Law Commons^™

Europe And The Globalization Of Antitrust Law, David J. Gerber

All Faculty Scholarship

No abstract provided.

Still Adjusting To Markman: A Prescription For The Timing Of Claim Construction Hearings, William Lee, Anita Krug

All Faculty Scholarship

In Markman v. Westview Instruments, Inc., the Supreme Court held that the interpretation of patent claims is a question of law to be determined by the court rather than a question of fact to be decided by the jury. The Court based its holding on the belief that judges are better suited than juries to address claim interpretation issues and that claim interpretation by the court would result in greater uniformity in the treatment of patents. The Markman decision, however, has confronted the district courts with a host of thorny questions, such as what evidence they may consider in their …

The Continuing Decline In Medicaid Coverage, Leighton Ku, Brian K. Bruen

Health Policy and Management Faculty Publications

No abstract provided.

Resource Law Notes Newsletter, No. 45, Winter Issue, 1999, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.

Devolution And The Paradox Of Democratic Unresponsiveness, James A. Gardner

Journal Articles

No abstract provided.

The False Litigant Syndrome: "Nobody Would Say That Unless It Was The Truth", Alan Scheflin, Daniel Brown

Faculty Publications

In this article we intend to focus on the narrow but increasingly more signif icant issue of retractors in malpractice actions against therapists. It is generally believed that people do not make confessions unless they are actually guilty. It is also generally believed that retractors who recant their earlier statements must now be telling the truth. Courts have allowed expert testimony to be admitted on the issue of why people will falsely confess. In this paper we argue that expert testimony on why people falsely recant should also be admissible.

Gay Rights For Gay Whites: Race, Sexual Identity, And Equal Protection Discourse, Darren L. Hutchinson

Faculty Articles

My argument proceeds in four parts. Part I situates my discussion of the synergistic relationship among race, class, gender, and sexuality within a broader body of research on the "intersectionality'' of systems of oppression and of identity categories. Part I then examines how my scholarship attempts to advance this literature both substantively and conceptually. Part II expounds my claim that the comparative and essentialist treatment of race and sexuality within pro-gay and lesbian theory and politics marginalizes gay, lesbian, bisexual, and trans­gendered persons of color and constructs and reinforces the notion that the gay and lesbian community is uniformly white …

Applications Of Group Career Counseling Techniques In Asian Cultures, Mark Pope

Education Sciences and Professional Programs Faculty Works

In this article, applications of group career counseling techniques to Asian cultures are discussed. The article first identifies how group‐oriented cultures differ from individually oriented cultures, reasons that group career counseling is especially appropriate for group‐oriented cultures, and relevant issues in group career counseling with Asian populations. Interventions that illustrate the use of group career counseling with Asian clients are prescribed.

Rethinking Cost-Benefit Analysis, Matthew D. Adler, Eric A. Posner

Faculty Scholarship

This paper analyzes cost-benefit analysis from legal, economic, and philosophical perspectives. The traditional defense of cost-benefit analysis is that it maximizes a social welfare function that aggregates unweighted and unrestricted preferences. We follow many economists and philosophers who conclude that this defense is not persuasive. Cost-benefit analysis unavoidably depends on controversial distributive judgments; and the view that the government should maximize the satisfaction of unrestricted preferences is not plausible. However, we disagree with critics who argue that cost-benefit analysis produces morally irrelevant evaluations of projects and should be abandoned. On the contrary, cost-benefit analysis, suitably constrained, is consistent with a …

The Reinvigoration Of The Doctrine Of Implied Repeals: A Requiem For Indigenous Treaty Rights, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

America's indigenous nations occupy a distinctive political within the United States as separate sovereigns whose rights in the doctrine of inherent tribal sovereignty, affirmed in hundreds of ratified treaties and agreements, acknowledged in the Commerce the U.S. Constitution, and recognized in ample federal legislation case law. Ironically, while indigenous sovereignty is neither ally defined or delimited, it may be restricted or enhanced by One could argue, then, that indeterminacy or inconsistency of the tribal-federal political/legal relationship.

Racial And Ethnic Studies, Political Science And Mid-Wifery, Vine Deloria Jr., David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

One of the major fallacies of Western civilization, according to Alfred North Whitehead,' was the propensity of Western thinkers to assume that ideas generated within their intellectual landscape were indicative of reality itself. Although some phases of Western science, notably physics and philosophy, have transcended their parochial origins, aspects of the old medieval synthesis still remain in the Western worldview. The gradual fragmentation of the old categories of natural history and theology into the isolated sciences and disciplines of today has produced a myriad of separate bodies of knowledge complete with their professional priesthoods and has allowed considerable slippage in …

Publishers' Rights And Wrongs In The Cyberage, Thomas G. Field Jr.

Law Faculty Scholarship

The author argues in favor of a continued role for traditional publishing in the context of the rise of the Internet.

