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Review Of: Lectures On Natural Philosophy By Richard Helsham, D. A. Attis, P. Kelly, And D. Weire, James C. Evans

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This article is a review of the book "Review of: Lectures on Natural Philosophy" by Richard Helsham, D. A. Attis, P. Kelly, and D. Weire.

The Write Way: Past "Aall Call For Papers" Winners Advise The Hesitant Writer, Adeen Postar

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Each year, the American Association of Law Libraries sponsors a writing competition, funded by LEXIS Publishing. Officially known as the “Call for Papers,” the competition sparks scholarship, fosters creativity, and recognizes some of the finest writing produced by the members of our profession. Winning papers are presented at the Annual Meeting and often are published in Law Library Journal. Over time, the scholarship has added to and shaped the Association’s collective wisdom.

To get a handle on how to write a winning paper, this year’s judges queried four past winners: Deanna Barmakian, Jonathan Franklin, Michael A. Slinger, and Beatrice Tice. …

The Integration Game, Abraham Bell, Gideon Parchomovsky

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No abstract provided.

Annotating The News: Mitigating The Effects Of Media Convergence And Consolidation, Eric Easton

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This essay is a personal inquiry into the nature of media technology, law, and ethics in an era marked by the convergence of media that have been largely separate-print, broadcast, cable, satellite, and the Internet-and by the consolidation of ownership in all of these media. What inventions, practices, and norms must emerge to enable us to take advantage of this vast new information-based world, while preserving such important professional values as diversity, objectivity, reliability, and independence?

The right to know belongs not only to individuals, but to the public at large, it can (or, perhaps, must) be vindicated by government …

The Incredible Shrinking Law School, Phillip J. Closius

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The University of Toledo College of Law faculty and administration performed a task that may be unprecedented in modern American legal education. During a series of luncheon meetings we focused on the topic of enrollment--what size student body should we have given the realities of our market and the pedagogical goals we wish to achieve. We analyzed this issue without either an extensive reliance on our revenue stream or the risk of losing resources if we admitted fewer students. Since we administer both a full- and part-time (mainly evening) program, we also discussed our obligation to serve our metropolitan community …

Copyright Corner: The Adoption Of Ucita In Maryland, Harvey K. Morrell

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In the December 1999 issue of AALL Spectrum, Charles Cronin provided a fine overview of the Uniform Computer Information Transactions Act (UCITA) and its potential impact on libraries. As he indicated, the National Conference of Commissioners on Uniform State Laws (NCCUSL) offered UCITA to several state legislatures for consideration, with Maryland and Virginia vying to become the first state to enact it. Virginia, whose legislative session began a couple of months before Maryland’s and whose process did not allow much opposition, was first across the line. However, one amendment, included near the end of the process, delayed implementation of the …

Testing Lay Intuitions Of Justice: How And Why?, Paul H. Robinson

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When John Darley and I wrote Justice, Liability, and Blame: Community Views and the Criminal Law, our goal was not to provide the definitive account of lay intuitions of justice but rather to stimulate interest in what we saw as an important but long-term project that would require the work of many people. Having this American Association of Law Schools program is itself something toward that end and for that we thank Christopher Slobogin and Cheryl Hanna. In this brief introduction to the Symposium, let me set the stage by doing four things. Part I of this Article summarizes the …

Some Doubts About Argument By Hypothetical, Paul H. Robinson

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In his paper, Why the Successful Assassin Is More Wicked than the Unsuccessful One, Leo Katz "pick[s] up the gauntlet [Sandy] Kadish throws down" to offer a nonconsequentialist justification for giving significance to resulting harm and, in particular, to justify the common practice of punishing attempts less than the completed offense. In one sense, I may not be the ideal person to serve as critic. I am not one of those who, like Kadish and others, does not believe in the significance of resulting harm in assessing blameworthiness (people whom Katz calls the "luck- skeptics" but to whom I will …

Gender And Privacy In Cyberspace, Anita L. Allen

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No abstract provided.

The 1% Solution: American Judges Must Enter The Internet Age (With Henry H. Perritt, Jr.), Ronald W. Staudt

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No abstract provided.

Timing Of The Acadian Orogeny In Northern New Hampshire, J. Dykstra Eusden, Chris A. Guzofski, Alexander C. Robinson, Robert D. Tucker

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New U‐Pb geochronology constrains the timing of the Acadian orogeny in the Central Maine Terrane of northern New Hampshire. Sixteen fractions of one to six grains each of zircon or monazite have been analyzed from six samples: (1) an early syntectonic diorite that records the onset of the Acadian; (2) a schist, a migmatite, and two granites that together record the peak of the Acadian; and (3) a postkinematic pluton that records the end of the Acadian. Zircon from the syntectonic Wamsutta Diorite gives a 207Pb/206Pb age of circa 408 Ma, the time at which the boundary between the deforming …

Publish Or Perish, Gideon Parchomovsky

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No abstract provided.

The Elements Of International Law, Mortimer N.S. Sellers

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No abstract provided.

Afterword: Antitrust And American Business Abroad Revisited, David J. Gerber

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No abstract provided.

