Law Commons^™

W(H)Ither Warranty: The B(L)Oom Of Products Liability Theory In Cases Of Deficient Software Design, Peter A. Alces

Faculty Publications

No abstract provided.

The Historical And Constitutional Significance Of The Impeachment And Trial Of President Clinton, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Comsumer Bankruptcy's New Clothes: An Empirical Study Of Discharge And Debt Collection In Chapter 13, Scott F. Norberg

Faculty Publications

Consumer bankruptcy filings hit another record high in 1998, with nearly 1.4 million consumers filing for bankruptcy relief. This trend sparked a debate in Congress about means-testing chapter 7 bankruptcy filings. Proponents of reform argued that it would curtail fraud and abuse. Opponents believed that consumer debt was swamping income growth, and that the deregulation of the consumer credit market had led to overgenerous lending and hence to more bankruptcies. This is an empirical study of whether filers for chapter 13 bankruptcy cases are abusing the system, or whether debtors are truly being swamped by debt in excess of their …

Two Cheers For The Commission On Structural Alternatives For The Federal Courts Of Appeals, Thomas E. Baker

Faculty Publications

No abstract provided.

Reconstructing Self-Determination: The Role Of Critical Theory In The Positivist International Law Paradigm, Ediberto Román

Faculty Publications

This article (or conference transcription) discuses the role that critical race theory may have on what, will be called, self-determination movements. It commences with the introduction of four speakers Taygab Muhmud, Seigfried Weissner, Julie Mertus and Donna Coker, discussing various forms of self-determination movements of indigenous people, the neocolonial plight of the people of South Asia and a comparative analysis of Eastern Europeans. The article then undertakes an innovative critical analysis of the acceptance of the liberal international law doctrine of self-determination. In particular, it will critique the purportedly universal norm of self-determination in order to expose and explain its …

Copyright And "New-Use" Technologies, I. Trotter Hardy

Faculty Publications

No abstract provided.

Database Protection In A Digital World, Mary Maureen Brown, Robert M. Bryan, John M. Conley

Faculty Publications

No abstract provided.

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

Faculty Publications

No abstract provided.

The Lessons Of Impeachment History, Michael J. Gerhardt

Faculty Publications

No abstract provided.

The Constitutionality Of Censure, Michael J. Gerhardt

Faculty Publications

No abstract provided.

The Role Of The States In Combating Managed Care Fraud And Abuse, Joan H. Krause

Faculty Publications

No abstract provided.

The Unnecessary Victims' Rights Amendment, Robert P. Mosteller

Faculty Publications

No abstract provided.

Members’ Briefing: Licensing, Anne Klinefelter

Faculty Publications

No abstract provided.

Self-Interest, Politics, And The Environment: A Response To Professor Schroeder, Donald Thomas Hornstein

Faculty Publications

No abstract provided.

For-Profit Corporations That Perform Public Functions: Politics, Profit, And Poverty, Cheryl L. Wade

Faculty Publications

In this Article, Professor Wade argues that the corporate law shareholder-primacy paradigm fails to adequately account for individuals who depend upon for-profit corporations for the educational, medical, correctional, and social services traditionally provided by government. These for-profit corporations, termed "Public Function Companies" by Professor Wade, have two distinct constituencies: shareholders who expect wealth maximization to guide corporate action and "Corporate Dependents" who rely upon the essential services administered by these corporations. Because corporate law generally requires officers and directors to act only in the interest of shareholders, Corporate Dependents may be left with inadequate services and no mechanism to influence …

Malpractice And The Tax Practitioner: An Analysis Of The Areas In Which Malpractice Occurs, Jacob L. Todres

Faculty Publications

(Excerpt)

As an attorney for approximately twenty-five years, I have been cognizant of the apparent increase in litigiousness of modem society, and of the concomitant increase in malpractice suits against professionals, both lawyers as well as non-lawyers. As a teacher of tax law, I am especially interested in how this trend impacts the tax lawyer, as well as other tax practitioners. What I am especially interested in is determining which areas of tax law and tax practice have generated the most malpractice claims so that practitioners may embark into such areas forewarned. Unfortunately, most of the existing literature focuses on …

Brownfields Redevelopment: Cleaning Up Contaminated Sites For Community Renewal, Ronald H. Rosenberg

Faculty Publications

No abstract provided.

