Law Commons^™

Corporation Law After Enron: The Possibility Of A Capitalist Reimagination, David A. Westbrook

Journal Articles

No abstract provided.

Delusions Of Grand Juries, Niki Kuckes

Law Faculty Scholarship

No abstract provided.

Straddling The Electronic And Paper Realms—E-Filing: Part Ii, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

In August 2003, Colorado took another huge stride toward the electornic age by announcing that it would become the first state to allow free online filing of civil cases for qualifying low-income people. The last "Scrivener" column addressed how the courts' shift to electronic formats may alter the way lawyers and judges read and write legal documents. This column addresses some of the practical aspects of preparing documents that some readers will view on paper and others will view only in electronic format.

The Forum (Volume 33, Number 3), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

Consumer Expectations' Last Hope: A Response To Professor Kysar, James A. Henderson Jr., Aaron Twerski

Cornell Law Faculty Publications

The authors agree with Professor Kysar that the current version of the consumer expectations test for design defectiveness is an amorphous, unprincipled misreading of section 402A of the Restatement (Second) of Torts. And they agree that most courts apply risk-utility balancing in determining design defectiveness. But they disagree with Kysar's proposal to supplement risk-utility balancing with a reinvigorated consumer expectations test based on expert testimony regarding what consumers actually expect in the way of design safety. Judicial reliance on such testimony would be susceptible to result-oriented manipulation by litigants, would not guide manufacturers in making sensible design choices, would pressure …

Ethnography In The Realm Of The Pragmatic: Studying Pragmatism In Law And Politics, Annelise Riles

Cornell Law Faculty Publications

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Breaking The Silence: Advancing Knowledge About Adoption For Counseling Psychologists, Amanda Baden, Kathy P. Zamostny, Mary O'Leary Wiley, Karen M. O'Brien, Richard M. Lee

Department of Counseling Scholarship and Creative Works

Provides an introduction to the Major Contribution for this issue of Counseling Psychologist. The Major Contribution consists of an overview article describing the practice of adoption and two detailed reviews of recent empirical literature related to adoptive families and transracial adoptees. Given the prevalence of people affected by adoption, the lack of knowledge regarding adoption among researchers and practitioners, the inattention to adoption research by psychology, and the negative myths about and stigma faced by adoptive triad members, the Major Contribution will have the following as its purposes: (a) to increase awareness of the psychological and sociocultural issues involved in …

The Practice Of Adoption: History, Trends, And Social Context, Amanda Baden, Kathy P. Zamostny, Karen M. O'Brien, Mary O'Leary Wiley

Department of Counseling Scholarship and Creative Works

This article presents an overview of the practice of adoption to counseling psychologists to promote clinical understanding of the adoption experience and to stimulate research on adoption. The article includes definitions of adoption terminology, important historical and legal developments for adoption, a summary of adoption statistics, conceptualizations of adoption experience, themes and trends in adoption outcome research related to adoptees and birthparents, and selected theoretical models of adoption. The importance of considering social context variables in adoption practice and research is emphasized.

Advancing Environmental Justice Norms, Clifford Rechtschaffen

Publications

Part I of this Article provides brief background on the environmental justice movement. Part 11 generally describes some of the challenges that environmental justice principles pose for the traditional environmental decision-making paradigm. Part III presents several specific examples of how environmental justice norms can be incorporated to improve the ethical outcomes of traditional agency decision making.

Political Correctness Today, Joseph Ellin

Center for the Study of Ethics in Society Papers

Paper presented to the Center of the Study of Ethics in Society Western Michigan University, November 14th, 2003.

Inside Unlv, Gian Galassi, Cayrn Key, Carol C. Harter, Patrick Ferrillo

Inside UNLV

No abstract provided.

Ndls Update 11/2003-12/2003, Notre Dame Law School

NDLS Update

No abstract provided.

Vol. 1, No. 11 (November 2003)

Indiana Law Update

No abstract provided.

