Digital Commons Network^™

Moral Courage And Civility, William I. Miller

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Here follow some words from the book which, given our lost sense of security and innocence in light of Pearl Harbor II of Sept. 11, 2001, turns out to have a more pressing relevance than it had when I wrote it a couple of years ago.

Rescue And The War Story, William I. Miller

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It is precisely in the domain of rescue that twentieth-century battle has made its peculiar addition to the styles of the heroic.

Treating Tax Issues Through Trade Regimes (Symposium: International Tax Policy In The New Millennium), Reuven S. Avi-Yonah

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Professor Paul R. McDaniel has performed an extremely valuable service in clarifying the relationship between trade and tax law. In particular, he has done so by pointing out that, to a large extent, the two spheres do not overlap, much less clash in their objectives. This makes sense because, fundamentally, the goal of trade law is to facilitate trade, while the goal of tax law is to raise revenue. Thus, for example, an ideal tariff under trade law is set at zero, but an ideal tax under tax law is set at some positive rate. It therefore should not be …

For Terry Sandalow - Challenger And Creator, Christina B. Whitman

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In the popular imagination, legal education is the experience of sitting in a classroom and being pushed to think deeply by a brilliant and demanding teacher. Some law schools are lucky enough to have a faculty member who actually fulfills this expectation - one professor in particular whose courses are the testing ground for the very best and most engaged students. When I was a student at Michigan in the 1970s, and until his retirement last year at the end of the century, that teacher was Terry Sandalow. For many Michigan graduates, taking Federal Courts or Fourteenth Amendment from Professor …

Blame It On The Cybersquatters: How Congress Partially Ends The Circus Among The Circuits With The Anticybersquatting Consumer Protection Act?, Xuan-Thao Nguyen

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Congress blamed the cybersquatters for the need to pass another trademark cyberlaw. Congress enacted the Anticybersquatting Consumer Protection Act (“ACPA”) on November 29, 1999. The ACPA aimed to protect consumers and businesses, to promote the growth of electronic commerce, and to provide clarity in the law for trademark owners by prohibiting cybersquatting activities on the Internet. Prior to the enactment of the ACPA, the Federal Trademark Dilution Act (“FTDA”), which was passed by Congress in 1995 and became effective on January 16, 1996, was hailed as a powerful tool to combat cybersquatters on the Internet. That presumed powerful tool turned …

Attorney-Client Confidentiality And The Assessment Of Claimants Who Allege Posttraumatic Stress Disorder, Robert H. Aronson, Lonnie Rosenwald, Gerald M. Rosen

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Posttraumatic Stress Disorder (PTSD) was first recognized by the American Psychiatric Association in 1980. A PTSD diagnosis requires an individual or individual's loved ones to have experienced a traumatic event that was a threat to life or physical integrity and caused the individual to react to the incident with a specific number of avoidance, reexperiencing, and hyper-arousal symptoms. Obtaining a PTSD diagnosis can be of great value to a personal-injury plaintiff who claims damages due to a traumatic event. Further, if the traumatic event is unquestioned and the individual reports the classic symptoms, a PTSD diagnosis is relatively easy to …

Fighting The Probate Mafia: A Dissection Of The Probate Exception To Federal Court Jurisdiction, Peter Nicolas

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Despite the complexity and confusion surrounding the probate exception to federal court jurisdiction-or perhaps because of it-it has been given scant attention in the literature. This Article seeks to fill the gap. Part II of this Article sets forth the current application of the probate exception in the lower federal courts. Part III of this Article examines the statutory and constitutional constraints on the federal courts' exercise of subject matter jurisdiction over probate and probate related matters. Part III concludes that the probate exception is a mere gloss on the statutory grants of subject matter jurisdiction to the federal courts …

The Emperor's New Clothes: The Shocking Truth About Digital Signatures And Internet Commerce, Jane K. Winn

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This Article critiques a specific set of assumptions about specific application of digital signature technology: that contracts will be formed over the Internet among parties with no prior relationships through reliance on digital signature certificates issued by trusted third parties to establish the identity of the parties. This application for digital signature technology was once seen as both its most ambitious and most promising application because, for parties with no prior knowledge of each other, there is not yet a reliable system of online identities in Internet commerce.

Parties with an ongoing commercial relationship can absorb the cost of offline …

The Durable Power Of Attorney's Place In The Family Of Fiduciary Relationships, Karen E. Boxx

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The durable power of attorney is a deceptively simple document that allows one person to handle the affairs of an incapacitated person without court supervision. It is merely an agency relationship, established by a written document, that continues during the principal's incapacity. The durable power of attorney has been in widespread use only for about twenty-five years. It is very easy to draft, and its use escapes most court proceedings or even much need for legal assistance.

The durable power of attorney has therefore kept a low profile until now, and any attention it is now receiving focuses primarily on …

Expropriatory Intent: Defining The Proper Boundaries Of Substantive Due Process And The Takings Clause, Ronald J. Krotoszynski Jr.

