Digital Commons Network^™

Cooperating Clients, Daniel Richman

Faculty Scholarship

Indicted on serious narcotics charges, Jose Lopez retained Barry Tarlow to “vigorously defend and try the case.” Tarlow was up to the task but warned Lopez that it was “his general policy not to represent clients in negotiations with the government concerning cooperation,” and that he did not plan to make any exception for Lopez. As Tarlow later explained, he found such negotiations “personally[,] morally and ethically offensive.” This arrangement suited Lopez just fine, until he wavered in his resolution. Encouraged by a co-defendant, worried about his children, and hoping to obtain an early release from prison …

Business Lawyers And Value Creation For Clients, Ronald J. Gilson, Robert H. Mnookin

Faculty Scholarship

This Symposium marks an important milestone in legal scholarship and education: The spotlight falls on business lawyers for a change. Ten years ago, when one of us first wrote about what business lawyers really do, no one had devoted much attention to this part of the profession. In his broadside against lawyers, Derek Bok, then President of Harvard University and formerly dean of its law school, reserved his invective for litigators and the litigation process. Business lawyers captured the attention of very few critics; even on the unusual occasion when we were noticed, the criticism was at least funny. If …

Be Just To One Another: Preliminary Thoughts On Civility, Moral Character, And Professionalism, Mark N. Aaronson

Faculty Scholarship

No abstract provided.

Corruption Of The Class Action: The New Technology Of Collusion, John C. Coffee Jr.

Faculty Scholarship

Professor Coffee's article, an oral version of which was given at the Cornell Mass Torts conference, is appearing in the Columbia Law Review. However, because commentators in this volume have responded to it, he has authorized the following summary of his views.

Imagery And Adjudication In The Criminal Law: The Relationship Between Images Of Criminal Defendants And Ideologies Of Criminal Law In Southern Antebellum And Modern Appellate Decisions, Bernard Harcourt

Faculty Scholarship

Criminal law opinions often project a distinct image of the accused. Sometimes, she is cast in a sympathetic light and may appear vulnerable or impressionable: a single mother, whose husband has died, struggling to raise her two, loving children; an impoverished, nineteen-year-old African-American with a fifth-grade education, "mentally dull and 'slow to learn;'" or a defenseless "obedient servant," protecting himself from an "adversary armed with a deadly weapon." On other occasions, the defendant may appear threatening, savage or even diabolical: a cold-blooded recidivist that escapes from a prison workcrew, brutally stabs, rapes and murders a woman, and returns for a …

Shifting The Point Of Regulation: The International Organization For Standardization And Global Lawmaking On Trade And The Environment, Naomi Roht-Arriaza

Faculty Scholarship

No abstract provided.

The Federal Judicial Center And The Administration Of Justice In The Federal Courts, William W. Schwarzer

Faculty Scholarship

No abstract provided.

Let's Try A Small Claims Calendar For The U.S. Courts, William W. Schwarzer

Faculty Scholarship

No abstract provided.

Settlement Of Mass Tort Class Actions: Order Out Of Chaos, William W. Schwarzer

Faculty Scholarship

No abstract provided.

Professional Women And The Professionalization Of Motherhood: Marcia Clark's Double Bind, D. Kelly Weisberg

Faculty Scholarship

No abstract provided.

Neither Black Nor White: Asian Americans And Affirmative Action, Frank H. Wu

Faculty Scholarship

No abstract provided.

Paying Attention To The Signs, Geoffrey C. Hazard Jr., Susan P. Koniak

Faculty Scholarship

No abstract provided.

The Settlement Black Box, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

A Tribute To Dean Robert A. Stein: Former Dean Of The University Of Minnesota Law School, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Free Trade, Regulatory Competition And The Autonomous Market Fallacy, Joel R. Paul

Faculty Scholarship

No abstract provided.

Truth As Justice Investigatory Commissions In Latin America, Naomi Roht-Arriaza, Margaret Popkin

Faculty Scholarship

No abstract provided.

Parents As Fiduciaries, Elizabeth S. Scott, Robert E. Scott

Faculty Scholarship

Traditionally, the law has deferred to the rights of biological parents in regulating the parent-child relationship. More recently, as the emphasis of legal regulation has shifted to protecting children's interests, critics have targeted the traditional focus on parents' rights as impeding the goal of promoting children's welfare. Some contemporary scholars argue instead for a "child-centered perspective," in contrast to the current regime under which biological parents continue to have important legal interests in their relationship with their children. The underlying assumption of this claim is that the rights of parents and the interests of children often are conflicting, and that …

Dolan V. City Of Tigard: Constitutional Rights As Public Goods, Thomas W. Merrill

Faculty Scholarship

When may the government require that citizens waive their constitutional rights in order to obtain benefits the government has no obligation to provide them? The answer, given by the so-called "doctrine" of unconstitutional conditions, is that sometimes the government may condition discretionary benefits on the waiver of rights, and sometimes it may not. The Supreme Court has never offered a satisfactory rationale for this doctrine, or why it "roams about constitutional law like Banquo's ghost, invoked in some cases, but not in others."

The unconstitutional conditions doctrine directs courts not to enforce certain contracts that waive constitutional rights. Perhaps it …

On Resegregating The Worlds Of Statute And Common Law, Peter L. Strauss

Faculty Scholarship

In the early afternoon of a humid, 97 degree summer day, James Gottshall was part of a crew of mostly 50- to 60-year-old men replacing track for Conrail. Michael Norvick, the crew supervisor, pressed the men to finish the work. He discouraged observance of the scheduled breaks. Richard Johns collapsed in the heat; Norvick ordered the men back to work as soon as a cold compress had revived him. Five minutes later Johns collapsed again, the victim of a heart attack. Gottshall began 40 minutes of ultimately fruitless cardiopulmonary resuscitation on Johns, his friend for 15 years. Norvick was unable …

Economic Incentives And Nonpoint Source Pollution: A Case Study Of California's Grasslands Region, Brian E. Gray, Chelsea H. Congdon, Terry F. Young

Faculty Scholarship

No abstract provided.

Commentary: Policy Implications, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Law, Morals, And Ethics, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Primer #4: Understanding And Illustrating Tax Benefits, William T. Hutton

Faculty Scholarship

No abstract provided.

Introduction, Mary Kay Kane

Faculty Scholarship

No abstract provided.

A Preliminary Inquiry Into The Transcendence Of Value Creation, Frederick Lambert

Faculty Scholarship

No abstract provided.

Is There Such A Thing As Extraconstitutionality? The Puzzling Case Of Dalton V. Specter, Evan Tsen Lee, Larry Alexander

Faculty Scholarship

No abstract provided.

Natural Resources Policy In The Clinton Administration: A Mid-Course Evaluation From Inside, John D. Leshy

Faculty Scholarship

No abstract provided.

Challenges To Environmental Law, John D. Leshy

Faculty Scholarship

No abstract provided.

Myths And Principles Of Federalization, Rory K. Little

Faculty Scholarship

No abstract provided.

Competition Versus Consolidation: The Significance Of Organizational Structure In Financial And Securities Regulation, John C. Coffee Jr.

Faculty Scholarship

It's as predictable as the swallows' return to Capistrano. At the outset of each new Administration, a Presidential Task Force proposes a restructuring of the federal administrative agencies. New developments in rapidly evolving markets, it is argued, require a consolidation of agencies to generate a broader perspective, to create a "level playing field," and to end the possibility of a "race to the bottom" (to the extent that market participants can opt for one regulatory system over another). The proposal draws little overt criticism, but turf-conscious agencies quietly mobilize their constituencies to oppose the reform. The first sign of trouble …