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Deception, Self-Deception, And Myth: Evaluating Long-Term Environmental Settlements, William H. Rodgers, Jr.

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This paper draws upon six famous settlements that are known in various degrees to students of environmental law. Three are a matter of deep history: the 1970 Environmental Defense Fund settlement that led the last manufacturer of DDT in the U.S. to cease discharges into the Los Angeles sewer system and thence into Santa Monica Bay, the Kepone settlement of the mid-70s that followed in the wake of Judge Merhige's initial assessment of a record-breaking criminal fine of $13.24 million, and the Hudson River settlement of the early 1980s in which environmentalists gave up demands for cooling towers on several …

Deception, Self-Deception, And Mythology: The Law Of Salmon In The Pacific Northwest, William H. Rodgers, Jr.

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This paper will present a Puritan Model of the Law of Lies, which is a prominent (but by no means only) model observable in U.S. law. We will then turn to the underpinnings in evolutionary theory of deception and self-deception. We will next apply these concepts to the worlds of salmon law and policymaking, which are marked conspicuously by evidences of deceit. Some conclusions will be offered on how deceit and self-deception are addressed in the law. We will conclude with some distinctions between the laws of deception and self-deception.

For the most part, our deceptions are governed by the …

Children's Task Force Reports, Donald N. Duquette, Cd Stephens

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When the public thinks of children and the law, high-visibility cases like Baby Jessica and Baby Richard come to mind. The human drama of a small child caught up in a titanic custody struggle attracts unrelenting media attention and triggers cries for law reform. Yet for every Baby Jessica and Baby Richard, thousands of children pass through our courts with little public attention but with consequences to them just as momentous and life altering as those cases featured on the national news shows. In 1991 State Bar of Michigan leadership began to ask whether our profession and Michigan's courts are …

An Introduction To Environmental Law In The United States Of America, Michael E. Herz

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There is an old joke about someone who, having taken a course in speed reading, is able to finish War and Peace in an afternoon. On bragging about this accomplishment, he is asked what the book was about. His entire response: "Russia." In attempting to fulfil my charge to summarize American environmental law in a few pages I fear that I risk a similar result. With such ruthless simplification, the reader may came away with no more understanding of this enormous, detailed, and complex body of law than the speed reader had of Tolstoy, knowing only that American environmental law …

Standards Of Professional Conduct In Alternative Dispute Resolution, John Feerick, Carol Izumi, Kimberlee Kovach, Lela Love, Robert Moberly, Leonard Riskin, Edward Sherman

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The Alternative Dispute Resolution Section of the Association of American Law Schools presented a program, at a 1995 AALS Conference, on current ethical issues that arise in mediation and how these issues should be addressed by the standards of professional conduct. The panel for the program was composed of leading mediation scholars and practitioners from throughout the country. The program was organized by Professor Edward Sherman who also acted as the panel moderator and provided the following introduction.

Ten Arguments Against Hate-Speech Regulation: How Valid Symposium: Political Correctness In The 1990'S And Beyond, Richard Delgado, Jean Stefancic

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No abstract provided.

The Superior Orders Defense In Legal Ethics: Sending The Wrong Message To Young Lawyers, Carol Rice Andrews

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No abstract provided.

Law Review Symposium: A Hard Party To Crash For Crits, Feminists, And Other Outsiders Symposium On Trends In Legal Citations And Scholarship, Jean Stefancic

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No abstract provided.

Cohen V. California: Inconsequential Cases And Larger Principles Favorite Case Symposium, Ronald J. Krotoszynski Jr.

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No abstract provided.

Grant Gilmore, Holmes, And The Anxiety Of Influence, Charles M. Yablon

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The article explores Grant Gilmore's ambivalent relationship with Oliver Wendell Holmes, particularly in The Death of Contract. Gilmore both praises Holmes's intellectual brilliance and critiques his formalistic approach to contract law. Drawing on Harold Bloom's The Anxiety of Influence, the analysis suggests that Gilmore engages in a struggle with Holmes's legacy, reflecting a mix of admiration and opposition, akin to how strong poets handle influential predecessors.

An Introduction To Environmental Law In The United States, Michael E. Herz

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No abstract provided.

Defending Racial Violence, Anthony V. Alfieri

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Taming The Wayward Children Of Monsanto And Sylvania: Some Thoughts On Developmental Disorders In Vertical Restraints Doctrine, Marc A. Fajer

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No abstract provided.

Reinventing The Government Corporation, A. Michael Froomkin

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The Metaphor Is The Key: Cryptography, The Clipper Chip, And The Constitution, A. Michael Froomkin

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No abstract provided.

Breaking The Cycle Of Despair: Street Children In Guatemala City, Tamara Rice Lave

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No abstract provided.

