Digital Commons Network^™

The Modern Law Dean, John A. Miller

Articles

No abstract provided.

Report And Recommendations Of The Faculty Of The University Of Idaho College Of Law, John A. Miller

Articles

No abstract provided.

University Of Idaho College Of Law Clinical Program, Maureen Laflin

Articles

No abstract provided.

Strategic Directions In Legal Education For Idaho: The Report Of A Special Panel Appointed By The President Of The University Of Idaho, Donald L. Burnett Jr.

Articles

No abstract provided.

Idaho Court Assistance Office Project (Caop) Update, Patrick D. Costello

Articles

No abstract provided.

Catalytic Impact Of Information Technology On The New International Financial Architecture, Jane K. Winn

Articles

The sudden emergence of the Internet as a global network threatens to eclipse the importance of the global information infrastructure painstakingly built by financial institutions and their regulators over the past three decades. The open public nature of the Internet threatens the value of the closed proprietary networks developed by financial institutions that now face serious problems in integrating their legacy systems and new Internet systems.

Information system security, once a dreary back office matter, is now central to the success of e-commerce business plans. Before financial institutions can capitalize on their expertise in information system security, they will have …

Disorderly Conduct: Day Traders And The Ideology Of "Fair And Orderly Markets", Caroline Bradley

Articles

No abstract provided.

Expanding Directions, Exploding Parameters: Culture And Nation In Latcrit Coalitional Imagination, Elizabeth M. Iglesias, Francisco Valdes

Articles

No abstract provided.

Whiteness And Remedy: Under-Ruling Civil Rights In Walker V. City Of Mesquite, Martha R. Mahoney

Articles

No abstract provided.

Introduction Piercing Webs Of Power: Identity, Resistance, And Hope In Latcrit Theory And Praxis, Francisco Valdes

Articles

No abstract provided.

United States -- Tax Treatment For "Foreign Sales Corporations" Wto Doc. Wt/Ds108/Ab/R, Stanley I. Langbein

Articles

No abstract provided.

En/Gendering Equality: Seeking Relief Under Title Vii Against Employment Discrimination Based On Sexual Orientation, Anthony E. Varona, Jeffrey M. Monks

Articles

No abstract provided.

Deliberating About Dollars: The Severity Shift Empirical Study, Cass R. Sunstein, Daniel Kahneman, David Schkade

Articles

How does jury deliberation affect the predeliberation judgments of individual jurors? In this paper we make progress on that question by reporting the results of a study of over 500 mock juries composed of over 3000 jury eligible citizens. Our principal finding is that with respect to dollars, deliberation produces a "severity shift," in which the jury's dollar verdict is systematically higher than that of the median of its jurors' predeliberation judgments. A "deliberation shift analysis" is introduced to measure the effect of deliberation. The severity shift is attributed to a "rhetorical asymmetry," in which arguments for higher awards are …

Group Dynamics, Cass R. Sunstein

Articles

No abstract provided.

Television And The Public Interest, Cass R. Sunstein

Articles

The communications revolution has thrown into question the value of imposing public interest obligations on television broadcasters. But the distinctive nature of this unusual market-with "winner-take-all"features, with viewers as a commodity, with pervasive externalities from private choices, and with market effects on preferences as well as the other way around-justifies a continuing role for government regulation in the public interest. At the same time, regulation best takes the form, not of anachronistic command-and-control regulation, but of (1) disclosure requirements, (2) economic incentives ("pay or play"), and (3) voluntary self-regulation through a privately administered code. Some discussion is devoted to free …

American Advice And New Constitutions Global Affairs Experiences, Cass R. Sunstein

Articles

No abstract provided.

Too Pragmatic By Half (Reviewing Daniel A. Farber, Eco-Pragmatism: Making Sensible Environmental Decisions In An Uncertain World (1999)), Richard A. Epstein

Articles

No abstract provided.

The Constitutional Perils Of Moderation: The Case Of The Boy Scouts, Richard A. Epstein

Articles

No abstract provided.

Contest And Consent: A Legal History Of Marital Rape, Jill Elaine Hasday

Articles

No abstract provided.

