Digital Commons Network^™

A Guide To American Legal History Methodology With An Example Of Research In Progress, Jenni Parrish

Faculty Scholarship

No abstract provided.

Equal Protection And The Anti-Civil-Rights Initiatives: Protecting The Ability Of Lesbians And Gay Men To Bargain In The Pluralist Bazaar,, Matt Coles

Faculty Scholarship

No abstract provided.

Revolution And Judicial Review: Chief Justice Holt's Opinion In City Of London V. Wood, Philip A. Hamburger

Faculty Scholarship

In 1702, in an opinion touching upon parliamentary power, Chief Justice Sir John Holt discussed limitations on government in language that has long seemed more intriguing than clear. Undoubtedly, the Chief Justice was suggesting limitations on government – limitations that subsequently have become quite prominent, particularly in America. Yet even the best report of his opinion concerning these constraints has left historians in some doubt as to just what he was saying and why it was significant.

The case in which Chief Justice Holt was so obscure about matters of such importance, City of London v. Wood, revived the …

Facing The Challenge: A Lawyer's Response To Anti-Gay Initiatives, Suzanne B. Goldberg

Faculty Scholarship

We are living in an extraordinary period of gay and lesbian history. As lesbian and gay civil rights gain increasing recognition throughout the country – through small but growing numbers of laws prohibiting sexual orientation discrimination, court rulings protecting lesbian and gay parents' custody of their children, and a historically unprecedented level of positive media coverage – our struggles also have escalated enormously. Not only must we litigate and negotiate for equal opportunity in employment, housing, and parenting rights as always, but also we face a nationally organized and terrifically well-funded assault on our fundamental rights as citizens.

This nationwide …

What Is Punishment Imposed For?, George P. Fletcher

Faculty Scholarship

The institution of punishment invites a number of philosophical queries. Sometimes the question is: How do we know that inflicting discomfort and disadvantage is indeed punishment? This is a critical question, for example, in cases of deportation or disbarment proceedings. Classifying the sanction as punishment triggers application of the Sixth Amendment and its procedural guarantees. In other situations the question might be: Why do we punish? What is the purpose of making people suffer? In this context, we encounter the familiar debates about the conflicting appeal of retribution, general deterrence, special deterrence, and rehabilitation.

In this article I wish to …

Check Your Crystal Ball At The Courthouse Door, Please: Exploring The Past, Understanding The Present, And Worrying About The Future Of Scientific Evidence, David L. Faigman, Elise Porter, Michael J. Saks

Faculty Scholarship

No abstract provided.

Report On The 1993-1994 Supreme Court Labor And Employment Law Term, Joseph R. Grodin

Faculty Scholarship

No abstract provided.

Exploding Myths: An Empirical And Economic Reassessment Of The Rise Of Employment At-Will, Andrew P. Morriss

Faculty Scholarship

Like many other types of contracts, employment contracts are frequently incomplete, with important terms missing or unclear. Courts have created a variety of rules to assist in filling these gaps. One of these rules, the employment at-will rule, specifies a default rule which governs in cases where the parties to an employment contract fail to explicitly state the contract's duration. The at-will rule is straightforward, providing that where the term of the contract is indefinite, both the employer and employee are free to terminate the contract without liability at any time. An employee with an at-will contract who is fired …

Abolition Of China's Unequal Treaties And The Search For Regional Stability In Asia, 1919-1943, Charlotte Ku

Faculty Scholarship

Article Extract:

On July 1, 1997, China will resume control over Hong Kong - territory ceded to Britain in 1842 following China's defeat in the Opium War. The settlement of the Hong Kong question and the scheduled 1999 reversion of Macao from Portugal to China will effectively remove the last traces of the restrictions and encroachments placed on China by treaty for 150 years following the 1842 Treaty of Nanking.

The "unequal" treaty system began with the trading and residential privileges provided by the Treaty of Nanking. Britain was the premier trading power in China in the nineteenth century, and …

Small Numbers, Big Problems, Black Men, And The Supreme Court: A Reform Program For Title Vii After Hicks, Jerome Mccristal Culp Jr.

