Digital Commons Network^™

Rediscovering Client Decisionmaking: The Impact Of Role-Playing, Mary Zulack

Faculty Scholarship

There are more things of importance to representing clients than are disclosed through a typical interview or counseling session, even a session undertaken by a lawyer earnestly attempting to hear rather than ignore the client. We lawyers are often vividly aware, when we pause to contemplate the point, that we do not know all we should about our clients. We may also believe that we have great gulfs of knowledge and experience to cross in order to hear and understand any particular client. Further, we fear that our ability to cross these gulfs is limited by the human, and lawyerly, …

Holmes's Legacy And The New Constitutional History, Eben Moglen

Faculty Scholarship

The most significant collaborative effort in the literature of American constitutional history, the Oliver Wendell Holmes Devise History of the Supreme Court of the United States, is nearing completion. A generation has passed since the appearance of the first volume, authored by Julius Goebel, Jr., and (after many vicissitudes affecting several of the works in the series) the appearance of this volume marks the antepenultimate stage. Though Professor Fiss's remarkable achievement deserves to be viewed primarily on the basis of its own merits as a study of the Fuller Court, a just appreciation of its contribution to the literature requires …

Tradition, Change, And The Idea Of Progress In Feminist Legal Thought, Katharine T. Bartlett

Faculty Scholarship

No abstract provided.

Reporter’S Draft For The Working Group On Principles To Use When Considering The Federalization Of Civil Law, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

The Fragmentation Of The Federal Rules, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Law And The New Ecology: Evolution, Categories, And Consequences, Jonathan B. Wiener

Faculty Scholarship

Reviewing, Beak of the Finch: A Story of Evolution in Our Time

Revolt Of The Masses: Armed Civilians And The Insurrectionary Theory Of The Second Amendment, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Paul Touvier And The Crime Against Humanity, Michael E. Tigar, Susan C. Casey, Isabelle Giordani, Sivakumaren Mardemootoo

Faculty Scholarship

No abstract provided.

Antimicrobial Constituent Of The Brown Alga Sporochnus Pedunculatus., L. S. Gunasekera, Amy E. Wright, Sarath P. Gunasekera, Peter J. Mccarthy, John K. Reed

Faculty Scholarship

Bioassay-guided fractionation of the ethanol extract of the brown alga Sporochnus pedunculatus led _to the isolation of 2-(3 '-methylbut-2'-enyl)-4-(1 ", I "-dimethylprop-2" -enyl) phenol (1) as the only antimicrobial compound. This compound is a growth inhibitor of Candida albicans, Cryptococcus neoformans, and Bacillus subtilis. In this paper we report the isolation, identification, and biological activity of 1.

Assessing Minimum Contacts: A Reply To Professors Cameron And Johnson, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Memorandum For Bernard N. Nussbaum, Counsel To The President Re: Presidential Signing Statements, Walter E. Dellinger Iii

Faculty Scholarship

No abstract provided.

Vietnam’S 1994 Ordinance On Copyright Protection: A Survey And Preliminary Analysis, David L. Lange

Faculty Scholarship

No abstract provided.

Lochner Redux: The Renaissance Of Laissez-Faire Contract In The Federal Common Law Of Employee Benefits, Catherine Fisk

Faculty Scholarship

No abstract provided.

Empirical Evidence On Settlement Devices: Does Rule 68 Encourage Settlement?, Thomas D. Rowe Jr., David A. Anderson

Faculty Scholarship

No abstract provided.

The Global Alchemy Of Asset Securitization, Steven L. Schwarcz

Faculty Scholarship

No abstract provided.

The Reasons For A Consumption Tax And The Tax Treatment Of Gifts And Bequests, Lawrence A. Zelenak

Faculty Scholarship

No abstract provided.

The Reification Of Metaphor: Income Taxes, Consumption Taxes And Human Capital., Lawrence A. Zelenak

Faculty Scholarship

No abstract provided.

Memorandum: For Bernard N. Nussbaum, Counsel To The President, Walter E. Dellinger Iii

Faculty Scholarship

Analysis of the legal significance of Presidential signing statements. Usefulness of such statements is examined for explaining to the public what the President believes to be the likely effects of the laws adoption; directing subordinate officers within the Executive Branch how to interpret or administer the enactment; and informing Congress and the public of the constitutionality of the enactment on its face or in certain applications.

