Digital Commons Network^™

Defeating Environmental Law: The Geology Of Legal Advantage, William H. Rodgers, Jr.

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My talk today will: (1) introduce the metaphor of geology, (2) suggest to you that complexity has "gainers" as well as "losers," and (3) show you how environmental laws can be defeated by these twin engines of complexity and clever human adversaries.

[Third Annual Lloyd K. Garrison Lecture on Environmental Law.]

Dividends, Noncontractibility, And Corporate Law, William Wilson Bratton

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No abstract provided.

Is There A Right To Physician-Assisted Suicide, J. David Bleich

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No abstract provided.

The Unsolved Problem Of The Unfunded Mandate, Edward A. Zelinsky

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No abstract provided.

The People: The Least Accountable Branch, Marci A. Hamilton

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No abstract provided.

The Constitution's Pragmatic Balance Of Power Between Church And State, Marci A. Hamilton

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No abstract provided.

Computer Science Concepts In Copyright Cases: The Path To A Coherent Law, Marci A. Hamilton, Ted Sabety

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No abstract provided.

Dedication To Professor Ralph W. Johnson, David H. Getches

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This Indian law symposium issue of the Washington Law Review was inspired by the work of Professor Ralph W. Johnson, whose teaching and personal commitment to the field have motivated hundreds, if not thousands, of law students. The decision of the Editorial Board to dedicate the symposium to him might have been made by as many as thirty classes that have passed through the University of Washington School of Law. Those students have been introduced to and moved by Professor Johnson's elucidation of a field that is at once intellectually challenging and morally significant. Johnson's alumni have spread over the …

Latino And Latina Critical Theory: An Annotated Bibliography Symposium: Latcrit: Latina/Os And The Law: Policy, Politics &(And) Praxis, Jean Stefancic

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No abstract provided.

What Price Peace: From Nuremberg To Bosnia To The Nobel Peace Prize, Malvina Halberstam

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No abstract provided.

The Lawyer's Duties Of Confidentiality And Avoidance Of Harm To Others: Lessons From Sunday School Symposium: The Relevance Of Religion To A Lawyer's Work: An Interfaith Conference: General Responses To The Conference, Steven H. Hobbs

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No abstract provided.

Ethics In The Age Of Entrepreneurship Symposium: Ethical Obligations And Liabilities Arising From Lawyers' Professional Associations, Steven H. Hobbs

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No abstract provided.

Determining Reasonable Charges: A Teaching Hospital Takes On The Federal Government Over Recalculated Graduate Medical Education Expenses (96-1375) Administrative Law, William L. Andreen

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No abstract provided.

Form Contracts Under Revised Article 2 (Symposium: Consumer Protection And The Uniform Commercial Code), James J. White

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The current draft of section 2-206 in Revised Article 2 of the Uniform Commercial Code ("UCC") entitled "Consumer Contract: Standard Form"1 presents a unique and threatening challenge to the drafters of consumer form contracts. In earlier drafts, one part of the section applied to both to commercial contracts and consumer contracts. It required that "one manifest assent" to any form contract, commercial or consumer, in order for it to be binding.2 Bowing to commercial opposition in the most recent version, the drafters have omitted all reference to commercial contracts. As the section stands, it applies only to consumer contracts.

Solving A Profound Flaw In Fraud-On-The-Market Theory: Utilizing A Derivative Of Arbitrage Pricing Theory To Measure Rule 10b-5 Damages, Edward Adams, David E. Runkle

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This Article contends that, contrary to its present use in the securities fraud realm as sanctioned by the Supreme Court and as assumed to be correct by most commentators, the CAPM is irrelevant for measuring damages in Rule 10b-5 cases because the CAPM is not designed to measure what stock prices would have been if the requisite fraud had not occurred. Instead, the CAPM is designed to help investors and portfolio managers determine optimal asset portfolios. That is, the CAPM is designed to help people make decisions about assets with uncertain future returns, rather than to analyze the actual past …

Roundtable Discussion: Visions For The Future, Daniel L. Greenberg (Moderator), Anthony V. Alfieri, Michelle Adams, Edgar S. Cahn, Jennifer Gordon, Luis Garden Acosta, Alan W. Houseman, Errol G. Louis, Esmerelda Simmons, David A. Thomas

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No abstract provided.

Foreword Poised At The Cusp: Latcrit Theory, Outsider Jurisprudence And Latina/O Self-Empowerment, Francisco Valdes

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No abstract provided.

The Jury As Critic: An Empirical Look At How Capital Juries Perceive Expert And Lay Testimony, Scott E. Sundby

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No abstract provided.

Human Rights And The United Nations Convention On The Law Of The Sea, Bernard H. Oxman

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No abstract provided.

Black And White (Book Review), Anthony V. Alfieri

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No abstract provided.

Minority Discounts, Fair Market Value, And The Culture Of Estate Taxation, William S. Blatt

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No abstract provided.