Toward A New Understanding Of Abuse Of Nationality In Claims Before The Iran-United States Claims Tribunal, Nancy Amoury Combs

Faculty Publications

No abstract provided.

Congress, The Internet, And The Intractable Pornography Problem: The Child Online Protection Act Of 1998, Timothy Zick

Faculty Publications

No abstract provided.

I Love You, Big Brother, Neal Devins

Faculty Publications

No abstract provided.

International Comity And The Foreign Tax Credit: Crediting Nonconforming Taxes, Glenn E. Coven

Faculty Publications

No abstract provided.

Liberty And Antitrust In The Formative Era, Alan J. Meese

Faculty Publications

No abstract provided.

Economic Theory, Trader Freedom And Consumer Welfare: State Oil Co. V. Khan And The Continuing Incoherence Of Antitrust Doctrine, Alan J. Meese

Faculty Publications

No abstract provided.

Aveux Incités Par Les Officiers Chargés De L’Application De La Loi, L’Expérience Des Etats-Unis, Paul Marcus

Faculty Publications

No abstract provided.

Mortgage Drafting: Lessons From The Restatement Of Mortgages, Dale A. Whitman

Faculty Publications

The American Law Institute's adoption of the Restatement (Third) of Property: Mortgages may have significant impact on the negotiation and drafting of mortgages. Rather than merely reciting the prevailing case law, the Restatement proposes approaches the American Law Institute believes are desirable as a matter of sound policy. This Article highlights key areas in which the new Restatement may affect mortgage drafting and suggests useful techniques for mortgage drafters.

Of Sinking And Escalating: A (Somewhat) New Look At Stare Decisis, Rafael Gely

Faculty Publications

This article explores the concept of stare decisis from the escalation of commitment perspective. I argue that the theory of escalation of commitment provides a powerful tool that can be used in our understanding of the application of stare decisis . The literature on the use of precedent is extensive; however, this Article develops a new way of looking at case law development and stare decisis . In particular, the Article contemplates stare decisis as a decision-making process and then considers the academic literature in order that we may gain some insight into that process.

Of Communists And Anti-Abortion Protestors: The Consequences Of Falling Into The Theoretical Abyss, Christina E. Wells

Faculty Publications

Part I of this article briefly reviews the legal and social context of Dennis and Yates. Parts II and III similarly review Madsen and Schenck in order to show potential parallels to the earlier communist decisions. Part IV further examines both Madsen and Schenck, demonstrating that, from a doctrinal standpoint, they are far removed from the earlier communist cases. Finally, Part V explains how the Court in Madsen and Schenck actually contributed to misconceptions or manipulation of its opinions. Specifically, Part V examines the Madsen and Schenck Courts' approaches to three of the more difficult doctrinal issues facing them--prior restraint, …

Fiduciary Duties Of Officers And Directors Of Distressed Corporations, Royce De R. Barondes

Faculty Publications

This Article argues that this widely-accepted premise for analyzing the incentives created by various alternative structures of federal bankruptcy law is suspect.

Court Interpreting Services In State And Federal Courts: Reasons And Options For Inter-Court Coordination, William E. Hewitt, Paula Hannaford-Agor, Catherine Gill, Melissa Cantrell

Faculty Publications

In 1978 a federal law marked the beginning of standard setting and professionalization of court interpreters through testing. In 1995, an entity now called the Consortium for State Court Interpreter Certification was created by the National Center for State Courts and four founding states (Minnesota, New Jersey, Oregon, and Washington.) The Consortium was created as a way to ameliorate shortages of resources and expertise to implement standards for interpreting proficiency at the state level, problems shared by virtually all of the states. Now, as a consequence of institutionalization, a forum has been created wherein exchange of information and expertise, and …

The Right Mix, Richard C. Reuben

Faculty Publications

This edition of Dispute Resolution Magazine explores several aspects of the problem. It begins with a debate between Jean Sternlight and Theodore 0. Rogers over the propriety of mandatory predispute arbitration processes in the consumer and employment contexts, followed by a proposal by Terry Trantina for a "constructive compromise" regarding the general validity of arbitration agreements in contracts of adhesion.

This trio of essays is followed by articles on two major arbitration reform efforts. The first, by Thomas J. Stipanowich and J. Clark Kelso, discusses the rise of protocols and other industry standards intended to bring fairness to the arbitratica …