Digital Commons Network^™

Controlling Legislative Shortsightedness: The Effectiveness Of Constitutional Debt Limitations, Stewart E. Sterk, Elizabeth S. Goldman

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In this article, Professor Sterk and Ms. Goldman examine the efficacy of constitutional debt limitations as a method of controlling the incurrence of public debt. In examining the historical development of such limitations, the authors conclude that they are responses to perceived deficiencies in the legislative process rather than reactions to specific instances of legislative abuse. The authors determine, however, that courts have transformed absolute constraints on legislative power to incur debt into more flexible limitations that leave the judiciary with a substantial role in determining the fate of proposed borrowing schemes. Moreover, the authors found that few states revised …

Justice O'Connor's Intellectual Property Opinions: Currents And Crosscurrents, Marci A. Hamilton

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No abstract provided.

Redefining Radicalism: A Historical Perspective, Walter J. Walsh

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This Essay suggests that Unger's attack on formalism and objectivism is not so new. After noting the early contributions of Thomas Hobbes and Jeremy Bentham, it does so by particular reference to the critique of William Sampson (1764-1836), the banished Irish civil rights lawyer and political activist, who led an intellectual charge upon the American common law more than a century and a half ago. It also suggests that by depicting the common law as incompatible with the egalitarian ideal of a democratic republic, Sampson sowed the seeds of a distinct radical tradition of which the critical legal studies movement …

The Substantial Identity Rule Under The Japanese Novelty Standard, Toshiko Takenaka

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This article compares the novelty standard under Japanese patent law with the novelty standard under American patent law. This article first explains the structure of the novelty and inventive step provisions under Japanese patent law and examines the interpretation and basic legal theories of these provisions. The inventive step standard developed out of the novelty standard. Thus, to understand the inventive step standard, it is necessary to understand the novelty standard.

Next, this article discusses the unique features of the Japanese novelty standard. The strict novelty requirements of the patent laws of the United States and European countries are contrasted …

In Search Of Family Value: Constructing A Framework For Jurisprudential Discourse, Steven H. Hobbs

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No abstract provided.

Outsider Jurisprudence And The Electronic Revolution: Will Technology Help Or Hinder The Cause Of Law Reform, Jean Stefancic, Richard Delgado

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No abstract provided.

Derrick Bell's Racial Realism: A Comment On White Optimism And Black Despair Commentary On Racial Realism, Richard Delgado

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No abstract provided.

The Limited Liability Company: A Study Of The Emerging Entity, Robert R. Keatinge, Larry E. Ribstein, Susan Pace Hamill, Michael L. Gravelle

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This article reflects the thinking of business and tax lawyers at the dawn of the development of limited liability companies It provides a thorough discussion of the few things known and many questions that existed in 1992 when only a handful of states had LLC legislation Many of the questions have now been resolved some by the checkthebox regulations and some by the more recent limited liability company legislation but the article provides useful background in the development of what was to become a predominating business organization

The Transformation Of The Juvenile Court, Barry C. Feld

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Ideological changes in the cultural conception of children and in strategies of social control during the nineteenth century led to the creation of the juvenile court. At the dawn of the twentieth century, Progressive reformers applied the new theories of social control to the new ideas about childhood and created a social welfare alternative to criminal courts to treat criminal and noncriminal misconduct by youth.

The Interplay Of Product Definition, Design And Trade Dress, Daniel J. Gifford

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In the present Essay, I discuss some of the roles played by trademark law in stimulating competition among producers to develop new varieties of products and services. I argue that trademarks perform a particularly useful role in engendering innovation, and that this role was, for a time, threatened by the particular approach to genericity followed by the Ninth Circuit in its well-known Anti-Monopoly 1 decisions. I also argue that the developing law of trade dress performs a different, but nonetheless complementary, role in encouraging innovation.

