Digital Commons Network^™

"Family Advisor": The Trend For Athletes With Family Values, Joseph A. Kohm, Lynne Marie Kohm

University of Miami Entertainment & Sports Law Review

No abstract provided.

How Law Is Formal And Why It Matters , Robert S. Summers

Cornell Law Review

No abstract provided.

The Author Effect After The "Death Of The Author": Copyright In A Postmodern Age, Elton Fukumoto

Washington Law Review

Copyright law employs terms and concepts, such as "originality" and "authorship," which the Romantic movement developed. Post-structuralism and Postmodernism, influential intellectual and artistic trends, have attacked the "author" concept by undermining its philosophical foundations. But when Postmodem artists act in accordance with their anti-author beliefs, they expose themselves to liability for copyright infringement. Recent copyright cases illustrate the courts' not entirely satisfactory response to the artistic appropriation of previous works. This Comment suggests that the courts read a pastiche exception, broader than the current exception for parody, into the fair use defense for copyright infringement.

Places In The Heartland: Departure Jurisprudence After Koon, Frank O. Bowman Iii

Faculty Publications

There are two things upon which I suspect most observers will agree following the decision in Koon v. United States. First, the United States Supreme Court wants district courts to have more discretion to depart from the otherwise applicable guideline range, and wants appellate courts to have less authority to overturn those discretionary judgments. Second, in light of the conflicting signals the Court gave by, on the one hand, declaring that the standard of appellate review for departure decisions is to be abuse of discretion,” and on the other hand, finding that two of the five factors relied upon by …

Problems Of Peace-Makers In Papua New Guinea: Modalities Of Negotiation And Settlement, Andrew J. Strathern, Pamela J. Stewart

Cornell International Law Journal

No abstract provided.

The Israel-Plo Interim Agreements: Are They Treaties, John Quigley

Cornell International Law Journal

No abstract provided.

From The Bottom Up , Kent Greenawalt

Cornell Law Review

No abstract provided.

The West Lodge Files: Joining Clinic And Community To Overcome Tenants' Subordination, Mary Truemner, Bart Poesiat

Osgoode Hall Law Journal

Organizing with members of the community is an essential part of realizing change through legal advocacy. This article explores how organizing with tenants' associations in the Parkdale community created a foundation for success in the courtroom in what are perhaps Parkdale Community Legal Services' most famous files-The West Lodge Files. The article traces the long history of legal and other battles surrounding the West Lodge towers, beginning with a groundbreaking Supreme Court of Canada case for tenants' rights in the 1970's and ending with the tenants' 1997 attempt and courtroom battle to buy the buildings and turn them into a …

Should The Doctrine Of Lost Volume Seller Be Retained? A Response To Professor Breen, Daniel W. Matthews

University of Miami Law Review

No abstract provided.

Privacy And Information Technology, Judith Wagner Decew

Center for the Study of Ethics in Society Papers

Presented March 17, 1997 for the Center for the Study of Ethics in Society

Misappropriation Theory As A Permissible Basis Of Section 10(B) Liability, The, Heather L. Reinsch

Missouri Law Review

Whether the misappropriation theory is a permissible basis for liability under section 10(b) of the Securities Exchange Act is an issue that has split the U.S. Courts of Appeals. The issue turns on the statutory interpretation of section 10(b) and Rule 10b-5, as well as policy considerations. The Supreme Court finally settled the issue in United States v. O'Hagan, when it reversed the Eighth Circuit and permitted the United States government to base section 10(b) liability on the misappropriation theory. The effect of the Court's decision is to make a person liable under section 10(b) if he received material and …

Law As A Eurocentric Enterprise, Kenneth B. Nunn

Minnesota Journal of Law & Inequality

No abstract provided.

Recipe For Trouble: Some Thoughts On Meaning, Translation And Normative Theory, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.

Toward A Proper Test For Design Defectiveness: "Micro-Balancing" Costs And Benefits, David G. Owen

Faculty Publications

No abstract provided.

Juno Moneta: On The Erotics Of The Marketplace, Jeanne Lorraine Schroeder

Washington and Lee Law Review

No abstract provided.

Lacan And The Subject Of Law: Sexuation And Discourse In The Mapping Of Subject Positions That Give The Ur-Form Of Law, Ellie Ragland

Washington and Lee Law Review

No abstract provided.

Maladies Of The Legal Soul: Psychoanalysis And Interpretation In Law, Peter Goodrich

Washington and Lee Law Review

No abstract provided.

Does Law Need An Analyst? Prospects For Lacanian Psychoanalysis In Law, Richard E. Redding

Washington and Lee Law Review

No abstract provided.

Parental Law, Harmful Speech, And The Development Of Legal Culture: Russian Judicial Chamber Discourse And Narrative, Frances H. Foster

Washington and Lee Law Review

No abstract provided.

