Digital Commons Network^™

The Return Of Hugo Black: The Significance Of The Hugo L. Black Collection At The University Of Alabama Alabama Section, Paul M. Pruitt Jr.

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No abstract provided.

Getting To No: A Study Of Settlement Negotiations And The Selection Of Cases For Trial, Samuel R. Gross, Kent D. Syverud

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A trial is a failure. Although we celebrate it as the centerpiece of our system of justice, we know that trial is not only an uncommon method of resolving disputes, but a disfavored one. With some notable exceptions, lawyers, judges, and commentators agree that pretrial settlement is almost always cheaper, faster, and better than trial. Much of our civil procedure is justified by the desire to promote settlement and avoid trial. More important, the nature of our civil process drives parties to settle so as to avoid the costs, delays, and uncertainties of trial, and, in many cases, to agree …

Our Meanings Can Never Be The Same: Reflections On Language And Law, James Boyd White

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For me it is a starting point in all thought about language that, whatever I say or do with words, my expression will never mean exactly the same thing to you that it does to me; and of course yours will never mean exactly the same thing to me that it does to you. It cannot: each act of expression is a gesture against a context; it derives its meaning largely. perhaps entirely, from its relation to that context; and for each of us the context of every gesture is different, if only because one of us is doing it, …

Confessions And The Right To Silence In Japan, Daniel H. Foote

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In several highly-publicized recent cases in Japan, individuals convicted of murder and sentenced to death were acquitted in retrials obtained after decades on death row. These so-called "death penalty retrial cases'" generated great controversy and considerable reflection about the criminal justice system in Japan. A central, substantive issue presented by these cases relates to the procurement and use of confessions; each of these cases-and several other major recent Japanese cases in which defendants have been acquitted following bitterly contested trials-turned on the validity of repudiated confessions.

Consequently, much recent commentary has focussed on conf essions and related issues. Not surprisingly, …

Nōryoku Shōgai Wo Motsu Amerikajin Ni Kansuru Hōritsu (Ada) To Amerikahō Ni Okeru Sabetsu No Gainen [The Americans With Disabilities Act And Concepts Of Discrimination In U.S. Law], Daniel H. Foote

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Paradoxical as it may seem, Title I of the Americans with Disabilities Act (hereinafter, "ADA"), which deals with employment of the disabled, at one and_ the same time represents only a gradual advance over existing law and a pathbreaking new statute with far-reaching implications. On the one hand, the ADA merely builds on the foundations laid in the Rehabilitation Act of 1973, with the key provisions of the ADA closely parallelling approaches taken in the Rehabilitation Act and regulations implementing it. On the other hand, the ADA vastly expands the coverage of the Rehabilitation Act, thereby establishing that integration of …

Redefining Radicalism: A Historical Perspective, Walter J. Walsh

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This Essay suggests that Unger's attack on formalism and objectivism is not so new. After noting the early contributions of Thomas Hobbes and Jeremy Bentham, it does so by particular reference to the critique of William Sampson (1764-1836), the banished Irish civil rights lawyer and political activist, who led an intellectual charge upon the American common law more than a century and a half ago. It also suggests that by depicting the common law as incompatible with the egalitarian ideal of a democratic republic, Sampson sowed the seeds of a distinct radical tradition of which the critical legal studies movement …

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 …

Comment On Preliminary Report On Freedom Of Expression And Campus Harassment Codes, Terrance Sandalow

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Campus harassment codes pose an unprecedented problem for the AAUP, not only because the issues of academic freedom they raise are novel, but also because the academic community is itself deeply divided over those issues. Historically, the major assaults upon academic freedom have come from outside the academy--from politicians, trustees, and donors who have sought to limit inquiry and restrict the expression of unpopular views. Ideas about academic freedom have been shaped in the course of repelling these assaults and in constructing barricades that will safeguard the freedoms to teach and to learn that are at the center of the …

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.

Justice O'Connor's Intellectual Property Opinions: Currents And Crosscurrents, Marci A. Hamilton

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No abstract provided.

Some Current Tax Aspects Of Foreign Investment In Us Businesses, Joseph Isenbergh

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No abstract provided.

A Tribute To Justice William J. Brennan, Jr., Richard A. Posner

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No abstract provided.

The Section Of Taxation: The First Fifty Years, James P. Holden, Harry K. Mansfield, John S. Nolan, K. Martin Worthy, James B. Lewis, Don V. Harris Jr., Mac Asbill Jr.

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No abstract provided.

