Law Commons^™

Wisconsin’S Modified, Modified Comparative Negligence Law, John J. Kircher

Faculty Publications

No abstract provided.

Peace Between The Sexes: Law And Gender In Kramer Vs. Kramer, David Ray Papke

Faculty Publications

No abstract provided.

For Whom Is The Statute Tolled? May The Doctrine Of Equitable Tolling Be Applied To Income Tax Refund Cases?, Jay E. Grenig

Faculty Publications

No abstract provided.

Are Supervisory Law Enforcement Officers Entitled To Overtime Under The Fair Labor Standards Act?, Jay E. Grenig

Faculty Publications

No abstract provided.

“Brian Degen, Won't You Please Come Home”: Can The Government Seize Millions Of Dollars In Property Because Its Owner Will Not Return To The United States For Trial?, Jay E. Grenig

Faculty Publications

No abstract provided.

Health Insurance Coverage For High-Cost Health Care: Reflections On The Rainmaker, Robert H. Jerry Ii

Faculty Publications

This article reflects upon the film "The Rainmaker" and analyzes how the health insurance coverage problems that it addresses take us to the vortex of some of the most difficult issues facing our nation's health care system.

Antitrust And The Telephone Industry After The Telecommunications Act Of 1996, George J. Alexander

Faculty Publications

No abstract provided.

“Stipulate? We Don't Need No Stinking Stipulation!”: Can The Prosecution Be Forced To Stipulate To Facts That It Would Rather Prove?, Daniel D. Blinka

Faculty Publications

No abstract provided.

First, Do No Harm: Why Doctors Are Not Omnipotent Under The Americans With Disabilities Act, Sharona Hoffman

Faculty Publications

This article argues that employers are not shielded from liability under the ADA if they rely upon the advice of a doctor in making an adverse employment decision.

Mandatory Arbitration: Alternative Dispute Resolution Or Coercive Dispute Suppression?, Sharona Hoffman

Faculty Publications

The enforceability of mandatory arbitration policies contained in employment contracts between employees and their direct employers remains an open question, even after the Supreme Court's 1991 decision in Gilmer v. Interstate Johnson Lane Corp. While Gilmer gave effect to a mandatory arbitration clause in a contract between a securities broker and his licensing exchange, the Court noted that the contract at issue was not an ordinary employment contract between employer and employee. The Court declined to decide whether arbitration agreements in ordinary employment contracts are per se enforceable under the Federal Arbitration Act or whether these provisions are exempt from …

United States Supreme Court: 1995 & 1996 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.

Introduction To Symposium, The New Federalism After United States V. Lopez, Jonathan L. Entin

Faculty Publications

Introduction to Symposium, The New Federalism After United States v. Lopez, Cleveland, Ohio, 1996.

The After-Acquired Evidence Rule: The Best Of All Possible Worlds?, Sharona Hoffman

Faculty Publications

No abstract provided.

Heading Back To The Thicket, Richard C. Reuben

Faculty Publications

No abstract provided.

Quality Of Mercy Must Be Restrained, And Other Lessons In Learning To Love The Federal Sentencing Guidelines, Frank O. Bowman Iii

Faculty Publications

In the remarks that follow, I do four things. First, for those unfamiliar with the Federal Sentencing Guidelines, I begin by explaining briefly how the Guidelines work. Second, I endeavor to show why Judge Cabranes is wrong, absolutely wrong in declaring the Guidelines a failure, and mostly wrong in the specific criticisms he and others level against the Guidelines. Third, after jousting with Judge Cabranes a bit, I discuss some problems with the current federal sentencing system, most notably the sheer length of narcotics sentences. Finally, I comment briefly on some of the implications of the Guidelines, and the principles …

Once A Century: Time For A Structural Overhaul Of The Federal Courts, Martha Dragich

Faculty Publications

In this Article, I describe a structure capable of accommodating growing caseloads in a manner consistent with basic values of appellate justice. Before doing so, I sketch in Part I the structural evolution of the federal courts. Part II describes the current pressures on the courts of appeals, while Part III examines the effects of internal reforms on the quality of appellate justice and the development of a coherent body of national law. Next, in Part IV, I posit requirements for the federal courts' third century. Part V reviews major proposals to address the caseload crisis in the courts of …

Trademark Parody: Lessons From The Copyright Decision In Campbell V. Acuff-Rose Music, Gary Myers

