Law Commons^™

Why In-House Live Client Clinics Won't Work In Romania: Confessions Of A Clinician Educator, Rodney J. Uphoff

Faculty Publications

Romanians eat our Big Macs, wolf down pizza slices at Pizza Hut, and guzzle Coca-Cola. They wear baseball caps, Nike clothing, and tennis shoes. They listen to American rap and pop music, see American movies with Romanian subtitles, and watch all of our old television shows. Romanians of all ages, but especially the young, hunger and thirst for all things Western, particularly from the United States. Doesn't it follow, then, that Romanian law schools ought to have - and, indeed, Romanian law professors would want - that symbol of an innovative, modern American law school curriculum: a live client clinical …

Toward The Development Of A Pursuit Decision Calculus: Pursuit Benefits Versus Pursuit Cost, Thomas J. Madden, Geoffrey P. Alpert

Faculty Publications

To make unbiased decisions about whether to pursue a fleeing vehicle, officers must understand both the costs and the potential benefits of a pursuit. This manuscript describes an approach that identifies and assesses the impact of pursuit characteristics on pursuit costs. Data from official pursuit forms generated by officers in the Miami-Dade police department were used as a basis of the study. Log-linear models were used to identify direct and interactive effects of the pursuit characteristics. Upon finding significant effects, odds ratios were calculated. The findings indicate that there are certain pursuit characteristics, including number of units and speed, that …

Unreviewability In State Administrative Law, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

Regulation Of Franchisor Opportunism And Production Of The Institutional Framework: Federal Monopoly Or Competition Between The States?, Alan J. Meese

Faculty Publications

Most scholars would agree that a merger between General Motors and Ford should not be judged solely by Delaware corporate law, even if both firms are incorporated in Delaware. Leaving the standards governing such mergers to state law would assuredly produce a race to the bottom that would result in unduly permissive treatment of such transactions. Similarly, if the two firms agreed to divide markets, most would agree that some regulatory authority other than Michigan or Delaware should have the final word on the agreement. Thus, in order to forestall monopoly or its equivalent, the national government must itself exercise …

Negotiated Development Denial Meets People's Court: Del Monte Dunes Brings New Wildcards To Exactions Law, Jonathan M. Davidson, Ronald H. Rosenberg, Michael C. Spata

Faculty Publications

The United States Supreme Court Answered "YES" to the $1.45 million over exaction question for 1999. In City of Monterey v. Del Monte Dunes at Monterey Ltd., a unanimous court extended the scope of compensatory takings review beyond land dedication conditions into the realm of regulatory denial. Justice Kennedy's opinion vitalized the "legitimate state interests" test from Agins v. City of Tiburon to sustain an inverse condemnation conclusion and damage award to the frustrated developer. A majority of the court also concurred that the trial court may delegate this takings conclusion to the jury under federal civil rights law. The …

Factitious Disorders And Trauma-Related Diagnoses, Daniel Brown, Alan Scheflin

Faculty Publications

The recent plethora of lawsuits involving allegations of iatrogenically implanted memories of satanic ritual abuse and other traumas has highlighted the existence of a unique group of psychiatric patients. Although these patients are often successful at deceiving therapists (and sometimes juries), the case studies in this special issue reveal the chronic nature of their propensity to invent traumatic identities and past histories. The core clinical features of affect dysregulation, somatization, and impaired object relations, together with frequent histories of alcohol and substance abuse, parallel the psychiatric co-morbidity frequently found in genuine trauma victims. These case studies also point to early …

Practical Magic: A Few Down-To-Earth Suggestions For The New Sentencing Commission, Frank O. Bowman Iii

Faculty Publications

Most of the contributions to this outpouring of advice to the new Sentencing Commissioners have to do with the substance of the Guidelines. What follows here is far more prosaic - some suggestions not about what the Commission should do, but about how the Commission should work. I make these suggestions with some trepidation, recognizing the difficulty of the task the new members have undertaken. However, I hope the perspective of one who practiced before and after the Guidelines as a federal prosecutor, participated in the internal workings of the Commission as Special Counsel in 1995-96, and has been a …

Court Issues Major Ruling On Mediation Confidentiality, Richard C. Reuben

Faculty Publications

A prominent federal court judge has issued an important ruling on mediation confidentiality, one that promises to influence both doctrinal and legislative development.

