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Major Sources Of Criteria Pollutants In Nonattainment Areas: Balancing The Goals Of Clean Air, Environmental Justice, And Industrial Development, Eileen Gauna Jul 1996

Major Sources Of Criteria Pollutants In Nonattainment Areas: Balancing The Goals Of Clean Air, Environmental Justice, And Industrial Development, Eileen Gauna

Faculty Scholarship

If an area is suffering from economic decay as well as unhealthy air, should new facilities -- and more pollution -- be allowed into the area anyway? If so, the result is that impoverished areas are afforded less environmental protection.This article addresses an important aspect of this dilemma: under what circumstances, if any, should a facility which will emit large amounts of air pollution be allowed to locate or expand operations in areas of existing poor air quality? Part II of this article provides a brief historical explanation of the Clean Air Act as it pertains to major stationary sources. …


The Executive Power Of Constitutional Interpretation, Gary S. Lawson, Christopher D. Moore Jul 1996

The Executive Power Of Constitutional Interpretation, Gary S. Lawson, Christopher D. Moore

Faculty Scholarship

It is emphatically the province and duty of the President to say what the law is, including the law embodied in the Federal Constitution. In the mid-1980s, a claim of this sort would have been received by the legal intelligentsia with some combination of bemusement and outrage. One would have heard, loudly and often, that it is the special province of the federal courts to declare the meaning of the Constitution, -Lnd that any attempt to question the judiciary's supreme interpretative role, especially in favor of an interpretative role for the President, was an attack on the rule of law …


A Three-Dimensional Model Of Stadium Owner Liability In Spectator Injury Cases, Joshua E. Kastenberg Jul 1996

A Three-Dimensional Model Of Stadium Owner Liability In Spectator Injury Cases, Joshua E. Kastenberg

Faculty Scholarship

This article analyzes the duties placed on the stadium and event-site owners to prevent such injuries, as well as the defenses available to stadium and event-site owners. Spectator injuries constitute a large area of negligence law and there is a commonality among the various spectator sports. This article analyzes stadium/event-site owner liability in a three-dimensional model. The purpose of a three-dimensional model is to unweave the complex fabric which constitutes liability for spectator injuries. Various sports are independently analyzed in the first section, which represents one dimension. Part II assesses three common types of jurisdictions which affect the stadium/event-site owner's …


Consensus, Dissensus And Contractual Obligation Through The Prism Of Uniform International Sales Law, Michael P. Van Alstine Jun 1996

Consensus, Dissensus And Contractual Obligation Through The Prism Of Uniform International Sales Law, Michael P. Van Alstine

Faculty Scholarship

No abstract provided.


Brief Of Intervenor, Women’S Legal Education And Action Fund (Leaf), Goertz V. Gordon, Laura Spitz May 1996

Brief Of Intervenor, Women’S Legal Education And Action Fund (Leaf), Goertz V. Gordon, Laura Spitz

Faculty Scholarship

Historically, women have been almost exclusively responsible for the unpaid labour of child care with the assumption of primary child care responsibilities after separation. The courts must analyze each situation to determine whether a joint custody arrangement, in law, is in fact true equal parenting, in roles and responsibilities, or one more akin to sole custody when considering relocation restrictions.


Reexamining Copyright's Incentives--Access Paradigm, Glynn S. Lunney Jr Apr 1996

Reexamining Copyright's Incentives--Access Paradigm, Glynn S. Lunney Jr

Faculty Scholarship

To suggest a more appropriate approach for determining the proper scope of copyright, this Article critically reexamines the economic justification for copyright and identifies allocative efficiency, rather than the incentives-access balance, as the appropriate guide. From an allocative-efficiency perspective, copyright provides the proper degree of protection when it ensures that individuals will produce works of authorship if, and only if, such production would represent the most highly valued use of their resources. In a world of finite resources, more works of authorship must mean less of something else. Unless the production of an additional work of authorship is inherently more …


Isn't It A Crime: Feminist Perspectives On Spousal Immunity And Spousal Violence, Malinda L. Seymore Mar 1996

