Digital Commons Network^™

Public Declarations Of Professionalism Professionalism Symposium, Bruce A. Green

Faculty Scholarship

When it comes to the subject of "professionalism," there is a gap between the leaders of the organized bar and its members. Bar leaders are eager to discuss the subject. For example, this year's annual meeting of the American Bar Association ("ABA") afforded bar leaders, as well as legal academics, a host of opportunities to share strategies to promote "professionalism" and "professional values." The Section of Legal Education and Admissions to the Bar sponsored a program on "Professionalism in Law Schools and the Profession." Organizations representing bar executives, bar presidents, and bar foundations jointly presented a program called "Tough Talk, …

The Nature And Function Of Criminal Theory, George P. Fletcher

Faculty Scholarship

The practice of teaching and writing in the field of criminal law has changed dramatically in the last half-century. In the United States and England, and to a lesser extent in other English-speaking countries, we have witnessed a turn toward theoretical inquires of a greater depth and variety than had existed previously in the history of Anglo-American law. The subjects of this new literature include the nature and rationale of punishment; the theory of justification and of excuse, that is, of wrongdoing and responsibility; the relevance of consequences to the gravity of offenses (the problem of moral luck); and the …

Europe's Evolving Regulatory Strategy For Gmos – The Issue Of Consistency With Wto Law: Of Kine And Brine, Robert Howse, Petros C. Mavroidis

Faculty Scholarship

This Essay deals with one question: If challenged, how would regulatory restrictions on genetically modified organisms ("GMOs") be judged by a World Trade Organization ("WTO") adjudicating body. Many of the controversies about the effect of WTO law on domestic regulation have been influenced by the view that the law as it stands may well impede the ability of governments to regulate new and uncertain risks to health and the environment. The result in the Beef Hormones case ("Hormones case") is often cited for this proposition. In this Essay we aim to show that, contrary to an increasingly widespread popular …

The Limits Of Behavioral Theories Of Law And Social Norms, Robert E. Scott

Faculty Scholarship

The law influences the behavior of its citizens in various ways. Well understood are the direct effects of legal rules. By imposing sanctions or granting subsidies, the law either expands or contracts the horizon of opportunities within which individuals can satisfy their preferences. In this way, society can give incentives for desirable behavior. The direct effects of legal rules on individual behavior have been a fruitful source of inquiry for analysts using the techniques of law and economics. Modeling the incentive effects of legal rules provides a useful predictive tool for positive theory and normative critique. Indeed, the tools of …

Are Ethics Committee Members Competent To Consult?, Diane E. Hoffmann, Anita J. Tarzian, J. Anne O'Neil

Faculty Scholarship

No abstract provided.

The Direction Of Corporate Law: The Scholars' Perspective, John C. Coffee Jr., Richard A. Booth Marbury Research Professor Of Law, R. Franklin Balotti, David C. Mcbride, Edward P. Welch

Faculty Scholarship

Transcript of a panel on a scholar's approach to corporation law.

Devolution And The Public Health, Rena I. Steinzor

Faculty Scholarship

No abstract provided.

Rational Recreation And The Law: The Transformation Of Popular Urban Leisure In Victorian England , Rachel Vorspan

Faculty Scholarship

In this article, Rachel Vorspan investigates the complex role played by the courts in the social and cultural transformation of Victorian England. Through focusing on judicial rulings in the recreational as well as political and industrial contexts she explains how the English judiciary played an important function in "rationalizing" the major institutions and practices of urban leisure

Sexual Harassment And Racial Disparity: The Mutual Construction Of Gender And Race, Tanya K. Hernandez

Faculty Scholarship

For a number of years, commentators have proffered anecdotal evidence to suggest that women of color figure prominently as sexual harassment plaintiffs. Until recently, a systematic statistical analysis of women's experiences of sexual harassment by race was largely unavailable. For the first time, this Article comprehensively analyzes Equal Employment Opportunity Commission (EEOC) sexual harassment charge statistics, by looking at data from the last seven years along with Lexis-Nexis and Westlaw electronic reports of sexual harassment complaints for the last twenty years. What immediately becomes apparent in this statistical analysis of sexual harassment charges in the United States is the overrepresentation …

Shaping Competition On The Internet: Who Owns Product And Pricing Information, Maureen A. O'Rourke

Faculty Scholarship

Historically, markets have almost always fallen short of satisfying the conditions for and providing consumers with the benefits of perfect competition. Certain characteristics of electronic markets, however, enhance the possibility that e-commercel will be conducted in an environment that comes closer to attaining the perfectly competitive ideal than that of most conventional markets.