Faculty Scholarship

No abstract provided.

Haymarket: Whose Name The Few Still Say With Tears, A Dramatization In Eleven Scenes, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Justice Sullivan: The Teacher, Marsha N. Cohen

Faculty Scholarship

No abstract provided.

Thoughts About Pursuing Diversity In Legal Education For Pedagogical Rather Than Political Or Compensatory Reasons, J. Clifton Fleming Jr.

Faculty Scholarship

No abstract provided.

Constructing The Substantive Constitution, James E. Fleming

Faculty Scholarship

I. Introduction A. The Flights from Substance in Constitutional Theory A specter is haunting constitutional theory-the specter of Lochner v. New York.' In the Lochner era, the Supreme Court gave heightened judicial protection to substantive economic liberties through the Due Process Clauses.2 In 1937, during the constitutional revolution wrought by the New Deal, West Coast Hotel v. Parrish3 officially repudiated the Lochner era, marking the first death of substantive due process.4 Nevertheless, the ghost of Lochner has perturbed constitutional theory ever since, manifesting itself in charges that judges are "Lochnering" by imposing their own substantive fundamental values in the guise …

Parading Ourselves: Freedom Of Speech At The Feast Of St. Patrick, Larry Yackle

Faculty Scholarship

Three things are true. First, American society is now absorbed in yet another great civil rights movement, this one on behalf of gay, lesbian, and ambisexual citizens, which will lead ineluctably to the elimination of legal burdens on the basis of sexual orientation.' Change will come slowly, with much backing and filling, and at an awful price measured in human pain. Intolerance for the homosexualities that exist among us, and the homosexual behavior in which many of us engage, will persist in quarters where the law cannot reach.2 Yet private homophobia, deprived of legal sanction, will ultimately be discredited and …

Malpractice Liability And Physician Autonomy, Frances H. Miller, Anthony Harrison

Faculty Scholarship

Opinion. Discusses legal modifications concerning liability for medical negligence evolving in similar ways in the United States and Great Britain. Parallel and divergent trans-Atlantic trends; Ailing and increasingly costly health care systems; Traditional relationships among doctors, hospitals and other health sector players.

Partner Notification And The Threat Of Domestic Violence Against Women With Hiv Infection, Karen H. Rothenberg, Richard L. North

Faculty Scholarship

No abstract provided.

Environmental Law In The Supreme Court: Highlights From The Marshall Papers, Robert V. Percival

Faculty Scholarship

Justice Marshall served on the Court from 1967 until 1991. During that period, Congress passed all of the major federal environmental statutes and environmental regulation mushroomed. As a result, the Marshall papers reveal how the Court reached decisions that have shaped modern environmental law. The author, a former law clerk to former Justice Byron White and an associate professor of law at the University of Maryland, begins by describing the history of the Court's treatment of environmental disputes. He then discusses the steps the Justices take in deciding whether to accept cases for review; in reaching decisions on the merits …

Real Property: 1993 Survey Of Florida Law, Ronald B. Brown

Faculty Scholarship

No abstract provided.

Evaluating Ethics Committees: A View From The Outside, Diane E. Hoffmann

Faculty Scholarship

No abstract provided.

Just The Facts, Ma'am: Lying And The Omission Of Exculpatory Evidence In Police Reports,, Stanley Z. Fisher

Faculty Scholarship

George Jones's ordeal was the product of, and in turn sheds light upon, police practices of investigating crimes and writing reports. Written police reports of criminal incidents and arrests give details such as the time, place, and nature of criminal conduct; the names and addresses of victims and witnesses; physical characteristics of the perpetrator(s) or arrestee(s); weapons used; property taken, recovered, or seized from the arrestee; and injuries to persons and property. Through their reports, the police "have fundamental control over the construction of [the] 'facts' for a case, and all other actors (the prosecutor, the judge, the defense lawyer) …

Texas Bucks The Trend - No Cause Of Action For Lost Chance Of Survival In The Medical Malpractice Context: Kramer V. Lewisville Memorial Hospital, Wayne Barnes

