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Why Do Juries Get A Bum Rap: Reflections On The Work Of Valerie Hans, Richard O. Lempert Jan 1998

Why Do Juries Get A Bum Rap: Reflections On The Work Of Valerie Hans, Richard O. Lempert

Articles

The paper by Professor Valerie Hans that I have been asked to comment on examines the widespread expectation that jurors are prepared to hold businesses responsible in tort actions when they would not hold individual actors similarly responsible.1 Two reasons are commonly offered for this expectation. The first is that jurors naturally sympathize with individuals (like themselves) when people sue businesses, either because they identify with the plaintiffs as individuals or because they hold antibusiness attitudes. The second is that because businesses are often wealthy, a "deep pockets" effect exists such that jurors in negligence cases will find for undeserving …


Built On Lies: Preliminary Reflections On Evidence Law As An Autopoetic System, Richard O. Lempert Jan 1998

Built On Lies: Preliminary Reflections On Evidence Law As An Autopoetic System, Richard O. Lempert

Articles

This Symposium on Truth and Its Rivals seems most concerned with what one might think of as the "output" side of evidence law that is, whether the rules of evidence enhance the likelihood that trial verdicts will capture the true state of the matter giving rise to the litigation. From this perspective, the legitimate rivals to truth are values that may justify decisions that eclipse the truth. The most obvious examples are rules of privilege, which allow probative information to remain concealed even where it is essential to accurate fact finding.


The Role Of Clinical Programs In Legal Education, Suellyn Scarnecchia Jan 1998

The Role Of Clinical Programs In Legal Education, Suellyn Scarnecchia

Articles

In clinic, students get a glance at the lawyer they will be someday. They gain confidence that, indeed, they will be a "good" lawyer. They understand the context in which their classroom learning will be applied. In short, they are able to integrate their law school experience.


Corporate Judgement Proofing: A Response To Lynn Lopucki's 'The Death Of Liability', James J. White Jan 1998

Corporate Judgement Proofing: A Response To Lynn Lopucki's 'The Death Of Liability', James J. White

Articles

In "The Death of Liability" Professor Lynn M. LoPucki argues that American businesses are rendering themselves judgment proof.- Using the metaphor of a poker game, Professor LoPucki claims American businesses are increasingly able to participate in the poker game without putting "chips in the pot." He argues that it has become easier for American companies to play the game without having chips in the pot because of the ease with which a modern debtor can grant secured credit, because of the growth of the peculiar form of sale known as asset securitization, because foreign havens for secreting assets are now …


The Death Of A Friendly Critic, James J. White Jan 1998

The Death Of A Friendly Critic, James J. White

Articles

Our colleague, Andy Watson, died April 2. Andy was one of the handful of preeminent law professor/psychiatrists. In that role he wrote dozens of articles and several important books, including Psychiatry for Lawyers, a widely used text. I do not write to remind us of his scholarly work, of his strength as a clinical and classroom teacher, or of his prominence as a forensic psychiatrist. I write to remind us of his powerful criticism of our teaching. On the occasion of his death, it is right to recognize his influence on the law school curriculum and to consider whether his …


The Future Of Physician-Assisted Suicide, Yale Kamisar Jan 1998

The Future Of Physician-Assisted Suicide, Yale Kamisar

Articles

I believe that when the Supreme Court handed down its decisions in 1997 in Washington v. Glucksberg and Vacca v. Quill, proponents of physician-assisted suicide (PAS) suffered a much greater setback than many of them are able or willing to admit.


The Reluctant Justice: Lewis F. Powell Jr. Personifies The 'Quality Of Attentiveness', Christina B. Whitman Jan 1998

The Reluctant Justice: Lewis F. Powell Jr. Personifies The 'Quality Of Attentiveness', Christina B. Whitman

Articles

Lewis F. Powell Jr. came to the U.S. Supreme Court in 1972 reluctantly and at an age when many professionals are anticipating retirement rather than a career change. But the Court suited him. He grew to love the work, although he often found it agonizing, and he thrived on the role he played in the history of the Constitution.


