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Confrontation Confronted, Richard D. Friedman, Margaret A. Berger, Steven R. Shapiro

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The following article is an edited version of the amicus curiae brief filed with the Supreme Court of the United States in the October Term, 1998, in the case of Benjamin Lee Lilly v. Commonwealth of Virginia (No. 98-5881). "This case raises important questions about the meaning of the confrontation clause, which has been a vital ingredient of the fair trial right for hundreds of years," Professor Richard Friedman and his co-authors say. "In particular, this case presents the Court with an opportunity to reconsider the relationship between the confrontation clause and the law of hearsay." On June 10 the …

Legal Research Tools: In Search Of The Best Format, Robin Schard

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No abstract provided.

Jury Reform At The End Of The Century: Real Agreement, Real Changes, Phoebe C. Ellsworth

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Complaints about the jury system and calls for its reform are nothing new-they have probably existed as long as the jury system itself. Warren Burger called for the reform of the civil jury in 1971'; in 1905 William Howard Taft decried the contemporary tendency "to exalt the jury's power beyond anything which is wise or prudent .... ,2 Judges complain to judges, lawyers complain to lawyers, legal academics write articles about the jury for other legal academics, social scientists report their research on juries to other social scientists, and the jurors themselves go home and express their exasperation to their …

A Right Of Access To Court Under The Petition Clause Of The First Amendment: Defining The Right, Carol Rice Andrews

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No abstract provided.

Sincere And Strategic Voting Norms On Multimember Courts, Evan H. Caminker

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In appellate adjudication, decisions are rendered by a multimember court as a collective entity, not by individual judges. Yet legal scholars have only just begun to explore the formal and informal processes by which individual votes are transformed into a collective judgment.' In particular, they have paid insufficient attention to the ways in which the vote of each individual judge is influenced by the views of her colleagues on a multimember court.

The Type Ia Aupernova 1997br In Eso 576-G40, Weidong Li, Yulei Qiu, Q. Y. Qiao, Xiao-Hong Zhu, Michael W. Richmond, A. V. Filippenko, R. R. Treffers, C. Y. Peng, D. C. Leonard

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The peculiar type Ia supernova SN 1997br in ESO576-G40 was extensively observed at Beijing Astronomical Observatory (BAO) and Lick Observatory. In this paper, we present and discuss the BV RI photometry and the spectra collected over three months, starting from 9 days before maximum brightness. The light curves of SN 1997br are similar to those of SN 1991T, with slow decline rates after the B maximum. Well sampled data before the B maximum show unambiguously that SN 1997br rises more slowly and has a wider peak than normal type Ia supernovae. The optical color evolution of SN 1997br is also …

Speckle Observations Of Binary Stars With The Wiyn Telescope. I. Measures During 1997, Elliott P. Horch, Zoran Ninkov, William F. Van Altena, Reed D. Meyer, Terrence M. Girard, J. Gethyn Timothy

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Two hundred seventy-seven position angle and separation measures of 154 double stars are presented. Three of the systems were previously unknown to be double, and 16 other systems were discovered earlier this decade by the Hipparcos satellite. Measures are derived from speckle observations taken with the Wisconsin-Indiana-Yale-NOAO (WIYN) 3.5 m telescope located at Kitt Peak, Arizona. Speckle images were obtained using two different imaging detectors, namely, a multianode microchannel array (MAMA) detector and a fast-readout CCD. A measurement precision study was performed on a sample of binaries with extremely well known orbits by comparing the measures obtained here to the …

The African American, Latino, And Native American Graduates Of One American Law School, 1970-1996, David L. Chambers, Richard O. Lempert, Terry K. Adams

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In the spring of 1965, only one African American student and no Latino students attended the University of Michigan Law School. At the time, Michigan, like most American law schools, was a training place for white males. In 1966, the law school faculty adopted a new admissions policy that took race into account as a plus factor in the admissions process. This policy of affirmative action has taken many forms over the years, but, across the decades of the 1970's, the 1980's and the 1990's, about 800 African Americans, 350 Latinos, 200 Asian Americans and 100 Native Americans have graduated …

Justice Without Justices, John O. Mcginnis

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No abstract provided.

Buried Voices, Dominant Themes: Justice Hans Linde And The Move To Structural Constitutional Interpretation, Marci A. Hamilton

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No abstract provided.

Review: Murphy's Law, Arthur Jacobson

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No abstract provided.

Enhancing Autonomy For Battered Women: Lessons From Navajo Peacemaking, Donna Coker

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In this Article, Professor Donna Coker employs original empirical research to investigate the use of Navajo Peacemaking in cases involving domestic violence. Her analysis includes an examination of Navajo women's status and the impact of internal colonization. Many advocates for battered women worry that informal adjudication methods such as Peacemaking ignore domestic hierarchies of power and thus facilitate the batterer's ongoing violence against the victim. Those who endorse the use of Navajo Peacemaking and other systems of restorative justice believe that such processes are better equipped to cut through the batterer's denial and victim blaming and are more likely to …

Still Adjusting To Markman: A Prescription For The Timing Of Claim Construction Hearings, William F. Lee, Anita K. Krug

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This Article argues that, in most cases, there is an optimal time for holding the Markman hearing.

Part II provides a short summary of both the Federal Circuit's holding in Markman and the rationale behind the Supreme Court's affirmance of that holding. It then delves into the predictable effects of Markman, as well as into the maze of questions that the decision has engendered and the ways in which the district courts have answered those questions.

Part III discusses the issue of the timing of claim construction hearings, presenting at the outset the possible alternatives. It argues that holding …

Goodbye To Hammurabi: Analyzing The Atavistic Appeal Of Restorative Justice Prosecuting Violence: A Colloquy On Race, Community, And Justice, Richard Delgado

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No abstract provided.

