Digital Commons Network^™

Is The Clean Air Act Unconstitutional?, Cass R. Sunstein

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No abstract provided.

Must Formalism Be Defended Empirically ?, Cass R. Sunstein

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No abstract provided.

Professors And Politics, Cass R. Sunstein

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No abstract provided.

Two Phone Calls, Cass R. Sunstein

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No abstract provided.

The New Formalism In United States Foreign Relations Law, Jack L. Goldsmith

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No abstract provided.

Confusion About Custom: Disentangling Informal Customs From Standard Contractual Provisions, Richard A. Epstein

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No abstract provided.

Liberty, Patriarchy, And Feminism, Richard A. Epstein

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No abstract provided.

Regulatory Protectionism And The Law Of International Trade, Alan O. Sykes

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A wide array of policy instruments can protect domestic firms against foreign competition. Regulatory measures that raise the costs of foreign firms relative to domestic firms are exceptionally wasteful protectionist devices, however, with deadweight costs that can greatly exceed those of traditional protectionist instruments such as tariffs and quotas. This Article develops the welfare economics of regulatory protectionism and a related political economy analysis of the national and international legal systems that must confront it, including the WTO, the NAFTA, the European Union, and the United States federal system. It explains why regulatory measures that serve no purpose other than …

Java And Microsoft: How Does The Antitrust Story Unfold?, Daniel J. Gifford

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RAPID developments in the software industry underlie both the Gov ernment's antitrust proceedings against the Microsoft Corporation 1 and the lawsuit brought by Sun Microsystems, Inc. ("Sun") against Microsoft in which Sun is asserting claims grounded in breach of contract, trademark infringement and unfair competition. 2 In October 1997, the Government challenged the Microsoft Corporation's right to bundle its internet browser (the Microsoft Internet Explorer 4.0) with its Windows 95 operating system. 3 That proceeding was brought as a request for an order to show cause why Microsoft should not be held in contempt for violating a consent decree ending …

Researching Labor Arbitration And Alternative Dispute Resolution In Employment, Suzanne Thorpe, Laura J. Cooper

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What kinds of information can we expect to find when doing research in alternative dispute resolution? To the extent that ordinary issues of law arise when considering methods of alternative dispute resolution, such as whether an agreement to arbitrate is judicially enforceable or whether communications in the course of mediation enjoy an evidentiary privilege, ordinary sources of legal research remain appropriate. This research guide generally does not describe those research

The Principle Of Non-Refoulement: Article 3 Of The Convention Against Torture And Other Cruel, Inhuman Or Degrading Treatment Or Punishment In Comparison With The Non-Refoulement Provisions Of Other International Human Rights Treaties, David Weissbrodt, Isabel Hortreiter

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Because of persecution, civil war, and economic despair, millions of people flee from their homes and go to live in other countries where they can stabilize their lives and find a safe place for themselves and their families. In 1998, the United Nations High Commissioner for Refugees estimated the number of people fleeing their home countries to exceed 22 million. 1 The right to seek and enjoy asylum is a well established principle in international law. 2 It has, however, been interpreted consistently as the right of the sovereign state to grant or deny asylum to those within its territory, …

The Ada In Turmoil: Judicial Dissonance, The Supreme Court's Response, And The Future Of Disability Discrimination Law, Stephen F. Befort, Holly Lindquist Thomas

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The Americans with Disabilities Act (ADA) 1 was enacted in 1990 with considerable fanfare and support. A broad-based coalition of supporters testified in favor of the legislation before committee hearings 2 and both houses of Congress passed the legislation by wide margins. 3 President George Bush, in signing the ADA into law, described the new statute as "an historic opportunity" 4 representing "the full flowering of our democratic principles." 5

Travaux Preparatoires Of The Fair Trial Provisions--Articles 8 To 11--Of The Universal Declaration Of Human Rights, David Weissbrodt, Mattias Hallendorff

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On 10 December 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights. 1 In view of the fiftieth anniversary of the Declaration, this article reviews its origins. The article then focuses principally upon the drafting and meaning of the fair trial provisions of the Declaration. Rather than looking at the Declaration’s provisions article by article in numerical order, the article first considers the overall drafting history of the Declaration; second, it focuses on the principal fair trial provisions, Articles 10 and 11; and then deals with the drafting of Articles 8 and 9, which are complementary.

American Prisons At The Beginning Of The Twenty-First Century, Michael Tonry, Joan Petersilia

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No abstract provided.

Federal Sentencing Can Be Made More Just, If The Sentencing Commission Wants To Make It So, Michael Tonry

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No abstract provided.

Sentencing Guidelines In Minnesota, Other States, And The Federal Courts: A Twenty-Year Retrospective, Richard Frase

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No abstract provided.

More Light Thoughts And Night Thoughts On The American Family, Judith T. Younger

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No abstract provided.

Mental Illness And Long-Term Disability Plans Under The Americans With Disabilities Act, Stephen F. Befort

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No abstract provided.

