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1993

Faculty Publications

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Institution
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Articles 1 - 30 of 103

Full-Text Articles in Law

Banning The Cultural Exclusion: Free Trade And Copyrighted Goods, S. I. Strong Oct 1993

Banning The Cultural Exclusion: Free Trade And Copyrighted Goods, S. I. Strong

Faculty Publications

For centuries people have expressed themselves through creative works of art and literature, and since 1557 artists and authors have been able to protect their rights to their creative works through various national copyright laws. National copyright laws basically grant a monopoly in the use of the work to its creator. Copyrighted goods, however, are often easily transported across national boundaries, and thus national copyright laws may provide inadequate copyright protection in the international marketplace. The necessity for international copyright protection has been met to some extent by copyright conventions. International copyright conventions, like national copyright laws, define the scope ...


Criminal Discovery In Oklahoma: A Call For Legislative Action, Rodney J. Uphoff Oct 1993

Criminal Discovery In Oklahoma: A Call For Legislative Action, Rodney J. Uphoff

Faculty Publications

This article first explores the Allen decision and the extent to which Allen changed the law of criminal discovery in Oklahoma. Next, the article examines some of the theoretical and practical problems with the Allen procedures as well as the efforts of the Oklahoma Court of Criminal Appeals to address some of the troublesome questions generated by Allen. Finally, the article discusses the need to replace the Allen provisions with a legislative framework that facilitates pretrial access to information and minimizes “trial ambush,” but without compromising the fair and efficient operation of the adversary system.


Proportional Liability: Statistical Evidence And The Probability Paradox, David A. Fischer Oct 1993

Proportional Liability: Statistical Evidence And The Probability Paradox, David A. Fischer

Faculty Publications

Three major policies underlie tort liability: deterrence, compensation, and corrective justice. A primary justification for proportional liability is its alleged superiority in advancing the tort policy of deterrence. This Article demonstrates a significant flaw in this claim by showing that the use of tort liability in multiple cause cases involving statistical evidence in fact serves the policy of deterrence quite poorly.


Congress, The Fcc, And The Search For The Public Trustee, Neal Devins Oct 1993

Congress, The Fcc, And The Search For The Public Trustee, Neal Devins

Faculty Publications

No abstract provided.


Foreword: Elected Branch Influences In Constitutional Decisionmaking, Neal Devins Oct 1993

Foreword: Elected Branch Influences In Constitutional Decisionmaking, Neal Devins

Faculty Publications

No abstract provided.


The University In The Manner Of Tiananmen Square, William W. Van Alstyne Oct 1993

The University In The Manner Of Tiananmen Square, William W. Van Alstyne

Faculty Publications

No abstract provided.


The Role Of The Federal Magistrate Judge In Civil Justice Reform, R. Lawrence Dessem Oct 1993

The Role Of The Federal Magistrate Judge In Civil Justice Reform, R. Lawrence Dessem

Faculty Publications

This Article considers the role of the United States magistrate judge in civil justice reform and, more specifically, the role that the early implementation districts envision for magistrate judges within their own districts. Part I briefly considers the evolution of the office of magistrate judge prior to the enactment of the Judicial Improvements Act of 1990. Part II addresses the treatment of magistrate judges under that legislation. Next, Part III recounts the roles assigned to magistrate judges under the Civil Justice Reform Act in the individual district courts. These varying uses of magistrate judges then will be critiqued in Part ...


The Ultimate Power Of Persuasion: Using The Mock Trial To Enhance Litigation Strategy, Mary A. Bedikian, Jerome D. Hill Oct 1993

The Ultimate Power Of Persuasion: Using The Mock Trial To Enhance Litigation Strategy, Mary A. Bedikian, Jerome D. Hill

Faculty Publications

No abstract provided.


Of Hotel Revenues, Rents, And Formalism In The Bankruptcy Courts: Implications For Reforming Commercial Real Estate Finance, R. Wilson Freyermuth Oct 1993

Of Hotel Revenues, Rents, And Formalism In The Bankruptcy Courts: Implications For Reforming Commercial Real Estate Finance, R. Wilson Freyermuth

Faculty Publications

This article is intended to continue the dialogue begun by the proposed Restatement and has two distinct goals in this effort. Parts I through III argue that the position of the Restatement drafters is both legally and functionally sound and that bankruptcy courts should embrace and apply the proposed Restatement in administering distressed real estate developments. Part I reviews the reasoning articulated in the hotel bankruptcy cases, demonstrating how courts have applied the provisions of the Bankruptcy Code and state law in a formalistic manner to extinguish the hotel mortgagee's lien upon postpetition room revenues. Part II rejects the ...


