Digital Commons Network^™

Judicial Control Over Expert Testimony: Of Deference And Education, Richard A. Epstein

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No abstract provided.

Law And Economics: Intellectual Arbitrage, Randal C. Picker

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No abstract provided.

Harold Berman's Accomplishment As A Legal Historian, Richard H. Helmholz

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No abstract provided.

Confronting The Ethical Case Against The Ethical Case For Constituency Rights, William Wilson Bratton

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No abstract provided.

Well-Being And The State, Cass R. Sunstein

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No abstract provided.

Incommensurability And Valuation In Law, Cass R. Sunstein

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Words, Conduct, Caste, Cass R. Sunstein

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No abstract provided.

Structuring The Separation Of Powers, Philip B. Kurland

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Changing Constitutional Powers Of The American President Feature: Forum: The Evolving Presidency In Eastern Europe, Cass R. Sunstein

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No abstract provided.

The Anticaste Principle, Cass R. Sunstein

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For Justice Marshall, Elena Kagan

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Regulation Of Hate Speech And Pornography After R. A. V., Elena Kagan

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No abstract provided.

Myth Of The Unitary Executive, The Docket: Proceedings From The Administrative Conference Of The United States, Cass R. Sunstein

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No abstract provided.

The Forty-Fourth Session Of The Un Sub-Commission On Prevention Of Discrimination And Protection Of Minorities And The Special Session Of The Commission On Human Rights On The Situation In The Former Yugoslavia, Alya Z. Kayal, Penny L. Parker, David Weissbrodt

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The 1992 meeting of the UN Sub-Commission on Prevention of Discrimination and Protection of Minorities is chronicled, along with the results of the special session held by the UN Human Rights Commission on Yugoslavia. The work of the Sub-Commission included surveying human rights compliance in various member countries, mandating compliance for Bosnia-Herzegovina, East Timor, Bougainville and Haiti, and discussing issues such as homosexual discrimination as human rights violations. The Commission took evidence on abuses in Yugoslavia and resolved to take action to force compliance.

Major Developments At The Un Commission On Human Rights In 1992, Joe W. (Chip) Pitts Iii, David Weissbrodt

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The forty-eighth session of the United Nations Commission on Human Rights, the principal human rights organ of the United Nations, occurred at the Palais des Nations in Geneva, Switzerland from 27 January to 7 March 1992.' The session took place at a time of unprecedented invigoration of the United Nations in general, and demonstrated both the challenges and the opportunities facing the organization and its primary human rights arm in the world community today.

Globalization Of Constitutional Law And Civil Rights, David Weissbrodt

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The teaching of U.S. constitutional law is remarkably insular. A quick review of course books reveals few, if any, references to materials from other countries or to relevant international law.1 Constitutional law courses focus almost exclusively on the U.S. constitutional order. The course books appear to consider as unique this country's balance of power between the national government and the states and its approach to bridging the structural tension among executive, legislative, andjudicial branches. One colleague facetiously told me that the only country comparable to the United States is the United Kingdom. Since the U.K. has no written constitution, the …

Voluntarism Triumphant: Forbath On Law And Labor, Carol Chomsky

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No abstract provided.

Racial Disproportion In Us Prisons, Michael Tonry

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Challenging The Autonomous Press (Book Review), Lili Levi

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Property And Pragmatism: A Critique Of Radin's Theory Of Property And Personhood, Stephen J. Schnably

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No abstract provided.

Are Rights The Right Thing? Individual Rights, Communitarian Purposes And America's Problems (Book Review), David Abraham

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No abstract provided.

Some Thoughts On Harassment: A Gay Male Perspective, Marc A. Fajer

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No abstract provided.

State Responses To Task Force Reports On Race And Ethnic Bias In The Courts, Suellyn Scarnecchia

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While several states have embarked on studies of race and ethnic bias in their courts, Minnesota is only the sixth to publish its report to date. As Minnesota joins the ranks of states with published reports, it is worthwhile to assess the impact of the five earlier published reports from other states. Final reports have been published in Michigan (1989), Washington (1990), New York (1991), Florida (1991) and New Jersey (1992). The published reports make findings and provide several specific recommendations for change. This article will review the published findings and recommendations of the task forces and will discuss the …

The Kaplansky Test Problems - An Approach Via Radicals, R. Gobel, Brendan Goldsmith

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The existence of non-free, K-free Abelian groups and modules (over some non-left perfect rings R) having prescribed endomorphism algebra is established within ZFC + 0 set theory. The principal technique used exploits free resolutions of non-free R-modules X and is similar to that used previously by Griffith and Eklof; much stronger results than have been obtained heretofore are obtained by coding additional information into the module X. As a consequence we can show, inter alia, that the Kaplansky Test Problems have negative answers for strongly K,-free Abelian groups of cardinality K1 in ZFC and assuming the weak Continuum Hypothesis.

The Case Of The Disappearing Briefs: A Study In Preservation Strategy, Margaret A. Leary

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Federal appellate court records and briefs are significant to researchers in many disciplines, but academic law libraries are discarding them. Ms. Leary chronicles the demise of paper holdings in law libraries, the rise of microforms, and the contents and usage of the National Archives and Records Administration's files. She then derives principles for preservation strategies that may apply to other categories of legal material.

Response To Wayne P. Kelley, Margaret A. Leary

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I appreciate Mr. Kelley's comments and his concern about the "fundamental legal responsibility of federal depository libraries to provide free and unrestricted access to depository materials to the general public," or, as stated in 44 U.S.C. § 1911, "Depository libraries shall make Government publications available for the free use of the general public." I write to respond to the statements that "It is impossible to determine exactly what sort of access to depository materials is allowed at the University of Michigan Law Library from the [Snow] article," and "It appears that the ... policy does not meet our requirements."

Revising Article 9 To Reduce Wasteful Litigation, James J. White

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For reasons that are unclear to me, the committees reviewing the articles of the Uniform Commercial Code and drafting revisions are congenitally conservative. Perhaps these committees take their charge too seriously, namely, to revise, not to revolutionize. Perhaps their intimate knowledge of the subject matter exaggerates the importance of each section and consequently magnifies the apparent size of every change. In any case, my own experience with two such committees tells me that the members quickly become focused on revisions and amendments that any outsider would describe as modest. To the extent that the revision of any of the articles …

Letter To Judge Harry Edwards, James J. White

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Dear Harry: I write to second your statements concerning the disjunction between legal education and the legal profession and also to quibble with you. By examining the faculty, the curriculum, and the research agenda at Michigan, your school and mine, I hope to illustrate the ways in which you are right and to suggest other ways in which you and your clerk informants may be too pessimistic.

A Washington State Income Tax - Again?, Hugh D. Spitzer

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This Article shows how, because of changes in key rulings of the United States Supreme Court and in other state court rulings on the character of income taxes, Washington’s legislature could now implement a graduated net income tax on both individuals and businesses. The Article concludes that such a net income tax measure could lawfully be enacted by today’s legislature without amending the state’s constitution.

Where Environmental Law And Biology Meet: Of Pandas' Thumbs, Statutory Sleepers, And Effective Law, William H. Rodgers, Jr.

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The purpose of this article is to introduce some of the recent findings of evolutionary biology to the legal community and to urge their consideration in developing a more effective law. As background, Part II of this article will present a brief evolutionary history of our own species.

Part III offers a primer on Darwin's theory of natural selection and the concept of adaptation, with special attention to the elaboration of altruism as it is known in modern biology. Part IV discusses maladaptation as a counterpoise to adaptation and underscores the notion with some stories from natural history on subjects …