Digital Commons Network^™

Default Rules In Sales And The Myth Of Contracting Out, James J. White

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In this article, I trace the dispute in the courts and before the ALI and NCCUSL over the proper contract formation and interpretation default rules. In Part II, I consider the Gateway litigation. In Part III, I deal with UCITA and the revision to Article 2. In Part IV, I consider the merits of the competing default rules.

The Writings Of John Barker Waite And Thomas Davies On The Search And Seizure Exclusionary Rule, Yale Kamisar

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After browsing through many volumes of the Michigan Law Review, searching for the article I would discuss on the occasion of the law review's 100th anniversary, I wound up with two "finalists": a 1955 article by Professor John Barker Waite on the law of arrest search and seizure (on further reflection, four Michigan Law Review commentaries on the general subject written by Waite between 1933 and 1955)' and a monumental 200-page article (surely one of the longest articles ever to appear in the Michigan Law Review) by Thomas Davies on the "original Fourth Amendment. 2

Data-Efficient Methods Applied To General Spectral Image Capture, Mitchell Rosen, Francisco Imai, Mark Fairchild

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Commercialization of spectral imaging for color reproduction will require low bandwidth but highly accurate spectral image acquisition systems. Self-adapting systems are proposed as potential solutions. Such systems perform spectral content analysis on an encountered scene, reacting to the analysis by configuring efficient high quality spectral reconstruction. An experiment is reported comparing scene-derived spectral estimation transforms to static global transforms in multi-channel imaging simulations. For noisefree simulations, the adaptive approach showed clear benefit in terms of colorimetric and spectral statistics. When noise was added, the adaptive method continued to be superior in terms of spectral evaluations, but colorimetric degradation for the …

De-Bugging Open Source Software Licensing, Robert W. Gomulkiewicz

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Home computer users and businesses often rely on software developed by unconventional programmers known as "hackers." Hackers claim that the code they develop is superior in quality to the code developed by commercial software firms because hackers freely share the code they develop. This code sharing enables a multitude of programmers from around the world to rapidly find and fix bugs. The legal mechanism that enables hackers to deploy this worldwide team of de-buggers is a license agreement or, to be more precise,an assortment of license agreements known as "open source" licenses.

Although open source software developers may regularly fix …

Agency Rules With The Force Of Law: The Original Convention, Thomas W. Merrill, Kathryn Tongue Watts

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The Supreme Court recently held in United States v. Mead Corp. that agency interpretations should receive Chevron deference only when Congress has delegated power to the agency to make rules with the force of law and the agency has rendered its interpretation in the exercise of that power.

The first step of this inquiry is difficult to apply to interpretations adopted through rulemaking, because often rulemaking grants authorize the agency to make "such rules and regulations as are necessary to carry out the provisions of this chapter" or words to that effect, without specifying whether "rules and regulations" encompasses …

Initiation Of Apoptosis In Cells Exposed To Medium From The Progeny Of Irradiated Cells: A Possible Mechanism For "Bystander" Induced Genomic Instability., Fiona Lyng, B. Maguire, B. Mcclean, C. Seymour, Carmel Mothersill

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Much evidence now exists regarding radiation-induced bystander effects, but the mechanisms involved in the transduction of the signal are still unclear. The mitogen-activated protein kinase (MAPK) pathways have been linked to growth factor-mediated regulation of cellular events such as proliferation, senescence, differentiation and apoptosis. Activation of multiple MAPK pathways such as the ERK, JNK and p38 pathways have been shown to occur after exposure of cells to radiation and a variety of other toxic stresses. Previous studies have shown oxidative stress and calcium signaling to be important in radiation-induced bystander effects. The aim of the present study was to investigate …

Teaching The Media In Ireland, Brian O'Neill, Helen Howley

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This chapter presents an outline of the context, provision and future prospects for Media Education in Ireland with particular reference to the junior secondary cycle. The research, carried out by as part of the Euromedia Project, was co-ordinated by the School of Media, Technological University Dublin and was carried out between January and June 2001. To date, little if any formal research has been carried on provisions for media education in Ireland. O’Halloran (1992) and Lynskey (1990) both identified the need and proposed methodologies for media education in Irish primary and secondary curricula respectively and O’Neill (2000) describes the historical …

The Random Muse: Authorship And Indeterminacy, Alan L. Durham

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No abstract provided.

