Digital Commons Network^™

Comparative Criminal Justice As A Guide To American Law Reform: How Do The French Do It, How Can We Find Out, And Why Should We Care?, Richard Frase

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In the 1970s and early 1980s, legal academics hotly debated the possibility of basing American law reforms on continental procedures, but this voluminous literature produced few conclusions and virtually no sustained research and reform efforts. In this Article, Professor Frase argues that this stalemate was largely due to the fact that the continental procedures most often proposed for borrowing were actually the least feasible transplants, whereas other, more modest possibilities were overlooked or misunderstood. To identify the latter, future researchers must analyze foreign systems comprehensively, in practice as well as in theory, and must subject domestic systems to equally comprehensive …

The 41st Session Of The Un Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, Robin M. Maher, David Weissbrodt

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The forty-first session ofthe Sub-Commission on Prevention of Discrimination and Protection of Minorities (hereinafter the Sub-Commission) met in August 1989 to address a number of human rights situations that had come to worldwide attention since 1988. The session followed the bloody suppres- sion of demonstrations in the People's Republic of China, a rash of bombings and political assassinations in Colombia, and the use of chemical weapons against unarmed civilians in Iraq. Moreover, unusual political pressures from a variety of sources played an important role. As the Sub-Commission de- bated its first resolution on a country which holds a permanent seat …

Speaking Out Of Turn: The Story Of Josephine V., Anthony V. Alfieri

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No abstract provided.

The Politics Of Clinical Knowledge, Anthony V. Alfieri

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No abstract provided.

Reconstructive Poverty Law Practice: Learning Lessons Of Client Narrative, Anthony V. Alfieri

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No abstract provided.

Brazil's New Constitution: An Exercise In Transient Constitutionalism For A Transitional Society, Keith S. Rosenn

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No abstract provided.

The Public Domain, Jessica D. Litman

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This article examines the public domain by looking at the gulf between what authors really do and the way the law perceives them. Part I outlines the basics of copyright as a species of property and introduces the public domain's place within the copyright scheme. Copyright grants authors" ' rights modeled on real property in order to encourage authorship by providing authors with markets in which they can seek compensation for their creations. Because parcels of authorship are intangible, however, the law faces *problems in determining the ownership and boundaries of its property grants. In particular, the concept of "originality," …

Judging The Judges: Three Opinions, James Boyd White

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For some time I have been working on the problem of judicial criticism, focusing especially on the question: What is it in the work of a judge that leads us to admire a judicial opinion with the result of which we disagree, or to condemn an opinion that "comes out" the way we would do if we were charged with the responsibility of decision? The response I have been making is that this kind of judicial excellence (and its opposite too) lies in the sort of social and intellectual action in which the opinion engages: in the character the court …

Remembering The 'Old World' Of Criminal Procedure: A Reply To Professor Grano, Yale Kamisar

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When I graduated from high school in 1961, the "old world" of criminal procedure still existed, albeit in its waning days; when I graduated from law school in 1968, circa the time most of today's first-year law students were arriving on the scene, the "new world" had fully dislodged the old. Indeed, the force of the new world's revolutionary impetus already had crested. Some of the change that the criminal procedure revolution effected was for the better, but much of it, at least as some of us see it, was decidedly for the worse. My students, however, cannot make the …

Gideon V. Wainwright A Quarter-Century Later, Yale Kamisar

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In a brief working paper sent to all conference participants, Professor Burt Neuborne suggested that we might consider several themes, among them "Gideon Celebrated," "Gideon Fulfilled," and "Gideon Betrayed." I think these are useful headings.

Gender And Race Bias Against Lawyers: A Classroom Response, Suellyn Scarnecchia

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In reviewing other clinicians' approaches to teaching about bias, I identified problems that eventually led me to design a two-hour class session on bias against lawyers. The following is a review of a few other teaching methods and a description of my own approach, detailing its own strengths and weaknesses. This is not an exhaustive review of all possible approaches to bias. It is offered to promote classroom discussion of bias against lawyers and to invite the development of innovative alternatives to my approach.

Patenting The Human Genome, Rebecca S. Eisenberg

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The increasing promise of federal funding for mapping and sequencing the human genome has brought with it renewed attention in the research science community to issues of intellectual property protection for products of biotechnology research. Echoing concerns raised a decade ago in the debate over commercialization of academic biomedical research, scientists have called for the free availability of all information generated through the Human Genome Project and have argued against allowing private intellectual property rights in such knowledge. Meanwhile, private parties have quietly been obtaining patents on bits and pieces of the human genome from the Patent and Trademark Office …

Defining The Scope Of Broker And Dealer Duties -- Some Problems In Adjudicating The Responsibilities Of Securities And Commodities Professionals, Gregory A. Hicks

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The purpose of this Article is to stress the need for grounding broker-dealer duties in sound, articulated understandings of the investment markets, as well as defensible statements of the responsibilities and expectations of both customers and market professionals. This important need will be demonstrated through the use of several cases illustrating problematical or failed processes by which broker-dealer duties have been established.

