Digital Commons Network^™

Bad Faith Breach Of Contract By First-Party Insurers, Alan O. Sykes

Articles

Insurers may at times exploit the delay inherent in the civil litigation process to induce needy insureds to settle for less than the amount that the contract promises. The prospect of extracontractual remedies for such "bad faith" at the end of the litigation process can make these tactics unprofitable and thus serve a potentially valuable function. But the remedy may be worse than the problem, as the courts seem to find bad faith on the part of insurers who have genuine and reasonable disputes with their policyholders over the terms of the policy or over factual issues essential to the …

The End Of The Line: An Empirical Study Of Judicial Waiver, Marcy Rasmussen Podkopacz, Barry C. Feld

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Judicial waiver decisions, which affect the most serious or persistent juvenile offenders, require a sentencing policy choice between rehabilitation in juvenile court and punishment in adult criminal court. The judicial waiver policy and processes in Hennepin County MN are analyzed.

The Importance Of Being Honset - Lessons From An Era Of Large-Scale Financial Fraud, Anita Ramasastry, Thomas C. Baxter

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In recent years, we have seen a series of staggering losses sustained by large multinational banking organizations. The Daiwa Bank ("Daiwa"), Barings Bank ("Barings") and the Bank of Credit and Commerce International ("BCCI") are three prominent examples. Each of these institutions suffered losses in excess of $1 billion through unauthorized, fraudulent or unlawful conduct by management. In each of these institutions, there existed a key bank official who broke through what might be considered a billion dollar barrier. At Daiwa Bank's New York Branch, there was Toshihbe Iguchi, its Senior Vice President and bond trader. Barings Bank had Nick Leeson, …

Speaking Truth To Power: The Jurisprudence Of Julia Cooper Mack, Walter J. Walsh

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In 1975, upon her appointment to the District of Columbia Court of Appeals, Julia Cooper Mack broke the double barrier of race and gender by becoming the first woman of color ever appointed to any American court of last resort. Over the last two decades, Judge Mack has authored hundreds of opinions articulating a powerful critical jurisprudence previously unheard on the highest level of our judiciary. In the pages that follow, several scholars join the Editors of the Howard Law Journal in suggesting that Judge Mack's life and work warrant careful scrutiny. This symposium explores the roots, development, and substance …

Divining The Deep And Inscrutable: Toward A Gender-Neutral, Child-Centered Approach To Child Name Change Proceedings, Lisa Kelly

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While largely a matter of social convention, the surnames that children bear have been regulated by the law as well. In certain circumstances, the law has attempted to regulate the surnames given to children at birth, but more often the law has come into play when a change of name is sought for the child: It is at this point that the law dictates to family members what it values and what it will forbid as the law goes about the business of enforcing societal norms. This article will look at the role of naming and name changing and the …

Doctrine Of Equivalents After Hilton Davis: A Comparative Law Analysis, Toshiko Takenaka

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This Article will address a number of major topics. First, it discusses the Federal Circuit's renewed interest in Graver Tank and the merger of the infringement test with the patentability test established by the Supreme Court in Graham v. John Deere Co. Then, this Article responds to the dissenting judges in Hilton Davis who emphasized the danger of uncertainty that stems from the in-principle application of the doctrine of equivalents. This response explains that the application of the doctrine does not increase the uncertainty in determining infringement but, rather, encourages clear, definitive claim drafting. It then examines the relationship …

What About The Children? Are Family Lawyers The Same (Ethically) As Criminal Lawyers? A Morality Play, Robert H. Aronson

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A fictional account of a lawyer, representing a woman in a divorce case, who learns from her client that her live-in boyfriend has hit her and her five-year-old daughter. Is her ethical duty to protect the child greater than her responsibility to maintain the attorney-client privilege. She discusses the matter with two evidence professors in search of a solution.

Why I Write, James Boyd White

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It is a great honor for me to speak to you on this occasion, celebrating the publication of such an original and important book. It is a pleasure of a different kind as well, for Lash LaRue is an old and good friend, and I welcome the chance to join with others in congratulating him.