The Expectations Of Consumers, Douglas A. Kysar

Cornell Law Faculty Publications

In the few years following promulgation of the Restatement (Third) of Torts: Products Liability, several courts have reaffirmed their allegiance to the consumer expectations test for product design defect liability, while rejecting the Restatement's contrary recommendation to adopt a design defect test that focuses primarily on technical features regarding the risk and utility of alternative product designs. In this Article, Professor Kysar reviews the post-Third Restatement decisions, identifying within them a common failure to articulate a coherent, independent doctrinal role for the consumer expectations test, despite the courts' clearly expressed desire to do so. In Kysar's view, courts adhering to …

The Balancing Act Of Copyright: The Copyright Laws Of Australia And The United States In The Digital Era, Dilan J. Thampapillai

Cornell Law School J.D. Student Research Papers

The digital era has posed a unique challenge to copyright law. The emergence of the information technology revolution and the internet has increased the ability and the willingness of copyright users to copy and distribute protected material. In response to this phenomenon copyright owners have pushed for stronger laws to protect their content from infringement. Their success has prompted a strong counter reaction from copyright users and consumer groups.

This paper seeks to examine how changes to Australian and US copyright law have resulted in an imbalance between owners and users and whether the traditional safeguards of fair dealing and …

The Situation: An Introduction To The Situational Character, Critical Realism, Power Economics, And Deep Capture, Jon Hanson, David Yosifon

Faculty Publications

Throughout most of this introductory Article, we will focus our arguments primarily on economics and law and economics. We believe, however, that the implications of our inquiry extend far beyond those domains. The tendencies we hope to elucidate find their origins in the human animal, not in any particular legal theoretic perspective. It happens that these tendencies are especially prominent in law and economics, currently the dominant theoretical paradigm for creating and analyzing legal policy. But the relevance of our thesis is not confined to one approach , or even to legal-political questions. All humans are more or less implicated, …

Understanding Price-Based Antidilution Protection: Five Principles To Apply When Negotiating A Down-Round Financing, Robert P. Bartlett

Scholarly Works

As most venture capital investors are aware, the economic downturn of the past two years—and the concomitant decrease in private company valuations—has created an opportunity for significant returns on new venture investments seldom seen since the early 1990s. Yet while the investment opportunities of the current economic environment may have attractive financial valuations, they frequently come with the added cost of significant transactional complexity. In particular, the issuance of securities by a private company at a price that is below the price previously paid by the company's investors (typically referred to as a “down-round” financing) may trigger one or more …

Beware Of Lawyers Bearing Ggifts: A Critical Evaluation Of The Report Of Wg Ii To The European Convention On Incorporation Of The Eu Charter Of Fundamental Rights And Accession To The European Convention Of Human Rights., Stephen Carruthers

Articles

This article undertakes a critical analysis of the fundamental rights provisions of the draft Treaty establishing a Constitution for Europe as presented to the President of the European Council in Rome on 18 July 2003, and in particular the Articles in Parts I and II of the draft Constitution incorporating proposals made in the final Report of Working Group II on “Incorporation of the Charter/Accession to the ECHR”.

Daubert & Danger: The "Fit" Of Expert Predictions In Civil Commitments, Alex Scherr

Scholarly Works

The opinions of experts in prediction in civil commitment hearings should help the courts, but over thirty years of commentary, judicial opinion, and scientific review argue that predictions of danger lack scientific rigor. The United States Supreme Court has commented regularly on the uncertainty of predictive science. The American Psychiatric Association has argued to the Court that "[t]he professional literature uniformly establishes that such predictions are fundamentally of very low reliability." Scientific studies indicate that some predictions do little better than chance or lay speculation, and even the best predictions leave substantial room for error about individual cases. The sharpest …

New Studies Provide Insight Into How Disputants Value Case Evaluation By Third Parties, Gregory Todd Jones, Douglas H. Yarn

Faculty Publications By Year

No abstract provided.

Georgia's Public Service Bar Exam Alternative, Andrea A. Curcio, Clark D. Cunningham

Faculty Publications By Year

No abstract provided.