The Immovable Object Versus The Irresistable Force: Rethinking The Relationship Between Secured Credit And Bankruptcy Policy, Lawrence Ponoroff, F. Stephen Knippenberg

Michigan Law Review

The last leaf in O. Henry's classic short story was hanging by a delicate thread, but it never fell. It never fell, of course, because it wasn't real; Old Behrman had painted it (and caught pneumonia for his trouble) in order to give Johnsy the will to live. The Supreme Court's decision in Dewsnup v. Timm is also hanging by a thread, following a barrage of scholarly criticism and more than four years of limiting case law and legislative incursions on the case's core conceptual rationale. But the holding in Dewsnup, unlike the last leaf, is very real. It has …

On Reading Recipes. . . And Constitutions, Gary S. Lawson

Faculty Scholarship

Modem theories of constitutional interpretation typically make the truth of propositions about constitutional meaning depend, at least to some degree, on the extent to which those propositions lead to politically legitimate results' and/or cohere with modem constitutional practice. That is, such theories generally maintain that correct interpretations of the Constitution must provide normative grounds to apply those interpretations in real cases, must be consistent with at least a substantial amount of real-world constitutional decision making, or both.

152nd University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

152nd University of Notre Dame Commencement and Mass Program including Law School awards

Legal Writing As A Kind Of Philosophy, Joel R. Cornwell

Mercer Law Review

Post-structuralist theories of textual meaning have been integrated into legal education in various ways, notably through the influence of the Critical Legal Studies movement. Ironically, legal writing courses, the portion of the first-year curriculum ostensibly allotted to techniques of dissecting and manipulating language, have largely ignored the insights of analytical philosophy and literary deconstruction indirectly appropriated in other courses. The standard models remain algorithmic, reinforcing a conservative view of writing as an applied lexigraphic skill, essentially void of the substance taught in nonwriting courses. This conceptual disjunction between writing and thought engenders and feeds the attitude that legal writing courses …

Book Review: Postmodern Legal Movements: Law And Jurisprudence At Century's End By Gary Minda, Chris Sagers

Law Faculty Articles and Essays

Postmodem Legal Movements does two things. First, the bulk of the book provides an overview of American jurisprudence, from Christopher Columbus Langdell to the present. This overview is necessary because, in order to understand "postmodem forms of jurisprudence, we must first explore what came before postmodernism, that is, modernism" (p. 5). Second, the relatively short latter portion of the book presents an argument about the current state of American legal scholarship and its future. Minda's picture of contemporary legal thought is that of a paradigm shift in the making.

Postmodern Legal Movements will prove useful to those in search of …

Cultural Criticism Of Law, Guyora Binder, Robert Weisberg

Journal Articles

Professors Binder and Weisberg expound a "cultural criticism" of law that views law as an arena for composing, representing, and contesting identity, and that treats identity as constitutive of the interests that motivate instrumental action. They explicate this critical method by reference to "New Historicist" literary criticism, postmodern social theory, and Nietzchean aesthetics. They illustrate this method by reviewing recent scholarship of two kinds: First, they explore how legal disputes take on expressive meaning for parties and observers against the background of legal norms regulating or recognizing identities. Second, they examine "readings" of the representations of character, credit, and value …

Brief On Behalf Of Appellants - Italy, Riccardo Guastini

Cardozo Law Review

Several rules laid down in the National Brotherhood and Sisterhood Youth Organization Act ("Act") are contrary to Article 1 of the Constitution of Harmonia as interpreted with reference to the constitutional tradition of Italy.

Comments From A United Kingdom Perspective, Anthony W. Bradley

Cardozo Law Review

The given facts require us to consider whether Harmonia's National Brotherhood and Sisterhood Youth Organisation Act (the "Act") and action taken under it infringe the requirement that all legislation in Harmonia must conform with constitutional standards of liberty, equality, solidarity, and tolerance. Since judicial review of primary legislation is not possible under the unwritten constitution of the United Kingdom, British legal experience has nothing to say on the main issues of constitutionality.

A Paradigm Shift In Legal Education: Preparing Law Students For The Twenty-First Century: Teaching Foreign Law, Culture, And Legal Language Of The Major U.S. American Trading Partners, Gloria M. Sanchez

San Diego Law Review

Globalization of the world markets is the impetus behind this Article's call to law schools to include elective courses in transnational practice. Based on the denationalization of markets, laws and politics, the author argues that law schools should provide specialized courses in foreign law, taught in their domestic language, so that students are trained in the basic legal structures of other nations. Because of the creation of the North American Free Trade Agreement (NAFTA) the author recommends courses in Mexican law, culture, and Spanish legal language in U.S. law schools. The author also explains why understanding law in the context …

Court Interpreters: Standards Of Practice And Standards For Training, Franklyn P. Salimbene

Cornell Journal of Law and Public Policy

No abstract provided.

Lost In The Translation: Two Legal Cultures, The Common Law Judiciary And The Basic Law Of The Hong Kong Special Administrative Region, Ann D. Jordan

Cornell International Law Journal

No abstract provided.