The Uniform Probate Code Extends Antilapse-Type Protection To Poorly Drafted Trusts, Lawrence W. Waggoner

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The Uniform Law Commission' promulgated a revised version of Article II of the Uniform Probate Code (UPC or Code) in 1990, and approved a set of technical amendments in 1993. As Director of Research and Chief Reporter for the Joint Editorial Board for the Uniform Probate Code (Board)2 and reporter for the UPC Article II drafting committee, I was privileged to serve as the principal drafter of these provisions. UPC Article II deals with the substantive rules governing donative transfers - intestacy; spouse's elective share; execution, revocation, and revival of wills; rules of construction for wills and other donative transfers; …

Rights Of Subrogation In Letters Of Credit Transactions, James J. White

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The past twenty years have seen more than a dozen cases, in which parties to letter of credit transactions have sought subrogation to the rights of the person they have paid or to the rights of the persons on behalf of whom, they have acted.' The most obvious case arises when the issuer of a standby letter of credit pays a beneficiary on a debt that is owed to the beneficiary by a bankrupt applicant. Having failed to take 'collateral from the applicant, the issuer seeks to be subrogated to the security interest of the beneficiary. Failing subrogation, the issuer …

The 'Right To Die': On Drawing (And Erasing) Lines, Yale Kamisar

Articles

Until this year, no state or federal appellate court had ever held that there was a right to assisted suicide no matter how narrow the circumstances or stringent the conditions. In 1996, however, within the span of a single month, two federal courts of appeals so held; in an 8-3 majority of the Ninth Circuit (sitting en banc) in Compassion in Dying v. Washington and a three-judge panel of the Second Circuit in Quill v. Vacco. What heartened proponents of a right to physician-assisted suicide even more, and pleased those resistant to the idea even less, was that the two …

An Application Of Desktop Virtual Reality To The Hospitality Industry, Patrick Horan, Ciaran Mcdonnell

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This paper discusses research being carried out to produce real-time interactive Virtual Reality (VR) models of some areas of Tourism interest in Ireland. In particular, issues concerning the development of prototype VR models of an ancient Irish monastic village are described.

Car Wars: Valuation Standards In Chapter 13 Bankruptcy Cases, David G. Carlson

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No abstract provided.

Structures Of Environmental Criminal Enforcement, Michael E. Herz

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No abstract provided.

The Original Constitution And Our Origins, John O. Mcginnis

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The question why we should be bound by the original Constitution often is framed as why we should be guided by the dead hand of the past. The notion that this venerable document should be viewed as a possibly unfortunate constraint on our present potential as a society contains an implicit premise about man in history. According to this view, it is open to man to make his history in each generation through some collective cultural process. Given such a premise, it seems plausible to believe that each generation should enjoy the opportunity to decide anew whether to submit to …

Contingency Fee Abuses, Ethical Mandates, And The Disciplinary System: The Case Against Case-By-Case Enforcement, Lester Brickman

Articles

Contingency fee abuses are attracting increased public attention. Particular interest is focused on the enormous contingency fees generated by mass tort litigation; in some cases, lawyers are collecting multi-million dollar fees essentially for performing paralegal work. In addition, the relationship between the availability of enormous contingency fees and the amassing of thousands of claims of injury in order to dramatically shift the litigation dynamic in favor of plaintiffs is becoming increasingly apparent. For example, the possibility that major ongoing massive litigations, such as those involving silicone breast implants and the as yet nascent litigation involving the contraceptive Norplant, have much …

Bifurcation Of Undersecured Claims In Bankruptcy, David G. Carlson

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The article examines the legal implications of the Supreme Court's decision in Dewsnup v. Timm on the bifurcation of undersecured claims in bankruptcy law. It critiques the ruling for creating confusion and potential inequities, arguing that it may diverge from the intent of the Bankruptcy Code. The analysis highlights the need for clearer guidelines to ensure consistent and fair treatment of secured and unsecured claims across different bankruptcy chapters.

The Right To Self-Defense Once The Security Council Takes Action, Malvina Halberstam

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No abstract provided.

Fundamental Property Rights, Ronald J. Krotoszynski Jr.

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No abstract provided.