Foreword To Amicus Brief On The Status Of Palestinian Refugees Under International Refugee Law, Guy Goodwin-Gill, Susan M. Akram

Faculty Scholarship

Palestinian refugees have a status that is unique under international refugee law. Unlike any other group or category of refugees in the world, Palestinians are singled out for exceptional treatment in the major international legal instruments which govern the rights and obligations of states towards refugees: the 1951 Geneva Convention Relating to the Status of Refugees and its 1967 Protocol; the Statute of the United Nations High Commissioner for Refugees; and, specifically with regard to the Palestinians, the Regulations governing the mandate of the United Nations Relief and Works Agency for Palestinian Refugees in the Near East. Almost all states …

The Future Claims Representative In Mass Tort Bankruptcy: A Preliminary Inquiry, Frederick Tung

Faculty Scholarship

Mass torts have becomemoved center stage in the courts, the academy, and the popular press. The plight of mass tort victims—asbestos victims, Dalkon shield users, breast implant recipients, among others—has become standard fare in the media., and cCourts and commentators have struggled for several decades attempting to craft just and workable solutionsresolutions of mass tort liabilities. The challenge is to save the business, restructuring its debts, while providing fair treatment to future claimants and achieving a final resolution of their rights against the business.

Symposium: Advances In Biomaterials And Devices, And Their Financing, Ronald A. Cass, Michael S. Baram, Steven Bauer, Joyce Wong, Martin Yarmush, Joshua Tolkoff, Rufus King

Faculty Scholarship

My name is Professor Michael Baram and I direct the Center for Law and Technology here at the law school. Today's meeting is the third annual Technology Law Symposium to be held here, sponsored by the high technology law firm of Testa, Hurwitz & Thibeault, LLP and the Center for Law and Technology.

Our meeting today is focused on an exciting area of research and product development. This area involves the use of conventional as well as new genetically engineered biomaterials in new medical device configurations for implantation and with the purpose of restoring bodily functions, regenerating tissue, bone, cartilage, …

Tobacco, The Food And Drug Administration, And Congress, Leonard H. Glantz, George J. Annas

Faculty Scholarship

Smoking has been the number-one target of public health professionals in the United States for more than a decade because it is the leading cause of premature death. Nonetheless, no unified public health strategy has been developed. In 1995, with the strong endorsement of President Bill Clinton and Vice President Al Gore, the commissioner of the Food and Drug Administration (FDA), Dr. David Kessler, announced that the agency had jurisdiction over tobacco and would regulate cigarettes as “drug-delivery devices. The tobacco companies objected and sued the FDA, arguing that Congress had not given the FDA jurisdiction over their product. The …

Internet Speech And The First Amendment Rights Of Public School Students, Leora Harpaz

Faculty Scholarship

In exploring the range of the First Amendment issues raised by school efforts to discipline students for Internet activities, this Article first examines Supreme Court and lower court precedent involving student speech outside of the Internet context. It then looks at Beussink, the first reported decision to involve discipline of a student for Internet speech. It also discusses other Internet situations in which schools have sought to impose sanctions on students. In its final section, it applies free speech methodology to a range of Internet situations. This exploration identifies some situations where a school is free to control speech that …

Stock Markets And The Globalization Of Retirement Savings: Implications Of Privatization Of Government Pensions For Securities Regulators, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Alden And The Web Of Environmental Law, William D. Araiza

Faculty Scholarship

No abstract provided.

When Those Who Do Teach: The Consequences Of Law Firm Education For Business Law Education, James A. Fanto

Faculty Scholarship

No abstract provided.