This Article will focus primarily on two recent decisions, In re E.F. Hutton & Co., and Wasnick v. Refco, Inc., both of which have been criticized for inappropriately expanding broker and dealer duties. Each decision is …

From The President, Penny A. Hazelton

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A series of From the President columns written by then President of the American Association of Law Libraries Penny A. Hazelton in 1990 and 1991.

Justice O'Connor's Opinion In Feist Publications, Inc. V. Rural Telephone Service Co.: An Uncommon Though Characteristic Approach, Marci A. Hamilton

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No abstract provided.

Campus Antiracism Rules: Constitutional Narratives In Collision Legal Theory, Richard Delgado

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No abstract provided.

Norms And Normal Science: Toward A Critique Of Normativity In Legal Thought, Richard Delgado

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No abstract provided.

Autonomy, Community, And Traditions Of Liberty: The Contrast Of British And American Privacy Law Notes, Ronald J. Krotoszynski Jr.

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No abstract provided.

Oversecured Creditors Under Bankruptcy Code Section 506(B): The Limits Of Postpetition Interest, Attorneys' Fees, And Collection Expenses, David G. Carlson

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No abstract provided.

Introduction To Federal Administrative Law Part Ii: The Availability Of Judicial Review, An, William L. Andreen

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No abstract provided.

Contingent Fees Without Contingencies: Hamlet Without The Prince Of Demark?, Lester Brickman

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According to conventional wisdom virtually all contingent fee percentages exceeding fifty percent are illegal and excessive, but most lower percentages are valid. This Article challenges the conventional wisdom, an amalgam of the unassailability of the standard one-third rate, notions of fairness versus price gouging, lawyer effort versus lawyer' reward, and the right of a lawyer to contract freely for a fee. It advances instead two propositions for determining the legitimacy of contingent fees. The first is that for a contingent fee to be valid, there must be an actual contingency, which means a realistic risk of nonrecovery. Though this proposition …

Entering With A Vengeance: Posner On Law And Literature, Richard H. Weisberg

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The article critiques Richard A. Posner's book Law and Literature: A Misunderstood Relation, arguing that while it offers a comprehensive analysis of law-related literature, it reflects Posner's authoritarian bias and dismisses literature's critical potential to challenge legal authority. Posner's approach is seen as overly deductive and dismissive of literary insights that question legal power structures.

The First Amendment And Cognition: A Response, Cass R. Sunstein

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No abstract provided.

Integrating Hearing And Deaf Students On A College Campus, Paula Brown, Susan Foster

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This study has two purposes: (1) to learn how hearing students in a mainstream college setting perceive deaf students as classmates, and (20 to discover how those perceptions influence the integration of deaf and hearing students on campus. Thirty full-time students at the Rochester Institute of Technology in Rochester, New York, were interviewed using in-depth, open-ended interview strategies. It was found that even in this setting, designed expressly to integrate deaf and hearing students, full integration did not occur. Deaf students were successfully placed on the campus with hearing students for education purposes; however, social integration did not occur.

Comment On “A Prototype Secs Message Service For Communication In The Semiconductor Manufacturing Environment", James Baratz, John Birchak, Frederic Brehm

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The protocol described in the article “A Prototype SECS Message Service for Communication in the Semiconductor Manufacturing Environment”’ was designed in cooperation with the Subnet Task Force of the Semiconductor Equipment and Materials International (SEMI) Communications Standards Committee. The technical design and a software implementation were carried out at the University of Michigan with frequent reviews by the task force, particularly during the early months. The primary development of SMS was done by James R. Moyne as a research project directed by Prof. Leo C. McAfee, Jr., and supported by the Semiconductor Research Corporation. The published article reflects the services …

Discipline Of Clear Expression, Donald L. Burnett Jr.

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No abstract provided.

Interpreting Statutes In The Regulatory State, Cass R. Sunstein

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Discussing the judge's role in interpreting statutes, Justice Holmes wrote that "if my fellow citizens want to go to Hell I will help them. It's my job."' Critics of the view of the courts as passive agents of the legislature claim that it understates the difficulty of interpretation, the indeterminacy of both the language and the will of the citizens, and the resulting discretion of the judge. Similarly, a vigorous debate continues over the proper role of the traditional sources of statutory interpretation - the text, the legislative history, the purpose of the enacting Congress, and the structure of the …

Low Value Speech Revisited, Cass R. Sunstein

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No abstract provided.

The Origins And Historical Understanding Of Free Exercise Of Religion, Michael W. Mcconnell

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No abstract provided.

The Supreme Court And The Jury: Voir Dire, Peremptory Challenges, And The Review Of Jury Verdicts, Albert Alschuler

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No abstract provided.