Law Commons^™

Who Owns The Customer? The Emerging Law Of Commercial Transactions In Electronic Customer Data, Jane Kaufman Winn, James R. Wrathall

Articles

The Information Revolution is changing the way commerce acted and value is defined within transactions. Before the Internet and "e-business" took center stage, "electronic commerce" meant electronic data interchange, just-in-time inventory systems, supply chain automation, and corporate reengineering.

But the rise of the Internet as a communications medium has coincided with a shift in management focus, from merely trying to improve the efficiency of business logistics systems to a more holistic perspective on improving customer relationships. Intangible assets such as intellectual property rights, human capital in the form of employee knowledge, and established relationships with customers and suppliers are playing …

Information, Decisions, And The Limits Of Informed Consent, Carl E. Scheider, Michael H. Farrell

Book Chapters

For many years, the heart's wish of bioethics has been to confide medical decisions to patients and not to doctors. The favoured key to doing so has been the doctrine of informed consent. The theory of and hopes for that doctrine are well captured in the influential case of Caterbury v. Spence: '[t]rue consent to what happens to one's self is the informed exercise of a choice, and that entails an opportunity to evaluate knoledgeably the options available and the risks attendant upon each'.

Sentimental Stereotypes: Emotional Expectations For High-And Low-Status Group Members, Larissa Z. Tiedens, Phoebe C. Ellsworth, Batja Mesquita

Articles

Three vignette studies examined stereotypes of the emotions associated with high- and low-status group members. In Study 1a, participants believed that in negative situations, high-status people feel more angry than sad or guilty and that low-status people feel more sad and guilty than angry. Study 1b showed that in response to positive outcomes, high-status people are expected to feel more pride and low-status people are expected to feel more appreciation. Study 2 showed that people also infer status from emotions: Angry and proud people are thought of as high status, whereas sad, guilty, and appreciative people are considered low status. …

Using Cases As Case Studies For Teaching Administrative Law, John S. Applegate

Articles by Maurer Faculty

No abstract provided.

Community Service Programs In High Schools, Sally A. Raskoff, Richard A. Sundeen

Law and Contemporary Problems

Raskoff and Sundeen examine youth socialization and civic participation through community service among high school students, with special focus on California. The look at high school community service programs --their practices, their collaborative relations with community organizations for which the students volunteer, and the perspectives of students regarding their participation in these school-sponsored programs.

Do User Fees Violate Nonmember Rights?, Jerry Hartman

UNLV Theses, Dissertations, Professional Papers, and Capstones

User fees are moneys charged non-union members by their representative union for the purpose of processing grievances. The non-member has to request the union to represent them in order for the union to do so. They may also hirer private representation at their own cost. User fees violate the intent of right-to-work laws in Nevada. The Nevada Local Government Employee-Management Board was wrong when they allowed Union/Local 1107 to charge such fees. The "Executive Board Policy" posted by Local 1107 on union bulletin boards announcing the fees for representation was coercive and discriminatory. According to survey, 40% of the respondents …

The Quality Of Justice In Capital Cases: Illinois As A Case Study, Leigh B. Bienen

Law and Contemporary Problems

Bienen uses Illinois as a case study of injustice in capital cases. The quality of justice in the trial and appeal of capital cases in Illinois is of a very low standard.

Field Level Conflict Management In Outdoor Recreation, Arden Anderson

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

16 pages.

Contains references.

Environmental Impacts: The Dark Side Of Outdoor Recreation?, Scott G. Miller

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

14 pages.

Contains 4 pages of references.

Whigs And Hunters: Indian Tribal Rights In The National Forests, Robert A. Williams, Jr.

The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)

7 pages.

Contains 1 page of references.

Lessons From Reintroduction: The Bear And The Wolf, Michael Roy

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

15 pages.

Contains 1 page of references.

The United States And The World Bank: Constructive Reformer Or Fly In The Functional Ointment?, David A. Wirth

Michigan Journal of International Law

Review of The United States and the Politicization of the World Bank: Issues of International Law and Policy by Bartram S. Brown

Lawyering For Social Change: The Power Of The Narrative In Domestic Violence Law Reform, Jane C. Murphy

All Faculty Scholarship

The role of the narrative or story in legal discourse has been explored and developed in legal scholarship over the last several years. The goals of the various calls for more storytelling in the legal context vary. They generally relate, however, to a desire to move away from exclusive reliance on abstract legal argumentation to persuade. The goals of ‘storytellers‘ are also linked to furthering an understanding of the dynamics of oppression based on race or gender, or both.