Lesbian Divorce: A Commentary On The Legal Issues, David L. Chambers Jan 1998

Lesbian Divorce: A Commentary On The Legal Issues, David L. Chambers

Articles

Lesbian couples who break up will find themselves in an awkward position under the law for two separable but related reasons. The first is that, because they were unmarried, they are subjected by the law to much the same uneven and ambivalent treatment to which unmarried heterosexual couples are subjected. The second, of course, is that they are gay or lesbian and thus regarded with special disfavor even in some states that have become more tolerant of unmarried heterosexual relationships. As a law teacher who is gay and who writes about family law issues relating to gay men and lesbians, …


On Unit Sum Number Of Rings And Modules, Brendan Goldsmith, S. Pabst, A. Scott Jan 1998

On Unit Sum Number Of Rings And Modules, Brendan Goldsmith, S. Pabst, A. Scott

Articles

No abstract available


In Defense Of Recoupment: Why Setoff Of Prepetition Utility Deposits Against Prepetition Debt Is Not Subject To The Automatic Stay, Gary E. Sullivan Jan 1998

In Defense Of Recoupment: Why Setoff Of Prepetition Utility Deposits Against Prepetition Debt Is Not Subject To The Automatic Stay, Gary E. Sullivan

Articles

No abstract provided.


Rodrigo's Committee Assignment: A Skeptical Look At Judicial Independence Judicial Independence And Accountability Symposium, Richard Delgado Jan 1998

Rodrigo's Committee Assignment: A Skeptical Look At Judicial Independence Judicial Independence And Accountability Symposium, Richard Delgado

Articles

No abstract provided.


Making Pets: Social Workers, Problem Groups, And The Role Of The Spca--Getting A Little More Precise About Racialized Narratives Commentary, Richard Delgado Jan 1998

Making Pets: Social Workers, Problem Groups, And The Role Of The Spca--Getting A Little More Precise About Racialized Narratives Commentary, Richard Delgado

Articles

No abstract provided.


Evaluation Of Implicit Numerical Methods For Building Energy Simulation, Michael Crowley, Saleem Hashmi Jan 1998

Evaluation Of Implicit Numerical Methods For Building Energy Simulation, Michael Crowley, Saleem Hashmi

Articles

The stability of numerical methods used for finite-difference thermal modelling of buildings is discussed. A known instability in a commonly used process is described and alternative numerical methods with suitable stability properties are identified. With a view to selecting the optimum numerical method, the building energy simulation problem is characterized mathematically and appropriate implicit solvers are compared on the basis of accuracy and computational effort using a building related test problem prepared for this purpose. A recently developed numerical method with the necessary strong stability is found to possess higher computational efficiency than methods frequently used in this application and …


The De Minimus Exemption Of Stored Value Cards From Regulation E: An Invitation To Fraud?, Sean M. O'Connor Jan 1998

The De Minimus Exemption Of Stored Value Cards From Regulation E: An Invitation To Fraud?, Sean M. O'Connor

Articles

How valuable is $100? To a student? To a single unemployed parent? To a well-compensated professional? The Federal Reserve Board apparently believes that the potential loss of $100 is not a tremendous burden on anyone. In a recently proposed rule, the Board exempts stored value cards[that contain less than $100 from the same regulations that protect consumers from most types of fraud associated with ATM, debit, and credit cards. Regulation E (Reg E) currently regulates the electronic funds transfers (EFTs) that are at the heart of ATM/debit/credit card transactions by requiring printed receipts, error resolution procedures, periodic statements, initial disclosure …


Yearning For Lake Wobegon: The Quest For The Best Test At The Expense Of The Best Education, Lisa Kelly Jan 1998

Yearning For Lake Wobegon: The Quest For The Best Test At The Expense Of The Best Education, Lisa Kelly

Articles

This article first will outline the various tests or assessments. Next, recent federal and state mandates for standardized testing of elementary school children will be examined. Then, the educational literature will be reviewed to expose the dangers of testing, particularly in the early grades. Finally, I will urge that the Clinton administration, Congress, and the states step back from this manner of securing educational adequacy. These governmental policies are rooted in the stated intention of guaranteeing that all schools are doing right by all of the children. However, early testing fosters the opposite result-educational inequity through tracking, retention, and the …


