Digital Commons Network^™

The Future Of Civil Rights: A Dialogue, Margaret E. Montoya

Faculty Scholarship

Eight social science, humanities, and legal scholars discuss a wide range of perspectives on civil rights (edited by John Paul Ryan). The conversation traverses civil rights stories in the U.S. and abroad since 1968, the relationships between immigration and civil rights, the enforcement of civil rights and the role of the courts, and the impact of September 11 on civil rights in the future. Co-authored with John Paul Ryan, Angelo Ancheta, Erik Bleich, Tim Borstelmann, Gloria Browne-Marshall, Chai Feldblum, Anita Hodgkiss, & John D. Skrentny

A "Freshman" Takes Charge: Judge John J. Parker Of The United States Court Of Appeals, 1925-1930, Peter G. Fish

Faculty Scholarship

No abstract provided.

Please Forgive Me: Transgressors’ Emotions And Physiology During Imagery Of Seeking Forgiveness And Victim Responses, Charlotte Witvliet, Thomas Ludwig, David L. Bauer

Faculty Scholarship

We assessed transgressors’ subjective emotions and physiological responses in a within-subjects imagery study involving 20 male and 20 female participants. Two imagery conditions focused on the transgressor’s actions: participants 1) ruminated about a real-life transgression and 2) imagined seeking forgiveness from the victim. Three imagery conditions focused on the victim’s possible responses: participants imagined their victims responding with 1) a grudge, 2) genuine forgiveness, and 3) reconciliation. Compared to ruminations about one’s transgression or an unforgiving response from the victim, imagery of forgiveness-seeking and merciful responses from victims (forgiveness and reconciliation) prompted improvements in basic emotions (e.g., sadness, anger) and …

Protecting The Endangered Human: Toward An International Treaty Prohibiting Cloning And Inheritable Alterations, George J. Annas, Lori B. Andrews, Rosario M. Isasi

Faculty Scholarship

We humans tend to worry first about our own happiness, then about our families, then about our communities. In times of great stress, such as war or natural disaster, we may focus temporarily on our country but we rarely think about Earth as a whole or the human species as a whole. This narrow perspective, perhaps best exemplified by the American consumer, has led to the environmental degradation of our planet, a grossly widening gap in living standards between rich and poor people and nations and a scientific research agenda that focuses almost exclusively on the needs and desires of …

Medical Privacy And Medical Research: Judging The New Federal Regulations, George J. Annas

Faculty Scholarship

Americans support both protecting the privacy of medical records and encouraging medical research. Thus, it is not surprising that a move to change practices in these two areas has generated attention and comment. The new federal regulations, promulgated under the authority of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), were adopted to protect the privacy of medical records. They were not specifically designed to facilitate or limit medical research. Nonetheless, the regulations have prompted strong objections from the biotechnology industry and from academic medicine. The Association of American Medical Colleges and the Biotechnology Industry Organization have argued …

Moral Progress, Mental Retardation, And The Death Penalty, George J. Annas

Faculty Scholarship

Two major aspects of the death penalty in the United States directly involve physicians: how the death penalty is carried out and who is subject to execution. As a matter of constitutional law, both are governed by the prohibition against “cruel and unusual” punishment in the Eighth Amendment. The meaning of “cruel and unusual,” unlike every other part of the U.S. Constitution, is determined by public opinion as it reflects society's evolving standards of decency. With regard to how the death penalty is carried out, the role of physicians in capital punishment has been controversial for more than two decades. …

Lawyer Ethics Code Drafting In The Twenty-First Century, Nancy J. Moore

Faculty Scholarship

In 1997, the American Bar Association ("ABA") created the Commission on the Evaluation of the Rules of Professional Conduct otherwise known as the Ethics 2000 Commission ("Commission"). The Commission was charged with conducting a comprehensive review of the Model Rules of Professional Conduct ("Model Rules") to determine what changes were necessary to update the Model Rules and make them relevant to the practice of law in the twenty-first century? In August 2001, the Commission issued a 300-page report recommending numerous changes to the Rules. These recommendations have been considered by the ABA House of Delegates and were largely approved. As …

Common Law And Statutory Restrictions On Access: Contract, Trespass, And The Computer Fraud And Abuse Act, Maureen A. O'Rourke

Faculty Scholarship

Is copyright law relevant to the terms of access to information? Certainly, few would seriously contend that breaking into a locked filing cabinet to obtain access to a manuscript is not sanctionable, even if the intruder had some purpose that copyright law would applaud with respect to the information contained in the manuscript itself. Many instinctively believe that one must pay the asking price and respect the terms that accompany a copyrighted work or face the consequences under some set of laws like copyrights or contracts. In short, society likely generally believes that market forces regulate the conditions of access …

Preparing For The Clothed Public Square: Teaching About Religion, Civic Education, And The Constitution, Jay D. Wexler

Faculty Scholarship

Although law and religion scholars have long argued about whether American culture marginalizes religious belief, many important indicators suggest that religion indeed plays a prominent role in contemporary American life. America is an extremely religious nation. Polls consistently show that about ninety percent of Americans continue to believe in God, and both church attendance and membership remain at high levels. This religiosity, moreover, spills out into the public square. A great many Americans rely on religious reasons when thinking and talking about public issues. Ninety percent of the members of Congress, by one report, consult their religious beliefs when voting …

