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The Uniform Commercial Code Survey: Introduction, Robyn L Meadows, Stephen L. Sepinuck, Russell A. Hakes Jan 2002

The Uniform Commercial Code Survey: Introduction, Robyn L Meadows, Stephen L. Sepinuck, Russell A. Hakes

Faculty Scholarship

No abstract provided.


Sales, Robyn L Meadows, Larry T. Garvin, Carolyn T. Dessin Jan 2002

Sales, Robyn L Meadows, Larry T. Garvin, Carolyn T. Dessin

Faculty Scholarship

No abstract provided.


Modern Ethical Dilemmas For Aljs And Government Lawyers: Conflicts Of Interest, Appearances Of Impropriety, And Other Ethical Considerations, Introduction, Robert C Power Jan 2002

Modern Ethical Dilemmas For Aljs And Government Lawyers: Conflicts Of Interest, Appearances Of Impropriety, And Other Ethical Considerations, Introduction, Robert C Power

Faculty Scholarship

No abstract provided.


Enda Before It Starts: Section 5 Of The Fourteenth Amendment And The Availability Of Damages Awards To Gay State Employees Under The Proposed Employment Non-Discrimination Act, William D. Araiza Jan 2002

Enda Before It Starts: Section 5 Of The Fourteenth Amendment And The Availability Of Damages Awards To Gay State Employees Under The Proposed Employment Non-Discrimination Act, William D. Araiza

Faculty Scholarship

No abstract provided.


Palazzolo V. Rhode Island: Takings, Investment-Backed Expectations, And Slander Of Title, Garrett Power Jan 2002

Palazzolo V. Rhode Island: Takings, Investment-Backed Expectations, And Slander Of Title, Garrett Power

Faculty Scholarship

No abstract provided.


Why They Won't Take The Money: Black Grandparents And The Success Of Informal Kinship Care, Sonia M. Gipson Rankin Jan 2002

Why They Won't Take The Money: Black Grandparents And The Success Of Informal Kinship Care, Sonia M. Gipson Rankin

Faculty Scholarship

In this note, Ms. Gipson Rankin discusses kinship care as an alternative to placing children into foster care. For generations, particularly in the Black community, grandparents and other older relatives have played a crucial role in raising the children of younger relatives when they have become unable or unwilling to raise the children themselves. This system, known as kinship care, has ensured that thousands of American children are cared for and raised by members of their own families. The note explores the history and nature of the kinship care system, and analyzes federal and state policies that impact the system. …


Water And Population In The American West, Denise D. Fort Jan 2002

Water And Population In The American West, Denise D. Fort

Faculty Scholarship

The American West is justly famed for its sunshine and wide skies.1 However, there is a potent combination of low rainfall and growing population in the West that ensures that water, or the lack of it, will remain another well-known feature of the region. As the number of people sharing already stressed water supplies increases, the economic, ecological, and social costs of providing water become more evident. Agriculture consumes about 90% of the water that is extracted in the West, and the transfer from agricultural to municipal and industrial uses is invariably complex. Increased water extraction has resulted in the …


Applying Apprendi To The Federal Sentencing Guidelines: You Say You Want A Revolution?, Susan Herman Jan 2002

Applying Apprendi To The Federal Sentencing Guidelines: You Say You Want A Revolution?, Susan Herman

Faculty Scholarship

No abstract provided.


Cognitive Legal Studies: Categorization And Imagination In The Mind Of Law--Introduction, Lawrence M. Solan Jan 2002

Cognitive Legal Studies: Categorization And Imagination In The Mind Of Law--Introduction, Lawrence M. Solan

Faculty Scholarship

No abstract provided.


Gendered Shades Of Property: A Status Check On Gender, Race & Property, Laura M. Padilla Jan 2002

Gendered Shades Of Property: A Status Check On Gender, Race & Property, Laura M. Padilla

Faculty Scholarship

This article explores the relationship between gender, race and property.Women in the United States continue to be economically disadvantaged, and women of color are even more disadvantaged. This article will open with a review of laws, past and present, which have shaped women's rights to own, manage and transfer property. It will then provide a status check of where women, including women of color, stand in the United States relative to the rest of the population vis-a-vis income and other indicators of economic well-being. The article will then discuss why economic inequality persists, trotting out the usual reasons of discrimination …


Training A New Breed Of Lawyer: California Western's Advanced Mediation Program In Juvenile Hall, Floralynn Einesman, Linda H. Morton Jan 2002

Training A New Breed Of Lawyer: California Western's Advanced Mediation Program In Juvenile Hall, Floralynn Einesman, Linda H. Morton

Faculty Scholarship

This article describes the authors’ experiences in designing, initiating, and evaluating a Mediation Clinic in which students mediate disputes between incarcerated juveniles. With the purpose of enhancing students’ “essential human competencies” of self-awareness, self-control, empathy, listening, teamwork, and conflict resolution, the authors describe techniques used to teach these relational skills appropriate to “a new breed of lawyer.” They also analyze the success of their program through both statistical and anecdotal evidence.