Child Sexual Abuse In Ireland: An Historical And Anthropological Note, Kevin Lalor Jan 1998

Child Sexual Abuse In Ireland: An Historical And Anthropological Note, Kevin Lalor

Articles

Child sexual abuse in Ireland has entered the public domain only in the last twenty years. This process was accelerated by a number of high profile cases which became public in the mid 1990s. Prior to the recent past, few references to child sexual abuse in Ireland exist. The first written evidence is found in the Penitentials of the early Christian period. Penance is specified for those that “misuse” children. Mention of adult child sexual relations is also found in the Brehon law texts. Historians, sociologists and anthropologists of childhood suggest that patterns of child rearing vary across time and …


The Changing Nature Of Theory And Practice In Marketing: On The Value Of Synchrony, Aidan O'Driscoll, John Murray Jan 1998

The Changing Nature Of Theory And Practice In Marketing: On The Value Of Synchrony, Aidan O'Driscoll, John Murray

Articles

Any academic discipline with a closely associated area of professional endeavour is profoundly affected by the relationship between its theory and practice. Synchrony in theory and practice adds value to the management of enterprise and to the advance of the discipline. Mindful of this assertion, this article explores the changing nature of theory and practice in marketing. It examines current trends in marketing practice which are occurring as a result of change in markets, technology and organisations. It assesses the state of theory in six subfields of marketing. It also considers developments in closely related management disciplines as well as …


An Analysis Of The Forty-Ninth Session Of The United Nations Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, David Weissbrodt, Shinobu Garrigues, Roman Kroke Jan 1998

An Analysis Of The Forty-Ninth Session Of The United Nations Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, David Weissbrodt, Shinobu Garrigues, Roman Kroke

Articles

The United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities convened its 49th Session from August 4 through August 29, 1997, in Geneva, Switzerland. 1 Under the authority of the U.N. Charter, the Economic and Social Council (ECOSOC) established the Sub-Commission in 1947 as a subsidiary body of the Commission on Human Rights. 2 ECOSOC also created two other sub-commissions at the same time, one to focus on women's rights 3 and the other to deal with freedom of information and freedom of the press. 4 The original mandate of the Sub-Commission was to recommend standards in pursuit …


A Feminist Interpretation Of The Law Of Legitimacy, Mary Louise Fellows Jan 1998

A Feminist Interpretation Of The Law Of Legitimacy, Mary Louise Fellows

Articles

I am actually going to continue Professor Ead's discussion on procreation and think about it in a slightly different way. As an inheritance law scholar, the definition of the parent-child relationship has obvious importance to me because it determines who is an heir. As a feminist scholar, the definition is also significant to me because the legal rules regarding the parent-child relationship provide a unique perspective on the dialectical link between property and family.


Sexual Dis-Orientation: Transgendered People And Same-Sex Marriage, Mary I. Coombs Jan 1998

Sexual Dis-Orientation: Transgendered People And Same-Sex Marriage, Mary I. Coombs

Articles

In this Article, Professor Coombs argues that the debate about same-sex marriage has wrongfully ignored transgendered people and their relationships. She provides an overview of arguments made by opponents of same-sex marriage, such as tradition, procreation, child-rearing, and family values. She then examines cases involving transsexual marriages and uses this analysis to deconstruct the same-sex marriage debate. Professor Coombs argues that an honest consideration of transgendered people and their relationships forces a re-evaluation of arguments against same-sex marriage and disrupts the gendered patriarchy on which traditional marriage rests. Marriage should be seen as a relationship between two people, regardless of …


Domestic Violence In Black And White: Racialized Gender Stereotypes In Gender Violence, Zanita E. Fenton Jan 1998

Domestic Violence In Black And White: Racialized Gender Stereotypes In Gender Violence, Zanita E. Fenton

Articles

No abstract provided.


