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Learned Hand And The Self-Government Theory Of The First Amendment: Masses Publishing Co. V. Patten, Vincent A. Blasi

Faculty Scholarship

Sitting as a federal district judge in the case of Masses Publishing Co. v. Patten, Learned Hand was called upon to interpret the Espionage Act of 1917 just six weeks after its passage. The Act was potentially the most speech-restrictive piece of federal legislation since the Alien and Sedition Acts of 1798. Judge Hand recognized this and ruled that the terms of the Act must be construed in light of the first amendment. He defined the limits of legally protected war criticism, and presumably of political advocacy generally, according to a test that makes the crucial consideration the content of …

Insults And Epithets: Are They Protected Speech?, Kent Greenawalt

Faculty Scholarship

It is a privilege to offer a lecture in this series named for Edward J. Bloustein. Not many lecture series honor sitting university presidents who deliver the first lecture in the series; but President Bloustein is the very rare president whose long tenure in office has been accompanied by continuing academic productivity. That achievement is remarkable.

When I tentatively chose this topic a year ago, I knew it involved the application of philosophical insights to serious practical questions, the kind of work that President Bloustein has done so well. I also knew that the search for those aspects of human …

The International Trading System, Jagdish N. Bhagwati

Faculty Scholarship

The 25th Anniversary of the founding of UNCTAD is an occasion to remember, not for its failures, which it shares inevitably with every international organization that is set up to address complex economic issues that concern developing countries with diverse constraints and objectives, but for its successes, which have been unduly neglected.

Here, I shall recount only three of the many intellectual accomplishments focusing on the early lead that UNCTAD has provided on questions that have attracted academic attention and invited policy redress in national and international fora.

Copyright In The 101st Congress: Commentary On The Visual Artists Rights Act And The Architectural Works Copyright Protection Act Of 1990, Jane C. Ginsburg

Faculty Scholarship

In the Visual Artists Rights Act, Congress has for the first time included moral rights within the U.S. copyright statute. Well-known in continental European copyright doctrine, and secured by the Berne Convention, moral rights afford protection for the author's personal, non-economic interests in receiving attribution for her work, and in preserving the work in the form in which it was created, even after its sale or licensing. These rights of attribution (sometimes infelicitously labeled the "right of paternity") and of integrity are conceptually distinct from the economic rights of exploitation set forth in section 106 of the 1976 Copyright Act. …

O'Er The Land Of The Free: Flag Burning As Speech, Kent Greenawalt

Faculty Scholarship

I am honored to lecture at this school, which has a number of friends, and a much larger circle of scholars whose work I admire. I am honored to lecture in the memory of Melville Nimmer, one of the country's leading thinkers on freedom of speech as well as its foremost expert on copyright. I met Professor Nimmer only once, at a lunch with Vince Blasi. My recollection of the lunch is distinct. Gently and in the most friendly way, but with irrefutable logic, they showed me that a position I had held for more than a decade about immigration …

How Law Can Be Determinate, Kent Greenawalt

Faculty Scholarship

This Article, part of a longer study, considers one problem about the objectivity of law. The problem is whether the law as it exists provides determinate answers to many legal questions for judges, other officials, and citizens. I emphasize the word many. This Article does not focus on "hard cases" and then ask whether single correct answers for them exist. It does not inquire whether in some complicated sense all legal questions have determinate answers. This is a treatment of easy legal questions. To most lawyers, it may seem self-evident that many legal questions do have determinate answers; and that …

Religious Convictions And Political Choice: Some Further Thoughts, Kent Greenawalt

Faculty Scholarship

Let me start by putting my topic in a concrete context. Suppose a statute is offered to relieve animals of the oppressively cramped conditions of modern factory farming. Advocates claim that calves, lambs, pigs, and chickens should have a better quality of life before being slaughtered for food. Opponents argue that factory farming helps provide tasty, inexpensive meat and that farmers should be free to decide how to treat animals that they own. At stake in the decision whether to restrict farmers is some balancing of animal interests against human interests. In our relatively wealthy society the human interests are …

The Perceived Authority Of Law In Judging Constitutional Cases, Kent Greenawalt

Faculty Scholarship

The purpose of this conference is a dialogue between scholars and judges about judging. Because judges have many opportunities to read what scholars think, and scholars don't very often have this kind of chance to hear judges reflect on their own experiences and perspectives, I expect the main benefit to go to us scholars. However, for many questions of jurisprudential interest, figuring out what relevance different judicial experiences might have is complicated, and extensive discussion may be necessary to learn what really matters.

