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The Internet Changes Everything: Revolutionizing Public Participation And Access To Government Information Through The Internet, Stephen M. Johnson Jan 1998

The Internet Changes Everything: Revolutionizing Public Participation And Access To Government Information Through The Internet, Stephen M. Johnson

Articles

The internet holds great promise when agencies affirmatively use it to solicit public in- put during initial policy development in either notice and comment rule- making, or in the initial development of interpretive rules, guidelines, or policies. The Clinton administration has embraced such a vision. Many federal agencies actively use the Internet to disseminate government information and solicit public input on important policy matters. This Article explores the manner in which the Internet and similar technological innovations can be, and are being, used to expand public access to government information and to increase public participation in all forms of agency …


Reflecting On The Subject: A Critique Of The Social Influence Conception Of Deterrence, The Broken Windows Theory, And Order-Maintenance Policing New York Style, Bernard E. Harcourt Jan 1998

Reflecting On The Subject: A Critique Of The Social Influence Conception Of Deterrence, The Broken Windows Theory, And Order-Maintenance Policing New York Style, Bernard E. Harcourt

Articles

No abstract provided.


Bankruptcy's Uncontested Axioms, Douglas G. Baird Jan 1998

Bankruptcy's Uncontested Axioms, Douglas G. Baird

Articles

No abstract provided.


The Internet And The Abiding Significance Of Territorial Sovereignty, Jack L. Goldsmith Jan 1998

The Internet And The Abiding Significance Of Territorial Sovereignty, Jack L. Goldsmith

Articles

No abstract provided.


Pennsylvania Coal V. Mahon: The Erratic Takings Jurisprudence Of Justice Holmes, Richard A. Epstein Jan 1998

Pennsylvania Coal V. Mahon: The Erratic Takings Jurisprudence Of Justice Holmes, Richard A. Epstein

Articles

No abstract provided.


Taxes As Ballots, Saul Levmore Jan 1998

Taxes As Ballots, Saul Levmore

Articles

No abstract provided.


Foreword: The Internet And Shasta County, Lisa Bernstein Jan 1998

Foreword: The Internet And Shasta County, Lisa Bernstein

Articles

No abstract provided.


Pennsylvania Coal V. Mahon: The Erratic Takings Jurisprudence Of Justice Holmes, Richard A. Epstein Jan 1998

Pennsylvania Coal V. Mahon: The Erratic Takings Jurisprudence Of Justice Holmes, Richard A. Epstein

Articles

No abstract provided.


Why It's Not Free Speech Versus Fair Trial, David A. Strauss Jan 1998

Why It's Not Free Speech Versus Fair Trial, David A. Strauss

Articles

No abstract provided.


Professionalisms, Richard A. Posner Jan 1998

Professionalisms, Richard A. Posner

Articles

No abstract provided.


Against Constitutional Theory, Richard A. Posner Jan 1998

Against Constitutional Theory, Richard A. Posner

Articles

In this Madison Lecture, Chief Judge Posner advocates a pragmatic approach to constitutional decisionmaking, criticizing constitutional theorists who conceal their normative goals in vague and unworkable principles of interpretation. After discussing specific constitutional theories as well as the legal academy's increasing reliance on theory in genera Posner demonstrates the ineffectuality of constitutional theory, using the Supreme Court's decisions in United States v. Virginia and Romer v. Evans as examples. He argues not that these cases were necessarily wrongly decided, but that the opinions lack the empirical support that is crucial to sound constitutional adjudication. Posner urges law professors to focus …


Justice Harry A. Blackmun And The Responsibility Of Judging, Diane P. Wood Jan 1998

Justice Harry A. Blackmun And The Responsibility Of Judging, Diane P. Wood

Articles

No abstract provided.


Lawyers And Confidentiality, Daniel R. Fischel Jan 1998

Lawyers And Confidentiality, Daniel R. Fischel

Articles

No abstract provided.


The Race To Innocence: Confronting Hierarchical Relations Among Women, Mary Louise Fellows, Sherene Razack Jan 1998

The Race To Innocence: Confronting Hierarchical Relations Among Women, Mary Louise Fellows, Sherene Razack

Articles

No abstract provided.


