Digital Commons Network^™

The Floodgates Of Strict Liability: Bursting Reservoirs And The Adoption Of Fletcher V. Rylands In The Guided Age, Jed Handelsman Shugerman

Faculty Scholarship

Part I presents an overview of Rylands v. Fletcher and then discusses the phases of the American response: the initial acceptance; the Northeastern rejections in the 1870s, which have been the basis for the erroneous scholarly conclusions; and the overlooked tide of acceptances across the country, beginning in the late 1880s and increasing in the 1890s. Part II places this wave of acceptance in its historical context of changing social forces, although these brief sketches are not the primary emphasis of this Note. First, during a period of rapid urbanization, a small number of courts sought to protect residential areas …

The Skills Of The Unskilled In The American Industrial Revolution, James Bessen

Faculty Scholarship

Were ordinary factory workers unskilled and was technology "de-skilling" during the Industrial Revolution? I measure foregone output to estimate the human capital investments in mule spinners and power loom tenders in ante-bellum Lowell. These investments rivaled those of craft apprentices, suggesting a different view of industrial technology. Accounting for skill, multi-factor productivity growth was negligible, contrary to previous findings. From 1834-55, firms made increasing investments in skill, allowing workers to tend more machines and generating rapid growth of per-capita output. This growing investment was motivated partly by changing factor prices and more by a changing labor supply. Calculations show that …

Wglt Program Guide, November-December, 2000, Illinois State University

WGLT Program Guides

This guide details programming for WGLT, a public radio station owned by Illinois State University.

University College Newsletter, November/December 2000, Illinois State University, Office Of The Provost

University College Newsletter

Newsletter of the Illinois State University, Office of the Provost

Congress And The 2000 Federal Civil Rules Amendments, Carl Tobias

Cardozo Law Review

No abstract provided.

Harmful Remedies: Optimal Reformation Of Anticompetitive Contracts, Michal S. Gal

Cardozo Law Review

Current law and economics literature identifies two main types of errors courts can make in applying antitrust law. Courts may erroneously label conduct as anticompetitive even though competition is not harmed. Alternatively, courts may fail to identify, and thus fail to attack, anticompetitive conduct. This Article focuses on a third possible error - where a court correctly identifies anticompetitive conduct, but its mode of interference, i.e., its prescribed remedy, harms competition. It analyzes this error in the context of anticompetitive contract reformation. Such error occurs, for example, where a court has chosen one reformation option that is less efficient and …

Why The Courts, Anthony Lewis

Cardozo Law Review

No abstract provided.

Must-Carry Rules In The Transition To Digital Television: A Delicate Constitutional Balance, Albert N. Lung

Cardozo Law Review

No abstract provided.

Redefining The Refugee: The Universal Declaration Of Human Rights As A Basis For Refugee Protection, Michael J. Parrish

Cardozo Law Review

No abstract provided.

The Four Discourses Of Law: A Lacanian Analysis Of Legal Practice And Scholarship, Jeanne L. Schroeder

Articles

The article explores the evolving roles of modern lawyers, highlighting the tension between traditional duties like confidentiality and newer disclosure obligations, particularly in securities law. It employs Lacan's discourse theory to analyze legal roles, categorizing them into master, university, analyst, and hysteric discourses. The article argues that understanding these discourses can inform ethical frameworks and professional responsibilities, advocating for a nuanced approach to legal representation.

The Protection Of Well-Known Marks In Taiwan: From Case Study To General Theory, Kung-Chung Liu

Research Collection Yong Pung How School Of Law

Although the use of trademarks in China can be traced back over one thousand years (Liu's needle shop with the "white rabbit" mark ca. A.D. 960-1126), a statutory regulation of trademarks was not undertaken until very late in the Qing dynasty, and this only happened due to foreign pressure.' In 1904, the British Herd helped draft the "Shang Piao Chu Ts'e Shih Pan Chang Ch'eng," which never took effect.2 In 1923, the government promulgated the Trade Mark Act and in 1927 the "Ch'iian Kuo Chu Ts'e Chii Chu Ts'e T'iao Li."3 In 1930, the "New Trade Mark Act," 4 which …

Informal Aggregation: Procedural And Ethical Implications Of Coordination Among Counsel In Related Lawsuits, Howard M. Erichson

Duke Law Journal

Even when related claims are not aggregated by any formal procedural mechanism, the lawyers involved in the separate lawsuits often coordinate their efforts. Such "informal aggregation" raises important questions about the boundaries of a dispute and the boundaries of the lawyer-client relationship. As an ethical matter, the central question is whether a lawyer owes ethical duties to a coordinating lawyer's client. Looking at confidentiality, loyalty, conflicts of interest, and malpractice, Professor Erichson suggests that ethical safeguards for clients of coordinating lawyers are neither strong enough nor explicit enough to provide adequate protection, and the problem inheres in the nature of …

The Power Of Congress Over The Rules Of Precedent, John Harrison

Duke Law Journal

No abstract provided.