Corporate Governance At The Millennium: The Decline Of The Poison Pill Antitakeover Defense, John H. Matheson

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As recently as twenty years ago, the ability and desire of corporate shareholders to mount a challenge over corporate governance 4 seemed unlikely. After all, shareholders were considered to be passive, impotent, and unconcerned with anything but the value of their investment. Although shareholders of decades past were admittedly passive and powerless, today's shareholder activism is fueled largely by the institutional investor. In short, a shareholder revolution has occurred, highlighted by the ascendancy of the institutional investor. Accompanying the institutional investors' growth and concentration of share ownership is their desire and ability to participate meaningfully in governance issues. "An extraordinary …

A Matter Of Prostitution: Becoming Respectable, Beverly Balos, Mary Louise Fellows

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Feminists have achieved significant antiviolence legal reforms in the areas of domestic abuse, sexual harassment, and rape over the past three decades. These reforms, however, have reinforced old borders between the traditional categories of violence and prostitution and have constructed new borders by maintaining the distinction between worthy and unworthy women. Despite these flaws, the law reform efforts have the capacity to transform the legal and social meaning of prostitution. By adopting an approach that transcends consent or coercion and private or public, Professors Fellows and Balos use the concept of respectability to introduce an analytically powerful framework for rethinking …

Highlights Of The Fiftieth Session Of The United Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, David Weissbrodt, Mayra Gomez, Bret Thiele

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fiftieth anniversary of the Universal Declaration of Human Rights.8 The Sub-Commission also considered resolutions on country situations in Afghanistan, Algeria, Bahrain, Belarus, Bhutan, the Democratic People's Republic of Korea and Mexico.9 In addition, the Sub-Commission took a new initiative by adopting a thematic resolution, focusing on the protection of human rights defenders in nine countries, including Burma, Colombia, the Democratic Republic of the Congo, Honduras, Indonesia, Nigeria, the Philippines, Tunisia, Turkey and the Federal Republic of Yugoslavia. 10 The Sub-Commission completed considerable work in the area of economic, social and cultural rights, including the Final Report on the Relationship Between …

Lenders And Land, Ann Burkhart

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Using land to secure loans has been a particularly durable human institution. Mortgages 1 have existed since antiquity, 2 primarily because land generally retains its value and is permanent and immovable. In societies with largely nonmonetary economies, such as feudal England, land also has been particularly valued as a source of livelihood and of power. Therefore, land has been and continues to be desirable security for loans.

The Transformation Of The Juvenile Court--Part Ii: Social Structure, Race, And The "Crack Down" On Youth Crime, Barry C. Feld

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Part I briefly analyzes the social history of the juvenile court and argues that the progressive reformers who created the juvenile court designed it to discriminate against "other peoples' children," a feature that carries over into contemporary juvenile justice administration. Part II analyzes the "constitutional domestication" of the juvenile court. It places the U.S. Supreme Court's juvenile court "due process" decisions in a broader social structural context and argues that the Court emphasized procedural safeguards as part of its broader agenda to protect the civil rights and liberty interests of minorities. Part III analyzes the impact of the juvenile court's …

Rethinking Unthinkable Punishment Policies In America, Michael Tonry

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No abstract provided.

Beyond The Formalism Debate: Expert Reasoning, Fuzzy Logic, And Complex Statutes, Edward Adams, Daniel Farber

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Formalists and antiformalists continue to debate the utility of using legislative history and current social values to interpret statutes. Lost in the debate, however, is a clear model of how judges actually make decisions. Rather than focusing on complex problems presented by actual judicial decisions, formalists and antiformalists concentrate on stylized examples of simple statutes.In this Article, Professors Adams and Farber construct a more functional model of judicial decisionmaking by focusing on complex problems. They use cognitive psychological research on expert reasoning and techniques from an emerging area in the field of artificial intelligence, fuzzy logic, to construct their model. …

Spin-Offs, Fiduciary Duty, And The Law, Edward Adams, Arijit Mukherji

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In recent years, merger and acquisition activity has captured the corporate headlines, reaffirming the popular view that bigger is better. Yet the benefits of such empire building are belied by evidence that corporate spin-offs generally add more value to a business or group of businesses. Indeed, the advantages of spin-offs have not been lost on some of the more astute corporate executives, and although mergers and acquisitions may make better copy, spin-offs have been quietly on the rise. Companies such as AT&T, General Motors, ITT, Sprint, Dun and Bradstreet, and Sears have successfully reaped the benefits of performing tax-free spin-offs …

Search Tools: Skills And Strategies, Robin Schard

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No abstract provided.

Economics V. Equity: Do Market-Based Environmental Reforms Exacerbate Environmental Injustice?, Stephen M. Johnson

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For almost three decades, the federal government and state governments have addressed environmental problems primarily through "command and control" regulation. Under this traditional approach, the federal government establishes uniform national pollution limits ("command") that the federal or state governments impose on individual polluters through a system of permits or other controls. However, as the command and control approach has eliminated many of the most prolific sources of pollution, the incremental cost of cleaning up the remaining pollution has risen dramatically, and command and control regulation has become politically less attractive. In addition, command and control regulation may be too rigid …

Elder Law-Related Organizations On The Internet, Robin Schard

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No abstract provided.

Prosecuting Race, Anthony V. Alfieri

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Theoreticians and practitioners in the American criminal justice system increasingly debate the role of racial identity, racialized narratives, and race-neutral representation in law, lawyering, and ethics.

This debate holds special bearing on the growing prosecution and defense of acts of racially motivated violence. In this continuing investigation of the prosecution and defense of such violence, Professor Alfieri examines the recent federal prosecution of five white New York City police officers charged with assaulting Abner Louima, a young male Haitian immigrant, in 1997. Professor Alfieri presents a race conscious, community-oriented model of prosecutorial discretion guided by constitutional precepts, citizenship ideals, professionalism …