The judicial and legislative processes have always included a narrative component. Clinical legal scholarship has also explored the critical role of …

The Hunger Trap: Women, Food, And Self-Determination, Christine Chinkin, Shelley Wright

Michigan Journal of International Law

The authors examine the relationship of international law and food to women by first presenting seven stories of women from different situations, geographical locations, and conditions of affluence or poverty. These individual stories illustrate in a concrete way the circumstances of individual women's lives and their relationship to food and hunger. They are, to some extent, representative of women generally. We then examine the international legal framework and the provisions of international law that might be relevant to relieving the reality of hunger and women's vulnerability to food deprivation.

Agenda: Uncovering The Hidden Resource: Groundwater Law, Hydrology And Policy In The 1990s, University Of Colorado Boulder. Natural Resources Law Center, Rocky Mountain Ground-Water Conference (1992), Colorado Ground-Water Association

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

Sponsored by Natural Resources Law Center, University of Colorado School of Law and the Rocky Mountain Ground-Water Conference, organized by the Colorado Ground-Water Association.

Faculty for the conference included University of Colorado School of Law professor Lawrence J. MacDonnell.

Nearly half the people in the United States rely on groundwater as their primary water source. As demands for groundwater grow, it becomes increasingly important for lawyer and technical professionals to understand the legal and hydrologic issues arising in groundwater development, use, and protection. These issues will be the focus of the Center's thirteenth annual summer program, June 15-17, 1992.

This …

Colorado’S Law Of “Underground Water”: A Look At The South Platte Basin & Beyond, Lawrence J. Macdonnell

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

50 pages (includes illustrations and maps).

Contains footnotes.

The Legislative Process In The Virginia General Assembly: Ten Case Studies Of Environmental Legislation Proposed By Hampton Roads Cities, Betty Jean Meyer

Theses and Dissertations in Urban Services - Urban Management

This study addresses the following two questions: (1) How does the Virginia General Assembly process bills which are proposed by local governments in Virginia? and (2) Are there identifiable factors in this legislative process which could be impacted by local governments to influence legislative outcomes? These questions are addressed by focusing on ten case studies of environmental issues contained in legislative proposals of six cities in Hampton Roads Virginia for the 1987, 1988, and 1989 sessions of the General Assembly. The case data were compiled from records of the General Assembly, media accounts, and interviews with 19 legislators and other …

Agenda: Moving The West's Water To New Uses: Winners And Losers, University Of Colorado Boulder. Natural Resources Law Center

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

Conference organizers and/or faculty included University of Colorado Law School professors Lawrence J. MacDonnell and Mark Squillace.

Moving the West's Water to New Uses: Winners and Losers will be the theme for this year's water conference, June 6-8 at the Law School in Boulder. The conference will consider the changing demands for water in the West and the need to reallocate a portion of the existing uses of water to new uses.

The first day will provide the background by looking at the most likely sources of water to meet these demands, including agriculture, federal water projects, interstate transfers, and …

Introduction—The Biggest Deal Ever, Deborah A. Demott

Duke Law Journal

No abstract provided.

Agenda: External Development Affecting The National Parks: Preserving "The Best Idea We Ever Had", University Of Colorado Boulder. Natural Resources Law Center

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

Conference organizers and/or faculty included University of Colorado School of Law professors Lawrence J. MacDonnell and Daniel Magraw.

The conference will be held at the Aspen Lodge, adjacent to Rocky Mountain National Park near Estes Park, Colorado.

It was Wallace Stegner who called the national parks "the best idea we ever had." The continuing increases in usage attest to their popularity. National parks are created to preserve areas of special scenic and cultural value for enjoyment and use. Managing the parks in a manner that protects the important values and purposes for which they were created presents important and difficult …

Update - July 1986, Loma Linda University Center For Christian Bioethics

Update

In this issue:

-- Baby Jessie and Beyond
-- Newsbriefs
-- The Bouvia Decision: Right But Inadequate
-- LLU plans conference on ethics and transplantation

[ Apartheid and Morality Today ]
-- Growing Up White in South Africa
-- In Favor of Constructive Engagement
-- Divestment: Realistic Moral Opposition to Apartheid

-- What should treatment committees consider?
-- Religion and Politics on Sabbath (Editorial)
-- George Otto Schumacher, MD (1913-1986)
-- Thomas Gordon Goman, PhD (1944-1986)

Scientific Issues And The Function Of Hearing Procedures: Evaluating The Fda’S Public Board Of Inquiry, Sidney A. Shapiro

Duke Law Journal

No abstract provided.

