Law Commons^™

Private Adjudicators And The Public Interest: The Expanding Scope Of International Arbitration, William W. Park

Faculty Scholarship

When Solomon arbitrated a child custody dispute, the baby almost perished.' Today's arbitrator probably could not propose such a drastic award. Yet courts may refuse to compel arbitration of some disputes for fear that societal interests may suffer a fate similar to that which would have befallen the baby under Solomon's initial judgment. The parties to the dispute are not free to compromise rights other than their own.

A Relational Theory Of Secured Financing, Robert E. Scott

Faculty Scholarship

Despite advances in finance theory, secured debt remains a puzzle. As a consequence, the justification for the current legal regulation of secured financing is similarly unclear. What purposes, whether benign or malignant, does security serve? And what explains the peculiar system of priorities established by Article 9 of the Uniform Commercial Code? These are particularly urgent questions for students of commercial law because legally created priorities among creditors are an apparent aberration. In most legal regimes, equal treatment of those similarly situated is an important normative goal. Indeed, much of federal bankruptcy law seems to reflect a conception of business …

The Limits Of Rationality And The Place Of Religious Conviction: Protecting Animals And The Environment, Kent Greenawalt

Faculty Scholarship

When people hold religious views that have implications for moral choices and for the desirable uses of law, may they properly rely on those religious views in our liberal democracy? The commonly expressed ideas that church and state are separate and that no group should impose its religious views on others may seem to suggest that political dialogue and bases for political decisions should be wholly nonreligious. This position, which is the main target of this Article, receives articulate defense among prominent social philosophers. This Article urges a different position: that no commonly shared ground of decision is available for …

Comment On Professor Van Alstyne's Paper, Henry P. Monaghan

Faculty Scholarship

My major difficulty with Professor Van Alstyne's paper is its incomplete character. In the end, he makes only two points: first, judges are authorized to apply "this Constitution," not to do justice; and second, judges should not lie about what they are doing. The danger is that after a while the first point sounds somewhat empty, while the actual content of the second point seems entirely parasitic on the first.

Attorney Loyalty And Client Perjury - A Postscript To Nix V. Whiteside, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

How much, if at all, can a criminal defense lawyer cooperate in his or her client's decision to commit perjury? Courts, commentators, and bar committees have grappled with this question for years without offering clear or consistent guidelines. Any principled response must take into account some very hard questions. Under what circumstances, for instance, does the lawyer ever really "know" that his client's proposed testimony is false? Is it sufficient if the lawyer simply disbelieves his client's story, or that of his client's witnesses? Does it make any difference if the attorney learns of a plan to perjure during the …

Thinking About The State: Law Reform And The Crown In Canada, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

In August 1985, the Law Reform Commission of Canada released a working paper entitled "The Legal Status of the Federal Administration." The working paper calls for a re-examination of the concept of the federal Crown in Canadian law. In this article, Professor Cohen undertakes a critical examination of the focus and methodology of the Commission's work. Professor Cohen commends the Commission for its excursion into the field of law reform and the state, but points out that this working paper represents an incomplete and flawed treatment of the subject. In light of this, Professor Cohen proceeds to describe and evaluate …

Torts, Ralph Michael Stein

Elisabeth Haub School of Law Faculty Publications

While the last several years have witnessed significant change in the field of tort law, viewed as advancement by some and regression by others, 1985 was a relatively stable year, at least in the courtroom. With a sometimes real, sometimes imagined, crisis in the liability insurance field, the drive to change, reform, improve, and re-package the law of civil wrongs has been in full swing. A myriad of legislative proposals followed a continued public debate, fueled by high pressure advertising campaigns, about the societal cost of the common law tort system. Local governments threatened to close parks and police departments; …

Why Prosecutors Misbehave, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The author, perhaps the nation's top authority on prosecutorial misconduct, raises and analyzes two questions: Why does this misconduct occur? (It often pays off.) And why does it continue? (There are no effective sanctions.)

Court-Ordered Foster Family Care Reform: A Case Study, Michael B. Mushlin

Elisabeth Haub School of Law Faculty Publications

The authors examine the implications of G. L. v. Zumwalt, a case that resulted in a far-reaching consent decree that mandates specific reforms in policy and practice to be implemented by a public social welfare agency in its delivery of services to foster children and their families.

