Digital Commons Network^™

Parliamentary Law, Majority Decisionmaking, And The Voting Paradox, Saul Levmore

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No abstract provided.

Legislation And Its Interpretation: A Primer, Richard A. Posner

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No abstract provided.

The Economics Of Lender Liability, Daniel R. Fischel

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No abstract provided.

The Federal Court In Idaho, 1889-1907: The Appointment And Tenure Of James H. Beatty, Idaho's First District Court Judge, Monique C. Lillard

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No abstract provided.

The Inside Counsel Movement, Professional Judgment And Organizational Representation, Robert Eli Rosen

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No abstract provided.

Work On A Labor Theory Of Meaning, Kenneth M. Casebeer

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No abstract provided.

On The Costs And Benefits Of Aggressive Judicial Review Of Agency Action, Cass R. Sunstein

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No abstract provided.

An Essay In Separation Of Powers: Some Early Versions And Practices, Gerhard Casper

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No abstract provided.

The Fortieth Session Of The U.N. Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, Katherine Brennan, Reed Brody, David Weissbrodt

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No abstract provided.

The Crisis Of Private Law Is Not An Ideal Situation, Kenneth M. Casebeer

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No abstract provided.

Drafting Wagner's Act: Leon Keyserling And The Precommittee Drafts Of The Labor Disputes Act And The National Labor Relations Act, Kenneth M. Casebeer

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This Article analyzes the development of the National Labor Relations Act through the drafts of the original Act. The author traces the evolution of Senator Wagner's ideas through numerous policy and political battles to the passage of the NLRA in 1935. The author explores the development of the drafts and the historical context surrounding their creation to reveal the social theory of the drafters and illuminate previously unexplored undercurrents in the text of the Act itself. The author, through this novel approach to the NLRA, sets up a new way to view the 1935 Act, and evaluates subsequent amendments and …

Flipbooks For A Change!, Andrew Davidhazy

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Exploring the "flipbook" with photography. A classic animation concept applicable to an introduction to photography class.

Opinion Of The Supreme People's Court On Questions Concerning The Implementation Of The General Principles Of Civil Law Of The People's Republic Of China (Translation), Whitmore Gray, Henry R. Zheng

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The General Principles of Civil Law of the People's Republic of China ("General Principles") came into force on January 1, 1987. We now issue the following Opinion concerning issues encountered when implementing the General Principles

Are Twelve Heads Better Than One?, Phoebe C. Ellsworth

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Few advocates of the jury system would argue that the average juror is as competent a tribunal as the averagejudge. Whatever competence the jury has is a function of two of its attributes: its number and its interaction. The fact that a jury must be composed of at least six people,' with different backgrounds, experiences, and perspectives, provides some protection against decisions based on an idiosyncratic view of the facts. Not only must the jury include at least six people, but they must be chosen in a manner that conforms to the ideal of the jury as representative of community …

Supporting Faculty Research: A Direct Role For The Library, Margaret A. Leary

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The primary mission of the University of Michigan Law Library is supporting faculty research and teaching. For most of the library's history, that support was indirect, aimed at building a collection that would meet present and future faculty needs. In the 1980s, however, it became clear that the law library's collection would never again be able to meet all faculty needs, or all student needs; law was no longer an isolated discipline, and we would need to supply information from many sources and in varied formats. The University of Michigan Law Library has had a faculty document delivery system for …

Hiring Ruled Contractual, Bill Gore, Douglas A. Kahn, Stan Shields

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On December 29, 1988, the California Supreme Court decided Foley vs. Interactive Data Corp., perhaps the most eagerly awaited state supreme court decision in years. The Foley ruling, which immediately was hailed as a tremendous victory for California employers, eliminated punitive damage awards for many wrongfully terminated employees. That was good news for the employers. The decision, however, also provided employers with sobering news. Most significantly, the court ruled that employment relationships essentially are contracts, with terms created by the reasonable expectation of the parties. Thus, the majority of California employees now have a right to sue for breach …

