Law Commons^™

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

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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 …

Class Action Reform, Qui Tam, And The Role Of The Plaintiff, Jill E. Fisch

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No abstract provided.

Product Liability And Legal Leverage: The Perverse Effect Of Stiff Penalties, Michael S. Knoll

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No abstract provided.

Governmental Liability Under Cercla, Steven A.G. Davison

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No abstract provided.

Holocaust Denial And The First Amendment: The Quest For Truth In A Free Society, Kenneth Lasson

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From the ashes of the Holocaust we have come once again to learn the terrible truth, that the power of Evil cannot be underestimated. Nor can the effect of the spoken and written word. It has been but a half-century since the liberation of Nazi death camps, a little more than a decade since the First International Conference on the Holocaust and Human Rights, and a few short years since the United States Holocaust Memorial Museum first put on display its documentation of horror. Yet today that form of historical revisionism popularly called "Holocaust denial" abounds worldwide in all its …

The Second Time As Tragedy: The Assisted Suicide Cases And The Heritage Of Roe V. Wade, Seth F. Kreimer

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No abstract provided.

An Interdisciplinary Approach To Family Law Jurisprudence: Application Of An Ecological And Therapeutic Perspective, Barbara A. Babb

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Traditionally, the legal system has attempted to fashion morality in determining family legal issues rather than to devise legal remedies that accommodate how families live. This approach must change, and a new approach based on legal realism that effectuates the well-being of families and children must be developed. This article proposes an interdisciplinary approach based on an ecological and therapeutic jurisprudential paradigm to resolve family legal proceedings. An ecological approach, emanating from the ecology of human development social science paradigm, is one in which family law decision-makers consider factors beyond their conceptions of the family. This approach urges decision-makers to …

Dashing Consumer Hopes: Strict Products Liability And The Demise Of The Consumer Expectations Test, Rebecca Korzec

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The threshold issue in American products liability litigation is whether the product was defective at the time it left the manufacturer's control. Traditionally, courts and scholars define “defect” in three functional categories: manufacturing defects, design defects and marketing defects. American products liability doctrine employs two major tests to determine whether a "defect” exists: the seller-oriented risk-utility test and the buyer-oriented consumer expectations test. The Draft of the Restatement Third of Torts: Products Liability, like some American jurisdictions, rejects the “consumer expectations” test as an independent standard in defective warning and design cases. Ironically, this limitation of the use of the …

A Feminist View Of American Elder Law, Rebecca Korzec

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ANY discussion of contemporary American elder law must consider gender issues. A number of gender concerns are readily discernible, including workplace and family issues. Significantly, sex-based disparities are increasing within the elderly population. In turn, these disparities exacerbate problems of fairness and equity in meeting intergenerational family needs and expectations.

As with childrearing, in contemporary American society, the major caregiving responsibility for the growing number of frail elderly falls largely on women rather than men. With an increasing number of women working outside the family home, the intersection of work and family issues is receiving considerable attention both in academic …

From Surrogates To Stories: The Evolution Of Federal Merger Policy, Robert H. Lande, James Langenfeld

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This article traces the evolution of federal merger policy. It documents how merger enforcement originally was largely based upon very strong structural presumptions. These presumptions gradually eroded and other factors became more and more important in enforcement decisions. Today meger enforcement essentially consists of structural safe harbors and a full rule of reason analysis for any merger not within these safe harbors.

The Myth Of Context In Politics And Law, Anita Krug

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Visions of group-based rights in political and legal theory strive to be both antiessentialist and antiuniversalist. They reject an essentialist view of the self — a view that there is a single experience common to all persons composing, for example, a particular ethnic, racial, or gender group — on the basis that a person’s identity is context-based and contingent, and cannot be defined solely by such factors as race or gender. They also reject the universalist notion of an abstract equality of persons that is at the basis of traditional conceptions of individual rights. In short, group rights are based …

Equality Revisited, Christopher J. Peters

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In legal, political, and philosophical discourse, and indeed in everyday life, equality often plays the role of a normatively significant prescriptive principle, a principle that provides reasons for action. Professor Peters, however, joins Peter Westen and others who argue that the traditional statement of prescriptive equality-equals are entitled to equal treatment--is normatively empty because it is a tautology. Like Professor Westen, Professor Peters notes that this traditional principle translates into a statement of simple redundancy: people entitled to equal treatment are entitled to equal treatment. Unlike Professor Westen, however, Professor Peters discerns a nontautological principle of equality, which claims that …

