Law Commons^™

Empire Forgotten: The United States's Colonization Of Puerto Rico, Ediberto Román

Faculty Publications

This Article tells a story of two countries: the first, a world power through its noble proclamations concerning human rights, led the charge for the recognition of a people's right to choose their political and socio-economic future; the second, because of its domination by the first, has been unable to have its people choose their political and socio-economic future. 10 In analyzing this relationship, this Article demonstrates how the United States, by denouncing imperialism while at the same time quietly enjoying its benefits, resembles the "colonizer who refuses."

How Will We Regulate Genetic Enhancement, Maxwell J. Mehlman

Faculty Publications

Genetic enhancement technologies present difficult and novel regulatory issues, including the problem of measuring and comparing risks and benefits and dealing with the impact of these technologies on social values. This Article describes and evaluates the potential approaches that may be taken to regulate these technologies. The author concludes that a variety of approaches will be necessary, involving self-regulation, government restrictions on access and use, licensing, and a national lottery.

The Politics Of Establishing An International Criminal Court, Michael P. Scharf

Faculty Publications

Any substantive evaluation of the plan for an international criminal court requires first an understanding of the political currents that underlie the competing proposals. This piece briefly explores the politics of creating a permanent international criminal court. In particular, this comment examines three related issues: (1) the need for an international criminal court, (2) the political obstacles involved in creating such an institution, and (3) the prospects for success in light of these obstacles.

The Case For A Permanent International Truth Commission, Michael P. Scharf

Faculty Publications

This Article presents the case for the establishment of a permanent international truth commission as an adjunct to a permanent international criminal court or domestic prosecutions. Such a commission would be available to countries in the aftermath of situations involving grave humanitarian or human rights crimes. From the experience of the several international and national truth commissions established to date, this Article seeks to distill a framework for a pro- posed permanent international truth commission which would avoid the major problems that afflicted its predecessors. A draft statute for a permanent international truth commission is appended at the end of …

Equilibrium Theory, The Ficas Model, And International Banking Law, Raj Bhala

Faculty Publications

No abstract provided.

The End Of Busing?, Davison M. Douglas

Faculty Publications

No abstract provided.

Private Commissions, Assisted Reproduction, And Lawyering, Larry I. Palmer

Faculty Publications

No abstract provided.

The Poor Image Of The Profession And The Ethical Pressures On The Modern Lawyer, Rodney A. Smolla

Faculty Publications

No abstract provided.

Restating Capitalization Standards And Rules: The Case For "Rough Justice" Regulations (Part One), John W. Lee, Eldridge Blanton, Veena Luthra, Glenn Walberg, Darryl Whitesell

Faculty Publications

No abstract provided.

Corporate Philanthropy, Executives' Pet Charities And The Agency Problem, Jayne W. Barnard

Faculty Publications

No abstract provided.

The Puzzling Purposes Of Statutes Of Limitation, Tyler T. Ochoa, Andrew Wistrich

Faculty Publications

One hundred years ago, Oliver Wendell Holmes, Jr. asked, "What is the justification for depriving a man of his rights, a pure evil as far as it goes, in consequence of the lapse of time?" A century later, we are still searching for a satisfactory answer to that question. The purpose of this Article is to press that inquiry further.

The law of limitation of actions is the set of legislatively and judicially created legal rules-including the classification of claims, the duration of limitation periods, the applicable principles of accrual and tolling, and the like-that determine whether a claim is …

Defiling The Dead: Necrophilia And The Law, Tyler T. Ochoa, Christine Jones

Faculty Publications

This article will examine the issue of criminal liability for necrophilia. Part II will address necrophilia in general and will discuss briefly why society finds such acts reprehensible. Part III will discuss existing criminal prohibitions against necrophilia in California and other states. Part IV will discuss the evidentiary use of necrophilia in proving other crimes. Finally, Part V will evaluate proposed legislation outlawing necrophilia.

The Jurisprudence Of Yogi Berra, Gerald F. Uelmen

Faculty Publications

No abstract provided.

Otto Kaus And The Crocodile, Gerald F. Uelmen

Faculty Publications

No abstract provided.

Dedication, (Symposium : In Honor Of Professor Trina Grillo : Legal Education For A Diverse World), Stephanie M. Wildman

Faculty Publications

No abstract provided.

Race, Religion, And Cultural Identity: Reconciling The Jurisprudence Of Race And Religion, Tseming Yang

Faculty Publications

No abstract provided.

Nine Guidelines And A Reflection On Internet Copyright Practice, Howard C. Anawalt

Faculty Publications

No abstract provided.

The Intellectual Property Renaissance In Cyberspace: Why Copyright Law Could Be Unimportant On The Internet, Eric Goldman

Faculty Publications

No abstract provided.

