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Tax Policy V. Revenue Policy: Qualified Plans, Tax Expenditures, And The Flat, Plan Level Tax, Edward A. Zelinsky Jan 1994

Tax Policy V. Revenue Policy: Qualified Plans, Tax Expenditures, And The Flat, Plan Level Tax, Edward A. Zelinsky

Articles

No abstract provided.


Federalist Society Roundtable Discussion, Timothy Dyk, Robert Bork, Nadine Strossen, John O. Mcginnis, Theodore B. Olson Jan 1994

Federalist Society Roundtable Discussion, Timothy Dyk, Robert Bork, Nadine Strossen, John O. Mcginnis, Theodore B. Olson

Articles

This discussion took place at the National Press Club in Washington, D.C., on October 12, 1993.


Justice Byron White And The Argument That The Greater Includes The Lesser, Michael E. Herz Jan 1994

Justice Byron White And The Argument That The Greater Includes The Lesser, Michael E. Herz

Articles

No abstract provided.


The Marginal Relevance Of Choice Of Law Theory, Stewart E. Sterk Jan 1994

The Marginal Relevance Of Choice Of Law Theory, Stewart E. Sterk

Articles

The article critiques the current state of choice of law theory, arguing that existing methodologies, such as interest analysis and territorial approaches, fail to provide a coherent framework for judicial decision-making. It contends that these theories are overly rigid and do not account for the practical, fact-driven nature of how judges make choices. The author proposes a new test based on expressive similarity to address the complexities of modern copyright disputes, aiming to distinguish between protected expression and unprotected ideas. This approach seeks to balance the protection of creative works with the need to prevent overprotection, which could streamline litigation …


Is Article 8 Finally Ready This Time? The Radical Reform Of Secured Lending On Wall Street, Jeanne L. Schroeder Jan 1994

Is Article 8 Finally Ready This Time? The Radical Reform Of Secured Lending On Wall Street, Jeanne L. Schroeder

Articles

The article critiques the 1977 proposed amendments to Articles 8 and 9 of the Uniform Commercial Code (UCC), arguing that while they aim to modernize securities law by replacing the outdated physical possession metaphor with the concept of "control," they fail to adequately address the complexities of indirect holdings through intermediaries. The revisions introduce "supernegotiability," prioritizing secured creditors over customers, but raise ethical concerns about rewarding dishonest behavior and potentially undermining consumer protections. The article concludes that while the changes improve market efficiency and clarity, further refinements are needed to balance the interests of all stakeholders.


Saving Public Television: The Remand Of Turner Broadcasting And The Future Of Cable Regulation, Monroe E. Price, Donald W. Hawthorne Jan 1994

Saving Public Television: The Remand Of Turner Broadcasting And The Future Of Cable Regulation, Monroe E. Price, Donald W. Hawthorne

Articles

The article critiques the Supreme Court's decision in *Turner Broadcasting* for failing to adequately address key First Amendment issues, particularly the distinction between commercial and noncommercial broadcasters. While the Court focused on historical context and government-media relationships, it overlooked the unique role of noncommercial broadcasters in serving public interests like education and culture. The authors argue for a more nuanced First Amendment approach that supports public interest media without infringing on free speech rights, urging courts to recognize the value of noncommercial broadcasting.


Cultural Differences And Discrimination: Samoans Before A Public Housing Eviction Board, Richard O. Lempert, Karl Monsma Jan 1994

Cultural Differences And Discrimination: Samoans Before A Public Housing Eviction Board, Richard O. Lempert, Karl Monsma

Articles

In Hawaii Samoans are a stigmatized ethnic group. We examine how this group is treated by a public housing eviction board. Statistical analysis suggests Samoans are discriminated against in financial cases. Interviews indicate, however, that Samoans are disadvantaged largely because their excuses are not persuasive and would not be regardless of the ethnicity of the tenants making them. In this sense Samoans are treated "like any other tenant," and illegal discrimination, as defined by the Four- teenth Amendment, has not occurred. But Samoans make unpersuasive excuses more often than other tenants because excuses that are reasonable in the context of …


Plato's 'Crito': The Authority Of Law And Philosophy (Symposium On Law, Literature, And The Humanities), James Boyd White Jan 1994

Plato's 'Crito': The Authority Of Law And Philosophy (Symposium On Law, Literature, And The Humanities), James Boyd White

Articles

My talk today will consist primarily of the interpretation of one of the dialogues of Plato, called the Crito. It will not have very much about law in it, and you may well wonder why such a lecture is being given in a law school. Let me begin by saying a word or two in response to that sensible question, as a way of framing the reading that follows.