Isn't It A Crime: Feminist Perspectives On Spousal Immunity And Spousal Violence, Malinda L. Seymore

Faculty Scholarship

Much has been written about the reluctance of police to arrest in domestic violence cases and the reluctance of the state to prosecute such cases. Part of that reluctance may be caused by prevalent societal attitudes that diminish the importance of spousal violence. In a number of jurisdictions, the reluctance to pursue criminal sanctions against married abusers is caused by the difficulty of procuring the battered spouses' testimony.5 In those jurisdictions, the prosecutor cannot compel a reluctant spouse's testimony because of the spousal privilege not to testify against a defendant spouse. Even in jurisdictions that have some exceptions to the …


Lessons From The Past: Revenge Yesterday And Today, Tamar Frankel Feb 1996

Lessons From The Past: Revenge Yesterday And Today, Tamar Frankel

Faculty Scholarship

Professor Seipp's Paper transports us to the Middle Ages to discover a society that views crime and tort quite differently from the way we view these categories today. Yet our discovery of that society offers a perspective about our own. In Professor Seipp's world the victim of a wrong had a choice: demand revenge by determining how the wrongdoer would be punished, or demand monetary compensation. These two entitlements were mutually exclusive. The victim could choose either one, but to some extent, especially in earlier times, the right of revenge was considered a higher right that the victim was expected …


The Innkeeper's Tale: The Legal Development Of A Public Calling, David S. Bogen Jan 1996

The Innkeeper's Tale: The Legal Development Of A Public Calling, David S. Bogen

Faculty Scholarship

No abstract provided.


Unfunded Environmental Mandates And The "New (New) Federalism": Devolution, Revolution, Or Reform, Rena I. Steinzor Jan 1996

Unfunded Environmental Mandates And The "New (New) Federalism": Devolution, Revolution, Or Reform, Rena I. Steinzor

Faculty Scholarship

No abstract provided.


The New Paradigm In Custody Law: Looking At Parents With A Loving Eye, Mary Kate Kearney Jan 1996

The New Paradigm In Custody Law: Looking At Parents With A Loving Eye, Mary Kate Kearney

Faculty Scholarship

No abstract provided.


A Mortgage By Any Other Name: A Plea For The Uniform Treatment Of Installment Land Contracts And Mortgages Under The Bankruptcy Code, Juliet M Moringiello Jan 1996

A Mortgage By Any Other Name: A Plea For The Uniform Treatment Of Installment Land Contracts And Mortgages Under The Bankruptcy Code, Juliet M Moringiello

Faculty Scholarship

No abstract provided.


Images Of Law School And Law Teaching In An Imperfect Spy, Stacy Caplow, Spencer W. Waller Jan 1996

Images Of Law School And Law Teaching In An Imperfect Spy, Stacy Caplow, Spencer W. Waller

Faculty Scholarship

No abstract provided.


The Legal Culture Of Northern New Spain, 1700-1810 By Charles R. Cutter, G. Emlen Hall Jan 1996

The Legal Culture Of Northern New Spain, 1700-1810 By Charles R. Cutter, G. Emlen Hall

Faculty Scholarship

The Legal Culture of Northern New Spain, 1700-1810. By Charles R. Cutter. (Albuquerque: University of New Mexico Press, 1995. xii+ 227 pp. Illustrations, maps, notes, bibliography, index. $39.95.)


Capital Murder And The Domestic Discount: A Study Of Capital Domestic Murder In The Post Furman Era, Elizabeth Rapaport Jan 1996

Capital Murder And The Domestic Discount: A Study Of Capital Domestic Murder In The Post Furman Era, Elizabeth Rapaport

Faculty Scholarship

In this Article I will challenge the tendency to discount the severity of domestic homicide, a phenomenon I call "the domestic discount." I will argue against automatic mitigation-the imputation of provocation or diminished capacity-simply or merely because the relationship" between victim and defendant is domestic or sexually intimate. I will argue that the traditional hot blood/cold blood dichotomy is an imperfect guide to the moral grading of homicide offenses. In particular, reliance on it has led to the under evaluation of the seriousness of some domestic homicides. It is my contention, or hypothesis, that the conclusions I draw from the …