Faculty Publications

Parodies have long provided many of us with amusement, entertainment,and sometimes even information. An effective parody can convey one or more messages with powerful effect. The message may be a political statement, social commentary, commercial speech, a bawdy joke, ridicule of a brand name, criticism of commercialism, or just plain humor for its own sake. Often someone's ox is being gored, or someone feels that a property right has been infringed. The party so injured often contemplates a lawsuit, and an array of legal theories are available to further that impulse. Perhaps copyright infringement is the claim, if some protectable …

Defamation, Reputation, And The Myth Of Community, Lyrissa Lidsky

Faculty Publications

The complex interaction between defamation, reputation, and community values defines the tort of defamation. A defamatory communication tends to harm a plaintiff's reputation in the eyes of the plaintiff's community. Thus, to determine whether a given statement is defamatory, courts must first identify the plaintiff's community and its norms - an inquiry that presents both theoretical and doctrinal difficulties in a heterogeneous and pluralistic society. Current approaches to identifying the plaintiff's community are particularly inadequate in two common types of cases: (1) cases in which the plaintiff belongs to a subcommunity espousing different values than those prevailing generally, and (2) …

Survey Results: Use Of Durable Powers, David M. English

Faculty Publications

The use of durable powers of attorney (DPA) has developed rapidly over the last decade. This growth reflects the public's desire for a simple and effective method of planning for possible incapacity. Although there are other planning tools, individuals frequently prefer the DPA. It is more comprehensive and provides greater certainty of result than does a joint bank account. A DPA is much easier to create than a revocable trust. By using a DPA, one can avoid an intrusive and possibly cumbersome guardianship or conservatorship proceeding.

The Effect Of Criminal Conduct Upon Refugee And Asylum Status, Evangeline G. Abriel

Faculty Publications

No abstract provided.

Mothers Who Kill: Coming To Terms With Modern American Infanticide, Michelle Oberman

Faculty Publications

No abstract provided.

A Constitutional Bibliography, Thomas E. Baker

Faculty Publications

No abstract provided.

The Role Of Convertible Securities In Corporate Finance, George W. Dent

Faculty Publications

This Article examines theories supporting the use of convertible secyrutues and finds them insufficient even for public companies, to which they are supposed to apply. They fare worse yet for private firms which use convertibles even more frequently. Indeed, no one theory explains all uses of convertibles. Convertibles can reduce agency costs by reconciling differences in risk aversion and diminishing managers' exploitation of investors, but they can also promote managers' interests at the expense of shareholders. The mix of factors varies from case to case. Thus, the role of convertibles proves complex and diverse. After describing convertible securities (part II) …

Medical Advocates: A Call For A New Profession, Maxwell J. Mehlman

Faculty Publications

No abstract provided.

Model Codes And Tax Technical Assistance: Note On The Revised Edition Of The Basic World Tax Code And Commentary, Richard K. Gordon

Faculty Publications

No abstract provided.

Merciful Juries: The Resilience Of Jury Nullification, Alan Scheflin, Jon M. Van Dyke

Faculty Publications

No abstract provided.

Nullification In The Nineties, Alan Scheflin

Faculty Publications

No abstract provided.

Improving Access To Food In Low-Income Communities: An Investigation Of Three Bay Area Neighborhoods, Edward Steinman, Kenneth Hecht

Faculty Publications

This report seeks to describe and analyze that dysfunction as it manifests itself in three low-income neighborhoods in San Francisco and Oakland. It does not examine the causes nor scope of poverty in those communities nor does it intend to estimate or describe the prevalence of hunger. These measures are amply documented in a 1995 report on hunger and the problem of food "insecurity" commissioned by the California Senate Office of Research and, in 1993 and 1994, reports on hunger from the Alameda County Community Food Bank and San Francisco Food Bank, respectively. Rather, this report treats poverty, hunger and …

A Biologic Argument For Gay Essentialism-Determinism: Implications For Equal Protection And Substantive Due Process, E. Gary Spitko

Faculty Publications

Classifications, like race, that historically have been used to saddle certain people with disabilities on the basis of a characteristic that otherwise would be irrelevant to an individual's ability to contribute to society are inherently suspect as more likely to have been the product of irrational prejudice and, thus, are deserving of heightened equal protection scrutiny. Thus, in adjudicating whether a sexual orientation classification is deserving of heightened equal protection scrutiny, a court should ask only whether gay people have suffered a history of discrimination and whether their sexual orientation says anything about their ability to contribute to society.

The …

Liberty, Trade, And The Uniform Commerical Code: When Should Default Rules Be Based On Business Practices?, Kerry L. Macintosh

Faculty Publications

No abstract provided.