Digital Commons Network^™

The Tax Court Revisits The Golsen Rule: Lardas V. Commissioner, Donald B. Tobin

Faculty Scholarship

No abstract provided.

Breaking The Silence: Tort Liability For Failing To Protect Children From Abuse, Mary Kate Kearney

Faculty Scholarship

No abstract provided.

Twenty-Five Years After Goldberg V. Kelly: Traveling From The Right Spot On The Wrong Road To The Wrong Place, Randy Lee

Faculty Scholarship

No abstract provided.

Punitive Damages Awards In Product Liability Litigation: Strong Medicine Or Poison Pill - Introduction, Aaron Twerski

Faculty Scholarship

No abstract provided.

A Potential Pitfall For The Unsuspecting Purchaser Of Repossessed Collateral: The Overlooked Interaction Between Sections 9-504(4) And 2-312(2) Of The Uniform Commercial Code, Robyn L Meadows

Faculty Scholarship

No abstract provided.

Silencing The Loose Cannon: The Need For The Bankruptcy Code To Recognize Letters Of Credit, Juliet M Moringiello

Faculty Scholarship

No abstract provided.

The Need For A Revision Of Ozone Standards: Why Has The Epa Failed To Respond?, Anna P. Hemingway

Faculty Scholarship

No abstract provided.

Double Jeopardy All Over Again: Dual Sovereignty, Rodney King, And The Aclu, Susan Herman

Faculty Scholarship

No abstract provided.

The Case Of The 1989 Bordeaux, Garrett Power

Faculty Scholarship

No abstract provided.

Recognizing And Enforcing State And Tribal Judgments: A Round Table Discussion Of Law, Policy And Practice, Christine Zuni Cruz, Mario E. Occhialino Jr., Philip Sam Deloria, Richard E. Ranson Honorable, Robert N. Clinton, Robert Laurence, Nell Jessup Newton

Faculty Scholarship

Let me begin with a word of introduction. For a long time, we at the American Indian Law Center have been interested in and concerned about the growth and strengthening of tribal governmental institutions. Tribal sovereignty is often talked about in the abstract, but people are somewhat reluctant to deal with the practical issues that are involved when sovereignty is actually exercised: the give and take that governments do all the time in their relationships with each other. We tried to take the leadership a number of years ago in looking at some of the practical issues involved in the …

American Indian Law And History: Instructional Mirrors, Gloria Valencia-Weber

Faculty Scholarship

This article is an expanison of a presentation delivered on January 8, 1993 at the Association of American Law Schools annual meeting. The author presents her interdisciplinary approach to teaching a course on Native American Rights.

Defining Legal Writing: An Empirical Analysis Of The Legal Memorandum, Frederick M. Hart, Hunter M. Breland

Faculty Scholarship

This report examines legal writing as it is represented in legal memoranda prepared by first-semester law students in twelve different law schools. It is based on the cumulative judgments of the instructors and professors of law in those institutions, humanities specialists at Educational Testing Service, and two legal consultants. A taxonomy of the elements of the legal memorandum was developed from annotations and written and tape-recorded commentaries on 237 legal memoranda written by the law students. Ratings of the overall quality and of the importance of specific elements of the legal memoranda were conducted on multiple occasions by different judges. …

Against Marriage, Steven K. Homer

Faculty Scholarship

What is marriage? In the debate surrounding same-sex marriage, the central term has gone undefined. Using the Hawaii Supreme Court's decision in Baehr v. Lewin as a starting point, this Note argues that marriage lacks legal as well as experiential coherence. A series of legal and social moves intended, on the one hand, to preserve the dominance of heterosexuality over gays and lesbians and, on the other, to allow, heterosexuals to escape the dominance of heterosexuality over themselves, has left little conceptual space for marriage. That is, to speak of "extending marriage" to same-sex couples creates the illusion that marriage …

Same-Sex Marriage And Choice Of Law: If We Marry In Hawaii, Are We Still Married When We Get Home?, Barbara Cox

Faculty Scholarship

This Article explores the choice-of-law question of whether a same-sex couple, married in Hawaii after successful completion of the Baehr v. Lewin case, will have their marriage recognized by the state of their domicile upon their return from Hawaii. This Article first applauds the Baehr court's decision that prohibiting same-sex marriage is unconstitutional sex discrimination but then critiques its decision that the fundamental right to marry does not extend to same-sex couples.

