Digital Commons Network^™

The Legacy Of Buckley V. Valeo, Joel Gora

Faculty Scholarship

No abstract provided.

Reconciling Federal And State Interest In Securities Regulation In The United States And Europe, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

For Eugene Rostow, Philip Chase Bobbitt

Faculty Scholarship

The two-handed saw is a foresters’ instrument that two men use, one at each end, sawing in reciprocating rhythm. The blade of the best two-handed saws balances a sharpened stiffness with a shimmering flexion; its use requires individual strength and skill at cooperation. Because Gene Rostow too combined these opposing qualities – indeed had them in abundance – it is especially noteworthy that one day, using such a saw as a young man in New England, he severely injured his back, keeping him out of active service in World War II and causing recurrent difficulties throughout his gallant life.

Was …

The Federal No Child Left Behind Act And The Post-Desegregation Civil Rights Agenda, James S. Liebman, Charles F. Sabel

Faculty Scholarship

Despite many deficiencies, the No Child Left Behind Act ("NCLB" or "Act") extends to the federal level and diffuses to the states an innovative system of publicly monitored decentralization of school governance known as the "New Accountability." This Article argues that, given background changes in the understanding of effective classroom teaching, accountability systems of the type imposed by the NCLB can enable willing school districts to build the capacity for school-level reform upon which the ultimate improvement of public schooling depends. It claims further that activists can accelerate the reforms and ensure respect for the requirements of racial and economic …

The Document Package Exam As A Teaching Tool, Eric J. Gouvin

Faculty Scholarship

This Article discusses an exam technique that uses realistic hypothetical corporations to test on course material. These fact scenarios are more enjoyable for the students to complete than traditional exams. In addition, the technique helps the Author achieve important pedagogical goals. Students are given a document package composed of corporate articles of incorporation, bylaws, SEC filings, a Standard & Poors Company report, financial statements, and a trust indenture, for example. They have a few weeks before the end of the term to digest the material. They understand that in order to answer the take-home exam questions completely they will have …

The Transition To Legal Analysis Begins With Orientation, Myra G. Orlen

Faculty Scholarship

The Author discusses the progression from simple to more complex assignments in the Legal Research and Writing curriculum at Western New England College School of Law.

Protections For Transgender Employees, Jennifer Levi

Faculty Scholarship

This Article discusses protections for transgender employee rights and how many transgender employees routinely face demotions, unfavorable conditions of employment, and even discriminatory terminations--due not to job-related problems but to employers' discomfort with and animus against transgender people. The Author points out that although courts historically have found transgender people excluded from coverage under certain laws, developing case law supports the arguments of transgender employees who face workplace discrimination.

Sorting Through The Soup: How Do Llcs, Llps And Lllps Fit Withing The Regulations And Legal Doctrines?, Daniel S. Kleinberger

Faculty Scholarship

In a children' book published in 1946, Ben Ross Berenberg described an imaginary amalgam called the churkendoose - "part chicken, turkey, duck and goose." In 1977, Wyoming invented a business law churkendoose: the limited liability company - part corporation, part general partnership, part limited partnership. That churkendoose has revolutionized the law of business organizations, becoming the vehicle of choice for tens of thousands of ventures every month and causing the IRS to radically overhaul its approach to taxing business entities. This article explores how preexisting regulatory and common law apply to LLCs and the related organizations known as limited liability …

Minnesota's Sex Offender Commitment Program: Would An Empirically-Based Prevention Policy By More Effective?, Eric S. Janus

Faculty Scholarship

Minnesota’s sex offender commitment scheme is not just a bad idea; it likely has bad consequences. It is a huge and disproportionate sink for resources that ight be put to more effective use in the fight against sexual violence. Worse, its demand for resources will continue to grow, thus predetermining to a large extent how prevention and treatment dollars are spent. It is very possible that a more rational allocation of these resources would actually prevent more violence than the allocation that is automatically produced by the sex offender commitment scheme. At the very least, the fight against sexual violence …

Jurors As Statutory Interpreters, Lawrence Solan

Faculty Scholarship

No abstract provided.

