Digital Commons Network^™

Proving The Law, Gary S. Lawson

Faculty Scholarship

Interpretative theory has become a major growth industry over the past two decades. Legal academics in particular have invested heavily in the enterprise, producing a burgeoning literature that addresses many of the most important problems of legal interpretation.1 The discussion to date, however, has largely neglected one critical aspect of interpretative theory: the selection of appropriate standards of proof for legal propositions. That neglect will not bother or surprise interpretative skeptics who doubt the utility of searching for "true" or "better" meanings of texts, but it ought to prove troubling to any theorist who wants to make absolute or comparative …

No "Sweat"? Copyright And Other Protection Of Works Of Information After Feist V. Rural Telephone, Jane C. Ginsburg

Faculty Scholarship

The Supreme Court's unanimous decision last Term in Feist Publications, Inc. v. Rural Telephone Service Co. proscribed copyright protection for works of information that fail to manifest a modicum of creative originality in selection or arrangement. Discarding a long – if lately uneasy – tradition of U.S. copyright coverage of informational works that display far greater industriousness than imagination, the Court ruled that copyright does not secure the "sweat of the brow" or the investment of resources in the compilation of a work of information. The Court thus stripped away or sharply reduced the copyright protection afforded a variety …

Paradigms Lost: The Blurring Of The Criminal And Civil Law Models – And What Can Be Done About It, John C. Coffee Jr.

Faculty Scholarship

Ken Mann's professed goal is to "shrink" the criminal law. To realize this worthy end, he advocates punitive civil sanctions that would largely parallel criminal sanctions, thereby reducing the need to use criminal law in order to achieve punitive purposes. I agree (heartily) with the end he seeks and even more with his general precept that "the criminal law should be reserved for the most damaging wrongs and the most culpable defendants." But I believe that the means he proposes would be counterproductive – and would probably expand, rather than contract, the operative scope of the criminal law as an …

Beyond The Second Amendment: An Individual Right To Arms Viewed Through The Ninth Amendment , Nicholas J. Johnson

Faculty Scholarship

Traditionally, the debate over the individual right to possess firearms has focused on the origins and meaning of the Second Amendment. Some constitutional scholars have dismissed the idea that the Second Amendment protects an individual right to arms. They argue that it only prevents the federal government from disarming states. Other scholars, focusing on the language of the amendment and its historical context, conclude that it does indeed establish an individual right to firearms. This article examines whether, even absent the Second Amendment, the Constitution restrains government from taking away what may be individuals' best tools of self-defense. The foothold …

Establishing Fault In Collision Cases, Joseph Sweeney

Faculty Scholarship

No abstract provided.

Starboard Hand Rule Under The 1972 Collision Regulations, Joseph Sweeney

Faculty Scholarship

No abstract provided.

A Tale Of Two Professions: The Third-Party Liability Of Accountants And Attorneys For Negligent Misrepresentation, Gary S. Lawson, Tamara Mattison

Faculty Scholarship

To whom does a professional owe a duty of care when providing professional services?1 The traditional answer, grounded in principles of contractual privity, is that professionals are liable for negligence to their clients, and perhaps to third-party beneficiaries of the client-professional relationship, but that their noncontractual obligations generally extend no further than a duty not to commit fraud.2 In the past two decades, however, courts have become increasingly willing to hold a wide range of professionals liable for their negligence to parties outside the chain of privity. 3 The accompanying growth of third-party4 lawsuits alleging professional negligence and in particular …

Closing The American Products Liability Frontier: The Rejection Of Liability Without Defect, Aaron Twerski, J. A. Henderson

Faculty Scholarship

No abstract provided.

Star Gazing: The Future Of American Products Liability Law, Aaron Twerski, J. A. Henderson

Faculty Scholarship

No abstract provided.

Real Property: 1991 Survey Of Florida Law, Ronald B. Brown

Faculty Scholarship

No abstract provided.

Aggregation Of Aqueous Suspensions Of Phospholipid Tubules, Min-Hua Lu, Jerome B. Lando, J. Adin Mann Jr., Rolfe G. Petschek, Charles Rosenblatt

Faculty Scholarship

[No abstract available]

Through The Looking Glass Darkly: Cleveland V. Piper Aircraft And Second Collision Liability, David J. Stout

Faculty Scholarship

The holding in Clevland v. Piper Aircraft Corpororation is in direct conflict with the analysis for the tort of crashworthiness and operates to undermine the fundamental social policies which formed the basis for the tort of crashworthiness. A thorough understanding of the Tenth Circuit's opinion, which is not binding on New Mexico state courts, and the reasons why the court misconstrued New Mexico law is essential for the successful prosecution of a crashworthiness case

Dynamics Of The Nematic-Electroclinic Effect, Rajesh Ambigapathy, Rolfe G. Petschek, Charles Rosenblatt

Faculty Scholarship

The effective response time eff of the nematic-electroclinic effect was determined as a function of driving frequency and temperature. Near the nematicsmectic-A transition temperature TNSm-A, eff was found to be a function of driving frequency, indicating the existence of more than one physical process. Several degrees above TNSm-A, eff was found to be frequency independent up to 100 kHz. At these temperatures, moreover, the effective response times are quite small, of order 100 ns.

