Law Commons^™

An Antidote To Anecdotes, Neil Vidmar

Faculty Scholarship

Reviewing, Frank A. Sloan, et al., Suing for Medical Malpractice (1993)

Bonding, Structure And The Stability Of Political Parties: Party Government In The House, Gary W. Cox, Mathew D. Mccubbins

Faculty Scholarship

The public policy benefits that parties-deliver are allocated by democratic procedures that devolve ultimately to majority rule. Majority-rule decision making, however, does not lead to consistent policy choices; it is "unstable." In this paper, we argue that institutions - and thereby policy coalitions -- can be stabilized by extra-legislative organization. The rules of the Democratic Caucus in the U.S. House of Representatives dictate that a requirement for continued membership is support on the floor of Caucus decisions for a variety of key structural matters. Because membership in the majority party’s caucus is valuable, it constitutes a bond, the posting of …

Jag Goes To War: The Desert Shield Deployment, Scott L. Silliman

Faculty Scholarship

No abstract provided.

A Manifesto Concerning The Legal Protection Of Computer Programs, Jerome H. Reichman

Faculty Scholarship

No abstract provided.

Pap And Circumstance: What Jury Verdict Statistics Can Tell Us About Jury Behavior And The Tort System, Neil Vidmar

Faculty Scholarship

No abstract provided.

Why Cases Under The Guarantee Clause Should Be Justiciable, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

William Gardiner Hammond And The Lieber Revival, Paul D. Carrington

Faculty Scholarship

No abstract provided.

The Alchemy Of Asset Securitization, Steven L. Schwarcz

Faculty Scholarship

No abstract provided.

Sex, Lies, And Dissipation: The Discourse Of Fault In A No-Fault Era, Katharine T. Bartlett, Barbara Bennett Woodhouse

Faculty Scholarship

No abstract provided.

Repealing The Law Of Unintended Consequences? Comment On Walker (2), Thomas D. Rowe Jr.

Faculty Scholarship

Commentary on, Laurens Walker, Avoiding Surprise From Federal Civil Rule Making: The Role of Economic Analysis, 23 Journal of Legal Studies 569 (1994).

The Reversal Arbitration Board: An Adr Model For Resolving Intra-Corporate Disputes, Neil Vidmar, René Stemple Ellis, Geetha Ravindra, Thomas Davis

Faculty Scholarship

No abstract provided.

Only Girls Wear Barrettes: Dress And Appearance Standards, Community Norms, And Workplace Equality, Katharine T. Bartlett

Faculty Scholarship

No abstract provided.

From The Editor: It’S The Network!, Richard A. Danner

Faculty Scholarship

No abstract provided.

Legal Education For The People: Populism And Civic Virtue, Paul D. Carrington

Faculty Scholarship

No abstract provided.

Lost Opportunity: The Burger Court And The Failure To Achieve Equal Educational Opportunity, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

The First Amendment: When The Government Must Make Content-Based Choices, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Constitutional Power And National Health Care, Christopher H. Schroeder

Faculty Scholarship

No abstract provided.

Legal Hybrids Between The Patent And Copyright Paradigms, Jerome H. Reichman

Faculty Scholarship

No abstract provided.

Haymarket: Whose Name The Few Still Say With Tears, A Dramatization In Eleven Scenes, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Looking To The Future Of Mass Torts: A Comment On Schuck And Siliciano, Francis Mcgovern

Faculty Scholarship

No abstract provided.

An Analysis Of Mass Torts For Judges, Francis Mcgovern

Faculty Scholarship

No abstract provided.

Small Numbers, Big Problems, Black Men, And The Supreme Court: A Reform Program For Title Vii After Hicks, Jerome Mccristal Culp Jr.

Faculty Scholarship

No abstract provided.