United States V. O'Hagan: Agency Law And Justice Powell's Legacy For The Law Of Insider Trading, Adam C. Pritchard Jan 1998

United States V. O'Hagan: Agency Law And Justice Powell's Legacy For The Law Of Insider Trading, Adam C. Pritchard

Articles

The law of insider trading is judicially created; no statutory provision explicitly prohibits trading on the basis of material, non-public information. The Supreme Court's insider trading jurisprudence was forged, in large part, by Justice Lewis F. Powell, Jr. His opinions for the Court in United States v. Chiarella and SEC v. Dirks were, until recently, the Supreme Court's only pronouncements on the law of insider trading. Those decisions established the elements of the classical theory of insider trading under § 10(b) of the Securities Exchange Act of 1934 (the "Exchange Act"). Under this theory, corporate insiders and their tippees who …


Informational Regulation And Informational Standing: Akins And Beyond, Cass R. Sunstein Jan 1998

Informational Regulation And Informational Standing: Akins And Beyond, Cass R. Sunstein

Articles

No abstract provided.


Federal Courts And The Incorporation Of International Law, Jack L. Goldsmith, Curtis A. Bradley Jan 1998

Federal Courts And The Incorporation Of International Law, Jack L. Goldsmith, Curtis A. Bradley

Articles

No abstract provided.


The Internet And The Abiding Significance Of Territorial Sovereignty, Jack L. Goldsmith Jan 1998

The Internet And The Abiding Significance Of Territorial Sovereignty, Jack L. Goldsmith

Articles

No abstract provided.


Against Cyberanarchy, Jack L. Goldsmith Jan 1998

Against Cyberanarchy, Jack L. Goldsmith

Articles

No abstract provided.


Women, Morality, And Sexual Orientation, Mary E. Becker Jan 1998

Women, Morality, And Sexual Orientation, Mary E. Becker

Articles

In this Article, Professor Becker argues that heterosexual relationships are more problematic for women than lesbian relationships, particularly when such relationships are viewed in terms of their tendency to objectify the "other." She discusses how current "moral" norms concerning the inferiority of homosexuality to heterosexuality enable men to use women in immoral and subordinating ways. She explores moral taboos against lesbian relationships and asserts that these taboos facilitate heterosexual male exploitation of women's sexuality by obscuring from some women the possibility that they might prefer more equitable relationships with women rather than with men. She argues for greater acceptance of …


The Stein Years--A Time Of Advancement And Prosperity, Edward S. Adams Jan 1998

The Stein Years--A Time Of Advancement And Prosperity, Edward S. Adams

Articles

When the seven-year administrationof the school's sixth dean,CarlA Auerbach,ended,thenewLawSchoolbuildinghad become a reality, and Dean Auerbach's principal goal was achieved. As Auerbachpassedthe torchto RobertA Stein, how- ever, he did so amid controversy and widespreadfrustration at the Law School with the legislatureregardingbudgets and class size. Stein,atageforty,wasyoung,energetic,andableto achieve the balanceofwhatDeanAuerbach termed "scholarlyattainment with administrativesavvy." As Stein ascended to the ranks of what he describedas "thebest law school deanshipopportunity in the country,"' he was unanimously viewed as an "extremely ener- getic, enthusiasticand responsive man. 2 Chosen because he was perceived by both faculty members and administratorsalike as an open, easygoingperson who was able to …


Law Firms On The Big Board?: A Proposal For Nonlawyer Investment In Law Firms, Edward S. Adams, John H. Matheson Jan 1998

Law Firms On The Big Board?: A Proposal For Nonlawyer Investment In Law Firms, Edward S. Adams, John H. Matheson

Articles

Every state has a rule proscribing nonlawyer investment in law firms. This sixty-plus-year-old prohibition has created an inefficient legal services market. Firms cannot access capital markets, limiting their opportunities for expansion, curtailing investments in technology and training, and hindering competition. Furthermore, every jurisdiction except the District of Columbia prohibits lawyers from entering into a business association with nonlawyers as partners or directors if the business provides legal services. These prohibitions against nonlawyer investment and participation in law firms have long hindered the legal profession with no signs of change. This Article advocates that these prohibitions be lifted. It discusses the …


An Analysis Of The Forty-Ninth Session Of The United Nations Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, David Weissbrodt, Shinobu Garrigues, Roman Kroke Jan 1998

An Analysis Of The Forty-Ninth Session Of The United Nations Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, David Weissbrodt, Shinobu Garrigues, Roman Kroke

Articles

The United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities convened its 49th Session from August 4 through August 29, 1997, in Geneva, Switzerland. 1 Under the authority of the U.N. Charter, the Economic and Social Council (ECOSOC) established the Sub-Commission in 1947 as a subsidiary body of the Commission on Human Rights. 2 ECOSOC also created two other sub-commissions at the same time, one to focus on women's rights 3 and the other to deal with freedom of information and freedom of the press. 4 The original mandate of the Sub-Commission was to recommend standards in pursuit …


