Digital Commons Network^™

Treaties, Human Rights, And Conditional Consent, Curtis A. Bradley, Jack L. Goldsmith

Faculty Scholarship

No abstract provided.

Exit Consents In Sovereign Bond Exchanges, Mitu Gulati, Lee C. Buchheit

Faculty Scholarship

The external debt of emerging market sovereign borrowers is now mainly in the form of bonds held by numerous institutional and individual bondholders. Many of these bonds are governed by the law of the state of New York. As a matter of drafting convention, bonds for sovereign issuers governed by New York law prohibit amendments to the payment terms of the instruments (the amount and the due dates of payments) without the consent of each affected bondholder. If a sovereign issuer finds it necessary to seek a restructuring of its bond indebtedness, it must therefore implement the restructuring by offering …

Tocqueville’S Aristocracy In Minnesota, Paul D. Carrington

Faculty Scholarship

No abstract provided.

Are Student Delivered Graduation Prayers And Religious Speeches Constitutional?, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Redistricting In North Carolina-A Personal Perspective, Robinson O. Everett

Faculty Scholarship

In 1992, when I filed a lawsuit attacking North Carolina's recently enacted congressional redistricting plan, my premise was that drawing a plan for a racially defined purpose violates equal protection and for this reason and others is unconstitutional. Having now argued four appeals before the Supreme Court concerning North Carolina's redistricting, I still believe in the correctness of my origial premise; but, in addition, I am concerned that districts drawn with a predominantly racial purpose tend to polarize our society, discourage the formation of multiracial coalitions, and, in the long run, to harm even those they are intended to protect. …

Doing Something About Marriage Penalties: A Guide For The Perplexed, Lawrence A. Zelenak

Faculty Scholarship

No abstract provided.

Our Imperial First Amendment, Paul D. Carrington

Faculty Scholarship

No abstract provided.

The Hypocrisy Of ‘Alden V. Maine’: Judicial Review, Sovereign Immunity And The Rehnquist Court, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

A Different Vision Of Judicial Review: In Tribute To Professor Grano, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Civil Challenges To The Use Of Low-Bid Contracts For Indigent Defense, Margaret H. Lemos

Faculty Scholarship

In recent years, increasing attention has been directed to the problem of adequate representation for indigent criminal defendants. While overwhelming caseloads and inadequate funding plague indigent defense systems of all types, there is a growing consensus in the legal community that low-bid contract systems-under which the state or locality's indigent defense work is assigned to the attorney willing to accept the lowest fee-pose particularly serious obstacles to effective representation. In this Note, Margaret Lemos argues that the problems typical of indigent defense programs in general-and low-bid contract systems in particular-can and should be addressed through § 1983 civil actions alleging …

Beyond Efficiency And Procedure: A Welfarist Theory Of Regulation, Matthew D. Adler

Faculty Scholarship

Normative scholarship about regulation has been dominated by two types of theories, which I term "Neoclassical" and "Proceduralist." A Neoclassical theory has the following features: it adopts a simple preference-based view of well-being, and it counts Kaldor-Hicks efficiency as one of the basic normative criteria relevant to the evaluation of regulatory programs. A Proceduralist theory is concerned, not solely with the quality of regulatory outcomes, but also with the governmental procedures that produce these outcomes: it gives intrinsic significance to the procedures that regulatory bodies follow. (One example of a Proceduralist theory is the civic republican theory of regulation advanced …

Rights, Rules And The Structure Of Constitutional Adjudication: A Response To Professor Fallon, Matthew D. Adler

Faculty Scholarship

Constitutional doctrine is typically rule-dependent. A viable constitutional challenge typically hinges upon the existence of a discriminatory, overbroad, improperly motivated, or otherwise invalid rule, to which the claimant has some nexus. In a prior article, Prof. Adler proposed one model of constitutional adjudication that tries to make sense of rule-dependence. He argued that reviewing courts are not vindicating the personal rights of claimants, but rather are repealing or amending invalid rules. IN a Commentary in this issue, Professor Fallon now puts forward a different model of constitutional adjudication, equally consistent with rule-dependence. Fallon proposes that a reviewing court should overturn …

Expressive Theories Of Law: A Skeptical Overview, Matthew D. Adler

Faculty Scholarship

An "expressive theory of law" is, very roughly, a theory that evaluates the actions of legal officials in light of what those actions mean, symbolize, or express. Expressive theories have long played a role in legal scholarship and, recently, have become quite prominent. Elizabeth Anderson, Robert Cooter, Dan Kahan, Larry Lessig, and Richard Pildes, among others, have all recently defended expressive theories (or at least theories that might be characterized as expressive). Expressive notions also play a part in judicial doctrine, particularly in the areas of the Establishment Clause and the Equal Protection Clause.