The case is Olan v Congress Mortgage Co., 1999 WL 909731 (N.D.Cal.), and in it, federal Magistrate Judge Wayne Brazil ultimately compels testimony by a California mediator, despite California's categorical exclusion of evidence arising from mediations. The lengthy opinion is most scholarly, and well worth taking the time to read.

Delaware's Capital Jury Selection: Inadequate Voir Dire And The Problem Of Automatic Death Penalty Jurors, Adam M. Gershowitz

Faculty Publications

No abstract provided.

Children's Interests In A Family Context - A Cautionary Note, James G. Dwyer

Faculty Publications

No abstract provided.

The World Of Courtroom Technology, Fredric I. Lederer

Faculty Publications

No abstract provided.

Major Step Forward: Proposed Uniform Mediation Act Goes Public For Comments, Richard C. Reuben, Nancy H. Rogers

Faculty Publications

The move toward a simplified and uniform law for mediation takes an important step forward this summer, with the release of the first integrated draft of the proposed Uniform Mediation Act. The act is being drafted by cooperating committees of the American Bar Association Section of Dispute Resolution and the National Conference of Commissioners on Uniform State Laws. If enacted and adopted uniformly, it would replace the hundreds of pages of complex and often conflicting statutes across the country with a few short pages of simple, accessible, and helpful rules.

Defending Substantial Assistance: An Old Prosecutor's Meditation On Singleton, Sealed Case, And The Maxfield-Kramer Report, Frank O. Bowman Iii

Faculty Publications

This essay begins with a brief analysis of the panel and en banc opinions in Sealed Case and Singleton, and then turns to the more arresting question of whether the panel decisions were transitory aberrations or something more. Particularly if one considers Singleton and Sealed Case together with the Sentencing Commission's staff report on substantial assistance practice (the “Maxfield - Kramer Report”), it is difficult to escape the conclusion that unease with the current substantial assistance regime is growing. Unlike many observers, I view §5K1.1 as a very good thing, an invaluable prosecutorial tool against group criminality, but a tool …

Departing Is Such Sweet Sorrow: A Year Of Judicial Revolt On "Substantial Assistance" Departures Follows A Decade Of Prosecutorial Indiscipline (Prosecution Law Symposium), Frank O. Bowman Iii

Faculty Publications

the first section of this essay is devoted to demonstrating the courts' errors. Nonetheless, considered together, these opinions are perhaps an understandable reflection of judicial unease with an important component of the federal sentencing system — the longstanding, but increasingly common, practice of making deals with criminal defendants to reduce their sentences in return for testimony against their accomplices. This Article's second section will consider the most common criticisms of the system of bargaining for testimony under the United States Sentencing Guidelines (the Guidelines) to determine whether Singleton and Sealed Case may be good policy even if they are bad …

Successive Causes And The Enigma Of Duplicated Harm, David A. Fischer

Faculty Publications

Some of the most intriguing brain teasers in tort law involve the valuation of damages for harm arising from wrongfully inflicted injury to person or property. Consider the following example: A wrongdoer shoots and instantly kills a person in the path of an avalanche that would have killed the person a few seconds later. The person's survivors bring a wrongful death action against the shooter, seeking compensation for the loss of support they would have received from the decedent if she had lived. Should the court require the shooter to pay for loss of support beyond the time that the …

Putting The Law Of Impeachment In Perspective, Michael J. Gerhardt

Faculty Publications

No abstract provided.