Browse-Wraps, Click-Wraps And Cyber Law, Our Shrinking (Wrap) World, Michael Dessent Jan 2002

Browse-Wraps, Click-Wraps And Cyber Law, Our Shrinking (Wrap) World, Michael Dessent

Faculty Scholarship

No abstract provided.


Digital Handshakes In Cyberspace Under E-Sign: "There's A New Sheriff In Town!", Michael H. Dessent Jan 2002

Digital Handshakes In Cyberspace Under E-Sign: "There's A New Sheriff In Town!", Michael H. Dessent

Faculty Scholarship

No abstract provided.


Charter Insights For American Equality Jurisprudence, Stephen F. Ross Jan 2002

Charter Insights For American Equality Jurisprudence, Stephen F. Ross

Faculty Scholarship

Although both the Canadian Charter and the United States Constitutions protect persons from denial of equal protection of the law, the interpretation of the broad language of the two equality guarantees has been quite different. The Supreme Court of Canada has adopted an approach of substantive equality, concluding that section 15 is designed to prevent the loss of human dignity that accompanies discrimination based on disadvantage and stereotype. At least with regard to race, a majority of the justices on the United States Supreme Court adhere to a jurisprudence of formal equality, concluding that the Fifth and Fourteenth Amendments prohibit …


Deal Protection Provisions In The Last Period Of Play , Sean J. Griffith Jan 2002

Deal Protection Provisions In The Last Period Of Play , Sean J. Griffith

Faculty Scholarship

The ability to protect mergers is important to both targets and acquirors. A series of recent Chancery Court decisions, however, challenges the validity of deal protection provisions in merger agreements and threatens the stability of Delaware's established change of control paradigm. This article argues that last period concerns animate the Chancery Court's decisions and finds, in the last period problem, a theoretical principle capable of harmonizing these decisions with existing jurisprudence and providing a coherent approach to the practical problems raised by deal protection provisions.


The Alien Tort Statute And Article Iii, Curtis A. Bradley Jan 2002

The Alien Tort Statute And Article Iii, Curtis A. Bradley

Faculty Scholarship

No abstract provided.


Im Westen Nichts Neues? Zum Stand Der Rechtsvergleichung 100 Jahre Nach Dem Pariser Kongress - Gedanken Anlasslich Einer Jubilaumskonferenz In New Orleans [Nothing New In The West? On The State Of Comparative Law 100 Years After The Paris Congress - Reflections On The Occasion Of A Centennial Conference In New Orleans], Ralf Michaels Jan 2002

Im Westen Nichts Neues? Zum Stand Der Rechtsvergleichung 100 Jahre Nach Dem Pariser Kongress - Gedanken Anlasslich Einer Jubilaumskonferenz In New Orleans [Nothing New In The West? On The State Of Comparative Law 100 Years After The Paris Congress - Reflections On The Occasion Of A Centennial Conference In New Orleans], Ralf Michaels

Faculty Scholarship

No abstract provided.


How Do Judges Maximize? (The Same Way Everybody Else Does - Boundedly): Rules Of Thumb In Securities Fraud Opinions, Mitu Gulati, Stephen M. Bainbridge Jan 2002

How Do Judges Maximize? (The Same Way Everybody Else Does - Boundedly): Rules Of Thumb In Securities Fraud Opinions, Mitu Gulati, Stephen M. Bainbridge

Faculty Scholarship

Judicial opinions in securities fraud class actions frequently do not conform to standard theories of adjudication. Instead of the complex modes of legal reasoning predicted by standard models, decisions in this area commonly rely on rules of thumb - decisionmaking heuristics or shortcuts. To the extent prior literature has focused on the use of decisionmaking heuristics in adjudication, commentators have emphasized procedural shortcuts, such as the doctrine whereby courts refuse to address issues that have not been squarely argued. In contrast, the heuristics we identify are substantive law doctrinal rules of thumb enabling a judge to avoid analysis of a …


Does Federalism Advance Liberty?, Erwin Chemerinsky Jan 2002

Does Federalism Advance Liberty?, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


U.S. Announces Intent Not To Ratify International Criminal Court Treaty, Curtis A. Bradley Jan 2002

U.S. Announces Intent Not To Ratify International Criminal Court Treaty, Curtis A. Bradley

Faculty Scholarship

No abstract provided.


The Other Shoe Drops: Minnesota Rejects Daubert, Peter B. Knapp Jan 2002

The Other Shoe Drops: Minnesota Rejects Daubert, Peter B. Knapp

Faculty Scholarship

In 1991, the United States Supreme Court handed decided Daubert v. Merrell Dow Pharmaceuticals, Inc., rejecting the long-standing federal test for the admissibility of scientific testimony articulated in Frye v. United States. Unlike many states, however, which embraced Daubert within years--or even months--of the federal decision, Minnesota declined to make Daubert the law of the jurisdiction. In a pair of cases decided in 2000, Goeb v. Tharaldson and Sentinel Mgmt. v. Aetna Casualty & Surety, the court held that Minnesota would retain the general acceptance test. The court's rejection of Daubert can be read as an attempt to give the …


