Digital Commons Network^™

Standing Upright: The Moral And Legal Standing Of Humans And Other Apes, Adam Kolber

Faculty Scholarship

No abstract provided.

Harold K. Jacobson (1929-2001): An Appreciation, Charlotte Ku

Faculty Scholarship

Harold Jacobson was born in Detroit onJune 28,1929. He attended high school in Wyandotte, Michigan, and received a bachelor's degree in history from the University of Michigan. He married his Michigan schoolmate Merelyn Jean Lindbloom in 1951, a year after he started graduate school at Yale.

He was fundamentally an optimist about human behavior; he opened his path-breaking text, Networks of Interdependence, with the words, "This is an optimistic book, though I hope not an unrealistic one."

Thus did Jacobson begin a career-long association with many whose work was rooted in international law. This interest led to fruitful collaborations and …

Epa At Thirty: Fairness In Environmental Protection, Eileen Gauna

Faculty Scholarship

This Article looks at how EPA is managing the fairness issue in a discrete but highly charged context: permit issuances that affect heavily impacted communities. This Article first provides a discussion of how fairness-oriented reform might evolve within the permit process. This section also examines permit issuances that were appealed to the U.S. Environmental Appeals Board (EAB) on environmental justice grounds. Proceeding one step beyond environmental law, the Article looks at how EPA is responding to claims of disparate impact under Title VI of the Civil Rights Act. However, rather than focus on the intricacies of legal doctrine under Title …

Lochner Redeemed: Family Privacy After Troxel And Carhart, David D. Meyer

Faculty Scholarship

No abstract provided.

Florida's Foster Care System Fails Its Children, Timothy L. Arcaro

Faculty Scholarship

This article will attempt to draw attention to the pervasive problem of child sexual abuse in foster care by identifying circumstances that contribute to sexual victimization. Hopefully the discussion will illuminate the plight of child victims of sexual abuse and generate discourse on a new paradigm of protection initiatives for foster children. Part I of the article will explain child protection proceedings and how children enter the foster care system. Part II will describe common characteristics of state foster care systems. Part III will discuss traditional notions of child sexual abuse and their illusory application in the context of sexual …

Trusting Doctors: Tricky Business When It Comes To Clinical Research, Frances H. Miller

Faculty Scholarship

This article examines the troublesome ethical dilemmas arising out of physician conflicts of interest in the context of research on human beings. It focuses on the inevitable conflict between the objectives of clinical investigators and those of their human subjects to illuminate subtle divergences of interest in doctor-patient relationships that patients often do not recognize - or want to believe. Once perceived, however, these potentially corroding conflicts can stun research subjects and their families, and leave them feeling deeply betrayed by their clinicians. The article concludes that a researcher's substantial financial conflicts constitute material information which, absent compelling circumstances, the …

Trusting And Non-Trusting On The Internet, Tamar Frankel

Faculty Scholarship

The Puzzle: The Internet is a wonderful innovation, allowing people around the world to communicate, trade, and obtain services. Convenient and rich in choices and opportunities, the Internet is tremendously attractive to buyers. Naturally, businesses are flocking to the Internet. The warning has been sounded that those who do not stake a claim in this incredible new communication medium will be left behind to perish. Yet, with all the enthusiasm, many buyers hesitate to take a serious plunge. Businesses are told repeatedly that they must obtain their customers' trust, yet find it more difficult to gain this trust in cyberspace …

Of Two Wrongs That Make A Right: Two Paradoxes Of The Evidence Law And Their Combined Economic Justification, Alex Stein

Faculty Scholarship

No abstract provided.

Piracy, Prejudice, And Perspectives: An Attempt To Use Shakespeare To Reconfigure The U.S.-China Intellectual Property Debate, Peter K. Yu

Faculty Scholarship

Since the mid-1980s, the U.S.-China intellectual property conflict has entered into the public debate. It was frequently debated in Congress and was widely covered by the mass media. Despite the importance of this issue, the debate thus far has been one-sided, focusing primarily on the unfair competition aspect. While there are undeniably some greedy Chinese who are eager to free ride on the creative efforts of Western authors and inventors, greed alone cannot explain the century-old U.S.-China intellectual property conflict. To understand the roots of this conflict, one must focus on the significant political, social, economic and cultural differences between …

Escape To Alcatraz: What Self-Guided Museum Tours Can Show Us About Teaching Legal Research, James B. Levy

Faculty Scholarship

No abstract provided.

