the terms of debate on every issue courts confront. My analysis is built on the view that critical insights into the nature of one's own legal system can be gleaned only by "understand[ing] what [one's] system is not," a task that requires putting aside the internal perspective of a …