Law Commons^™

Jonathan Pollard: A More Genuine Notion Of Justice, Kenneth Lasson

All Faculty Scholarship

Perhaps the president, visibly moved by the film, would sympathize with the moral impulse that drove [Jonathan Pollard] to give vital defense information to Israel. Perhaps he'd likewise equate Nazi Germany with demonic Iraq. Perhaps Mr. [Clinton], currently compiling his own list of presidential pardons, would see to it that the horrendous life sentence handed Pollard in 1985 be commuted to time served.

Particularly galling, though, are the potshots from two former Justice Department prosecutors - the politically ambitious Joseph DiGenova and his former assistant David Geneson - who effectively bargained Pollard out of a trial by promising not to …

Care For Those Who Wore The Uniform, Kenneth Lasson

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Considerations were granted to American war veterans as far back as 1636, when the pilgrims, in the midst of an Indian insurrection, devised a special law providing rights and assistance to those who fought. Various of the early American colonies passed similar laws for disabled veterans, and by the time of the Revolution the benefits concept had been firmly established.

Said Calvin Coolidge in 1920: "The nation which forgets its defenders will itself be forgotten." But such platitudes did little to solve the fragmented administration of veterans' affairs, which inevitably was overwhelmed by the sheer volume of cases. Thus was …

Federal Income Taxation Of U.S. Branches Of Foreign Corporations: Separate Entity Or Separate Rules?, Fred B. Brown

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Foreign corporations conduct U.S. business activities either through U.S. subsidiaries or U.S. branches. A U.S. subsidiary of a foreign corporation generally is taxed as any other domestic corporation, that is, as a separate taxable entity apart from its foreign parent. In contrast, a U.S. branch of a foreign corporation is not treated as a separate taxable entity; instead, the Code and regulations employ a set of special rules that allocate and apportion to the U.S. branch a portion of the foreign corporation's income in order to determine the net income subject to U.S. tax.

The rules used for taxing U.S. …

Groveling At The Feet Of Football's Greedy Lords, Kenneth Lasson

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No abstract provided.

The Reunification Of Contract: The Objective Theory Of Consumer Form Contracts, Michael I. Meyerson

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Despite the ubiquitousness of standard form contracts in the world of consumer transactions, there is no consensus as to how these contracts ought to be constructed. Some courts continue to treat form contracts as if they were classically negotiated contracts. Others attempt in a variety of ways to factor in the reality that consumers entering into these contracts are not able to negotiate the terms and almost always sign these documents, which are presented on a take-it-or-leave-it basis, without reading them. This article posits that the cause of this continued confusion over form contracts is due to a basic failure …

The Myth Of The Impartial Judge, Jane C. Murphy

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No abstract provided.

Lawyering For Social Change: The Power Of The Narrative In Domestic Violence Law Reform, Jane C. Murphy

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The role of the narrative or story in legal discourse has been explored and developed in legal scholarship over the last several years. The goals of the various calls for more storytelling in the legal context vary. They generally relate, however, to a desire to move away from exclusive reliance on abstract legal argumentation to persuade. The goals of ‘storytellers‘ are also linked to furthering an understanding of the dynamics of oppression based on race or gender, or both.

The judicial and legislative processes have always included a narrative component. Clinical legal scholarship has also explored the critical role of …

A Unified Approach To Causation In Disparate Treatment Cases: Using Sexual Harassment By Supervisors As The Causal Nexus For The Discriminatory Motivating Factor In Mixed Motive Cases, Margaret E. Johnson

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This Comment examines a unified approach for disparate treatment mixed motives claims paired with sexual harassment claims under Title VII. The Author argues that because of the policy for nondiscriminatory and desegregated work environments embodied in Title VII, and because of the documented harm resulting from sexual harassment, courts should allow the burden of proof to shift to the defendant if the plaintiff demonstrates that her supervisor sexually harassed her, or condoned the harassment, and that the harassing supervisor made an employment decision that was adverse to her.

