Digital Commons Network^™

International Commercial Transactions: 1996, Peter Winship

Faculty Journal Articles and Book Chapters

The year 1996 was a quiet one in the world of international commercial law. The principal accomplishment was the adoption of a Model Law on Electronic Commerce, but progress was also made on several international secured transactions projects. The following survey focuses on these and other projects that touch on subject matter within the scope of the Uniform Commercial Code.' As in the past,2 the survey examines completed projects, pending projects, and proposed projects before the U.N. Commission on International Trade Law (UNCITRAL), the International Institute for the Unification of Private Law (UNIDROIT), and the Organization of American States (OAS).3 …

What Law Is Like, George P. Fletcher

Faculty Scholarship

It is not easy to do philosophy in the tradition of Wittgenstein and Malcolm. The human mind gravitates toward authority – the Bible, great teachers, poets, gurus, even judges. Lawyers, in particular, are captives of authoritive constitutions, statutes, cases, and ruling doctrines. We cannot make a move without citing a source as a backup.

Perhaps this is the way it should be, for as lawyers or legal theorists, we speak in a particular legal culture and tradition. We cultivate that tradition, even as we dissent and subject it to criticism. The tradition is defined by the authorities that have shaped …

From The Bottom Up, Kent Greenawalt

Faculty Scholarship

This Article is about carrying out informal instructions given by people in authority. Although many scholars have written about how legal interpretation resembles interpretation in fields such as literature and religion, few have compared informal instructions and legal rules. My most basic assumption in this Article is that focus on informal situations can illumine the standards people use in performing instructions and the kinds of meaning they attribute to instructions. As my title implies, if we reflect on what amounts to faithful or desirable performance of informal directives and the more conceptual question of what these prescriptive standards "mean," we …

Microlanguages For Operating System Specialization, Calton Pu, Andrew P. Black, Crispin Cowan, Jonathan Walpole, Charles Consel

Computer Science Faculty Publications and Presentations

Specialization is a technique that has the potential to provide operating system clients with the performance and functionality that they need, while still retaining the advantages of a simple generic code base for the operating system maintainer. However, at present the specialization process is labor-intensive and requires the knowledge of an expert in the domain of application behavior. In order to realize the full advantages of specialization, we believe that the process must be automated. This means building tools for specialization, and also making the domain knowledge explicit in some form or other. A specialization toolkit has been developed jointly …

Reading Holmes Through The Lens Of Schauer: The Abrams Dissent, Vincent A. Blasi

Faculty Scholarship

Even the best scholars rarely persuade. Mostly, they illuminate. They make us more discerning readers and interlocutors.

Here I want to illustrate how Frederick Schauer's work on the law of free speech can help us to read what may be the single most influential judicial opinion ever written on that subject, Justice Holmes's famous dissent in Abrams v. United States. So far as I am aware, Schauer has not produced anything like a line-by-line parsing of the Holmes opinion. I claim nevertheless that a reader familiar with Schauer's ideas is far better prepared on that account to understand what Holmes …

Creating A Culturally Relevant Environment For The African American Learner In The Foreign Language Classroom, Aleidine Kramer Moeller, Mary Ashcraft

Department of Teaching, Learning, and Teacher Education: Faculty Publications

Several developments have transformed the way the foreign language classroom looks, the role the teacher and the learner assume, and the approaches and strategies we use to teach and learn second languages. These changes stem from fundamental gains in the knowledge base of how second languages are acquired and learned as well as experimental inquiry into a variety of educational innovations such as cooperative learning, multiple intelligences, and the integration of technology into the classroom. Qualitative, quantitative, and action research have provided the foreign language profession evidence upon which to make informed decisions to build a classroom environment designed to …