Law Commons^™

Double Jeopardy All Over Again: Dual Sovereignty, Rodney King, And The Aclu, Susan Herman

Faculty Scholarship

No abstract provided.

Virtual Reality, Appropriation, And Property Rights In Art: A Roundtable Discussion: April 12, 1994, Beryl Jones-Woodin

Faculty Scholarship

No abstract provided.

Commentary: Authority Of The Commissioner Over The Board Of Patent Appeals And Interferences, R. Carl Moy

Faculty Scholarship

On August 3, 1992, the United States Patent and Trademark Office published a notice in the Federal Register requesting public comments on the PTO's appeal procedures. Taken in context, then, the notice can be fairly said to raise the issue whether, under the existing statute, the Board is subservient to the Commissioner. It also raises the broader question of whether such a subservient arrangement is desirable or, alternatively, whether the statute should be modified if necessary to give the Board decisional independence from the Commissioner. This Commentary is directed primarily to this latter point. In summary, it concludes that the …

Hate Crimes, Homosexuals, And The Constitution, Anthony S. Winer

Faculty Scholarship

This Article begins with an analysis of certain features of the Equal Protection Clause of the Fourteenth Amendment and demonstrates that this clause establishes a fundamental right to the equal benefit of laws protecting personal security. Laws protecting personal security must be applied evenhandedly. Any discriminatory application of such laws is presumptively invalid under the Equal Protection Clause. This Article next shows that gay men and lesbians are among the most common victims of hate crime, that hate crimes against gays and lesbians are significant, persistent and widespread, and that gays and lesbians have a substantial stake in the manner …

Truth In Savings And The Failure Of Legislative Methodology, Eric J. Gouvin

Faculty Scholarship

The federal Truth in Savings Act (Truth in Savings) provides one example of failed legislative problem solving. On its face, Truth in Savings is a congressional attempt to solve constituents' problems. The statute, however, appears unlikely to resolve the issues presented to Congress and may even create new and unintended problems that will make matters worse. Truth in Savings, like many other legislative efforts, fails adequately to address constituents' problems because the methodology employed by legislative drafters suffers from a fundamental flaw - it has no built-in mechanism to define rigorously the problem being addressed. Without first identifying the problem, …

Must Carry And The Courts: Bleak House, The Sequel, Nick Allard

Faculty Scholarship

No abstract provided.

Discovery In The Real World, Minna J. Kotkin

Faculty Scholarship

No abstract provided.

Living With U.S. Regulations: Complying With The Rules And Avoiding Litigation, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Punitive Damages Awards In Product Liability Litigation: Strong Medicine Or Poison Pill - Introduction, Aaron Twerski

Faculty Scholarship

No abstract provided.

Progress Report On Securities Law Harmonization, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Recognizing And Enforcing State And Tribal Judgments: A Round Table Discussion Of Law, Policy And Practice, Christine Zuni Cruz, Mario E. Occhialino Jr., Philip Sam Deloria, Richard E. Ranson Honorable, Robert N. Clinton, Robert Laurence, Nell Jessup Newton

Faculty Scholarship

Let me begin with a word of introduction. For a long time, we at the American Indian Law Center have been interested in and concerned about the growth and strengthening of tribal governmental institutions. Tribal sovereignty is often talked about in the abstract, but people are somewhat reluctant to deal with the practical issues that are involved when sovereignty is actually exercised: the give and take that governments do all the time in their relationships with each other. We tried to take the leadership a number of years ago in looking at some of the practical issues involved in the …

Flooding The Courtrooms: Law And Water In The Far West By M. Catherine Miller., G. Emlen Hall

Faculty Scholarship

Flooding the Courtrooms: Law and Water in the Far West. By M. Catherine Miller. (Lincoln: University of Nebraska Press, 1993. 255 pp. Maps, notes, bibliography, index. $45.00.)

Representing The Lesbian In Law And Literature, Anne B. Goldstein

Faculty Scholarship

This Essay addresses the question "what is involved in representing a lesbian? in two contexts, law and literature. Its premise is that the work of novelists is enough like the work of lawyers that lawyers can learn how to represent lesbian clients better by studying books with lesbian characters. This is a preliminary, anecdotal, and impressionistic effort. The Author relies upon several systematic surveys of the field and her seven years' experience as a litigator and eight years' further reading and reflection about the problems and strategies of representing lesbians.

The Essay begins by exploring the general problem of representing …

The Americans With Disabilities Act And The Reproductive Rights Of Hiv-Infected Women, Taunya L. Banks

Faculty Scholarship

No abstract provided.

The Misguided Renaissance Of Social Choice, Maxwell L. Stearns

Faculty Scholarship

No abstract provided.

"Deadbeat Dads": Should Support And Inheritance Be Linked?, Paula A. Monopoli

Faculty Scholarship

No abstract provided.

Whatever Happened To The American Dream?, Susan P. Leviton

Faculty Scholarship

No abstract provided.

The Iron Law Of Full Faith And Credit, William L. Reynolds

Faculty Scholarship

No abstract provided.

Alimony And Efficiency: The Gendered Costs And Benefits Of Economic Justification For Alimony, Jana B. Singer

Faculty Scholarship

No abstract provided.

Education For A Public Calling In The 21st Century, Phoebe A. Haddon

Faculty Scholarship

No abstract provided.

Rethinking The Jury, Phoebe A. Haddon

Faculty Scholarship

No abstract provided.

The Draft Ali Product Liability Proposals: Progress Or Anachronism?, Oscar S. Gray

Faculty Scholarship

No abstract provided.

"The Woman In The Street:" Reclaiming The Public Space From Sexual Harassment, Deborah Thompson Eisenberg

Faculty Scholarship

No abstract provided.

The Good Mother: The Limits Of Reproductive Accountability And Genetic Choice, R. Alta Charo, Karen H. Rothenberg

Faculty Scholarship

No abstract provided.

Grandparents, Parents And Grandchildren: Actualizing Interdependency In Law, Karen Czapanskiy

Faculty Scholarship

No abstract provided.

Child Support, Visitation, Shared Custody And Split Custody, Karen Czapanskiy

Faculty Scholarship

No abstract provided.

Judicial Recantation, Mark A. Graber

Faculty Scholarship

No abstract provided.

Tax Subsidies: One-Time Vs. Periodic An Economic Analysis Of The Tax Policy Alternatives, Daniel S. Goldberg

Faculty Scholarship

No abstract provided.

The Straight-Line Method Of Determining Personal Jurisdiction, John M. Brumbaugh, William L. Reynolds

Faculty Scholarship

No abstract provided.

Democracy's Incursion Into The Eastern Shore: The 1870 Election In Chestertown, C. Christopher Brown

Faculty Scholarship

No abstract provided.