Law Commons^™

Ratting: The Use And Abuse Of Informants In The American Justice System, Robert Bloom

Robert Bloom

No abstract provided.

Texas Family Law: A Focus On Children's Issues, Sydney Beckman, Heather King, Bruce Beverly

Bruce L. Beverly

No abstract provided.

Western Frontier Or Feudal Society? Metaphors And Perceptions Of Cyberspace, Alfred C. Yen

Alfred C. Yen

The Article examines how metaphors influence perceptions of cyberspace. Among other things, the Article studies the comparison of cyberspace to the American western frontier and the metaphor's construction cyberspace as a "place" whose natural characteristics guarantee freedom and opportunity. This supports an often-made claim that cyberspace is different from real space, and that government should generally refrain from regulating the Internet.

The Article surveys the basis of the western frontier metaphor in academic history and popular culture and concludes that the metaphor misleads people to overestimate cyberspace's "natural" ability to guarantee freedom and opportunity. The Article accomplishes this in part …

Three Governors: Herman Talmadge, The Georgia Supreme Court And The Gubernatorial Election Of 1946, Lucian E. Dervan

Lucian E Dervan

Herman Talmadge, who died March 21, 2002, was a governor, senator, and Georgia icon who controlled state politics for much of the last half of the 20th century. While many events in Talmadge’s life deserve attention, one event in particular stands out amongst the trials and tribulations, victories and scandals in this long American political life. In 1946, the Georgia gubernatorial election brought a state government to its knees, a state Supreme Court to the height of its power and Talmadge into the national spotlight as a revolver toting aspiring governor.

To Beginning Law Students (First Things, December 2002), Patrick Mckinley Brennan

Patrick McKinley Brennan

No abstract provided.

Lurking In The Shadow: The Unseen Hand Of Doctrine In Dispute Resolution, Ray Madoff

Ray D. Madoff

Mediation - with its promise of less contentious, less expensive and more satisfying resolution of disputes - has been widely recommended for disputes in all areas of the law. Yet its successes have been far from uniform. While it has flourished in some areas - most notably divorce and child custody - it has met with much greater resistance in others. This is particularly puzzling for areas of the law such as will disputes, for which mediation would seem to provide so many benefits.

In this essay I argue that the answer to this conundrum can be found in doctrine …

Patenting Our Lives And Our Genes: Where Does Congress Stand? Public Commet To Ftc Hearing On Competition And Intellectual Property Law And Policy In The Knowledge-Based Economy, Thomas Horton

Thomas J. Horton

No abstract provided.

Copyright And Time: A Proposal, Joseph Liu

Joseph P. Liu

This Article argues that courts should adjust the scope of copyright protection by considering time as a factor in fair use analysis. More specifically, the longer it has been since a copyrighted work was published, the greater the scope of fair use should be. Up to now, most of the debate over the role of time in copyright law has focused on the controversial issue of copyright duration and term extension. By focusing so narrowly on the end of the copyright term, however, this debate has neglected the more significant issue of how time should affect the scope of copyright …

Preview Of The 2002 Isda Master Agreement, Christian Johnson

Christian A. Johnson

Foreword To The Survey [From Blueprints To Bricks: A Survey Of Current Baseball Stadium Financing Projects], David Caudill

David S Caudill

No abstract provided.

Scientific Narratives In Law: An Introduction, David Caudill

David S Caudill

No abstract provided.

Ethnography And The Idealized Accounts Of Science In Law, David Caudill

David S Caudill

An idealized description of scientific activity persists in law and legal literature. Social aspects of science are regularly acknowledged and then dismissed as temporary, irrelevant, or eliminable. A distinction should be made between eliminable and inevitable social aspects of science, and engagement with the latter would lead to a more accurate description of the scientific enterprise. After explaining how ethnomethodology is used to explore the inevitable social, institutional, and rhetorical aspects of science, I identify numerous social aspects and suggest how understanding their role in the production of scientific knowledge might help attorneys and judges in their evaluations of scientific …

Law, Science, And Science Studies: Contrasting The Deposition Of A Scientific Expert With Ethnographic Studies Of Scientific Practice, David Caudill

David S Caudill

No abstract provided.