A Reaffirmation: The Authenticity Of The Roberts Memorandum, Or Felix The Non-Forger (Justices Felix Frankfurter And Owen J. Roberts), Richard D. Friedman Jan 1994

A Reaffirmation: The Authenticity Of The Roberts Memorandum, Or Felix The Non-Forger (Justices Felix Frankfurter And Owen J. Roberts), Richard D. Friedman

Articles

In the December 1955 issue of this Law Review, Justice Felix Frankfurter published a tribute to his late friend and colleague, Owen J. Roberts.' The tribute centered on what Frankfurter claimed was the text of a memorandum that Roberts wrote in 1945 to explain his conduct in the critical minimum wage cases of 1936 and 1937, Morehead v. New York ex rel. Tipaldo2 and West Coast Hotel Co. v. Parrish.' Scholars have often challenged the adequacy of Roberts's account of why he cast decisive votes for the conservatives in Tipaldo and for the liberals in West Coast Hotel.4 Until recently, …


Gay Men, Aids, And The Code Of The Condom, David L. Chambers Jan 1994

Gay Men, Aids, And The Code Of The Condom, David L. Chambers

Articles

The principal purpose of this Article is to explore the origins and moral content of the code of behavior among gay men that has developed around the condom. A second purpose is to consider whether this code is wise and defensible under current circumstances. A final purpose is to compare the condom rules to the code of sexual behavior that state governments have created in response to AIDS under their criminal laws.


Democratic Credentials, Donald J. Herzog Jan 1994

Democratic Credentials, Donald J. Herzog

Articles

We've made a mistake, urges Bruce Ackerman. We've failed to notice, or have forgotten, that ours is a dualist democracy: ordinary representatives passing their statutes are in fact the democratic inferiors of We the People, who at rare junctures appear on the scene and affirm new constitutional principles. (Actually, he claims in passing that we have a three-track democracy.)' Dwelling lovingly on dualism, Ackerman doesn't quite forget to discuss democracy, but he comes close. I want to raise some questions about the democratic credentials of Ackerman's view. Not, perhaps, the ones he anticipates. So I don't mean to argue that …


The Death And Transfiguration Of Frye, Richard D. Friedman Jan 1994

The Death And Transfiguration Of Frye, Richard D. Friedman

Articles

The rule of Frye v. United States was seventy years old, and had long dominated American law on the question of how well established a scientific principle must be for it to provide the basis for expert testimony. Even after the passage of the Federal Rules of Evidence, several of the federal circuits, as well as various states, purported to adhere to Frye's "general acceptance" standard. But now, unanimously, briefly, and with no apparent angst, the United States Supreme Court has held in Daubert v. Merrell Dow Pharmaceuticals, Inc. that the Frye rule is incompatible with the Federal Rules.


Solving The Judgment-Proof Problem, Kyle D. Logue Jan 1994

Solving The Judgment-Proof Problem, Kyle D. Logue

Articles

A tortfeasor who cannot fully pay for the harms that it causes is said to be "judgment proof." Commentators have long recognized that the existence of judgment-proof tortfeasors seriously undermines the deterrence and insurance goals of tort law. The deterrence goal is undermined because, irrespective of the liability rule, judgment-proof tortfeasors will not fully internalize the costs of the accidents they cause. The insurance goal will be undermined to the extent that the judgment-proof tortfeasor will not be able to compensate fully its victims and that first-party insurance markets do not provide an adequate response. Liability insurance can ameliorate these …


Roundtable Discussion: Science, Environment, And The Law, James E. Krier Jan 1994

Roundtable Discussion: Science, Environment, And The Law, James E. Krier

Articles

Science, environment, and the law is our topic. The problem of interest to me has to do with risk regulation and, more particularly, with the fact that technical and scientific views of risk differ dramatically from lay or public views. How is this conflict to be managed and resolved? I have to go through my account very quickly, given the time constraint, so let me mention that it is based on an article that sets out my arguments at length.'