This paper attempts to provide a …

Introduction, To Cost-Benefit Analysis, Matthew D. Adler, Eric A. Posner

Faculty Scholarship

No abstract provided.

International Law And The American National Interest, Michael Byers

Faculty Scholarship

No abstract provided.

Clear Consensus, Ambiguous Commitment, Christopher H. Schroeder

Faculty Scholarship

No abstract provided.

Litigators’ Ethics, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Comparing Race And Sex Discrimination In Custody Cases, Katharine T. Bartlett

Faculty Scholarship

No abstract provided.

The Law And The Human Target In Information Warfare: Cautions And Opportunities, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Accounting For Greed: Unraveling The “Rogue Trader” Mystery, Kimberly D. Krawiec

Faculty Scholarship

In this article, I analyze the motivations underlying the actions of "rogue traders" - market professionals who engage in unauthorized purchases or sales of securities, commodities or derivatives, often for a financial institution's proprietary trading account - and the motivations of the managers or supervisors who are assigned to oversee such traders. After beginning with the observation that rogue trading incidents are neither new nor isolated events, I argue that the continued existence of pervasive rogue trading has remained a mystery for industry observers, particularly given both the extensive legal regime and formal institutional policies apparently designed to curb such …

Time And Money: One State's Regulation Of Check-Based Loans, Deborah A. Schmedemann

Faculty Scholarship

This article, which is part narrative and part essay, describes one professor's experience working on “check cashing” (or “check-based loans”) cases at the Appalachian Research and Defense Fund in eastern Kentucky. Parts I and II describe the typical check-based loan transaction and its effects on low-income consumers. Part III recounts how the law of check-based loans has developed in Kentucky, during the professor’s time there and since. Part IV sets forth some observations about language and legal process, suggested by the preceding narrative.

Minnesota Lawyers Evaluate Law Schools, Training And Job Satisfaction, John O. Sonsteng

Faculty Scholarship

The MacCrate Report was published in 1992 and detailed the findings of a task force established by the American Bar Association. The purpose of the task force was to examine a perceived “gap” between legal education and law practice. The Report concluded that law schools needed to affirm their commitment to train students to practice effectively in the legal profession. This article analyzes the results of several surveys, each seeking to determine to what extent law schools provided Minnesota lawyers consistent training in the practice skills areas identified in the MacCrate Report. The findings discussed in this article were gleaned …

Unmasking The Stranger American Welfare Residency Rules And The Encounter With The Other, Marie Failinger

Faculty Scholarship

One American welfare doctrine that refuses to die embarrasses the American optimist-modernist credo that time always brings progress. That doctrine, most recently resurrected in President Clinton's welfare reform legislation, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), permits states to impose what euphemistic bureaucrats call a "durational residency requirement" on impoverished citizens seeking government assistance to provide food, clothing, and shelter for their families. Where this rule once meant that impoverished citizens could be denied all welfare benefits for up to a year after they moved to a new state, in its current less draconian form, the …

The Impact Of "Exceptional" Statutes On Civil Litigation In Minnesota, Michael K. Steenson

Faculty Scholarship

This article examines the treatment of “exceptional” statutes--statutes intended to protect a specific class of persons against their own inability to protect themselves--by the Minnesota appellate courts. After an analysis of the origins of the negligence per se doctrine in Minnesota, the article briefly examines the relationship between negligence per se and common law negligence. Then, following a brief historical background discussion of earlier cases involving exceptional statutes, the article focuses on individual cases in which the exceptional statutes are implicated. The goal of the article is to determine whether the law the supreme court developed has been consistently adhered …

Foreword: "Products Liability In The 21st Century Substantive U.S. And Foreign Product Liability Law", Michael K. Steenson

Faculty Scholarship

The idea for this William Mitchell Law Review Symposium on products liability law belongs to Ken Ross, who currently is Of Counsel to Bowman & Brooke. He specializes in products liability law and, as a preventive law specialist representing both domestic and foreign clients, he sees products liability law from a broad prospective that necessitates an understanding of products liability law from both a domestic and international perspective that takes into consideration legislative, regulatory, and common law shifts and trends in the law. This symposium is shaped around those broad interests.

The Futures Problem, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

The Administrative Relationship Between The District And Bankruptcy Courts, William W. Schwarzer, Neil Mcgaraghan

Faculty Scholarship

No abstract provided.

Separate But Equal?: The Supreme Court, The Lower Federal Courts, And The Nature Of The "Judicial Power", Ashutosh Bhagwat

Faculty Scholarship

No abstract provided.

Disabling Certitudes: An Introduction To The Role Of Mythologies Of Conquest In Law, Jo Carrillo

Faculty Scholarship

No abstract provided.

The Law's Scientific Revolution: Reflections And Ruminations On The Law's Use Of Experts In Year Seven Of The Revolution, David L. Faigman

Faculty Scholarship

No abstract provided.