The Art Of Line Drawing: The Establishment Clause And Public Aid To Religiously Affiliated Child Care, Elizabeth Samuels

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The Article analyzes both the meaning and the constitutionality of Child Care Development Block Grant's church-and-state-related provisions in light of existing Supreme Court Establishment Clause jurisprudence. The CCDBG's church-and-state-related provisions represent a legislative effort to perform the type of Establishment Clause line drawing that the Supreme Court has traditionally undertaken and continues to undertake in cases involving aid to religious institutions. The congressional debate and the public controversy it engendered over line drawing between permissible and impermissible aid to religiously affiliated child care, and the resolution reached in the CCDBG, all achieve an important constitutional aim. They reflect and reinforce …

Chicago Takes It On The Chin: Imperfect Information Could Play A Crucial Role In The Post-Kodak World, Robert H. Lande

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This article briefly describes the revolutionary potential of the Supreme Court's Kodak decision. It discusses the dramatic changes in antitrust that would occur if the field took concepts such as imperfect information, lock-in effects, strategic behavior, and other post-Chicago ideas seriously.

Among the effects of this decision could be:

(1) Imperfect information could substitute for traditional market share-based market power and reveal that a market that structurally appeared competitive in fact was behaving anticompetitively. Market share-based safe harbors are more likely to be inappropriate.

(2) This imperfect information-based market power also can lead to relatively direct harm to consumers by …

Access To Legal Remedies. The Crisis In Family Law, Jane C. Murphy

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Lack of access to the courts to resolve domestic disputes is a national problem which deserves the attention of both family law scholars and practitioners. Family law scholars have exhaustively critiqued both the substantive and procedural law governing dissolution proceedings. This analysis of rules and standards, however, is rarely conducted with the explicit goal of maximizing access to the courts for people of low and moderate income. This paper begins by assessing the dimensions of the problem through an explanation of the existing domestic legal needs studies. This paper also presents a case study of a typical multi-issue domestic case …

Televised Executions And The Constitution: Recognizing A First Amendment Right Of Access To State Executions, John Bessler

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This article examines the history of public and private executions and the passage of private execution laws. It concludes that existing laws restricting media access to executions – and requiring private executions that exclude television cameras – are unconstitutional. The author examines existing statutory schemes which curtail media access and prohibit the filming of executions, discusses legal challenges to such laws, and explores freedom of the press jurisprudence. In particular, the article analyzes First Amendment case law and right-of-access cases. The author also discusses the Eighth Amendment's relationship to First Amendment case law in the area of media coverage of …

Are Antitrust "Treble" Damages Really Single Damages?, Robert H. Lande

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This Article will show that antitrust violations do not actually give rise to "treble" damages. When viewed correctly, antitrust damages awards are approximately equal to, or are in fact less than, the actual damages caused by antitrust violations.

The article demonstrates this by analyzing the relatively quantifiable harms from antitrust violations, modeling the issues under both deterrence and compensation frameworks. It calculates rough estimates of those factors that affect the magnitude of the antitrust damages multiplier actually awarded. These adjustments to the "treble" damages multiplier arise from: (1) the lack of prejudgment interest; (2) the effects of the statute of …

Mad Dogs And Englishmen: Pierson V. Post [A Ditty Dedicated To Freshman Law Students, Confused On The Merits], Kenneth Lasson

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Mad dogs and Englishmen go out in the mid-day sun. They bark, they pant, they rave and rant, but most of all they run. A monkey's uncle might have tea or sip some lemonade. Why, even donkeys (turkeys, too) seek shelter in the shade. But mad dogs and Englishmen go out in the mid-day sun.

Religious Liberty In The Military: The First Amendment Under "Friendly Fire", Kenneth Lasson

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This article examines specific restrictions promulgated and practiced during the Persian Gulf War, provides a brief historical analysis of how the United States and other nations have traditionally accommodated the religious activities of their military personnel, and addresses the question of how far we can constitutionally limit the free-exercise rights of the people in the military in light of current Supreme Court jurisprudence.