Digital Commons Network^™

Juno Moneta: On The Erotics Of The Marketplace, Jeanne L. Schroeder

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The article explores how property and the feminine, as legal fictions, facilitate the creation of subjectivity through the lens of Hegelian philosophy and Lacanian psychoanalysis. It critiques the liberal individual as an insufficient concept for subjectivity, arguing that subjectivity is constructed, not natural. The analysis examines how legal frameworks privilege masculine metaphors, such as possession, while repressing feminine ones, and posits that the pursuit of a perfect market represents a destructive ideal that undermines freedom and subjectivity.

The Human Constitution And Constitutive Law: A Prolegomenon, John O. Mcginnis

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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.

United States Ratification Of The Convention On The Elimination Of All Forms Of Discrimination Against Women, Malvina Halberstam

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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 Association Of American Law Schools, Section On Mass Communications Law 1997 Annual Conference Panel: Sex, Violence, Children & The Media: Legal, Historical &Empirical; Perspectives, Lili Levi

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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.

Acts Of Power, Crimes Of Knowledge: Some Observations On Desire, Law And Ideology In The Politics Of Expression At The End Of The Twentieth Century, Francisco Valdes

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No abstract provided.

Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri

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No abstract provided.

Voluntary Bonds: The Impact Of Habitat Ii On U.S. Housing Policy, Janet Stearns

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No abstract provided.

Gender, Race, And Sentencing, Kathleen Daly, Michael Tonry

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No abstract provided.

International Taxation Of Electronic Commerce, Reuven S. Avi-Yonah

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This article submits proposals for taxing the digital economy on the basis of the benefits and single tax principles.

The Takings-Puzzle Puzzle, James E. Krier

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My aim here is to unpack the regulatory takings problem in a way that suggests why it is intractable. The idea is to reveal some of the different types of ambiguity necessarily entailed in takings cases. Seeing these ambiguities, we readily can understand why the doctrine in this area is so confused and confusing; why there is, in short, a "takings puzzle." To my mind, it is much more difficult to understand why anyone would expect matters to be otherwise. This oddity I call the "takings-puzzle puzzle."

Making International Refugee Law Relevant Again: A Proposal For Collectivized And Solution-Oriented Protection, James C. Hathaway, R. Alexander Neve

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International refugee law is in crisis. Even as armed conflict and human rights abuse continue to force individuals and groups to flee their home countries, many governments are withdrawing from the legal duty to provide refugees with the protection they require. While governments proclaim a willingness to assist refugees as a matter of political discretion or humanitarian goodwill, they appear committed to a pattern of defensive strategies designed to avoid international legal responsibility toward involuntary migrants. Some see this shift away from a legal paradigm of refugee protection as a source for enhanced operational flexibility in the face of changed …

The Cathedral' At Twenty-Five: Citations And Impressions, James E. Krier, Stewart J. Schwab

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It was twenty-five years ago that Guido Calabresi and Douglas Melamed published their article on property rules, liability rules, and inalienability' Calabresi, then a law professor, later a dean, is now a federal judge. Melamed, formerly a student of Calabresi's, is now a seasoned Washington attorney. Their article-which, thanks to its subtitle, we shall call The Cathedral-has had a remarkable influence on our own thinking, as we tried to show in a recent paper2 This is not the place to rehash what we said then, but a summary might be in order. First, we demonstrated that the conventional wisdom about …

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.

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 …

An Interdisciplinary Seminar In Child Abuse And Neglect With A Focus On Child Protection Practice, Suellyn Scarnecchia

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Given the myriad of professionals involved in protecting children from abuse and neglect, legal practice in the field of child protection requires an understanding of the various disciplines these professionals represent. Professor Scarnecchia argues that such an understanding is necessary in order for the attorney to serve as a zealous advocate for her client. In hopes of creating this understanding in students at the University of Michigan, an interdisciplinary seminar in child abuse and neglect has been created. Professor Scarnecchia details the substantive content of the seminar, discussing specific issues that arise in protecting children. She explains that by using …

The Power Of One: How The Individual Activist Can Make A Difference, Henry Spira

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No abstract provided.