A Skeptical Look At Contemporary Republicanism, Terrance Sandalow

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A growing number of scholars have been led by that impulse to an interest in 'the republican tradition," arguing that it offers resources for correcting the deformities they perceive in contemporary life and for which they hold liberalism responsible. Republicanism is a mansion with many rooms, and its modem interpreters emphasize varying possibilities within it, but common to all is the vision of a politics that recognizes and seeks to strengthen the social bonds within a political community. Within the limits set by that vision differences abound, just as differences exist among liberals concerning appropriate political foundations for individual freedom. …

Commentary On 'Multiemployer Bargaining Rules': The Limitations Of A Strictly Economic Analysis, Theodore J. St. Antoine

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Labor law bulks large on the docket of the United States Supreme Court. Yet never would I have included Charles D. Bonanno Linen Service, Inc. v. NLRB, dealing with the seemingly mundane issue of an employer's right to withdraw from multiemployer bargaining, in the select company of cases addressing such pulse-quickening subjects as affirmative action, picketing as free speech, and union antitrust liability. Professor Douglas Leslie's elegant and provocative article shows just how wrong I was--or at least just how far imaginative analysis can go toward seeing a world in a grain of sand. I lay no claim to expertise …

Copyright Legislation And Technological Change, Jessica D. Litman

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Throughout its history, copyright law has had difficulty accommodating technological change. Although the substance of copyright legislation in this century has evolved from meetings among industry representatives whose avowed purpose was to draft legislation that provided for the future,6 the resulting statutes have done so poorly. The language of copyright statutes has been phrased in fact-specific language that has grown obsolete as new modes and mediums of copyrightable expression have developed. Whatever copyright statute has been on the books has been routinely, and justifiably, criticized as outmoded.7 In this Article, I suggest that the nature of the legislative process we …

Duckworth V. Eagan: A Little-Noticed Miranda Case That May Cause Much Mischief, Yale Kamisar

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Professor Yale Kamisar, the country's foremost scholar of Miranda and police interrogation, presents an analysis and critique of the Supreme Court's latest interpretation of Miranda. In Duckworth, a 5-4 Court upheld the "if and when" language systematically used by the Hammond, Indiana, Police Department: "We have no way of giving you a lawyer, but one will be appointed for you, if you wish, if and when you go to court." The real issue was whether the police effectively conveyed the substance of a vital part of Miranda: the right to have a lawyer appointed prior to any questioning. Professor Kamisar …

The Lesson Of The Owl And The Crows: The Role Of Deception In The Evolution Of The Environmental Statutes, William H. Rodgers, Jr.

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In this world of strategies and counterstrategies, the advantages of the good fake are not to be overlooked. Fakery is an indelible part of the landscape in settings where we readily accept the gaming metaphor—sporting events are the obvious examples. But I wish to emphasize how fakery and deception can play an important role in legal interactions as well, particularly in the writing of the environmental statutes. Environmental lawyers often are fond of borrowing examples from natural history to illustrate propositions of law. There is more to this practice than habit, it seems to me, because the natural laws of …

"Libelous" Petitions For Redress Of Grievances -- Bad Historiography Makes Worse Law, Eric Schnapper

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Both the majority and concurring opinions in McDonald v. Smith, 472 U.S. 479 (1985), concluded that there was no historical basis for McDonald's contention that the framers understood the right to petition to include an unqualified right to do so without being subject to suit for libel. This Article argues that the historical analysis in McDonaldis incorrect; indeed, this appears to be one instance in which the relevant historical materials are both voluminous and crystal clear.

