Law Commons^™

Clean Water Act Citizens Suits After Gwaltney: Applying Mootness Principles In Private Enforcement Actions, Reed D. Benson

Faculty Scholarship

The Supreme Court recently held that a citizen plaintiff must make a good-faith allegation of an ongoing violation in order to bring an enforcement action under the Clean Water Act. The decision in Gwaltney of Smithfield, Ltd. v. Chesapeake Bay Foundation, Inc., will prevent citizens from bringing suit for the assessment of civil penalties solely for past violations of the Clean Water Act.

A Barrel Without Hoops: The Impact Of Counterterrorism On Israel's Legal Culture, Pnina Lahav

Faculty Scholarship

"'Israel's Defense Forces without law is like a barrel without hoops.'"

Terrorism challenges basic notions of Justice and Law. It demoralizes the State by exposing the inability of its institutions to protect life and liberty. It is the tool of desperados, whose devotion to a given cause has dehydrated their conscience, for whom no means is too ruthless in the struggle to attain the end. Once a society has tasted terrorism, its members expect to be struck anytime, anywhere, and for no reason other than their membership in that society. Only through tremendous inner strength can a society exposed to …

Reconciling Collective Bargaining With Employee Supervision Of Management, Michael C. Harper

Faculty Scholarship

The realities of economic organization in modern industrial states pose a critical dilemma for all who care about democratic ideals. Technological developments and attendant complicated divisions of work have enabled these states to transform their citizens' standards of living; such developments have also, however, brought hierarchical economic organizations' that are unresponsive to the influence of most individual employees. A society that claims to be democratic cannot ignore this condition.² Enhancing individuals' control over their own lives requires institutions that will facilitate democratic decisionmaking about economic production as well as governmental authority.

This Article contributes to thought about such institutions …

Securities Industry Self-Regulation: Tested By The Crash, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Securities Industry Self-Regulation-Tested By The Crash, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

A Cure For Scholarship Schizophrenia: A Manifesto For Sane Productivity And Productive Sanity, Ronald B. Brown

Faculty Scholarship

No abstract provided.

Transnational Takeover Talk: Regulations Relating To Tender Offers And Insider Trading In The United States, The United Kingdom, Germany, And Australia, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

The Ethics Of Insider Trading, Gary S. Lawson

Faculty Scholarship

The quickest way to become famous is often to become infamous, as arbitrageur Ivan Boesky has recently discovered. Prior to November 1986, Mr. Boesky was well-known within the financial community, but largely unknown outside it. That changed dramatically following revelations that he and Dennis Levine, a merger specialist with the investment banking firm of Drexel Burnham Lambert, Inc., had made tens of millions of dollars in the stock market by using Mr. Levine's advance knowledge of impending takeovers by Drexel clients. Today, after disgorging $50 million in profits, paying $50 million in penalties, and receiving a jail sentence,' Mr. Boesky …

Vanessa Redgrave V. Boston Symphony Orchestra, Inc.: A Breach Of Constitutional Dimension, Maria O'Brien

Faculty Scholarship

In Vanessa Redgrave v. Boston Symphony Orchestra, Inc., 399 Mass. 93 (1987), the Supreme Judicial Court (SJC) issued an important ruling on the parameters of the Commonwealth's relatively new Civil Rights Act (MCRA)' by answering two questions certified to it by the United States Court of Appeals for the First Circuit. The SJC held that MCRA is essentially the state equivalent of 42 U.S.C. §1983 without the federal "state action" requirement.' This article briefly examines the SJC's decision in Redgrave in light of Massachusetts precedent and the vast federal experience with §1983 actions (Section I) and then considers the …

Whose Advantage After All: A Comment On The Comparison Of Civil Justice Systems, Herbert L. Bernstein

Faculty Scholarship

No abstract provided.

Conflict Of Laws (1988), Sharon N. Freytag, Don D. Bush, James Paul George

Faculty Scholarship

Conflicts of law occur when foreign elements appear in a lawsuit. Nonresident litigants, incidents in sister states or foreign countries, and lawsuits from other jurisdictions represent foreign elements that may create problems in judicial jurisdiction, choice of law, or recognition of foreign judgments, respectively. This Article reviews Texas conflicts of law during the Survey period from late 1986 through 1987. The survey includes cases from Texas state and federal courts and non-Texas cases affecting Texas practice. Excluded are cases involving federal/state conflicts, criminal law, intrastate matters such as subject matter jurisdiction and venue, except when they relate to the personal …