Redeeming The Welshed Guarantee: A Scheme For Achieving Justiciability, Ethan J. Leib Jan 2002

Redeeming The Welshed Guarantee: A Scheme For Achieving Justiciability, Ethan J. Leib

Faculty Scholarship

In this article, I suggest that Congress re-pass its progressive legislation under the jurisdictional basis of its Guarantee Clause power. While arguments for justiciability continue to be made, a pragmatic way to achieve it has not been spelled out. Part II will lay out versions of republicanism I hope to see discussed in the context of the Guarantee Clause. Part III will explore republicanism's excessive attention on the courts, recommending the aforementioned approach of Jeremy Waldron. Part IV will briefly suggest how some of the legislation recently curtailed by the Supreme Court might be justified under a theory of legislative, …


Subjecting Rembrandt To The Rule Of Law: Rule-Based Solutions For Determining The Patentability Of Business Methods, R. Carl Moy Jan 2002

Subjecting Rembrandt To The Rule Of Law: Rule-Based Solutions For Determining The Patentability Of Business Methods, R. Carl Moy

Faculty Scholarship

This article is an attempt to refine the substantive law of patents as to reestablish the patent system's control over the determination of whether business methods are patentable. It offers a framework for addressing business methods that allows the system to stay focused on the traditional goals of the statutory subject-matter requirement. It solves some of the problems that modern business methods present. The problems that it does not solve, it at least explains in a manner that sheds some light on the nature of the tasks that remain. This article takes considerable notice of how the relevant legal rules …


The Colored Man Standing By The Punch Bowl, Michael K. Jordan Jan 2002

The Colored Man Standing By The Punch Bowl, Michael K. Jordan

Faculty Scholarship

This essay will explore racial dissonance and how it affects our thinking about race relations and social policy in America. The first part of this essay will examine the concept of race. Though we often think of race as delineating real characteristics that exist objectively, race is actually a socially created abstraction. In addition, how this abstraction changes over time will also be explored. This is another way of saying that "colored people" has been replaced by the term "black people." The difference between the two terms raises important questions about social policy. Next, this article explores the connection among …


"Apparent Servants" And Making Appearances Matter: A Critique Of Bagot V. Airport & Airline Taxi Cab Corporation, Daniel S. Kleinberger, Peter B. Knapp Jan 2002

"Apparent Servants" And Making Appearances Matter: A Critique Of Bagot V. Airport & Airline Taxi Cab Corporation, Daniel S. Kleinberger, Peter B. Knapp

Faculty Scholarship

Minnesota law has long recognized the agency law principle of apparent authority. Minnesota law also provides that an agent is liable for the contractual obligations of an undisclosed or partially disclosed principal. Both of these well-recognized principles provided a basis for the plaintiff’s suit in Bagot, and both ought to provide a basis for similar suits in the future.


Breaking The Public Law Taboo, William S. Dodge Jan 2002

Breaking The Public Law Taboo, William S. Dodge

Faculty Scholarship

No abstract provided.


Jefferson And Madison As Icons In Judicial History: A Study Of Religion Clause Jurisprudence, David Reiss Jan 2002

Jefferson And Madison As Icons In Judicial History: A Study Of Religion Clause Jurisprudence, David Reiss

Faculty Scholarship

No abstract provided.


Classic Insurance Law In A Postmodern World, Leo P. Martinez Jan 2002

Classic Insurance Law In A Postmodern World, Leo P. Martinez

Faculty Scholarship

No abstract provided.


Antitrust And The Costs Of Standard-Setting: A Commentary On Teece & (And) Sherry Symposium: The Interface Between Intellectual Property Law And Antitrust Law: Commentary, Mark R. Patterson Jan 2002

Antitrust And The Costs Of Standard-Setting: A Commentary On Teece & (And) Sherry Symposium: The Interface Between Intellectual Property Law And Antitrust Law: Commentary, Mark R. Patterson

Faculty Scholarship

The creation of an industry standard is a process that has much in common with the creation of a patented invention. Indeed, if standards are not patentable, it is only because of certain doctrinal peculiarities of patent law. It is therefore important to preserve the incentives for organizations to incur the costs of standard-setting activity, so that society may gain the benefits of the resulting standards. The law can preserve those incentives by treating the contributions of industry standards as distinct from those of inventions that are incorporated in them. More specifically, antitrust law should ensure that the patentees of …


Same-Sex Marriage In South Africa: A Constitutional Possibility, Mary P. Byrn Jan 2002

Same-Sex Marriage In South Africa: A Constitutional Possibility, Mary P. Byrn

Faculty Scholarship

The South African Constitution is unlike any other in the world in terms of its inclusion of sexual orientation. The Constitutional Court has taken a clear position in interpreting the Bill of Rights and implementing its goal of protecting individuals and groups from discrimination. The Sodomy, Immigration, and Spousal Benefits Cases demonstrate that the Constitutional Court recognizes that homosexuals have a Constitutional right to equality, human dignity, and privacy, and that the Court is willing to protect gays and lesbians from discrimination and social prejudice.

Section I of this Note will discuss some of the key provisions of the South …