'Death And Taxes' And Hypocrisy, John W. Lee Sep 1993

'Death And Taxes' And Hypocrisy, John W. Lee

Faculty Publications

Professor Lee finds the "death and taxes" poem by Rep. Ewing hypocritical for several reasons. He notes that the poem is derived from a 1920s populist attack on Treasury Secretary Mellon for cutting taxes on the rich in the name of trickle-down economics while relying on regressive excise taxes on the masses -- an attack similar to that waged by then-Governor Clinton during the 1992 presidential campaign. Further, says Lee, the Bush administration displayed more of a preference for regressive excise taxes than the Clinton plan, whose reliance in part on consumption taxes appears a consequence of 25 years of Republican ...


Do Battered Women Deserve Clemency?: Governor Improperly Restricted Use Of Pardoning Power, Kathleen M. Ridolfi Jul 1993

Do Battered Women Deserve Clemency?: Governor Improperly Restricted Use Of Pardoning Power, Kathleen M. Ridolfi

Faculty Publications

No abstract provided.


Congressional Procedure And Statutory Interpretation, Larry Evans, Jarrell Wright, Neal Devins Jul 1993

Congressional Procedure And Statutory Interpretation, Larry Evans, Jarrell Wright, Neal Devins

Faculty Publications

No abstract provided.


The Legal Significance Of Gestation, Larry I. Palmer Jul 1993

The Legal Significance Of Gestation, Larry I. Palmer

Faculty Publications

No abstract provided.


Should The Characteristics Of Victims And Criminals Count? Payne V. Tennessee And Two Views Of Efficient Punishment, David D. Friedman Jul 1993

Should The Characteristics Of Victims And Criminals Count? Payne V. Tennessee And Two Views Of Efficient Punishment, David D. Friedman

Faculty Publications

No abstract provided.


President Clinton's Capital Gains Proposals, John W. Lee Jun 1993

President Clinton's Capital Gains Proposals, John W. Lee

Faculty Publications

Professor Lee believes that the generic capital gains rate should not be increased over 28 percent for revenue and political reasons. But to reflect that, on the average, capital gains realized by middle-income families consists entirely of inflation gain, while half of the capital gain realized at the 31- percent bracket and above consists of economic gain, increasing to 80-percent economic at the very top, he argues that a greater exclusion should be provided at the 28- and 15-percent brackets, either by a "progressive schedule" or by a $3,500 annual exclusion. To strengthen the political base for increasing the ...


Judicial Reporting Under The Civil Justice Reform Act: Look, Mom, No Cases!, R. Lawrence Dessem Apr 1993

Judicial Reporting Under The Civil Justice Reform Act: Look, Mom, No Cases!, R. Lawrence Dessem

Faculty Publications

This article addresses the new reporting provision of the Civil Justice Reform Act. Part II analyzes the reporting requirement and the requirement's legislative history. Part III describes the implementation of the requirement by the federal judiciary, while Part IV discusses the initial reports filed pursuant to the provision and the media coverage of those reports. Part V next analyzes the wisdom of the reporting requirement, concluding that, on balance, the requirement may be helpful in furthering public accountability of an independent federal judiciary. Part VI then considers what the data now publicly reported under the Civil Justice Reform Act ...


Uniformity In The Federal Courts: A Proposal For Increasing The Use Of En Banc Appellate Review, Michael Ashley Stein Apr 1993

Uniformity In The Federal Courts: A Proposal For Increasing The Use Of En Banc Appellate Review, Michael Ashley Stein

Faculty Publications

No abstract provided.


The Employer's Fetal Injury Quandary After Johnson Controls, Susan Grover Apr 1993

The Employer's Fetal Injury Quandary After Johnson Controls, Susan Grover

Faculty Publications

No abstract provided.


Zoe Baird, Betrayal And Fragmentation, Susan Grover Apr 1993

Zoe Baird, Betrayal And Fragmentation, Susan Grover

Faculty Publications

No abstract provided.