Drug Product Liability And Health Care Delivery Systems, William M. Sage

Faculty Scholarship

This note will use the principles of law and economics to examine the interaction of market structures and product liability rules in a world of imperfect information. The goals of the analysis are to create incentives for optimal care by producers and consumers, induce the socially appropriate amount of consumption of each product (often referred to as the "activity level"), and minimize the costs of bearing the risk of injury. The note will conclude that the existence of health maintenance organizations ("HMOs") and similar prepaid providers with superior information capacity and total patient care responsibility may create a context in …

In Search Of The Virtuous Prosecutor: A Conceptual Framework, Stanley Z. Fisher

Faculty Scholarship

Questions about the scope and content of the duty to "seek justice" pervade prosecutorial work. Prosecutors are required to serve in a dual role: they are both advocates seeking conviction and "ministers of justice." Observers have complained about a tendency on the part of prosecutors to prefer the former of these "schizophrenic" obligations to the latter. This is commonly described as a tendency to behave overzealously or according to a "conviction psychology. ' "

Informed Consent In The Post-Modern Era, Wendy K. Mariner

Faculty Scholarship

The doctrine of informed consent' is intended to get physicians to talk to their patients so that patients can make reasonably knowledgeable choices about whether to undergo particular forms of medical care. Although the law has long prohibited treatment without the patient's consent,² physicians have resisted the idea that treatment decisions ultimately are for the patient to make. Only recently have physicians been willing to disclose information about the benefits and risks of recommended therapies. ³ Even with the best of intentions, however, the discussions that do take place are often far from the law's ideal of reasonable disclosure …

Risk Communication Law And Implementation Issues In The United States And European Community, Michael S. Baram

Faculty Scholarship

Risk communication has become an important element of public policy in the United States and the European Community (E.C.) for reducing technological risks to workers, product users and community residents. The risk communication process involves disclosure by an industrial firm (or other party) of information about the hazardous attributes of its activity or product to a regulatory agency or to persons who may be at risk, thereby facilitating a shared understanding of the risk and enabling interpretation of various risk prevention and response measures.

There are two general patterns of risk communication. One involves industrial disclosure to a government agency, …

Duty To The Target: Is An Attorney's Duty To The Corporation A Paradigm For Directors?, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Duty To The Target: Is An Attorney's Duty To The Corporation A Paradigm For Directors, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Baby M, The Surrogacy Contract, And The Health Care Professional: Unanswered Questions, Karen H. Rothenberg

Faculty Scholarship

No abstract provided.

Government Official Torts And The Takings Clause: Federalism And State Sovereign Immunity, Jack M. Beermann

Faculty Scholarship

In this article, I argue that state sovereign and official immunities, insofar as they bar recovery when private parties would be liable for similar conduct, are unconstitutional under the takings clause of the fifth amendment, as applied to the states under the fourteenth.²² A state's refusal to compensate plaintiffs for the tortious damage or destruction of property should be redressed by the federal courts in civil actions brought under § 1983.

Section I of this article provides background through a discussion of the Supreme Court's treatment of the problem of torts committed by government officials, primarily in procedural due …

Task Force Reports On Women In The Courts: The Challenge For Legal Education, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Surrogate Parenting: What Should Legislatures Do?, Marsha Garrison

Faculty Scholarship

No abstract provided.

Rediscovering Traditional Tort Typologies To Determine Media Liability For Physical Injuries: From The Mickey Mouse Club To Hustler Magazine, John L. Diamond

Faculty Scholarship

No abstract provided.

No Holier Temples: Protecting The National Parks Through Wild And Scenic River Designation, Brian E. Gray

Faculty Scholarship

No abstract provided.

Developing A Consensus Of Constraint: A Judge's Perspective On Judicial Retention Elections, Joseph R. Grodin

Faculty Scholarship

No abstract provided.

The Exercise Of Jurisdiction Over And Enforcement Of Judgments Against Alien Defendants, Mary Kay Kane, Ronan E. Degnan

Faculty Scholarship

No abstract provided.

Judgment Call: Theoretical Approaches To Contract Decision-Making, Charles L. Knapp

Faculty Scholarship

No abstract provided.

Water And Wilderness/Law And Politics, John D. Leshy

Faculty Scholarship

No abstract provided.

The Making Of The Arizona Constitution, John D. Leshy

Faculty Scholarship

No abstract provided.

Reforming The Mining Law: Problems And Prospects, John D. Leshy

Faculty Scholarship

No abstract provided.

Tax Collection And Populist Rhetoric: Shifting The Burden Of Proof In Tax Cases, Leo P. Martinez

Faculty Scholarship

No abstract provided.