Digital Commons Network^™

The Lessee's Right Of Free Use Of Produced Substances: New Wine In Old Bottles, John S. Lowe

Faculty Journal Articles and Book Chapters

The move in the United States to restructure the electric power industry will present the oil and gas industry with synergistic opportunities that have been widely discussed in the trade press. The commentary has focused, however, upon competition in the public utility industry and the effects of the wave of mergers that increased competition is likely to cause.

This paper will explore an incidental benefit presented to oil and gas producers by the increased flexibility of electric distribution companies - the possibility that oil or gas produced from a property can be traded, royalty free, for electricity or other services, …

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 …

Securities Disclosure In A Globalizing Market: Who Should Regulate Whom, Merritt B. Fox

Faculty Scholarship

One of the most dramatic examples of increasing interaction across national boundaries in recent years has been the burgeoning volume of transnational transactions in corporate equities. Most developed capitalist countries impose affirmative obligations on issuers of corporate equity to disclose certain information about themselves. While these obligations are imposed on issuers, they are triggered by transactions. The growth in transnational transactions is thus increasingly raising difficult issues concerning the reach of differing national regimes. Given the magnitude of legal resources devoted to compliance with such disclosure regulations, they promise to feature prominently in the larger discussion of the role of …

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 …

The Role Of Criminal Law In Policing Corporate Misconduct, Gerard E. Lynch

Faculty Scholarship

In the early 1990s, I spent a couple of years as Chief of the Criminal Division in the Office of the U.S. Attorney for the Southern District of New York. One of my principal responsibilities was to hear "appeals" from defense lawyers, usually, although not exclusively, in white collar crime cases. These lawyers felt that their clients should not be indicted, or that the plea offer they had received from the prosecutor in charge of the case was unduly severe. Sometimes their arguments were essentially factual contentions that the government had the wrong take on the evidence – that the …

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 …

Introduction, Susan P. Sturm

Faculty Scholarship

The theme of the first Symposium issue, Rethinking Law in the Twenty-First Century Workplace, addresses a fundamental challenge facing the field of labor and employment law. Existing regulatory regimes in this area are ill-equipped to address the demands of the increasingly dynamic, unstable, and technologically-driven workplace. This Symposium brought together a diverse and creative group of scholars, public policy thinkers, and activists to discuss new frameworks for participation, inclusion, evaluation, and legal regulation in the workplace. These participants represented a variety of disciplines, including law, psychology, organizational theory, sociology, and public policy. Each of the participants brought to the table …

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 …