Digital Commons Network^™

Would A Market-Based Test Clarify Entrapment?, Roger C. Park

Faculty Scholarship

No abstract provided.

Reforming Labor Law For The New Century, Lance Liebman

Faculty Scholarship

The two articles that follow are the first published fruit of a conversation that was initiated in 1998 under the auspices of "Labor Law Reform for Developed Countries in the 21st Century," several years of conferences leading to the May 2000 Tokyo Conference of the International Industrial Relations Association. This project has had generous support from the Center for Global Partnership of the Japan Foundation and from the Parker School of Foreign and Comparative Law at Columbia Law School.

The participants have been labor law professors from Europe, Japan, and the United States. The group has focused its research and …

The Supreme Court, Sexual Citizenship And The Idea Of Progress, Kendall Thomas

Faculty Scholarship

Is American Progressive Constitutionalism dead ... yet? I propose to seek the beginnings of an answer to this question in the pages of a recent decision by the United States Supreme Court. I do feel obliged to say this, not because I am committed to a court-centered adjudicative conception of American constitutionalism; to the contrary. But rather, because the decision on which I want to focus seems to me to offer a rich resource for critical reflection on the idea of self-government whose connections to Progressive Constitutionalism give us our topic this afternoon.

Private Amici Curiae And The Supreme Court's 1997-1998 Term Employment Law Jurisprudence, Andrew P. Morriss

Faculty Scholarship

The amicus curiae brief has become a common occurrence in today's legal arena, especially with the proliferation of private interest groups that specialize in numerous topics of political and social interest. The substantial increase in the use of amici briefs, however, has sparked criticism concerning both the costs (in effort and resources) associated with filing these griefs and the persuasive effect (or lack thereof) the briefs have on the Court. Much of this criticism arises from the failure of many interest groups to posit "legal" arguments that apply the facts of a given case to the law. Instead, the amici …

Pink Ghetto, Susan Ayres

Faculty Scholarship

This creative piece offers a postmodern feminist critique of law faculty hierarchies, including the status of legal research and writing faculty positions. It incorporates theories of Hélène Cixous to challenge discriminatory practices in law schools.

Codification And Right Answers, Andrew P. Morriss

Faculty Scholarship

Attempting to survey the entire sweep of the nineteenth-century American codification debate is well beyond the scope of this article. Here, I will concentrate on what I view to be the most interesting portion—the debate provoked by draft codes prepared by David Dudley Field for New York during the 1860s. Field's drafts formed the basis for the codes ultimately adopted in Dakota Territory, California, and Montana as well as sparking years of often heated debate in New York.

I concentrate on the debate over the Field Codes, to the exclusion of the successful codifications in Georgia and Louisiana and unsuccessful …

Unplanned Career Paths: The Role Of Serendipity (Part 2), Jim Hambleton, Louis Calvert

Faculty Scholarship

Starting a new position, for whatever reason, means remaining open to new people and new procedures. While it may not be evident, almost every procedure in a library has a historical reason for being. The challenge is to take the time to understand why something is done the way that it is, then evaluate whether the underlying basis still is valid. People often do things "because that's the way it's always been done" without comprehending the underlying reason for the existing procedure. But if the underlying reason still is valid, procedures shouldn't be changed haphazardly.

Understanding the culture of the …

Unplanned Career Paths: The Role Of Serendipity (Part 1), Jim Hambleton, Louis Calvert

Faculty Scholarship

Several years ago a colleague wrote about career planning. His article was filled with fine ideas about how to map out a career. As both authors are at the point where our careers are about two-thirds over, we thought we would write about how careers really work out.

Abdication Or Delegation? Congress, The Bureaucracy, And The Delegation Dilemma, Mathew D. Mccubbins

Faculty Scholarship

No abstract provided.

Marshall’S Questions, Walter E. Dellinger Iii, H. Jefferson Powell

Faculty Scholarship

No abstract provided.

Organized Violence And The Future Of International Law: A Practitioner's View Of The Emerging Issues, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

The Legal Basis For No-Fly Zones, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

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

Faculty Scholarship

This paper analyzes cost-benefit analysis from legal, economic, and philosophical perspectives. The traditional defense of cost-benefit analysis is that it maximizes a social welfare function that aggregates unweighted and unrestricted preferences. We follow many economists and philosophers who conclude that this defense is not persuasive. Cost-benefit analysis unavoidably depends on controversial distributive judgments; and the view that the government should maximize the satisfaction of unrestricted preferences is not plausible. However, we disagree with critics who argue that cost-benefit analysis produces morally irrelevant evaluations of projects and should be abandoned. On the contrary, cost-benefit analysis, suitably constrained, is consistent with a …

Markets, Democracy, And Ethnic Conflict, Amy L. Chua

Faculty Scholarship

No abstract provided.

International Decisions: Grant V. Southwest Trains Ltd., Laurence R. Helfer

Faculty Scholarship

No abstract provided.

Teaching Civil Procedure: A Retrospective View, Paul D. Carrington

Faculty Scholarship

No abstract provided.

