Digital Commons Network^™

Non-Silences Of Professor Hazard On "The Silences Of The Restatement": A Response To Professor Menkel-Meadow, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Protecting The Environment: Finding The Balance Between Delaney And Free Play, Geoffrey C. Hazard Jr., Howard Kunreuther

Faculty Scholarship

No abstract provided.

In Memoriam—Professor Rudolf B. Schlesinger, Mary Kay Kane

Faculty Scholarship

No abstract provided.

In Tribute, Mary Kay Kane

Faculty Scholarship

No abstract provided.

Cancelling Crime, Evan Tsen Lee

Faculty Scholarship

No abstract provided.

Foreword, Interpretive Methodologies: Perspectives On Constitutional Theory, Evan Tsen Lee

Faculty Scholarship

No abstract provided.

Professor Rudolf B. Schlesinger: An Affectionate Tribute, David I. Levine

Faculty Scholarship

No abstract provided.

Capture Theory And The Courts: 1967-1983, Thomas W. Merrill

Faculty Scholarship

The Administrative Procedure Act ("APA") is a framework statute, not a complete code. Its central provisions are rather spare, and a number of important questions are not covered at all. It comes as no surprise, therefore, that the judicial gloss on the APA has taken on a large significance over time. It should also come as no surprise that this interpretative mantle has assumed a different shape with different generations of judges. In this respect, our experience with the APA parallels that with the Constitution. Occasionally there is a feint in the direction of enforcing the "original understanding" of the …

Cyberspace Sovereignty? – The Internet And The International System, Tim Wu

Faculty Scholarship

Governments of the Industrial World, you weary giants of flesh and steel, I come from Cyberspace, the new home of the Mind. On behalf of the future, I ask you of the past to leave us alone. You are not welcome among us. You have no sovereignty where we gather.

By linking with the Internet, we don't mean absolute freedom of information. I think there is a general understanding about this. If you go through customs, you have to show your passport. It's the same with management of information. There is no contradiction at all between the development of telecommunications …

Lawyers Have Free Speech Rights, Too: Why Gag Orders On Trial Participants Are Almost Always Unconstitutional, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Decision-Makers: In Defense Of Courts, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Toward A Theory Of Effective Supranational Adjudication, Laurence R. Helfer, Anne-Marie Slaughter

Faculty Scholarship

Supranational adjudication in Europe is a remarkable and surprising success. Europe's two supranational courts -- the European Court of Justice (ECJ) and the European Court of Human Rights (ECHR) -- issue dozens of judgments each year with which defending national governments habitually comply in essentially the same manner as they would with domestic court rulings. These experiences stand in striking contrast to those of many international tribunals past and present. Can the European experience of supranational adjudication be transplanted beyond Europe? Professors Helfer and Slaughter argue that the effectiveness of the ECJ and the ECHR is linked to their power …

Valuing Ecosystem Services (Review Essay), James Salzman

Faculty Scholarship

reviewing, Nature's Services: Societal Dependence on Natural Ecosystems (Gretchen C. Daily ed., 1997)

As A Matter Of Factions: The Budgetary Implications Of Shifting Factional Control In Japan’S Ldp, Mathew D. Mccubbins, Michael F. Thies

Faculty Scholarship

For 38 years, the Liberal Democratic Party (LDP) maintained single-party control over the Japanese government. This lack of partisan turnover in government has frustrated attempts to explain Japanese government policy changes using political variables. In this paper, we look for intraparty changes that may have led to changes in Japanese budgetary policy. Using a simple model of agenda-setting, we hypothesize that changes in which intraparty factions “control” the LDP affect the party’s decisions over spending priorities systematically. This runs contrary to the received wisdom in the voluminous literature on LDP factions, which asserts that factions, whatever their raison d’être, do …

Justice Delayed Is Justice Denied, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Apportioning Business Profits Generated By Spousal Labor And Capital Owned Over Time By Shifting Fractional Shares Of The Separate And Community/Martial Estates, William A. Reppy Jr.

Faculty Scholarship

No abstract provided.

Moderating Investigative Lies By Disclosure And Documentation, Robert P. Mosteller

Faculty Scholarship

No abstract provided.

The Current Illegitimacy Of International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith

Faculty Scholarship

No abstract provided.

Territorial Intellectual Property Rights In An Age Of Globalism, Curtis A. Bradley

Faculty Scholarship

No abstract provided.

Tax And The Married Woman, Lawrence A. Zelenak

Faculty Scholarship

Reviewing, Edward J. McCaffery, Taxing Women (1997)

The Defensive Use Of Federal Class Actions In Mass Torts, Francis Mcgovern

Faculty Scholarship

No abstract provided.

The Principle Of The Military Objective In The Law Of Armed Conflict, Horace B. Robertson

Faculty Scholarship

In their commentary on the two 1977 Protocols Additional to the Geneva conventions of 1949, Michael Bothe, Karl Josef Partsch, and the late Waldemar A. Soif remark that the definition of the "military objective" in the sense of targets for attack had, until adoption of Article 52 of Protocol Additional I, "eluded all efforts to arrive at a generally acceptable solution?"

What’S Law Got To Do With It? The Political, Social, Psychological And Other Non-Legal Factors Influencing The Development Of (Federal) Criminal Law, Sara Sun Beale

Faculty Scholarship

No abstract provided.

The Fundamentals Of An Electronic-Based Federal Securities Act, James D. Cox

Faculty Scholarship

No abstract provided.

Not Bad For Government Work: Does Anyone Else Think The Supreme Court Is Doing A Halfway Decent Job In Its Erie-Hanna Jurisprudence?, Thomas D. Rowe Jr.

Faculty Scholarship

No abstract provided.

Introduction: Is Law An Autonomous Discipline?, Steven L. Schwarcz

Faculty Scholarship

No abstract provided.

Defining A Profession: Some Initial Problems, Richard A. Danner

Faculty Scholarship

Professor Danner looks at the literature of the profession for insight into the relationships among librarians and other information professionals in the workplace, and to see how increasing reliance on technology in the work of all information professionals (and their clients) will affect roles and relationships in the future. He draws upon examples from American law librarianship to show current trends and developments.

Why The Web?, Richard A. Danner

Faculty Scholarship

No abstract provided.

Renaissance Matters, Richard A. Danner

Faculty Scholarship

No abstract provided.

Foucault In Cyberspace: Surveillance, Sovereignty, And Hardwired Censors, James Boyle

Faculty Scholarship

This is an essay about law in cyberspace. I focus on three interdependent phenomena: a set of political and legal assumptions that I call the jurisprudence of digital libertarianism, a separate but related set of beliefs about the state's supposed inability to regulate the Internet, and a preference for technological solutions to hard legal issues on-line. I make the familiar criticism that digital libertarianism is inadequate because of its blindness towards the effects of private power, and the less familiar claim that digital libertarianism is also surprisingly blind to the state's own power in cyberspace. In fact, I argue that …