From Lujan To Laidlaw: A Preliminary Model Of Environmental Standing, Maxwell L. Stearns

Faculty Scholarship

In the short span of eight years, the Supreme Court has issued two seemingly opposite answers to the question of whether Congress has free reign to provide private citizens with standing to redress violations of federal environmental law, when those violations have not produced any discernible harm to the claimants. In his prior scholarship, Professor Maxwell Stearns has developed a model of standing based upon the theory of social choice, which focuses primarily upon constitutional standing rules. The recent doctrinal transformation from Lujan v. Defenders of Wildlife, to Friends of the Earth v. Laidlaw Environmental Services, Inc., has provided a …

Epa And Its Sisters At 30: Devolution, Revolution, Or Reform?, Rena I. Steinzor

Faculty Scholarship

No abstract provided.

Child Witnesses Of Domestic Violence: Third Party Recovery For Intentional Infliction Of Emotional Distress, Mary Kate Kearney

Faculty Scholarship

No abstract provided.

Revised Article 9, Liens From The Fringe, And Why Sometimes Signatures Don’T Matter, Juliet M Moringiello

Faculty Scholarship

No abstract provided.

Braking The Merger Momentum: Reforming Corporate Law Governing Mega-Mergers, James A. Fanto

Faculty Scholarship

No abstract provided.

Quasi-Rationality In Action: A Study Of Psychological Factors In Merger Decision Making, James A. Fanto

Faculty Scholarship

No abstract provided.

The Justification For Protecting Reasonable Expectations, Bailey Kuklin

Faculty Scholarship

No abstract provided.

Re/Forming And Influencing Public Policy, Law And Religion: Missing From The Table, Laura M. Padilla

Faculty Scholarship

Taking a leap to be at a table from which Mexican American women have always been absent, and are still not invited, takes tremendous courage, knowing that much personal sacrifice will be required. This Essay addresses why Mexican American women have been absent from the tables of influence in the worlds of public policy, religion, and law, and how they can establish their presence as part of an anti-subordination agenda.

The Jury In The Twenty-First Century: An Interdisciplinary Conference--Introduction, Susan Herman, Lawrence Solan

Faculty Scholarship

No abstract provided.

Comment, Crafting The International Criminal Court Trials And Tribulations In Article 98(2), Chimene Keitner

Faculty Scholarship

No abstract provided.

Granting Forgiveness Or Harboring Grudges: Implications For Emotion, Physiology, And Health, Charlotte Witvliet, Thomas Ludwig, Kelly L. Vander Laan

Faculty Scholarship

Interpersonal offenses frequently mar relationships. Theorists have argued that the responses victims adopt toward their offenders have ramifications not only for their cognition, but also for their emotion, physiology, and health. This study examined the immediate emotional and physiological effects that occurred when participants (35 females, 36 males) rehearsed hurtful memories and nursed grudges (i.e., were unforgiving) compared with when they cultivated empathic perspective taking and imagined granting forgiveness (i.e., were forgiving) toward real-life offenders. Unforgiving thoughts prompted more aversive emotion, and significantly higher corrugator (brow) electromyogram (EMG), skin conductance, heart rate, and blood pressure changes from baseline. The EMG, …

The Effects Of Mediation In A Juvenile Incarceration Facility: Reduction Of Violence Through Transformation, Linda H. Morton, Floralynn Einesman

Faculty Scholarship

Using Bush and Folger’s transformative framework and psychological theory, the authors posit that mediation can play a role in changing the behavior of incarcerated juveniles by its focus on empathy and self-empowerment. After a brief description of their mediation clinic in Juvenile Hall, the authors assess the effects of the clinic in transforming its participants through data gathered.

