Digital Commons Network^™

Capital Punishment: A Selected Bibliography, Pat Newcombe

Faculty Scholarship

No abstract provided.

The Role Of Law In The Functioning Of Federal Systems, George A. Bermann

Faculty Scholarship

Federal systems are about the distribution of legal and political power, but law is not only one of the currencies of federalism, it is also one of federalism's most important supports; this chapter considers the role that law plays in establishing and enforcing the system by which both legal and political power are distributed within the USA and the EU. Bermann explores the various ways in which the courts can, and choose to, enforce the principles of federalism beyond the classical ‘political’ and ‘procedural’ safeguards provided by the institutional structures themselves and the constraints on the deliberative process. He describes …

Presidents, Secretaries Of State, And Other Visible International Lawyers, Lori Fisler Damrosch

Faculty Scholarship

I invite you to join me on a journey back ninety years, to the 1911 Annual Meeting as recorded in the 1911 Proceedings (pp. 340-41). President Rovine's predecessor, the then-president of the Society, was Elihu Root, a former secretary of war and secretary of state who was at the time senator for New York (Senator Clinton, please take note!). Root would win the Nobel Peace Prize the following year. President Root proposed a toast to the honorary president of the Society, who then gave the banquet address.

Have Moral Rights Come Of (Digital) Age In The United States?, Jane C. Ginsburg

Faculty Scholarship

More than any other contemporary American legal scholar, Professor Merryman has drawn attention to the moral rights claims of artists. Anything written in the field in the United States since 1976 owes inspiration to The Refrigerator of Bernard Buffet ("The Refrigerator") Professor Merryman's seminal article in the 1976 Hastings Law Journal. I feel this particularly acutely since I became interested in the issue as a law student, in 1978. It looked like a hopeful time, for Professor Merryman had shown the way, and the Second Circuit, in the then-recently decided Monty Python case, seemed to be paying heed. The …

Regulation Fd And Foreign Issuers: Globalization's Strains And Opportunities, Merritt B. Fox

Faculty Scholarship

The globalization of the market for securities has a persistent way of straining the traditional rationales for securities regulation. At the same time, the choices it forces upon us create the opportunity to better test empirically the desirability of the regulations being imposed. Regulation FD, which stands for "fair disclosure," is the most recent example where these twin effects of globalization arise. Regulation FD is arguably the most important change to the U.S. disclosure regime since the adoption of integrated disclosure almost two decades ago. Regulation FD is intended to stop the practice of "selective disclosure," whereby an issuer withholds …

Mark Tushnet: The Right Questions, Philip C. Bobbitt

Faculty Scholarship

It is the most grotesque of ironies that much of twentieth-century jurisprudence has been an effort to make law into a science. This effort amounts to a reversal of a far earlier appropriation. It was the observation of regularities in gravity and the movement of the planets that reformed science and gave credence to the locution, 'the laws of nature.' Nature was "lawful" because it appeared to follow undeviatingly a certain regimen, which is to say that any deviations observed were held to be clues as to the true content of the laws that were being followed. Mathematics was the …

"A" For Effort: Evaluating Recent State Education Reform In Response To Judicial Demands For Equity And Adequacy, Erin E. Buzuvis

Faculty Scholarship

In this Note, the Author examines measures recently enacted by New Hampshire and Vermont in response to judicial mandates for education reform. By implementing district reform measures in demographically similar environments, the reform efforts of these two states provide a valuable perspective from which to examine the education finance reform. Evaluating the experiences of these two New England states, as well as those of other states committed to education finance reform, the author contends that successful reform measures must incorporate elements of both equity and adequacy. Specifically, the Author proposes that both states' implementation of a statewide property tax is …

The Agenda-Setter For Complex Litigation, Richard L. Marcus

Faculty Scholarship

No abstract provided.

Reassessing The Magnetic Pull Of Megacases On Procedure, Richard L. Marcus

Faculty Scholarship

No abstract provided.

Confronting The Future: Coping With Discovery Of Electronic Material, Richard L. Marcus

Faculty Scholarship

No abstract provided.

Dedication To Professor Ray Forrester, Leo P. Martinez

Faculty Scholarship

No abstract provided.

The Marriage Of Intellectual Property And Insurance Law: An Introduction, Leo P. Martinez

Faculty Scholarship

No abstract provided.

The Art And Science Of Critical Scholarship: Postmodernism And International Style In The Legal Architecture Of Europe, Ugo Mattei

Faculty Scholarship

No abstract provided.