Afterword: The Perils And Pleasure Of Activist Scholarship, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Continuing Development: A Snapshot Of Legal Research And Writing Programs Through The Lens Of The 2002 Lwi And Alwd Survey, Kristin B. Gerdy

Faculty Scholarship

This article summarizes the findings of the 2002 survey and highlights significant changes and trends in the operation of legal research and writing programs across the country.

A Signaling Theory Of Human Rights Compliance, David H. Moore

Faculty Scholarship

No abstract provided.

Priority, Probability, And Proximate Cause: Lessons From Tort Law About Imposing Esa Responsibility For Wildlife Harm On Water Users And Other Joint Habitat Modifiers, James R. Rasband

Faculty Scholarship

No abstract provided.

The Gatekeeping Role In Civil Litigation And The Abdication Of Legal Values In Favor Of Scientific Values, Neil B. Cohen

Faculty Scholarship

No abstract provided.

Domestic Violence In Legal Education And Legal Practice: A Dialogue Between Professors And Practitioners, Stacy Caplow

Faculty Scholarship

No abstract provided.

Regulating Corporations: Who's Making The Rules, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Problem Solving In A Multidisciplinary Environment: Must Ethics Get In The Way Of Holistic Service, J. Michael Norwood

Faculty Scholarship

Authored with Alan Paterson. The article analyzes the strengths and weaknesses of delivering legal services as a part of a multidisciplinary practice (MDP). The analysis considers multidisciplinary practices from the perspectives of clients served, lawyers, the legal profession, and the general public, but emphasizes the quality of the relationships amongst the legal and nonlegal professionals involved in the MDP. While sounding a cautionary note about the need to preserve core ethical and professional values when implementing a MDP, the article seeks a balance among the common, and sometimes competing interests, of the public, the legal profession, and society whereby it …

The Meaning Of Quality, Steven R. Smith

Faculty Scholarship

This essay considers the qualities that constitute excellent lawyers in any society. It thereby suggests the qualities that law schools should seek to ensure that their graduates possess as they leave law schools and enter the practice of law.

Business Divisions From The Perspective Of The U.S. Banking System , Carl Felsenfeld, Genci Bilali

Faculty Scholarship

The Bank Holding Company Act of 1956 ("Act"),' as amended, most recently in 1999 by the Gramm-Leach-Bliley Act ("GLB") divides all economic activity into five groups. These groups are: 1) banking, 2) activities closely related to and a proper incident to banking; 3) activities of a financial nature; 4) activities complimentary to those of a financial nature; and 5) activities not of a financial nature. This article will explore these five groups of activities separately. The policies behind the divisions will be analyzed and questioned whether they serve the policies behind the Act. This article will also question whether the …

A Mind To Blame: New Views On Involuntary Acts, Deborah W. Denno

Faculty Scholarship

This article examines the legal implications linked to recent scientific research on human consciousness. The article contends that groundbreaking revelations about consciousness expose the frailties of the criminal law's traditional dual dichotomies of conscious versus unconscious thought processes and voluntary versus involuntary acts. These binary doctrines have no valid scientific foundation and clash with other key criminal law defenses, primarily insanity. As a result, courts may adjudicate like individuals very differently based upon their (often unclear) understanding of these doctrines and the science that underlies them. This article proposes a compromise approach by recommending that the criminal law's concept of …

Double Dipping: The Cross-Border Taxation Of Stock Options, Jeffrey M. Colon

Faculty Scholarship

Once awarded exclusively to upper management, stock options are now granted increasingly to rank-and-file employees and are becoming a greater component of employee compensation. The expanding use of stock options is undoubtedly due in part to the large increase in equity prices over the last twenty years. Further fueling the demand was the Internet start-up boom of the late 1990s, the spectacular financial success of many technology and computer companies, notably Microsoft and Oracle, and the well- publicized lucre acquired by their employees. The collapse of the initial public offerings market for Internet start-up companies at the dawn of the …

Peace-Making Role Of A Mediator, The The Americanization Of International Dispute Resolution, John D. Feerick

Faculty Scholarship

Mediation, or the intervention of third parties, has been a tested and tried means of dispute resolution since the earliest history of the world. The theme for this program, the Americanization of International Dispute Resolution, asks whether there is an American style of dispute resolution and, if there is, whether it is positive or negative for the peaceful settlement of international disputes. In approaching my assignment of Mediation in Armed Conflict, I have focused my attention on Northern Ireland, a society that has experienced a violent conflict for the past thirty years, in which many efforts at mediation have taken …

