Law Commons^™

We Are A Religious People Whose Institutions Presuppose A Supreme Being, John C. Eastman

John C. Eastman

This article challenges the separationist view of the Establishment Clause adopted by the Supreme Court in Everson and other cases, and instead explores Justice Douglas's important contention in Zorach v. Clausen that We are a Religious People Whose Institutions Presuppose a Supreme Being. Drawing on sources from the founding, such as the Declaration of Independence, debates in Congress over the First Amendment, state constitutional provisions, the Northwest Ordinance, and wide-spread practice, the article makes the case for treating the Establishment Clause as a federalism provision, not a rights provision, reserving to the states the authority to partner with religion in …

Are Public Records Really Public? The Collision Between The Right To Privacy And The Release Of Public Court Records Over The Internet, Victoria S. Salzmann

Victoria S. Salzmann

No abstract provided.

A New Copyright Order: Why National Courts Should Create Global Norms, Graeme B. Dinwoodie

Graeme B. Dinwoodie

No abstract provided.

The Road To Bush V. Gore: The History Of The Supreme Court’S Use Of The Per Curiam Opinion, Laura K. Ray

Laura K. Ray

No abstract provided.

Did Microsoft Harm Consumers? Two Opposing Views, Daniel L. Rubinfeld, David S. Evans, Franklin M. Fisher, Richard L. Schmalensee

Daniel L. Rubinfeld

No abstract provided.

Human Rights And The Garment Industry In Contemporary Cambodia, John A. Hall

John A. Hall

This article examines the labor laws, economy and union movement in Cambodia during the 1990's. Based on field work in Phnom Penh, it focuses on the labor and legal consequences of the rapid growth of the export-oriented garment industry in Cambodia during the 1990's. From a mere handful of small facilities in 1994, Phnom Penh had by the end of the decade almost 250 modern factories employing over 200,000 young women who had migrated to the city from rural provinces. Foreign - predominantly Chinese - businesses set up production in Cambodia in order to gain access to the quota-protected U.S. …

Konkurrensrätt Och Parallellimport - Exportförbudsklausuler, Hans Henrik Lidgard

Hans Henrik Lidgard

No abstract provided.

Overreaction, Momentum, Liquidity, And Price Bubbles In Laboratory And Field Asset Markets, Richard E. Redding, Gunduz Caginalp, David Porter

Richard E. Redding

Laboratory asset markets provide an experimental setting in which to observe investor behavior. Over more than a decade, numerous studies have found that participants in laboratory experiments frequently drive asset prices far above fundamental value, after which the prices crash. This bubble-and-crash behavior is robust to variations in a number of variables, including liquidity (the amount of cash available relative to the value of the assets being traded), short-selling, certainty or uncertainty of dividendpayments, brokerage fees, capital gains taxes, buying on margin, and others. This paper attempts to model the behavior of asset prices in experimental settings by proposing a …

The Uniform Commercial Code Survey: Introduction, Carl S. Bjerre, Robyn L. Meadows, Stephen L. Sepinuck

Robyn L Meadows

No abstract provided.

International Child Custody Jurisdiction And The Uniform Child Custody Jurisdiction And Enforcement Act, Robert G. Spector

Robert G. Spector

No abstract provided.

The Integration Of International And Domestic Intellectual Property Lawmaking, Graeme B. Dinwoodie

Graeme B. Dinwoodie

No abstract provided.

The New Majoritarianism, Robert Justin Lipkin

Robert Justin Lipkin

No abstract provided.

Leveling The Playing Field Or Stacking The Deck? The "Unfair Advantage" Critique Of Perceived Disability Claims, Michelle A. Travis

Michelle A. Travis

In Title I of the Americans with Disabilities Act of 1990 (ADA), Congress recognized that the fears, misperceptions, and stereotypes about disabled individuals are so pervasive that employment discrimination reaches beyond those who actually possess substantially limiting impairments. Accordingly, the ADA protects not only employees with actual disabilities, but also those nondisabled employees who mistakenly are regarded as disabled by their employers. This Article analyzes to what extent those with perceived disabilities should receive the same substantive safeguards as those who are actually disabled. Specifically, the Article argues that applying the traditional forms of the ADA's reasonable accommodations and essential …

A Tale Of Two Grandmothers: Preventive Kinship Care In Tennessee, Susan Brooks, Elizabeth S. Black

Susan Brooks

No abstract provided.

Second Marriage Considerations For The Elderly, Randall Gingiss

Randall Gingiss

No abstract provided.

