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Memorials: Marian Gould Gallagher, Melissa Sue Landers, Penny A. Hazelton

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No abstract provided.

Recent Developments, Arms Control--Superpower Relations In The New Europe, Anita Ramasastry, Sharon Bowden

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No abstract provided.

Nepa At Twenty: Mimicry And Recruitment In Environmental Law, William H. Rodgers, Jr.

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We are gathered here to consider not so much a twenty year-old law but a twenty year-old that has been extraordinarily far-reaching and influential. In its own special way, the National Environmental Polic Act and the environmental assessment that it represents have become the legal equivalent of cultural fads such as Hula Hoops, Rubik's Cubes, and Air Jordans.

A good portion of this conference, I suspect, will be devoted to documenting the many measures of NEPA's significance—the legal business it has generated, the institutional moves it has inspired, the precious places it is credited with saving.

My opening remarks will …

Defining The Scope Of Broker And Dealer Duties -- Some Problems In Adjudicating The Responsibilities Of Securities And Commodities Professionals, Gregory A. Hicks

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The purpose of this Article is to stress the need for grounding broker-dealer duties in sound, articulated understandings of the investment markets, as well as defensible statements of the responsibilities and expectations of both customers and market professionals. This important need will be demonstrated through the use of several cases illustrating problematical or failed processes by which broker-dealer duties have been established.

This Article will focus primarily on two recent decisions, In re E.F. Hutton & Co., and Wasnick v. Refco, Inc., both of which have been criticized for inappropriately expanding broker and dealer duties. Each decision is …

Article Xx Of The Afl-Cio Constitution: Managing And Resolving Inter-Union Disputes, Lea B. Vaughn

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Labor, as embodied by the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), is perceived by many as a monolithic force but, in reality, is composed of a coalition of sometimes competing interests. Not surprisingly, and often raucously, the unions within the AFL-CIO compete for members in both representation and work assignment disputes. Traditional legal doctrine implies that National Labor Relations Board (NLRB or Board) proceedings present the only means to resolve inter-union disputes and that these disputes can be understood solely as legal issues; however, this is not the case. For almost thirty years, the AFL-CIO has …

A Need For Clarity: Toward A New Standard For Preliminary Injunctions, Lea B. Vaughn

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This Article examines the various standards for preliminary injunctions and demonstrates the ways in which the standards have become confused by irrelevant layers of meaning. Those layers of meaning are analyzed; nonfunctional accretions are discarded, and legitimate modem meanings are developed. The discussion is conducted against a background of assumptions about what makes a good standard, for example, accessibility and comprehensiveness. By modernizing the standard, the parties and the courts will frankly and openly discuss the underlying legal issues and values. This, in turn, should lead to more legitimate decisions.

Under a modernized standard, a court should redress immediate pretrial …

From The President, Penny A. Hazelton

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A series of From the President columns written by then President of the American Association of Law Libraries Penny A. Hazelton in 1990 and 1991.

Kevin E. Kennedy, David L. Chambers

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Our first encounter was on one of Kevin's many triumphant days during law school. Kevin, then a second year student, had advanced to the final round of the Campbell Competition, the moot court competition in which students brief and argue a case as if before the United States Supreme Court. I was one of the five "justices" who heard the case. The others were the dean and three distinguished appellate judges. Four students presented oral arguments and all were fine, but, Kevin's, the "Justices" agreed, was simply of a different order.

The First-Party Insurance Externality: An Economic Justification For Enterprise Liability, Jon D. Hanson, Kyle D. Logue

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This Article explores the insurance and deterrence implications of important and long overlooked facts. Consumers are insured through first-party mechanisms against most of the risks of product accidents. However, first-party insurers rarely and imperfectly adjust premiums according to an individual consumer's decisions concerning exactly what products she will purchase, how many of those products she will purchase, and how carefully she will consume them. Such consumer decisions we refer to as "consumption choices. " This failure by first-party insurers to adjust premiums according to consumption choices gives rise to a first-party insurance externality. Based on this insight, this Article offers …

Clinical Realism: Simulated Hearings Based On Actual Events In Students' Lives, Samuel R. Gross

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This essay describes a novel clinical format, a simulation course that is based on students' testimony about actual events in their own lives. The two main purposes of the course, however, are not novel. First, I aim to teach the students to be effective trial lawyers by instructing them in the techniques of direct examination and cross-examination and by making them sensitive to the roles of the other courtroom players: the witness, the judge, and the jury. Second, I hope to encourage the students to think about the social and ethical consequences of our method of trying lawsuits.