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Expropriatory Intent Defining the Proper Boundaries of Substantive Due Process and the Takings Clause examines and critiques the contemporary Supreme Courts expansive construction of the Takings Clause Although the Supreme Court generally has decried the use of substantive due process to invalidate economic and social legislation many of the recent regulatory takings cases deploy the Takings Clause to second guess the legitimacy or fundamental fairness of such enactments The article argues that when a plaintiff alleges that a federal or state law is fundamentally unjust or arbitrary the federal courts should analyze the merits of the claim under the rubric …

An Epitaphios For Neutral Principles In Constitutional Law: Bush V. Gore And The Emerging Jurisprudence Of Oprah, Ronald J. Krotoszynski Jr.

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No abstract provided.

Speaking Of The World: Fact, Opinion And The Originality Standard Of Copyright, Alan L. Durham

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No abstract provided.

The Law Of White Spaces: Race, Culture, And Legal Education, Peter Goodrich, Linda G. Mills

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The scene, drawn from memory, is a first-year law school classroom. It is the early 1980s and the class is on civil procedure. The teacher is a white woman. She is nervous, and the class is dominated by students who provide standard right answers to formulaic law school questions. Other points of view, particularly those of a critical or feminist nature, are either passed over quickly or ignored. Questions of color are never mentioned. More than that, the teacher never calls on any African-American students. Students of color are either ignored completely or told, when they have questions, “We are …

Rhetoric And Somatics: Training The Body To Do The Work Of Law, Peter Goodrich

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The article explores the intersection of law, rhetoric, and corporeality, arguing that law is deeply embedded in the human body and its emotional and sensory experiences. It posits that legal dogmatics, while often seen as abstract, is shaped by the body's characteristics and movements, which serve as a substrate for legal logic. The analysis centers on Abraham Fraunce and his contemporaries, who critique the strict legality by emphasizing rhetoric, decorum, and the form of life that rhetoric implies. This critique challenges the notion of law as a detached, abstract system by highlighting its corporeal and emotional dimensions.

Mediation Of Probate Matters: Leaving A Valuable Legacy, Lela P. Love

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No abstract provided.

World Trade Agreements: Advancing The Interests Of The Poorest Of Poor, John O. Mcginnis

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No abstract provided.

Demutualization Of Financial Exchanges: Business As Usual?, Caroline Bradley

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No abstract provided.

Latcrit At Five: Institutionalizing A Postsubordination Future, Elizabeth M. Iglesias, Francisco Valdes

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No abstract provided.

Complementary Agreements And Compulsory Jurisdiction, Bernard H. Oxman

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No abstract provided.

Teaching The Law Of Race (Book Review), Anthony V. Alfieri

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No abstract provided.

Interpretive Communities: The Missing Element In Statutory Interpretation, William S. Blatt

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No abstract provided.

Crime Control And Feminist Law Reform In Domestic Violence Law: A Critical Review, Donna Coker

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No abstract provided.

The World Trade Constitution, John O. Mcginnis, Mark L. Movsesian

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Conventional wisdom holds that the World Trade Organization (WTO) necessarily poses a threat to sovereignty and representative government within its member nations. Professors McGinnis and Movsesian refute this view. They argue that the WTO can be understood as a constitutive structure that, by reducing the power of protectionist interest groups, can simultaneously promote international trade and domestic democracy. Indeed, in promoting both free trade and accountable government, the WTO reflects many of the insights that inform our own Madisonian Constitution. Professors McGinnis and Movsesian reject recent proposals to grant the WTO regulatory authority, endorsing instead the WTO's limited adjudicative power …

The Four Discourses Of Law: A Lacanian Analysis Of Legal Practice And Scholarship, Jeanne L. Schroeder

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The article explores the evolving roles of modern lawyers, highlighting the tension between traditional duties like confidentiality and newer disclosure obligations, particularly in securities law. It employs Lacan's discourse theory to analyze legal roles, categorizing them into master, university, analyst, and hysteric discourses. The article argues that understanding these discourses can inform ethical frameworks and professional responsibilities, advocating for a nuanced approach to legal representation.

What Has Modern Literary Theory To Offer Law? (Reviewing Guyora Binder & Robert Weisberg, Literary Criticisms Of Law (2000)), Richard A. Posner

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No abstract provided.

Against The Scribes: Campaign Finance Reform Revisited, John O. Mcginnis

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No abstract provided.

Squinting Windows In Millennium Light, Eamon Maher

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Material reproduced by kind permission of Doctrine and Life

Law, Business, And Politics: Liability For Accidents In Georgia, 1846-1880, James L. Hunt

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No abstract provided.

In Memoriam Rafael C. Benitez, Keith S. Rosenn

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No abstract provided.

Rationality In Law And Economics Scholarship, Jeanne L. Schroeder

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Jeanne L. Schroeder critiques Richard Posner's conception of rationality in law and economics, arguing that his broad and evolving definition dilutes the concept, rendering it too vague and analytically weak. She advocates for a more nuanced approach that integrates psychological insights and acknowledges the limitations of traditional economic models. Schroeder emphasizes the need for empirical accuracy and theoretical rigor, challenging Posner's dismissal of behavioral economics and his reliance on evolutionary biology for explanations of irrational behavior.