"But You're Not A Dirty Mexican": Internalized Oppression, Latinos & Law, Laura M. Padilla

Faculty Scholarship

This article will describe internalized oppression and racism and expose the harms they cause. It will also dissect the reasons we engage in internalized oppression and racism and explain that once the reasons are exposed, it will be easier to engage in a conscious effort to reduce and ultimately eradicate internalized oppression and racism. Part II of this article defines internalized oppression and internalized racism and elaborates on ways that they are generally expressed in the Latino community. Part III explains how Latinos' internalized racism is reflected in some areas of the law by detailing both Latinos' support for a …

Amicus Curiae Brief Of Now Legal Defense And Education Fund And Equal Rights Advocates In Support Of Plaintiff-Appellant And In Support Of Reversal, Katherine M. Franke

Faculty Scholarship

NOW Legal Defense and Education Fund ("NOW LDEF") is a leading national non-profit civil rights organization that performs abroad range of legal and educational services in support of efforts to eliminate sex-based discrimination" and secure equal rights. NOW LDEF was founded in 1970 by leaders of the National Organization for Women as a separate organization. NOW LDEF has appeared as amicus in numerous cases involving sex stereotyping as a form of sex discrimination, including Price Waterhouse v. Hopkins, and Fisher v. Vassar College.

Equal Rights Advocates ("ERA") is one of the oldest public interest law firms specializing in …

The Securities Globalization Disclosure Debate, Merritt B. Fox

Faculty Scholarship

A global market is developing for the shares of an increasing portion of the world’s 41,000 publicly-traded issuers. This trend has given rise to an active debate concerning what United States policy should be toward regulation of their disclosure practices. This Article is a comment on this debate through the eyes of an active participant

Disclosure Norms, Eric L. Talley

Faculty Scholarship

The purpose of this Article is to interrogate the relationship between judicial error and extralegal norms more formally, focusing particularly on typical corporate disclosure contexts. In so doing, I shall argue that this relationship is far less clear-cut than much of the literature suggests. Using a formal, game-theoretic model of information disclosure, I demonstrate that in the presence of judicial error, a society that benefits from extralegal norms of honest disclosure might ironically favor more expansive legal regulation than would a similarly situated society in which norms are weak or nonexistent. Thus, in contrast to the common argument that norms …

The Methodological Commitments Of Contemporary Contract Theory, Jody S. Kraus

Faculty Scholarship

Autonomy and economic theories of contract seem to provide incompatible accounts of contract law. In this Chapter, I argue that what appear to be first-order disagreements over particular contract doctrines are really implicit second-order disagreements reflecting the divergent methodological commitments of autonomy and economic theories. I argue that autonomy theories accord priority to the normative project of justifying existing contract doctrine, treat contract law as consisting in the plain meaning of doctrine, require contract theory to explain the distinctive character of contract law, and take the ex post perspective in adjudication. In contrast, economic theories accord priority to the positive …

Is Article 2 The Best We Can Do?, Robert E. Scott

Faculty Scholarship

You will all be happy to know that, haying listened to my colleagues for the last three hours, I have completely forgotten what I was planning to say. But I haven't forgotten why I am here. I am the proverbial skunk at the garden party, and I hope to fulfill my role as the only skeptic in the group. I must tell you candidly, however, that I agree with everything Gail Hillebrand had to say. That doesn't mean she is going to agree with anything that I have to say, but perhaps there are two skeptics here this afternoon.

My …

The Dynamics Of Daubert: Methodology, Conclusions, And Fit In Statistical And Econometric Studies, David H. Kaye

Faculty Scholarship

This paper reviews the development of the law governing the admissibility of statistical studies. It analyzes the leading cases on scientific evidence and suggests that both the "reliability" and the "general acceptance" standards raise two major difficulties - the "boundary problem" of identifying the type of evidence that warrants careful screening and the "usurpation problem" of keeping the trial judge from closing the gate on evidence that should be left for the jury to assess.

The paper proposes partial solutions to these problems, and it applies them to statistical and econometric proof, particularly in the context of a recent antitrust …

Is Napster A Vcr? The Implications Of Sony For Napster And Other Internet Technologies, Stacey Dogan

Faculty Scholarship

The staple article of commerce doctrine must strike a balance between a copyright holder's legitimate demand for effective-not merely symbolic-protection of the statutory monopoly, and the rights of others freely to engage in substantially unrelated areas of commerce.

In Sony Corp. of America v. Universal City Studios, the Supreme Court created the copyright version of the so-called "staple article of commerce doctrine."'2 Its stated objective was to strike a balance between the incentive objectives of copyright3 and the interests of the public in access to new technology.4 As defined by the Court, the doctrine prevents copyright holders from interfering with …