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Nonlawyers In The Business Of Law: Does The One Who Has The Gold Really Make The Rules?, Thomas R. Andrews

Articles

For at least sixty years nonlawyers have been prohibited from offering their nonlegal talents in a business combination with lawyers practicing law. Moreover, when the ABA's new model rules were adopted in 1983, the ABA considered carefully but rejected a proposal that would have lifted the traditional ban on nonlawyer ownership of a law business. Nonetheless, the point of each article was that the relevant restrictions in the ethical rules are on their way out.

Commentators have given considerable attention to the unauthorized practice of law by nonlawyers, and to the offering of legal services by nonprofit institutions. The focus …

The Lesson Of The Owl And The Crows: The Role Of Deception In The Evolution Of The Environmental Statutes, William H. Rodgers, Jr.

Articles

In this world of strategies and counterstrategies, the advantages of the good fake are not to be overlooked. Fakery is an indelible part of the landscape in settings where we readily accept the gaming metaphor—sporting events are the obvious examples. But I wish to emphasize how fakery and deception can play an important role in legal interactions as well, particularly in the writing of the environmental statutes. Environmental lawyers often are fond of borrowing examples from natural history to illustrate propositions of law. There is more to this practice than habit, it seems to me, because the natural laws of …

First Person Singular, John W. Reed

Articles

The hot topic in legal circles is the decline of professionalism. In this often negative age, it ranks right up there with "What's wrong with American schools?" and "Where will we live when the ozone is gone?" and "How can we get a handle on drugs?"-all those terrible things.

The Political Economy Of Barry Commoner, James E. Krier

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The centerpiece of what follows is an article by Barry Commoner that appeared in The New Yorker magazine in 1987.' The article, although an essentially popular work, is for several reasons worth the attention of a community professionally interested in law and the environment. First, it distills and supplements views that Commoner has advanced with much prominence throughout the life-twenty years to date-of the environmental movement in the United States. Thus it provides an opportunity for the present generation's students of environmental law, many of whom seem to know nothing of Commoner and his ideas, to become familiar with a …

Mixed Modules In L, R. Gobel, Brendan Goldsmith

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By assuming the set-theoretic hypothesis V = L we show that, for a large class of rings R, there exist, for any regular not weekly compact cardinals K, strongly k-cyclic mixed R-modules having endomorphism algebra isomorphic to the split extension of the R-algebra A by the ideal of bounded endomorphism provided A is free qua R-module and K./Az/

The High Seas And The International Seabed Area, Bernard H. Oxman

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No abstract provided.

Drafting Wagner's Act: Leon Keyserling And The Precommittee Drafts Of The Labor Disputes Act And The National Labor Relations Act, Kenneth M. Casebeer

Articles

This Article analyzes the development of the National Labor Relations Act through the drafts of the original Act. The author traces the evolution of Senator Wagner's ideas through numerous policy and political battles to the passage of the NLRA in 1935. The author explores the development of the drafts and the historical context surrounding their creation to reveal the social theory of the drafters and illuminate previously unexplored undercurrents in the text of the Act itself. The author, through this novel approach to the NLRA, sets up a new way to view the 1935 Act, and evaluates subsequent amendments and …

Hiring Ruled Contractual, Bill Gore, Douglas A. Kahn, Stan Shields

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On December 29, 1988, the California Supreme Court decided Foley vs. Interactive Data Corp., perhaps the most eagerly awaited state supreme court decision in years. The Foley ruling, which immediately was hailed as a tremendous victory for California employers, eliminated punitive damage awards for many wrongfully terminated employees. That was good news for the employers. The decision, however, also provided employers with sobering news. Most significantly, the court ruled that employment relationships essentially are contracts, with terms created by the reasonable expectation of the parties. Thus, the majority of California employees now have a right to sue for breach …

Determination Of The Burst Initiation Location And The Tear Propagation Velocity During Air Burst Testing Of Latex Condoms, Andrew Davidhazy

Articles

The stress testing of latex condoms by an air burst procedure has been slow in gaining industry acceptance because questions have been raised regarding the influence of the test apparatus on the likelihood of breakage occurring where the condom is attached to the inflation device. It was desired to locate the areas at which the condoms tend to burst and thus corroborate or disprove these claims. Several factors associated with the bursting condom demanded the use of special instrumentation to detect and study the burst initiation process. Microsecond duration electronic flashes were used for the initial stages of the investigation. …

Poison Pills And Litigation Uncertainty, Charles M. Yablon

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The article argues that the legal uncertainty surrounding poison pills in corporate takeovers is not accidental but a result of deliberate strategies by judges and corporate lawyers. This uncertainty encourages negotiation between incumbent management and raiders, preventing either side from having absolute control. The analysis explores the implications of this uncertainty, particularly its impact on the balance of power and management's ability to influence takeover outcomes. It also considers whether maintaining this uncertainty is more beneficial than establishing clear legal rules regarding poison pills.