Feminism Historicized: Medieval Misogynist Stereotypes In Contemporary Feminist Jurisprudence, Jeanne L. Schroeder

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The article argues that contemporary feminist theories are ahistorical and culturally narrow, often mirroring medieval misogynist stereotypes by assuming that late-twentieth-century, white, upper-middle-class American experiences represent universal truths about gender. By examining medieval canon law and societal norms, the analysis reveals that patriarchal structures have persisted across time, adapting to different cultural definitions of masculinity and femininity. The author advocates for a more historically and cross-culturally informed approach to jurisprudence and gender theory to avoid replicating past oppressions.

Realization, Recognition, Reconciliation, Rationality And The Structure Of The Federal Income Tax System, Patricia D. White

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No abstract provided.

Rawls On Political Community And Principles Of Justice, James W. Nickel

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No abstract provided.

History's Challenge To Feminism, Jeanne L. Schroeder

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No abstract provided.

The Fletcher Years, Ralph W. Johnson

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How would you best describe Robert L. Fletcher, I asked my colleagues. He is, they said, thoughtful, a man of integrity, a delightful and companionable gentleman, sincere of purpose, hard-working, reliable, exceedingly thorough, a respected scholar and teacher. By habit he examines all aspects of a proposal before acting on it, reserves judgment until "all the evidence is in." Reputedly he enjoys ferreting out arcane future interests that violate the Rule Against Perpetuities in trust and real estate documents. Bob Fletcher practiced law for nine years in Seattle and Tacoma, Washington, before entering teaching in 1956. Before that he was …

Aeration System Design For Flat Grain Storages With An Expert System, Dennis G. Watson, Roger C. Brook

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An expert system, Aeration System Design (ASD), was developed for the design of aeration systems for farm-sized flat grain storages. ASD requests information about the storage problem from a user and generates a custom design drawing, component specification list, and management recommendations. The knowledge base was derived from publications and experts. ASD represents the first attempt to consolidate aeration system design guidelines and procedures for flat grain storage into an expert system. ASD uses illustrations to communicate concepts and terminology more clearly with users. A feature of ASD allows an expert to change the design guidelines and factors. For example, …

Greenmail, Golden Parachutes And The Internal Revenue Code: A Tax Policy Critique Of Sections 280g, 4999 And 5881, Edward A. Zelinsky

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No abstract provided.

Bispectral Reconstruction Of Signals In Noise: Amplitude Reconstruction Issues, Gopal Sundaramoorthy, M.R. Raghuveer, Sohail Dianat

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When we have observations of a discrete deterministic signal (physical object) in colored Gaussian noise, it is possible to obtain asymptotically unbiased estimates of the bispectrum of the signal only at frequency pairs (al, w2) which do not satisfy any of the following: wI = 0, w2 = 0, and o1 + w2 = 0. Several approaches reported in the literature that deal with magnitude reconstruction from bispectra use bispectrum samples that lie on one of these three straight lines, thus using samples which are biased due to noise. We propose two approaches that rectify this situation. The paper also …

Constructing 6-(14,7,4) Designs, Donald Kreher, Stanislaw Radziszowski

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A summary of the algebraic and computational techniques used in the construction of two non-isomorphic simple 6-( 14,7,4) designs and four non-isomorphic simple 5-( 13,6,4) designs is presented. With the exception of the 6-(33,8,36) designs discovered by Magliveras and Leavitt, and the 6(20,9,112) designs discovered by Kramer, Leavitt and Magliveras, this is the only other small parameter situation in which a simple 6-design is known to exist.

Hearing Impaired Students: A Student-Teacher-Class Partnership, Susan Foster, Thomas Holcomb

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No abstract provided.

Post-Trial Motions In Private Antitrust Actions: A Practitioner's Guide, John E. Rumel

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No abstract provided.

Federal Income Taxation And Community Property Law: The Case For Divorce, John A. Miller

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No abstract provided.

Unrightable Wrongs: The Rehnquist Court, Civil Rights, And An Elegy For Dreams, D. Marvin Jones

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No abstract provided.

Property And Necessity, Richard A. Epstein

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No abstract provided.

Needed In The Nineties: Improved Individual And Structural Remedies For Racial And Sexual Disadvantages In Employment, Mary E. Becker

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No abstract provided.

Second-Best Countervailing Duty Policy: A Critique Of The Entitlement Approach, Alan O. Sykes

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No abstract provided.

Rebuttal To Malloy, Richard A. Posner

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No abstract provided.