Introduction: Hong Kong After The Reversion: In Search Of A Post‐Colonial Order, Tuck Hong James Tang

Research Collection School of Social Sciences

The political handover of Hong Kong on 1 July 1997 turned out to be a non-eventwith little political drama. Emotions ran high when the Union Jack was loweredand was replaced by the Chinese national flag (wuxing hongqi), peacefully endingover one and a half centuries of British colonial rule in Hong Kong. The handovertook place smoothly, despite the heavy rain, without political and social turbulence.The Sino-British disagreement over the abolition of the Legislative Council marredthe occasion, but the swearing-in of a pro-Beijing Provisional Legislative Councilwas largely accepted as a fait accompli.

Abdication Or Delegation? Congress, The Bureaucracy, And The Delegation Dilemma, Mathew D. Mccubbins

Faculty Scholarship

No abstract provided.

What Law Librarians Collect, Penny Hazelton

Articles

No abstract provided.

Ralph Sharp Brown, Intellectual Property And The Public Interest--Introduction, Wendy J. Gordon

Faculty Scholarship

Ralph Sharp Brown crossed out the "Junior" that followed his name after his father died. In explanation of the hand-altered stationery, he said (if my recollection holds), "I'm the only one left now." Now, after Ralph's death, there may remain no Ralph Sharp Browns. But there are many law teachers who continue to wage the campaign that Ralph made his life work: to save an interdependent society from unnecessary and stagnating restraints on liberty. In the intellectual property area, Ralph sought to teach us that it can be both right and necessary to give individuals the liberty to "reap without …

Book Review, Matthew D. Adler

Faculty Scholarship

Reviewing, Incommensurability, Incomparability and Practical Reason (Ruth Chang ed., 1997)

Threats And Preemptive Practices, Claire Oakes Finkelstein

All Faculty Scholarship

No abstract provided.

Managed Health Care In Prisons As Cruel And Unusual Punishment, Ira Robbins

Articles in Law Reviews & Other Academic Journals

INTRODUCTION:Billy Roberts, a prisoner in an Alabama state prison, had a history of severe psychiatric disorders. He was often put on suicide watch, and received large doses of psychotropic drugs. A managed health care company, Correctional Medical Services (CMS), was responsible for the health care at the prison. After Roberts had a suicidal episode, CMS's statewide mental health care director reportedly put Roberts in an isolation cell rather than a psychiatric care unit. The mental health care director also ordered that Roberts' medication be discontinued pursuant to an alleged policy of CMS to get as many prisoners off psycho- tropic …

Institute Brief: Quality Employment Services: Will You Know It When You See It?, David Hoff

The Institute Brief Series, Institute for Community Inclusion

Guidelines and steps for people with disabilities to evaluate agencies in order to receive services that best meet their individual needs.

Institute Brief: Recreation In The Community, Maria Paiewonsky, Susan Tufts

The Institute Brief Series, Institute for Community Inclusion

Recommendations from community recreation providers on how to include youth with disabilities in recreation programs.

Research To Practice: The Successes And Struggles Of Closing A Facility-Based Employment Service, John Butterworth, Sheila Fesko

Research to Practice Series, Institute for Community Inclusion

A brief overview of findings from the Conversion to Integrated Employment monographs.

On The Obligation Of The State To Extend A Right Of Self-Defense To Its Citizens, Claire Oakes Finkelstein

All Faculty Scholarship

No abstract provided.

On Hate And Equality, Alon Harel, Gideon Parchomovsky

All Faculty Scholarship

Hate crime legislation has sparked substantial political controversy and scholarly discussion. Existing justifications for hate crime legislation proceed on the premise that the rationale supporting such legislation must be found either in the greater gravity of the wrongdoing involved or in the perpetrator's greater degree of culpability. This premise stems from a fundamental theory that dominates criminal law scholarship: the wrongfulness-culpability hypothesis. The wrongfulness-culpability hypothesis posits that the only two grounds that may justify disparate treatment of offenses are the greater wrongfulness of the act or the greater culpability of the perpetrator. Yet, all attempts to demonstrate that hate crimes …

Bearing False Witness: The Clinton Impeachment And The Future Of Academic Freedom, Neal Devins

Faculty Publications

No abstract provided.

Economic Theory, Trader Freedom And Consumer Welfare: State Oil Co. V. Khan And The Continuing Incoherence Of Antitrust Doctrine, Alan J. Meese

Faculty Publications

No abstract provided.

The Limits Of Social Norms, Jeffrey J. Rachlinski

Cornell Law Faculty Publications

Some Thoughts On The Evidentiary Aspects Of Technologically Produced Or Presented Evidence, Fredric I. Lederer

Faculty Publications

No abstract provided.

Defending Truth, Cynthia V. Ward, Peter A. Alces

Faculty Publications

No abstract provided.

When Y2k Causes "Economic Loss" To "Other Property", Peter A. Alces, Aaron S. Book

Faculty Publications

No abstract provided.