Antitrust Issues In The Joint Purchasing Of Health Care, Clark C. Havighurst

Faculty Scholarship

No abstract provided.

The Know-How Gap In The Trips Agreement: Why Software Fared Badly, And What Are The Solutions, Jerome H. Reichman

Faculty Scholarship

No abstract provided.

Universal Minimum Standards Of Intellectual Property Protection Under The Trips Component Of The Wto Agreement, Jerome H. Reichman

Faculty Scholarship

No abstract provided.

Is It The Siren’S Call?: Judges And Free Speech While Cases Are Pending, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Eliminating Discrimination In Administering The Death Penalty: The Need For The Racial Justice Act, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Dunwody Distinguished Lecture In Law: The Values Of Federalism, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

A Square Peg In A Vicious Circle: Stephen Breyer's Optimistic Prescription For The Regulatory Mess, Eric J. Gouvin

Faculty Scholarship

This Article reviews the book by Supreme Court Justice, Steven G. Breyer, "Breaking The Vicious Circle: Toward Effective Risk Regulation. " The Author discusses this book's most significant contribution that draws attention to the current regulatory regime's systemic problems, thereby encouraging serious discussion about how to "reinvent" the regulatory process. Breyer courageously points out that the political legitimacy of the process rests to some degree on the effectiveness of its product. This Review outlines the systemic problems and the "vicious circle" identified by Justice Breyer and then proceeds to review his proposed solution. The final part presents several criticisms of …

Instilling An Appreciation Of Legal Ethics And Professional Responsibility In First-Year Legal Research And Writing Courses, Beth Cohen

Faculty Scholarship

The Author suggests that the First-year legal research and writing classes provide the logical forum to remind students of the importance of honesty and integrity both to their work and to the profession and to society as a whole. The Author believes that teachers would do well to take advantage of this unique opportunity to provide such lessons early and often and more importantly, as part of the regular legal research and writing curriculum.

Of Communism, Treason, And Addiction: An Evaluation Of Novel Challenges To The Military's Anti-Gay Policy, Taylor Flynn

Faculty Scholarship

A recent wave of decisions have held unconstitutional the exclusion of lesbians, bisexuals,and gay men in the military when the only evidence of same-sex "conduct" is the servicemember's self-identification as gay. These courts, as well as some pro-equality commentators, have drawn upon three criminal law models by characterizing same-sex orientation as akin to a status and a form of political expression.

The first model relies upon Robinson v. California and Powell v. Texas, in which the Supreme Court announced the constitutional impermissibility of criminalizing the status of addiction to narcotics and alcohol. In the context of military litigation, this model …

Liability-Based Fee-Shifting Rules And Settlement Mechanisms Under Incomplete Information, Eric Talley

Faculty Scholarship

Recent years have seen a debate over litigation reform grow increasingly agitated. Attorneys, judges, academics, and politicians now readily and regularly disagree about how or whether to combat the debilitating litigiousness commonly purported to infect the American Bar. Within this debate, few reform proposals have received as much attention as "fee-shifting" provisions, which, in their most popular incarnation, reallocate litigation costs (particularly attorney's fees) based on the outcome of the liability phase of a trial. This attention is perhaps justified, given the nonuniformity of such rules among industrialized nations. For instance, in the British Commonwealth and much of Continental Europe, …

Public Institutions Of Culture And The First Amendment: The New Frontier, Lee C. Bollinger

Faculty Scholarship

The general subject of my lecture today is the relationship between the First Amendment and public institutions of culture, which I take to be those sponsored and supported by the state with the clear purpose of preserving and promoting high culture in the United States. These include universities, museums, theaters, libraries, public broadcasting networks, programs for art in public places, and the national endowments for the arts and the humanities. All of these institutions or programs are vested with the responsibility of insuring the preservation of high human achievement in the areas to which they are devoted (knowledge, art, music, …

Global Use/Territorial Rights: Private International Law Questions Of The Global Information Infrastructure, Jane C. Ginsburg

Faculty Scholarship

In the private international law of intellectual property, and particularly of literary and artistic property, the basic principle is territoriality. Each country provides for its own regime of protection of works of authorship. The Berne Convention for the Protection and Literary and Artistic Works and the Universal Copyright Convention oblige their members to respect the rule of national treatment, that is, of non discrimination between domestic and foreign works from member countries. This rule reinforces the principle of territoriality, for it confirms the role of local copyright laws, by requiring that local law apply equally to the protection of local …