Adventures With Lori Andrews, George J. Annas

Faculty Scholarship

The subtitle of Lori Andrew's autobiographical The Clone Age is "Adventures in the New World of Reproductive Technology."' This may seem an odd characterization of the life of a legal scholar, but adventures is just right to chronicle the life of this academic legal activist. Lori's legal adventures began at Yale Law School and continue in Chicago, where she was a researcher at the American Bar Association for over a decade and is now professor of law at Chicago-Kent College of Law and Director of the Institute for Science, Law and Technology. Her adventures in health law can also be …

After Orange County: Reforming California Municipal Bankruptcy Law, Frederick Tung

Faculty Scholarship

Because of federal constitutional concerns, a municipal entity may resort to federal bankruptcy protection only with the authorization of its state. Federal law requires that a municipality be "specifically authorized" under state law to file for bankruptcy protection. Existing California law provides fairly broad authorization for its municipalities, but the statute is in need of both technical and substantive revision. After discussing constitutional concerns and surveying other states' approaches to municipal bankruptcy authorization, Professor Tung recommends a system of discretionary access, in which the governor holds discretionary power to approve, disapprove, or condition a municipality's access to bankruptcy.

Our Economy Of Mothers And Others: Women And Economics Revisited, Joan C. Williams

Faculty Scholarship

No abstract provided.

Cloning And Federalism, Ashutosh Bhagwat

Faculty Scholarship

No abstract provided.

Law And Justice In The Twenty-First Century, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Adapting Meditation To Promote Negotiation Success A Guide To Varieties And Scientific Support, Clark Freshman, Adele M. Hayes, Greg C. Feldman

Faculty Scholarship

No abstract provided.

Tweaking The Market For Autonomy A Problem Solving Perspective To Informed Consent In Arbitration, Clark Freshman

Faculty Scholarship

No abstract provided.

Foreword, Dave Owen

Faculty Scholarship

No abstract provided.

The Lawyer-Negotiator As Mood Scientist: What We Know And Don't Know About How Mood Relates To Successful Negotiation, Clark Freshman, Adele Hayes, Greg Feldman

Faculty Scholarship

No abstract provided.

Taking Contracts Private: The Quiet Revolution In Contract Law, Charles L. Knapp

Faculty Scholarship

No abstract provided.

Comparing Precaution In The United States And Europe, Jonathan B. Wiener, Michael D. Rogers

Faculty Scholarship

The regulation of health and environmental risks has generated transatlantic controversy concerning precaution and the precautionary principle (PP). Conventional wisdom sees the European Union endorsing the PP and proactively regulating uncertain risks, while the United States opposes the PP and waits for evidence of harm before regulating. Without favouring either approach, this paper critically analyses the conventional depiction of transatlantic divergence. First, it reviews several different versions of the PP and their different implications. Second, it broadens the transatlantic comparison of precaution beyond the typical focus on single-risk examples, such as genetically modified foods. Through case studies, including hormones in …

Genetic Interventions: (Yet) Another Challenge To Allocating Health Care, Arti K. Rai

Faculty Scholarship

No abstract provided.

Financial Holding Company Liability After Gramm-Leach-Bliley, Eric J. Gouvin

Faculty Scholarship

This Article examines the extent to which financial holding companies formed under the Gramm-Leach-Bliley Act (GLB Act) will bear the costs of the failure of their bank subsidiaries. Pre-GLB Act banking law provided numerous ways to impose liability on bank holding companies for bank failure. The GLB Act itself added some provisions dealing with holding company liability, providing protections for receivers of failed institutions and adding ammunition to the regulators' "source of strength" theory for imposing liability on bank holding companies, and, by extension, on financial holding companies. But despite tinkering at the edges, the GLB Act did not provide …

Human Rights, Terrorism, And Trade – Remarks By Lori Fisler Damrosch, Lori Fisler Damrosch

Faculty Scholarship

By putting human rights first and terrorism in the middle, I hope to open up questions about linkages among these regimes and whether measures within one regime can advance objectives of the others.

Positionality, Epistemology, And Social Justice In The Classroom, David Takacs

Faculty Scholarship

No abstract provided.

Litigating Time In America At The Turn Of The Twentieth Century, Jenni Parrish

Faculty Scholarship

No abstract provided.

Using History To Inform Political Participation In A California History Course, David Takacs, Gerald Shenk

Faculty Scholarship

No abstract provided.

Some Realism About Comparativism: Comparative Law Teaching In The Hegemonic Jurisdiction, Ugo Mattei

Faculty Scholarship

No abstract provided.

The Metes And Bounds Of State Sovereign Immunity, Scott Dodson

Faculty Scholarship

No abstract provided.

Introduction: The Virtues And Vices Of Skeptical Environmentalism, Jonathan H. Adler, Andrew P. Morriss

Faculty Scholarship

Introduction Extract:

The Skeptical Environmentalist: Measuring the Real State of the World by Bjorn Lomborg' is the most talked about environmental book in recent memory. Lomborg's central thesis is relatively straightforward: "Our doomsday conceptions of the environment are not correct." To the contrary, in recent decades humanity's lot has "improved in terms of practically every measurable indicator." Lomborg is not the first author to make this argument,4 but his book is the first to spark such a maelstrom of public attention. Its publication ignited controversy and debate on both sides of the Atlantic. Lomborg himself, an associate professor of statistics …

U.S. Custody Law And Trends In The Context Of The Ali Principles Of The Law Of Family Dissolution, Katharine T. Bartlett

Faculty Scholarship

No abstract provided.