Lawyers And Children: Wisdom And Legitimacy In Family Policy, Carl E. Schneider

Michigan Law Review

A Review of In the Interest of Children: Advocacy, Law Reform, and Public Policy by Robert H. Mnookin, Robert A. Burt, David L. Chambers, Michael S. Wald, Stephen D. Sugarman, Franklin E. Zimring, and Rayman L. Solomon

Innovative Transfer And Exchange Plans, Glenn E. Porzak

Colorado Water Issues and Options: The 90's and Beyond: Toward Maximum Beneficial Use of Colorado's Water Resources (October 8)

36 pages (includes maps).

Contains footnotes (page 32).

Moral Discourse And The Transformation Of American Family Law, Carl E. Schneider

Michigan Law Review

Family law has undergone momentous change in recent decades. In this Article, Professor Schneider proposes that the transformation in family law can be understood as a diminution in the law's discourse in moral terms about the relations between family members and as a transfer of moral decisions from the law to the people the law once regulated. Professor Schneider identifies countertrends and limits to the changes he describes, and then investigates the reasons for the changes. He hypothesizes that four forces helped change family law and moral discourse within family law: the legal tradition of noninterference in family affairs; the …

The Allure Of Legalization Reconsidered: The Case Of Special Education, David Neal, David L. Kirp

Law and Contemporary Problems

No abstract provided.

Black Innocence And The White Jury, Sheri Lynn Johnson

Michigan Law Review

Racial prejudice has come under increasingly close scrutiny during the past thirty years, yet its influence on the decisionmaking of criminal juries remains largely hidden from judicial and critical examination. In this Article, Professor Johnson takes a close look at this neglected area. She first sets forth a large body of social science research that reveals a widespread tendency among whites to convict black defendants in instances in which white defendants would be acquitted. Next, she argues that none of the existing techniques for eliminating the influence of racial bias on criminal trials adequately protects minority-race defendants. She contends that …

U.S. Preparation For Itu Conferences: Warc '79, A Case Study, David B. Fenkell

Michigan Journal of International Law

This article traces United States preparation for international telecommunication conferences, focusing on WARC '79. First, a brief background of the ITU is presented, including the events leading to the decision to convene WARC '79. Secondly, with the aid of a recent Office of Technology Assessment (OTA) Survey, the article analyzes American preparation for the Conference. The third part considers the impact of U.S. preparation on the reservations taken at WARC '79. Finally, recent U.S. legislative actions aimed at improving U.S. preparation for international telecommunication conferences are examined.

Agenda: New Sources Of Water For Energy Development And Growth: Interbasin Transfers: A Short Course, University Of Colorado Boulder. Natural Resources Law Center

New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)

Even before the [Natural Resources Law] Center was established [in the fall of 1981], the [University of Colorado] School of Law was organizing annual natural resources law summer short courses. To date four programs have been presented:

- July 1980: "Federal Lands, Laws and Policies-and the Development of Natural Resources"

- June 1981: "Water Resources Allocation: Laws and Emerging Issues"

- June 1982: "New Sources of Water for Energy Development and Growth: lnterbasin Transfers"

- June 1983: "Groundwater: Allocation; Development and Pollution"

(Reprinted from Resource Law Notes, no. 1, Jan. 1984, at 1.)

Faculty for this conference included University of …

Congressional Control Of Administrative Regulation: A Study Of Legislative Vetoes, Harold H. Bruff, Ernest Gellhorn

Publications

Several administrative programs contain provisions allowing Congress to veto agency rules, and there is now a bill before Congress to extend this veto power to all agency rulemaking. In this Article, Professor Bruff and Dean Gellhorn analyze the histories of five federal programs subject to the legislative veto to determine the effect of the veto on the rulemaking process and on the relationships between the branches of government. Extrapolating from this practical experience, they suggest that a general legislative veto is unlikely to increase the overall efficiency of the administrative process, may impede the achievement of reasoned decisionmaking based on …