Law Commons^™

Training In Law And Psychology: Models From The Villanova Conference, Donald N. Bersoff, Jane Goodman-Delahunty, J. Thomas Grisso, Valerie P. Hans, Norman G. Poythress Jr., Ronald G. Roesch

Cornell Law Faculty Publications

Although the domain of law and psychology is a burgeoning and popular field of study, there has never been a concerted effort to evaluate current training models or to develop newer, more effective ones. Forty-eight invited participants attended a national conference held at Villanova Law School to remedy this deficiency. Working groups addressed issues of education and training for the undergraduate level; for doctoral level programs in law and social science; for forensic clinical training; for joint-degree (JD/PhD-PsyD) programs; for those in practica, internships, and postdoctoral programs; and for continuing education. This article delineates levels and models of training in …

Assessing Punitive Damages..., Cass R. Sunstein, Daniel Kahneman, David Schkade

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.

Comfortably Penumbral, Glenn Reynolds, Brannon Denning

College of Law Faculty Scholarship

A followup to "Penumbral Reasoning on the Right", 140 U. Pa. L. Rev. 1333 (1992), this paper notes the increased use, and acceptance, of penumbral reasoning by federal courts in recent years. It suggests that this trend is a positive one, and likely to lead to more, rather than less, fidelity to constitutional text and structure.

Jury Reform: Of Myths And Moral Panics, Peter Duff, Mark Findlay

Research Collection Yong Pung How School Of Law

It is now commonplace to assert that the jury performs an important ideological or symbolic role in the criminal justice process. Indeed, it is often argued that this function is more significant than the impact the jury has in practice (see Mungham & Bankowski 1976; Duff & Findlay 1982; Findlay & Duff 1988: 1–7; Darbyshire 1991). Certainly it is true that, in virtually every jurisdiction where the jury exists, only a very small proportion of alleged offenders have their cases heard before a jury. There are two principal reasons for this. First, the vast majority of those charged with criminal …

The American Corporation In The Twenty-First Century: Future Forms Of Structure And Governance, Azizah Y. Al-Hibri

Law Faculty Publications

This article focuses on corporate governance issues as they relate to the new technological developments and the issue of leapfrogging. I examine various theories about the new technologies and the changes in corporate governance that they may necessitate. I then assess and critique these theories in light of historical and other data. I suggest that our very concept of the corporation will be transformed by the Information Age. I also offer my own view as to the optimal forms of corporate governance that can equip American corporations with sufficient tools to win the accelerating competition anticipated for the next century. …

In Search Of A Substantive Republic, James E. Fleming, Linda C. Mcclain

Faculty Scholarship

The publication of Michael J. Sandel's Democracy's Discontent: America in Search of a Public Philosophy is a long-awaited and important event in political and constitutional theory. In 1982, through his first book, Liberalism and the Limits of Justice,1 Sandel emerged as a leading communitarian or civic republican critic of liberalism. That book became prominent, not because its criticisms of liberalism were dispositive, but because it eloquently and elegantly captured discontent with liberalism and evoked yearnings for an alternative. Since then, Sandel has occupied a position on the American intellectual landscape as a placeholder for a *510 communitarian or civic …

Commerce Clause Restraints On State Tax Incentives, Walter Hellerstein

Scholarly Works

The states' provision of tax incentives designed to encourage economic development within their borders has long been a feature of the American legislative landscape. Today every state provides tax incentives as an inducement to local industrial location and expansion. Indeed, scarcely a day goes by without some state offering yet another tax incentive to spur economic development, often in an effort to attract a particular enterprise to the state.

The debate over the efficacy and wisdom of state tax and other business incentives is intense and important, as other articles in this Symposium plainly reveal. My purpose here, however, is …

Vol. 13, No. 15 (December 1, 1997)

Indiana Law Annotated

No abstract provided.

8th Biennial Midwest/Midsouth Bankruptcy Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Lawrence Ponoroff, Douglass G. Boshkoff, Tracey N. Wise, Christopher W. Frost, Keith M. Lundin, Ray Reynolds Graves, David G. Epstein, Joe Lee, Robert E. Mckenzie, Conrad K. Cyr

Continuing Legal Education Materials

Materials from the 8th Biennial Midwest/Midsouth Bankruptcy Institute held December 1997.

For Realization: Income Taxation, Sectoral Accretionism, And The Virtue Of Attainable Virtues, Edward A. Zelinsky

Articles

No abstract provided.

The Persistent Vegetative State: A View Across The Legal Divide, H. Richard Beresford

Cornell Law Faculty Publications

Praise for Fred Plum can take many forms: for pedagogical dynamism, for depth and breadth of contributions to neurology and neuroscience, for sure-handed guidance of a department that has infused neurology with today’s and tomorrow’s leaders, and for a truly uncanny ability to fan a drive to excel in those he has touched. Mindful of his admonition to be substantive in what one says and does, my praise will embody a few reflections on the enduring legal and social impact of the “point of view” he and Bryan Jennett authored for the journal Lancet in 1972.

