Digital Commons Network^™

In Memoriam–Professor Rudolph B. Schlesinger, James R. Mccall

Faculty Scholarship

No abstract provided.

Private Enforcement Of Predatory Price Laws Under The California Unlawful Practices Act And The Federal Antitrust Acts, James R. Mccall

Faculty Scholarship

No abstract provided.

Dan F. Henke–Quiet, Competent, And Indispensable, James R. Mccall

Faculty Scholarship

No abstract provided.

Issues Once Moot: The Other Evidentiary Objections To The Admission Of Exculpatory Polygraph Examinations, James R. Mccall

Faculty Scholarship

No abstract provided.

Thoughts About Roger Traynor And Learned Hand–A Qualifying Response To Professor Konefsky, James R. Mccall

Faculty Scholarship

No abstract provided.

A Tribute To Professor Dan Henke, Jenni Parrish

Faculty Scholarship

No abstract provided.

In Tribute (Professor Stefan A. Riesenfeld), H.G. Prince

Faculty Scholarship

No abstract provided.

Criminal History And The Purposes Of Sentencing, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.

Federal Tax Policy, Tax Subsidies, And The Financing Of Professional Sports Facilities, Daniel J. Lathrope

Faculty Scholarship

No abstract provided.

Authors And Users In Copyright, Jane C. Ginsburg

Faculty Scholarship

It has become fashionable, among some thinkers and activists in copyright and related fields, to disparage or to deplore copyright protection. For one drawn to copyright both for its intellectual fascination and its inspiring goals of fostering creativity and protecting authorship, I am distressed to learn that I am among the defenders of a fallen faith, that authors' rights are misguided (if not pernicious) impediments to technological progress, and, worst of all, that copyright blocks freedom of thought and speech in cyberspace. Digital agendas notwithstanding, some of this derogatory discourse is not new; infringers have long found eloquent, if somewhat …

The Shaping Force Of Corporate Law In The New Economic Order, Jeffrey N. Gordon

Faculty Scholarship

My topic for this Allen Chair lecture is the shaping force of corporate governance in the new economic order. It is easy to think of corporate law as an arcane field with mysterious terms and peculiar rules, ultimately of interest only to those who are prepared to bill at least 2000 hours a year to unravel its complexities. This is the view that there is a pointless mystery about shareholders, directors, common stocks, debentures, and the bizarre creature my class encountered recently, a convertible exchangeable cumulative preferred stock; and that ultimately corporate law and practice consists of the expert manipulation …

Comments On Campaign Finance Reform, Henry P. Monaghan

Faculty Scholarship

Realistically viewed, the public does not care much about campaign finance. However, the commentators and politicians involved with the campaign process care a great deal. Yet, of those who have expressed any view at all about our topic, few still believe that the existing distinction between expenditures and contributions is satisfactory.

I agree with Judge Winter's statement that, from the point of view of the speaker, the distinction between contributions and expenditures is pretty weak. This is because the choice between the two is made by a donor, who looks for the most efficient way to espouse political ideas and …

Protecting A Piece Of American Folklore: The Example Of The Gusset, Jo Carrillo

Faculty Scholarship

No abstract provided.

Subjunctive Lawyering And Other Clinical Extern Paradigms, Kate Bloch

Faculty Scholarship

No abstract provided.

Compensation For Damage To Parties On The Ground As A Result Of Aviation Accidents, David I. Levine, Carel J. Stolker

Faculty Scholarship

No abstract provided.

The Reasonable Alternative Design Test: Back To Negligence?, David I. Levine, Carel J. Stolker

Faculty Scholarship

No abstract provided.

Een Onrechtmatig Bestaan In Nederland: Een Stand Van Zaken, David I. Levine, Carel J. Stolker

Faculty Scholarship

No abstract provided.

Appellate Review Of Scientific Evidence Under Daubert And Joiner, David L. Faigman

Faculty Scholarship

No abstract provided.

The Battered Woman Syndrome In The Age Of Science, David L. Faigman, Amy J. Wright

Faculty Scholarship

No abstract provided.

Environmental Management Systems And Environmental Protection: Can Iso 14001 Be Useful Within The Context Of Apec?, Naomi Roht-Arriaza

Faculty Scholarship

No abstract provided.

Supress Or Suspend: New York’S Exclusionary Rule In School Disciplinary Proceedings, Mai Linh Spencer

Faculty Scholarship

No abstract provided.

