Digital Commons Network^™

Holmes On Peerless: Raffles V. Wichelhaus And The Objective Theory Of Contract, Robert Birmingham

Faculty Articles and Papers

No abstract provided.

Privacy In Confucian And Taoist Thought, Christina B. Whitman

Book Chapters

Only three aspects of the broad concept "privacy" will be explored in this essay: privacy as providing a sphere for intimate personal relationships with family and friends, privacy as freedom from surveillance for purposes of gathering personal information, and privacy as freedom from interference by government or social controls. These concepts describe quite different concerns. They are often grouped together under the single term "privacy," but not without some strain... A comparison between a modern Western value and its counterpart, if any, in very early Confucian and Taoist belief is inevitably somewhat strained. But it serves a purpose. If nothing …

When Is A Car A Bicycle And Other Riddles: The Definition Of A Security Under The Federal Securities Laws, M. Thomas Arnold

Cleveland State Law Review

In Marine Bank v. Weaver, the United States Supreme Court decided that a certificate of deposit purchased from a federally-regulated bank was not, under the circumstances of the case, a security under federal laws. Several recent federal court cases have considered the question of the status of certificates of deposit under factual circumstances somewhat different from Weaver. Two of these cases provide an interesting study of the uncertainty that continues to surround the definition of a security. And despite the lengthy definitions of "security" found in federal securities laws, much uncertainty remains as to exactly what is included within the …

The Logic Of Legal Reasoning In Religious And Non-Religious Cultures: The Case Of Islamic Law And The Common Law, Wael B. Hallaq

Cleveland State Law Review

It is only reasonable to assume that dissimilar legal systems possess dissimilar patterns of legal reasoning. Inasmuch as two legal systems differ in their structure and function, they also differ in the types of arguments they employ in their service. It may well be argued that law is, in the final analysis, the product of the premises and methods from and through which it is derived. Two such legal systems which display a vast difference in their overall structure and function are Islamic law and the common law. This paper proposes to shed some light on the logic of legal …

Jurisdiction And The Japanese Defendant, Robert W. Peterson

Santa Clara Law Review

No abstract provided.

Paul, The Lawyer, On Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Framers Intent: The Illegitimate Uses Of History, Pierre Schlag

Seattle University Law Review

In this Article, I will present a series of attacks on intentionalism. My efforts are aimed at eroding the high ground that the intentionalist position appears to enjoy in the interpretation of state and federal constitutions. Currently, one almost has to justify departure from the framers intent in advancing a nonconforming constitutional interpretation. This Article is an attempt to reverse this assumed burden of persuasion.

Asbestos: The Private Management Of A Public Problem, Harry H. Wellington

Cleveland State Law Review

Under the existing judicial system in America, asbestos litigation has reached epidemic proportions. It is extravagantly expensive and grotesquely inefficient. Conceivably billions of dollars are at stake in this group effort, and the fair treatment of thousands of very sick people, and thousands more who one day will be ill as a result of asbestos, may turn on the success of this private initiative (the Wellington Group) to design a private agency that will fairly and effectively manage the bulk of asbestos claims and asbestos product liability litigation. Section I provides background information on the asbestos problem: from the material …

Rule 37 Sanctions: Deterrents To Discovery Abuses, Kathy Bidegaray Irigoin

Montana Law Review

Rule 37 Sanctions

Whither Jurisprudence?, Anthony D'Amato

Cardozo Law Review

No abstract provided.

Roberto Mangabeira Unger: Passion: An Essay On Personality, Deborah Chaffin

Cardozo Law Review

No abstract provided.

Jurisdiction And The Japanese Defendant, Robert Peterson

Faculty Publications

This article considers some of the current tactical and legal issues counsel must face in bringing the Japanese defendant into an American court. Much of the discussion is also relevant to service in other foreign countries. The article concludes with a recipe for the proper preparation of service of process which the Japanese defendant should find irresistible.

Table Of Contents - Vol. 8, No. 2 1984-1985

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Up A Statute With Gun And Camera: Isolating Linguistic And Logical Structures In The Analysis Of Legislative Language, Robert W. Benson

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Direct Damages: The Lost Key To Constitutional Just Compensation When Business Premises Are Condemned, D. Michael Risinger

Seton Hall Law Review

No abstract provided.

Securities Regulation In The Burger Court, Alfred F. Conard

University of Colorado Law Review

No abstract provided.

Separation Of Powers, Legislative Vetoes, And The Public Lands, Eugene R. Gaetke

University of Colorado Law Review

No abstract provided.

Legal Theory And The Pivotal Role Of The Concept Of Coercion, Dale A. Nance

University of Colorado Law Review

No abstract provided.

Putting Meaning Into The Treaty Exception To The Act Of State Doctrine, Dennis G. Terez

Case Western Reserve Journal of International Law

No abstract provided.

Legal Aspects Of Membership In The Organization Of African Unity: The Case Of The Western Sahara, Anthony G. Pazzanita

Case Western Reserve Journal of International Law

No abstract provided.

The Implicit Assumptions Of Labor Law Scholarship—Making Sense Of The Last Fifty Secondary Boycott Decisions, Or How I Spent My Summer Vacations, James B. Atleson

Journal Articles

No abstract provided.

Equal Access To Law (School), Bill Piatt

Faculty Articles

One of the most rewarding aspects of serving on the law faculty at Washburn University School of Law has been the opportunity to recruit women and minority students and to serve as the faculty advisor to the Hispanic American Law Student Association. Following are some of my thoughts regarding the reasons for attracting more women and minorities to the legal profession. The comments relate to a legal education because that is my background; the principles I discuss should be equally applicable to other graduate programs as well.

Commercial Transactions, John Krahmer

SMU Law Review

No abstract provided.

Practical Reasoning And Judicial Justification: Toward An Adequate Theory, Vincent A. Wellman

University of Colorado Law Review

No abstract provided.

Legal Practice Shaped By Loyalty To Tradition: The Case Of Saudi Arabia, Carolyn R. Ruis

Michigan Journal of International Law

This note employs Saudi Arabia as an example of an Islamic country that has retained its religious traditions while being forced by economic necessity to adopt some Western commercial practices. Part I reviews the legal system of Saudi Arabia, highlighting the major differences and similarities between it and Western commercial law. Part II considers the legal requirements and cultural norms which Western attorneys should be prepared to observe while practicing in a traditional Islamic society. It suggests that strict adherence to custom and the Saudi Government's recent attempts to strengthen restrictions on both the professional and personal lives of expatriates …

Historical Truth, Narrative Truth, And Expert Testimony, Marianne Wesson

Publications

No abstract provided.

Fish V. Fiss, Stanley Fish

MC Law Review

No abstract provided.

The Judicial Opinion And The Poem: Ways Of Reading, Ways Of Life, James Boyd White

MC Law Review

No abstract provided.

Doctrine In A Vacuum: Reflections On What A Law School Ought (And Ought Not) To Be, James Boyd White

University of Michigan Journal of Law Reform

Although this paper will reach a wider audience, in it I mean mainly to address the students and faculty of the University of Michigan Law School. It is meant to be part of a conversation in which members of this community talk to each other about the life they share.

I have written elsewhere about the expectations-the fears and hopes-that one can appropriately bring to law school. In this paper I speak to those who are immersed in ·the process of legal education, on one side of the podium or the other, and wish to say something of what I …

The Admissibility Of Novel Scientific Evidence: The Current State Of The Frye Test In Wisconsin, Gary J. Van Domelen

Marquette Law Review

No abstract provided.