Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

1995

PDF

Selected Works

Discipline
Institution
Keyword
Publication

Articles 1 - 30 of 159

Full-Text Articles in Law

The Idea Of A Descriptive Equality: Lonergan Explains Jefferson, Patrick Brennan, John Coons Dec 2015

The Idea Of A Descriptive Equality: Lonergan Explains Jefferson, Patrick Brennan, John Coons

John Coons

No abstract provided.


All I Ever Needed To Know About Teaching Law School I Learned Teaching Kindergarten: Introducing Gaming Techniques Into The Law School Classroom, Jennifer L. Rosato Dec 1995

All I Ever Needed To Know About Teaching Law School I Learned Teaching Kindergarten: Introducing Gaming Techniques Into The Law School Classroom, Jennifer L. Rosato

Jennifer Rosato

No abstract provided.


The Comparative Law And Economics Of Penalty Clauses In Contracts, Ugo Mattei Nov 1995

The Comparative Law And Economics Of Penalty Clauses In Contracts, Ugo Mattei

Ugo Mattei

No abstract provided.


Dangerous! Our Focus Should Be Analysis Not Formulas Like Irac, Jane Kent Gionfriddo Oct 1995

Dangerous! Our Focus Should Be Analysis Not Formulas Like Irac, Jane Kent Gionfriddo

Jane Kent Gionfriddo

No abstract provided.


Introduction - Conference On The Constitutional Law And Economics Of The European Union, Robert D. Cooter, Dieter Schmidtchen Oct 1995

Introduction - Conference On The Constitutional Law And Economics Of The European Union, Robert D. Cooter, Dieter Schmidtchen

Robert Cooter

No abstract provided.


Risky Reform, David A. Wirth, Ellen Silbergeld Oct 1995

Risky Reform, David A. Wirth, Ellen Silbergeld

David A. Wirth

No abstract provided.


When Is Time Brokerage A Transfer Of Control? , Michael E Lewyn Oct 1995

When Is Time Brokerage A Transfer Of Control? , Michael E Lewyn

Michael E Lewyn

A highly technical piece about communications law, focusing on "time brokerage" agreements. Under these agreements, two television or radio stations typically share programming. The FCC scrutinizes such agreements to make sure that they are not de facto mergers; the article discusses FCC precedent on the issue.


The Flexible Doctrine Of Spoliation Of Evidence: Cause Of Action Defense, Evidentiary Presumption And Discovery Sanction, Robert Tucker Sep 1995

The Flexible Doctrine Of Spoliation Of Evidence: Cause Of Action Defense, Evidentiary Presumption And Discovery Sanction, Robert Tucker

Robert Tucker

No abstract provided.


Heartless World Revisited: Christopher Lasch's Parting Polemic Against The New Class, Kenneth Anderson Sep 1995

Heartless World Revisited: Christopher Lasch's Parting Polemic Against The New Class, Kenneth Anderson

Kenneth Anderson

This obituary essay on the final book by the cultural critic Christopher Lasch appeared in the Times Literary Supplement in 1995. The essay examines Lasch's final work, The Revolt of the Elites, against the rest of his body of writing. In particular, it examines Lasch's populism and stance against the increasingly transnatonal elites loosely characterized as the New Class. It discusses Lasch's emphasis on the family as the locus of what remained a significantly Freudian cultural discourse, and examines the ways in which Lasch saw the family as being taken apart and then reassembled according to the mores of the …


Our Natural Selves (Review Of Luc Ferry, The New Ecological Order, And Michael Zimmerman, Contesting Earth's Future: Radical Ecology And Postmodernity), Kenneth Anderson Sep 1995

Our Natural Selves (Review Of Luc Ferry, The New Ecological Order, And Michael Zimmerman, Contesting Earth's Future: Radical Ecology And Postmodernity), Kenneth Anderson

Kenneth Anderson

This 1995 Times Literary Supplement essay examines two books on the underlying philosophies of the ecology and environmentalism movements. The first, by Sorbonne professor and lately French Minister of Culture Luc Ferry, offers a critique of ecological philosophies that seek to de-privilege humanity in favor of a larger conception of nature. Ferry writes in a breezy, witty style which has at its aim reasserting liberal humanism and its human-centered ethic as against any ethic that treats human beings as merely species or merely thing within nature. The review argues that Ferry goes over the top in making his case, however, …


God Is As God Does: Law, Anthropology, And The Definition Of "Religion", James M. Donovan Sep 1995

God Is As God Does: Law, Anthropology, And The Definition Of "Religion", James M. Donovan

James M. Donovan

This Article first discusses the judicial deliberations upon the definition of religion. That discussion adopts a chronological sequence because, in legal matters, that is the one that counts.

