Digital Commons Network^™

Disability, Reciprocity, And 'Real Efficiency': A Unified Approach, Amy L. Wax

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The Americans with Disabilities Act (ADA) requires private employers to offer reasonable accommodation to disabled persons capable of performing the core elements of a job. Some economists have attacked the statute as ill-advised and inefficient. In examining the efficiency of the ADA, this article analyzes its cost-effectiveness against the following social and legal background conditions: First, society will honor a minimum commitment to provide basic support to persons - including the medically disabled - who, through no fault of their own, cannot earn enough to maintain a minimally decent standard of living. Second, legal and pragmatic factors, including "sticky" or …

A Community Of Courts: Toward A System Of International Criminal Law Enforcement, William W. Burke-White

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No abstract provided.

Diagnosing Stuttering In The School Environment, Michael Susca

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School speech-language pathologists work in settings that present multiple challenges to diagnosing stuttering in students. Perceiving stuttering as a communication impairment allows integration of various issues with criteria from the Individuals with Disabilities Education Act 1997 into an effective diagnostic plan. Assessment from multiple perspectives reveals motor, linguistic, social, affective, and cognitive issues related to communication and educational competencies. Common sense and pragmatic communication concerns related to children who stutter are described. Clinical questions, observations, issues, and tasks are explored as parts of the assessment process. The multidimensional assessment of student-centered issues helps the clinician determine eligibility qualifications, develop individual …

Review Of: The Diplomacy Of Involvement: American Economic Expansion Across The Pacific, 1784-1900 By David M. Pletcher, Jeffrey J. Matthews

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This article reviews "Review of: The Diplomacy Of Involvement: American Economic Expansion Across The Pacific, 1784-1900" by David M. Pletcher.

Teaching Real Torts: Using Barry Werth's Damages In The Law School Classroom, Tom Baker

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No abstract provided.

Bounded Evaluation: Cognition, Incoherence, And Regulatory Policy, Cary Coglianese

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Cass Sunstein, Daniel Kahneman, David Schkade, and Ilana Ritov have recently advanced a cognitive explanation for incoherence in legal decisionmaking, showing how decision makers tend to make micro-level judgments that make little sense when viewed from a broader perspective. Among other things, they claimed to have discovered striking incoherence in regulatory policy evidenced by varied penalty levels across different statutes, with less serious violations sometimes backed up with higher penalties than more serious violations. This paper comments on Sunstein et al.'s treatment of incoherence in regulatory policy, arguing that the same cognitive limitations that Sunstein et al. argue lead to …

Should The Victims' Rights Movement Have Influence Over Criminal Law Formulation And Adjudication?, Paul H. Robinson

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The victims' rights movement has come into increasing influence in setting criminal justice policy. What can be said about where its influence should be heeded, and where it should not? With regard to substantive criminal law in particular, should the victims' rights movement have influence over its formulation and adjudication? The short answer, on which I'll elaborate below, is that it ought to have influence over criminal law formulation but not necessarily over criminal law adjudication. It ought to have influence over criminal law formulation because there is great benefit in formulations that track shared lay intuitions of justice, and …

Review Of: The Generations Of Corning: The Life And Times Of A Global Corporation By Davis Dyer And Daniel Gross, Jeffrey J. Matthews

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This article reviews the book "The Generations of Corning: The Life and Times of a Global Corporation" by Davis Dyer and Daniel Gross.

Access To Justice For The Self-Represented Litigant: An Interdisciplinary Investigation By Designers And Lawyers (With P. Hannaford), Ronald W. Staudt

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No abstract provided.

Border Disputes: Trespass To Chattels On The Internet, Richard Warner

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No abstract provided.

Battling Breast Cancer (Review Of: The Breast Cancer Wars: Hope, Fear, And The Pursuit Of A Cure In Twentieth-Century America By Barron H. Lerner), Nancy K. Bristow

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This article reviews the book "The Breast Cancer Wars: Hope, Fear, and the Pursuit of a Cure in Twentieth-Century America" by Barron H. Lerner.

What Lawmakers Can Learn From Large-Scale Ecology, Fred P. Bosselman

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No abstract provided.

Spheres Of Autonomy: Reforming The Content Neutrality Doctrine In First Amendment Jurisprudence, Steven J. Heyman

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In recent decades, the doctrine of content neutrality has become the cornerstone of First Amendment jurisprudence. In the leading case of Police Department v. Mosley (1972), the Supreme Court declared that speech may "never" be regulated because of its content, for that would be "the essence of . . . censorship." If this view were taken literally, however, it would disable government from regulating speech even when necessary to prevent serious injury to individuals or society. In response to this concern, the Court has carved out several exceptions to the neutrality doctrine. Yet the Justices have never succeeded in explaining …

Review Of: Rooted In Barbarous Soil: People, Culture, And Community In Gold Rush California Edited By Kevin Starr And Richard J. Orsi, Douglas Cazaux Sackman

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This article reviews the book "Rooted in Barbarous Soil: People, Culture, and Community in Gold Rush California" edited by Kevin Starr and Richard J. Orsi.