The Impact Of The Packard Commission's Recommendations On Reducing Cost Overruns On Defense Acquisition Contracts, David S. Christensen, David A. Searle, Caisse Vickery

Faculty Publications

Using data from selected acquisition reports, Drezner et al. (1993) show that reform initiatives from 1960 to 1990 did not reduce cost growth on 197 defense programs. The average cost growth on these programs was 20 percent and did not change significantly for 30 years. Using data from the Defense Acquisition Executive Summary data base, we show a similar result. Initiatives based on the recommendations of the Packard Commission did not reduce the average cost overrun percent experienced on 269 completed defense acquisition contracts evaluated over an 8-year period (1988 through 1995). In fact, the cost performance experienced on development …

Fourth Amendment Issues In Section 1983 Litigation, Kathryn R. Urbonya

Faculty Publications

No abstract provided.

The Changing Tradition Of Constitutional Review Of Sign And Billboard Regulation, Ronald H. Rosenberg

Faculty Publications

No abstract provided.

Can Shame, Guilt, Or Stigma Be Taught? Why Credit-Focused Debtor Education May Not Work, A. Mechele Dickerson

Faculty Publications

No abstract provided.

The Democracy-Forcing Constitution, Neal Devins

Faculty Publications

No abstract provided.

The Religious Right In Court: The Decision Making Of Christian Evangelicals In State Supreme Courts, Donald R. Songer, Susan J. Tabrizi

Faculty Publications

Much has been written recently about the emergence of evangelicals and others often labeled the "new Religious Right" in American politics. However, little attention has been paid to whether officials who have been socialized in the denominations characterized as being part of this Religious Right actually behave differently in office from those brought up in other religious traditions. The present study begins such an inquiry by examining differences in the voting behavior of state supreme court justices in three issue areas. Evangelical justices were found to be significantly more conservative than mainline Protestant, Catholic, and Jewish justices in death penalty, …

Harming Future Persons: Obligations To The Children Of Reproductive Technology, Philip G. Peters Jr.

Faculty Publications

Two paradigms dominate contemporary ethical and legal debate about the risks posed to children who owe their lives to reproductive technology. One asks whether the children have lives so tragic that life itself is harmful. The other approach asks whether children so conceived are likely to enjoy a minimally decent existence. Although the two approaches have quite different analytic foundations, they share one crucial trait. Each concludes that children who owe their lives to reproductive technology are harmed only when that technology causes genuinely catastrophic injuries.Because these conventional paradigms define harmful conduct exclusively by reference to the magnitude of the …

Panel Remarks Civil Rights Division Association Symposium: The Civil Rights Division At Forty, Michael A. Middleton

Faculty Publications

Welcome to all of you to the second of our Symposia. This is the fortieth year of the Civil Rights Division. Our focus this morning will be the Division's past and where it should be going in the future.

The Consent Of The Governed: Recall Of United States Senators, Timothy Zick

Faculty Publications

No abstract provided.

From Jeans To Genes: The Evolving Nature Of Property Of The Estate, A. Mechele Dickerson

Faculty Publications

No abstract provided.

Institutional Analysis Of Municipal Liability Under Section 1983, Michael J. Gerhardt

Faculty Publications

No abstract provided.

The Road To The Virtual Courtroom? A Consideration Of Today’S -- And Tomorrow’S -- High Technology Courtrooms, Fredric I. Lederer

Faculty Publications

No abstract provided.

Monopoly Bundling In Cyberspace: How Many Products Does Microsoft Sell?, Alan J. Meese

Faculty Publications

No abstract provided.

Law And Politics In Judicial Oversight Of Federal Administrative Agencies, Martha Anne Humphries, Donald R. Songer

Faculty Publications

Administrative agencies play a substantial role in the formulation and implementation of national policy Central to this role is their exercise of discretion. A normative consensus exists that such discretion should be constrained by administrative deference to the rule of law. The courts of appeals are expected to insure that such discretion is constrained. The analysis reported below examines how effectively they fulfill that expectation The findings suggest that agency success is related to political considerations, with agencies being successful when their decisions are consistent with the policy preferences of the judges. However, variables that captured elements of the legal …