Afterword To Chicago-Kent Law Review, Theodore J. St. Antoine

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A unifying theme of this Symposium is as old and enduring as the common law: when and how can a well-established, successful adjudicative institution be adapted to meet the demands of new and substantially different situations? There have been splendid triumphs of transference, such as Lord Mansfield's appropriation of the law merchant in the eighteenth century as a major building block of modem commercial law. There have also been embarrassing failures, like the abortive effort to transport American labor law concepts en masse into the alien British environment of the early 1970s. The common question confronting the participants in this …

Risk, Courts, And Agencies, Clayton P. Gillette, James E. Krier

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Public risks are precisely the risks that have recently captured the attention of the legal community and the world at large, in no small part because they give rise to such novel problems for lawyers and such grave apprehensions among lay people. Public risks have moved the legal system to relax doctrines--regarding, for example, standards of causation and culpability, burdens of proof, sharing of liability--that were designed to deal with the private risks that once dominated the landscape. And public risks have moved lay people to intensify their demands for risk control measures. These developments suggest that public risks are …

The Two Faces Of Tax Neutrality: Do They Interact Or Are They Mutually Exclusive?, Douglas A. Kahn

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The term "tax neutrality" refers to at least two quite different concepts. In its most common usage, tax neutrality refers to tax provisions that conform to an ideal tax system. A tax provision that is consistent with such an ideal system is described as "neutral." A tax provision that cannot be reconciled with the ideal system is sometimes referred to as a "tax expenditure" item. I will discuss tax expenditures later in this paper.

Gideon V. Wainwright A Quarter-Century Later, Yale Kamisar

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In a brief working paper sent to all conference participants, Professor Burt Neuborne suggested that we might consider several themes, among them "Gideon Celebrated," "Gideon Fulfilled," and "Gideon Betrayed." I think these are useful headings.

Some Implications Of Cognitive Psychology For Risk Regulation, Roger G. Noll, James E. Krier

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Beginning with a set of books and articles published in the 1950s, cognitive psychologists have developed a new descriptive theory of how people make decisions under conditions of risk and uncertainty. A dominant theme in the theory is that most people do not evaluate risky circumstances in the manner assumed by conventional decision theory-they do not, that is, seek to maximize the expected value of some function when selecting among actions with uncertain outcomes. The purpose of this article is to consider some implications of the cognitive theory for regulatory policies designed to control risks to life, health, and the …

Generalization In Interpretive Theory, Joseph Vining

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There are arguments at large about the nature of legal interpretation, proceeding from an implicit proposition that interpretation is the same phenomenon or experience whatever its setting. An assumption that there is one phenomenon can be found in discussions among lawyers of interpretation and in discussions among nonlawyers of legal interpretation-and as often in the work of those who would deny there is any significance to theorizing about interpretation, as of those who think persuasion to a particular theory will have the utmost consequence for law and society. Proceeding from such a proposition, rather than toward it, raises the risk …

John Payne's Dream: A Brief History Of The University Of Alabama - School Of Law Library, 1887-1980, With Emphasis Upon Collection-Building, Paul M. Pruitt Jr., Penny Calhoun Gibson

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No abstract provided.

Norms And Narratives: Can Judges Avoid Serious Moral Error Colloquy, Richard Delgado, Jean Stefancic

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No abstract provided.

Stalking The Squeeze: Understanding Commodities Market Manipulation, Richard D. Friedman

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This article addresses the perplexing and important problem of how to distinguish valid, large-scale trading activity from a squeeze. Part I analyzes and reformulates what I will call the price-impact test, according to which manipulation is conduct motivated by its impact on price. This test, I contend, states a necessary but not sufficient condition for characterizing conduct as a squeeze. Part II offers a substantially different test, which I call the modified-sanctions approach. Under this approach, the price-impact test is used as a preliminary safe-harbor standard. The modified-sanctions approach goes further, however, recognizing that the essence of a squeeze is …

Risk And Design, James E. Krier

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Risk springs from uncertainty,' uncertainty invites error, and, since error can be costly, we would prefer to avoid it (provided, of course, that avoidance is not more costly yet). While there is much in the Noll and Krier article2 about judgmental error under conditions of risk and uncertainty, there is little about ways to avoid it. So avoidance-more accurately, minimization-of error costs is the topic I want to address very briefly and partially here.