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).

Refinement Of The Rlab Color Space, Mark Fairchild

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The prediction of color appearance using the RLAB color space has been tested for a variety of viewing conditions and stimulus types. These tests have shown that RLAB performs well for complex stimuli and not-so-well for simple stimuli. This article reviews the various psychophysical results, interprets their differences, and describes evolutionary enhancements to the RLAB model that simplify it and improve its performance.

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 …

Copyright Law And Electronic Access To Information, Jessica D. Litman

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At the same time as we have been discovering the Internet’s enormous potential to enhance access to information and revolutionize the ways libraries do business, the Internet’s high profile in popular media has made it the focus of a wide spectrum of fears about the future. This paper focuses on pending proposals to amend copyright law to enhance the control copyright owners wield over the appearance of their works on digital networks. These proposals would stifle libraries’ use of the Internet. Libraries and their supporters must participate in the copyright debate, and think creatively about new models for copyright. The …

A Pilot Evaluation Of Alternating Preoperative Chemotherapy In The Management Of Patiens With Locoregionally Advanced Breast Carcinoma, Thomas M. Pisansky Md, Charles L. Loprinzi Md, Stephen S. Cha Md, Nicholas F. Reuter Md

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BACKGROUND:

This prospective trial was conducted to evaluate the outcome of patients treated with preoperative and post operative chemotherapy, mastectomy, and irradiation for locoregionally advanced breast carcinoma.

METHODS:

Between June 1986 and September 1990, 71 patients received 2 cycles of doxorubicin that alternated with 2 cycles of cyclophosphamide, methotrexate, and 5-fluorouracil prior to mastectomy; irradiation was administered when the tumor was not amenable to surgical resection. Additional chemotherapy and tamoxifen, in hormone receptor-positive tumors, was used after mastectomy. Post-operative irradiation was given on a selective basis for patients at high risk for locoregional disease recurrence.

RESULTS:

Although 5 patients (7%) …

Fundamental Justice And The Deflection Of Refugees From Canada, James C. Hathaway

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Canada is preparing to implement a controversial provision of the Immigration Act that will deny asylum seekers the opportunity even to argue their need for protection from persecution. Under a policy labelled "deflection" by the authors, the claims of refugees who travel to Canada through countries deemed safe, likely the United States and eventually Europe, will be rejected without any hearing on the merits. Because deflection does not require substantive or procedural harmonization of refugee law among partner states, it will severely compromise the ability of genuine refugees to seek protection.

Why Is This Man A Moderate? (Reviewing William A. Fischel, Regulatory Takings: Law, Economics And Politics (1995)), Richard A. Epstein

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No abstract provided.

Never Jam To-Day: On The Impossibility Of Takings Jurisprudence, Jeanne L. Schroeder

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The article critiques the incoherence of takings jurisprudence under the Fifth and Fourteenth Amendments, arguing that property rights cannot be understood as absolute or natural but must be viewed through the lens of Hegelian dialectics. It contends that property is a socially constructed concept requiring pragmatic reasoning to balance individual rights and communitarian limits. The analysis emphasizes that the determination of when regulation constitutes a taking cannot be resolved through rigid legal frameworks but demands a pragmatic approach, as the balance between individualistic and communitarian interests is inherently empirical and subjective.

"Do Justice!": Variations Of A Thrice-Told Tale, Michael Herz

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Although recent debates would suggest that narrative scholarship is brand new,4 lawyers, judges, and law professors, like all humankind, have always offered stories for illustration or support or to make a point in an indirect, and often more effective, way. Learned Hand's story about telling Justice Holmes to "do justice" is one widely-used example, offered by many writers in addition to Judge Bork and Professor Chayes. Its popularity is easy to understand. The story has a substantive message, pithily expressed, on a basic jurisprudential issue; it involves two members of the pantheon; and it crams a lot of human interest …

Hypertext Theory And Narrative, Eoin Kilfeather

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No abstract provided.

Rape, Race And Representation: The Power Of Discourse, Discourses Of Power And The Reconstruction Of Heterosexuality, Elizabeth M. Iglesias

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No abstract provided.