Law Commons^™

Using Section 337 Of The Tariff Act Of 1930 To Block Materially Different Gray Market Goods In The Common Control Context: Are Reports Of Its Death Greatly Exaggerated?, Margo A. Bagley

Faculty Articles

This Comment examines the primary reasons for trademark owners within the common control exception to revisit section 337 when faced with materially different gray market goods. Part One discusses the issues in and history of the gray market goods controversy, and the common control exception. Part Two focuses on section 337: how it works, its use in gray market goods cases, and how it has changed as a result of amendments in the Omnibus Trade and Competitiveness Act of 1988 and in the Uruguay Round Agreements Act of 1994. Part Three traces the changes in the gray market landscape favorable …

The Return Of Lost Property According To Jewish & Common Law: A Comparison, Michael J. Broyde, Michael Hecht

Faculty Articles

This article compares the legal rules and jurisprudence of the American common law and Jewish law in the area of finding and returning lost or abandoned property, illustrating the interplay between the purely legal and ethical components of the respective legal systems. Surprisingly enough, the differences between the two systems are not usually significant; they follow the same basic legal principles, and typically lead to the same results. There are, however, two major exceptions: Jewish law imposes a duty to rescue the lost property of one's neighbor, while the common law does not require that one initiate the process by …

Youth Justice In A Unified Court: Response To Critics Of Juvenile Court Abolition, Janet Ainsworth

Faculty Articles

In this article, Professor Ainsworth argues that a unified criminal justice system is preferable to our present two-tiered adult-juvenile court system. In fact, she contends that the cultural and ideological assumptions that underpin the current two-tiered justice system not only engender many of the serious shortcomings of the juvenile justice system, but also serve to exacerbate the very policies and practices of the adult criminal justice system that make it so abhorrent to defenders of the juvenile court. Critics of juvenile court abolitionists thus miss the point when they argue that juveniles would be worse off than they are at …

Dough, Re, Me: The Scale Of Justice (A Descant For Entering First-Year Law Students), Kelly Kunsch

Faculty Articles

In his own inimitable style, Mr. Kunsch reengineers the well-known "Do Re Mi "from The Sound of Music to help introduce new law students to the legal profession.

Human Rights In Theory And Practice: A Review Of On Human Rights, Ronald Slye

Faculty Articles

One of the most important issues facing the international human rights movement is the claim that human rights values are universal and not culturally specific, and thus can be used to understand, evaluate, and influence global actors. This claim has obvious political and philosophical dimensions. That the concept of international human rights is being taken seriously by both governmental and nongovernmental actors is a sign of the importance of human rights today. The number of countries ratifying the basic international human rights treaties has reached an all-time high. Nevertheless, current events are drawing into question the universality and efficacy of …

On Comparing Apples And Oranges: The Judicial Clerkship Selection Process And The Medical Matching Model, Annette E. Clark

Faculty Articles

In this article, Professor Clark joins the debate over whether the federal judiciary should utilize the medical matching model to reform the judicial clerk selection process. She analyzes the medical experience with the residency match in order to detail the ways in which proponents of a judicial clerk match have overstated the benefits, underestimated the costs, and overlooked the differing and potentially conflicting interests of judges and clerkship applicants in the selection process. Professor Clark concludes that reform of the judicial clerk selection process should be guided by a realistic appraisal of the costs and benefits of a matching system.

A Short History Of Hearsay Reform, With Particular Reference To Hoffman V. Palmer, Eddie Morgan And Jerry Frank, Michael S. Ariens

Faculty Articles

Much of the history of the American law of evidence, including its most contentious issue, hearsay, is the story of stasis and reform. The case of Hoffman v. Palmer represents one of few cases concerning hearsay known by name, and illustrates that “false” evidence has often been used to caution against efforts proclaiming “radical reform” of the law of evidence.

In this case involving a collision between a car and a train, the critical question was: Is the defendant railroad permitted to introduce into evidence the transcript of a question and answer session made two days after the accident between …

Jacques Of All Trades: Derrida, Lacan, And The Commercial Lawyer, Sidney Delong

Faculty Articles

Professor DeLong’s article provides humorous advice for legal professors on how to apply deconstructionist and post-Freudian theory to commercial law classes. Professor DeLong explains that the key to the successful integration of postmodern thought into your own scholarship is stunningly simple: all you have to do is not care whether you really get it right. He describes how you too will soon be turning out articles like "The Social Construction of Cowness in the Packers and Stockyards Act," or "Silencing the Lambs: Narratives of Loss and Evisceration in the Packers and Stockyards Act," or "Cattle Prods and Cutting Pens: A …

On The Need For Asian American Narratives In Law: Ethnic Specimens, Native Informants, Storytelling And Silences, Margaret Chon

Faculty Articles

The race-ing process that leads to the "ethnic specimen" as well as to the resulting problems of the "native informant" deserves theoretical attention, for they affect how legal categories are constructed with respect to Asian Americans. This article attempts to expand on each of these phenomena. In part II, the author describes in more detail the concept of the "ethnic specimen" and in part III, the "native informant." Part III will also explore the various forms of silence, as well as other aspects of reticence the author and others have in the project of articulating an Asian American authentic native …

And Then Suddenly Seattle University Was On Its Way To A Parallel, Integrative Curriculum, John B. Mitchell, B. Hollingsworth, P. Clark, R. Lidman

