Law Commons^™

"Screw Your Courage To The Sticking-Place": The Roles Of Evidence, Stipulations, And Jury Instructions In Criminal Verdicts, James Joseph Duane

UC Law Journal

No abstract provided.

Truth And Its Rivals In The Law Of Hearsay And Confrontation, Richard D. Friedman

UC Law Journal

No abstract provided.

Hearsay Hazards In The American Criminal Trial: An Adversary-Oriented Approach, Gordon Van Kessel

UC Law Journal

No abstract provided.

Cognition And Hearsay: A Response To Professor Friedman, Craig R. Callen

UC Law Journal

No abstract provided.

Evidential Completeness And The Burden Of Proof, Dale A. Nance

UC Law Journal

No abstract provided.

No Bad Men!: A Feminist Analysis Of Character Evidence In Rape Trials, Aviva Orenstein

UC Law Journal

No abstract provided.

Character At The Crossroads, Roger C. Park

UC Law Journal

No abstract provided.

What Is Wrong With Character Evidence?, Peter Tillers

UC Law Journal

No abstract provided.

The Perilous Task Of Rethinking The Character Evidence Ban, David P. Leonard

UC Law Journal

No abstract provided.

Make-Believe: The Rules Excluding Evidence Of Character And Liability Insurance, Samuel R. Gross

UC Law Journal

No abstract provided.

A Wigmorian Defense Of Feminist Method, Katharine K. Baker

UC Law Journal

No abstract provided.

The Rivalry Between Truth And Privilege: The Weakness Of The Supreme Court's Instrumental Reasoning In Jaffee V. Redmond, 518 U.S. 1 (1996), Edward Imwinkelried

UC Law Journal

No abstract provided.

The Psychotherapist Privilege And The Supreme Court's Misplaced Reliance On State Legislatures, Glen Weissenberger

UC Law Journal

No abstract provided.

Adjudication Of Things Past: Reflections On History As Evidence, Daniel A. Farber

UC Law Journal

No abstract provided.

The Ethos Of Expert Witnesses: Confusing The Admissibility, Sufficiency And Credibility Of Expert Testimony, Eileen Scallen, William E. Wiethoff

UC Law Journal

No abstract provided.

Merlin And Solomon: Lessons From The Law's Formative Encounters With Forensic Identification Science, Michael J. Saks

UC Law Journal

No abstract provided.

Truth, With A Small "T", David L. Faigman

UC Law Journal

No abstract provided.

A Scramble For The Eggs, Robert E. Rains

UC Law Journal

No abstract provided.

The Legalization Of Racism In A Constitutional State: Democracy's Suicide In Vichy France, Vivian Grosswald Curran

UC Law Journal

This Article is a study of how a constitutional democracy can undermine itself from within, without resorting to illegal methods, and how institutional mechanisms for perpetuating democracy can be perverted to achieve the demise of the very goals they were designed'to safeguard. Vichy France is examined as a system of polysemic symbols created both constructively and destructively from the system of symbols of the regime that preceded it. Finally, Vichy's legacy is analyzed in terms of the recent trial of Maurice Papon, a trial which raised discomfiting issues about judicial constructions of collective memory.

Judicial Removal Of Directors: Denial Of Directors' License To Steal Or Shareholders' Freedom To Vote?, Olga N. Sirodoeva-Paxson

UC Law Journal

This article examines a new corporate law remedy: the ability of courts to remove directors of business corporations for misconduct. In recent years, a majority of states has followed the Model Business Corporations Act in adopting the judicial removal remedy. The disparity in approach of different authorities and the confusion with respect to the remedy are remarkable, as highlighted by recent cases. No theory reconciling the conflicting approaches to the removal remedy has yet been developed by legislators, judges, or academics. To develop such a theory, the article examines the opposing fundamental principles of corporate law implicated by the remedy. …

The Second Amendment And The Incorporation Conundrum: Towards A Workable Jurisprudence, Koren Wai Wong-Ervin

UC Law Journal

This Note begins by offering a new prospective to the ongoing debate about the nature of the right protected by the Second Amendment, and concludes by proposing two possible tests and applying them to two provisions of the California Penal Code, striking one and upholding the other, demonstrating that a judicially-enforced Second Amendment would not be "fatal in fact" to all gun control legislation. The Author also critiques the Court's current incorporation doctrine, namely the Court's failure to identify when the "fundamental right" inquiry is to be made, the Court's interchangeable use of "American scheme of liberty" and "Anglo-American scheme …

"March Madness": An Examination Of Dual-Use Trademark Terms And Reverse Confusion, David Y. Gan

UC Law Journal

The Seventh Circuit's decision in Illinois High School Ass'n v. GTE Vantage, Inc. addressed a previously unrecognized category of trademark-the "dual-use" trademark term. "Dual-use" terms are marks that are associated by the public with two parties, where confusion would likely arise regarding which party the mark denotes. Writing for a three-judge panel, Chief Judge Posner held that dual-use terms should be treated similarly to generic terms and receive no protection under trademark law.