Inclusive Teaching Methods Across The Curriculum: Academic Resource And Law Teachers Tie A Knot At The Aals, Laurie Zimet

Faculty Scholarship

This article describes an educational journey of seven diverse law teachers, located in different parts of the country, at various stages of our careers, who, in the course of preparing a simple panel for AALS, found that they had created a truly rewarding experience of their own.

Foreword: The New Estates, Lance Liebman

Faculty Scholarship

Telecommunications Law is under pressure from fast-paced technological advances and changes in the industry structure. As the high-stakes debates plays itself out in federal and state legislatures, agencies and courts, the academic study is struggling to catch up. The author poses provocative questions about the present and future of Telecommunications Law. Of paramount interest are the ill-fitting legal categories that continue to influence crucial determinations about the level of First Amendment protection accorded various communications media, and the reach of Constitutional Takings doctrine that pits incumbent regulated industries against government regulators and up-start competitors looking to shake-up the established order. …

The Role Of Criminal Law In Policing Corporate Misconduct, Gerard E. Lynch

Faculty Scholarship

In the early 1990s, I spent a couple of years as Chief of the Criminal Division in the Office of the U.S. Attorney for the Southern District of New York. One of my principal responsibilities was to hear "appeals" from defense lawyers, usually, although not exclusively, in white collar crime cases. These lawyers felt that their clients should not be indicted, or that the plea offer they had received from the prosecutor in charge of the case was unduly severe. Sometimes their arguments were essentially factual contentions that the government had the wrong take on the evidence – that the …

Specialized Labor And Employment Law Institutions In New Zealand And The United States, Andrew P. Morriss

Faculty Scholarship

Legal specialization takes several forms: decision-makers and advocates can specialize in particular types of cases, specialized rules can govern particular types of disputes, facts may be found by experts, appeals heard by special courts, or some or all of these combined. The American and New Zealand employment and labor law regimes make different use of specialized decision-makers, in part because of differences in their use of specialized legal rules for labor and employment law. These differences provide an opportunity to assess the appropriateness of specialization in legal decisionmaking.

Specialization in the legal system is simply one form of the more …

Private Actors & (And) Structural Balance: Militia & (And) The Free Rider Problem In Private Provision Of Law, Andrew P. Morriss

Faculty Scholarship

Miners in Montana in the 1860s created "common law," nongovernmental legal institutions which dispensed millions of dollars of public resources to private individuals. Armed Vigilantes rode across the territory administering private justice. They hung twenty-two men, including an elected sheriff and his deputies. Even as Montana finally became a territory in May 1864, "it nevertheless chose still to regard itself as back of beyond, as a remote, independent, and untouchable empire. It resented and continually obstructed, ungratefully, the federal controls which accompanied the blessings of territorial recognition." Such activities were not limited to the early days of the Montana Territory: …

Fourth Amendment Accommodations: (Un)Compelling Public Needs, Balancing Acts, And The Fiction Of Consent, Guy-Uriel Charles

Faculty Scholarship

The problems of public housing-including crime, drugs, and gun violence- have received an enormous amount of national attention. Much attention has also focused on warrantless searches and consent searches as solutions to these problems. This Note addresses the constitutionality of these proposals and asserts that if the Supreme Court's current Fourth Amendment jurisprudence is taken to its logical extremes, warrantless searches in public housing can be found constitutional. The author argues, however, that such an interpretation fails to strike the proper balance between public need and privacy in the public housing context. The Note concludes by proposing alternative consent-based regimes …

Nothing And Everything: Race, Romer, And (Gay/Lesbian/Bisexual) Rights, Robert S. Chang, Jerome Mccristal Culp Jr.

Faculty Scholarship

In this Article, Professors Chang and Culp propose that the Supreme Court's decision in Romer v. Evans, viewed by some scholars as a progressive case about gay/lesbian/bisexual rights, has little to do with gay/lesbian/bisexual rights as such. They argue that whatever protection Romer provides to gays, lesbians, and bisexuals is provided not because of their sexuality but, rather, despite it. The authors demonstrate their thesis by examining the racial underpinnings of the Court's opinion, which begins with Justice Harlan's famous dissent in Plessy v. Ferguson and which relies on a specific vision of color-blindness. This submerged racial jurisprudence provides the …

A Tale Of Two Lawyers, Paul D. Carrington

Faculty Scholarship

No abstract provided.

Firm Capabilities And Managerial Decision-Making: A Theory Of Innovation Biases, Janet E. L. Bercovitz, John M. De Figueiredo, David J. Teece

Faculty Scholarship

No abstract provided.