Rethinking Racial Profiling: A Critique Of The Economics, Civil Liberties, And Constitutional Literature And Of Criminal Profiling More Generally, Bernard E. Harcourt

Public Law and Legal Theory Working Papers

New data on highway stops and searches from across the country have spawned renewed debate over racial profiling on the roads. The new data reveal consistently disproportionate searches of minority motorists, but, very often, an equal or lower general success rate—or “hit rate”—associated with those searches. Economists are developing new models of racial profiling to test whether the data are consistent with policing efficiency or racial prejudice, and argue that equal hit rates reflect that the police are maximizing the success rate of their searches. Civil liberties advocates are scrutinizing the same data and, in most cases, reaching opposite conclusions. …

A Novel Approach To History: Arnold Bennett, Marie Corelli And The Interior Lives Of Single Middle-Class Women, England, 1880-1914, Sharon Crozier-De Rosa

Faculty of Law, Humanities and the Arts - Papers (Archive)

There are many ‘gaps’ or ‘silences’1 in women’s history – especially in relation to their interior lives. Historians seeking to penetrate the thoughts and emotions of ‘ordinary’ single middle-class women living during the Late Victorian and Edwardian years have a challenging task. These women rarely left personal documents for historians to analyse. Novels, particularly popular or bestselling novels, represent one pathway into this realm. Popular novels are numbered among the few written sources that are available to help historians to fill in some of the absences in the conventional historical record. I have chosen a selection of the novels of …

Rwu School Of Law Enewsletter, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Building An Environmental Ethic From The Ground Up, Alyson C. Flournoy

UF Law Faculty Publications

Over the last twenty years there has been a remarkable theoretical flourishing in the field of environmental philosophy, with the development of biocentric ethics, animal rights theories, deep ecology, ecofeminism, modified utilitarianism, moral pluralism and theories drawing on numerous religious and cultural traditions. These theories explore the intellectual and moral causes for the environmentally destructive practices of the dominant western industrial and economic culture, and propose alternatives that might avoid these consequences. This symposium raises a worthy question: to what extent have these theories had practical impact on environmental law and policy. I come to this question as a lawyer …

The Copyright Divide, Peter K. Yu

Faculty Scholarship

Most recently, the recording industry filed 261 lawsuits against individuals who illegally downloaded and distributed a large amount of music via peer-to-peer file-sharing networks, such as KaZaA, Grokster, iMesh, and Gnutella. Although the industry's recent approach was controversial and resulted in major criticisms from legislators, academics, civil libertarians, consumer advocates, and university officials, the copyright holders' aggressive tactics are not new.

In fact, copyright holders have been known for using, or encouraging their government to use, coercive power to protect their creative works. Only a decade ago, the U.S. copyright industries have lobbied their government to use strong-armed tactics to …

Managed Care’S Crimea: Medical Necessity, Therapeutic Benefit, And The Goals Of Administrative Process In Health Insurance, William M. Sage

Faculty Scholarship

This Essay explores the concept of medical necessity as it has evolved in the judicial and administrative oversight of managed care. The goals of the Essay are to illustrate the range of plausible rationales for establishing administrative procedures to govern medical necessity disputes, and to demonstrate the difficulty of incorporating into those procedures the most important professional and social responsibilities of managed care in today’s health care system. Part I of the Essay explains the ideological and practical significance of medical necessity as managed care has evolved. Part II examines medical necessity as a legal problem, and questions whether current …

Do Asian Men Face Wage Discrimination In The United States?, Marlene Kim

Institute for Asian American Studies Publications

Currently there is a debate regarding whether Asian men suffer from workplace discrimination on account of their race. The research findings have been mixed. Cabezas and Kawaguchi (1988) found that in the San Francisco Metropolitan Area, both foreign-born and U.S.-born men who were of Chinese, Japanese, Filipino, and Korean descent earned less than similarly qualified U.S.-born white men, although they did not examine the statistical significance of these findings. Using the same 1980 census data on a national sample of Chinese, Filipino, Japanese, Asian Indian, and Korean men, Duleep and Sanders (1992) find differences in earnings by race that are …

Larger Issues At Stake In Unnatural Sex Debate, Seow Hon Tan

Research Collection Yong Pung How School Of Law

The recent debate about the criminal prohibition of oral sex provides an occasion for considering larger, related issues. However prevalent the practice of oral sex and however archaic Section 377 of the Penal Code seems to those pushing for its repeal, the arguments offered have tended to take a piecemeal approach and display an ignorance of or disregard for the larger interests at stake.

19th Annual Environmental Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 19th Annual Environmental Law Institute held by UK/CLE in November 2003.