Law Commons^™

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 …

Synecdoche And The Presidency: The Removal Power As Symbol, Jonathan L. Entin

Faculty Publications

In this brief comment I want to explore the reasons for this phenomenon. I will illustrate my point by reference to the seminal case of Myers v. United States, which is not discussed in the symposium contribution by Calabresi and Yoo not surprising, because that case was decided well after the period upon which they focus here. After that, I will suggest some reasons why the removal power, despite its limited substantive importance, retains its grip on the academic and political imagination.

Health Care Cost Containment And Medical Technology: A Critique Of Waste Theory, Maxwell J. Mehlman

Faculty Publications

The high cost of health care has led to proposals to reduce wasteful medical technology under Medicare and other payment systems. Professor Mehlman warns that achieving this objective, while laudable in theory, is problematic because of the difficulties of defining, detecting and eliminating technology waste. A particular danger is that, in an effort to reduce waste, patients will be denied not only technologies that are wasteful from the patient's own perspective but technologies that yield net patient benefit. This risk is exacerbated by the Medicare prospective payment system, which rewards hospitals financially in inverse proportion to the amount of care …

Immigration - Refugee Act Of 1980 - Resistance To Female Circumcision As Grounds For Political Asylum In The United States, Linda A. Malone

Faculty Publications

No abstract provided.

Book Review Of In The Opinion Of The Court, Laura A. Heymann

Faculty Publications

No abstract provided.

The End Of Busing?, Davison M. Douglas

Faculty Publications

No abstract provided.

On Difference And Equality, Cynthia V. Ward

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.

An Old Debate Continues Over Integrated Schools, Davison M. Douglas

Faculty Publications

No abstract provided.

Country/Region Reports -- United States Of America, Linda A. Malone

Faculty Publications

No abstract provided.

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

Faculty Publications

No abstract provided.

Whoever Fights Monsters Should See To It That In The Process He Does Not Become A Monster: Hunting The Sexual Predator With Silver Bullets -- Federal Rules Of Evidence 413-415 -- And A Stake Through The Heart -- Kansas V. Hendricks, Joelle A. Moreno

Faculty Publications

No abstract provided.

Second-Best Solution: The First Amendment, Broadcast Indecency, And The V-Chip [Comments], Howard M. Wasserman

Faculty Publications

No abstract provided.

Discovery In International Legal Developments Year In Review: 1996, Christopher J. Borgen

Faculty Publications

American procedure regarding international discovery stems from 28 U.S.C. §§ 1781-83, and Federal Rule of Civil Procedure (FRCP or Rule) 28(b). Broadly speaking, these rules are concerned with the mechanics of assessing requests for discovery in the United States to assist a proceeding in a foreign country and attempts by one or more parties before a U.S. court to obtain evidence located in another country. This article serves as a brief review of developments during the year.

Class Action Chaos? The Theory Of The Core And An Analysis Of Opt-Out Rights In Mass Tort Class Actions, Michael A. Perino

Faculty Publications

From breast implants to cigarettes, mass tort class actions are a prominent and controversial part of the contemporary litigation landscape. A critical component of these actions is the ability of class members to “opt out” and thereby exclude themselves from the effect of any class judgment. The tension between individual autonomy and the desire for global resolution of mass controversies has led to an intense debate concerning the circumstances under which opt-out rights should be constrained, if at all.

This Article makes five distinct contributions to the class action literature. First, the Article applies the game theoretic concept of the …

Of Grinches, Alchemy And Disinterestedness: The Commission's Magically Disappearing Conflicts Of Interest, G. Ray Warner

Faculty Publications

(Excerpt)

Christmas 1997 has come and gone. Santa, in the form of the National Bankruptcy Review Commission, delivered lots of shiny new toys to the children of bankruptcyland. A few got only switches and lumps of coal, and all of the children wondered whether their new toys would really work.

Mary Megafirm had wanted only one thing from Santa. Over the years, she had grown bigger and bigger, and by now she had pretty much outgrown the old professional qualification rules. She had never much liked that nasty and bothersome "disinterestedness" standard, but in recent years the disinterestedness standard was …

Disparate Effects In The Criminal Justice System: A Response To Randall Kennedy's Comment And Its Legacy, Janai S. Nelson

Faculty Publications

For many African Americans, the criminal justice system symbolizes an oppressive force, and yet, is a necessary institution in an increasingly lawless society. African Americans are at the same time its victims and beneficiaries, although various sentiments exist regarding the extent to which they are either. It is precisely this paradox, coupled with the promulgation of certain criminal legislation and legal precedent which directly and, potentially, adversely affect the African-American community that inspired the author to address the issues and arguments raised in Randall Kennedy's The State, Criminal Law, and Racial Discrimination: A Comment, 107 Harv. L. Rev. 1255 (1994), …

Moderating Investigative Lies By Disclosure And Documentation, Robert P. Mosteller

Faculty Publications

No abstract provided.

Section 10(B) And The Vagaries Of Federal Common Law: The Merits Of Codifying The Private Cause Of Action Under A Structuralist Approach, Edward A. Fallone

Faculty Publications

Few issues in the field of securities law have proved as controversial as the legitimacy and proper application of the implied private cause of action for securities fraud under Section 10(b) of the Securities Exchange Act of 1934 and its regulatory counterpart, Rule 10b-5. The Private Securities Litigation Reform Act of 1995 was expected by many observers to bring about sweeping changes in the implied private cause of action, which critics charge has been abused by overzealous litigants bringing frivolous lawsuits. In his timely article, Professor Fallone argues that most of the Private Securities Litigation Reform Act's changes to the …

“Take The Money And Run – Please”: Severance Payments And Waiver-Of-Claim Clauses Under The Age Discrimination In Employment Act, Alison Barnes

Faculty Publications

No abstract provided.

When Is A State Court Case A Federal Case? Or Can State Trial-Court Cases Of An Appellate Nature Be Taken To Federal Court?, Jay E. Grenig

Faculty Publications

No abstract provided.

Rambo, The Sequel: Does Federal Law Permit An Award Of Nominal Disability Benefits To An Injured Longshoreman To Preserve The Right To Receive Future Benefits?, Jay E. Grenig

Faculty Publications

No abstract provided.

The Limits Of Law In Accomplishing Racial Change: School Segregation In The Pre-Brown North, Davison M. Douglas

Faculty Publications

No abstract provided.

Common Ground: Perspectives On Latino-Latina Diversity, Ediberto Román

Faculty Publications

In academic circles, when one speaks of scholarship, one speaks of scholarly legal publications. While such writing is obviously important for reform as well as for professional self-preservation,, I would take the term scholarship a step further. As true students of the law, we have a status in society that gives us a forum, and as Latinos/as we have an obligation to use our status to affect our communities. I, therefore, strongly support becoming more active by getting our voices heard beyond traditional modes of legal discourse. There are scores of communication mediums, such as newspapers and non-legal journals whose …

The Fictions Of Latin American Law(Part I), Jorge L. Esquirol

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.

The Triumph Of Timing: Raines V. Byrd And The Modern Supreme Court's Attempt To Control Constitutional Confrontations, Neal Devins, Michael A. Fitts

Faculty Publications

No abstract provided.

Accurate Calculation Of Short-Swing Profits Under Section 16(B) Of The Securities Exchange Act Of 1934, Andrew Chin

Faculty Publications

No abstract provided.

Introduction (Symposium: Presidential Power In The Twenty-First Century), Michael J. Gerhardt

Faculty Publications

No abstract provided.

Putting Presidential Performance In The Federal Appointments Process In Perspective, Michael J. Gerhardt

Faculty Publications

No abstract provided.