Digital Commons Network^™

Task Force Reports On Women In The Courts: The Challenge For Legal Education, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Hush: The Criminal Status Of Confidential Information After Mcnally And Carpenter And The Enduring Problem Of Overcriminalization, John C. Coffee Jr.

Faculty Scholarship

Each of the last three decades has witnessed an intense public reaction to a distinctive type of "white collar" crime. In the early 1960's, public attention was riveted by the Electrical Equipment conspiracy and the image of senior corporate executives of major firms meeting clandestinely to fix prices. In the mid-1970's, the focus shifted to corporate bribery, as the media ran daily stories regarding questionable payments abroad and illegal political contributions at home. The representative white collar crime of the 1980's is undoubtedly "insider trading." The archetype of this new kind of criminal in the public's mind is Ivan Boesky …

A Vice Of Its Virtues: The Perils Of Precision In Criminal Codification, As Illustrated By Retreat, General Justification, And Dangerous Utterances, Kent Greenawalt

Faculty Scholarship

My subject, the problem of precision in criminal codes, is hardly novel. Greater precision has been a major aim of systematic codification, which can specify what behavior is criminal in a way that is more rational, coordinated, and exact than would be possible if liability were determined by occasional statutory enactment, by common-law development, or by a combination of occasional statutes and judicial development. Under this last approach, which was typical in the United States prior to the Model Penal Code, statutes loosely set out the list of offenses and their penalties; critical elements of offenses and many defenses of …

Mistake In The Model Penal Code: A False False Problem, George P. Fletcher

Faculty Scholarship

No solution seems more gratifying to the modern theorist than to claim that an apparently serious problem is not really a problem at all. By branding nonfalsifiable propositions as nonsense, the Vienna circle of logical positivists discovered that the metaphysical concerns of others were really false problems. By ridding philosophy of false problems, Wittgenstein thought that he could let the fly escape from the bottle; he could release the philosophical spirit from its confounding constraints. Brainerd Currie brought this method to the law with his justly famous theory of false conflicts in the conflicts of laws. There was no need …

Colors In Conflicts: Moral Rights And The Foreign Exploitation Of Colorized U.S. Motion Pictures, Jane C. Ginsburg

Faculty Scholarship

This article explores an international aspect of the current debate over colorized motion pictures. Under the present U.S. copyright law, most film directors and other creative contributors to an audiovisual work are unlikely to obtain injunctive relief from a U.S. court against the exhibition or dissemination of color-encoded versions of black and white originals. The difficulty is not simply that the U.S. copyright law does not recognize a specific moral right of integrity independent of economic rights. The director's poor domestic prospects are largely due to U.S. copyright law's work-made-for-hire doctrine. Most contributors to an audiovisual work are employees for …

Spite Nominations To The United States Supreme Court: Herbert C. Hoover, Owen J. Roberts, And The Politics Of Presidential Vengeance In Retrospect, Peter G. Fish

Faculty Scholarship

Presidential revenge as a motivating force behind Supreme Court nominations is an ineluctable thread running through American judicial selection politics.

America And Other National Variations On The Theme Of International Commercial Arbitration, Thomas E. Carbonneau

Faculty Scholarship

Despite attempts at harmonization through treaty relations and State participation in multilateral organizations, the international arena is a composite of unsettled and unsettling structures. The volatility of global politics and discordant national perceptions of legitimate lawful conduct constitute a precarious, usually unsuitable, basis for an international rule of law. Domestic concepts of legality rarely serve as adequate instruments for molding the character of international relations. The irreducible principle of national sovereignty makes the world community resistant to the adoption of universal juridical standards and consecrates the fragmentation of national self-interest as the ultimate source of legality among nation-states. This article …

Arizona Law Where Ground And Surface Water Meet, John D. Leshy, James Belanger

Faculty Scholarship

No abstract provided.

Bayes' Theorem In The Trial Process: Instructing Jurors On The Value Of Statistical Evidence, David Faigman, A.J. Baglioni Jr.

Faculty Scholarship

No abstract provided.

The Corporation As Client: Problems, Perspectives, And Partial Solutions, James R. Mccall

Faculty Scholarship

No abstract provided.

The Isolation Of Private International Law, Joel R. Paul

Faculty Scholarship

No abstract provided.

Judging Judges: How We Choose Our Federal And State Judges, Joseph R. Grodin, Frank K. Richardson

Faculty Scholarship

No abstract provided.

The Exercise Of Jurisdiction Over And Enforcement Of Judgments Against Alien Defendants, Mary Kay Kane, Ronan E. Degnan

Faculty Scholarship

No abstract provided.

Confederate And Carpetbaggers: The Precedential Value Of Decisions From The Civil War And Reconstruction Era, Jim Paulsen, James Hambleton

Faculty Scholarship

Many Texas attorneys consulting older decisions for guidance breathe sighs of mental relief when they read a Texas Supreme Court case, rather than one of those pesky Court of Appeals or Commission of Appeals decisions with an arcane writ history or "judgment adopted" designation. After all, Texas Supreme Court cases are the top of the heap, precedent-wise, unless they have been overruled. Right? Well, maybe. In Texas, there are good and bad vintages for Texas Supreme Court opinions. The Civil War and Reconstruction years, from 1861 through 1873, are a particularly interesting legal vinyard.