He Said, He Said: Same-Sex Sexual Harassment Under Title Vii And The "Reasonable Heterosexist" Standard, E. Gary Spitko

Faculty Publications

Under current sexual harassment law, the trier of fact in a same-sex sexual harassment lawsuit is likely to judge the alleged behavior of a gay sexual harassment defendant more harshly than it would judge the identical behavior in a context where the defendant was not of the same sex as the plaintiff. This bias to a gay sexual harassment defendant arises because the “reasonable person” constructed by the trier of fact in evaluating whether an alleged act of hostile environment sexual harassment should be actionable is, under the author's theory, a non-gay person with a heterosexist world view. The bias …

How To Encourage Global Electronic Commerce: The Case For Private Currencies On The Internet, Kerry L. Macintosh

Faculty Publications

No abstract provided.

Democracy, Citizenship, And Indian Law Literacy: Some Initial Thoughts, Frank Pommersheim

Faculty Publications

No abstract provided.

Risk-Utility Balancing In Design Defect Cases, David G. Owen

Faculty Publications

No abstract provided.

A Critique Of The Yugoslavia War Crimes Tribunal In Report Of The International Law Association On An International Criminal Court, Michael P. Scharf

Faculty Publications

It is ironic that history has not been altogether kind to the Nuremberg Tribunal, labeling it "victor's justice," denouncing its application of ex post facto law, and rebuking its procedural shortcomings. Fifty years later, the world community has created another war crimes tribunal - the International Criminal Tribunal for the Former Yugoslavia. In its first annual report, this new Tribunal stated that "one can discern in the statute and the rules a conscious effort to avoid some of the often-mentioned flaws of Nuremberg and Tokyo." Because it will serve as the model for future ad hoc tribunals and a permanent …

A Post-Conference Reflection On Separate Ethical Aspirations For Adr's Not-So-Separate Practitioners, John Q. Barrett

Faculty Publications

At "The Lawyer's Duties and Responsibilities in Dispute Resolution" Symposium at South Texas College of Law, Oct. 25, 1996, a central topic of discussion was ADR's ethical separateness. There was a shared sense that ADR providers and practitioners confront a range of ethical issues that differ from those that confront non-ADR lawyers. On this view, because rules of professional responsibility are geared toward more adversarial forms of legal practice, they at best provide no answers and may provide wrong answers to ethical questions that arise in ADR. One solution would be to create new, separate, "role-specific" ethics rules for ADR …

Children In A Landscape (Poem), Frank Pommersheim

Faculty Publications

No abstract provided.

What Must Be Done To Achieve The Vision Of The Twenty-First Century Tribal Judiciary, Frank Pommersheim

Faculty Publications

No abstract provided.

Twisted Interests: People In Interest Of S.A.H. And The State Of Open Adoptions In South Dakota, Thomas Simmons

Faculty Publications

In People in Interest of S.A.H., the South Dakota Supreme Court held that open adoptions, or post-adoption visitation by the natural parents, while not prohibited under South Dakota law when in the best interests of the child, should only be mandated when the trial court finds that it is in the best interests of the child by clear and convincing evidence. The court also instructed trial courts to weigh the needs of the child, the effect on integration with the new family, and the potential effect on the pool of other prospective adoptive parents. This decision, while securing judicial enforcement …

Highways, Hunters, And Section Lines: Tension Between Public Access And Private Rights, Tom Simmons

Faculty Publications

No abstract provided.

Liability For Prescribing Intravenous Injection Equipment To Iv Drug Users, Maxwell J. Mehlman

Faculty Publications

In the absence of widespread publicly sponsored needle exchange programs, the proposal has been made that physicians prescribe syringes and needles to intravenous (IV) drug users in order to reduce the risk of infection from HIV and other diseases that could result from needle sharing. One question is whether physicians who engage in this behavior, as well as pharmacists who fill the prescriptions, face a significant threat of malpractice liability if the IV drug user or someone else, perhaps an innocent bystander, is harmed as a result of the prescribed equipment. No such cases have been reported, per- haps because …

Dog That Rarely Barks: Why The Courts Won't Resolve The War Powers Debate, Jonathan L. Entin

Faculty Publications

There is a certain irony about the stimulating papers by Louis Fisher and Peter Shane: the political scientist, Fisher, makes a normative constitutional argument of the sort typically made by legal scholars; the legal scholar, Shane, makes an institutional and policy analysis of the sort typically made by political scientists. Nevertheless, these papers share a common theme: that the President does not and should not have unfettered or unilateral power in the war-making area. Both also focus on war powers rather than other aspects of foreign affairs such as treaties and executive agreements, but their approaches have implications for those …