The End Of The World News (Symposium: Twenty-Five Years Of Environmental Regulation), James E. Krier Jan 1994

The End Of The World News (Symposium: Twenty-Five Years Of Environmental Regulation), James E. Krier

Articles

My title, but nothing else, owes to Anthony Burgess.' I like the ambiguity of Burgess's words. They could be a play on what an anchor says when she brings the night's news of the world to a close ("and that's the end of.. ."), or they could be the name of a doomsday periodical, or a headline announcing the bankruptcy of a tabloid, or, at the extreme, a reference to the end of the world. For my purposes, however, they signify the end of an era.


Marketable Pollution Allowances (Great Lakes Symposium), James E. Krier Jan 1994

Marketable Pollution Allowances (Great Lakes Symposium), James E. Krier

Articles

In March 1993, the EPA auctioned off 150,010 sulfer dioxide emissions permits at the Chicago Board of Trade. The auction brought in $21.4 million and ushered in the Clean Air Act's market-based approach to sulfur dioxide control. Congress created these marketable pollution allowances (MPAs) under Title IV of the Clean Air Act Amendments of 19903 to regulate acid rain pollution. While most MPAs were bought by utilities, to be exchanged as a commodity according to need, some MPAs were removed from the market solely to prevent their use by polluters. The Cleveland-based National Healthy Air License Exchange bought one allowance …


Discovery Cost Allocation: Comment On Cooter And Rubinfeld, Edward H. Cooper Jan 1994

Discovery Cost Allocation: Comment On Cooter And Rubinfeld, Edward H. Cooper

Articles

Discovery practice continues to be the single most troubling element of contemporary procedure. To be sure, the system seems to work well in a high proportion of all federal cases. The proportion may seem astonishingly high in relation to the amount of attention devoted to discovery. The discovery problems that occur in a relatively small proportion of the federal caseload, however, impose serious burdens on the parties and the court system. Every proposal that addresses discovery "abuse" deserves serious attention. These comments focus on the discovery abuse portion of the paper by Cooter and Rubinfeld. Questions are posed that may …


Responding To Gender Bias In The Courts: Progress Without Accountability, Suellyn Scarnecchia Jan 1994

Responding To Gender Bias In The Courts: Progress Without Accountability, Suellyn Scarnecchia

Articles

On December 19, 1989, we received the final report of the Michigan Supreme Court Task Force on Gender Issues (task force report). The task force made 91 recommendations, plus an additional 18 joint recommendations with the Task Force on Racial/Ethnic Issues in the Courts. The Michigan Supreme Court, the State Bar of Michigan and other individuals and organizations have made much progress in responding to the recommendations, with one glaring omission-Although jointly recommended by both task forces as "essential to the realization of the goals envisioned in the goals envisioned in the reports," the Supreme Court has failed to appoint …


Assisted Suicide And Euthanasia: The Cases Are In The Pipeline, Yale Kamisar Jan 1994

Assisted Suicide And Euthanasia: The Cases Are In The Pipeline, Yale Kamisar

Articles

When I first wrote about this subject 36 years ago, the chance that any state would legalize assisted suicide or active voluntary euthanasia seemed minuscule. The possibility that any court would find these activities protected by the Due Process Clause seemed so remote as to be almost inconceivable. Not anymore. Before this decade ends, at least several states probably will decriminalize assisted suicide and/or active voluntary euthanasia. [Editor's note: In November, Oregon became the first state to legalize physician-assisted suicide, allowing doctors to prescribe lethal medication for competent, terminally ill adults who request it.] A distinct possibility also exists that …


Simulation Study Of Changes In Ultrasound Speckle Statistics With The System Point Spread Function, Navalgund A. H. K. Rao, Hui Zhu Jan 1994

Simulation Study Of Changes In Ultrasound Speckle Statistics With The System Point Spread Function, Navalgund A. H. K. Rao, Hui Zhu

Articles

The intensity point signal-to-noise ratio, SNRI, characterizing the ultrasound speckle statistics, depends on the tissue scattering microstructure and the imaging systems point spread function. Both should be described in three-dimensional space. Therefore, a three-dimensional simulation model is used in this paper to generate a rf signal and study the variations in SNRI with the transducer center frequency and bandwidth. Results are in agreement with existing theoretical predictions. A possible method to analyze the SNRI data is also presented that can produce a straight line slope as a feature value that depends on the tissue scattering microstructure only. Such a feature …


Antitrust Conspiracy Doctrine And The Hospital Enterprise, William S. Brewbaker Iii Jan 1994

Antitrust Conspiracy Doctrine And The Hospital Enterprise, William S. Brewbaker Iii

Articles

No abstract provided.