Steps Forward And Steps Back: Uneven Progress In The Law Of Social Group And Gender-Based Claims In The United States, Karen Musalo, Stephen Knight

Faculty Scholarship

No abstract provided.

Expedited Removal, Karen Musalo

Faculty Scholarship

No abstract provided.

Making The Grade: A Modest Extension Of Bush V. Gore, Roger C. Park

Faculty Scholarship

No abstract provided.

Grand Perspectives On Evidence Law, Roger C. Park

Faculty Scholarship

No abstract provided.

Memorial: Veronica Maclay (1948-2000), Jenni Parrish

Faculty Scholarship

No abstract provided.

Holding Multinational Corporations Responsible Under International Law, Joel R. Paul

Faculty Scholarship

No abstract provided.

How Can An Association Of Law Schools Promote Quality Legal Education?, H.G. Prince

Faculty Scholarship

No abstract provided.

¿Cómo Puede Una Asociación De Escuelas De Derecho Promover La Enseñanza Legal De Calidad?, H.G. Prince

Faculty Scholarship

No abstract provided.

Beyond Personhood And Autonomy: Moral Theory And The Premises Of Privacy, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.

Stanford Nurses' Strike: A Case Study Of Negotiation, Mediation, And Conciliation In A Health Care Labor Dispute, Debra Gerardi

Faculty Scholarship

No abstract provided.

Crosby And The "One-Voice" Myth In U.S. Foreign Relations, Sarah H. Cleveland

Faculty Scholarship

In Crosby v. National Foreign Trade Council, the Supreme Court invalidated a Massachusetts government procurement statute that barred state entities from doing business with companies that did business in Burma. The plaintiffs, an organization of private companies with foreign operations, challenged the law on constitutional and statutory preemption grounds, arguing that it improperly conflicted with federal foreign relations authority. The Supreme Court limited its holding to implied statutory preemption, finding that the Massachusetts provision improperly compromised the President's ability "to speak for the Nation with one voice." Crosby thus joined a long line of decisions in which the Supreme …

Norm Internalization And U.S. Economic Sanctions, Sarah H. Cleveland

Faculty Scholarship

The fifty years since the adoption of the Universal Declaration of Human Rights have seen a revolution in the promulgation and universalization of human and labor rights. Human rights conventions have proliferated in the areas of civil and political rights, social and economic rights, and the rights of women, children, minorities, and refugees. Many of these conventions have been ratified by a majority of the nations of the world. International monitoring of human and labor rights compliance is conducted by international institutions such as the U.N. Human Rights Commission and the International Labour Organization (ILO), by regional entities such as …

On Insider Trading, Markets, And Negative Property Rights In Information, Zohar Goshen, Gideon Parchomovsky

Faculty Scholarship

Few issues have sparked as much debate and disagreement among Law and Economics scholars as the prohibition on insider trading. Ironically, the Supreme Court's attempts in Chiarella v. United States, Dirks v. Securities and Exchange Commission, and, most recently, in United States v. O'Hagan to clarify the scope and content of the ban on insider trading, and the subsequent reaction of the Securities and Exchange Commission ("SEC"), have only added fuel to the fire of the academic debate already raging on the issue.

The most intriguing feature of the debate on insider trading is that all contributors seek to promote …

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

The Soul Of A New Political Machine: The Online, The Color Line And Electronic Democracy, Eben Moglen, Pamela S. Karlan

Faculty Scholarship

In this Essay, we want to suggest two ways in which people's experience with the Internet may affect how they think politics ought to be organized, and to consider the consequences for the political aspirations of minority communities. First, the notion of "virtual communities” – that is, communities that affiliate along nongeographic lines – may provide new support for alternatives to traditional geographic districting practices. As Americans become more comfortable with the idea that people can belong to voluntarily created, overlapping, fluid, nongeographically defined communities, which may be as important as the physical communities in which they live, they may …

The Role And Reality Of Emotions In Law, Carol Sanger

Faculty Scholarship

It is a great pleasure to participate in the celebration and exploration of Susan Bandes' The Passions of Law in this symposium on emotion and gender jurisprudence. It may be worth reminding today's law students that when Professor Bandes and I were classmates at the University of Michigan Law School in the mid-1970s, there were no such conferences. Jurisprudence existed, but the concept of gender had not yet emerged; we were still too busy defining feminism. Emotions were something we dutifully suppressed as we tried to assimilate into the legal profession.

This is not to say we were wholly unaffected …

International Decision: Waste Management, Inc. V. Mexico, William S. Dodge

Faculty Scholarship

No abstract provided.