“Thirty Pieces Of Silver” For The Rights Of Your People: Irresistible Offers Reconsidered As A Matter Of State Constitutional Law, William W. Van Alstyne Apr 1993

“Thirty Pieces Of Silver” For The Rights Of Your People: Irresistible Offers Reconsidered As A Matter Of State Constitutional Law, William W. Van Alstyne

Faculty Publications

No abstract provided.


The Future Of Transfer Taxation: Repeal, Restructuring And Refinement, Or Replacement, John E. Donaldson Apr 1993

The Future Of Transfer Taxation: Repeal, Restructuring And Refinement, Or Replacement, John E. Donaldson

Faculty Publications

No abstract provided.


Corporate Tax Policy For The Twenty-First Century: Integration And Redeeming Social Value, Glenn E. Coven Apr 1993

Corporate Tax Policy For The Twenty-First Century: Integration And Redeeming Social Value, Glenn E. Coven

Faculty Publications

No abstract provided.


Electronic Conferences: The Report Of An Experiment, I. Trotter Hardy Apr 1993

Electronic Conferences: The Report Of An Experiment, I. Trotter Hardy

Faculty Publications

No abstract provided.


Big Mother: The State's Use Of Mental Health Experts In Dependency Cases, George J. Alexander Apr 1993

Big Mother: The State's Use Of Mental Health Experts In Dependency Cases, George J. Alexander

Faculty Publications

No abstract provided.


Creating An Expert System For Legislative History Research: Project Clear's 'Lexpert', I. Trotter Hardy Apr 1993

Creating An Expert System For Legislative History Research: Project Clear's 'Lexpert', I. Trotter Hardy

Faculty Publications

Professor Hardy describes techniques that help to automate the creation of Lexpert, an expert system for giving advice about legislative history research.


Virtues (And Limits) Of Shared Values: The Fourth Amendment And Miranda's Concept Of Custody, Richard A. Williamson Apr 1993

Virtues (And Limits) Of Shared Values: The Fourth Amendment And Miranda's Concept Of Custody, Richard A. Williamson

Faculty Publications

Miranda only protects suspects who the police subject to custodial interrogation. The concept of custody is tethered to the Fifth Amendment privilege against self-incrimination; thus, to render a suspect in custody, law enforcement officials must subject the suspect to a compelling environment that tends to undermine that privilege. In this article, Professor Richard A. Williamson examines the application of Miranda to Terry stops. He reviews the impact of the Beheler and Berkemer decisions, which held that suspects who officials stop based on reasonable suspicion, as opposed to suspects who officials arrest, are not entitled to Miranda warnings. Professor Williamson generally ...


Implied Assumption Of A Reasonable Risk: Much Ado About Nothing Or Radical Departure In California Law?, Stephanie M. Wildman Apr 1993

Implied Assumption Of A Reasonable Risk: Much Ado About Nothing Or Radical Departure In California Law?, Stephanie M. Wildman

Faculty Publications

No abstract provided.


The Model Law On International Commercial Arbitration: It's Time For Michigan To Adopt It, Kevin C. Kennedy Feb 1993

The Model Law On International Commercial Arbitration: It's Time For Michigan To Adopt It, Kevin C. Kennedy

Faculty Publications

No abstract provided.


The Moral Foundations Of Products Liability Law: Toward First Principles, David G. Owen Jan 1993

The Moral Foundations Of Products Liability Law: Toward First Principles, David G. Owen

Faculty Publications

No abstract provided.


Rethinking Wrongful Life: Bridging The Boundary Between Tort And Family Law, Philip G. Peters Jr. Jan 1993

Rethinking Wrongful Life: Bridging The Boundary Between Tort And Family Law, Philip G. Peters Jr.

Faculty Publications

Traditional tort law embraces an unduly narrow notion of corrective justice that fails to resolve wrongful life disputes satisfactorily. The unique circumstances associated with the creation of a new life bring into play another, broader paradigm of responsibility: one that resembles family law more than tort. From this perspective, children whose birth can be attributed to tortious conduct have a strong moral claim for supplemental child support whenever a tortfeasor's interference with the pro- creative rights of the parents foreseeably results in the birth of a child and that child's parents cannot provide adequate support. In such an ...