Digital Commons Network^™

The Hard Case Of Broadcast Indecency, Lili Levi

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No abstract provided.

Drawing Lines In The Sea (Book Review), Bernard H. Oxman

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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.

The Case Of The Speluncean Explorers: Contemporary Proceedings, Naomi R. Kahn, John O. Calmore, Mary I. Coombs, Dwight L. Greene, Geofrey C. Miller, Jeremy Paul, Laura W. Stein

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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 …

Ethical Management Of Assets For Elder Clients: A Context, Role, And Law Approach Proceedings Of The Conference On Ethical Issues In Representing Older Clients, Steven H. Hobbs, Fay Wilson Hobbs

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No abstract provided.

Producing The Arts Show: An Ethnographic Study Of Radio Producers At Work, Brian O'Neill

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Moral Debate And Semantic Sleight Of Hand, J. David Bleich

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Health Care Price Controls And The Takings Clause Commentary, William S. Brewbaker Iii

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Regulating Tv Violence: An Analysis Of The Voluntary Code Regarding Violence In Television Programming, Paul Horwitz

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Delaware Fiduciary Duty Law After Qvc And Technicolor: A Unified Standard (And The End Of Revlon Duties?), Lawrence A. Cunningham, Charles M. Yablon

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The Delaware Supreme Court's decisions in QVC and Technicolor have redefined the analysis of directors' fiduciary duties in takeover situations by rejecting the fragmented approach of separate duties under Revlon, Unocal, and MacMillan. Instead, these rulings establish a unified standard that combines the duties of care and loyalty under a single obligation of good faith and fair dealing, requiring directors to make reasonably informed judgments. This approach applies enhanced scrutiny to decisions involving sales of control, defensive tactics, and other extraordinary events, ensuring that directors act in the best interests of shareholders while allowing flexibility in their decision-making processes.

Catharine's Wheel: Mackinnon's Pornography Analysis As A Return To Traditional Christian Sexual Theory, Jeanne L. Schroeder

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The article argues that Catharine MacKinnon's analysis of pornography and sexuality, while presented as radical feminist theory, ultimately incorporates traditional elements from Christian sexual theory and modern liberalism. MacKinnon's critique of pornography as a mechanism of gender subordination aligns with Augustine's view of sexuality as a loss of subjectivity, where involuntary sexual desire symbolizes the Fall's consequences. Despite her sociopolitical analysis, MacKinnon's failure to recognize these influences and her lack of a positive vision for female subjectivity limit her critique's transformative potential.

James Madison And Public Choice At Gucci Gulch: A Procedural Defense Of Tax Expenditures And Tax Institutions, Edward A. Zelinsky

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Few academic doctrines can claim the intellectual and political success of tax expenditure analysis. In roughly a generation's time, Professor Surrey's procedural and substantive critique of tax subsidies has become entrenched in the law school curriculum and in legal scholarship. More impressively, the tax expenditure concept has been enshrined in federal law and become part of the daily discourse of the national budget process.

What's Standing After Lujan? Of Citizen Suits, "Injuries," And Article Iii, Cass R. Sunstein

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Overcompensating: The Corporate Lawyer And Executive Pay, Charles M. Yablon

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A Treaty Is A Treaty Is A Treaty, Malvina Halberstam

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The Taming Of The Shrew: The Liberal Attempt To Mainstream Radical Feminist Theory, Jeanne L. Schroeder

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The article critically examines the opposing views of Cass Sunstein and Catharine MacKinnon on pornography and its legal implications, highlighting their divergent definitions and approaches. Sunstein advocates for a narrow, violence-focused antipornography legislation, while MacKinnon pushes for a broader definition that encompasses gender subordination. The analysis reveals how Sunstein's critique of MacKinnon unintentionally weakens feminist challenges to masculinism by separating sexuality from power dynamics. MacKinnon's theory, rooted in a premodern Christian view of sexuality, posits that pornography constructs women as objects, reinforcing gender inequality. The article underscores the tension between legal reform and the deeper structural changes needed to address …

Subject: Object, Jeanne L. Schroeder

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The article explores the concept of objectivity in legal theory, examining its complexity and the various ways it is defined and applied. It critiques the left's tendency to associate objectivity with liberalism and masculinity, while highlighting the right's defense of subjectivity. The analysis emphasizes the need for a nuanced understanding of objectivity's forms and implications in legal discourse.

Imagining A Free Press, Geoffrey R. Stone

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A Selection And Estimation Test For Multiple Target Detection, R. Viswanathan, Abbas Eftekhari

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We apply a selection and estimation procedure for the detection of multiple targets in clutter. The selection and estimation (SE) test perfoms better than a fixed order statistic (OS) detector. The SE test has some similarity to a variable trimmed mean (VTM) test and has a slight performance advantage. Unlike the VTM, whose performance is evaluated only by simulation studies, the performance of the SE test, for Rayleigh fluctuating target model, can be evaluated analytically. Further improvement in the performance is possible if a better selection procedure can be found.

The Channelling Function In Family Law, Carl E. Schneider

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On an occasion such as this, we are called to step back from our daily work to seek what Justice Holmes called a "liberal view" of our subject. Today, I propose to do so by exploring a function of family law that I believe is basic, that underlies much of family law, that resonates with the deepest purposes of culture but that is rarely addressed expressly-namely, what I call the "channelling function." As I will soon explain at length, in the channelling function the law recruits, builds, shapes, sustains; and promotes social institutions. My exploration of this topic will have …

Setting The Fee When The Client Discharges A Contingent Fee Attorney, Lester Brickman

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The bold and precedent-setting case of Martin v. Camp endowed the attorney-client relationship with the legacy of the "client discharge rule"; it provides that a client can discharge his attorney at any time without cause and without penalty. The predicate of the rule is that trust and confidence are essential features of the attorney-client relationship. If that trust and confidence dissipate, the client should not be forced to continue to confide in and rely upon that attorney. Accordingly, the client should not be penalized financially if he elects to change attorneys. The discharged attorney, precluded from realizing the contingent percentage …

Rights And 'Rights Talk' (Reviewing Mary Ann Glendon, Rights Talk: The Impoverishment Of Political Discourse (1991)), Richard A. Epstein

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No abstract provided.