Confrontation And The Definition Of Chutzpa, Richard D. Friedman

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You may know the standard illustration of chutzpa - the man who kills both his parents and then begs the sentencing court to have mercy on an orphan. In this article, I discuss a case of chutzpa that is nearly as outlandish - the criminal defendant who, having rendered his victim unavailable to testify, contends that evidence of the victim's statement should not be admitted against him because to do so would violate his right to confront her. I contend that in a case like this the defendant should be deemed to have forfeited the confrontation right. On the same …

Irrelevance, Minimal Relevance, And Meta-Relevance (Response To David Crump), Richard D. Friedman

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Professor Crump's analysis runs the full traverse from academic theorizing to practical observation. I will attempt to follow him over the same course, addressing three questions among the congeries that he raises. First, is it true that all evidence satisfies the minimalist definition of relevance? Second, should evidentiary codes include a tighter definition of relevance? Third, how should we assess lawyers' use of evidence that, loosely speaking, is irrelevant?

Dealing With Evidentiary Deficiency, Richard D. Friedman

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Lack of information distorts litigation. Claims or defenses that a party might prove easily, or that might even be undisputed, in a world of perfect information can be difficult or impossible to prove in the real world of imperfect information. Some information deficiencies are inevitable, at least in the sense that we could not eliminate them without incurring undue social costs. In some cases, however, a person's conduct may have caused the deficiency. More generally, the person may have had available a reasonable alternative course of conduct that would have eliminated, or at least mitigated, the deficiency. Ariel Porat and …

Emphasizing The Constitutional In Constitutional Torts (Symposium On Section 1983), Christina B. Whitman

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It has been surprisingly difficult to extricate constitutional litigation from torts. In this Article I would like to resist once more' the idea that tort doctrines and tort categories provide a useful model for constitutional decision-making. When it comes to deciding the merits of a constitutional claim, torts is a distraction. That is the case whether torts serves as a positive model for the constitutional cause of action or as an alternative to be shunned. As part of this argument, I also question the claim2 that Monroe v. Pape,3 the 1961 case that opened the door for damages relief under …

Gluttony, William I. Miller

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Gluttony does not have the grandeur of pride, the often brilliant strategic meanness of envy and avarice, the glory of wrath. It does manage to gain some small allure by its association with lust, its sexy sibling sin of the flesh. Yet there is something irrevocably unseemly about gluttony, vulgar and lowbrow, self-indulgent in a swinish way. Gluttony is not the stuff of tragedy or epic. Imagine Hamlet too fat to take revenge or Homer making his topic the gluttony of Achilles rather than his wrath. With gluttony, compare pride and anger, sins that mark the grand action of revenge, …

Towards A (Bayesian) Convergence?, Richard D. Friedman

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If I understand them correctly, several leading Bayesioskeptics (Allen, Callen, Stein) acknowledge - with varying degrees of specificity and varying degrees of grudgingness - that standard probability theory can be useful as an analytical tool in considering evidentiary doctrines and the probative value of evidentiary items.

Answering The Bayesioskeptical Challenge, Richard D. Friedman

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In recent years, some scholars of evidence, myself among them, have made active use of subjective probability theory - what is sometimes referred to as Bayesianism - in thinking about issues and problems related to the law of evidence. But, at the same time, this use has been challenged to various degrees and in various ways by scholars to whom I shall apply the collective, if somewhat misleading, label of Bayesioskeptics. I present this brief paper to defend this use of probability theory, and to discuss what I believe is its proper role in discourse about evidentiary issues.

Deep Ccd Photometry And The Initial Mass Function Of The Core Of The Ob Cluster Berkeley 86, Hans J. Deeg, Zoran Ninkov

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Based on photometry of deep CCD frames of the central region of the OB cluster Berkeley 86, we derive the cluster mass function. The absence of current star formation, and the cluster's young age of about 6Myrs, leads to the conclusion that the initial mass function (IMF) and the current mass function are identical for stars with m< 10msun_. In the range of 1.2-20msun_, an IMF with a slope of {GAMMA}=-1.3+/-0.3 is found. This value agrees well with other recent determinations of young clusters IMFs which are close to the classical Salpeter IMF with {GAMMA}=-1.35. Sections of the IMF of Berkeley 86 that are significantly steeper, or flatter, are most likely the result of a dip in the star's mass distribution in the range of 3.5-10msun_. Similar dips may have led to steep IMFs over narrow mass ranges, as reported in the literature for some other clusters. No sign for a low mass turn-over in the IMF of Berkeley 86 is found for masses extending down to 0.85 msun _ (Refer to PDF file for exact formulas).

Stupid Lawyer Tricks: An Essay On Discovery Abuse, Charles M. Yablon

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The article critiques the prevalent approaches to addressing discovery abuse in legal proceedings, arguing that traditional methods focusing on moralizing about civility are ineffective. Instead, it proposes a more direct approach, inspired by parental discipline, where judges should firmly tell lawyers to cease abusive behavior. The author draws on Aristotle's concept of "akrasia" (moral weakness) to explain why lawyers often engage in counterproductive tactics, suggesting that emotional impulses and the pressure to win drive such actions. The article advocates for innovative solutions to deter discovery abuse, emphasizing the need to make such behavior less enjoyable through targeted sanctions and increased …