It can be a tedious, but not particularly difficult task to summarize the legal struggle to define religion. The strategy applied to evaluate the product of that struggle is intellectual triangulation, whereby bearings from two fixed positions are used to specify that of that third. By analogy, the correct definition of "religion" can be identified by finding where the legal efforts intersect with an independent sighting of the same target. Where this …


Natural Law And Human Equality, Patrick Mckinley Brennan, John E. Coons Aug 1995

Natural Law And Human Equality, Patrick Mckinley Brennan, John E. Coons

Patrick McKinley Brennan

No abstract provided.


The Idea Of A Descriptive Equality: Lonergan Explains Jefferson, Patrick Mckinley Brennan, John E. Coons Jul 1995

The Idea Of A Descriptive Equality: Lonergan Explains Jefferson, Patrick Mckinley Brennan, John E. Coons

Patrick McKinley Brennan

No abstract provided.


Responsabilidad Civil Médica, Gastón Fernández Cruz Jul 1995

Responsabilidad Civil Médica, Gastón Fernández Cruz

Gastón Fernández Cruz

No abstract provided.


Competition Law And International Trade: The European Union And The Neo-Liberal Factor, David J. Gerber Jun 1995

Competition Law And International Trade: The European Union And The Neo-Liberal Factor, David J. Gerber

David J. Gerber

No abstract provided.


Identity And Cultural Property: The Protection Of Cultural Property In The United States., Patty Gerstenblith Apr 1995

Identity And Cultural Property: The Protection Of Cultural Property In The United States., Patty Gerstenblith

Patty Gerstenblith

No abstract provided.


The Mexican Crisis: Who Should Be A Country's Lender Of Last Resort?, Cynthia C. Lichtenstein Apr 1995

The Mexican Crisis: Who Should Be A Country's Lender Of Last Resort?, Cynthia C. Lichtenstein

Cynthia C. Lichtenstein

No abstract provided.


The Illicit Trade In Cultural Property: What Is The Appropriate Response?, Stacey R. Jessiman Apr 1995

The Illicit Trade In Cultural Property: What Is The Appropriate Response?, Stacey R. Jessiman

Stacey R Jessiman

This April 1995 article explores the potential efficacy of the draft 1995 UNIDROIT CONVENTION ON STOLEN OR ILLEGALLY EXPORTED CULTURAL OBJECTS and preferred responses to the illicit trade in cultural property.


Unconstitutional Incontestability?: The Intersection Of The Intellectual Property And Commerce Clauses Of The Constitution: Beyond A Critique Of Shakespeare Co. V. Silstar Corp., Malla Pollack Apr 1995

Unconstitutional Incontestability?: The Intersection Of The Intellectual Property And Commerce Clauses Of The Constitution: Beyond A Critique Of Shakespeare Co. V. Silstar Corp., Malla Pollack

Malla Pollack

This article makes several assertions: (1) The Intellectual Property Clause of the Constitution, even read with the Commerce Clause, prevents Congress from giving authors or inventors exclusive rights unbounded by premeasured time limitations; (2) Because such limits exist, even incontestable trademarks must be subject to functionality challenges in order to prevent conflict with the Patent Clause; (3) The Intellectual Property Clause requires a similar challenge to prevent conflict with the Copyright Clause; (4) The states are also limited by either direct constitutional mandate or statutory preemption. Based on the first two assertions, this article argues that the Fourth Circuit's decision …


When Is Cumulative Voting Preferable To Single-Member Districting?, Michael E Lewyn Apr 1995

When Is Cumulative Voting Preferable To Single-Member Districting?, Michael E Lewyn

Michael E Lewyn

Cumulative voting is most appropriate in small towns, nonpartisan elections, and jurisdictions in which voters know whether they are in the majority. By contrast, single-member districts are preferable to cumulative voting in big cities, state or federal elections, partisan elections, and elections in which the racial or partisan balance between factions is either close or is unknown to most voters.


