Law Commons^™

Equal Rights To Trial For Women: Sex-Bias In The Law Of Self-Defense, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Meeting The Equal Credit Opportunity Act's Specificity Requirement: Judgmental And Statistical Scoring Systems, Winnie F. Taylor

Faculty Scholarship

No abstract provided.

Defining The Role Of The Physician: Medical Education, Tradition, And The Legal Process, Robert L. Schwartz

Faculty Scholarship

The professional conflict and animosity that have developed between the legal and medical professions are symptomatic of something that is basic and disturbing to the traditional science and practice of medicine. Even a cursory review of the literature will reveal that physicians, lawyers, philosophers, and others (with greater or lesser degrees of insight and awareness) are currently engaged in serious reevaluations of such concepts as the definition of medicine as science and/or art, the structure and administration of effective medical curricula, and the goals of the medical profession itself. Such analyses require not only that physicians evaluate what they ought …

The First Amendment And The Free Press: A Comment On Some New Trends And Some Old Theories, William W. Van Alstyne

Faculty Scholarship

Responding to the trend of media rights being subjugated through the legal process, this article examines Justice Stewart's suggestion that the media should be treated with extra deference in First Amendment cases. This examination looks at the sufficiency of the press's claim of judicial harshness, whether the press should be treated differently than other speakers, and also compares press freedom in foreign nations.

Rape Victim Shield Laws And The Sixth Amendment, J. Alexander Tanford, Anthony J. Bocchino

Faculty Scholarship

No abstract provided.

Unraveling The Sagebrush Rebellion: Law, Politics And Federal Lands, John D. Leshy

Faculty Scholarship

No abstract provided.

Using The Freedom Of Information Act As A Discovery Device, David I. Levine

Faculty Scholarship

No abstract provided.

Constitutional Privacy In Psychotherapy, Steven R. Smith

Faculty Scholarship

No abstract provided.

Annual Report Of The Electric Power Committee, J. David Prince

Faculty Scholarship

This is the annual report of the Electric Power Committee for 1980. It reports on legislative and judicial developments, and issues relevant to the Electric Power Committee.

Mathematical Models And Legal Realities: Some Comments On The Poisson Model Of Jury Behavior, David H. Kaye

Faculty Scholarship

While a mathematical model cannot reflect all the elements of reality, modeling involves drastic simplifications, and those expounding the mathematical model would recognize the complexity of the elements. This article illuminates this cause with a mathematical model that seems to be in vogue, developed by the renowned mathematician Simeon Poisson. It reviews the Poisson model in order to enucleate its many assumptions. It also explains why these assumptions may introduce serious errors into the probabilities calculated according to the model. It also indicates one reason that even a relatively error free model would have limited usefulness in resolving the constitutional …

The Anatomy Of Products Liability In Minnesota: Principles Of Loss Allocation, Michael K. Steenson

Faculty Scholarship

In this article, Professor Steenson continues the discussion that began in The Anatomy of Products Liability in Minnesota: The Theories of Recovery, appearing in the last Issue of the William Mitchell Law Review, by shifting the analytical focus to the problems involved in allocating awards among the parties in Minnesota products liability cases. Professor Steenson analyzes defenses, contribution and indemnity, and the impact of Minnesota's comparative fault act on products liability law.

International Adjudication: Embassy Seizure–United States V. Iran, Joel R. Paul

Faculty Scholarship

No abstract provided.

Reflections On Convenience Translations: A Reply To Professor Brooks, William K.S. Wang

Faculty Scholarship

No abstract provided.

The Anatomy Of Products Liability In Minnesota: The Theories Of Recovery, Michael K. Steenson

Faculty Scholarship

The law of products Iiability has undergone a dramatic evolution since MacPherson v. Buick Motor Co. As a result of this rapid development, substantial uncertainty as to the scope of liability of product manufacturers and sellers exists. The purpose of this Article is to eliminate some of that confusion. After tracing the history and development of the law of products liability in Minnesota, the author discusses the various elements and standards of strict Iiability. Finally, the author proposes several jury instructions that help clarify the relationship between strict liability and negligence. Throughout the Article, Minnesota is used as a model …

E. Wayne Thode - 1920-1980, Frank W. Elliott

Faculty Scholarship

Wayne Thode made equal contributions to the development of law students. He was loved and admired by all the students with whom he came into contact and particularly those during his short stay at Texas Tech.

The French Legal Studies Curriculum: Its History And Relevance As A Model For Reform, Thomas E. Carbonneau

Faculty Scholarship

This article attempts to describe and analyze those events which fostered the historical metamorphosis of the French legal studies curriculum. The predominance of a broad academic approach to law and the concomitant absence of a narrow "trade school" mentality in the French law schools might be attributed to the general organization of higher education in France. One of the primary contentions of this article is that the fundamental character of French legal education, which emphasizes the educating of jurists as opposed to the training of lawyers, is the product of a set of factors which are deeply rooted in French …

The Insanity Defense In Juvenile Delinquency Proceedings, Maxine M. Harrington, Ann O'Regan Keary

Faculty Scholarship

The insanity defense in delinquency proceedings poses an important legal dilemma concerning the rights of children in the juvenile justice system. Indeed, beyond the purely legal concerns of the rights of an accused juvenile, the concept of criminal responsibility in the context of juvenile court proceedings raises perhaps an even more important issue of what is the best model for dealing with mentally ill juvenile offenders, both from the juvenile's viewpoint and that of society as a whole. It is our opinion that not only does the insanity defense have an appropriate role in juvenile proceedings, but that legal as …

Legal Aspects Of Changing University Investment Strategies, George C. Christie

Faculty Scholarship

Until the early 1970's most private colleges and universities followed conservative investment strategies. To better finance the expanding scope of higher education, many private colleges and universities then began to move increasingly toward common stock. The total return on common stock in the seventies, however, proved insufficient to meet increasing budgetary requirements. In 1978, Duke University, following the lead of other private institutions, further diversified its portfolio by investing $2.16 million of unrestricted endowment funds in unimproved real property. In an analysis applicable to many private colleges and universities across the nation Prof. Christie assesses the legality of this strategy …

Panel I: A Fresh Look At Federal Regulatory Strategies, Roberta S. Karmel, Richard B. Smith

Faculty Scholarship

No abstract provided.