Scholars' Reply To Professor Fried, Yale Kamisar, Lee C. Bollinger, Judith C. Areen, Barbara A. Black

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As Solicitor General of the United States, Charles Fried, like any good advocate, was often in the position of attempting to generate broad holdings from relatively narrow and particularistic Supreme Court decisions. This was especially true in affirmative action cases. There, the Department of Justice argued that cautious precedents actually stood for the broad proposition that measures designed to put members of disadvantaged groups on a plane of equality should, for constitutional purposes, be treated the same as measures intended to stigmatize or subordinate them. The Supreme Court, however, has consistently rejected this reading of its precedents and the broad …

Introduction To The Banking Law Symposium: A 200 Year Journey From Anarchy To Oligarchy, James J. White

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Each of the five articles in this symposium deals in one way or another with a single question: In what ways and to what end should banks be regulated? Although banks and bankers are the very symbols of a capitalist economy, banks and bankers are not free. No banker may set up business on his own; he must have a charter. With insignificant exceptions no bank or bank holding company can operate a steel mill, sell grass seed, manufacture snowmobiles, or engage in any other activity that is not related to banking. There are rules that limit the geographic scope …

Patents And The Progress Of Science: Exclusive Rights And Experimental Use, Rebecca S. Eisenberg

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In this article I analyze the proper scope of an experimental use exemption from patent infringement liability by comparing the rationales behind promoting technological progress through granting exclusive patent rights in inventions with competing arguments for promoting scientific progress by allowing all investigators to enjoy free access to the discoveries of other scientists. I begin by reviewing key features of the patent laws and theoretical justifications for granting patent monopolies in order to clarify the implications of existing patent doctrine and theory for an experimental use exemption. I then look to the literature in the sociology, history, and philosophy of …

Maximal Order Abelian Subgroups Of Symmetric Groups, J. M. Burns, Brendan Goldsmith

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No abstract available

Undersecured Claims Under Bankruptcy Code Sections 506(A) And 1111(B): Second Looks At Judicial Valuations Of Collateral, David G. Carlson

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No abstract provided.

The Reasonable Doubt Rule And The Meaning Of Innocence, Scott E. Sundby

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No abstract provided.

Zero-Based Racial Politics: An Evaluation Of Three Best-Case Arguments On Behalf Of The Nonwhite Underclass Commentary, Richard Delgado

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No abstract provided.

From The Shoulders Of Houston: A Vision For Social And Economic Justice Commemorative To Charles Hamilton Houston: Commemorative Articles, Steven H. Hobbs

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No abstract provided.

The Foreign Sovereign Immunities Act And Act Of State, Malvina Halberstam

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No abstract provided.

Congressional Abrogation Of Indian Treaties: Reevaluation And Reform, Michael Townsend

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The treaties between the United States and the Indians constitute a critical recognition and guarantee of Indian rights. They envision a "measured separatism"' for an important minority that is determined to maintain a distinct cultural and political identity.' Non-treaty rights are fragile: The Supreme Court has held that Indians are not citizens within the meaning of the Fourteenth Amendment,' and that Congress has "plenary power" over Indian affairs by virtue of its guardianship over their interests. Moreover, the United States has ended the formal negotiation process with the Indians, and apparently no further treaties will be concluded. Thus, Congress' power …

The Lesson Of The Red Squirrel: Consensus And Betrayal In The Environmental Statutes, William H. Rodgers, Jr.

Articles

The subjects of legislation and legislative change are undergoing a revival of sorts in United States' law schools. The academic community has offered a variety of theoretical visions on the nature of legislation—purposive and rational, irrational and political, the accidental outcome of competing interests, the imperfect product of high philosophy; the legislative process—formal and ritualistic, markets and auctions, plots and cabals, or publicregarding negotiations; and the individual legislators themselves—ritual players, auctioneers, maximizers of political gain, profiteers, and philosopher kings in shiny suits.

This author's personal approach to legal affairs of this sort is to draw on the laws of biology …

Panthers And Pinstripes: The Case Of Ezra Pound And Archilbald Macleish, Jean Stefancic, Richard Delgado

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No abstract provided.

The Right To Counsel In Juvenile Court: An Empirical Study Of When Lawyers Appear And The Difference They Make, Barry C. Feld

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No abstract provided.

Major Developments At The 1989 Session Of The Un Commission On Human Rights, Reed Brody, David Weissbrodt

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On 10 March 1989 the United Nations Commission on Human Rights concluded its six week session in Geneva with a number of significant decisions as to country situations in which human rights violations have occurred, including the establishment of a Special Rapporteur on Romania. The Commission also continued monitoring disappearances, torture, executions, religious intolerance, and mercenaries; approved a draft Convention on the Rights of the Child after nine years of discussion; promptly transmitted to the General Assembly a draft Second Optional Protocol to the International Covenant on Civil and Political Rights for the abolition of the death penalty; reaffirmed the …

Agency And Partnership: A Study Of Breach Of Promise Plaintiffs, Mary I. Coombs

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No abstract provided.

The Inside Counsel Movement, Professional Judgment And Organizational Representation, Robert Eli Rosen

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No abstract provided.

Corporate Debt Relationships: Legal Theory In A Time Of Restructuring, William Wilson Bratton

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No abstract provided.

Racism And Legal Doctrine (Reviewing Derrick Bell, And We Are Not Saved (1987)), Mary E. Becker

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No abstract provided.

Irregular' Asylum Seekers: What's All The Fuss?, James C. Hathaway

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In 1985, the Executive Committee of UNHCR noted its concern about "the growing phenomenon of refugees and asylum-seekers who, having found protection in one country, move in an irregular manner to another country..." (Conclusion No. 36, para. j). At first glance, one might not view this conclusion as objectionable. With all of the millions of refugees in the world, most of who have no protection, why should we be concerned about the lot of a bunch of ingrates who, having already found protection, now want to move on in search of greener pastures? Don't we really have better things to …

Family Feud: A Response To Robert Weisberg On Law And Literature, Richard H. Weisberg

Articles

The article engages in a critical dialogue with Robert Weisberg's work on the intersection of law and literature, particularly his skepticism toward the field's potential for sentimentality and his resistance to the literary text as a primary source of legal insight. The author argues that literature provides a unique lens for understanding the irrationalities and ethical dimensions of legal discourse, challenging Weisberg's dismissal of its value. The article contends that Law and Literature must embrace its subversive potential to critique legal assumptions and institutional language, while also addressing the broader cultural and epistemological challenges facing interdisciplinary scholarship.