Adjudication In Independent Tribunals: The Role Of An Alternative Agency Structure, Daniel J. Gifford

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Much present-day administrative adjudication takes place in a procedural context which is significantly different from that of the traditional regulatory agency. 1 In agency proceedings ranging from administrative enforcement under the Occupational Safety and Health Act to the resolution of claims under the veterans benefits acts, adjudication is conducted by tribunals which are practically and often formally independent of the administering or enforcement authority. Appeals or review functions are performed either by other independent administrative bodies or the courts. In the classic regulatory agencies the opposite was the case. In those agencies, the agency head invariably held the power of …

Shareholder Rights And Legislative Wrongs: Toward Balanced Takeover Legislation, John H. Matheson, Brent A. Olson

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In recent years, there has been a significant increase in the number of hostile share acquisitions of American businesses. The authors examine the validity of the various defensive measures employed by target companies to defeat or deter a hostile takeover bid. They argue that antitakeover activity should not be viewed as a separate subset of legal analysis; rather, it should be analyzed according to four traditional principles of corporate governance: (1) the discretion afforded corporate management by the business judgment rule; (2) the prohibition against discriminating between members of the same class of shareholders; (3) the prohibition against shifting control …

Major Developments At The Un Commission On Human Rights In 1991, Penny Parker, David Weissbrodt

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The forty-seventh session of the United Nations Commission on Human Rights met from 28 January to 8 March 1991. The session, overshadowed by the then ongoing Persian Gulf War, was the last before Commission membership was raised from forty-three to fifty-three to remedy the under-representation of developing countries. Discussions about a restructured agenda, as well as the possible need for additional meetings and more financial resources, were held in connection with this future enlargement of the Commission. The Commission adopted eighty-two resolutions and ten decisions, of which sixty-six resolutions and nine decisions were by consensus.(1) Among the most significant were …

Defendant Amenability To Treatment Or Probation As A Basis For Departure Under The Minnesota And Federal Sentencing Guidelines, Richard Frase

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No abstract provided.

Musings On A Clinic Report: A Selective Agenda For Clinical Legal Education In The 1990'S, Stephen F. Befort

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These are the alleged decline in live-client clinical education, the educational objectives of clinical education, the financing of clinics, the appropriate status for clinical faculty, and the relationships between clinical and nonclinical faculty. The report revealed that student demand for clinical instruction has not declined. It also identified eight pedagogical goals and a public-service goal for live-client clinical education. In addition, it recommended a strong effort to obtain increased financial support through Federal grants. Furthermore, it noted that the status of clinical faculty has improved considerably at many law schools, but the issue of faculty status will continue to be …

Hindsight And Causality, David Wasserman, Richard O. Lempert, Reid Hastie

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When people know how an event turned out, they are usually unable to reproduce the judgments they would have made without outcome knowledge. Furthermore, they are unaware of their inability to recapture their pre-outcome state of mind. This tendency to overestimate what they would have known without the outcome knowledge is called "hindsight." An experiment explored the moderating effects of the type of cause to which the outcome was attributed on the magnitude of the hindsight effect. When the outcome was attributed to unforeseeable "chance" factors, such as an unexpected storm or an earthquake, the hindsight effect was virtually eliminated. …

Lost On A One-Way Street: The Taxpayer's Ability To Disavow Form, William S. Blatt

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No abstract provided.

1992: The Case Of Financial Services, Caroline Bradley

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No abstract provided.

Competitive Deregulation Of Financial Services Activity In Europe After 1992, Caroline Bradley

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No abstract provided.

The Lockett Paradox: Reconciling Guided Discretion And Unguided Mitigation In Capital Sentencing, Scott E. Sundby

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No abstract provided.

Legal Images Of Battered Women: Redefining The Issue Of Separation, Martha R. Mahoney

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No abstract provided.

The Duty To Respect Generally Accepted International Standards, Bernard H. Oxman

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No abstract provided.

Beyond Griswold: Foucauldian And Republican Approaches To Privacy, Stephen J. Schnably

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No abstract provided.

Environmental Warfare [Comment], Bernard H. Oxman

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No abstract provided.

Human Rights As Rhetoric: The Persian Gulf War And United States Policy Toward Iraq, Kunal Parker, Peter M. Labonski

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No abstract provided.

College Presidents And The Ncaa Presidents' Commission: All Bark And No Bite, Laurence M. Rose

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No abstract provided.

Sentencing Reform In Minnesota, Ten Years After: Reflections On Dale G. Parent's Structuring Criminal Sentences: The Evolution Of Minnesota's Sentencing Guidelines, Richard Frase

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No abstract provided.

Some Current Tax Aspects Of Foreign Investment In Us Businesses, Joseph Isenbergh

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No abstract provided.

A Tribute To Justice William J. Brennan, Jr., Richard A. Posner

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No abstract provided.

The Section Of Taxation: The First Fifty Years, James P. Holden, Harry K. Mansfield, John S. Nolan, K. Martin Worthy, James B. Lewis, Don V. Harris Jr., Mac Asbill Jr.

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No abstract provided.