Digital Commons Network^™

Introduction: Reconnecting Labor And Civil Rights Advocacy, Susan P. Sturm

Faculty Scholarship

Labor and civil rights movements in the United States share the aspiration of empowering workers to attain economic and social justice in the workplace. From their inception, both movements have articulated goals that link individual dignity and group empowerment, economic access and fair treatment, legal entitlements and political mobilization. They proceed on the premise that the workplace is a site where vital economic interests and possibilities for self-development come together. Put otherwise, both forms of advocacy strive for a regime that links these concerns to do justice to the workplace as a site for the expression of democratic citizenship.

Disciplinary Restrictions On Multidisciplinary Practice: Their Derivation, Their Development, And Some Implications For The Core Values Debate The Future Of The Profession: A Symposium On Multidisciplinary Practice, Bruce A. Green

Faculty Scholarship

Many of the legal profession's disciplinary rules are of venerable lineage. For example, the provisions of contemporary disciplinary codes concerning conflicts of interest derive from the 1908 Canons of Professional Ethics (Canons), which, in turn, can be traced back to late nineteenth century state ethics codes, to mid-nineteenth-century lectures and writings, 3 and to earlier common-law agency principles. Although lawyers to- day disagree about what the precise contours of the conflict rules should be, these rules embody basic principles of loyalty, competence and confidentiality that are fundamental, traditional, and universally supported by lawyers. These are defining principles for the practice …

Law Day 2050: Post-Professinalism, Moral Leadership, And The Law-As-Business Paradigm Symposium, Russell G. Pearce

Faculty Scholarship

Inspired by Ted Schneyer's future history of professional discipline' and Bob Gordon's descrption of "the hazy aspirational world" of the "Law Day Sermon,' I offer a vision of the legal profession 'a next fifty years in the form of a Law Day speech from the year 2050. Looking back on developments in the first half of the twenty-first century, this piece explores the implications of the analysis proposed in my earlier article, The Professionalism Paradigm Shift: Why Discarding Professional Ideology Will Improve the Conduct and Reputation of the Bar. The speech presents a projection of the moral leadership the bar …

Stepping Into The Same River Twice: Rapidly Changing Facts And The Appellate Process, Stuart M. Benjamin

Faculty Scholarship

No abstract provided.

Abdication Or Delegation? Congress, The Bureaucracy, And The Delegation Dilemma, Mathew D. Mccubbins

Faculty Scholarship

No abstract provided.

Reflective Choice In Health Care: Using Information Technology To Present Allocation Options, Arti K. Rai

Faculty Scholarship

No abstract provided.

The Impact On Securitization Of Revised Ucc Article 9, Steven L. Schwarcz

Faculty Scholarship

No abstract provided.

Organized Violence And The Future Of International Law: A Practitioner's View Of The Emerging Issues, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Review Of Jesse Dukeminier And James E. Krier, Property (4th Edition 1998), Andrew P. Morriss

Faculty Scholarship

Professors Dukeminier and Krier's property casebook is reputed to be the market leader in Property casebooks; I have heard estimates that it has as much as a fifty percent market share. This position is well-deserved-the casebook is thorough, comprehensive, well-written, error free, and, a significant feature for new teachers, has the best teacher's manual I have encountered for any casebook in any subject. IBM once sold computers because "No one ever got fired for choosing IBM." An analogous claim can be made for this casebook-no one ever provoked significant faculty or student unrest by choosing Dukeminier and Krier.

In this …

Property Law: 1998 Survey Of Florida Law, Ronald B. Brown, Joseph M. Grohman

Faculty Scholarship

No abstract provided.

Regulatory Takings And Original Intent: The Direct, Physical Takings Thesis Goes Too Far, Andrew S. Gold

Faculty Scholarship

No abstract provided.

