Digital Commons Network^™

The Optional Protocol To The Women's Convention: An Argument For Ratification, Heidi Gilchrist

Faculty Scholarship

No abstract provided.

Universal City Studios, Inc. V. Reimerdes: Promoting The Progress Of Science And The Useful Arts By Demoting The Progress Of Science And The Useful Arts?, Eric W. Young

Faculty Scholarship

No abstract provided.

The Use Of Video-Conferencing Technology In Legal Education: A Practical Guide, Catherine Arcabascio

Faculty Scholarship

This article explores the use of advanced computer technologies to offer distance learning programs in United States law schools. It begins with an explanation of the original distance learning methods and differentiates them from current methods that incorporate computer-based technologies. The article also explains the different types of technologies available for use in distance learning and describes the model currently in use at the Shepard Broad Law Center at Nova Southeastern University ("Law Center"). Finally, it discusses the pedagogical and planning issues that arise when using this technology, the hardware that is required, and the costs associated with this type …

Of Theory And Practice, Tamar Frankel

Faculty Scholarship

Much has been written about theory and practice in the law, and the tension between practitioners and theorists. Judges do not cite theoretical articles often; they rarely "apply" theories to particular cases. These arguments are not revisited. Instead the Essay explores the working and interaction of theory and practice, practitioners and theorists.

The Essay starts with a story about solving a legal issue using our intellectual tools - theory, practice, and their progenies: experience and "gut." Next the Essay elaborates on the nature of theory, practice, experience and "gut." The third part of the Essay discusses theories that are helpful …

The Agenda-Setter For Complex Litigation, Richard L. Marcus

Faculty Scholarship

No abstract provided.

Patterns Of Courtroom Justice, Jessica Silbey

Faculty Scholarship

Any one film can sustain a myriad of compelling interpretations. A collection of films, however, sharing formal and substantive qualities, reveals a common effect more than a diversity of meanings. This essay traces the shared formal and substantive qualities of a group of films, as I name them 'trial films'. It documents this genre of film by identifying the genre's norms of viewing and identification. It also investigates the peculiar hybrid discourse of the trial film genre that combines both filmic and legal discursive practices to show how trial films cultivate support for the American system of law through its …

The Managing Lawmaker In Cyberspace: A New Power Model, Tamar Frankel

Faculty Scholarship

This paper is about the power of The Internet Corporation for Names and Numbers (ICANN). It examines how this power was created, augmented, strengthened, and reigned in. ICANN poses a puzzle. It is essentially an unregulated and undemocratic monopoly. Yet, ICANN's exercise of power has been fairly contained. Since ICANN is a monopoly, what prevents it from taking a far more high-handed and extensive ruling posture?

Even though at first blush my analogy is counterintuitive, I analogize ICANN to a managing lawmakers of market infrastructures, such as the New York Stock Exchange, while recognizing their differences. Unlike theExchange, ICANN has …

The Merger Between Public Health And Health Law – The Us Situation, Wendy K. Mariner

Faculty Scholarship

Law is an essential tool for protecting the public’s health. It is often the law that turns public health science into public health action. Sanitation, clean air and water, universal vaccination, injury prevention, tobacco control, drug policy, and a vast array of other interventions are achieved through a complex web of local, provincial and national statutes, regulations and judicial cases. The Institute of Medicine in the United States defines public health as “what we, as a society, do collectively to ensure the conditions in which people can be healthy.” And society acts collectively most often through law.

Thus, the merging …

Non-Compete Obligations Of Departing Star Partners And The Right Of Clients To Their Continued Services, Tamar Frankel

Faculty Scholarship

The interests of advisers and their clients may conflict in unexpected ways. One such situation arises when the adviser’s partners or managers (portfolio managers) sign a non-compete agreement with the adviser and later, when they leave, are sought after by clients who wish to continue the relationship. The case is clear if the departing portfolio manager solicits the clients of the adviser in violation of its non-compete undertaking. The case is less clear when the clients wish to follow the departing portfolio manager and press to engage her in violation of the non-compete undertaking. The conflict here is between the …

The Expressive Interest Of Associations, Erwin Chemerinsky, Catherine Fisk

Faculty Scholarship

Professors Erwin Chemerinsky and Catherine Fisk take an issue on several grounds with Boy Scouts v. Dale, in which the Supreme Court held that the Boy Scouts have a first Amendment right to exclude gays, even though state law prohibits such discrimination. They first criticize Dale's holding that courts must accept the group leadership's characterization of the group's expressive message. The Court's approach short-circuited the process by which an organization ordinarily develops or transforms its expressive message--internal deliberation, public articulation of a message, and recruitment of like-minded members-- and it did so at the expense of many current and former …

The Revolution In Military Legal Affairs : Air Force Legal Professionals In 21 St Century Conflicts, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Recalling Atticus Finch: Conversations With Practicing Lawyers, Deborah A. Schmedemann

Faculty Scholarship

This article discusses the skills, values, and attitudes that are key to practicing law. Input from practicing attorneys shows that while some traits are essential for all practice areas, other traits are specifically necessary for certain types of attorneys.

The Storm Arrives: The First Amendment Cases In The Supreme Court's 1999-2000 Term, Joel Gora

Faculty Scholarship

No abstract provided.

The Jury In The Twenty-First Century: An Interdisciplinary Conference--Introduction, Susan Herman, Lawrence Solan

Faculty Scholarship

No abstract provided.

