Law Commons^™

Citizenship And Scholarship (Review Essay), George Kannar

Book Reviews

Review of Robert H. Bork, The Tempting of America: The Political Seduction of the Law (1990); Ethan Bronner, Battle for Justice: How the Bork Nomination Shook America (1989); Michael Pertschuk & Wendy Schaetzel, The People Rising: The Campaign Against the Bork Nomination (1989); Patrick B. mcGuigan & Dawn M. Weyrich, Ninth Justice: The Battle for Bork (1990).

Administrative Failure And Local Democracy: The Politics Of Deshaney, Jack M. Beermann

Faculty Scholarship

This Essay is an effort to construct a normative basis for a constitutional theory to resist the Supreme Court's recent decision in DeShaney v. Winnebago County Department of Social Services.¹ In DeShaney, the Court decided that a local social service worker's failure to prevent child abuse did not violate the due process clause of the fourteenth amendment even though the social worker "had reason to believe" the abuse was occurring. ² Chief Justice Rehnquist's opinion for the Court held that government inaction cannot violate due process unless the state has custody of the victim, ³ thus settling a controversial …

Rent Appropriation And The Labor Law Doctrine Of Successorship, Keith N. Hylton

Faculty Scholarship

When there is a change of corporate control in a business enterprise a question arises as to whether the new employer should be bound by the predecessor's collective bargaining relationship with the union representing the predecessor's employees. This is known as the successorship problem in labor law.' Successorship doctrine is complex and controversial. Several commentators have attempted to reconcile Supreme Court decisions and to ascertain the assumptions underlying the Court's opinions in this area.2 This Article does not attempt to do this, although paradoxically, the arguments presented may lead to reconciliation of many of the Supreme Court's decisions relating to …

Law And The Media: An Overview And Introduction, Valerie P. Hans

Cornell Law Faculty Publications

Although occasional articles on law and the media have been published in Law and Human Behavior, this special issue is the first collection of articles on the topic to appear in the journal. By publishing some of the most recent work on issues in law and the media, we hope to draw the attention of psycholegal scholars to questions in this fertile research area that deserve theoretical and empirical study.

Law and the media have become inescapably intertwined. Because a relatively small proportion of the public has direct experience with the justice system, public knowledge and views of law …

A Rational Choice Theory Of Supreme Court Statutory Decisions With Applications To The State Farm And Grove City Cases, Rafael Gely, Pablo T. Spiller

Faculty Publications

In this article we follow the recent developments of the modern theory of administrative agencies, by developing a rational choice theory of the Supreme Court. Our framework combines two of the main characteristics of this literature: namely, the rational choice modeling strategy with the notion that institutions matter in the design of public policy. We differ basically by modeling the Supreme Court as a self-interested, ideologically motivated institution, making its decisions subject not to the traditional legal rules of precedent, but to the constraints arising from the political interests of other institutions of government-namely, Congress and the President.

Evaluating Judicial Capacity To Determine Public Welfare Values In Water Transfers, Charles T. Dumars

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

31 pages (includes illustrations).

Contains references.

The Role Of Market Transfers In The Accommodation Of New Uses: A Case Study Of The Truckee-Carson Basin, A. Dan Tarlock

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

31 pages (includes 1 map).

The Role Of The Federal Energy Regulatory Commission In Protecting Non-Consumptive Water Uses, Peter J. Kirsch, J. Barton Seitz

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

55 pages.

Sources Of Water Iv: Tribal Water Rights, John E. Echohawk

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

10 pages.

Contains references.

Sources Of Water Iii: Interstate Transfers, Clyde O. Martz

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

35 pages.

Contains references.

Shifting The Uses Of Water In The West: An Overview, Lawrence J. Macdonnell

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

31 pages.

Contains references.

Agenda: Moving The West's Water To New Uses: Winners And Losers, University Of Colorado Boulder. Natural Resources Law Center

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

Conference organizers and/or faculty included University of Colorado Law School professors Lawrence J. MacDonnell and Mark Squillace.

Moving the West's Water to New Uses: Winners and Losers will be the theme for this year's water conference, June 6-8 at the Law School in Boulder. The conference will consider the changing demands for water in the West and the need to reallocate a portion of the existing uses of water to new uses.

The first day will provide the background by looking at the most likely sources of water to meet these demands, including agriculture, federal water projects, interstate transfers, and …

Doctrinal Collapse In Products Liability: The Empty Shell Of Failure To Warn, James A. Henderson Jr., Aaron Twerski

Cornell Law Faculty Publications

Liability for a manufacturer's failure to warn of product-related risks is a well-established feature of modern products liability law. Yet many serious doctrinal and conceptual problems underlie these claims. Professors Henderson and Twerski explore these problems and argue that failure-to-warn jurisprudence is confused, perhaps irreparably, and that this confusion often results in the imposition of excessive liability on manufacturers. The authors begin by exposing basic errors resulting from courts' confusion over whether to apply a strict liability or a negligence standard of care in failure-to-warn cases. Having determined that negligence is the appropriate standard, they then examine more substantial and …

Achieving Equal Justice For Women And Men In The Courts. The Draft Report Of The Judicial Council Advisory Committee On Gender Bias In The Courts, Judicial Council Of California

California Agencies

The Judicial Council Advisory Committee on Gender Bias in the Courts was appointed by two Chief Justices and charged with the duty of examining the problem of gender bias in the California courts, gathering information, and making recommendations to the Judicial Council to correct any problems identified. The committee has found that serious problems do exist in decison making, court practices and procedures, the fair allocation of judicial resources, and in the courtroom environment. The committee proposes a series of recommendations in the areas of: Civil Litigation and Courtroom Demeanor, Family Law, Domestic Violence, Juvenile and Criminal Law, and Court …

Appellate Advocacy From The Viewpoint Of An Appellate Judge, Roger J. Miner '56

Federal Courts and Federal Practice

No abstract provided.