Rationality And The Foundations Of Positive Political Theory, Mathew D. Mccubbins, Michael F. Thies Jan 1996

Rationality And The Foundations Of Positive Political Theory, Mathew D. Mccubbins, Michael F. Thies

Faculty Scholarship

In this paper, we discuss and debunk the four most common critiques of the rational choice research program (which we prefer to call Positive Political Theory) by explaining and advocating its foundations: the rationality assumption, component analysis (abstraction), strategic behavior, and theory building, in turn. We argue that the rationality assumption and component analysis, properly understood, can be seen to underlie all social science, despite the protestations of critics. We then discuss the two ways that PPT most clearly contributes to political science (i.e., what distinguishes it from other research programs), namely the introduction of strategic behavior (people do not …


Same-Sex Marriage And The Public Policy Exception In Choice-Of-Law: Does It Really Exist?, Barbara Cox Jan 1996

Same-Sex Marriage And The Public Policy Exception In Choice-Of-Law: Does It Really Exist?, Barbara Cox

Faculty Scholarship

No abstract provided.


Searches, Seizures, Confessions, And Some Thoughts On Criminal Procedure: Regulation Of Police Investigation -- Legal, Historical, Empirical, And Comparative Materials, Daniel B. Yeager Jan 1996

Searches, Seizures, Confessions, And Some Thoughts On Criminal Procedure: Regulation Of Police Investigation -- Legal, Historical, Empirical, And Comparative Materials, Daniel B. Yeager

Faculty Scholarship

Criminal procedure casebooks densely populate the market but rarely are reviewed. In Criminal Procedure: Regulation of Police Investigation-Legal, Historical, Empirical, and Comparative Materials, Christopher Slobogin copes with the anxiety of influence by writing a different sort of text. Simply put, the book is outwardly somewhat homely. Aesthetics aside, the book is mostly excellent and astonishingly so for a first edition. As the subtitle promises, the book has something for everyone: historians, empiricists, comparativists, theoreticians, case-crunchers, and practitioners. This review essay tracks the book's crowning achievement-the refreshing and inventive "perspectives" chapter that opens the book. The essay then reflects on …


Helping, Doing, And The Grammar Of Complicity, Daniel B. Yeager Jan 1996

Helping, Doing, And The Grammar Of Complicity, Daniel B. Yeager

Faculty Scholarship

This essay is about the grammatical and, to a lesser extent, moral aspects of the law of complicity, which treats someone who helps someone else commit a crime as though the helper himself committed the crime. The point I hope to make here is similar to the one Professor Phillip Johnson made about what he called "the unnecessary crime of conspiracy."


The Carpenter And The Crocodile, Garrett Power Jan 1996

The Carpenter And The Crocodile, Garrett Power

Faculty Scholarship

Pre-revolutionary Baltimore Town grew rapidly in commerce and population. Its harbor on the Chesapeake Bay served a larger trading area than any other American seaport at the time. In the 17770s two young fortune seekers - Leonard Harbaugh, carpenter and Christopher Hughes, silversmith - arrived in Baltimore from Ireland. This paper explores the role that each played in developing Baltimore's physical, monetary and legal landscape.


Bankruptcy Law In European Countries Emerging From Communism: The Special Legal And Economic Challenges, Samuel Bufford Jan 1996

Bankruptcy Law In European Countries Emerging From Communism: The Special Legal And Economic Challenges, Samuel Bufford

Faculty Scholarship

Bankruptcy law is developing rapidly in the countries of Central and Eastern Europe (CEE) that have recently escaped the domination of the Union of Soviet Socialist Republics (USSR). The communist governments fell in those countries that were separate from the USSR in 1989, and those countries that were a part of the USSR gained their independence and acquired new non-communist governments in 1989 (the Baltic states) and 1991 (Ukraine, Belarus, Moldova, and Russia). While many other areas of law that are basic to the development of a market economy need substantial development or revision, bankruptcy law is leading the way, …