Making Deals In Court-Connected Mediation: What's Justice Got To Do With It?, Nancy A. Welsh

Faculty Scholarship

When mediation was first introduced to the courts, the process was hailed as “alternative.” Mediation gave disputants the opportunity to discuss and resolve their dispute themselves; the role of the third party was to facilitate the disputants’ negotiations, not to dictate the outcome; and because the disputants were able to focus on their underlying interests in mediation, the process could result in creative, customized solutions. The picture of mediation is changing, however, as the process settles into its role as a tool for the resolution of personal injury, contract, and other nonfamily cases on the courts’ civil dockets. Attorneys dominate …

The Technologies Of Property Rights: Choice Among Alternative Solutions To Tragedies Of The Commons, Bruce Yandle, Andrew P. Morriss

Faculty Scholarship

Garrett Hardin's classic description of the tragedy of the commons tells us that all environmental problems require a property rights solution. The property solution or rule may call for the definition and enforcement of common, public, or private property rights, but any escape from the tragedy requires some rationing mechanism that allocates a form of property rights to some entity. These solutions fall into one of two broad traditions within economics: the Pigouvian, or regulatory tradition, and the Coasean, or market-based tradition. Any proposal for action in either tradition implies some definition of property rights. The difference lies in the …

Stanford Nurses' Strike: A Case Study Of Negotiation, Mediation, And Conciliation In A Health Care Labor Dispute, Debra Gerardi

Faculty Scholarship

No abstract provided.

Rulemaking's Promise: Administrative Law And Legal Culture In The 1960s And 1970s, Reuel E. Schiller

Faculty Scholarship

No abstract provided.

Private Choices And Public Law Richard A. Posner's Contributions To Family Law And Policy, Ben Depoorter, Francesco Parisi

Faculty Scholarship

No abstract provided.

Water Rights For New Federal Land Conservation Programs: A Turn-Of-The-Century Evaluation, John D. Leshy

Faculty Scholarship

No abstract provided.

Confronting The Future: Coping With Discovery Of Electronic Material, Richard L. Marcus

Faculty Scholarship

No abstract provided.

Fundamental Principles Of Transnational Civil Procedure, Geoffrey C. Hazard, Michele Taruffo, Rolf Sturner, Antonio Gidi

Faculty Scholarship

No abstract provided.

The Effects Of Mediation In A Juvenile Incarceration Facility: Reduction Of Violence Through Transformation, Linda H. Morton, Floralynn Einesman

Faculty Scholarship

Using Bush and Folger’s transformative framework and psychological theory, the authors posit that mediation can play a role in changing the behavior of incarcerated juveniles by its focus on empathy and self-empowerment. After a brief description of their mediation clinic in Juvenile Hall, the authors assess the effects of the clinic in transforming its participants through data gathered.

Preserving The Public Trust In State-Owned Intellectual Property: A Recommendation For Legislative Action, Sharon Sandeen

Faculty Scholarship

Whether a state chooses to dedicate its intellectual property to the public domain or derive revenue from the licensing of its rights, absent express authority on the subject there is uncertainty. State employees who are aware of the existence of state-owned intellectual property are not certain how it should be managed or if they are authorized to expend state resources to pursue infringement claims. Individuals and entities who wish to use state-owned intellectual property do not know how to obtain permission for such use and without permission they cannot be certain that they will not be sued for infringement. Without …

Regulatory Initiatives And The Internet: A New Era Of Oversight For The Securities And Exchange Commission, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Religion And The First Justice Harlan: A Case Study In Late Nineteenth Century Presbyterian Constitutionalism, James W. Gordon

Faculty Scholarship

In this Article, the Author argues that Harlan's religion and its values informed both his personal and his public life. Harlan's close personal friend, Justice Brewer, once commented on Harlan's personal attachment to the two "fundamental" documents in his life: the Bible and the Constitution. Justice Brewer suggested that Harlan had one hand on the Bible, and the other hand on the Constitution when he went to bed every night. Although it is widely known that Harlan was a religious man, only recently has any scholar paid much attention to this fact. No one has fully described the principles of …

Yahoo And Democracy On The Internet, Joel R. Reidenberg

Faculty Scholarship

This article examines the French court order requiring Yahoo to prevent French Internet users from accessing images of Nazi memorabilia available for auction on the company's American web site. The article uses the French case to challenge the popular belief that an entirely borderless Internet favors democratic values. The article starts from the premise that while the Internet enables actors to reach a geographically dispersed audience, the Internet should not change the accountability of those actors for their conduct within national borders. The article shows that Yahoo's extensive business in France justifies the application of France's democratically chosen law and …

Rules Of Transnational Civil Procedure, Geoffrey C. Hazard, Michele Taruffo, Rolf Sturner, Antonio Gidi

Faculty Scholarship

No abstract provided.

The Girl Who Cried Pain: A Bias Against Women In The Treatment Of Pain, Diane E. Hoffmann, Anita J. Tarzian

Faculty Scholarship

In general, women report more severe levels of pain, more frequent incidences of pain, and pain of longer duration than men, but are nonetheless treated for pain less aggressively. The authors investigate this paradox from two perspectives: Do men and women in fact experience pain differently - whether biologically, cognitively, and/or emotionally? And regardless of the answer, what accounts for the differences in the pain treatment they receive, and what can we do to correct this situation?

Global Governance And The Changing Face Of International Law, Charlotte Ku

Faculty Scholarship

No abstract provided.