Digital Commons Network^™

Caesar Would Have Arbitrated, Hugh D. Spitzer

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With the recent increase in mandatory arbitration for small civil disputes and voluntary arbitration for much larger cases, it is easy to suppose that dispute resolution by someone other than a government- appointed judge is a novel, imaginative creation of the modern legal system.

But for the Romans who lived in Julius Caesar's time, indeed from several hundred years B.C. to at least 300 A.D., most civil matters never went to an official "judge." Instead, almost all such disputes were resolved by a lay arbitrator under a remarkably flexible and enduring system of civil procedure that worked as effectively as …

The Belief/Conduct Paradigm In The Supreme Court's Free Exercise Jurisprudence: A Theological Account Of The Failure To Protect Religious Conduct, Marci A. Hamilton

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No abstract provided.

Delaware Fiduciary Duty Law After Qvc And Technicolor: A Unified Standard (And The End Of Revlon Duties?), Lawrence A. Cunningham, Charles M. Yablon

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The Delaware Supreme Court's decisions in QVC and Technicolor have redefined the analysis of directors' fiduciary duties in takeover situations by rejecting the fragmented approach of separate duties under Revlon, Unocal, and MacMillan. Instead, these rulings establish a unified standard that combines the duties of care and loyalty under a single obligation of good faith and fair dealing, requiring directors to make reasonably informed judgments. This approach applies enhanced scrutiny to decisions involving sales of control, defensive tactics, and other extraordinary events, ensuring that directors act in the best interests of shareholders while allowing flexibility in their decision-making processes.

Catharine's Wheel: Mackinnon's Pornography Analysis As A Return To Traditional Christian Sexual Theory, Jeanne L. Schroeder

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The article argues that Catharine MacKinnon's analysis of pornography and sexuality, while presented as radical feminist theory, ultimately incorporates traditional elements from Christian sexual theory and modern liberalism. MacKinnon's critique of pornography as a mechanism of gender subordination aligns with Augustine's view of sexuality as a loss of subjectivity, where involuntary sexual desire symbolizes the Fall's consequences. Despite her sociopolitical analysis, MacKinnon's failure to recognize these influences and her lack of a positive vision for female subjectivity limit her critique's transformative potential.

The Bar Against Challenges To Employment Discrimination Consent Decrees: A Public Choice Perspective, John O. Mcginnis

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No abstract provided.

The 1991 Supreme Court Term: Review And Outlook, John O. Mcginnis

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The 1991 Supreme Court Term was the first during which justices originally appointed by Presidents Ronald Reagan and George Bush-Sandra Day O'Connor, Antonin Scalia, Anthony Kennedy, David Souter, and Clarence Thomas-constituted a majority. The term's main surprise, however, was that this majority of five-indeed, a majority of six when Chief Justice William Rehnquist, elevated to that position by President Reagan precisely because of his judicial philosophy, is included-did not forge a consistent jurisprudential majority characterized by the strict interpretative approach favored by their sponsoring presidents. While, generally speaking, the Court's decisions certainly continued to represent a departure from the expansive …

Biotechnology: Beauty Or Beast?, Kate Ui Ghallachoir

Articles

In recent years scientific advances have transformed that group of technologies referred to as biotechnology into a set of increasingly powerful tools for many industries. Biotechnology is identified by many as an important factor determining the future sucess of industries as diverse as healthcare and agriculture. In Ireland biotechnology use and development is a recognised area of strategic priority. The research presented here investigates factors suggested as affecting the rate and diffusion of new biotechnological techniques in the food and drink industry. It represents just part of more extensive ongoing research at the Technological University Dublin, College of Marketing and …

Magnetic Tuning Of A Microstrip Patch Antenna Fabricated On A Ferrite Film, P. J. Rainville, F. J. Harackiewicz

Articles

A square, single-feed patch, fabricated on a ferrite film, that produced orthogonally polarized, well-formed radiation patterns is described. The application of a small in-plane magnetic field tuned the frequency, and hence phase, of one polarization only. Prior work on patch antennas fabricated on bulk ferrite substrates demonstrated magnetic tuning, but only linear polarization was obtained. The results indicate that 1) thin ferrite films, which are monolithically integrable, may be useful for a magnetically tunable antenna, and 2) the radiation polarization of the patch can be varied by the application of a small in-plane magnetic bias field.

What's Standing After Lujan? Of Citizen Suits, "Injuries," And Article Iii, Cass R. Sunstein

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No abstract provided.

Two Cheers For A Tale Of Three Cities, David Yellen

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No abstract provided.

Overcompensating: The Corporate Lawyer And Executive Pay, Charles M. Yablon

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No abstract provided.

Populism, Law, And The Corporation: The 1897 Kansas Supreme Court, James L. Hunt

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No abstract provided.

The Taming Of The Shrew: The Liberal Attempt To Mainstream Radical Feminist Theory, Jeanne L. Schroeder

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The article critically examines the opposing views of Cass Sunstein and Catharine MacKinnon on pornography and its legal implications, highlighting their divergent definitions and approaches. Sunstein advocates for a narrow, violence-focused antipornography legislation, while MacKinnon pushes for a broader definition that encompasses gender subordination. The analysis reveals how Sunstein's critique of MacKinnon unintentionally weakens feminist challenges to masculinism by separating sexuality from power dynamics. MacKinnon's theory, rooted in a premodern Christian view of sexuality, posits that pornography constructs women as objects, reinforcing gender inequality. The article underscores the tension between legal reform and the deeper structural changes needed to address …

A Treaty Is A Treaty Is A Treaty, Malvina Halberstam

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No abstract provided.