Part I evaluates the McDonald Court's discussion of the intent of the framers. Subsequent sections discuss the wide variety of materials that …

Individual Autonomy And Collective Empowerment In Labor Law: Union Membership Resignations And Strikebreaking In The New Economy, David Abraham

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In this Article, Doctor Abraham studies the tensions between individual rights and theories of collective action in the context of union membership resignations and strikebreaking. He argues that recent judicial and executive tendencies to value individual worker autonomy over collective union action are misguided, lacking a basis in both legal precedent and social reality. In support of his view, Abraham first explores the philosophical and historical-sociological roots of labor and labor-capital relations, focusing on the meaning of employment and the history of collective action. Next, he examines the social and legal origins of the judiciary's recent tendency to increase union …

Family Feud: A Response To Robert Weisberg On Law And Literature, Richard H. Weisberg

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The article engages in a critical dialogue with Robert Weisberg's work on the intersection of law and literature, particularly his skepticism toward the field's potential for sentimentality and his resistance to the literary text as a primary source of legal insight. The author argues that literature provides a unique lens for understanding the irrationalities and ethical dimensions of legal discourse, challenging Weisberg's dismissal of its value. The article contends that Law and Literature must embrace its subversive potential to critique legal assumptions and institutional language, while also addressing the broader cultural and epistemological challenges facing interdisciplinary scholarship.

Nonrefundable Retainers: Impermissible Under Fiduciary, Statutory And Contract Law, Lester Brickman, Lawrence A. Cunningham

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Since the New York Court of Appeals banned nonrefundable retainers, numerous other courts have joined in prohibiting this widespread practice of lawyers charging a fee for services in advance and keeping the fee even if the services are not performed. This may reflect increased judicial recognition of the effect of egregious fee practices on the image of the bar and the role such practices play in the declining esteem in which the legal profession is held. Among the more provocative contributors to this ongoing debate, Professor Steven Lubet recently reviewed our work advocating the ban against nonrefundable retainers and posed …

Coming Of Age Some More: "Law And Literature" Beyond The Cradle, Richard H. Weisberg

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The article explores the historical development and significance of the Law and Literature movement, emphasizing the importance of literature in understanding legal reasoning, judicial writing, and professional ethics. It highlights how literature provides unique insights into the legal profession and advocates for its integration into legal education and practice to enhance ethical understanding and communication skills.

Diversity Combining In Fh/Bfsk Systems To Combat Partial Band Jamming, R. Viswanathan, Kashfieh Taghizadeh

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For a FH/BFSK system, a new type of combiner termed the product combining receiver (PCR) is investigated. The performance of the PCR is evaluated for the cases of on/off partial band noise with optimum jamming fraction, and worst case partial band tone jamming. The performance of PCR is shown to be comparable to that of the clipper receiver. The effect of diversity combining along with convolutional coding and ratio threshold technique is also analyzed. Whereas the clipper requires the knowledge of signal-to-noise ratio for threshold adjustments, the PCR does not require this knowledge for its operation.

Optimal Serial Distributed Decision Fusion, R. Viswanathan, S. C. A. Thomopoulos, R. Tumuluri

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The problem of distributed detection involving N sensors is considered. The configuration of sensors is serial in the sense that the (j - 1)th sensor passes its decision to the jth sensor and that the jth sensor decides using the decision it receives and its own observation. When each sensor employs the Neyman-Pearson test, the probability of detection is maximized for a given probability of false alarm, at the Nth stage. With two sensors, the serial scheme has a performance better than or equal to the parallel fusion scheme analyzed in the literature. Numerical examples illustrate the global optimization by …

The Continuity Of Legislatures: Of Contracts And The Contracts Clause, Stewart E. Sterk

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Legislatures change constantly. Each election brings new legislators and removes old ones. Those who remain are nevertheless affected by the changes in composition, and by other changes wrought by the passage of time. These changes in composition and changes in external stimuli inevitably produce pressure for changes in policy. And in a democratic system, legislatures are generally free to reverse or modify the policies of their predecessors.

Evaluating A Computer Program With A Structured Expert Review Process, Dennis G. Watson, Mary P. Andrews, Roger C. Brook

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A structured expert review process was implemented to evaluate the technical content and usability of a program on aeration system design for grain storages. Technical evaluation was used to determine if the computer program generated solutions similar to expert solutions. Other aspects of the evaluation focused on measures of ease of use, effectiveness of information conveyance and usefulness of solution. The evaluation procedure and questionnaires are described and results from the evaluation of an aeration system design program are summarized. The evaluation process served to validate the aeration system design program, generate suggestions for improving the program, identify areas for …