Copyrights And State Liability, Beryl R. Jones-Woodin

Faculty Scholarship

No abstract provided.

Multiple Permits, Temporary Takings, And Just Compensation, Garrett Power

Faculty Scholarship

No abstract provided.

Dissolving The Sameness/Difference Debate: A Post-Modern Path Beyond Essentialism In Feminist And Critical Race Theory, Joan C. Williams

Faculty Scholarship

No abstract provided.

Gender Wars: Selfless Women In The Republic Of Choice, Joan C. Williams

Faculty Scholarship

No abstract provided.

Sunstein, Statutes, And The Common Law – Reconciling Markets, The Communal Impulse, And The Mammoth State, Peter L. Strauss

Faculty Scholarship

Professor Cass Sunstein's new book, After the Rights Revolution: Reconceiving the Regulatory State, builds upon, and in important ways seeks to integrate, much of Professor Sunstein's work over the past several years. He has been one of our most prolific and influential writers on issues of governmental structure, approaching the subject both from more or less conventional administrative law perspectives and from the constitutional perspectives of separation of powers. His work has dealt with a tension often addressed in the literature, that between the eighteenth-century Madisonian constitutional engine of limited, internally checked government and the realities of our sprawling …

Constitutional Politics In Poland: A Report On The Constitutional Committee Of The Polish Parliament, Andrzej Rapaczynski

Faculty Scholarship

This Article is neither a comprehensive historical account of the work of the Constitutional Committee of the Polish Parliament nor a theoretical synthesis of recent constitutional developments in Poland. Rather, it is a mixture of theory, anecdote, and personal reminiscence that I feel at this point most capable of providing. As will be seen, the work on the new Polish constitution has in some ways been overtaken by events that unfortunately have always lurked in the background of the drafters' work and influenced their decisions. In fact, it is not clear that Poland will enact anything resembling the draft prepared …

Sword Or Shield: The Past And Future Impact Of Western Legal Thought On American Indian Sovereignty (Reviewing Robert A. Williams Jr., The American Indian In Western Legal Thought (1990)), Kevin J. Worthen

Faculty Scholarship

No abstract provided.

The Whole Truth?: How Rules Of Evidence Make Lawyers Deceitful, Bruce A. Green

Faculty Scholarship

No abstract provided.

Assumption Of Risk After Comparative Negligence: Integrating Contract Theory Into Tort Doctrine, John L. Diamond

Faculty Scholarship

No abstract provided.

Jim Crow, Indian Style: The Disenfranchisement Of Native Americans, Jeanette Wolfley

Faculty Scholarship

This article examines the ongoing struggle of Indians to gain the right to vote and, thus, have a meaningful opportunity to fully participate in the political process. It will discuss historical and modern disenfranchisement and the continued progress toward the goal of political equality envisioned by the fifteenth amendment.

Radiative Kaon Capture On Deuterium And The Λn Scattering Lengths, William J. Fickinger, D. K. Robinson

Faculty Scholarship

The photon spectrum from K-d→Λnγ at rest has been measured for the first time. We obtained the branching ratio, in the end-point region, of (1.89±0.12±0.28)×10-3 where the first error is statistical and the second is systematic. We have found that the shape of the photon energy spectrum is consistent with the distribution calculated by Workman and Fearing with Λn scattering lengths and effective ranges predicted by the Nijmegen group.

Real Property Survey, Ronald B. Brown

Faculty Scholarship

No abstract provided.

The Asymmetrical Conditions Of Legal Responsibility In The Marketplace, Bailey Kuklin

Faculty Scholarship

No abstract provided.

Reflecting A King's Wisdom: Bridge-Building And Legal Analysis, Randy Lee

Faculty Scholarship

No abstract provided.

Has The Chancellor Shot Himself In The Foot? Looking For A Middle Ground On Rule 11 Sanctions, Melissa Lee Nelken

Faculty Scholarship

No abstract provided.

Justice Harlan's Conservatism And Altenative Possibilities, Kent Greenawalt

Faculty Scholarship

Bruce Ackerman and Charles Fried's rich essays address the subject of Justice Harlan as a conservative. One who comes to this topic has in mind questions like: Was Justice Harlan a conservative? If so, what kind of a conservative was he? How did his judicial actions exemplify a conservative approach? Most importantly, is his conservatism an appealing model for modern judicial practice?

Professors Ackerman and Fried's slices on this topic reflect their own casts of mind and philosophies of judging. Fried looks at a broad range of Justice Harlan's opinions and sets them against particular conservative qualities that Fried commends. …

Copyright In The 101st Congress: Commentary On The Visual Artists Rights Act And The Architectural Works Copyright Protection Act Of 1990, Jane C. Ginsburg

Faculty Scholarship

In the Visual Artists Rights Act, Congress has for the first time included moral rights within the U.S. copyright statute. Well-known in continental European copyright doctrine, and secured by the Berne Convention, moral rights afford protection for the author's personal, non-economic interests in receiving attribution for her work, and in preserving the work in the form in which it was created, even after its sale or licensing. These rights of attribution (sometimes infelicitously labeled the "right of paternity") and of integrity are conceptually distinct from the economic rights of exploitation set forth in section 106 of the 1976 Copyright Act. …