Hate Crimes, Homosexuals, And The Constitution, Anthony S. Winer

Faculty Scholarship

This Article begins with an analysis of certain features of the Equal Protection Clause of the Fourteenth Amendment and demonstrates that this clause establishes a fundamental right to the equal benefit of laws protecting personal security. Laws protecting personal security must be applied evenhandedly. Any discriminatory application of such laws is presumptively invalid under the Equal Protection Clause. This Article next shows that gay men and lesbians are among the most common victims of hate crime, that hate crimes against gays and lesbians are significant, persistent and widespread, and that gays and lesbians have a substantial stake in the manner …

Afterword: Shaw V. Reno, Robinson O. Everett

Faculty Scholarship

No abstract provided.

Impeachment And Rehabilitation Under The Maryland Rules Of Evidence: An Attorney's Guide, Paul W. Grimm

Faculty Scholarship

No abstract provided.

Sameness And Subordination: The Dangers Of A Universal Solution, Susan P. Sturm

Faculty Scholarship

Judges, Behavioral Scientists, and the Demands of Humanity grapples with one of the most pressing and difficult challenges of our time – how to overcome deep and enduring conflicts that currently divide our community. Professor Burt offers insights into the importance of empathy and identification in breaking down the categories that we use to distance ourselves from the humanity of others and to justify oppression of those we define as outsiders. His solution is hopeful, almost noble. He exhorts judges, social scientists, and by implication, all of us to be our best selves, to focus on how we are part …

Chief Justice Rehnquist, Pluralist Theory, And The Interpretation Of Statutes, Thomas W. Merrill

Faculty Scholarship

Chief Justice William H. Rehnquist is often viewed as the ultimate "political" judge. According to Mark Tushnet, for example, "[o]ne could account for perhaps ninety percent of Chief Justice Rehnquist' s bottom-line results by looking, not at anything in the United States Reports, but rather at the platforms of the Republican Party." Nowhere is this attitude more prevalent than with respect to issues of statutory interpretation. When I informed colleagues I was working on an article about Chief Justice Rehnquist's theory of statutory interpretation, the almost universal response was: "What theory?"

Contrary to the common view that Chief Justice Rehnquist …

Democracy And Domination In The Law Of Workplace Cooperation: From Bureaucratic To Flexible Production, Mark Barenberg

Faculty Scholarship

In May of 1993, President Clinton's Commission for the Future of Worker-Management Relations began its investigation of whether a major overhaul of United States labor law is necessary to encourage high-performance workplaces and labor-management cooperation. Even if its recommendations, due in November 1994, do not yield immediate congressional fruit, the Commission's work is likely to influence the study and politics of labor law reform for some time to come. The Commission is chaired by John Dunlop, the eminent labor-relations specialist and former Secretary of Labor. Its membership includes some of the nation's foremost academic and political proponents of far-reaching labor …

Taking Subsidiarity Seriously: Federalism In The European Community And The United States, George A. Bermann

Faculty Scholarship

For a principle that has dominated discussions of European federalism for over five years, subsidiarity has received surprisingly poor academic mention. Subsidiarity has been criticized as "inelegant . . .Eurospeak," "the epitome of confusion," and simple "gobbledegook." It has been described by some as nothing new and by others as quite novel and actually quite dangerous. The President of the Commission of the European Communities, said to be an enthusiast of subsidiarity, finds it used at times as an "alibi," and more specifically as "a fig leaf ... to conceal [an] unwillingness to honour the commitments which have already been …

Disputing Through Agents: Cooperation And Conflict Between Lawyers In Litigation, Ronald J. Gilson, Robert H. Mnookin

Faculty Scholarship

Do lawyers facilitate dispute resolution or do they instead exacerbate conflict and pose a barrier to the efficient resolution of disputes? A distinctive characteristic of our formal mechanisms of conflict resolution is that clients carry on their disputes through lawyers. Yet, at a time when the role of lawyers in dispute resolution has captured not only public but political attention, social scientists have remained largely uninterested in the influence of lawyers on the disputing process. This is not to say that academics have ignored the growth in civil litigation in the United States. Economists have developed an extensive literature that …