Dealing With Complex Evidence Of Domestic Violence: A Primer For The Civil Bench, 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 throughout the last twenty years. The legal approaches taken to protect battered women and control family violence have brought about 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 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 …

Introduction To Erasing Lines: Integrating The Law School Curriculum, Amy E. Sloan

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Our goal at this conference is to begin the process of erasing the often artificial lines that presently exist between "doctrinal" and "skills" courses, between education focused on the acquisition of knowledge and education focused on the practical application of that knowledge. The lines that have been drawn are more a matter of perception than reality. If we were to deconstruct the pedagogical goals in both of these types of courses, we would find that they have as many similarities as they have differences.

The Jury's Role In Administering Justice In The U.S. Introduction To Saint Louis Public Law Review Jury Issue, Stephen C. Thaman

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This introduction to the special jury issue of Saint Louis University’s Public Law Review briefly discusses the Conference “Lay Participation in the Criminal Trial in the Twenty-First Century,” in which all of the contributors to this issue participated. The conference took place at the International Institute for Higher Studies in the Criminal Sciences in Siracusa, Italy from May 25-29, 1999. It also discusses select papers and perspectives on the American jury system published in this issue of the journal.

How I Learned To Stop Worrying And Love The Pill: Adaptive Responses To Takeover Law, Marcel Kahan, Edward B. Rock

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No abstract provided.

Thoughts On Dastar From A Copyright Perspective: A Welcome Step Toward Respite For The Public Domain, Lynn Mclain

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Though other questions remain unresolved and other leaks unstemmed, Dastar is a welcome step towards regaining the public domain, and towards establishing that the confines of the public domain, with regard to nondeceptive reproduction of public domain works, and preparation of derivative works based upon them, must be delimited by only the copyright and patent laws.

This article will provide a background discussion of the copyright and patent schemes and their delineation of the public domain. It then will discuss the role of trademark law in that balance, and some of the case law regarding both § 43 of the …

Realspace Sovereigns In Cyberspace: Problems With The Anticybersquatting Consumer Protection Act, Catherine T. Struve, R. Polk Wagner

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No abstract provided.

''Step On A Crack, Break Your Mother's Back'': Poor Moms, Myths Of Authority, And Drug-Related Evictions From Public Housing, Regina Austin

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No abstract provided.

Venture Capital On The Downside: Preferred Stock And Corporate Control, William W. Bratton

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No abstract provided.

Liberal Ideals And Political Feasibility: Guest-Worker Programs As Second-Best Policies, Howard F. Chang

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No abstract provided.

Uncontrollable Urges And Irrational People, Stephen J. Morse

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No abstract provided.

Don't Abandon The Model Penal Code Yet! Thinking Through Simons's Rethinking, Kimberly Kessler Ferzan

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No abstract provided.

Lawyers On The Auction Block: Evaluation And Selection Of Class Counsel By Auction, Jill E. Fisch

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The lead counsel auction has attracted increasing attention. Auction advocates argue that auctions introduce competitive market forces that improve the selection and compensation of class counsel. The benefits of the auction, the;' claim, include lower legal fees and better representation. Careful scrutiny reveals that auction advocates have overlooked substantial methodological problems with the design and implementation of the lead counsel auction. Even if these problems were overcome, the auction procedure is flawed: Auctions are poor tools for selecting firms based on multiple criteria, compromise the judicial role, and are unlikely to produce reasonable fee awards. Although the existing record is …

Law And Justice In The Twenty-First Century, Geoffrey C. Hazard Jr.

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No abstract provided.

Reconsidering Estoppel: Patent Administration And The Failure Of Festo, R. Polk Wagner

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Last Term, in Festo Corporation v. Shoketsu Kinzoku Kogyo Kabashuki Co., the United States Supreme Court missed perhaps the most important opportunity for patent law reform in two decades. At the core of the failure to grasp the implications of "prosecution history estoppel" - a judicially-crafted principle limiting the enforceable scope of patents based on acts occurring during their application process - is the heretofore universal (but ultimately unsupportable) view of the doctrine as an arbitrary ex post limitation on patent scope. This Article demonstrates the serious flaws in this traditionalist approach, and develops a new theory of prosecution history …

Enron And The Dark Side Of Shareholder Value, William W. Bratton

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No abstract provided.

Welfare Reform And Families In The Child Welfare System, Morgan B. Ward Doran, Dorothy E. Roberts

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No abstract provided.