Surrogate Motherhood From The Perspective Of Family Law, Carl E. Schneider

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One of the things that I find most puzzling about the question of surrogate motherhood is how easily many people answer it. One of the things that I have most admired about today's comments is their tone of constraint and their sense of complexity. I myself am sympathetic to the argument that the unhappiness of infertile couples is profound and that surrogacy contracts offer them the hope of an equally profound happiness. And I am prepared to believe that many surrogate mothers perform their part of the bargain without grief and even with gratification. Yet these benefits of surrogacy are …

Kevin E. Kennedy, Joseph Vining

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Our first encounter was on one of Kevin's many triumphant days during law school. Kevin, then a second year student, had advanced to the final round of the Campbell Competition, the moot court competition in which students brief and argue a case as if before the United States Supreme Court. I was one of the five "justices" who heard the case. The others were the dean and three distinguished appellate judges. Four students presented oral arguments and all were fine, but, Kevin's, the "Justices" agreed, was simply of a different order. Archibald Cox, when Solicitor General of the United States, …

The Public Domain, Jessica D. Litman

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This article examines the public domain by looking at the gulf between what authors really do and the way the law perceives them. Part I outlines the basics of copyright as a species of property and introduces the public domain's place within the copyright scheme. Copyright grants authors" ' rights modeled on real property in order to encourage authorship by providing authors with markets in which they can seek compensation for their creations. Because parcels of authorship are intangible, however, the law faces *problems in determining the ownership and boundaries of its property grants. In particular, the concept of "originality," …

Remembering The 'Old World' Of Criminal Procedure: A Reply To Professor Grano, Yale Kamisar

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When I graduated from high school in 1961, the "old world" of criminal procedure still existed, albeit in its waning days; when I graduated from law school in 1968, circa the time most of today's first-year law students were arriving on the scene, the "new world" had fully dislodged the old. Indeed, the force of the new world's revolutionary impetus already had crested. Some of the change that the criminal procedure revolution effected was for the better, but much of it, at least as some of us see it, was decidedly for the worse. My students, however, cannot make the …

James K. Robinson—56th President Of The State Bar Of Michigan, John W. Reed

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On September 14, 1990, James Kenneth Robinson became the 56th President of the State Bar of Michigan. The process that has brought him and the Bar to this good hour has produced a fortunate match between man and mission.

Bart Bartosic: What You See Is Not What You Get, Theodore J. St. Antoine

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With "Bart" Bartosic, what you see is not necessarily what you get. Anyone even vaguely acquainted with him knows I am not talking about duplicity; on occasion, Bart can be almost painfully forthright. Nonetheless, on first meeting, most persons are likely to view him as the very soul of politesse - perhaps actually too deferential and accommodating. Yet behind that beguiling exterior can be found a backbone of cast iron, a mind like a steel trap, and (to extend the metallic figure) a willingness, when the situation demands, to be as hard as nails in dealing with either ideas or …

Patenting The Human Genome, Rebecca S. Eisenberg

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The increasing promise of federal funding for mapping and sequencing the human genome has brought with it renewed attention in the research science community to issues of intellectual property protection for products of biotechnology research. Echoing concerns raised a decade ago in the debate over commercialization of academic biomedical research, scientists have called for the free availability of all information generated through the Human Genome Project and have argued against allowing private intellectual property rights in such knowledge. Meanwhile, private parties have quietly been obtaining patents on bits and pieces of the human genome from the Patent and Trademark Office …

Gender And Race Bias Against Lawyers: A Classroom Response, Suellyn Scarnecchia

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In reviewing other clinicians' approaches to teaching about bias, I identified problems that eventually led me to design a two-hour class session on bias against lawyers. The following is a review of a few other teaching methods and a description of my own approach, detailing its own strengths and weaknesses. This is not an exhaustive review of all possible approaches to bias. It is offered to promote classroom discussion of bias against lawyers and to invite the development of innovative alternatives to my approach.

The Air Toxics Dilemma: Whither Section 112?, Michael E. Herz

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The Clean Air Act was the product of a spasm of extraordinary political unanimity. Its actual implementation, however, has been divisive and controversial from the start. For two decades now, politicians, members of the regulated community, environmental activists, and academics have been debating whether the Act represents a rational investment (current expenditures for air pollution control are generally estimated at something above thirty billion dollars), uses optimal or even sensible regulatory mechanisms, or has accomplished anything at all.

Justice O'Connor's Opinion In Feist Publications, Inc. V. Rural Telephone Service Co.: An Uncommon Though Characteristic Approach, Marci A. Hamilton

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No abstract provided.