Digital Commons Network^™

After Professional Virtue, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Life After Foley: The Future Of Wrongful Discharge Litigation, David Jung, Richard Harkness

Faculty Scholarship

No abstract provided.

Early Neutral Evaluation: The Second Phase, David I. Levine

Faculty Scholarship

No abstract provided.

Northern District Of California Adopts Early Neutral Evaluation To Expedite Dispute Resolution, David I. Levine

Faculty Scholarship

No abstract provided.

State Sovereignty And The Tenth And Eleventh Amendments, Calvin R. Massey

Faculty Scholarship

No abstract provided.

Swords Into Ploughshares: Why The United States Should Provide Refuge To Young Men Who Refuse To Bear Arms For Reasons Of Conscience, Karen Musalo

Faculty Scholarship

No abstract provided.

The United States, The United Nations, And Micronesia: Questions Of Procedure, Substance, And Faith, H.G. Prince

Faculty Scholarship

No abstract provided.

Mistakes Lawyers Make In Discovery, William W. Schwarzer

Faculty Scholarship

No abstract provided.

The Federal Rules, The Adversary Process, And Discovery Reform, William W. Schwarzer

Faculty Scholarship

No abstract provided.

The "Law Of Ideas" Reconsidered, Margreth Barrett

Faculty Scholarship

No abstract provided.

To Have And Have Not: Assessing The Value Of Social Science To The Law As Science And Policy, David L. Faigman

Faculty Scholarship

No abstract provided.

Abortion, Incommensurability, And Jurisprudence, Joan C. Williams

Faculty Scholarship

No abstract provided.

A Crazy System: Mental Health Care Delivery In America, Steven R. Smith

Faculty Scholarship

The thesis of the Article is that there has been, and is, a large unmet need for mental health services in America, and that the mental health care delivery system has been so poorly put together that it is incapable of meeting a major portion of the need for services.

"In Search Of Bigfoot": The Common Law Origins Of Article X, Section 2 Of The California Constitution, Brian E. Gray

Faculty Scholarship

No abstract provided.

Admitted But Not Accepted Outsiders Take An Inside Look At Law School, Lois Schwartz, Suzanne Homer

Faculty Scholarship

No abstract provided.

Wisconsin Sentence Modification: A View From The Trial Court, Kate Kruse, Kim E. Patterson

Faculty Scholarship

In Wisconsin, trial courts have discretion to modify a defendant's criminal sentence if the defendant introduces a "new factor." Published Wisconsin case law gives little guidance on what constitutes a new factor. The Wisconsin Supreme Court has declined to find a new factor present in every case it has published since defining "new factor" in 1978. Because of ambiguous and conflicting rulings, the standards for both prongs of the new factor definition remain unclear. This Comment attempts to shed light on the new factor requirement for sentence modification by examining Wisconsin trial court decisions on a limited sample of sentence …

Wanted: An Ethos Of Personal Responsibility—Why Codes Of Ethics And Schools Of Law Don't Make For Ethical Lawyers, Daniel S. Kleinberger

Faculty Scholarship

This article: (1) argues that neither codes of professional ethics nor traditional modes of law school teaching do much to produce ethical lawyers; (2) asserts that ethics codes and the presuppositions of the adversary system work to alienate lawyers from a sense of individual responsibility; (3) critiques the conceptual connection between the adversary system and codes of lawyer ethics; (4) critiques the conventional approach to teaching legal ethics in law schools; (5) invokes the approach to ethical analysis championed by the German sociologist and social theorist Max Weber; and (6) explains how that approach, coupled with traditional tools of legal …

Ethos And Conscience—A Rejoinder, Daniel S. Kleinberger

Faculty Scholarship

In “Wanted: An Ethos of Personal Responsibility,” Professor Kleinberger sought to prompt debate about the moral preconceptions of the legal profession. Professor Morawetz responded in his essay, “Layers and Conscience.” This article responds, commenting on Morawetz’s arguments that (1) excessive pessimism about lawyer morality is unfounded and counterproductive; (2) the public’s antipathy toward lawyers is inevitable given the role lawyers play in our society; (3) codes of ethics can and do have an uplifting influence on the morals of lawyers; and (4) law schools can and do train moral judgment.

Autopsy Of A Murder: Using Simulation To Teach First Year Criminal Law, Stacy Caplow

Faculty Scholarship

No abstract provided.

Bias Crimes: Unconscious Racism In The Prosecution Of Racially Motivated Violence, Tanya K. Hernandez

Faculty Scholarship

Within the past four years, a perceived surge of "bias crimes" has seized the nation's attention. Bias crimes, physical acts of violence used as an outlet for prejudiced hostilities, are usually street crimes spontaneously committed by casual clusters of "normal people on the street" with very little advanced planning. This Note focuses on the physical injuries to persons that result from bias crimes. Such physical injuries represent cog- nizable harms that can be redressed through criminal statutes.'

Doe V. Grievance Committee: On The Interpretation Of Ethical Rules, Bruce A. Green

Faculty Scholarship

No abstract provided.