Brief Summary Of The 50th Session Of The United Nations Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, David Weissbrodt, Mayra Gomez, Bret Thiele Jan 1998

Brief Summary Of The 50th Session Of The United Nations Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, David Weissbrodt, Mayra Gomez, Bret Thiele

Articles

The United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities (Sub-Commission) met in Geneva, Switzerland, from 3 to 28 August 1998 for its fiftieth session.' The Sub-Commission is a subsidiary body of the Commission on Human Rights (Commission). It is composed of 26 members who are nominated by their respective governments and elected to staggered four-year terms by the Commission. Under the principle of geographic distribution, the Sub-Commission has seven members from Africa, five from Latin America, five from Asia, three from Eastern Europe, and six from Western Europe and Other (including Australia, Canada, New Zealand, and the …


Electroanalysis Using Differential Pulse Methods At A Microelectrode, Enda Howard, John Cassidy, John O'Gorman Jan 1998

Electroanalysis Using Differential Pulse Methods At A Microelectrode, Enda Howard, John Cassidy, John O'Gorman

Articles

This communication characterises the differential pulse voltammetric response of ultramicroelectrodes in connection with two different models


The Empire Strikes Back, A. Michael Froomkin Jan 1998

The Empire Strikes Back, A. Michael Froomkin

Articles

No abstract provided.


Some Examples Of Using Legal Relations Language In The Legal Domain: Applied Deontic Logic, Layman E. Allen Jan 1998

Some Examples Of Using Legal Relations Language In The Legal Domain: Applied Deontic Logic, Layman E. Allen

Articles

The fundamental concept of the LEGAL RELATIONS Language (LRL) is the recursively-defined notion of LEGAL RELATION (LR). As LR is defined here, there is an infinite number of different LEGAL RELATIONS, and LRL is a language for precisely and completely describing each of those infinite number of dfferent LEGAL RELATIONS. With its robust collection of dfferent names, one for each of the different LEGAL RELATIONS, LRL provides adequate vocabulary for (1) describing every possible legal state of affairs, (2) accounting for every possible change from one legal state of affairs to another, (3) representing every possible legal rule, and (4) …


Economic Analysis Of Evidentiary Law: An Underused Tool, An Underplowed Field (Symposium: The Economics Of Evidentiary Law), Richard D. Friedman Jan 1998

Economic Analysis Of Evidentiary Law: An Underused Tool, An Underplowed Field (Symposium: The Economics Of Evidentiary Law), Richard D. Friedman

Articles

The law and economics movement has had a major impact on many areas of law, but rather little on the law of evidence. This is not to say that there have been no attempts to analyze evidentiary issues through an economic lens,' but such efforts are far more scattered in evidence than in other legal fields, including the closely related one of civil procedure.2 Believing that economics has value for evidentiary analysis, I suggested to the Executive Committee and Advisory Board of the Evidence Section of the Association of American Law Schools ("AALS"), when I was chairman of the section, …


A Populist Critique Of Direct Democracy, Sherman J. Clark Jan 1998

A Populist Critique Of Direct Democracy, Sherman J. Clark

Articles

It is often assumed that direct democratic processes - referenda and initiatives - offer the people a chance to speak more clearly than is possible through representative processes. Courts, commentators, and political leaders have defended or described direct democratic outcomes as the voice of the "people themselves." Because plebiscites allow the people to speak directly, without the potential distortion inherent in representation, they seem ideally responsive to popular will. Indeed, even critics of direct democracy appear to grant as much. Critics are quick to point out, of course, that actual plebiscites often fall far short of the ideal. Uneven voter …


Update: American Public Opinion On The Death Penalty - It's Getting Personal (Symposium: How The Death Penalty Works: Empirical Studies Of The Modern Capital Sentencing System), Samuel R. Gross Jan 1998

Update: American Public Opinion On The Death Penalty - It's Getting Personal (Symposium: How The Death Penalty Works: Empirical Studies Of The Modern Capital Sentencing System), Samuel R. Gross

Articles

Americans' views on capital punishment have stabilized. In 1994, when Professor Phoebe Ellsworth and I published a review of research on death penalty attitudes in the United States,' we began by noting that "support for the death penalty [is] at a near record high."'2 That finding, like most of the others we reported, has not changed. Nonetheless, it is interesting to pause and review the data on public opinion on the death penalty that have accumulated over the past several years. Stability is less dramatic than change but it may be equally important, and there is some news to report. …