The Costs And Benefits Of Precommitment: An Appraisal Of Omnicare V. Ncs Healthcare, Sean J. Griffith

Faculty Scholarship

The Decision of the Delaware Supreme Court in Omnicare v. NCS Healthcare raises concerns regarding the efficiency of Delaware law from the perspective of shareholder welfare maximization and engages the emerging literature on corporate precommitments. The clash between the majority and dissenting opinions offers competing visions of the basic corporate law separation of powers issue--that is, board versus shareholder primacy. This Article engages in a close analysis of the Omnicare opinion, focusing on its doctrinal foundations as well as its policy implications. After this introduction, Part II provides a brief overview of the relevant factual and legal background. Part III …

Theories Of Distributive Justice And Limitations On Taxation: What Rawls Demands From Tax Systems Symposium - Rawls And The Law: Panel Vi: Property, Taxation, And Distributive Justice, Linda Sugin

Faculty Scholarship

This Essay attempts to map out how such an inquiry would be conducted in light of Rawls. Rather than searching in theories of justice for required precepts of taxation, we might more fruitfully ask what constraints, if any, a particular theory of justice imposes on the tax system. Application of such an approach to Rawls's theory of justice may explain his apparent preference for a flat consumptionbased tax. This preference is otherwise quite puzzling in light of much of what Rawls wrote about economic justice, and might lead us to expect him to endorse a progressive income tax. If Rawls's …

Why The Model Penal Code's Sexual Offense Provisions Should Be Pulled And Replaced, Deborah W. Denno

Faculty Scholarship

By all accounts, the Model Penal Code is enormously respected and influential. Yet, relatively soon after the Code's 1962 publication, the Code's sexual offense provisions and even its 1980 revised Commentaries were already considered outdated. The rapid onslaught of the sexual and feminist revolutions of the 1960s and 1970s brought an intense momentum to change rape laws that the Code had, in part, either mirrored or inspired. Only because of the passage of time, the Code's sexual offense provisions and Commentaries now misrepresent the progressive thinking of the Code's reporters. For these reasons, I think the Model Penal Code's sexual …

Best Interests Not To View This.Com: Should The First Amendment Ever Come Second?, Joel R. Reidenberg

Faculty Scholarship

No abstract provided.

The (Un)Favorable Judgment Of History: Deportation Hearings, The Palmer Raids, And The Meaning Of History, Harlan G. Cohen

Faculty Scholarship

As Americans respond to the events of September 11, 2001, they are being forced to contemplate their place in American history-past, present, and future. This has become particularly stark in the fight over secret deportation hearings. Following September 11, Attorney General John Ashcroft announced that the deportation hearings of "special interest" aliens would be closed to the public. Applying Richmond Newspapers's two-pronged logic-and-experience test, the Third and Sixth Circuits subsequently split over the constitutionality of the blanket closure. At the heart of their disagreement was the scarce history of deportation hearings and whether such hearings had been closed in the …

Mozart And The Red Queen: The Problem Of Regulatory Accretion In The Administrative State, James Salzman, J.B. Ruhl

Faculty Scholarship

No abstract provided.

Summary Of Seafloor Mapping And Benthic Sampling In 200-2000m, From North Carolina Through Florida., M. D. Arendt, C. A. Barans, G. R. Sedberry, R. F. Van Dolah, John K. Reed, S. W. Ross

Faculty Scholarship

Biological habitats and mineral resources in deep-waters should be identified, summarized into a database and their locations mapped. Comprehensive maps of deep-water resources are a prerequisite for managing these areas and their associated resources. In addition, this type of information is useful in mitigating conflicting user-group interests and protecting biodiversity. In the South Atlantic Bight (SAB), biological habitats of importance to deep-water fisheries resources include coral mounds, “live bottom” areas, rock outcroppings, man-made structures, tilefish mud bottom, and possibly mineral deposit areas such as manganese nodules and pavement sites. Congressional mandates, such as the Essential Fish Habitat (EFH) provisions of …