Customary International Law And Private Rights Of Action, Curtis A. Bradley

Articles

It has been twenty years since the US Court of Appeals for the Second Circuit issued its landmark decision in Filartiga v PenaIrala. In upholding federal court jurisdiction over a suit between aliens concerning violations of international human rights standards in a foreign country, the court in Filartiga paved the way for modern international human rights litigation. As Professor David Bederman has observed, "[i]n a sense, all current human rights litigation owes its fortune to Filartiga." Since Filartiga, US courts have been confronted with two waves of international human rights litigation. The first wave has primarily involved suits, like Filartiga …

Treaties, Human Rights, And Conditional Consent, Curtis A. Bradley, Jack L. Goldsmith

Articles

Article II of the Constitution grants the President the "Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur."1 When the President obtains the Senate's advice and consent and ratifies a treaty, the treaty binds the United States internationally. If the treaty is "self-executing,"² also becomes part of domestic federal law, superseding both prior inconsistent federal law (treaties and statutes) and prior inconsistent state law.³

The constitutional treatymaking process was designed with a particular type of treaty in mind. In the late eighteenth century, treaties were …

Internet And The Dormant Commerce Clause, The, Jack L. Goldsmith, Alan O. Sykes

Articles

No abstract provided.

Regulatory Competition Or Regulatory Harmonization - A Silly Question, Alan O. Sykes

Articles

The debate over 'competition versus harmonization' in regulatory policy often confuses the pertinent alternatives. This comment argues that neither pure regulatory competition nor complete regulatory harmonization is desirable or feasible where important international cross-border effects of regulation arise. Instead, a considerable degree of cooperation is almost always needed, yet non-homogeneity of regulatory policies is almost always desirable as well. This proposition holds virtually regardless of the subject matter of regulation.

Why Does A Conservative Court Rule In Favor Of Liberal Government? The Cohen-Spitzer Analysis And The Constitutional Scheme, Daniel Gifford

Articles

No abstract provided.

Contest And Consent: A Legal History Of Marital Rape, Jill Elaine Hasday

Articles

No abstract provided.

Innovation And Creativity In The Fine Arts: The Relevance And Irrelevance Of Copyright, Daniel J. Gifford

Articles

How have social institutions, customs, and intellectual property laws affected creative activity in the fine arts? This article examines the many relationships between the fine arts and their social and legal environment. For the purposes of this paper, the fine arts embrace painting, sculpture, and (classical) musical composition. As will be shown below, in the arena of the fine arts, the respective roles of subjective factors - factors internal to the artists themselves - and external influences upon them from the larger society have changed dramatically over the last one hundred years. These changes have expanded the role of the …

Introducing Negotiation And Drafting Into The Contracts Classroom, Carol Chomsky, Maury Landsman

Articles

It is by now almost a commonplace to say that the first year of law school should include skills-focused opportunities in addition to the massive doses of legal doctrine and analysis that form the core of the first year curriculum. 1 Understanding contracts only through the lens of litigated disputes gives students a very limited picture of what lawyers do with respect to contracts and little opportunity to develop the skills of effective representation and artful and precise drafting needed to avoid such litigation. Moreover, the necessary emphasis on contract doctrine may obscure the degree to which many contract-related problems …

The Sounds Of Silence: The Libertarian Ethos Of Erisa Preemption, Stephen F. Befort, Christopher J. Kopka

Articles

In the Winter of 1996, the Harvard Journal on Legislation published an article entitled in part, The Last Article About the Language of ERISA Preemption?' Absent the question mark, one might have thought it a bold (and hopefully accurate) statement. Yet, as the question mark suggests, no scholar has been able to provide the definitive answer regarding the scope of ERISA preemption.

The Doctrine Of Piercing The Veil In An Era Of Multiple Limited Liability Entities: An Opportunity To Codify The Test For Waiving Owners' Limited Liability Protection, John H. Matheson, Raymond B. Eby

Articles

The use of the corporate form of business organization has always provided a firm's owners/shareholders with a presumptive shield from personal liability for the debts of the business. Case-by-case exceptions to this limited-liability shield have developed in each state under the general rubric of “piercing the veil.” Courts and commentators alike have noted the vagueness of the piercing analysis and have questioned the appropriateness of some of the factors employed in that analysis. In addition, new forms of business entities, such as limited liability companies and limited liability partnerships, have been legislatively created over the past several decades, raising the …

A Market-Based Solution To The Judicial Clerkship Selection Process, Edward S. Adams

Articles

For many years, federal judges and others have labored to reform judicial clerkship hiring so judges might conduct a dignified, collegial, and efficient selection process. To date, however, these reform efforts have had little success. This Article endeavors to forge a solution to the problems endemic to the current judicial clerkship hiring process: lack of collegiality, cut-throat hiring methods, lack of efficiency, and hiring based on inadequate information about candidates. Part I of this Article explores the historical problems in the clerkship hiring process, reviews previously attempted but failed efforts at reform, and identifies problems with such approaches. Part II …