An Argument For Tax Reform Based On Judeo-Christian Ethics, Susan Pace Hamill

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This article applies the moral principles of JudeoChristian ethics as a basis for urging the citzens of Alabama to insist that the state and local tax structure be reformed This article first empirically documents that Alabamas state and local tax structure harshly burdens the poorest Alabamians through regressive income and sales taxes This article then proves that Alabamas lowest property taxes per capita in the nation leaves the state and local governments unable to fund minimum needs such as education thereby denying the poorest Alabamians a minimum opportunity to improve their lives An original empirical study of the relative property …

Bridging The Gap Between International Law And Foreign Policymaking, Daniel H. Joyner

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No abstract provided.

Childproofing The Internet First Amendment Discussion Forum, Ronald J. Krotoszynski Jr.

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No abstract provided.

After Be & K: The Difficult Constitutional Question Of Defining The First Amendment Right To Petition Courts, Carol Rice Andrews

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No abstract provided.

How Extra-Copyright Protection Of Databases Can Be Constitutional, Justin Hughes

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Following the Supreme Court's 1991 Feist decision, intellectual property and Constitutional law scholars have debated whether extra-copyright protection of databases can be established by Congress under its Commerce Clause power. This article presents the problem as one of the gravitational zone of the Commerce Clause versus that of the Copyright and Patent Clause. The article reasons that the Supreme Court decisions in International News Service v. Associated Press, Zacchini v. Scripps-Howard, and the 19th century Trademark Cases all point to the possibility of limited protection of databases under the Commerce Clause. The Article also considers the constitutionality of extra-copyright protection …

Surcharge And Standing: Bankruptcy Code Section 506(C) After Hartford Underwriters, David G. Carlson

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The Supreme Court's decision in Hartford Underwriters Insurance Co. v. Union Planters Bank, N.A., which limited standing under 11 U.S.C. § 506(c) to bankruptcy trustees, fails to conclusively resolve the issue of who can bring such claims. The ruling creates legal complexities, as it does not fully address ownership of the proceeds or provide clear guidance, leading to potential workarounds by secured creditors and trustees. The article argues that the decision may be circumvented, and the current framework for handling § 506(c) claims remains unsatisfactory, necessitating further legislative or judicial clarification.

Intergroup Rivalry, Anti-Competitive Conduct And Affirmative Action, Michelle Adams

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Significant research in social science describes racial inequality as grounded in notions of group identity and group conflict. Sociologists and social psychologists who study discrimination and prejudice have moved away from theories that explain prejudice solely as a problem of individual perception, and toward theories that view individual cognitive processes as related to group membership. While present social science yields no consensus view, there is a striking emphasis in the current literature on group identity theories as "powerful determinants of behavior." These theories, which stress the importance of prejudice as a group-based phenomenon and focus on "social-structural theories of group …

Barely At The Margins: Race And Ethnicity In Legal Education -- A Curricular Study With Latcritical Commentary, Francisco Valdes

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No abstract provided.

Icann's "Uniform Dispute Resolution Policy"- Causes And (Partial) Cures, A. Michael Froomkin

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No abstract provided.

The"Grand Prince" (Belize V. France).Judgment. Itlos Case No. 8. At'. International Tribunal For The Law Of The Sea, April 20, 2001., Bernard H. Oxman, Vincent P. Bantz

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No abstract provided.

"We're All Consultants Now": How Change In Client Organizational Strategies Influences Change In The Organization Of Corporate Legal Services, Robert Eli Rosen

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No abstract provided.

A Blackletter Statement Of Federal Administrative Law, Ronald M. Levin, Paul R. Verkuil, John F. Duffy, Michael E. Herz

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No abstract provided.

Evaluating The Sex Discrimination Argument For Lesbian And Gay Rights, Edward D. Stein

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The sex discrimination argument for lesbian and gay rights analyzes laws that discriminate on the basis of sexual orientation in terms of sex discrimination. For example, sodomy laws that prohibit only same-sex sexual activities are analyzed as discriminating on the basis of sex because they prohibit women from doing something men are permitted to do, that is, have sex with women. This argument has been championed by some scholars and litigators, and it has persuaded some judges. Edward Stein shows that there are sociological, theoretical, moral, and practical problems facing the sex discrimination argument. He suggests that there are better …

What's Special About Meditation? Contemplative Practice For American Lawyers, William S. Blatt

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No abstract provided.

