Digital Commons Network^™

Doing Without Speed Limits, Cass R. Sunstein, Robert E. King

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No abstract provided.

From Consumer Sovereignty To Cost-Benefit Analysis: An Incompletely Theorized Agreement, Cass R. Sunstein

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No abstract provided.

Is The Clean Air Act Unconstitutional?, Cass R. Sunstein

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No abstract provided.

Must Formalism Be Defended Empirically ?, Cass R. Sunstein

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No abstract provided.

Professors And Politics, Cass R. Sunstein

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No abstract provided.

Confusion About Custom: Disentangling Informal Customs From Standard Contractual Provisions, Richard A. Epstein

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No abstract provided.

Regulatory Protectionism And The Law Of International Trade, Alan O. Sykes

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A wide array of policy instruments can protect domestic firms against foreign competition. Regulatory measures that raise the costs of foreign firms relative to domestic firms are exceptionally wasteful protectionist devices, however, with deadweight costs that can greatly exceed those of traditional protectionist instruments such as tariffs and quotas. This Article develops the welfare economics of regulatory protectionism and a related political economy analysis of the national and international legal systems that must confront it, including the WTO, the NAFTA, the European Union, and the United States federal system. It explains why regulatory measures that serve no purpose other than …

Java And Microsoft: How Does The Antitrust Story Unfold?, Daniel J. Gifford

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RAPID developments in the software industry underlie both the Gov ernment's antitrust proceedings against the Microsoft Corporation 1 and the lawsuit brought by Sun Microsystems, Inc. ("Sun") against Microsoft in which Sun is asserting claims grounded in breach of contract, trademark infringement and unfair competition. 2 In October 1997, the Government challenged the Microsoft Corporation's right to bundle its internet browser (the Microsoft Internet Explorer 4.0) with its Windows 95 operating system. 3 That proceeding was brought as a request for an order to show cause why Microsoft should not be held in contempt for violating a consent decree ending …

Prosecuting Race, Anthony V. Alfieri

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Theoreticians and practitioners in the American criminal justice system increasingly debate the role of racial identity, racialized narratives, and race-neutral representation in law, lawyering, and ethics.

This debate holds special bearing on the growing prosecution and defense of acts of racially motivated violence. In this continuing investigation of the prosecution and defense of such violence, Professor Alfieri examines the recent federal prosecution of five white New York City police officers charged with assaulting Abner Louima, a young male Haitian immigrant, in 1997. Professor Alfieri presents a race conscious, community-oriented model of prosecutorial discretion guided by constitutional precepts, citizenship ideals, professionalism …

Enforcing Family Promises: Reliance, Reciprocity, And Relational Contract, Melanie B. Leslie

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Courts are willing, in commercial contexts, to enforce promises even without consideration when enforcement supports a norm of reciprocity-a norm which recognizes that promises are seldom totally gratuitous, but are often made in furtherance of reciprocal, long-term, trust-based relationships. In this article, Professor Leslie argues that relational contract principles are firmly embedded in wills law. Courts enforce the reciprocity norm in the family context just as they do in commercial contexts; this enforcement is seen, however, not in breach of promise suits, which occur rarely between family members, but rather in will contests. Despite the prevalent ideology of wills law, …

Judicial Review, Michael Herz

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No abstract provided.

Goodbye To Hammurabi: Analyzing The Atavistic Appeal Of Restorative Justice Prosecuting Violence: A Colloquy On Race, Community, And Justice, Richard Delgado

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No abstract provided.

From Special Privilege To General Utility: A Continuation Of Willard Hurst's Study Of Corporations, Susan Pace Hamill

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No abstract provided.

The New Legal Process: Games People Play And The Quest For Legitimate Judicial Decision Making, Ronald J. Krotoszynski Jr.

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No abstract provided.

Equal Justice Under Law: The Jurisprudential Legacy Of Judge Frank M. Johnson, Jr. Tribute, Ronald J. Krotoszynski Jr.

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No abstract provided.

Recalibrating The Cost Of Harm Advocacy: Getting Beyond Brandenburg, S. Elizabeth Wilborn Malloy, Ronald J. Krotoszynski Jr.

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No abstract provided.

Of Governments And Governance, A. Michael Froomkin

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The Magaziner Report focuses on achieving short-term goals without giving sufficient consideration to long-term consequences affecting the structure of Internet governance and democracy in general. This overly pragmatic approach creates a paradoxical climate: overly-friendly to government intervention (in e-commerce regulation) while also overly willing to defer to privatized governance structures (in other areas). As the recent World Intellectual Property Organization ("WIPO") domain name/trademark process demonstrates, certain Internet governance processes raise several questions, not least discerning whether such processes include adequate notice and consultation. More traditional democratic processes, such as legislation and regulation, have routinized means of giving affected parties notice …

. . . And The Invention Of The Future Tense, John W. Reed

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This is the last session of the last meeting of the International Society of Barristers in the 1900s. Though the Third Millennium technically does not begin until 2001, the turn of the "odometer" from 1999 to 2000 leads us all to think of this as the end of a century and of a millennium. The pivotal date is yet ten nonths away, but the pundits are already issuing their lists, both profound and trivial-the greatest inventions, the best books, the worst natural catastrophes, the trial or tile century (of which there are at least a half dozen), the most influential …

Still Adjusting To Markman: A Prescription For The Timing Of Claim Construction Hearings, William F. Lee, Anita K. Krug

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This Article argues that, in most cases, there is an optimal time for holding the Markman hearing.