Appellate Advocacy From The Viewpoint Of An Appellate Judge, Roger J. Miner '56

Law Practice

No abstract provided.

Review Of The Supreme Court's 1989-90 Term And Preview Of The 1990-91 Term For The Transnational Practitioner, J. Clark Kelso

McGeorge School of Law Scholarly Articles

No abstract provided.

Dispute Processing And A Longitudinal Approach To Trial Courts, Lynn Mather

Journal Articles

This article suggests ways to integrate the insights and findings of two rather distinct fields: docket-based, longitudinal studies of trial courts and studies of dispute processing. In particular, I argue that longitudinal research on courts would benefit enormously from the incorporation of concepts and data on dispute processing. For example, instead of taking court cases as the starting point for study, longitudinal research should explore the multistage and transformative nature of disputing. Historical data should also be collected on the nature of the relationships between opposing litigants, on the roles played by participants other than the litigants (lawyers, supporters, audiences, …

The Marshall Court And The Writing Of Law And History (Review Of G. Edward White, The Marshall Court And Cultural Change, 1815-35, Vols. 3 And 4. The Oliver Wendell Holmes Devise History Of The Supreme Court Of The United States), Alfred S. Konefsky

Book Reviews

No abstract provided.

Book Review: The Limits Of Judicial Power: The Supreme Court In American Politics, David S. Bogen

Faculty Scholarship

No abstract provided.

Systemic Due Process: Procedural Concepts And The Problem Of Recusal, 38 U. Kan. L. Rev. 381 (1990), Paul B. Lewis

UIC Law Open Access Faculty Scholarship

No abstract provided.

0518: Mason County, W.Va. Superior Court, 1831-1851, Marshall University Special Collections

Guides to Manuscript Collections

This collection is composed of one volume of county court records for Mason County, Virginia (now West Virginia) titled, “Mascon County Superior Court, Memorandum Book, Law and Chancery Commencing June 16th, 1831”. The records document the plaintiffs and defendants appearing before the county court, any rulings or penalties, and annotations accompanying the case lists as required.

The Gender Gap On The Federal Bench, Carl W. Tobias

Law Faculty Publications

This Commentary evaluates President George H.W. Bush's lackluster record of appointing women to the federal courts. The Commentary initially examines the relevant data on female judicial appointments and assesses why the Bush Administration has placed few women on the bench. It next recommends that President Bush name substantially more women in 1991 and 1992 and explores why and how this endeavor should be instituted. The Commentary then analyzes what the Bush Administration is likely to do about the paucity of female appointees. Because it is not clear that President Bush will place very many women on the federal courts, the …

The Federal Judiciary Engendered, Carl W. Tobias

Law Faculty Publications

The dearth of women named to cabinet level positions in the George H.W. Bush Administration does not augur well for appointment of women to the federal bench. Equally discouraging was Mr. Bush's campaign response to the question whether there should be special efforts to select more women for the federal judiciary: "[I] remain committed to appointing to the bench the best qualified candidates we can find-regardless of ... gender--and the record shows that we have been successful in fulfilling this commitment. " The record compiled by the Administration in which he served as Vice-President for two terms was deplorable.

To …

“Our Federalism” In Pennzoil Co. V. Texaco, Inc. Or How The Younger Doctrine Keeps Getting Older Not Better, Thomas E. Baker

Faculty Publications

No abstract provided.

On Redrawing Circuit Boundaries — Why The Proposal To Divide The United States Court Of Appeals For The Ninth Circuit Is Not Such A Good Idea, Thomas E. Baker

Faculty Publications

The current U.S. Court of Appeals for the 9th Circuit covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Guam and the Northern Mariana Islands. Nearly 46 million people live within its boundaries. As a result, the 9th Circuit has the largest caseload and takes the most time of any federal circuit court to dispose of cases. Despite all of this, Professor Baker lays out his argument for why dividing the 9th Circuit is wrong-headed. He starts by giving a detailed history of U.S. circuit courts, including the recent experience of splitting the 5th Circuit. He then takes on …

Toward A Unified Theory Of The Jurisdiction Of The United States Courts Of Appeals, Thomas E. Baker

Faculty Publications

No abstract provided.

State Crime In The Federal Forum, Roger J. Miner '56

Criminal Law

No abstract provided.

Risk, Courts, And Agencies, Clayton P. Gillette, James E. Krier

Articles

Public risks are precisely the risks that have recently captured the attention of the legal community and the world at large, in no small part because they give rise to such novel problems for lawyers and such grave apprehensions among lay people. Public risks have moved the legal system to relax doctrines--regarding, for example, standards of causation and culpability, burdens of proof, sharing of liability--that were designed to deal with the private risks that once dominated the landscape. And public risks have moved lay people to intensify their demands for risk control measures. These developments suggest that public risks are …

The Unimportance Of Precedence In The Law Of Federal Courts, Michael L. Wells

Scholarly Works

Part I of this Article asserts that the Supreme Court pays little attention to precedent in federal courts law. My examples in support of this claim are taken from important areas of federal courts doctrine, where two major upheavals have taken place in the past thirty years. First, the Warren Court rewrote the law to expand access to federal court. then under Chief Justice Burger, the Court undid many of the changes wrought by its predecessor. The discussion in Part I of prominent departures from precedent is not offered as decisive proof that stare decisis is less important in federal …