Remembrances Of William D. Murphy, Margaret A. Leary

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In mid-1988, as the time for me to assume the presidency of AALL at the end of the Atlanta meeting approached, the association's first executive director, William Jepson, announced that he would resign soon after the meeting. The presence of adequate staffing at headquarters had been a key element in my decision to run for president, so I was particularly appalled at the idea of the position being empty almost exactly as I took office. Then someone-I like to think it was Babe Russo but I can't remember definitely-suggested that Bill Murphy might be willing to serve as acting executive …

Camera For Conical Peripheral And Panoramic Photography, Andrew Davidhazy

Articles

This paper is a report on the development, operating principles and applications of a camera capable of making distortion free peripheral reproductions of conical objects. In addition, the parameters governing its use for the generation of conical panoramic photographs are also described. Examples of both types of applications are included. Suggestions for other applications are given. A brief review of the operating principles of standard peripheral, panoramic and linear type strip cameras is included in the introduction to the paper.

Towards Deciding The Existance Of 2-(22,8,4) Designs, Brendan Mckay, Stanislaw Radziszowski

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We report on progress on towards deciding the existence of 2-(22,8,4) designs without assuming any automorphisms. Using computer algorithms we have shown that in any such design every two blocks have nonempty intersection, every quadruple of points can occur in at most two blocks, and no three blocks can pairwise intersect in one point.

Internationale Handelsgessellschaft Mbh V.Einfuhrund Vorratsstelle Für Getreide Und Futtermittel (Favorite Case Symposium), James E. Krier

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The idea of a "favorite judicial opinion" had never occurred to me until the Texas Law Review planted it in my head; the Journal of the American Dental Association could as well have asked me to express some sentiments about my favorite toothache. I was at a loss to think of even a single candidate for what, until the event, I had apparently regarded as a nonexistent office. Why then did I decide to accept the Review's invitation? The answer is, in a word, curiosity: Never mind that the editors of a law review in Texas wanted to know what …

Judicial Selection In Michigan - Time For A Change?, John W. Reed

Articles

How are we to choose those who judge us? To whom do we entrust the responsibility of protecting our liberties and the power to determine our rights and liabilities? We look for men and women of integrity, diligence, legal ability, and judicial temperament, chosen by methods that balance judicial independence and public accountability.1

On Becoming A Law Professor, Terrance Sandalow

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Thirty-five years ago, when I first joined a law faculty, only one job description existed for law professors, that for the conventional classroom teacher. In the years since, the opportunities available to lawyers interested in teaching have become a bit more varied. In addition to conventional classroom teachers, a growing number of law teachers are employed by law schools to provide what I shall somewhat misleadingly call clinical instruction.1 Although these comments are addressed mainly to men and women interested in classroom teaching, a few lines about clinical teaching may be in order because the initial question for anyone considering …

Why Hard Cases Make Good (Clinical) Law, Paul D. Reingold

Articles

In 1992, when the University of California's Hastings College of Law decided to offer a live-client clinic for the first time, its newly hired director had to make several decisions about what form the program should take.1 The first question for the director was whether the clinic should be a single-issue specialty clinic or a general clinic that would represent clients across several areas of the law. The second question, and the one that will be the focus of this essay, was whether the program should restrict its caseload to "easy" routine cases or also accept non-routine, less controllable litigation. …

A Brief Defense Of Mass Market Software License Agreements, Robert W. Gomulkiewicz

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In the rapidly changing world of personal computer software, the end user license agreement ("EULA") has endured. The EULA is a familiar component of most personal computer software transactions. Many commentators, however, have maligned the practice of standard form software licensing. A survey of the literature on the subject might lead one to conclude that there are only critics--and no proponents--of EULAs.

Despite the din of criticism, EULAs continue to be widely usedby almost every mass-market software publisher, even though the cost of doing so is significant. This Article explains the value of EULAs for both software publishers and users, …

Rodrigo's Twelfth Chronicle: The Problem Of The Shanty Chronicle, Richard Delgado

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No abstract provided.

The Inevitable Wasteland: Why The Public Trustee Model Of Broadcast Television Must Fail - Abandoned In The Wasteland: Children, Television, And The First Amendment By Newton N. Minow And Craig Lamay 1997 Survey Of Books Relating To The Law: Legal Regulation And Reform, Ronald J. Krotoszynski Jr.

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No abstract provided.

Eliminate The Middle Man, Richard Delgado

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No abstract provided.