Director Communications And The Uneasy Relationship Between The Fiduciary Duty Of Disclosure And The Anti-Fraud Provisions Of The Federal Securities Laws, Jennifer O'Hare

Jennifer O'Hare

This Article addresses a conflict between the fiduciary duty of disclosure under state law and the anti-fraud provisions of the federal securities laws. In the Securities Litigation Uniform Standards Act of 1998, Congress balanced the federal interest of discouraging frivolous securities litigation against the need of the states to regulate the conduct of corporate directors. In the Uniform Act, Congress preempted most state securities fraud class actions, but also specifically preserved state claims based on the fiduciary duty of disclosure as enunciated by the Delaware courts at the time of enactment. At that time, the Delaware courts had limited the …

Until Life Support Do Us Part: A Spouse's Limited Ability To Terminate Life Support For An Incompetent Spouse With No Hope Of Recovery, Marybeth Herald

Marybeth Herald

This paper deals with a MCS patient in California - a case that highlights our uncertain steps into state regulation of the end of life. After a 1993 automobile accident, 42-year-old Robert Wendland fell into the classification of a MCS with no hope of recovery. He had made no advance directives as to his health care. His wife of 20 years sought to withhold artificial feeding and hydration after three surgeries to replace Robert's feeding tube. The 20-member ethics committee at the hospital, Robert and Rose's three children (two were of college age), and Robert's brother, all supported her decision. …

Progressive Race Blindness: Individual Identity, Group Politics, And Reform, Darren Hutchinson

Darren L Hutchinson

Critical Race Theorists advance race consciousness as a positive instrument for political and legal reform. A growing body of works by left-identified scholars, however, challenges this traditional progressive stance toward race consciousness.

After summarizing the contours of this budding literature, this Article criticizes the "progressive race blindness" scholarship on several grounds and offers an alternative approach to race consciousness that balances skepticism towards the naturalness of race with a healthy appreciation of the realities of racial subjugation and identity.

Immigration Law Forces Foreign Doctors To Return Home

Jill E. Family

People Want A Say, Next, A Global Parliament, Andrew Strauss, Richard Falk

Andrew L. Strauss

No abstract provided.

Cracking The Tax Code, Tom Bell

Tom W. Bell

No abstract provided.

Seven Deadly Sins Of Isda Negotiations, Christian Johnson

Christian A. Johnson

Using Behavioral Economics To Show The Power And Efficiency Of Corporate Law As Regulatory Tool, Kent Greenfield

Kent Greenfield

Prepared for the Daniel J. Dykstra Corporate Governance Symposium at University of California, Davis, in February 2001, this article argues that changes in corporate governance in the United States - specifically the relaxation of the profit maximization norm, the broadening of management's fiduciary duties to include workers, and the inclusion of worker representatives on boards of directors - are likely to be efficient means of reaching certain preferred policy outcomes, such as an increase in the wages of working people and a decrease in income inequality. Instead of being seen as "private law," corporate law should be regarded as a …

Bankruptcy Overview: Issues, Law And Policy, Margaret Howard

Margaret Howard

No abstract provided.

Toward An Accommodation Of Divergent Jurisdictional Standards For The Determination Of Maintenance Obligations In Private International Law, Robert Spector

Robert G. Spector

No abstract provided.

The Push To Private Religious Expression: Are We Missing Something?, Kathleen Brady

Kathleen A Brady

No abstract provided.

Zelman V. Simmons-Harris And The Politicization Of Religion, Lawrence Hamermesh

Lawrence A. Hamermesh

No abstract provided.

An Essay On The Production Of Youth Prostitution, Libby Adler

Libby S. Adler

Youth prostitution is more multidimensional than one might guess from its most typical depictions. This essay is designed to raise the profile of some of its less prominent aspects – aspects which are not unknown exactly, but which are under-recognized and generally ignored in the context of legal analysis. Many of the most challenging dimensions of youth prostitution are eclipsed by an ideology which fails to grapple with the complexity of youth agency and the consequent position of youth in law. The result is that some kids are left inadequately served and others are utterly unknowable. My principal aim in …

Me And Muhammed, Michael Meltsner

Michael Meltsner

This article describes the representation of Muhammad Ali in the federal case that led to restoration of his boxing license in New York State and ultimately in other jurisdictions. An unusual aspect of the litgation is the manner in which the author's childhood experiences led him to the theory that ultimately persuaded a federal court to find the actions of the New York Athletic Commission unconstitutionally arbitrary and capricious.

Does Indebtedness Influence Health? A Preliminary Inquiry, Melissa Jacoby

Melissa B. Jacoby

Winner of the Young Scholar Award from the American Society of Law, Medicine, and Ethics

Immigration, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Toward A Common Methodology In Contract Law, Antonio Lordi

antonio lordi

No abstract provided.