Toward An Economics Of Comparative Political Organization: Examining Ministerial Responsibility, Matthew S. R. Palmer Mar 1995

Toward An Economics Of Comparative Political Organization: Examining Ministerial Responsibility, Matthew S. R. Palmer

The Hon Justice Matthew Palmer

This article takes a step toward developing a general theoretical framework for analyzing comparative constitutional design. The Westminster system of constitutional design is characterized as analogous to a centralized hierarchical organization preserved intact but subjected to franchise bidding, whereas the U.S. constitutional system is viewed as a structure for mediating spontaneous transactions between broken-up institutions. The article uses this framework to analyze four functions of the Westminster doctrines of ministerial responsibility and compares them to their analogous elements (or lack thereof) in the U.S. constitution. Ministerial responsibility is presented as crucial to constituting the hierarchy of primary agency relationships of …


Specific Investment Under Negotiated Transfer Pricing: An Efficiency Result, Aaron S. Edlin, Stefan J. Reichelstein Mar 1995

Specific Investment Under Negotiated Transfer Pricing: An Efficiency Result, Aaron S. Edlin, Stefan J. Reichelstein

Aaron Edlin

In our model of negotiated transfer pricing, divisional managers can make specific investments that enhance the value of intrafirm trade. However, these investments are irreversible and must be made before divisional managers have enough information to determine the desired intrafirm transfer. We find that a system of negotiated transfer pricing will lead to efficient outcomes provided the divisions can sign fixed-price contracts prior to making their investment decisions. While these contracts are likely to be renegotiated after the relevant information becomes known, they nonetheless provide the divisions with effective protection for their specific investments.


The Landscape Of Reason: A Scheme For Representing Arguments Concerning Environmental, Health And Safety Effects Of Chemical Weapons Disposal In The Us, R. Steven Konkel, Edward Liebow, Judith A. Bradbury, Kristi M. Branch, Judith Heerwagen, Jenniffer Leyson Mar 1995

The Landscape Of Reason: A Scheme For Representing Arguments Concerning Environmental, Health And Safety Effects Of Chemical Weapons Disposal In The Us, R. Steven Konkel, Edward Liebow, Judith A. Bradbury, Kristi M. Branch, Judith Heerwagen, Jenniffer Leyson

Steve Konkel

To reduce the risk of environmental contamination and honor an international treaty, chemical weapons stored at eight locales around the US are slated for destruction. Incineration is the main choice of a National Research Council committee directed by Congress to weigh the hazards of alternative destruction technologies, but many citizens' groups remain unconvinced. The US Army, which must dispose of the dangerous chemicals, faces decisions about the choice of destruction technologies, as well as more specific questions concerning protection of environment, safety and public health once the technology choices are made. Based on more than 200 individual interviews and 40 …


The Magi Of The Great Salt Lake, Kenneth Anderson Mar 1995

The Magi Of The Great Salt Lake, Kenneth Anderson

Kenneth Anderson

This 1995 Times Literary Supplement (London) review examines John L. Brooke's impressive The Refiner's Fire: The Making of Mormon Cosmology 1644-1844. Brooke argues against long prevailing scholarship that, on the one hand, views Mormon theology as genuinely American and, on the other hand, understands it purely functionally - without regard for its theological content, but instead as a function of social pressures on impoverished populations in upstate New York from whence came Joseph Smith. The former view is incorrect, Brooke says, because the roots of Mormon theology lie in Europe in gnostic and splinters of the "radical reformation" that lay …


The Effects Of Case Consolidation On The Procedural Rights Of Litigants: What They Are, What They Might Be, Part I: Justiciability And Jurisdiction (Original And Appellate), Joan E. Steinman Feb 1995

The Effects Of Case Consolidation On The Procedural Rights Of Litigants: What They Are, What They Might Be, Part I: Justiciability And Jurisdiction (Original And Appellate), Joan E. Steinman

Joan E. Steinman

No abstract provided.


Double Jeopardy And The Fraudulently-Obtained Acquittal, David S. Rudstein Feb 1995

Double Jeopardy And The Fraudulently-Obtained Acquittal, David S. Rudstein

David S Rudstein

No abstract provided.


The Effects Of Case Consolidation On The Procedural Rights Of Litigants: What They Are, What They Might Be, Part Ii: Non-Jurisdictional Matters, Joan E. Steinman Feb 1995

The Effects Of Case Consolidation On The Procedural Rights Of Litigants: What They Are, What They Might Be, Part Ii: Non-Jurisdictional Matters, Joan E. Steinman

Joan E. Steinman

No abstract provided.


Biodiversity Federalism, A. Dan Tarlock Feb 1995

Biodiversity Federalism, A. Dan Tarlock

Dan Tarlock

No abstract provided.


Excluding Reasons: Impossible Comparisons And The Law, Richard Warner Feb 1995

Excluding Reasons: Impossible Comparisons And The Law, Richard Warner

Richard Warner

No abstract provided.


Impossible Comparisons And Rational Choice Theory, Richard Warner Feb 1995

Impossible Comparisons And Rational Choice Theory, Richard Warner

Richard Warner

No abstract provided.