Gang Loitering And Race, Lawrence Rosenthal

Lawrence Rosenthal

The decision of the United States Supreme Court in City of Chicago v. Morales, which invalidating Chicago's gang-loitering ordinance, provides a road map for future public order laws that can address inner-city crime. This article makes the argument for public order laws as an anti-gang initiative that stops short of an approach dependent on massive incarceration, and defends such laws against an attack on grounds of racial fairness. Relying on the work of leading urban sociologists, the article argues that gang crime powerfully attracts inner city (and disproportionately minority) youth, and that any strategy for crime reduction in the inner …

Social Norms And Judicial Rulemaking: Commitment To Political Process And The Basis Of Tort Law, Martin A. Kotler

Martin A. Kotler

This Article looks at the respective roles of judges and juries in common law civil litigation and considers the legitimacy of both in light of our essential commitment to majoritarian politics. It concludes that the legitimacy of judicial rulemaking is highly suspect and can be justified when necessary to protect the political process by policing fraud and under a few other narrow sets of circumstances. Jury decision-making, on the other hand, is by far more defensible representing, as it does, a form of direct participatory democracy.

Thus, although the tort reform debate often focuses on the conflict between legislative bodies …

Therapeutic And Preventive Approaches To School Safety: Applications Of A Family Systems Model, Susan Brooks

Susan Brooks

No abstract provided.

The First Footnote, Louise Harmon

Louise Harmon

No abstract provided.

Momentum And Overreaction In Experimental Asset Markets, Vernon L. Smith, David Porter, Gunduz Caginalp

Vernon L. Smith

Price volatility and investor overreactions are commonplace in experimental asset markets. Understanding the price dynamics in these markets is crucial for designing successful new trading institutions. We report on a series of experiments to test the predictions of a new momentum model using a dynamical systems approach. This model is then pitted against several standard models to predict prices, as well as against expert human forecasters. The comparative results suggest that each model has its advantages and regions of best performance. Overall, the best predictive methods are the momentum model and expert human forecasters.

Judicial Review In Costa Rica: Evolution And Recent Developments, Robert S. Barker

Robert S. Barker

No abstract provided.

Proposition 209: A New Civil Rights Revolution?, Richard H. Frankel

Richard H. Frankel

No abstract provided.

Three Effects Of Social Norms On Law: Expression, Deterrence, And Internalization, Robert D. Cooter

Robert Cooter

State organizations suffer from agency problems that preclude effective motivation of people by formal means alone. Social norms contribute to the effectiveness of state law. Aligning law with morality creates power synergies. I analysis three of them: expression (coordination by law and morality), justification (intrinsic motivation to do what is right) , and sanctions (material costs of wrongdoing).

Beyond “Bingo!”-- Educating Legal Researchers As Problem Solvers, Terry Jean Seligmann

Terry Jean Seligmann

Principles and strategies for the construction of an effective curriculum of legal research assignments.

Immigrant Nations: A Comparison Of The Immigration Law Of Australia And The United States, Ty Twibell

Ty Twibell

Essay: What Price Paternity, Katheleen R. Guzman

Katheleen R. Guzman

No abstract provided.

A Short Essay On The Baring Of Breasts, Libby Adler

Libby S. Adler

This brief essay strings together case law, literary material and pop culture all on the subject of women baring their breasts. By changing the angle on each incidence of breast baring, it demonstrates how the act of baring is amenable to multiple readings, all of which can be returned to enrich a relevant legal analysis.

[The Accidental Crit I:] Literature And Arts As Antisubordination Praxis Latcrit Theory And Cultural Production: The Confessions Of An Accidental Crit, Pedro A. Malavet

Pedro A. Malavet

This short article: (1) explains the development the Arts Panel at the LatCrit IV Conference and provides an account of its substantive content; (2) it gives the author's reactions to the presentations, while placing them within the planned description and written questions, locating them within the contemporary debate over the use of narrative in legal scholarship and in postmodern philosophical discourse more generally; and (3) the author gives a narrative about his own reluctant, difficult, and ultimately accidental gravitation towards LatCrit theory.

Human Rights Or “Human Rights Imperialism”? Lessons From The War Against Yugoslavia, Peter Erlinder

C. Peter Erlinder

No abstract provided.

New York's Labor Law Section 240: Has It Been Narrowed Or Expanded By The Courts Beyond The Legislative Intent?, Barry R. Temkin

Barry R. Temkin

The legislative history of New York's Labor Law indicates that it was enacted as part of a wave of progressive reforms in the 1920's in order to protect workers engaged in hazardous jobs, particularly height-related tasks. The "Scaffold Act" protections of the Labor Law were intended to provide strict liability in favor of construction workers who were injured by inadequate scaffolds or other safety devices while building skyscrapers. However, the courts have expanded the statute's scope well beyond the legislative intent, in one case applying strict liability to the claim of an office worker who fell, indoors, while cleaning an …