Enron And The Dark Side Of Shareholder Value, William Wilson Bratton

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This Article addresses the implications that the Enron collapse holds out for the self-regulatory system of corporate governance. The case shows that the incentive structure that motivates actors in the system generates much less powerful checks against abuse than many observers have believed. Even as academics have proclaimed rising governance standards, some standards have declined, particularly those addressed to the numerology of shareholder value. The Article's inquiry begins with Enron's business plan. The Article asserts that there may be more to Enron’s "virtual firm" strategy than meets the eye beholding a firm in collapse. The Article restates the strategy as …

The Economic Analysis Of Evidence Law: Common Sense On Stilts, Richard O. Lempert

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There was a time when the empire of Law was not overrun by economists. The economists had their own fiefdoms to be sure-there was the Duchy of Antitrust and the Kingdom of Regulatory Law-but the economists lived in peace within these borders, welcoming many unlike themselves into their midst, only gently proselytizing their students in the first few classes of a term, and swearing fealty to the law. It is true that a few marauders from beyond the borders saw the wealth of the empire and sought to colonize it, but even the most daring, Archbishop Coase and Duke Gary …

Europe In America: Grammatology, Legal Studies, And The Politics Of Transmission, Peter Goodrich

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This Essay begins by analyzing the way American legal theory has failed to adequately address the challenges and insights of grammatology, the philological critique of the language of law initiated with Jacques Derrida's work Of Grammatology. Professor Goodrich traces the form that this failed confrontation took and then outlines how this philological critique ought to inform a study of law. Importantly for Professor Goodrich, the grammatological approach to law provides ways of analyzing not just the written legal text, but also the effects of new media technologies on the law more broadly. The changes in the law brought about by …

Evaluating The Sex Discrimination Argument For Lesbian And Gay Rights, Edward D. Stein

Articles

The sex discrimination argument for lesbian and gay rights analyzes laws that discriminate on the basis of sexual orientation in terms of sex discrimination. For example, sodomy laws that prohibit only same-sex sexual activities are analyzed as discriminating on the basis of sex because they prohibit women from doing something men are permitted to do, that is, have sex with women. This argument has been championed by some scholars and litigators, and it has persuaded some judges. Edward Stein shows that there are sociological, theoretical, moral, and practical problems facing the sex discrimination argument. He suggests that there are better …

College Students’ Perceptions Of The C-Print Speech-To-Text Transcription System, Lisa B. Elliot, Michael Stinson, Barbara G. Mckee, Victoria S. Everhart, Pamela J. Francis

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C-Print is a real-time speech-to-text transcription system used as a support service with deaf students in mainstreamed classes. Questionnaires were administered to 36 college students in 32 courses in which the C-Print system was used in addition to interpreting and notetaking. Twenty-two of these students were also interviewed. Questionnaire items included student ratings of lecture comprehension. Student ratings indicated good comprehension with C-Print, and the mean rating was significantly higher than that for understanding of the interpreter. Students also rated the hard-copy printout provided by C-Print as helpful, and they reported that they used these notes more frequently than the …

The Symbiosis Of Constitutionalism And Technology, John O. Mcginnis

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Technology does not change the essential problems that constitutionalism seeks to address because these problems are rooted in the enduring nature of man. Technological change, however, can transform man's environment. A different environment, in turn, may require substantially modified forms of constitutionalism even if the underlying objectives remain constant. As the great political philosopher Edmund Burke recognized, the key to sound structures of governance in every age and place is to understand the intersection of man's enduring nature with his particular circumstances. Because technology increasingly shapes the circumstances of modem man, technology is becoming progressively more important to constitutionalism.

Citizen Participation In Judicial Decision Making: Juries, Lay Judges And Japan, Richard O. Lempert

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In the late 1920s and 1930s Japan had a jury system. It was suspended in 1943 as a wartime measure, but it had fallen into desuetude long before that. Arguably it was like the Spanish jury, which has several times risen during periods of relative political liberalism or populism and been suppressed during periods of militarism and autocracy. That is, it may be more than a coincidence that use of the Japanese jury fell precipitously during the 1930s as militarism took hold of the Japanese nation. Now the reinstatement of the Japanese jury is again being seriously considered. Similarly it …

The Rule Of Law And The Legitimacy Of Constitutional Democracy, Michel Rosenfeld

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The rule of law is a foundational principle of constitutional democracy, requiring the state to govern through publicly promulgated laws, separate legislative and adjudicative functions, and ensure accountability for all. While the rule of law is essential for legitimate governance, its meaning and implementation remain contested, varying significantly across legal traditions such as the Anglo-American rule of law, German Rechtsstaat, and French état de droit. The article argues that while the rule of law in its narrow sense—emphasizing legal predictability and procedural fairness—is insufficient for legitimate constitutional democracy, it must also incorporate democratic accountability and substantive rights protection to address …