Eti, Phone The Department Of Labor: Economically Targeted Investments, Ib 94-1 And The Reincarnation Of Industrial Policy, Edward A. Zelinsky

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In Interpretive Bulletin 94-1 (B 94-1), the Department of Labor defines economically targeted investments (ETIs) as investments which bear risk-adjusted, market rates of return and which also generate collateral economic benefits. lB 94-1 declares ETIs, so defined, to be consistent with the fiduciary provisions of the Employee Retirement Income Security Act of 1974 (ERISA). In his critique of lB 94-1, Professor Edward Zelinsky finds the ET1 concept unsound as a matter of policy and logic and incompatible with ERISA's statutory standards governing pension trustees' investment decisions. Professor Zelinsky views 1B 94-1 as resurrecting the discredited notion of industrial policy. He …

Instability In Self-Pulsation In Laser Diodes And Its Effect On All-Optical Synchonization, Jonathan Hyland, Gerald Farrell

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The effect of short- and long-term frequency instability in self pulsation on all-optical synchronization using a twin-section laser diode is experimentally investigated. Short-term frequency instability broadens the unlocked full width at half maximum (FWHM) of the fundamental of the rf spectrum of the self-pulsating laser diode. We show experimentally that the value of the unlocked FWHM, and thus the level of short-term instability, has a direct effect on the optical power required to maintain synchronization. A novel means of reducing the FWHM is presented based on a reflective transmission line stub connected to the absorber of the twin-section self-pulsating laser …

The Market For Loyalties: Electronic Media And The Global Competition For Allegiances, Monroe E. Price

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The article critiques the traditional "marketplace of ideas" metaphor in First Amendment jurisprudence and proposes a more accurate framework: the "market for loyalties." This model highlights how powerful entities, including governments and private actors, use communication regulation to shape identities and allegiances. The First Amendment, under this interpretation, functions as a regulatory allocation among these entities rather than a guarantee of unfettered speech. The rise of global communication technologies and competing loyalties challenges the nation-state's ability to control this market, reshaping the role of law and governance in identity formation.

Bioethics With A Human Face, Carl E. Schneider

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This Article and the successor article I will shortly publish grow out of one reaction I have had to years of reading bioethical and legal literature. Let me begin by putting the point in its simplest, even crudest, form: That literature too often discusses the problems of health care in so disembodied and denatured a way that the patients and physicians, the family and friends, the dread and the disease are quite abstracted from the scene. The result is a literature that critically limits itself and that crucially oversimplifies the issues it confronts. There are, of course, reasons bioethical and …

The First Amendment's Challenge Function And The Confusion In The Supreme Court's Contemporary Free Exercise Jurisprudence, Marci A. Hamilton

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No abstract provided.

The Partial Republican, John O. Mcginnis

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No abstract provided.

Discussion And Decisions: A Proposal To Replace The Myth Of Self-Rule With An Attorneyship Model Of Representation, Marci A. Hamilton

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The traditional model used by legal scholars to describe our system of representative democracy seeks to justify representation as a fulfillment of the self-rule ideal Many scholars, however, have argued that certain features of the modem legislative process undermine self-rule, and have proposed means by which judicial review can correct legislative failures and restore self-rule to primacy. Drawing on German philosopher Carl Schmitt's critique of parliamentary democracy in Weimar Germany, Professor Hamilton posits that scholarly attempts to reconcile self-rule with representative democracy are misguided. Representation based on self-rule will inevitably lead to interest-group politics, resulting in meaningless and endless debate …

Religion And The Search For A Principled Middle Ground On Abortion, Michael W. Mcconnell

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No abstract provided.

The State Of Madison's Vision Of The State, Frank H. Easterbrook

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No abstract provided.

A Cd-Rom Based Agricultural Information Retrieval System, H W. Beck, P H. Jones, Dennis G. Watson

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An information retrieval system for agricultural extension was developed using CD-ROM technology as the primary medium for information delivery. Object-oriented database techniques were used to organize the information. Conventional retrieval techniques including hypertext, fulltext searching, and relational databases, and decision support programs such as expert systems were integrated into a complete package for accessing information stored on the CDROM. A multimedia user interface was developed to provide a variety of capabilities including computer graphics and high-resolution digitized images. Information for the disk was gathered and entered using extension publications which were tagged using an SGML-based document markup language. The fully …

Performance Study Of Maximum Likelihood Receivers And Transversal Filters For The Detection Of Direct Sequence Spread Spectrum Signal In Narrowband Interference, Arif Ansari, R. Viswanathan

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Linear least squares estimation techniques can be used to enhance suppression of narrowband interference in direct sequence spread spectrum systems. Nonlinear techniques for this purpose have also been investigated recently. In this paper, we derive maximum likelihood receivers for direct sequence signal in Gaussian interference with known second order characteristics. It is shown that if the receiver uses samples from outside the bit interval, then the receiver structure is nonlinear. The bit error rate performances of these receivers are compared to those of linear receivers employing one-sided and two-sided least squares estimation filters, for the case of Gaussian autoregressive interference. …

The Audio Format War, Derek Cronin

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No abstract provided.

The Future Of Channel Four After The Broadcasting Act 1990, Amanda Dunne

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No abstract provided.

Bad Faith Refusal To Settle By Liability Insurers: Some Implications Of The Judgment-Proof Problem, Alan O. Sykes

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No abstract provided.