A Uniform Rule Governing The Admission And Practice Of Attorneys Before United States District Courts, Michael S. Ariens

Faculty Articles

The increase in the interstate and international practice of law necessitates a review of the rules governing the admission of attorneys to practice before federal district courts. By virtue of the sweep of their jurisdictional net, federal district courts are likely to be the fora for litigating most interstate or international disputes. The present rules, based upon the antiquated notion that lawyers only rarely practice law in federal district court, and then only in the federal district court located in the state in which they practice, do not address this change in the practice of law.

For these reasons, a …

Remarks, Investiture Of Hon. Thomas J. Mcavoy, Roger J. Miner '56

Judges

No abstract provided.

Remarks, Investiture Of Hon. Con. G. Cholakis, Roger J. Miner '56

Judges

No abstract provided.

Remarks, Dedication Of Portrait Of The Honorable William F. Christiana, Roger J. Miner '56

Judges

No abstract provided.

The Federal Circuit's 1985 Tax Cases: The Exercise Of Equity, William S. Blatt

Articles

No abstract provided.

Civil Procedure In Brazil, Keith S. Rosenn

Articles

No abstract provided.

The National Treatment Requirements Of The Berne And Universal Copyright Conventions [Part 1], David Vaver

Articles & Book Chapters

States are constantly engaged in the process of revising or amending their copyright laws to cope with the pressures of new technologies and the demands of various classes of persons or entities who wish to acquire new rights over copyright works. Since most states are now parties to either or both the Revised Berne Convention (RBC) and the Universal Copyright Convention (UCC), they are aware that any reform of their laws must comply with the obligations imposed by these Conventions. Currently the United States, which is bound only by the UCC, is considering what changes may be necessary to its …

Recovery Of The Indirect Profits Of Wrongful Killing: The New Constructive Trust And The Olson Case, John D. Mccamus

Articles & Book Chapters

The decision of Trainor J. of the British Columbia Supreme Court in Rosenfeldt v. Olson (1984), 20 E.T.R. 133, is boldly innovative. Having murdered 11 children, Clifford Olson agreed to provide incriminating information concerning the remains of his victims to the R.C.M.P. in exchange for the payment of money into a trust held for the benefit of his wife and child. No doubt legal advisors on both sides of this transaction had some reason to believe that its structure would, or at least might, prevent the application of the general principle that a person who wrongfully kills another will not …

The Connection Between Law And Morality: Comments On Dworkin, David B. Lyons

Faculty Scholarship

Our discussions yesterday seemed haunted by a contrast--never quite formulated--between Natural Law and Legal Positivism. The standard interpretation turns on the idea of a "necessary connection" between law and morality. Positivism has often been understood to hold, and Natural Law to deny, that there can be unjust laws.

The Right Of Elderly Patients To Refuse Life-Sustaining Treatment, George J. Annas

Faculty Scholarship

Some legislation, such as law permitting living wills, has addressed the problem of decisions regarding life-sustaining treatment for the elderly. Most of the developing law on the subject is, however, being made by the courts, often in prospective decisions about treatment. These rulings have followed a variety of approaches to the ends of protecting incompetent patients and enforcing the right of the competent to make their own decisions.

Historical Aspects Of Legal Interpretation, Peter Goodrich

Articles

No abstract provided.

Strategies For Ameliorating The Immigration Consequences Of Criminal Convictions: A Guide For Defense Attorneys, Maryellen Fullerton, Noah Kinigstein

Faculty Scholarship

No abstract provided.

Justice William J. Brennan, Jr.: A Justice For All Seasons, Joel Gora

Faculty Scholarship

No abstract provided.

Copyright: Factual Compilations And The Second Circuit, Beryl R. Jones-Woodin

Faculty Scholarship

No abstract provided.

Session Law 86-152, Florida Senate & House Of Representatives

Staff Analysis

No abstract provided.

Session Law 86-287, Florida Senate & House Of Representatives

Staff Analysis

No abstract provided.

Session Law 86-269, Florida Senate & House Of Representatives

Staff Analysis

No abstract provided.

Session Law 86-245, Florida Senate & House Of Representatives

Staff Analysis

No abstract provided.

Session Law 86-250, Florida Senate & House Of Representatives

Staff Analysis

No abstract provided.

Session Law 86-272, Florida Senate & House Of Representatives

Staff Analysis

No abstract provided.

Session Law 86-262, Florida Senate & House Of Representatives

Staff Analysis

No abstract provided.