I shall focus on a question that has lain at. the center of jurisprudential discussion in the …

In Pursuit Of Workplace Rights: Household Workers And A Conflict Of Laws, Suzanne B. Goldberg

Faculty Scholarship

At some point in their lives, most people who live in the United States labor for pay. By becoming "work force members," they are immediately entitled and obligated to participate in government programs, such as Social Security, that are designed to protect workers' health and financial security. In certain sectors of the work force, however, employer (and employee) noncompliance with these laws is rampant. The problem is particularly severe for private household workers migrant farmworkers, and undocumented workers generally. Officially acknowledged nonenforcement is widespread as well, leaving employers free to disregard explicit legal obligations with little fear of reprisal.

In …

Panel Iii: Congressional Control Of The Administration Of Government: Hearings, Investigators, Oversight, And Legislative History, Stephen Williams, Griffin Bell, L. Gordon Crovitz, Peter L. Strauss, Michael Davidson

Faculty Scholarship

My remarks will be the first on the panel to address the problems of legislative history. We have heard two quite illuminating discussions of congressional oversight activities, with which I largely agree philosophically. When one then reaches the questions of why is this happening, and whether anything can be done about it, the issues become more difficult. My remarks address some complications that may arise from the current distaste for legislative history that may make the oversight problem a little bit worse.

Federal Jurisdiction, Ronald J. Mann

Faculty Scholarship

One important task of the federal judiciary is to resolve cases presenting tensions between national and state governments. The United States Court of Appeals for the Fifth Circuit justly is renowned for its work in this area. One major, if not sensational, arena in which these tensions surface is in cases presenting issues of federal jurisdiction, pursuant to which federal courts allocate power between the national and state judicial systems.

During the survey period the Fifth Circuit published almost one hundred opinions dealing with substantive issues of federal jurisdiction. Like others before me, I have not undertaken in this essay …

Attorney-Client Fee Arbitration: A Dissenting View, Lester Brickman

Articles

No single issue between lawyer and client arises more frequently or generates more public resentment than fee problems. Ethical tenets urge lawyers to resolve fee 4isputes without resort to litigation. Where such procedures exist, attorneys are admonished to submit disputes to arbitration. In several jurisdictions, arbitration has gained endorsement from bar associations as the preferred method of fee dispute resolution.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Standards And Practices: The Judiciary's Role In Promoting Safety In The Air Traffic Control System, Kevin N. Courtois

Journal of Air Law and Commerce

No abstract provided.

1992 European Unification: Effects In The Air Transport Industry, The, Monica L. Luebker

Journal of Air Law and Commerce

No abstract provided.

International Trade Issues For The 1990s, Jagdish N. Bhagwati

Faculty Scholarship

The open, multilateral trading system, centered on the General Agreement on Tariffs and Trade, is currently at risk. The threat continues to come from familiar directions. But there are new problems too.

Yale Scientific Magazine: Volume 64, Number 2

Yale Scientific Magazine

No abstract provided.

Freshwater Transport On The Continental Shelf Of The Southeastern United States, Cheolsoo Kim

OES Theses and Dissertations

The circulation of water over the shelf of the southeastern United States was examined during the Fall Removal Experiment from late October to early November 1987. A steady state, two-dimensional analytical model of wind and density driven flow was used to study the relative importance of driving forces in shelf circulation, fate of freshwater and cross-shelf exchange processes. The inner and middle shelf mean circulation was found to be driven by four major components: (1) longshore wind, (2) longshore pressure gradient, (3) onshore wind and (4) cross-shelf density gradient including freshwater influx. Wind stress was the primary driving force for …

The Effects Of Variable Parameters On The Behavior Of Initial Wind Waves, Glen Harvey Wheless

OES Theses and Dissertations

The generation mechanism of short wind waves is generally thought to be a viscous instability at the air-sea interface. The short, regular waves arising from a sudden wind on a still water surface have a dispersion relation which is characteristic of gravity-capillary waves. The effects of variable surface tension, viscosity and shear flow parameters on the behavior of these waves were studied.