Faculty Scholarship

Jennie Kramer visited her gynecologist in August 1985 complaining of unusual discharges and intermittent bleeding. At that time, her doctor informed her that she tested negative for cancer. Her irregular bleeding continued, but on two subsequent visits to another doctor in November and December, Ms. Kramer was again informed that she did not have cancer. During February of 1986, after continued bleeding, Ms. Kramer detected a hard spot in her vagina. She returned to the second doctor a third time, at which time she was diagnosed with cancer. In spite of subsequent exploratory surgery and chemotherapy, Ms. Kramer died on …

A Dialogue In Search Of Meaning, Robert E. Suggs

Faculty Scholarship

No abstract provided.

Long-Range Interactions And The Pair-Correlation Function In Dipolar Main-Chain Nematic Polymers, Eugene M. Terentjev, Rolfe G. Petschek

Faculty Scholarship

A thermotropic nematic phase of dipole mesogenic polymers with long-range interactions is considered. Using a graphical representation of the corresponding path integrals for the grand canonical ensemble, we derive a Dyson-type equation for the pair-correlation function. We calculate this correlation function in the random-phase approximation, accounting for anisotropic steric repulsion, dispersion, and dipole-dipole interactions between monomers. As an implication of the model, we calculate the (anisotropic) dielectric susceptibiity of a dipolar nematic polymer, which shows a divergent behavior at some critical temperature.

Age-Based Incentives, Coercion, And The Prospective Waiver Of Adea Rights: The Failure Of The Older Workers' Benefit Protection Act, Michael C. Harper

Faculty Scholarship

The theses of this Article shall be developed in the following manner. Part I shall explain how conditional age-based exit incentive windows can be used by employers to achieve indirectly what the ADEA clearly prohibits when accomplished directly: the removal from employment of a group of employees chosen, at least in part, on the basis of their age. This Part further explains how this removal is accomplished by effectively inducing employees to waive prospectively their future ADEA protection. Part II analyzes the treatment of age-based conditional exit incentives by the courts before the passage of the OWBPA, stressing that the …

Star Formation Thresholds In Low Surface Brightness Galaxies, Stacy S. Mcgaugh

Faculty Scholarship

Low Surface Brightness (LSB) galaxies appear to have low star formation rates despite their often quite normal H I contents as judged from global H I properties such as MH I/L and MH I/MT ratios. H I imaging with the Very Large Array of the National Radio Astronomy Observatory (the NRAO is operated by Associated Universities Inc. under contract with the National Science Foundation) of eight LSB galaxies shows that the H I is extended compared with the optical size and has average surface densities which are about a factor 2 lower than in High Surface Brightness (HSB) galaxies of …

The Small Scale Environment Of Low Surface Brightness Disk Galaxies, Stacy S. Mcgaugh

Faculty Scholarship

We use a sample of ≈340 low surface brightness (LSB) disk galaxies with measured redshifts in combination with the Center for Astrophysics redshift survey to test the hypothesis that LSB galaxies have a deficit of nearby companion galaxies compared to high surface brightness (HSB) disk galaxies. We find a very strong statistical deficit of galaxies located within a projected radius of 0.5 Mpc and within a velocity of 500 km s-1 around LSB disk galaxies compared to HSB ones. Further, comparing LSB and HSB disk galaxies which are located in the same portion of the sky indicates that the average …

A Model Of Products Liability Reform, Anita Bernstein

Faculty Scholarship

No abstract provided.

Striking The Balance: The Evolving Nature Of Suretyship Defense, Neil B. Cohen

Faculty Scholarship

No abstract provided.

The Social Origins Of Property, Joseph William Singer, Jack M. Beermann

Faculty Scholarship

The takings clause of the United States Constitution requires government to pay compensation when private property is taken for public use.' When government regulates, but does not physically seize, property, the Supreme Court of the United States has had trouble defining when individuals have been deprived of property rights so as to give them a right to compensation. The takings clause serves "to bar Government from forcing some people alone to bear public burdens that, in all fairness and justice, should be borne by the public as a whole."' To determine when a regulation amounts to a "taking" of property …