In this Note, the author examines the implications of the Seventh Circuit's decision in terms of the underlying goals of trademark law, the public's interest in effective …

The Endangered Species Act And Private Property: A Matter Of Timing And Location, J.B. Ruhl

Vanderbilt Law School Faculty Publications

This article examines some of the perverse consequences of the structure of the Endangered Species Act, namely that it deters property owners from conserving threatened species and lacks proactive measures.

The Seven Degrees Of Relevance: Why Should Real-World Environmental Attorneys Care Now About Sustainable Development Policy?, J.B. Ruhl

Vanderbilt Law School Faculty Publications

This article explores the evolution of the concept of "sustainable development" through what I suggest are the "seven degrees" of relevance of legal conceptualizations: (1) translation of concept into norm; (2) uncontestability of the norm; (3) intolerance of violation of the norm; (4) demand for fulfillment of the norm; (5) translation of the norm as policy goal; (6) policy consequences based on the norm; (7) translation into hard law to apply. I suggest that, at the time of the writing (1998), sustainable development was stuck on level five.

Who Needs Congress? An Agenda For Administrative Reform Of The Endangered Species Act, J.B. Ruhl

Vanderbilt Law School Faculty Publications

This article comprehensively examines the history and content of the numerous administrative reforms of the Endangered Species Act program carried out under the tenure of Department of the Interior Secretary Bruce Babbitt. The assessment is that these reforms provide a tremendous impetus for innovation of species conservation.

Public Choice Theory And The Fragmented Web Of The Contemporary Administrative State, Jim Rossi

Vanderbilt Law School Faculty Publications

In the recent book, Greed, Chaos and Governance: Using Public Choice to Improve Public Law (Yale U. Press 1997), Jerry Mashaw addresses the convergence between public choice and administrative law. This review essay summarizes Mashaw's arguments and explores his use of public choice tools. The review suggests that, absent some unifying theoretical perspective for understanding administrative governance outside of public choice method, little more than rampant pessimism or fragmented lessons about the administrative state can be taken.

The Common Law "Duty To Serve" And Protection Of Consumers In An Age Of Competitive Retail Public Utility Restructuring, Jim Rossi

Vanderbilt Law School Faculty Publications

This article addresses the implications of retail competition in public utility industries, particularly electricity, for utility service obligations. After tracing the history of the common law duty to serve applicable to public utilities, the efficiency of utility service obligations in the context of rate regulation is explored. Retail competition, many suggest, poses a threat to utility service obligations. However, regulators can minimize the inefficiency of traditional utility service obligations without sacrificing the benefits of retail competition if they pay attention to the structural efficiency of competitive retail markets. The article advocates imposition of basic service obligations on the DisCo and …

The Irony Of Deregulatory Takings, Jim Rossi

Vanderbilt Law School Faculty Publications

This is a critical review essay, exploring the thesis advanced by Gregory Sidak and Daniel Spulber in their book Deregulatory Takings and the Regulatory Contract (Cambridge University Press 1997). Sidak and Spulber argue that deregulation of the electric utility and local telephony industries can constitute an unconstitutional taking to the extent the state does not provide compensation for the investment-backed expectations of firms in the industry. In addition, they argue that economic efficiency requires this result. This review takes Sidak and Spulber to task for their reading of the case law. In addition, the review criticizes their argument for giving …

Teen Smoking Behavior And The Regulatory Environment, Joni Hersch

Vanderbilt Law School Faculty Publications

Professor Hersch argues that most state regulations aimed at fighting teen smoking have had little or no effect. She provides evidence that despite widespread age restrictions on purchasing tobacco, most teens do not consider it difficult for minors to purchase tobacco products within their community. She also presents evidence demonstrating a strong correlation between smoking rates and perceptions about the addictive nature of smoking. These findings suggest that facilitating greater awareness of the addictive power of cigarettes could be effective in curbing teen smoking. She explores the potential for parental restrictions on limiting teen smoking, but provides indications that parents …

Compensating Differentials For Gender-Specific Job Injury Risks, Joni Hersch

Vanderbilt Law School Faculty Publications

Women have largely been excluded from analyses of compensating differentials for job risk since they are predominantly employed in safer, white-collar occupations. New data reveal that their injury experience is considerable. One-third of the total injury and illness cases with days away from work accrue to female workers. Adjusted for employment, women are 71 percent as likely as men to experience an injury or illness. As one would predict on theoretical grounds, these risks generate compensating differentials. Based on gender-specific injury incidence rates for both industry and occupation, I find strong evidence of compensating wage differentials for the job risk …