Another Attack On The Fast Track, Constance Z. Wagner

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Although the Congressional fight over the North American Free Trade Agreement (NAFTA) may have ended when the NAFTA Implementation Act passed by a narrow margin, the controversy surrounding NAFTA has not. In Made in the USA Foundation v. United States, the United Steel Workers of American and others asserted that NAFTA was void because it had been approved as a congressional-executive agreement when it should have been approved as a treaty under Article II, Clause 2 of the U.S. constitution. The author discusses the constitutional law issue raised by the lawsuit, namely the validity of the long-standing U.S. practice of …

Structuring Criminal Codes To Perform Their Function, Paul H. Robinson

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This paper argues that criminal codes have two distinct functions. First, a code must ex ante announce the rules of conduct. Second, it must set out the principles of for adjudicating, ex post, violations of those rules. These two functions often are in tension with one another. Each calls for a different kind of code, addressed to a different audience, with different objectives: To be effective ex ante, the rules of conduct must be formulated in a way that they will be understood, remembered, and able to be applied in daily life by lay persons with a wide range of …

Evidence Issues In Domestic Violence Civil Cases, Jane C. Murphy, Jane H. Aiken

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New laws and policies aimed at protecting victims of domestic violence have been adopted across the country over the last twenty years.The legal approaches taken to protect battered women and control family violence have resulted in significant changes in family law. New laws include statutes permitting civil protection or restraining orders, and laws requiring that domestic violence be considered in custody and/or visitation decisions. Both of these types of statutory reforms can provide protection to adult victims of domestic violence and their children. Evaluating a parent's fitness by considering past acts of violence to other family members results in decisions …

When The Wall Has Fallen: Decades Of Failure In The Supervision Of Capital Juries, José F. Anderson

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Since the return of capital punishment after Furman v. Georgia nearly three decades ago, the Supreme Court of the United States has struggled to control the administration of capital punishment when those decisions are made or recommended by a citizen jury. Although there is no constitutional requirement that a jury participate in the death penalty process, most states do provide, through their capital punishment statutes, that a jury will participate in the decision. The preference for jury sentencing in these circumstances reflects a reluctance to leave power over life solely in the hands of one judge. Still, some scholars have …

Why Does The Criminal Law Care What The Layperson Thinks Is Just? Coercive Versus Normative Crime Control, Paul H. Robinson

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THE criminal law codification movement of the 1960s and 70s was guided by instrumentalist principles designed to reduce crime, rather than by retributivist notions of giving offenders deserved punishment. The Model Penal Code, which served as a model for nearly all of the period's code reforms, was explicit on the point: The Code's "dominant theme is the prevention of offenses" and its "major goal is to forbid and prevent conduct that threatens substantial harm." Yet, as Part I of this Article will show, even from such a staunchly instrumentalist code came a criminal law that defers to laypersons' shared intuitions …

Rationality And Responsibility, Stephen J. Morse

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No abstract provided.

Corporate Law As A Facilitator Of Self Governance, Edward B. Rock, Michael L. Wachter

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No abstract provided.

Informed Consent Law And The Forgotten Duty Of Physician Inquiry, Robert Gatter

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Courts and commentators have forgotten that embedded in the duty of physicians to obtain a patient's informed consent is a prior obligation for physicians to get to know that patient. This is most clear in jurisdictions employing the reasonable person standard of disclosure. That standard requires physicians to disclose to a patient information that a reasonable person would want to know if that person were in the patient's position or, more precisely, if that person were "in what the physician should know to be the patient's position." Thus, a physician must learn some minimal information about each patient's "position." An …

The Reconceptualization Of Legislative History In The Supreme Court, Charles Tiefer

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In 1995, the Supreme Court began to embrace a approach to interpreting Congressional intent. From that year forward, the Breyers-Stevens model of legislative history, or "institutional legislative history," has seen significant success, emerging in the shadows of the success Justice Scalia's enjoyed while promoting his brand of textualism in the early 1990s. In developing a new way to view Congressional intent, Justices Breyers and Stevens synthesize information gathered from congressional report details, preferably attached to bill drafting choices, thereby renouncing Scalia's reliance on the purposes espoused by the Congressional majority. This new approach, the author contends, rejuvenated the court's approach …

"Bad For Business": Contextual Analysis, Race Discrimination, And Fast Food, Regina Austin

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No abstract provided.

A Liberal Theory Of Social Welfare: Fairness, Utility, And The Pareto Principle, Howard F. Chang

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No abstract provided.

When The Rule Swallows The Exception, Claire Oakes Finkelstein

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No abstract provided.

Introduction, Anthony J. Scirica

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Privacy-As-Data Control: Conceptual, Practical, And Moral Limits Of The Paradigm, Anita L. Allen

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No abstract provided.

Incentives To Settle Under Joint And Several Liability: An Empirical Analysis Of Superfund Litigation, Howard F. Chang, Hilary Sigman

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Congress may soon restrict joint and several liability for cleanup of contaminated sites under Superfund. We explore whether this change would discourage settlements and is therefore likely to increase the program 's already high litigation costs per site. Recent theoretical research by Kornhauser and Revesz finds that joint and several liability may either encourage or discourage settlement, depending on the correlation of outcomes at trial across defendants. We extend their two-defendant model to a richer framework with N defendants. This extension allows us to test the theoretical model empirically using data on Superfund litigation. We find that joint and several …

Creating And Solving The Problem Of Drug Use During Pregnancy, Dorothy E. Roberts

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No abstract provided.