Digital Commons Network^™

Rationing Access To Medical Care: Some Sober Second Thoughts, Richard A. Epstein

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No abstract provided.

Remarks On Law And Literature, Richard A. Posner

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No abstract provided.

The Law And Economics Of Racial Discrimination In Employment: The Case For Numerical Standards, David A. Strauss

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No abstract provided.

How Not To Promote Serious Deliberation About Abortion, Michael W. Mcconnell

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No abstract provided.

Multiculturalism, Majoritarianism, And Educational Choice: What Does Our Constitutional Tradition Have To Say?, Michael W. Mcconnell

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No abstract provided.

Tuskegee Modern, Or Group Rights Under The Constitution, Richard A. Epstein

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No abstract provided.

Black, Brown, Poor & Poisoned: Minority Grassroots Environmentalism And The Quest For Eco-Justice, Michael H. Schill, Regina Austin

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No abstract provided.

The Strangest Attack Yet On Law And Economics, Richard A. Posner

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Judge Posner responds in this Article to Professor Jaffee. He first addresses Professor Jaffee's attempt to refute Law and Economics within its own terms by reference to the concept of efficient breach of contract. Judge Posner argues that even if some of Professor Jaffee's criticisms are true-which he doubts-the "efficient breach" concept and the damages remedies that it implies still provide the preferred approach to breach of contract problems. He points out that specific performance-Professor Jaffee's preferred remedy for breach-raises problems of its own, including bilateral monopoly and a need for continued judicial supervision of contracts. Regarding the alternative vision …

Crisis In The Criminal Justice System The Socio-Economic Struggle For Equality, Randolph N. Stone

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No abstract provided.

Introduction To The First Annual Review Of Community Property Law, Elizabeth Brandt

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No abstract provided.

Administrative Substance Twenty-Second Annual Administrative Law Issue, Cass R. Sunstein

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No abstract provided.

Justice By Geography: Urban, Suburban, And Rural Variations In Juvenile Justice Administration, Barry C. Feld

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Despite statutes and rules of statewide applicability, juvenile justice administration varies consistently with urban, suburban, and rural social structure and context. In urban counties, which are more heterogenous and diverse, juvenile justice intervention is more formal, bureaucratized, and due process-oriented. Formality is associated with greater severity in pre-trial detention and sentencing practices. By contrast, in more homogeneous and stable rural counties, juvenile courts are procedurally less formal and sentence youths more leniently. The Article explores the implications of "justice by geography" for juvenile justice policy.

The 42nd Session Of The Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, Reed Brody, Maureen Convery, David Weissbrodt

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The UN Sub-Commission on Prevention of Discrimination and Protection of Minorities began its forty-second session' on 6 August 1990 under unusual pressure; meeting four days after Iraq's invasion of Kuwait, it faced a tense world situation with an overcrowded agenda of studies and human rights violations in particular count

Employee Handbooks And The Legal Effect Of Disclaimers, Stephen F. Befort

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In his article, Professor Befort discusses the use of employee handbook disclaimers in the workplace. He begins the article with an examination of the employment-at-will rule, its history, and exceptions which recently have been utilized by courts that refuse to apply the rule under certain conditions. He then turns to the use of handbook disclaimers and explores the varying contexts in which courts agree or decline to enforce them. Finally, Professor Befort offers a somewhat different approach which takes into account both the benefits employers derive from the use of handbooks and the reasonable expectations they instill in employees.

Bfoq Revisited: Johnson Controls Halts The Expansion Of The Defense To Intentional Sex Discrimination, Stephen F. Befort

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The bona fide occupational qualification (BFOQ) is a statutory defense to intentional discrimination under Title VII. 1 The BFOQ defense permits an employer to adopt an otherwise facially discriminatory employment practice if "reasonably necessary to the normal operation of that particular business. . . ." 2 Both the courts and the Equal Employment Opportunity Commission (EEOC) have traditionally interpreted this defense very narrowly. A gender-based employment classification, for example, qualifies as a BFOQ only if the failure to adopt a single-sex policy undermines the employer's ability to accomplish its essential business mission. 3

The Government And Union Democracy, Theodore J. St. Antoine

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The desirability of union democracy is generally regarded today as a self-evident proposition. In this Symposium Clyde Summers treats it as a "fundamental premise." But there have always been reputable scholars who would support the thesis, in greater or lesser degree, that "democracy is as inappropriate within the international headquarters of the UAW as it is in the front office of General Motors."

Expert Evidence, Samuel R. Gross

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It seems that the use of expert witnesses in common law courts has always been troublesome. In his Treatise on the Law of Evidence, first published in 1848, Judge John Pitt Taylor describes several classes of witnesses whose testimony should be viewed with caution, including: enslaved people (which accounts for "the lamentable neglect of truth, which is evinced by most of the nations of India, by the subjects of the Czar, and by many of the peasantry in Ireland"); women (because they are more susceptible to "an innate vain love of the marvelous"); and "foreigners and others ... living out …

Who Should Live-Or Die? Who Should Decide?, Yale Kamisar

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TRIAL asked Professor Kamisar questions on legal and ethical issues surrounding the right to die, a subject attracting increasing interest across the country and around the world.

Dangerous Liaisons: Seduction And Betrayal In Confidential Press-Source Relations, Lili Levi

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No abstract provided.

On Separable Torsion- Free Modules Of Countable Density Character, R. Gobel, Brendan Goldsmith

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The endomorphism algebras of modules of large cardinalities have been extensively studied in recent years using the combinatorial set-theoretic techniques of Shelah-the so-called black-box methods (see, e.g., [4, 5, 151). Despite the spectacular success of these methods, they are not suitable for realization theorems at small carinalities. Of course at the level of countability (or rather more generally for cardinals ~2’~) there are in some cases the original dramatic results of A. L. S. Corner [ 1, 2, 31 and the more recent generalizations of Gobel and May [ 111. Very recently the study of realization problems at cardinalities

Collateral Estoppel As A Basis For Attorney Discipline: The Next Step, Lester Brickman, John M. Bibona

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An attorney convicted of a serious crime involving moral turpitude may be consequently disciplined for violation of DR 1-102(A)(5) of the Model Code of Professional Responsibility or Rule 8.4 of the Model Rules of Professional Conduct without the need for relitigating the issue of the attorney's criminal guilt. Likewise, when an attorney is disbarred in one jurisdiction, he can be disbarred by another jurisdiction without relitigating the underlying facts which were the basis for the initial disbarment. When courts thus discipline lawyers, they are invoking collateral estoppel to prevent the attorney from relitigating an issue raised and resolved against him …

Zero-Based Racial Politics And An Infinity-Based Response: Will Endless Talking Cure America's Racial Ills Colloquy, Richard Delgado

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No abstract provided.

The Marcus Garvey Case: A Law And Power Theory Analysis Of Political Suppression Of Human Dignity, Steven H. Hobbs, Frank H. Fitch Iii

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No abstract provided.

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 …

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.

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 …

Rethinking The Relationship Between Antidumping And Antitrust Laws, Daniel Gifford

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

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No abstract provided.