A numerical hydrodynamic stability analysis of a coupled laminar shear flow was accomplished by integrating a transformed version of the Orr-Sommerfeld equation, subject to the boundary conditions at a two-fluid interface. Unbounded growth problems usually encountered in a …

Bulk Sales Under Article 9: Some Easy Cases Made Difficult, David G. Carlson

Articles

No abstract provided.

A Generalization Of Linear Multistep Methods, Leon Arriola

Mathematics & Statistics Theses & Dissertations

A generalization of the methods that are currently available to solve systems of ordinary differential equations is made. This generalization is made by constructing linear multistep methods from an arbitrary set of monotone interpolating and approximating functions. Local truncation error estimates as well as stability analysis is given. Specifically, the class of linear multistep methods of the Adams and BDF type are discussed.

Performance Improvements For Fddi And Csma/Cd Protocols, David Earl Game

Computer Science Theses & Dissertations

The High-Performance Computing Initiative from the White House Office of Science and Technology Policy has defined 20 major challenges in science and engineering which are dependent on the solutions to a number of high-performance computing problems. One of the major areas of focus of this initiative is the development of gigabit rate networks to be used in environments such as the space station or a National Research and Educational Network (NREN).

The strategy here is to use existing network designs as building blocks for achieving higher rates, with the ultimate goal being a gigabit rate network. Two strategies which contribute …

An Extension Of Essentially Non-Oscillatory Shock-Capturing Schemes To Multi-Dimensional Systems Of Conservation Laws, Jay Casper

Mathematics & Statistics Theses & Dissertations

In recent years, a class of numerical schemes for solving hyperbolic partial differential equations has been developed which generalizes the first-order method of Godunov to arbitrary order of accuracy. High-order accuracy is obtained, wherever the solution is smooth, by an essentially non-oscillatory (ENO) piecewise polynomial reconstruction procedure, which yields high-order pointwise information from the cell averages of the solution at a given point in time. When applied to piecewise smooth initial data, this reconstruction enables a flux computation that provides a time update of the solution which is of high-order accuracy, wherever the function is smooth, and avoids a Gibbs …

Ocboa Survey Report, American Institute Of Certified Public Accountants. Private Companies Practice Section

Association Sections, Divisions, Boards, Teams

No abstract provided.

Firm-On-Firm Review Directory, January 1990, American Institute Of Certified Public Accountants. Division For Cpa Firms

Association Sections, Divisions, Boards, Teams

No abstract provided.

Justifying The Judge's Hunch: An Essay On Discretion, Charles M. Yablon

Articles

The article explores the interplay between jurisprudential and procedural perspectives on judicial discretion, arguing that these two discourses—often treated as distinct—offer valuable insights into each other. It examines how different models of discretion (skill, expediency, and creativity) operate within institutional frameworks, emphasizing the normative assumptions underlying their justifications. The analysis highlights the tension between rule-bound decision-making and the practical realities of judicial discretion, particularly in sentencing and appellate review.

Justice O'Connor's Opinion In Feist Publications, Inc. V. Rural Telephone Service Co.: An Uncommon Though Characteristic Approach, Marci A. Hamilton

Articles

No abstract provided.

Sunstein's New Canons: Choosing The Fictions Of Statutory Interpretation Exchange, Eben Moglen, Richard J. Pierce Jr.

Faculty Scholarship

In Interpreting Statutes in the Regulatory State, Cass Sunstein grapples with two of the most difficult and important questions concerning governance of the modern administrative state. First, what institution should have the dominant role in interpreting ambiguous agency-administered statutes? And second, how should the institution perform that task? Sunstein rejects the Supreme Court's answer to the first question, characterizing its assignment of a dominant interpretive role to agencies in Chevron U.S.A., Inc. v Natural Resources Defense Council as "the fox guarding the hen house." Sunstein prefers to charge judges with the responsibility of resolving most interpretive disputes. In answer to …

Oversecured Creditors Under Bankruptcy Code Section 506(B): The Limits Of Postpetition Interest, Attorneys' Fees, And Collection Expenses, David G. Carlson

Articles

No abstract provided.

Report On Corporate State Tax Administrative Uniformity, American Institute Of Certified Public Accountants. Tax Division

Association Sections, Divisions, Boards, Teams

No abstract provided.