Appropriation Art And The Imminent Decline In Authorial Control Over Copyrighted Works, Marci A. Hamilton Jan 1994

Appropriation Art And The Imminent Decline In Authorial Control Over Copyrighted Works, Marci A. Hamilton

Articles

No abstract provided.


Protection Of Biodiversity Under The Public Trust Doctrine, Ralph W. Johnson, William C. Galloway Jan 1994

Protection Of Biodiversity Under The Public Trust Doctrine, Ralph W. Johnson, William C. Galloway

Articles

The public trust doctrine is an ancient Roman legal doctrine that has been applied in both England and the United States. The doctrine traditionally addressed questions of public access to and use of commercially navigable waters for navigation, fisheries and various other uses of the underlying seabeds, lake bottoms, and riverbeds. In recent years, the public trust doctrine has been invoked to protect birds and other wildlife, water quality, ecological and environmental values, and different types of recreation. Although no public trust case has applied the doctrine to protect biodiversity per se, it seems clear by analogy to existing case …


If Anybody Asks You Who I Am: An Outsider's Story Of The Duty To Establish Paternity, Lisa Kelly Jan 1994

If Anybody Asks You Who I Am: An Outsider's Story Of The Duty To Establish Paternity, Lisa Kelly

Articles

This story is fictional but true. There is no one particular Minerva Copeland, James Walker, or Judge Jennings. Lake Village and Helena also are intended to be fictional places. I chose a format using endnotes instead of footnotes in an effort not to disrupt the flow of the narrative. The endnotes, however, are an integral part of this article and serve to provide the reader with the background necessary to understand the legal and social context in which this piece operates.


Cosmopolitanism Inside Out: International Norms And The Struggle For Civil Rights And Local Justice The Day, Berry & Howard Visiting Scholars, Richard Delgado, Jean Stefancic Jan 1994

Cosmopolitanism Inside Out: International Norms And The Struggle For Civil Rights And Local Justice The Day, Berry & Howard Visiting Scholars, Richard Delgado, Jean Stefancic

Articles

No abstract provided.


Rodrigo's Final Chronicle: Cultural Power, The Law Reviews, And The Attack On Narrative Jurisprudence, Richard Delgado Jan 1994

Rodrigo's Final Chronicle: Cultural Power, The Law Reviews, And The Attack On Narrative Jurisprudence, Richard Delgado

Articles

No abstract provided.


Rodrigo's Tenth Chronicle: Merit And Affirmative Action, Richard Delgado Jan 1994

Rodrigo's Tenth Chronicle: Merit And Affirmative Action, Richard Delgado

Articles

Opponents of affirmative action and similar redistributive measures often argue that they proceed in defiance of the merit principlethe idea that scarce resources such as places in a law school class ought to go to those who most deserve them Since affirmative actions beneficiaries usually minorities from poor backgrounds often lack traditional indicators of merit such as top grades and test scores it is said giving them an edge in the competition for law slots violates the merit principle This chronicle subjects this argument to critical analysis examining the history and current functioning of conventional merit and noting a number …


First Amendment Formalism Is Giving Way To First Amendment Legal Realism, Richard Delgado Jan 1994

First Amendment Formalism Is Giving Way To First Amendment Legal Realism, Richard Delgado

Articles

No abstract provided.


Military Veterans And Va Medical Treatment: Must A Veteran Prove Fault Before Receiving Compensation For Medical Injuries (93-1128) Administrative Law, William L. Andreen Jan 1994

Military Veterans And Va Medical Treatment: Must A Veteran Prove Fault Before Receiving Compensation For Medical Injuries (93-1128) Administrative Law, William L. Andreen

Articles

No abstract provided.


United States Human Rights Policy In International Organizations, David Weissbrodt Jan 1994

United States Human Rights Policy In International Organizations, David Weissbrodt

Articles

I was privileged to serve as a public member of the United States delegation to the United Nations Commission on Human Rights which met February 1 to March 12, 1993. I can speak about my expe- rience on that delegation, but it is very difficult to extrapolate from my six weeks of work in Geneva to a broad sense of the Clinton Adminis- tration policy.