California's Racial History And Constitutional Rationales For Race-Conscious Decision Making In Higher Education Symposium: Race And The Law At The Turn Of The Century, Richard Delgado, Jean Stefancic

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No abstract provided.

Physician Unions And The Future Of Competition In The Health Care Sector, William S. Brewbaker Iii

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No abstract provided.

Identity, Privacy, And The New Information Scalpers: Recalibrating The Rules Of The Road In The Age Of The Infobahn: A Response To Fred H. Cate A Symposium On Law And Technology In The New Millenium: Closing The Gap, Ronald J. Krotoszynski Jr.

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No abstract provided.

The Constitutional Authority Of The Federal Government In State Criminal Proceedings That Involve U.S. Treaty Obligations Or Affect U.S. Foreign Relations, Malvina Halberstam

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No abstract provided.

The Midas Touch: The Lethal Effect Of Wealth Maximization, Jeanne L. Schroeder

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The article critically examines the concept of wealth maximization in law and economics, arguing that it is fundamentally flawed due to its inability to account for the distinction between exchange value and use value. Wealth maximization, rooted in the masculine regime of possession and exchange, represses the feminine act of enjoyment, leading to a paradox where achieving its goal would result in the collapse of the market system. The analysis draws on Lacanian theory to explore the sexual impasse underlying this paradox, suggesting that the pursuit of wealth without consideration for enjoyment is self-destructive and unsustainable.

In Praise Of The Efficiency Of Decentralized Traditions And Their Preconditions, John O. Mcginnis

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No abstract provided.

How To Do Things With Hegel, David G. Carlson

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The article argues that contract is not merely a tool for pre-existing personalities but is instead constitutive of personality itself. It challenges the conventional view that personality exists prior to law, instead positing that contract is necessary for the emergence and recognition of personality. The author contends that contract is foundational to legal and personal identity, as it establishes mutual recognition and rights between individuals.

Three's A Crowd: A Feminist Critique Of Calabresi And Melamed's One View Of The Cathedral, Jeanne L. Schroeder

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The article critiques Calabresi and Melamed's trichotomy of property rights, arguing that it oversimplifies property as a binary relationship between subject and object, neglecting the complexities of enjoyment and third-party interests. By employing a feminist and Lacanian psychoanalytic perspective, the analysis highlights how this framework fails to address the dynamic, relational, and intersubjective nature of property, particularly in environmental disputes. The author advocates for a more inclusive understanding of property that incorporates both masculine and feminine metaphors, emphasizing the need to move beyond possession and exchange to recognize the mutual constitution of entitlements and law.

Judicial Review, Michael Herz

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No abstract provided.

Breaking Out Of "Custody": A Feminist Voice In Constitutional Criminal Procedure, Dana Raigrodski

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In this Essay, I suggest that reexamination of this field of law through a feminist lens can shed new light and add to the understanding of constitutional criminal procedure. These insights, in turn, can and should generate a positive feminist jurisprudence of criminal procedure—a distinctive feminist voice to be integrated systematically into our constitutional criminal procedure and our criminal justice system. Applying feminist legal theories to particular areas of constitutional criminal procedure may help guide us through the more difficult task of constructing a positive feminist jurisprudence of constitutional criminal procedure. Many areas of constitutional criminal procedure lend themselves as …

From Office Ladies To Women Warriors?: The Effect Of The Eeol On Japanese Women, Jennifer S. Fan

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In this Article, Jennifer Fan argues that existing laws in Japan do not adequately protect working women from sex discrimination. Specifically, Fan examines the Equal Employment Opportunity Law (EEOL), a law designed to prevent discrimination against women in the workplace, and concludes that the EEOL is little more than a paper tiger that preserves the status quo. After briefly discussing the legal sources of protection for working women in Japan before the passage of the EEOL, Fan examines the creation of the EEOL, its substantive provisions, and its legal impact. Through her analysis of recent sexual harassment cases in light …

The Hedgehog And The Fox: Distinguishing Public And Private Sector Approaches To Managing Risk For Internet Transactions, Jane Kaufman Winn

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In his essay The Hedgehog and the Fox, Isaiah Berlin used an ancient Greek proverb comparing these animals as a metaphor to express a deep division among thinkers and writers in their understanding of the human condition. In this essay, I extend the metaphor to contrast the differing approaches to risk management taken by the public sector in the exercise of its sovereign functions and that taken by members of the private sector in the conduct of commercial transactions. In light of the differences in these basic approaches to questions of risk management, I will evaluate some widely discussed …

What A Salmon Czar Might Hope For, William H. Rodgers, Jr.

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There is a windowof opportunity in the wave of Endangered Species Act salmon listings that has descended on the Pacific Northwest in 1998 and 1999. Federal law links listings to the "inadequacy of existing regulatory mechanisms." Experience in Oregon has shown that EPA listings cannot be avoided by "voluntary or future conservation efforts."

Meaningful state law that will deter federal overrides must be "current" and "enforceable." With salmon stocks plummeting and with "inadequate" regulation prominently confirmed, what would the naive observer expect from a Washington State legislature intent upon saving the salmon and protecting its authority? A spate of stunning …

Useful Arts In The Information Age, Alan L. Durham

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No abstract provided.

Allocations Attributable To Partner Nonrecourse Liabilities: Issues Revealed By Llcs And Llps, Christine Rucinski Strong, Susan Pace Hamill

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No abstract provided.

Sentencing Guidelines In Minnesota, Other States, And The Federal Courts: A Twenty-Year Retrospective, Richard Frase

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No abstract provided.