Part II provides a short summary of both the Federal Circuit's holding in Markman and the rationale behind the Supreme Court's affirmance of that holding. It then delves into the predictable effects of Markman, as well as into the maze of questions that the decision has engendered and the ways in which the district courts have answered those questions.

Part III discusses the issue of the timing of claim construction hearings, presenting at the outset the possible alternatives. It argues that holding …

Deterrence And Distribution In The Law Of Takings, Michael A. Heller, James E. Krier

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Supreme Court decisions over the last three-quarters of a century have turned the words of the Takings Clause into a secret code that only a momentary majority of the Court is able to understand. The Justices faithfully moor their opinions to the particular terms of the Fifth Amendment, but only by stretching the text beyond recognition. A better approach is to consider the purposes of the Takings Clause, efficiency and justice, and go anew from there. Such a method reveals that in some cases there are good reasons to require payment by the government when it regulates property, but not …

The Cutting Edge Of Poster Law, Michael A. Heller

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Students place tens of thousands of posters around law schools each year in staircases, on walls, and on bulletin boards. Rarely, however, do formal disputes about postering arise. Students know how far to go-and go no farther despite numerous avenues for postering deviance: blizzarding, megasigns, commercial or scurrilous signs. What is the history of poster law? What are its norms and rules, privileges and procedures? Is poster law effident? Is it just?

Chain Gangs, Boogeymen And Other Real Prisons Of The Imagination, Lisa Kelly

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This narrative is a fictionalized account of real legal, historical, and interpersonal issues rooted in the social construction of race.

Managing State Trust Lands For Ecosystem Health: The Case Of Washington State's Range And Agricultural Lands, Gregory A. Hicks

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The protection of ecosystem health and wildlife habitat on state trust lands has received increasing attention in public lands literature. This article is meant to contribute to that discussion. It is focused on recently adopted land management policies in Washington state which are intended to restore ecosystem health and wildlife habitat on the 1.1 million acres of range and agricultural trust lands in the upland interior of the state's Columbia Plain. The lands in question are lands originally granted to Washington at statehood by the federal government for the support of the common schools and other public institutions. Those lands …

What Law Librarians Collect, Frank Houdek, Penny A. Hazelton

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Law librarians describe their personal collections—what they collect for fun, not for their libraries.

Penny Hazelton's contribution, Postage Stamps, begins on page 601.

Federalism In The Era Of International Standards: Federal And State Government Regulation Of Merchant Vessels In The United States (Part Iii), Craig H. Allen

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No abstract provided.

The Hedgehog And The Fox: Distinguishing Public And Private Sector Approaches To Managing Risk For Internet Transactions, Jane Kaufman Winn

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In his essay The Hedgehog and the Fox, Isaiah Berlin used an ancient Greek proverb comparing these animals as a metaphor to express a deep division among thinkers and writers in their understanding of the human condition. In this essay, I extend the metaphor to contrast the differing approaches to risk management taken by the public sector in the exercise of its sovereign functions and that taken by members of the private sector in the conduct of commercial transactions. In light of the differences in these basic approaches to questions of risk management, I will evaluate some widely discussed …

Family Law And Gay And Lesbian Family Issues In The Twentieth Century, David L. Chambers, Nancy D. Polikoff

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Over these thirty years, lesbians and gay men have increasingly challenged conventional definitions of marriage and the family. In this brief article, we tell the story of gay people and family law in the United States across this period. We divide our discussion into two sections: issues regarding the recognition of the same-sex couple relationship and issues regarding gay men and lesbians as parents. These issues overlap, of course, but since family law discussions commonly treat adult-adult issues of all sorts separately from parent-child issues, we believe it convenient and helpful to do so as well.

Justification By Faith, Carl E. Schneider

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In June 1997 a sixteen-year-old girl named Shannon Nixon began to feel ill. Her parents belonged to the Faith Tabernacle Church, one of a number of American sects which believe that illness should be treated spiritually rather than medically. Accordingly, the Nixons prayed for Shannon and took her to be anointed at their church. Shannon reported that she felt better and that the spiritual treatment had gained her her victory-her recovery. Before long, however, Shannon again felt ill. She became weaker and weaker and then fell into a coma. A few hours later she died. An autopsy revealed that she …

Sincere And Strategic Voting Norms On Multimember Courts, Evan H. Caminker

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In appellate adjudication, decisions are rendered by a multimember court as a collective entity, not by individual judges. Yet legal scholars have only just begun to explore the formal and informal processes by which individual votes are transformed into a collective judgment.' In particular, they have paid insufficient attention to the ways in which the vote of each individual judge is influenced by the views of her colleagues on a multimember court.

Review: Murphy's Law, Arthur Jacobson

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No abstract provided.