The Shareholder Primacy Norm, D. Gordon Smith

Faculty Scholarship

Corporate directors have a fiduciary duty to make decisions in the best interests of the shareholders. This aspect of fiduciary duty is often called the shareholder primacy norm. Legal scholars generally assume that the shareholder primacy norm is a major factor considered by boards of directors of publicly traded corporations in making ordinary business decisions and that changing the shareholder primacy norm would have an effect on the substance of those decisions. This Article challenges this view and argues that the shareholder primacy norm was never equipped to mediate conflicts between shareholders and nonshareholder constituencies of a corporation. The origins …

Review Of Jesse Dukeminier And James E. Krier, Property (4th Edition 1998), Andrew P. Morriss

Faculty Scholarship

Professors Dukeminier and Krier's property casebook is reputed to be the market leader in Property casebooks; I have heard estimates that it has as much as a fifty percent market share. This position is well-deserved-the casebook is thorough, comprehensive, well-written, error free, and, a significant feature for new teachers, has the best teacher's manual I have encountered for any casebook in any subject. IBM once sold computers because "No one ever got fired for choosing IBM." An analogous claim can be made for this casebook-no one ever provoked significant faculty or student unrest by choosing Dukeminier and Krier.

In this …

Brief Of Intervenor, Women’S Legal Education And Action Fund (Leaf), Ferrel V. Ontario, Laura Spitz

Faculty Scholarship

The issues in this appeal are whether Bill 8, An Act to Repeal Job Quotas and Restore Merit-Based Employment Practices in Ontario ("Bill 8''), contravenes section 15(1) of the Canadian Charter of Rights and Freedoms (the "Charter''), and, if so, whether the contravention is justified under section I of the Charter. This brief reviews the Government's repeal of the Federal Emplyment Equity Act (EEA). This repeal impairs designated groups to the greatest extent possible by removing all of the mechanisms which are necessary to remedy systemic discrimination in employment. Additionally, where discrimination is effected by the wholesale repeal of human …

The Inevitable Collision: Affirmative Action And The Constitution, Jennifer Moore

Faculty Scholarship

This Comment, like a traditional Comment regarding affirmative action, will provide analysis pertaining to the historical events that shaped modem affirmative action policies. However, this Comment will also examine the recent settlement of Taxman v. Board of Education, a most intriguing display of political maneuvering which remains shrouded in controversy." Taxman would have presented the upreme Court with an ideal lens through which to examine the constitutionality of affirmative action. However, as a result of industrious manipulation, the Court narrowly missed that opportunity. Because a live controversy no longer exists, this Comment will focus on the Supreme Court's lost chance …

Of Solemn Oaths And Obligations: The Environmental Impact Of The Icj’S Decision In The Case Of The Gabcikovo-Nagymaros Project, Stephen Stec, Gabriel Eckstein

Faculty Scholarship

Chapter Extract:

The law of treaties often conjures up images of states as rotund gentlemen with whiskers, vests, and watch-chains proclaiming solemn and chivalric oaths upon their honour. Treaties are sacred in the same way that a man's word is his bond. This type of relationship among states is largely unquestioned since much of the way we live in the world depends upon the assumption of the inviolability of sovereign states and their treaties. Any challenge to these assumptions would surely evoke horror at the unmentionable void that would result-except in lawyers who make their livings shaving nuances. However, in …

Redefining Reference - Is The Reference Desk A Thing Of The Past?, Barbara S. Gontrum

Faculty Scholarship

No abstract provided.

Feminist Legal Theory, Feminist Lawmaking, And The Legal Profession, Elizabeth M. Schneider, Cynthia Grant

Faculty Scholarship

No abstract provided.

Punitive Damages And The Economic Theory Of Penalties, Keith N. Hylton

Faculty Scholarship

Deterrence has long been considered one of the most important goals of both tort law and criminal law. However, there are different notions of deterrence advanced in the literature in these areas. The traditional notion of deterrence in the criminal punishment literature is one of "complete deterrence," of stopping offenders from committing offensive acts. Generally, complete deterrence is accomplished by eliminating the prospect of gain on the part of the offender. The alternative, more recent notion of deterrence, largely observed in the torts literature, is that of "appropriate or optimal deterrence," which implies deterring offensive conduct only up to the …

Rights-In-Data Policies Affecting Department Of Defense Acquisition Of Computer Software And Related Products, Michael Greenberger, Michael S. Kane

Faculty Scholarship

No abstract provided.

Environmental Legislation And The Problem Of Collective Action, Robert V. Percival

Faculty Scholarship

No abstract provided.

Property Law: 1998 Survey Of Florida Law, Ronald B. Brown, Joseph M. Grohman

Faculty Scholarship

No abstract provided.

Markets, Democracy, And Ethnicity: Toward A New Paradigm For Law And Development, Amy L. Chua

Faculty Scholarship

No abstract provided.

Regulatory Takings And Original Intent: The Direct, Physical Takings Thesis Goes Too Far, Andrew S. Gold

Faculty Scholarship

No abstract provided.

Creating True Believers: Putting Macro Theory Into Practice, Minna J. Kotkin

Faculty Scholarship

No abstract provided.