Protecting The Sacred Sites Of Indigenous People In U.S. Courts: Reconciling Native American Religion And The Right To Exclude, Kevin J. Worthen

Faculty Scholarship

The key to understanding current U. S. caselaw concerning the protection of Native American sacred sites is arguably found in the dissenting opinion of an eighteen-year old case involving not religious freedom, not sacred sites, and not cultural heritage - but the right of Indian tribes to impose severance taxes on non-tribal members who extract oil and gas from tribal lands. In Merrion v. Jicarilla Apache Tribe, Justice Stevens refused to join the majority’s conclusion that the inherent sovereignty of the Jicarilla Apache Tribe included the power to impose such a tax. In his view, a tribe’s authority to regulate …

The Locus Of Lawmaking: Uniform State Law, Federal Law, And Bankruptcy Reform, Edward J. Janger

Faculty Scholarship

No abstract provided.

The Emerging Law Of The Digital Domain And The Contract/Ip Interface: An Antipodean Perspective, Samuel K. Murumba

Faculty Scholarship

No abstract provided.

South African Perspectives: Its Prospects And Its Income Tax System, Samuel C. Thompson Jr.

Faculty Scholarship

No abstract provided.

Symposium: Software As A Commodity: International Licensing Of Intellectual Property, Neil B. Cohen

Faculty Scholarship

No abstract provided.

Retribution And Redemption In The Operation Of Executive Clemency, Elizabeth Rapaport

Faculty Scholarship

In this Article, my goal is to raise doubts about the adequacy of the neo-retributive theory of clemency and stimulate reappraisal and development of what I will call the "redemptive" perspective. To this end I will present an exposition and critique of neo-retributive theory of clemency.

American Constitution-Making: The Neglected State Constitutional Sources, Christian G. Fritz, Marsha L. Baum

Faculty Scholarship

American Constitution-Making: The Neglected State Constitutional Sources' looks at a frequently overlooked genre of literature pertinent to American constitution-making: comprehensive compilations of state constitutions that made their appearance from the first wave of constitution-making preceding (and following) the Federal constitution. Routinely issued in pocket-sized editions, the authors demonstrate the presence of these compilations in constitutional conventions and their use by constitution-makers from the Revolutionary period through the late 19th century. The significance of the process of 'borrowing' provisions from other state constitutions is placed in a new and different light that raises intriguing questions about the level of American awareness, …

Instream Flows In New Mexico, Denise D. Fort

Faculty Scholarship

Instream flows for fisheries, recreation and aesthetic purposes held to be a legitimate use under New Mexico's statutory regime.

Complaints, Anita Bernstein

Faculty Scholarship

No abstract provided.

Book Note: Reviewing "Tortured Confessions", Fatma E. Marouf

Faculty Scholarship

Review Extract:

Tortured Confessions presents an innovative perspective on the relationship between torture and propaganda. While much has been written about the way propaganda spurs and sanctifies torture by demonizing "the enemy," few have explored the way torture itself is used to create propaganda. Abrahamian's work explores how the primary purpose of torture in Iran has been to extract ideological recantations from prisoners.

Patents And Cumulative Innovation, Clarisa Long

Faculty Scholarship

Proprietary rights to the products of biomedical research have repeatedly been a source of controversy for over twenty years. Patents on biomedical innovations have allowed scientists, academics, and research institutions to raise research funds and have contributed to the growth of the biotechnology industry. But “one firm’s research tool may be another firm’s end product.” Patents have been a source of great concern for academic and basic researchers, who fear that proprietary rights to basic research results will hamper the progress of science, stifle the free flow of new knowledge and the dissemination of research results, and chill the research …

Critical National Infrastructure, Philip C. Bobbitt

Faculty Scholarship

It's great to be home. I look out in this group. It may be the Philosophical Society, but it really looks to me like coming home. I see the Weinbergs, the Rostows. I went to law school because of Chris Dougherty. I have a "family" out here that I very seldom get to see, so it's a real rreac for me to be here.

For about a year and a half now, I've lived in Washington. If you visit Washington, a place you must go is the Library of Congress. And if you go to the Library of Congress, you …