The Concept Of Religion, Eduardo M. Peñalver

Cornell Law Faculty Publications

Comfortably Penumbral, Glenn Harlan Reynolds

Scholarly Works

A followup to "Penumbral Reasoning on the Right", 140 U. Pa. L. Rev. 1333 (1992), this paper notes the increased use, and acceptance, of penumbral reasoning by federal courts in recent years. It suggests that this trend is a positive one, and likely to lead to more, rather than less, fidelity to constitutional text and structure.

Of Flutes, Oboes And The As If World Of Evidence Law, Richard O. Lempert

Articles

Reading Allen's article, I am reminded of a cold war parable I heard during the 1960s. It concerned a flute and an oboe who joined an orchestra one year and immediately set to quarrelling. The flute was distressed because whenever it was playing at its lyrical best the oboe would enter. drowning it out. The oboe was affronted because its deepest, most sonorous passages were invariably ruined by the high-pitched flute butting in. When the orchestra split up for the summer and these quarrelsome instruments went their separate ways, the flute, as it angrily contemplated the oboe, found itself stretching …

The Weekly November 25, 1997, North Carolina Central School Of Law

NCCU Law School Weekly

No abstract provided.

Vol. 13, No. 14 (November 24, 1997)

Indiana Law Annotated

No abstract provided.

Southeast Asia Nuclear Weapon-Free Zone, Sompong Sucharitkul

Publications

Among the latest developments inducing system compliance is the conclusion of the Treaty on Southeast Asia Nuclear Weapon-Free Zone on December 15, 1995 during the Fifth ASEAN Summit in Bangkok. As the Author of a Note introducing this Treaty in a recent publication of the American Society of International law, I am particularly pleased to have been invited to present to the Workshop the impact and implications of the Bangkok Treaty.

1997 Distinguished Service Award And Alumni Reception Invitation (Washington D.C. Alumni Reception Honoring W. William Weeks)

Distinguished Service Awards

No abstract provided.

Vol. 48, No. 5, November 19, 1997, University Of Michigan Law School

Res Gestae

•UPDATE: New Computers Actually En Route to Room 200 Computer Lab •Dean Lehman Speaks on Successful Fundraising Drive •Summer Job Survey of Last Year's 1Ls •Manning's Memories •Piranha Feeding Frenzy, et al. •Blank's Last Word •Legal Lad •Bringuel Goes Out with a Bang •Book, Movie and TV Reviews

Hate Crimes By Teens Disturbing, Maine Campus

Social Justice: Diversity, Equity, & Inclusion

If the stories of hate crimes told at last week's "Bridges of Respect" conference in Ellsworth are any indication, Maine has a long way to go in educating its youths about tolerance and respect for civil rights.

Vol. 13, No. 13 (November 17, 1997)

Indiana Law Annotated

No abstract provided.

Confederated Tribes Of The Warm Springs Reservation Water Rights Settlement Agreement, Confederated Tribes Of The Warm Springs Reservation Et Al

Native American Water Rights Settlement Project

Reservation, and long-term cooperative management of the waters. The Tribes shall not convert any existing non-consumptive use to a consumptive use. The Agreement designates the amounts of instream flows and diverted water for the Tribes. The Tribes have the first priority for their Tribal Reserved Water Right; however, existing State law water rights will not be curtailed in favor of the Tribal Reserved water right. The water right may be obtained from surface or groundwater. A part of the Tribal Reserved Water Right may be used off reservation, subject to federal, state and Tribal Law. While used on Reservation the …

The Forum (Volume 28, Number 3), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

Almost Everybody Disagrees Almost All The Time: The Genericity Of Weakly Merging Nowhere, Ronald I. Miller, Chris William Sanchirico

All Faculty Scholarship

Suppose we randomly pull two agents from a population and ask them to observe an unfolding, infinite sequence of zeros and ones. If each agent starts with a prior belief about the true sequence and updates this belief on revelation of successive observations, what is the chance that the two agents will come to agree on the likelihood that the next draw is a one? In this paper we show that there is no chance. More formally, we show that under a very unrestrictive definition of what it means to draw priors “randomly,” the probability that two priors have any …

Vol. 13, No. 12 (November 10, 1997)

Indiana Law Annotated

No abstract provided.

Vol. 13, No. 10 (November 3, 1997)

Indiana Law Annotated

No abstract provided.

Vol. 13, No. 11 (November 3, 1997)

Indiana Law Annotated

No abstract provided.

The Supreme Court, 1996 Term: Leading Cases, Dana Brakman Reiser

Faculty Scholarship

No abstract provided.

Right Writing Or Rite Riting?, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

After more than two decades of deliberation, a government-sponsored commission, composed of linguists from the major German-speaking countries, recently issued a new standard German grammar called Die neue deutsche Rechtschreibung.

Roman Law And The Armenian Draft Civil Code, Alan Watson

Popular Media

Professor Watson served along with other eminent scholars as a consultant to the drafters of the Armenian Code. This article is condensed from his book: Ancient Law and Modern Understanding: At the Edges.