Surprisingly enough, despite the century or …

The Ethics Of Insider Trading, Gary S. Lawson

Faculty Scholarship

The quickest way to become famous is often to become infamous, as arbitrageur Ivan Boesky has recently discovered. Prior to November 1986, Mr. Boesky was well-known within the financial community, but largely unknown outside it. That changed dramatically following revelations that he and Dennis Levine, a merger specialist with the investment banking firm of Drexel Burnham Lambert, Inc., had made tens of millions of dollars in the stock market by using Mr. Levine's advance knowledge of impending takeovers by Drexel clients. Today, after disgorging $50 million in profits, paying $50 million in penalties, and receiving a jail sentence, Mr. Boesky …

Justice Or Mercy?–A Personal Note On Defending The Guilty, Frederick Mark Gedicks

Faculty Scholarship

No abstract provided.

Foregoing Life-Sustaining Treatment: What Are The Legal Limits In An Aging Society?, Karen H. Rothenberg

Faculty Scholarship

No abstract provided.

The Hague Evidence Convention In The Supreme Court: A Critique Of The Aérospatiale Decision, George A. Bermann

Faculty Scholarship

With its decision in Société Nationale Industrielle Aérospatiale v. United States District Court, the United States Supreme Court resolved what had been widely regarded as "one of the most difficult and important issues in international civil litigation in United States courts." This opportunity arose out of the divergence of views among American courts on the proper way to reconcile the need for full disclosure of evidence with respect for the sensitivities of foreign states where that evidence might be located. The case before the Supreme Court, like many lower court cases, dealt specifically with the impact of the Hague …

Protecting The Parental Rights Of Incarcerated Mothers Whose Children Are In Foster Care: Proposed Changes To New York's Termination Of Parental Rights Law, Philip Genty

Faculty Scholarship

In the past decade, the number of female prisoners in New York state and city jails has risen dramatically. Currently, there are 1,890 women incarcerated in New York State prisons, and an additional 1,626 women confined in New York City jails. Approximately seventy- two percent of the women in state prisons are parents, and, according to one informal study, nearly sixty percent of the women in city prisons are single parents with minor children. While some of these women can make formal or informal child care arrangements with relatives or close friends, many others must turn to state-regulated foster care. …

Public Law Litigation And Legal Scholarship, Richard L. Marcus

Faculty Scholarship

No abstract provided.

The Case For Gay Rights, Matt Coles

Faculty Scholarship

No abstract provided.

Her Brother's Keeper: The Prosecutor's Responsibility When Defense Counsel Has A Potential Conflict Of Interest , Bruce A. Green

Faculty Scholarship

What are the responsibilities of a prosecutor when she learns in the course of preparing for trial that defense counsel has a potential conflict of interest? Must the prosecutor alert defense counsel and the trial judge to the problem? May she move to disqualify defense counsel? This Article explores the responsibilities that courts have begun to, and ought to, impose on prosecutors. In large part, the prosecutor's responsibilities are subordinate to those of defense counsel and the trial judge, who have the primary responsibility to ensure that the defendant's right to independent counsel is not unfairly abridged. Therefore, as background …

From The Editor: Writing About Original Research, Richard A. Danner

Faculty Scholarship

No abstract provided.

Health Care As A Laboratory For The Study Of Law And Policy, Clark C. Havighurst

Faculty Scholarship

No abstract provided.

Seeking Justice: An Empirical Map Of Consumer Problems And Consumer Responses In Canada, Neil Vidmar

Faculty Scholarship

No abstract provided.

Protecting The Democratic Process: Voter Standing To Challenge Abuses Of Incumbancy, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Investment Funds And Debt-Equity Swaps: Broadening The Base Of A New Financial Tool, Stephen Wallenstein, James R. Silkenat

Faculty Scholarship

No abstract provided.

Enforcement Provisions Of The Civil Rights Act Of 1866: A Legislative History In Light Of Runyon V. Mccrary, The Review Essay And Comments: Reconstructing Reconstruction, Robert J. Kaczorowski

Faculty Scholarship

The purpose of this Comment is to examine the history of the enactment and early enforcement of the Civil Rights Act of 1866 from the perspective of the remedies Congress sought to provide to meet the problems that necessitated the legislation. Its main foci are the statute's enforcement provisions and their early implementation, an aspect of the history of the statute that has not been fully considered in relation to section one, the provision that has received the most scholarly attention. The occasion of this study is the Supreme Court's reconsideration of Runyon v. McCrary' in Patterson v. McLean Credit …

Professional Qualification And Educational Requirements For Law Practice In A Foreign Country: Bridging The Cultural Gap, Roger J. Goebel

Faculty Scholarship

This Article will discuss preparation for transnational legal practice, and the extent of the right to engage in transnational legal practice in major commercial centers. It is divided into five parts: (I) the role of the transnational lawyer in bridging the cultural gap; (II) education in preparation for transnational practice; (III) professional qualification requirements for foreign lawyers in New York and several major commercial centers abroad; (IV) the extent of the lawyer's right to provide services and the right of professional establishment in the EEC; and (V) some general reflections on desirable qualification requirements for law firms and individuals to …

Directors’ Duties In Management Buyouts And Leveraged Recapitalizations, Deborah A. Demott

Faculty Scholarship

No abstract provided.