The second Part considers the choice-of-law questions that will arise in cases litigating the validity of a couple's same-sex marriage upon their return to their domicile. It considers …

Categorical And Individualized Rights-Ordering On Federal Habeas Corpus, Daniel B. Yeager

Faculty Scholarship

This Article criticizes the Supreme Court's treatment of both individualized and categorical bases of relief on federal habeas corpus. Part I notes the Court's trend toward trimming the process that is due in criminal and prisoner litigation generally. This trend may explain the drop in process on habeas as well, but generally declining process cannot explain which rights, if any, should survive the decline. That would require our weighting, if not reconciling, accuracy and dignitary norms, which is the subject of Part II. In Part II, I examine Withrow v Williams, a case from the Court's 1992 Term, which, for …

"It's A Family Affair", Justin P. Brooks, Kimberly Bahna

Faculty Scholarship

No abstract provided.

What Is Right About Bankruptcy Law And Wrong About Its Critics, Samuel Bufford

Faculty Scholarship

My comments in this paper focus on the papers in thus Symposium by Professors Barry Adler, James Bowers, and Philippe Aghion, Oliver Hart, and John Moore. I argue that the central points of these papers are gravely mistaken because they completely misunderstand the character of the bankruptcy caseload and procedures, they ignore some important purposes of bankruptcy reorganization, and they misstate the success rate for reorganizations. I have chosen these papers for comment for two reasons: they recommend radical changes in bankruptcy law, and they are based on the thinnest knowledge of bankruptcy practice. Incidentally, they also all take an …

Analogs Of The Marine Immunosuppressant Microcolin A: Preparation And Biological Activity., F. E. Koehn, Ross E. Longley, Susan H. Sennett, John K. Reed

Faculty Scholarship

A series of analogs of the immunosuppressive lipopeptide microcolin A has been prepared and evaluated for in vitro activity in the human and murine two-way mixed lymphocyte reaction. The compounds tested were obtained by semisynthetic modification and chemical degradation of the natural product. The relative potencies of these analogs suggest that the hydroxyproline and 5-methyl-3-pyrrolin-2-one portion of the molecule are important for immunosuppressive activity and that other structural elements may play an ancillary role. Methanolysis of microcolin A also led to a novel immunosuppressive lactone analog.

The New Reno Bluesheet: A Little More Candor Regarding Prosecutorial Discretion, Sara Sun Beale

Faculty Scholarship

No abstract provided.

Legal Education For The People: Populism And Civic Virtue, Paul D. Carrington

Faculty Scholarship

No abstract provided.

The First Amendment: When The Government Must Make Content-Based Choices, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

There Is Still So Much To Learn From Legislation, Catherine Fisk

Faculty Scholarship

No abstract provided.

Legal Hybrids Between The Patent And Copyright Paradigms, Jerome H. Reichman

Faculty Scholarship

No abstract provided.

From The Editor: Big Things, Richard A. Danner

Faculty Scholarship

No abstract provided.

Forums For Punishing Offenses Against The Law Of Nations, Robinson O. Everett, Scott L. Silliman

Faculty Scholarship

Judge Everett and Mr. Silliman introduce the Statute of the International Tribunal, which has been established by the United Nations Security Council to prosecute violations of the law of war in the territory of the former Yugoslavia. The authors outline historical precedent for the International Tribunal and propse alternative military forums for punishing offenses against the law of nations. In particular, the authors discuss whether American courts-marital and military commissions are realistic alternatives to a specially constituted international tribunal when trying such offenses. After a brief comparison of these two American military tribunals, the artical concludes that both are viable …

Looking To The Future Of Mass Torts: A Comment On Schuck And Siliciano, Francis Mcgovern

Faculty Scholarship

No abstract provided.

The Principles Of ‘98: An Essay In Historical Retrieval, H. Jefferson Powell

Faculty Scholarship

No abstract provided.

Denying Due Process In The Florida Courts: A Commentary On The 1994 Medicaid Third-Party Liability Act Of Florida, William W. Van Alstyne

Faculty Scholarship

In 1994, the Florida Legislature adopted a unique statute to provide a state agency creditor standing against private parties to whom the agency has furnished no assistance and with whom it has no relation at all as creditor, but from whose assets it wants to reimburse itself for expenses it incurred on behalf of some third party.

Jag Goes To War: The Desert Shield Deployment, Scott L. Silliman

Faculty Scholarship

No abstract provided.

William Gardiner Hammond And The Lieber Revival, Paul D. Carrington

Faculty Scholarship

No abstract provided.