Digital Commons Network^™

The Regime Of Diplomacy And The Tehran Hostages, Kazimierz Grzybowski

Faculty Scholarship

No abstract provided.

The Use Of Social Science Data In A Change Of Venue Application: A Case Study, Neil Vidmar, John W. T. Judson

Faculty Scholarship

This article describes how social science data and professional testimony were used to assist judicial decision-making in an application to have a criminal fraud trial moved from Middlesex County, Ontario, because of prejudicial attitudes extant in the community. Typically, in such applications, tenuous documentation of pre-trial publicity and perhaps some unsubstantiated "opinion" testimony by persons purportedly in touch with the pulse of the community are the only evidence introduced . The presiding judge is required to consider this circumstantial, indirect, evidence and draw a conclusion about the level and extent of public prejudice as the merits of the application are …

Amniocentesis And The Apotheosis Of Human Quality Control, Jacqueline Nolan-Haley

Faculty Scholarship

No abstract provided.

Plain English Movement, The Plain English Movement: Panel Discussion, Carl Felsenfeld

Faculty Scholarship

One of the dominant events between 1975 and today in United States consumer law was the birth of what has become known as the "plain English movement". For centuries lawyers have been derided for the nature of their prose. A word will not suffice where two or even three can take its place; long sentences are preferable to short ones; Latin, or perhaps medieval French, are preferable to English. The plain English movement is the name given to the first effective effort to change this and to write legal documents, particularly those used by consumers, in a manner that can …

The Perils Of Writing An Intellectual History Of Torts, George C. Christie

Faculty Scholarship

No abstract provided.

A Paradigm Of First Amendment Dilemmas: Resolving Public School Library Censorship Disputes, Leora Harpaz

Faculty Scholarship

In recent years courts have begun to ponder the first amendment issue of public school library book censorship. These fledgling judicial efforts have produced a mostly inadequate analysis of the complex legal picture presented by school library book censorship. Courts that desire to intervene in censorship disputes almost unthinkingly have relied on first amendment doctrines developed outside of the censorship area and assumed their easy application to this new problem. Courts that take a hands-off attitude toward the area rely heavily on the appropriateness of judicial intervention as their central theme. Nowhere to be found in these judicial responses is …

Rules Of Legal Ethics The Drafting Task, Geoffrey C. Hazard, Jr.

Faculty Scholarship

No abstract provided.

Analytical And Comparative Variations On Selected Provisions Of Book One Of The Louisiana Civil Code With Special Consideration Of The Role Of Fault In The Determination Of Marital Disputes, Thomas E. Carbonneau

Faculty Scholarship

This article is intended to be a type of "structuralist" commentary upon selected provisions in Book I of the Louisiana Civil Code. Its sole purpose is to illustrate, both for pedagogical and doctrinal reasons, some of the analytical difficulties to which these code provisions might give rise when they are read in a close textual fashion. It should be emphasized that this study is a textual commentary and not a historical assessment of the sources or origins of the code texts – the latter analysis is outside the purview of the present endeavor.

Accordingly, this article consists of a critical …

Conjugal Violence: The Law Of Force And The Force Of Law , Maria Marcus

Faculty Scholarship

The Article concludes that neither the impartial mission of the rule of law nor the neatly tooled goal of individual justice has been served by the governmental response to conjugal violence, and suggests the elements from which a valid approach may be constructed.

Monrad Paulsen And The Idea Of A University Law School, Michael J. Graetz, Charles H. Whitebread Ii

Faculty Scholarship

Monrad Paulsen played a very special role in both of our lives. He was our friend and our first dean, and we will likely remember no future dean with the same affection, loyalty, and admiration. Monrad knew when to encourage and when to criticize, and he used his knowledge and the force of his personality to help launch both of us in the academic profession. He was, however, more to us than friend, supporter, and critic: our views about legal education were, in important and permanent ways, shaped by Monrad Paulsen.

Central to Monrad's view of legal education was his …

The Elaboration Of A French Court Doctrine On International Commercial Arbitration: A Study In Liberal Civilian Judicial Creativity, Thomas E. Carbonneau

Faculty Scholarship

The task of the present article is to examine the historical evolution and current status of the French judicial doctrine on international commercial arbitration. It endeavors to compare the international doctrine with the French domestic law on arbitration and to illustrate briefly its conformity to the provisions of the international conventions on arbitration to which France is a party. Its chief design, however, is to concentrate upon the court decisions themselves, underscoring their progressive quality and pointing to their systemic implications.

The Right To Privacy In Nineteenth Century America, David J. Seipp

Faculty Scholarship

On December 15, 189o, Samuel D. Warren and Louis D. Brandeis, two young Boston law partners, published an article in the Harvard Law Review entitled The Right to Privacy. In that article, they proposed a remedy for invasions of personal privacy by the press. More than ninety years later, protection of privacy has become a major concern of the law. Legal scholars have organized the extensive body of case law into a coherent common law of privacy; the Supreme Court has enshrined the right to privacy in the "penumbra" of the Bill of Rights; and Congress has enacted additional safeguards.

Union Waiver Of Employee Rights Under The Nlra: Part I, Michael C. Harper

Faculty Scholarship

The author formulates a principle, based on the Supreme Court decision in NLRB v. Magnavox, to distinguish which employee rights protected by section 7 may not be waived by unions in collective bargaining agreements. In this article, the non-waiver principle is applied to the right to strike. In the next issue, Professor Harper will address application of the principle to Board deferral to arbitration, drawing on former Board Chairman Murphy's swing vote opinion in General American Transportation Corp.