Subject: Object, Jeanne L. Schroeder

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The article explores the concept of objectivity in legal theory, examining its complexity and the various ways it is defined and applied. It critiques the left's tendency to associate objectivity with liberalism and masculinity, while highlighting the right's defense of subjectivity. The analysis emphasizes the need for a nuanced understanding of objectivity's forms and implications in legal discourse.

State-Interest Analysis And The Channelling Function In Family Law, Carl E. Schneider

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I want to develop some themes I advanced in my article entitled State-Interest Analysis in Fourteenth Amendment "Privacy" Law: An Essay on the Constitutionalization of Social issues. In that article I noted that while courts and commentators have lavished effort on the fundamental-rights side of privacy law, they have scanted the state-interest side, thereby producing crucial weaknesses in that law. I felt that state~interest discussions in privacy cases often seemed to me unsatisfying. This is an attempt to see why. A major difficulty is that states tend to advance and courts tend to accept quite narrow specifications of a statute's …

A Sensible Energy Policy: Pay The Right Price, James Winebrake

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Article published in the Christian Science Monitor (Boston, MA) on Thursday, August 20, 1992, in the Opinion section, pg. 19.

The Trustee’S Strong Arm Power Under The Bankruptcy Code, David G. Carlson

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No abstract provided.

The Use Of Advance Fee Attorney Retainer Agreements In Bankruptcy: Another Special Law For Lawyers?, Lester Brickman, Jonathan Klein

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From the time that the first lawyers set foot in what is now the United States, society has engaged in efforts to regulate lawyers' fees, including fees received from clients in bankruptcy proceedings. Lawyers, in turn, have been engaged in continuing efforts to: secure their self-interests, aggrandize their role in society, be free of societally imposed constraints on their fees and activities, and carve out an ever larger area of exclusive domain. Although lawyers have not fared as well in their recent efforts to extend the scope of their monopoly by the use of statutes that prohibit the unauthorized practice …

Deference Running Riot: Separating Interpretation And Lawmaking Under Chevron, Michael E. Herz

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No abstract provided.

Bioethics And The Family: The Cautionary View From Family Law, Carl E. Schneider

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For many years, the field of bioethics has been specially concerned with how the authority to make medical decisions should be allocated between doctor and patient. Today the patient's power-indeed, the patient's right-is widely acknowledged, at least in principle. But this development can hardly be the last word in our thinking about how medical decisions should be made. For one thing, sometimes patients cannot speak for themselves. For another, patients· make medical decisions in contexts that significantly include more participants than just the patient and doctor. Now, as this conference demonstrates, bioethics is beginning to ask what role the patient's …

The Public Trust Doctrine And Coastal Zone Management In Washington State, Ralph W. Johnson, Craighton Goeppele, David Jansen, Rachael Paschal

Articles

The public trust doctrine is an ancient doctrine that has recently emerged as a powerful tool to protect the public interest in tidelands and shorelands. Created and developed by the judiciary, the doctrine's principles have found their way into several of Washington's regulatory statutes, such as the Shoreline Management Act and the Aquatic Lands Act. This Article traces the development of the doctrine in Washington, and explains the relation between the state's police power and the public trust doctrine. This Article also sets forth the current contours of the public trust doctrine in Washington, and charts potential future developments of …

The Porcupine's Dilemma: Strategic And Psychological Uncertainty In The Face Of Global Warming, William H. Rodgers, Jr.

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No abstract provided.

Choosing Between Normative And Descriptive Versions Of The Judicial Role, Michael E. Herz

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No abstract provided.

Dilemmas Of Justice, Stephen J. Schulhofer, Michel Rosenfeld

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The Hungarian Constitutional Court's decision to invalidate a retroactivity law aimed at prosecuting crimes committed during the prior regime highlights a tension between rule-of-law principles and demands for retributive justice. The court ruled that extending or reopening statutes of limitations violated constitutional guarantees of legal certainty, non-retroactivity, and the protection of rights previously conferred. The decision underscores the court's commitment to an expansive interpretation of constitutional rights, emphasizing the importance of predictable and foreseeable legal consequences. While the ruling prioritizes rule-of-law values, it leaves unresolved the question of how to address past injustices in post-totalitarian societies.

Ruminations On Lucas V. South Carolina Coastal Council: An Introduction To An Amicus Curiae Brief, Richard A. Epstein

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No abstract provided.

Using A Computer Simulation In The Research, Training, And Evaluation Of School Psychologists, Morton Isaacs, Virginia Costenbader, Margery Reading-Brown, Gordon Goodman

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A computer program, School Psychologist Simulation, is described. The program presents users with information and events such as might be encountered in a real school setting regarding schoolchildren referred to the school psychologist; users can practice the skills needed by a school psychologist in the assessment of the case. The participant then submits a report detailing assessment, recommendations, and reasoning for the case in either essay or multiple-choice format. An additional program permits the instructor to customize the material presented to the user by modifying the case material of a specific child and/or by altering the forms displayed to the …

Paying Off The Environmental Deficit, James Winebrake

Articles

Article appeared in the Christian Science Monitor (Boston, MA), Friday May 22, 1992, the Opinion section, pg. 19.

Imagining A Free Press, Geoffrey R. Stone

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No abstract provided.

Medieval Iceland And Modern Scholarship (Reviewing William Ian Miller, Bloodtaking And Peacemaking: Feud, Law And Society In Saga Iceland (1990)), Richard A. Posner

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No abstract provided.