The Reemergence Of Enlightenment Ideas In The 1994 French Bioethics Debates, Nan T. Ball

Duke Law Journal

No abstract provided.

Taking Pierce Seriously: The Family, Religious Education, And Harm To Children, Richard W. Garnett

Journal Articles

Many States exempt religious parents from prosecution, or limit their exposure to criminal liability, when their failure to seek medical care for their sick or injured children is motivated by religious belief. This paper explores the question what, if anything, the debate about these exemptions says about the state's authority to override parents' decisions about education, particularly religious education. If we accept, for example, that the state may in some cases require medical treatment for a child, over her parents' objections, to avoid serious injury or death, should it follow that it may regulate, or even forbid, a child's religious …

Review Of "Mothers Of The Nation: Women's Political Writing In England, 1780-1830" By Anne Mellor, Diane Hoeveler

English Faculty Research and Publications

No abstract provided.

Equitable Self-Ownership For Animals, David Favre

Duke Law Journal

This Article proposes a new use of existing property law concepts to change the juristic personhood status of animals. Presently, animals are classified as personal property, which gives them no status or standing in the legal system for the protection or promotion of their interests. Professor Favre suggest that it is possible and appropriate to divide living property into its legal and equitable components, and then to transfer the equitable title of an animal from the legal title holder to the animal herself. This would create a new, limited form of self-ownership in an animal, an equitably self-owned animal. Such …

Intangible Property Under The Federal Mail Fraud Statute And The Takings Clause: A Case Study, Michael J. Hostetler

Duke Law Journal

No abstract provided.

Journal Staff

Duke Law Journal

No abstract provided.

Masthead, Volume 22 (2000-2001)

Cardozo Law Review

No abstract provided.

Down On The Corner: An Analysis Of Gang-Related Antiloitering Laws, Jocelyn L. Santo

Cardozo Law Review

No abstract provided.

Come And Knock On Our Door: The Fair Debt Collection Practices Act's Intrusion Into New York's Summary Proceedings Law, Kara B. Schissler

Cardozo Law Review

No abstract provided.

Economic Impact Of The Proposed Cme North American Merchant Energy, Llc Gas-Powered Electric Power Plant On Berrien County, George A. Erickcek

Reports

No abstract provided.

Leading Economic Indicators: November 2000, Alan Gin

USD Burnham-Moores Index of Leading Economic Indicators

No abstract provided.

Um Wins Rotc Ranger Challenge, University Of Montana--Missoula. Office Of University Relations

University of Montana News Releases, 1928, 1956-present

No abstract provided.

Dance Showcase At Um Promises Variety, Laughs, University Of Montana--Missoula. Office Of University Relations

University of Montana News Releases, 1928, 1956-present

No abstract provided.

University Of Montana Events Thursday, Nov.2, Through Tuesday, Nov. 14, 2000, University Of Montana--Missoula. Office Of University Relations

University of Montana News Releases, 1928, 1956-present

No abstract provided.

Of Green Tulips And Legal Kudzu: Repackaging Rights In Subpatentable Innovation, J. H. Reichman

Vanderbilt Law Review

How to enable entrepreneurs to appropriate the fruits of their investments in cumulative and sequential innovation' without impeding follow-on innovation and without creating barriers to en- try has become one of the great unsolved puzzles that the law and economics of intellectual property rights needs to address as the new millennium gets underway. This Article draws briefly from my earlier works to identify some of the key historical difficulties en- countered in protecting small grain-sized innovations that do not rise to the level of "novel and nonobvious inventions" or "original and creative works of authorship." It then re-examines these difficulties …

Copyright And The Perfect Curve, Julie E. Cohen

Vanderbilt Law Review

Everyone agrees that the purpose of the copyright system is to promote progress.' At the same time, though, skepticism about the law's ability to define the substance of progress runs deep within copyright case law and theory. Legal decisionmakers and scholars have quite properly doubted their own ability to evaluate artistic or literary merit, and have worried that efforts to do so would result in an inappropriately elitist and conservative standard. In addition, there is room for substantial debate about whether the metaphor of forward motion leaves out other important measures of what "progress" is or might be. This agnosticism …

Taking The Protection-Access Tradeoff Seriously, Harvey S. Perlman

Vanderbilt Law Review

Law and economics scholarship has contributed much to our understanding of both the nature of intellectual property rights generally and the features of individual intellectual property regimes. Indeed it is hard to imagine a field other than antitrust law that is so explicitly governed by economic thinking. In authorizing the copyright and patent systems, Article I, Section 8 of the United States Constitution expressly incorporates a social welfare imperative as the basis for its grant of power.' Certainly economists and economically oriented legal academics have given the field the attention it is due.

I am far from being a sophisticated …