The Continuing Relevance Of Section 8 (A) (2) To The Contemporary Workplace, Michael C. Harper

Faculty Scholarship

In this article I evaluate the claims of the critics of the current section 8(a)(2). I do so, as I believe would Professor St. Antoine, ¹⁴ with an eye toward the historical development of new production systems in America and the concomitant development of personnel policies to fit those systems. I consider the purposes for which firm managers seemed to establish and control employee advisory committees before passage of the NLRA and the purposes for which managers seem to establish and control such committees in today's economy. I conclude that these purposes have not substantially changed. Managers before passage of …

Pain Management And Palliative Care In The Era Of Managed Care: Issues For Health Insurers, Diane E. Hoffmann

Faculty Scholarship

No abstract provided.

Dynamic Treaty Interpretation, Michael P. Van Alstine

Faculty Scholarship

No abstract provided.

Defining The Economic Relationship Appropriate For Collective Bargaining, Michael C. Harper

Faculty Scholarship

These are, of course, difficult times for those who share the goals of the framers of the original National Labor Relations Act (the "NLRA" or "Act") .' As union density in the private sector has continued to decline² and as the NLRA has proven helpless against the economic developments that have generated continuing employer resistance to collective bargaining, the original vision of the Wagner Congress must seem myopic and shaded with an excessively optimistic tint. Observing these economic developments and the enhanced impediments to union organization that they have posed makes it clear that only a much different statute …

Proxy Consent To Participation Of The Decisionally Impaired In Medical Research - Maryland's Policy Initiative, Diane E. Hoffmann

Faculty Scholarship

No abstract provided.

Tobacco Litigation's Third Wave: Has Justice Gone Up In Smoke?, David A. Hyman

Faculty Scholarship

No abstract provided.

Reinventing Environmental Regulation Via The Government Performance And Results Act: Where's The Money?, Rena I. Steinzor, William F. Piermattei

Faculty Scholarship

No abstract provided.

Reinventing Environmental Regulation: Back To The Past By Way Of The Future, Rena I. Steinzor

Faculty Scholarship

No abstract provided.

The Supreme Court 1997- 1998 Labor And Employment Law Term (Part Ii): The Nlra, Takings Clause, And Ada Cases, Marley S. Weiss

Faculty Scholarship

No abstract provided.

Administrative Law Progress In 1997: Selected Pennsylvania Supreme Court Decisions Involving Constitutional And Administrative Law, John L. Gedid

Faculty Scholarship

No abstract provided.

Reflections On Comparative Law, Environmental Law, And Sustainability, John C. Dernbach

Faculty Scholarship

No abstract provided.

Sustainable Development As A Framework For National Governance, John C. Dernbach

Faculty Scholarship

No abstract provided.

The Immutability Of Faith And The Necessity Of Action, Randy Lee

Faculty Scholarship

No abstract provided.

The Pre-Emption Presumption That Never Was: Pre-Emption Doctrine Swallows The Rule, Susan Raeker-Jordan

Faculty Scholarship

No abstract provided.

Brandeis, Progressivism, And Commercial Law: Rethinking Benedict V. Ratner, Edward J. Janger

Faculty Scholarship

No abstract provided.

Autonomy Or Community? An Evaluation Of Two Models Of Parental Obligation, Marsha Garrison

Faculty Scholarship

No abstract provided.

Book Reviews: Bodies Of Law By Alan Hyde, Cynthia Godsoe

Faculty Scholarship

No abstract provided.

Slashing And Burning Prisoners Rights: Congress And The Supreme Court In Dialogue, Susan Herman

Faculty Scholarship

No abstract provided.

Religious Rituals And Latcrit Theorizing, Margaret E. Montoya

Faculty Scholarship

After the first annual LatCrit conference held at La Jolla, California, Professor Keith Aoki observed that "issues of religion and spirituality are submerged not far below the surface of emerging Latina/o Critical Theory." He proposed that LatCrits begin to "unbracket" religious affiliation and identity in the construction and representation of individual and group racial identities. Professor Aoki further posited that "[i]n a paradoxical way, religion simultaneously may be both more and less difficult to voluntarily discard than race, language or nationality as a constitutive element of one's individual and group identity.