“And To The Republic For Which It Stands”: Guaranteeing A Republican Form Of Government, Catherine A. Rogers, David L. Faigman Jan 1996

“And To The Republic For Which It Stands”: Guaranteeing A Republican Form Of Government, Catherine A. Rogers, David L. Faigman

Faculty Scholarship

Most scholars who have addressed voter initiatives suggest only that the Guarantee Clause requires that the Supreme Court take a more active role in reviewing the constitutionality of state initiative measures. In contrast, we argue in this Essay that the Guarantee Clause establishes a per se prohibition against state initiatives. Part I of this Essay briefly examines the historical origins of the Guarantee Clause and the Founders’ apprehensions of direct democracy. Part II observes how modern state initiatives provide contemporary illustrations of the Founders’ philosophical concerns about direct democracy. Part III concludes that state initiative measures constitute per se violations …


Remembering Melville Nimmer: Some Cautionary Notes On Commercial Speech, William W. Van Alstyne Jan 1996

Remembering Melville Nimmer: Some Cautionary Notes On Commercial Speech, William W. Van Alstyne

Faculty Scholarship

This examination concerns itself with two main questions: what qualifies as commercial speech and how much protection does commercial speech enjoy under the First Amendment when compared to other forms of speech. The trend of the Court indicates that commercial speech enjoys protections similar to political speech.


International Contracts In European Courts: Jurisdiction Under Article 5(1) Of The Brussels Convention, Herbert Bernstein Jan 1996

International Contracts In European Courts: Jurisdiction Under Article 5(1) Of The Brussels Convention, Herbert Bernstein

Faculty Scholarship

No abstract provided.


Blending As A Central Process Of Grammar, Mark Bernard Turner Jan 1996

Blending As A Central Process Of Grammar, Mark Bernard Turner

Faculty Scholarship

Constructions are long-term memory associations of form and meaning. How are they formed and learned, how do they change, and how do they combine into new utterances (constructs, communicative performances) in working memory? This chapter analyzes the role and process of conceptual integration (blending) in the creation and use of constructions.


"Weightier Than A Mountain": Duty, Hierarchy, And The Consumer In Japan, Anita Bernstein, Paul Fleming Jan 1996

"Weightier Than A Mountain": Duty, Hierarchy, And The Consumer In Japan, Anita Bernstein, Paul Fleming

Faculty Scholarship

No abstract provided.


Copyright: From Stone Age Caves To The Celestial Jukebox, Nick Allard Jan 1996

Copyright: From Stone Age Caves To The Celestial Jukebox, Nick Allard

Faculty Scholarship

No abstract provided.


A Watershed Issue: The Role Of Streamflow Protection In Northwest River Basin Management, Reed D. Benson Jan 1996

A Watershed Issue: The Role Of Streamflow Protection In Northwest River Basin Management, Reed D. Benson

Faculty Scholarship

Watershed management has become a popular approach to environmental problems in the Northwest. Federal, regional, state, local, and tribal watershed efforts are in progress throughout the region. The popularity of the watershed approach can be traced to ecological and political factors. Most watershed management activities, however, focus more on land use and riparian measures than on providing and protecting instreamflows. For both legal and political reasons, watershed efforts tend to avoid water rights issues. Such efforts tend not to be well connected with instream flow protection or water resource planning under state law. Unless they address the need for streamflows, …


Artistic Parody: A Theoretical Construct, Sherri L. Burr Jan 1996

Artistic Parody: A Theoretical Construct, Sherri L. Burr

Faculty Scholarship

This article looks at artists and copyright holders who sue parodists and claim a violation of the copyright in their works, and proposes increasing the available options for parodists.


How Do Judges Decide Divorce Cases?: An Empirical Analysis Of Discretionary Decision Making, Marsha Garrison Jan 1996

How Do Judges Decide Divorce Cases?: An Empirical Analysis Of Discretionary Decision Making, Marsha Garrison

Faculty Scholarship

No abstract provided.