Law Commons^™

The Fee Shifting Remedy: Panacea Or Placebo? (Foreward), Harold J. Krent

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No abstract provided.

Beyond Gender: Peremptory Challenges And The Roles Of The Jury, Nancy S. Marder

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No abstract provided.

State Constitutional Torts: Deshaney, Reverse-Federalism And Community, Sheldon Nahmod

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No abstract provided.

A Teacher's Trouble: Risk, Responsibility And Rebellion, Margaret Martin Barry, Lisa Lerman, Homer La Rue, Odeana R. Neal

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What follows is an edited transcript of a session at the 1995 Annual Meeting of the Association of American Law Schools, held in New Orleans, Louisiana, January 7, 1995. The meeting was a joint plenary session of the AALS Section on Professional Responsibility and the Section on Clinical Legal Education. The meeting was planned and the role plays were written by Professors Margaret Martin Barry and Lisa Lerman of The Catholic University of America and Professor Homer La Rue of Howard University.

The purpose of the program was to foster interaction among teachers of professional responsibility and clinical teachers about …

Authors, Editors, And Uncommon Carriers: Identifying The "Speaker" Within The New Media, Michael I. Meyerson

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First Amendment analysis has historically depended on whether a party is a speaker, an editor, or a carrier. With communications technology rapidly evolving, determining which category is appropriate becomes increasingly complex, and ascertaining the First Amendment protections that are applied to various actors in the process of diffusing ideas becomes difficult. This article looks to the historical treatment of the First Amendment rights of speakers, editors, and distributors. This article traces the Supreme Court’s treatment of speech regulations on new technologies, from telegraph and telephone regulations to the seminal Turner Broadcast System, Inc. v. FCC case that created rules for …

Myths And Moms: Images Of Women And Termination Of Parental Rights, Odeana R. Neal

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For most of us, the word "mother" evokes a myriad of often conflicting images and emotions, expectations and disappointments, and gratitude and blame. What a mother is - our own mothers and the class of people who are mothers - means much more than that a woman has given birth. We expect mothers to provide their children with all the love, caring, nurturing, and emotional fulfillment that we perceive those children need and desire; we expect her to be all things that we want her to be when we need her to be them. A woman who can fulfill the …

Beyond Doctrinal Boundaries: A Legal Framework For Surrogate Motherhood, Lori B. Andrews

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No abstract provided.

Consorting With The Forests: Rethinking Our Relationships To Natural Resources And How We Should Value Their Loss, Katharine K. Baker

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No abstract provided.

Dirigisme And The Challenge Of Competition Law In France (With R. Azarnia), David J. Gerber

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No abstract provided.

Right, Justice, And Tort Law, Richard W. Wright

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No abstract provided.

The Standards Of Care In Negligence Law, Richard W. Wright

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No abstract provided.

Rejecting The Fruits Of Action: The Regeneration Of The Waste Land’S Legal System, Phillip J. Closius

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In his greatest work, The Waste Land, T. S. Eliot presents a picture of twentieth century Western civilization as a culture which has lost its essential values and has come undone from its historical moorings. Material wealth has become the focal point of society and its inhabitants. In such a value distorted context, human relationships are devoid of meaning. Honest communication and a meaningful life for the soul and intellect are lost in a dehumanizing daily grind. Religious, communal, and even familial values are subverted to a culturally encouraged drive for personal gain. In this respect, modern Western civilization in …

The Law Of Humanity And The Law Of Nations, Mortimer N.S. Sellers

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The nineteenth-century doctrines known as "international law" developed out of the seventeenth-century "jus gentium" and eighteenth-century "law of nations." Now we see that twentieth-century scholars such as Richard Falk would like to speak of the "law of humanity". What is the value of such semantic shifts? Proponents of "international law" sought to promote a positivist doctrine, which would minimize the natural law elements of the old law of nations to privilege the views of governments and states. Advocates of the "law of humanity" presumably seek to diminish the role of states in international law by eliminating "nations" as the basis …

Choosing The Law Governing Perfection: The Data And Politics Of Article 9 Filing, Steven L. Harris, Charles W. Mooney Jr.

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No abstract provided.

Some Corporate And Securities Law Perspectives On Student-Athletes And The Ncaa, David A. Skeel Jr.

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No abstract provided.

An Economic Analysis Of Trade Measures To Protect The Global Environment, Howard F. Chang

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In this article, Professor Howard Chang addresses the role of trade restrictions in supporting policies to protect the global environment and proposes a more liberal treatment of these environmental trade measures than that adopted by dispute-settlement panels of the General Agreement on Tariffs and Trade (GATT). The GATT Secretariat has recommended that countries like the United States rely on "carrots" rather than "sticks" in order to induce the participation of other countries in multilateral environmental agreements. Professor Chang defends the use of sticks on the ground that they encourage more restrained exploitation of the environment pending a multilateral agreement. First, …

Regulating For Efficiency In Health Care Through The Antitrust Laws, Thomas L. Greaney

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The need to evaluate the competitive consequences of cooperation among rivals has long posed a dilemma for antitrust enforcement. Collaboration can reduce rivalry, raise prices and otherwise reduce consumer welfare; at the same time cooperation among rivals carries the promise of creating cost savings, correcting market failures and producing other benefits. In many cases antitrust doctrine requires a balancing of the positive and negative effects of coordination. In health care, federal antitrust enforcement agencies have increasingly turned to regulatory tools including policy statements, advisory opinions, speeches and regulatory decrees settling cases to strike this balance. However, the agencies have paid …

Managed Care As Regulation: Functional Ethics For A Regulated Environment, Sandra H. Johnson

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Institutional context plays a substantive role in ethical analysis. Accordingly, efforts to apply the principles of bioethics generally and without regard for institutional context may prove difficult.

