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How To Think About The Federal Commerce Power And Incidentally Rewrite United States V. Lopez, Donald H. Regan

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Almost sixty years after the "revolution" of 1937, we still do not have an adequate theory of the commerce power. The Court was right to abandon the theory of dual federalism epitomized by Carter v. Carter Coal Co.;' and it has got the right results in the major cases decided since then. But our post-1937 theory, whether before or after Lopez, is a mess. On the one hand, we have a collection of doctrinal rules that, if we take them seriously, allow Congress to do anything it wants under the commerce power. On the other hand, we continue to pay …

The Influence Of International Practice On The Revision Of Article 5 Of The Ucc, James J. White

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The topic of this symposium is the influence that international law has had on domestic law of the United States. I believe that the story of the revision of Article 5 of the Uniform Commercial Code fits here, but some might dispute that. Although it is certainly fair to say that international practice-in a sense international law-was a powerful influence on the revision of Article 5 of the Uniform Commercial Code, that practice, and the way in which that influence was exerted were almost entirely sui generis to the letter of credit law, practice and history.

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

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The jury's competence, unlike that of the judge, rests partly on its ability to reflect the perspectives, experiences, and values of the ordinary people in the community - not just the most common or typical community perspective, but the whole range of viewpoints.

Judging Girls: Decision Making In Parental Consent To Abortion Cases, Suellyn Scarnecchia, Julie Kunce Field

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Judges make determinations on a daily basis that profoundly affect people's lives. On March 28, 1991, the Michigan legislature enacted a statute entitled The Parental Rights Restoration Act (hereinafter "the Michigan Act" or "the Act"). This statute delegated to probate court judges the extraordinary task of deciding whether a minor girl may have an abortion without the consent of a parent. Nothing in law school and little in an average judge's experience provide a meaningful framework for making such a decision. Although many commentators, including the authors, argue that decisions about abortion should be left to the woman regardless of …

Probability And Proof In State V. Skipper: An Internet Exchange, Ronald J. Allen, David J. Balding, Peter Donnelly, Richard D. Friedman, David H. Kaye, Lewis Henry Larue, Roger C. Park, Bernard Robertson, Alexander Stein

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This is not a conventional article. It is an edited version of messages sent to an Internet discussion list. The listings begin with the mention of a recent opinion of the Connecticut Supreme Court, parts of which are reproduced below. The listings soon move to broader issues concerning probability and other formal systems, their limitations, and their uses either in court or as devices for understanding legal proof.

The United Nations High Commissioner For Human Rights: Challenges And Opportunities, Janet E. Lord

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The establishment of a High Commissioner for Human Rights brings to fruition a proposal that has appeared in many different guises since the early days of the United Nations. It also fulfills the desire of those who would like the world community to demonstrate concern for human rights and fundamental freedoms in a concrete and effective manner. This Article discusses the history of the efforts to create the Office of High Commissioner for Human Rights, the currents that prevented an earlier acceptance of the post, and the anticipated role of the High Commissioner in a world community where human rights …

Law Review Symposium: A Hard Party To Crash For Crits, Feminists, And Other Outsiders Symposium On Trends In Legal Citations And Scholarship, Jean Stefancic

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No abstract provided.

Applying Revenue Procedure 95-10 To The Classification Of Limited Liability Companies Notes, Susan Pace Hamill, Jerry C. Oldshue Jr.

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No abstract provided.

Ten Arguments Against Hate-Speech Regulation: How Valid Symposium: Political Correctness In The 1990'S And Beyond, Richard Delgado, Jean Stefancic

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Introduction Symposium On Trends In Legal Citations And Scholarship: Introduction, Jean Stefancic, Fred R. Shapiro

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Meet John Doe: It Is Time For Federal Civil Procedure To Recognize John Doe Parties, Carol Rice Andrews

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The Superior Orders Defense In Legal Ethics: Sending The Wrong Message To Young Lawyers, Carol Rice Andrews

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Cohen V. California: Inconsequential Cases And Larger Principles Favorite Case Symposium, Ronald J. Krotoszynski Jr.

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Chief Justice Rehnquist And The Indian Cases, Ralph W. Johnson, Berrie Martinis

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Since his appointment to the United States Supreme Court, Chief Justice William H. Rehnquist has guided significant changes in Indian law. He has articulated new tests for determining the status of tribes and their powers as sovereign nations. He has voted to disestablish tribes and limit their sovereign powers. He has voted to allow states to exercise jurisdiction over Indian and non-Indian activities and property on reservations.

The articulation of a legal philosophy is generally accepted, expected, and probably necessary for a Supreme Court Justice. At the same time it is instructive to know the views of the members of …

Deception, Self-Deception, And Mythology: The Law Of Salmon In The Pacific Northwest, William H. Rodgers, Jr.