Article 2b As Legal Software For Electronic Contracting-Operating System Or Trojan Horse?, A. Michael Froomkin Jan 1998

Article 2b As Legal Software For Electronic Contracting-Operating System Or Trojan Horse?, A. Michael Froomkin

Articles

The proposed draft of Article 2B of the Uniform Commercial Code can be thought of as akin to a complex computer software suite which seeks to dominate a market by offering all things to all people. The author suggests, however, that Article 2B's electronic contracting rules interoperate poorly with existing digital signature laws, and with some forms of electronic commerce. The author also questions whether Article 2B is the proper means to enact controversial rules that ordinarily would make consumers liable for fraudulent uses of their digital signatures by third parties. After considering Article 2B's potential interaction with existing digital …


Religion, Gender, Sexuality, Race And Class In Coalitional Theory: A Critical And Self-Critical Analysis Of Latcrit Social Justice Agendas, Elizabeth M. Iglesias, Francisco Valdes Jan 1998

Religion, Gender, Sexuality, Race And Class In Coalitional Theory: A Critical And Self-Critical Analysis Of Latcrit Social Justice Agendas, Elizabeth M. Iglesias, Francisco Valdes

Articles

No abstract provided.


"We're All Stuck Here For A While": Law And The Social Construction Of The Black Male, D. Marvin Jones Jan 1998

"We're All Stuck Here For A While": Law And The Social Construction Of The Black Male, D. Marvin Jones

Articles

No abstract provided.


Observations On The Interpretation And Application Of Article 43 Of Unclos With Particular Reference To The Straits Of Malacca And Singapore, Bernard H. Oxman Jan 1998

Observations On The Interpretation And Application Of Article 43 Of Unclos With Particular Reference To The Straits Of Malacca And Singapore, Bernard H. Oxman

Articles

No abstract provided.


Race Trials, Anthony V. Alfieri Jan 1998

Race Trials, Anthony V. Alfieri

Articles

No abstract provided.


Reflections On Teaching In Chile, Janet Stearns Jan 1998

Reflections On Teaching In Chile, Janet Stearns

Articles

No abstract provided.


The Stein Years--A Time Of Advancement And Prosperity, Edward S. Adams Jan 1998

The Stein Years--A Time Of Advancement And Prosperity, Edward S. Adams

Articles

When the seven-year administrationof the school's sixth dean,CarlA Auerbach,ended,thenewLawSchoolbuildinghad become a reality, and Dean Auerbach's principal goal was achieved. As Auerbachpassedthe torchto RobertA Stein, how- ever, he did so amid controversy and widespreadfrustration at the Law School with the legislatureregardingbudgets and class size. Stein,atageforty,wasyoung,energetic,andableto achieve the balanceofwhatDeanAuerbach termed "scholarlyattainment with administrativesavvy." As Stein ascended to the ranks of what he describedas "thebest law school deanshipopportunity in the country,"' he was unanimously viewed as an "extremely ener- getic, enthusiasticand responsive man. 2 Chosen because he was perceived by both faculty members and administratorsalike as an open, easygoingperson who was able to …


Notes From The Editorial Advisory Board, James Boyd White Jan 1998

Notes From The Editorial Advisory Board, James Boyd White

Articles

The tenth anniversary of this Journal is an occasion not only for celebrating its remarkable achievements, but also for thinking again about the nature and premises of the work it reflects. One way to begin might be with its two central terms, "law" and "humanities" (or the obvious alternative to the second, "literature").


Of Flutes, Oboes And The As If World Of Evidence Law, Richard O. Lempert Dec 1997

Of Flutes, Oboes And The As If World Of Evidence Law, Richard O. Lempert

Articles

Reading Allen's article, I am reminded of a cold war parable I heard during the 1960s. It concerned a flute and an oboe who joined an orchestra one year and immediately set to quarrelling. The flute was distressed because whenever it was playing at its lyrical best the oboe would enter. drowning it out. The oboe was affronted because its deepest, most sonorous passages were invariably ruined by the high-pitched flute butting in. When the orchestra split up for the summer and these quarrelsome instruments went their separate ways, the flute, as it angrily contemplated the oboe, found itself stretching …