This article first addresses the aspects of two non-hospital settings - the managed care organization (MCO) and the nursing home - that make the application of hospital-derived principles of bioethics particularly difficult.

The article then considers health care providers’ complaints that extensive MCO regulations impede ethical decisionmaking and adequate care. MCO standards and regulations are value-based. Thus after identifying four categories of providers’ MCO complaints, this article evaluates the complaints under ethical norms. …

Solutions To The Affordable Housing Crisis: Perspectives On Privatization, Peter W. Salsich

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This article examines the government efforts to respond to affordable housing issues and summarizes the criticisms of these policies and programs. The author focuses on the privatization movement which pushes for a reduction in government participation in public housing activities in order to transfer control and responsibility to the private sector. The article also reviews European policies such as the concept of social housing. The article stresses that careful attention must be paid to the privatization mechanisms selected and emphasizes that shared expectations, shared values, and shared commitment can bring about a successful affordable housing strategy. The article describes some …

Attorney-Client And Work Product Protection In A Utilitarian World: An Argument For Recomparison, Catherine T. Struve

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No abstract provided.

Does Pro-Choice Mean Pro-Kevorkian? An Essay On Roe, Casey, And The Right To Die, Seth F. Kreimer

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No abstract provided.

The Resurrection Of Trial By Jury In Russia, Stephen C. Thaman

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This article traces the genesis of the Russian jury law of July 16, 1993, and places it in the context of the criminal justice reform movement that began during the perestroika period. This article analyzes and evaluates the Jury Law on the basis of the first Russian jury trials. The purpose of this article is to isolate certain problem areas and pose questions, which must be answered in the future.

Much of the material for this paper results from the author’s personal observation of eleven of the first fourteen jury trials and parts of four more trials. The author also …

Trial By Jury And The Constitutional Rights Of The Accused In Russia, Stephen C. Thaman

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This article discusses the Russian criminal justice system’s transformation from the unjust Soviet system and the introduction of trial by jury. It specifically addresses the role of supplementary investigations in the new adversary procedure and the newly introduced privilege against self-incrimination. The author concludes that even though reforms have improved the Russian criminal justice system, elements of the Soviet system, such as supplementary investigations, remain, undermining the purpose of the new system.

Regulatory Competition, Regulatory Capture, And Corporate Self-Regulation, William W. Bratton, Joseph A. Mccahery Prof

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No abstract provided.

Social Justice And The Myth Of Fairness: A Communal Defense Of Affirmative Action, Phillip J. Closius

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This Article shall examine the characteristics of the current analytical framework by first examining some harmful effects resulting from the prioritization of fairness: excessive generalization, formalism and superficiality, and materialism. The Article will then examine in detail the Supreme Court's resolution of modern affirmative action issues. The Court has generated confusion and discord by applying simplistic concepts to complex problems and by adhering to the primacy of fairness in a context in which all interested parties claim that fairness favors their result. Finally, this Article will critique the Court's inability to provide a consistent doctrinal basis for discussing affirmative action …

Proportionality In Non-Capital Sentencing: The Supreme Court's Tortured Approach To Cruel And Unusual Punishment, Steven P. Grossman

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This Article examines the Supreme Court's treatment of the Eighth Amendment with respect to claims of excessive prison sentences. Specifically, it addresses the issue of whether and to what degree the Eighth Amendment requires that a punishment not be disproportionate to the crime. In analyzing all of the modern holdings of the Court in this area, this Article finds significant fault with each. The result of this series of flawed opinions from the Supreme Court is that the state of the law with respect to proportionality in sentencing is confused, and what law can be discerned rests on weak foundations. …

The Virtual Clerk's Office: A Proposed Model Judgement Lien Act For The Computer Age, Charles Shafer

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This article addresses one aspect of the law regarding the satisfaction of judgments: when a creditor is determined to have a lien on property of the debtor. The unnecessary cumbersomeness of the present system, which limits the ability of creditors to promptly obtain a legally cognizable interest in specific property, hampers creditors in preventing the debtor's use, sale, or hypothecation of property that could be used to satisfy their debts. This is particularly true of intangible property and property where federal law or the law of sister states controls transfers. Not only do judgment creditors face the risk that the …

Foreword: Pennsylvania Legal Services At Risk, Louis S. Rulli

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No abstract provided.

The Genetic Tie, Dorothy E. Roberts

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No abstract provided.

Is Equal Access The Prescription For Equity?, Victor Sidel, Dorothy E. Roberts, Jennifer Dohrn, Kathy Anastos, Nitza Milagros Escalera, Peter Holland, Sylvia Kleinman, Sylvia Law, Jack O'Sullivan, Robert Padgug, Dennis Rivera, Beth Weitzman

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No abstract provided.