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This paper will present a Puritan Model of the Law of Lies, which is a prominent (but by no means only) model observable in U.S. law. We will then turn to the underpinnings in evolutionary theory of deception and self-deception. We will next apply these concepts to the worlds of salmon law and policymaking, which are marked conspicuously by evidences of deceit. Some conclusions will be offered on how deceit and self-deception are addressed in the law. We will conclude with some distinctions between the laws of deception and self-deception.

For the most part, our deceptions are governed by the …

Children's Task Force Reports, Donald N. Duquette, Cd Stephens

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When the public thinks of children and the law, high-visibility cases like Baby Jessica and Baby Richard come to mind. The human drama of a small child caught up in a titanic custody struggle attracts unrelenting media attention and triggers cries for law reform. Yet for every Baby Jessica and Baby Richard, thousands of children pass through our courts with little public attention but with consequences to them just as momentous and life altering as those cases featured on the national news shows. In 1991 State Bar of Michigan leadership began to ask whether our profession and Michigan's courts are …

The Speech We Hate: First Amendment Totalism, The Aclu, And The Principle Of Dialogic Politics, Richard Delgado, David H. Yun

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No abstract provided.

Violent Youth And Public Policy: A Case Study Of Juvenile Justice Law Reform, Barry C. Feld

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The purpose of this article by Feld was to examine the work of Minnesota's Juvenile Justice Task Force of 1994 in light of policy, case law, and prior task force recommendations. The author, a member and co-chair of the Task Force, analyzed revisions in the Minnesota juvenile justice adjudicatory system as it converged juvenile and criminal court adjudication procedures and philosophy. Ultimately, the recommendations of the Task Force were presented and accepted by the Minnesota legislature, and subsequently included Minnesota's 1994 Juvenile Crime Bill.

Review Essay, Daniel J. Gifford

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No abstract provided.

Personal Jurisdiction In The Bankruptcy Context: A Need For Reform, Edward Adams, Rachel E. Iverson

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This Article analyzes and evaluates the debate concerning a bankruptcy court's ability to assert personal jurisdiction over a foreign entity. Additionally, this Article advocates that the Bankruptcy Rules be amended to conform to the new federal long-arm statute, FRCP 4. More specifically, this Article asserts and demonstrates that: (1) the current status of the law in bankruptcy cases regarding personal jurisdiction is uncertain; (2) prior to the 1993 amendments to FRCP 4, some courts improperly broadened the jurisdiction of bankruptcy courts by allowing them to assert power over defendants by focusing on a defendant's nationwide contacts as opposed to contacts …

Aliquippa: The Company Town And Contested Power In The Construction Of Law, Kenneth M. Casebeer

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No abstract provided.

Defending Racial Violence, Anthony V. Alfieri

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No abstract provided.

Denaturalizing The Lawyer-Statesman (Book Review), Anthony V. Alfieri

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No abstract provided.

Reinventing The Government Corporation, A. Michael Froomkin

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The Metaphor Is The Key: Cryptography, The Clipper Chip, And The Constitution, A. Michael Froomkin

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No abstract provided.

Title Vii Arbitration, Patrick O. Gudridge

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Supreme Court decisions establish two separate lines of analysis concerning whether arbitration agreements should pre-empt judicial remedies for parties already covered by employment and labor legislation. First, in cases like Gilmer v. Interstate/Johnson Corp., the Supreme Court espouses a procedural analysis: the Court considers the extent to which the arbitration procedures reflect judicial processes. In Alexander v. Gardner-Denver and its successors, on the other hand, the Court examines whether the applicable statutes explicitly pre-empt the arbitration agreement. This article argues that neither approach is helpful. Rather, 'courts should consider whether the relevant statute applies standards derived essentially from "inside" …

Breaking The Cycle Of Despair: Street Children In Guatemala City, Tamara Rice Lave

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No abstract provided.

Law And The H-Bomb: Strengthening The Nonproliferation Regime To Impede Advanced Proliferation, Richard L. Williamson Jr.

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No abstract provided.

Civilizing The Savages: A Comparison Of Assimilation Laws And Policies In The United States And Australia, Craig J. Trocino

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No abstract provided.

Antitrust And Trade Issues: Similarities, Differences, And Relationships, Daniel J. Gifford

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The recent negotiations establishing the World Trade Organiza- tion ("WTO") are the latest of a series which have progressively lowered trade barriers since the end of World War 11.1 As trade barriers have been lowered, trade has increased, moving the world inexorably towards the free-trade ideal where goods and services move in response to demand.' This, of course, is the most efficient allocation of the world's resources, and has the effect of maximizing the world's wealth.' Within the United States, the recognized role of the antitrust laws is to ensure that the market is free to allocate resources in response …