Toward A Theory Of Prior Restraint: The Central Linkage, Vincent A. Blasi

Faculty Scholarship

The doctrine of prior restraint embodies a temporal preference. Acts of expression that could be sanctioned by means of criminal punishment or a civil damage award may not be regulated "in advance." The factor of timing, however, cannot serve to distinguish methods of regulation as neatly as this statement would seem to imply. In addition to a retrospective impact relating to punishment or compensation, criminal prohibitions and civil liability rules are meant to have a prospective impact – to deter speakers from engaging in harmful acts of expression in the future. If impact on speech before the moment of its …

Silence As A Moral And Constitutional Right, Kent Greenawalt

Faculty Scholarship

Like the Fourth Amendment ban on unreasonable searches and seizures, the privilege against self-incrimination stands as a barrier to the government's acquisition of information about criminal activities. The moral analogue in private relations to the Fourth Amendment right is quite straightforward. One person should not rummage about the private spaces of another seeking signs of bad behavior unless he has very powerful reasons. The Fourth Amendment similarly limits the government, generally permitting searches only upon probable cause. The private moral analogue to the Fifth Amendment's right of silence is harder to identify, its analysis is more complex and the judgments …

Authority And Consent, Joseph Raz

Faculty Scholarship

My starting point is the assumption that there is no general obligation to obey the law, not even a prima facie obligation and not even in a just society. This assumption is perhaps becoming more popular. In recent years it has been defended by several writers. There is more that needs to be said in its support, but I will not attempt to do so here. Instead, I will reflect on a problem posed by accepting it, a problem concerning the relations between an individual citizen and the state. It is common to think that the state has authority over …

From Tort To Crime: Some Reflections On The Criminalization Of Fiduciary Breaches And The Problematic Line Between Law And Ethics, John C. Coffee Jr.

Faculty Scholarship

Within the context of mail and wire fraud prosecutions, criminal liability for breach of fiduciary duties is being imposed with increasing frequency. Professor Coffee discusses the disturbing failure of the courts to require that the fiduciary's conduct have caused legally cognizable harm to the beneficiary. He concludes that an affirmative defense should be available to fiduciaries to show the lack of proximate cause between a breach and the injury. In addition, federal enforcement should occur only after state and private remedies have proven inadequate.

The Dismantling Of Higher Education Part 2, William K.S. Wang

Faculty Scholarship

No abstract provided.

Mccormick On Evidence And The Concept Of Hearsay: A Critical Analysis Followed By Suggestions To Law Teachers, Roger C. Park

Faculty Scholarship

No abstract provided.

Protecting Privacy Under The Fourth Amendment, Rory Little

Faculty Scholarship

No abstract provided.

Reliance In The Revised Restatement: The Proliferation Of Promissory Estoppel, Charles L. Knapp

Faculty Scholarship

No abstract provided.

Communicating With Juries: Problems And Remedies, William W. Schwarzer

Faculty Scholarship

No abstract provided.

Byu Education Week Lectures On The History Of Mormon Lawyers, James H. Bachman

Faculty Scholarship

• Introduction.

• Pt. I. Attitudes within the Mormon Church toward the study of law.

• Pt. II. The pioneer lawyer.

• Pt. III. The increasing stature and impact of Mormon lawyers

• The J. Reuben Clark era.

• Pt. IV. The J. Reuben Clark Law School and Mormon Lawyers today.

• Bibliography.

Defects And The Central Peak In Srtio3, Rolfe G. Petschek

Faculty Scholarship

It has been suggested that defects cause the central peak in SrTiO3. This paper presents a mean-field study of point defects which couple so strongly to the order parameter that nonlinear interactions in neighboring cells are important. Fair agreement with experimental results from electron paramagnetic resonance is found with a concentration of defects fitted to inelastic neutron scattering results. The hindered reorientation of domains is found to be consistent with this concentration of defects.

Shifting Perspective In Product Liability: From Quality To Process Standards, Aaron Twerski, Alvin S. Weinstein, William H. Donaher, Henry R. Piehler

Faculty Scholarship

No abstract provided.

Panel: State Action And The Constitutional Accountability Of Private Utilities, Joel Gora

Faculty Scholarship

No abstract provided.

Meeting The Equal Credit Opportunity Act's Specificity Requirement: Judgmental And Statistical Scoring Systems, Winnie F. Taylor

Faculty Scholarship

No abstract provided.

The First Amendment And The Free Press: A Comment On Some New Trends And Some Old Theories, William W. Van Alstyne

Faculty Scholarship

Responding to the trend of media rights being subjugated through the legal process, this article examines Justice Stewart's suggestion that the media should be treated with extra deference in First Amendment cases. This examination looks at the sufficiency of the press's claim of judicial harshness, whether the press should be treated differently than other speakers, and also compares press freedom in foreign nations.

Constitutional Privacy In Psychotherapy, Steven R. Smith

Faculty Scholarship

No abstract provided.

New York Proposed Code Of Evidence: Article V, The Symposium: The New York Proposed Code Of Evidence, Michael M. Martin

Faculty Scholarship

Article V of the New York Proposed Code of Evidence sets forth the rules of evidentiary privilege. Unlike other articles of the Proposed Code, it differs significantly from its federal counterpart. Article V of the Federal Rules of Evidence consists of only rule 501, which provides that, unless otherwise required by the constitution or federal statute, privileges in federal courts are governed by "the principles of the common law as they may be interpreted... in the light of reason and experience." Rule 501 further provides, however, that questions of privilege in civil cases as to which state law supplies the …