Assessing Consensus: The Promise And Performance Of Negotiated Rulemaking, Cary Coglianese

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Over its thirteen year history, the negotiated rulemaking process has yielded only thirty-five final administrative rules. By comparison, the federal government publishes over 3,000 final rules each year through the ordinary notice-and- comment process. Why have federal agencies relied so little on negotiated rulemaking? I examine this question by assessing the impact of negotiating rulemaking on its two major purposes: (1) reducing rulemaking time; and (2) decreasing the amount of litigation over agency rules. My analysis suggests that the asserted problems used to justify negotiated rulemaking have been overstated and that the limitations of negotiated rulemaking have been understated. Negotiated …

Pollard And Priorities, Kenneth Lasson

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No abstract provided.

Adjudication As Representation, Christopher J. Peters

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This Article sets forth an interpretive theory of adjudicative lawmaking according to which, under certain conditions, such lawmaking ensures constructive participation through interest representation and thus is not inherently nondemocratic. The author contends that the idea of ‘judicial activism,‘ courts deciding issues better left to political processes or substituting the personal ‘values‘ of judges for law, is based on the incorrect assumptions that courts are unconstrained and nonrepresentative. Instead, when adjudication operates in an archetypal way, it produces law in a manner similar to the parliamentary legislation process. Courts making law are constrained by the process of participatory decisionmaking--the production …

Charitable Endowments And The Democratization Of Dynasty, Evelyn Brody

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Charitable endowments and other passive investments exceed $425 billion. Why do many donors require that the principal of their contribution must be held in perpetuity, and that only the income may be used for charitable purposes? Why do most charity managers voluntarily accumulate operating surpluses, and reinvest a portion of real endowment income? This Article suggests that rather than looking at how charities use their endowment income, we should focus on what happens to the endowment principal. It appears that the taste for perpetual charitable endowments persists as the happy co-incidence of donors' desire for immortality for themselves and their …

Hocking The Halo: Implications Of The Charities' Winning Briefs In Camps Newfound/Owatonna, Inc. (Symposium), Evelyn Brody

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No abstract provided.

Computer Crimes Now On The Books: What Do We Do From Here? (Symposium), Henry H. Perritt Jr.

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No abstract provided.

Cyberspace Self-Government: Town-Hall Democracy Or Rediscovered Royalism?, Henry H. Perritt Jr.

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No abstract provided.

Information Access Rights Based On International Human Rights Law (With Christopher J. Lhulier), Henry H. Perritt Jr.

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No abstract provided.

Is The Environmental Movement A Critical Internet Technology?, Henry H. Perritt Jr.

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No abstract provided.

Taking Prepositions Seriously, Jeffrey G. Sherman

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No abstract provided.

Exclusive Sovereignty Versus Sustainable Development Of A Shared Resource: The Dilemma Of Latin American Rainforest Management, A. Dan Tarlock

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No abstract provided.

Safe Drinking Water: A Federalism Perspective, A. Dan Tarlock

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No abstract provided.

The Influence Of International Environmental Law On United States Pollution Control Law (Symposium), A. Dan Tarlock

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No abstract provided.

The Missouri River: The Paradox Of Conflict Without Scarcity, A. Dan Tarlock

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No abstract provided.

Two Cheers For Shifting The Presumption Of Validity: A Reply To Professor Hopperton (With D. Mandelker), A. Dan Tarlock

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No abstract provided.

Teaching Electronically: The Chicago-Kent Experiment, Richard Warner

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No abstract provided.

Ideas Of The Marketplace: A Guide To The 1996 Telecommunications Act,, Michael I. Meyerson

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The Telecommunications Act of 1996 represented an enormous experimental step towards deregulating the telecommunications marketplace while opening it up to competition. With an eye towards breaking up the telecommunications monopolies held by local telephone service providers, the Act created regulations that forced local carriers to share their market and their resources with other telecommunications providers. The Telecommunications Act of 1996 itself is extremely complex. This article is a "guided tour" through the major provisions of the Act.

The first step in understanding the Telecommunications Act of 1996 is to understand how the telecommunications industry operates. Part two of this article …

A Wigmorian Defense Of Feminist Methods, Katharine K. Baker

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No abstract provided.