Drug Legalization: The Importance Of Asking The Right Question Symposium On Drug Decriminalization, Mark A.R. Kleinman, Aaron J. Saiger

Faculty Scholarship

As a policy analysis, this article's central argument is that that the costs imposed by markets in licit psychoactives are significantly greater than those imposed by drug prohibition.

Child Sexual Abuse And Statements For The Purpose Of Medical Diagnosis Or Treatment, Robert P. Mosteller

Faculty Scholarship

Two distinct rationales ensure the trustworthiness of hearsay evidence admitted under Federal Rule Evidence 803(4), which excepts statements for the purpose of medical diagnosis or treatment. First, a patient has a selfish interest in providing truthful information in order to obtain treatment. Second, a statement is reliable if a medical expert uses it to form a basis for diagnosis or treatment. Professor Mosteller examines how courts have analyzed and applied rule 803(4) in child sexual abuse cases, and concludes that their confusion of the two rationales has resulted in decisions which are theoretically, as well as constitutionally, infirm. He then …

Who Cares?: The Evolution Of The Legal Duty To Provide Emergency Care, Karen H. Rothenberg

Faculty Scholarship

No abstract provided.

Environmental Quality: Three Ways To Decide How Much To Spend, Marcia R. Gelpe

Faculty Scholarship

Federal and state laws limiting environmental emissions reflect three approaches to deciding how much money to spend on improving environmental quality. The balancing approach estimates the benefits of limiting emissions and the costs of meeting various limits, then sets limits at levels where benefits justify costs. The cost ignoring approach sets emissions limits at levels necessary to prevent environmental harm, without considering the costs of meeting those limits. Technology-based standards limit emissions to levels attainable using the best pollution control technology, as long as no significant environmental effects are known to occur at those levels. In this article, the author …

There May Be Cracks In The Foundation: An Analysis Of Pennsylvania's Current Approach To Legislative Review Of Agency Rulemaking , Nicholas J. Johnson

Faculty Scholarship

As the legislative delegation of power to administrative agencies has grown over recent decades, so have calls for controls on agencies exercise of that power and particularly for controls on agency rulemaking. In response, various state legislatures have introduced a myriad of designs introducing legislative oversight and control over administrative regulations. Pennsylvania has joined these states by offering a means of legislative review of agency rulemaking in the form of the Regulatory Review Act of 1989 (Act 19). Pursuant to the Act, the Pennsylvania Legislature created an entity called the Independent Regulatory Review Commission and assigned to the Commission the …

Choosing One's Family: Can The Legal System Address The Breadth Of Women's Choices Of Intimate Relationships, Barbara Cox

Faculty Scholarship

In discussing the legal system's response to alternative families seeking an extension of traditional family benefits, this paper is divided into two main sections. The first section summarizes the Madison experience in trying to pass a comprehensive alternative family rights ordinance. It takes an in-depth look at the entire process from the grassroots pressures on the M.E.O.C. which resulted in formation of the task force to the Common Council's enactment of two minor sections of the proposed ordinance. It will analyze the political and legal process used in an effort to obtain significant reform in the definition of family within …

Reaganist Realism Comes To Detriot, Stephen F. Ross

Faculty Scholarship

Part I of this article discusses Detroit Newspapers and explains how in deferring to the Attorney General's interpretation of the Newspaper Preservation Act, Judge Silberman disregarded every applicable technique of statutory interpretation typically used to resolve the issue. Indeed, each of these techniques suggests that Attorney General Meese's interpretation of the Act was incorrect. This part of the article also demonstrates why deference to Meese was particularly inappropriate in light of the generally accepted justifications for judicial deference to administrative interpretations of statutes.

Part II explains that Detroit Newspapers is one of several opinions by conservative Reagan judicial appointees that …

There Is No Archbishop Of Science - A Comment On Elliot's Toward Incentive-Based Procedure: Three Approaches For Regulating Scientific Evidence, Robert L. Schwartz

Faculty Scholarship

As is usual when Professor Elliott writes about turning retrospective judge-oriented procedural rules into prospective attorney-oriented procedural incentives, his proposal for dealing with scientific testimony not accepted within the scientific community is both interesting and provocative. It also serves as an apology for those judges who are so in awe of science that they believe that only they or their peers in the scientific establishment-and not the common folk selected for jury service-are likely to understand the complex truths that science yields. Professor Elliott starts with the assumption that there is a need for some kind of judicial intervention to …

More Than 'Shreds And Patches': California's First Bill Of Rights', Christian G. Fritz

Faculty Scholarship

This article examines the formation of the Bill of Rights--or Declaration of Rights as it was entitled--in Californias 1849 constitution. It analyzes the sources drawn upon to fashion that Bill of Rights and how the drafters of California's first constitution understood the process and purpose of incorporating fundamental principles into a nineteenth century constitution. While those drafters borrowed from existing models and constitutional provisions, considerably more than simple copying was going on. With some notable exceptions, the delegates to that convention did not craft original subjects of protection. They did, however, display an acute awareness of the significance of the …