Accreditation Revisited: Aba Reexamination Of Approved Law Schools, Steven R. Smith

Faculty Scholarship

No abstract provided.

Judicial Supervision Of Transnational Commercial Arbitration: The English Arbitration Act Of 1979, William W. Park

Faculty Scholarship

Present day interaction between court and arbitrator is reminiscent of the seventeenth century struggle between court and crown, in which King James I claimed that his representatives should have the right to adjudicate disputes according to "natural reason," not according to the "artificial ... judgment of the law." The Lord Chief Justice, Edward Coke, resisted this arrogation of power using words attributed to Bracton: "quod Rex non debet esse sub homine, sed sub Deo et lege." Although under no man, the King was subject to God and the law. The extent to which the modern commercial arbitrator should likewise be …

Managing Risks To Health, Safety And Environment By The Use Of Alternatives To Regulation, Michael S. Baram, David Sandberg, Larry Dufault, Kevin Mcallister

Faculty Scholarship

The management of risks to health, safety and environment is one of the central concerns of our society. This important function has been largely delegated to federal regulatory agencies which, over the last decade, have tried to respond to the difficult mandate of managing risk under conditions of technical uncertainty by implementing complex regulatory programs. The federal government is now grappling with the design and implementation of various regulatory reforms to lessen economic burdens and to harmonize regulation with marketplace considerations, because of growing opposition to further regulation.

What has been left unpromoted as a reform thus far is the …

Fathers Anonymous: Beyond The Best Interests Of The Sperm Donor, George J. Annas

Faculty Scholarship

Alex Haley concludes his international best seller, Roots, with the burial of his father in Little Rock, Arkansas. Walking away from the graveside he ponders the past generations, observing "I feel that they do watch and guide." The book inspired whole industries devoted to the development of family trees, and locating one's "roots" has become somewhat of an obsession with many. Because of the current secrecy surrounding the practice of Artificial Insemination Donor (AID), there are an estimated 250,000 children conceived by AID (at the rate of 6-10,000 annually in the United States) who will never be able to find …

The Care Of Private Patients In Teaching Hospitals: Legal Implications, George J. Annas

Faculty Scholarship

In Herman Melville's novel Moby Dick Ishmael searches for knowledge in diverse ways; he views the world not only through his senses but symbolically and metaphorically. At one point, he is tied to the pagan harpooner Queequeg by a "monkey-rope," and it is his duty to use this rope to pull Queequeg free from the sharks surrounding the dead whale that Queequeg is butchering when Queequeg slips from his perch atop the whale. Should he fail, Queequeg's weight will pull them both into the shark-filled waters. Ishmael ponders: "I seemed distinctly to perceive that my own individuality was now merged …

Placing Pro Bono Publico In The National Legal Services Strategy, Mark N. Aaronson, Charles F. Palmer

Faculty Scholarship

No abstract provided.

Investigative Stops In High Crime Areas, Richard A. Gonzales

Faculty Scholarship

This article questions what constitutes reasonable suspicion of criminal activity particularly within high crime area. Some of the referenced cases:

• People v. Cantor, 36 N.Y.2d 106, 365 N.Y.S.2d 509, 324 N.E.2d 872 (1975)
• U.S. v. Magda, 409 F.Supp. 734,740 (S.D. N.Y. 1976)
• Terry v. Ohio, 392 U.S. 1 ( 1968)
• Sibron v. New York, 392 U.S. 40 ( 1968)
• U.S. v. Brignoni-Ponce, 422 U.S. 873 (1975)
• U.S. v. Flores, 462 F. Supp. 702 (E.D. NS. 1978)
• U.S. v. Oates, 560 F.2d 45, 49 (2d Cir. 1977)
• U.S. v. Constantine, 567 F.2d 266 ( 4th Cir. 1977)
• People v. Bower, 24 …

The Mccarthy Era: History As Snapshot, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Corporate Crime And Punishment: A Non-Chicago View Of The Economics Of Criminal Sanctions, John C. Coffee Jr.

Faculty Scholarship

In this article, Professor Coffee argues that fines are an inefficient means by which to deter organizational crimes. Instead, he urges a focus on the individual decision-maker and a system of competitive bids with respect to the choice of a fine as an alternative punishment.

Trade In Place Of Migration, Jagdish N. Bhagwati

Faculty Scholarship

This is a very useful and welcome study, sponsored by the World Employment Programme of the I.L.O., of the effects that increased trade flows could have on the level of employment in one “receiving country,” West Germany, and two sending countries, “Spain and Turkey,” and their implications for immigration policies.

Rebuttal: The Individual Or The Firm? Focusing The Threat Of Criminal Liability, John C. Coffee Jr.

Faculty Scholarship

I cannot disagree with much of what Mr. Crane has said in his very articulate presentation. One must be careful about trying to prove too much. I have not argued against individual criminal liability, but I do not believe we can rely on it exclusively. Let me therefore confine my reply to this question and to Mr. Crane's criticisms of my equity fine proposal.