Faculty Articles

This is a story of change so sudden that it surprised even those who most fervently sought it. For nearly a decade, Seattle University School of Law has offered an extensive typical skills curriculum. All students are involved in an intensive two year writing program. The simulated Comprehensive Pretrial and Trial Advocacy Program trains over 150 students a year, while in the Law Practice Clinic, 60 students a year represent domestic and criminal clients. Course offerings that fill out the lawyering skills supports are offerings such as ADR, Negotiations, and Appellate Advocacy, along with judicial and public service externships and …

Freedom Of Religion & Religious Minorities In Pakistan: A Study Of Judicial Practice, Tayyab Mahmud

Faculty Articles

This article explores the practice of the superior judiciary of Pakistan as it relates to freedom of religion and rights of religious minorities. Pakistan's successive constitutions, which guarantee fundamental rights and provide for separation of powers and judicial review, contemplate judicial protection against unlawful executive and legislative actions. The record of Pakistan's judiciary about protection of the rights of religious minorities is uneven and has gone through three phases. The first phase is remarkable for unequivocal protection of freedom of religion and religious minorities. The second phase contracted this protection through undue deference to the legislature. In the last phase …

Juvenile Detention Law In The District Of Columbia: A Practitioner’S Guide, Paul Holland, John Copacino, Milton Lee

Faculty Articles

On each and every day of the year (excluding Sundays), children are presented for an initial hearing in the Family Division, Juvenile Branch of the Superior Court of the District of Columbia. Because of unusually broad and often misapplied preventive detention laws, children charged with property offenses such as theft, or status offenses such as truancy and ungovernability, are subject to detention for an indefinite period of time through summary procedures which do not adequately ensure the reliability of the detention decision. Because the detention of juveniles has become routine in superior court, its potential harm to the child is …

Sentencing Guidelines And Prosecutorial Discretion, David Boerner

Faculty Articles

This article explores the topic of sentencing guidelines. Specifically, the author weighs the intended role of such guidelines against their role in actuality, noting the discrepancy between the two. The article concludes that it is up to the values and skill of those who implement the sentencing guidelines for their proper manifestation in the legislative process.

Whatever Happened To The Right To Treatment: The Modern Quest For An Historical Promise, Paul Holland, Wallace Mlyniec

Faculty Articles

Since the creation of the first juvenile court in 1899, state training schools have been the primary place of confinement for children removed from their homes. In theory such places were supposed to be home-like and rehabilitative in their facilities and care. In reality they were usually impersonal, understaffed, unhealthy, and even dangerous institutions, devoid of rehabilitative programs. From the late 1960s to the early 1980s, advocates for children pursued legislative and other policy reforms. They argued that children in state institutions had both a statutory and constitutional €œright to treatment. In this context, the authors of this article reassess …

Erisa: Reformulating The Federal Common Law For Plan Interpretation, George Lee Flint Jr

Faculty Articles

In order to develop the federal common law of the Employee Retirement Income Security Act of 1974 (ERISA), courts must consider the history, foundations, and policies of ERISA. However, federal courts have yet to conduct this process. This failure is explained by either the fundamental nature of the American adversary system leading to the undermining of congressional intent, or the failure of the incompetent federal judiciary to follow legislative intent. Conclusively, the lack of developing federal common law has resulted in ERISA law that is hostile to participants and the policies that Congress intended ERISA to foster.

Although seldom following …

Multiple Unities In The Law, Emily A. Hartigan

Faculty Articles

In a world newly in touch with its diversity, ethics must struggle with the impact difference has on coherence. There is a crucial dilemma more profound than how to avoid violating the canons of ethics, or how to dodge disciplinary proceedings. For the lawyer in a world of plural ethics—the dilemma posed by the primary tension in ethics today between reason and spirit.

There are multiple unities of meaning in which a lawyer works, a sort of multijurisdictionalism. These multiple unities, these many worlds, are emblematic of a time in which people are recognizing that multiculturalism is not a trendy …

Legal Training Handbook For The Ukrainian Military, Jeffrey F. Addicott

Faculty Articles

In May of 1995, a democracy building project between The Judge Advocate General of Ukraine and United States Army lawyers was completed in Kiev. Over the course of this eight-month project, from September 1994 to May 1995, United States Army judge advocates from the International and Operational Law Division, Office of The Judge Advocate General, worked directly with Colonel Alexander Bokov, Chief, Legal Service of the Ministry of Defense of Ukraine, in developing a legal training handbook for Ukrainian soldiers.

The handbook, entitled “Code of Conduct for Participants in Military Operations,” now serves as the primary training guide for instructing …

Immigration Law: The Immigration Consequences Of Criminal Activity, Genevieve Hebert Fajardo, Lorelei Ritchie

Faculty Articles

Immigration laws in the United States may affect prisoners, possibly resulting in deportation. Some convicted prisoners who are aliens may be subject to deportation dependent upon the government’s ability to prove by clear, unequivocal, and convincing evidence that they fall into a deportable category. Providing prisoners with sufficient knowledge and answers to potential deportation questions stemming from criminal convictions may delay and thwart these proceedings.

By beginning with a categorization of the different types of immigrants in this country, a convicted prisoner will be better able to determine for themselves whether they are subject to deportation. If they are, this …