Law Commons^™

Efficiency And Image: Advertising As An Antitrust Issue, Elizabeth B. Mensch, Alan David Freeman

Journal Articles

No abstract provided.

The Constitutional Catechism Of Antonin Scalia, George Kannar

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No abstract provided.

Return To Europe: Integrating Eastern European Economies Into The European Market Through Alliance With The European Community, Amy Deen Westbrook, David A. Westbrook

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No abstract provided.

On Hegel, On Slavery, But Not On My Head!, Guyora Binder

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This Article, a sequel to “Mastery, Slavery and Emancipation,” amplified its claims that slaves conceptualized freedom primarily in solidaristic terms as social and political participation, and recognition rather than as individual autonomy or economic opportunity. It replied to skeptical objections offered by Critical Race Theorist Kendall Thomas and offered a solidaristic reading of the autobiographies of Fredercik Douglass and Sellah Martin.

A Death In The Delta: The Story Of Emmett Till (Book Review), Raymond T. Diamond

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No abstract provided.

L'Estoppel Et La Protection De La Confiance Légitime: Eléments D'Un Renouveau Du Droit De La Responsabilité (Droit Anglais Et Droit Français), Olivier Moréteau

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When studied in its historical dimension, the English doctrine of estoppel does not anymore appear like a rule of evidence but like a rule of substantive law. It precludes a person from denying a representation he has made whenever another person has been detrimentally relying on the truth of this representation. Estoppel can then be featured as a key concept taking place at the core of the law of obligations, together with the notions of tort, contract, and restitution. Within this province of the law, judges protect the reliance of parties reasonably acting on the faith of other parties’ conduct …

Dedication; Chief Justice John Dixon: Twenty Years In Retrospect, Paul R. Baier

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No abstract provided.

Eec Law: A Practical Guide, Christine Corcos

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No abstract provided.

Constructing An Alternative To "State Action" As A Limit On State Constitutional Rights Guarantees: A Survey, Critique And Proposal, John Devlin

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No abstract provided.

Federal Enclaves And Local Law: Carving Out A Domestic Violence Exception To Exclusive Legislative Jurisdiction, Michael J. Malinowski

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No abstract provided.

An Antitrust Analysis Of Sports League Contracts With Cable Networks, Stephen F. Ross

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This Article discusses the proper antitrust treatment of package sales to cable. Part I considers whether the antitrust laws apply at all to such sales; it concludes that section one of the Sherman Act does apply and that neither the Sports Broadcasting Act of 1961 not baseball's historic exemption from the antitrust laws prevents antitrust scrutiny of these contracts. Part II explains why cable package sales should be analyzed under a rule of reason test focused on the effect of a sale on fan viewership. Finally, Part III responds to several possible objections to the rule of reason standard proposed …

Arbitration And The U.S. Supreme Court: A Plea For Statutory Reform, Thomas E. Carbonneau

Journal Articles

This Article argues for stabilizing and preserving arbitration's necessary and valuable vocation in dispute resolution. It outlines the basic stages in the evolution of the American law of arbitration and studies the underlying motivation of each of its historical phases. It attributes vital significance to the legislative and decisional law developments that led to an early rehabilitation of arbitration in American law, beginning with the enactment of the United States Arbitration Act (FAA) in 1925 and continuing with the ratification of the New York Arbitration Convention and the elaboration of a "hospitable" federal caselaw. Eventually, these developments gave rise to …

On Thinking Theologically About Lawyers As Counselors, Thomas L. Shaffer

Journal Articles

Professor Morgan is more than gracious to me, his colleague in legal ethics. He understands, I think, that our little sub-discipline is an academic youngster—open, as children are, to insight and persuasion, willing to listen to almost anybody. I am grateful to him for his kind reference to my work. Along with other American law teachers, I am grateful for his leadership, critical thought, scholarly discussion, and example as one of the American legal profession's principal teachers of ethics.

My usefulness among commentators on Morgan's Thinking About Lawyers as Counselors, is probably that I write about legal ethics in reference …

Free Speech And Compulsory Union Fees: An Analysis Of Lehnert V. Ferris Faculty Association, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Lehnert v. Ferris Faculty Ass'n, 500 U.S. 507 (1991). The author expected the case to address the line between those types of activities that effectuate a union's duties as collective bargaining representative, and thus can be charged to non-members, and those activities that are not related to collective bargaining and therefore are not chargeable to objecting non-members.

Concluding Reflections, John M. Finnis

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A symposium to which one person contributes three extended papers is no unmixed pleasure for readers. This third contribution of mine will interest only those curious to see my response to other symposiasts' comments on my earlier efforts (in the symposium and elsewhere). To enable this curiosity to be satisfied as costlessly as possible, I divide these concluding reflections by authors rather than themes, though with priorities suggested by themes rather than authors.

Symposium: Law And The Continuing Enterprise: Perspectives On Rico: Foreword, G. Robert Blakey

Journal Articles

The past twenty years witnessed a sea change in the way that organized crime is investigated, prosecuted, and sanctioned, both criminally and civilly. RICO allowed the law to catch up with the rest of society. In the twentieth century, organizations, not people, control the important elements of society such as: government, commerce and labor. Until the passage of RICO, organizations as such were seldom the fcus of the law-outside of, perhaps, the antitrust statutes. This is no longer true.

RICO, however, is not limited to the activities of traditional Mafia families. It does not matter to a racketeering victim what …

What's Next?: The Future Of Rico, G. Robert Blakey, John C. Coffee, Paul E. Coffey, L. Gordon Crovitz

Journal Articles

Editor's Note: After the presentation of the articles, the symposium concluded with a structured debate and an open discussion. The participants in the debate were Professor Blakey and Mr. Crovitz. The ensuing discussion was moderated by Professor Coffee and featured Professor Blakey, Mr. Coffey, and Mr. Crovitz, as well as questions from the audience. The edited transcript is presented here.

Ancillary Discovery To Prove Denial Of Justice, Roger P. Alford

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Today foreign investors have a new and powerful weapon to challenge denial of justice. Bilateral investment treaties (BITs) require “fair and equitable treatment” consistent with customary international law, including “the obligation not to deny justice in criminal, civil, or administrative adjudicatory proceedings in accordance with the principles of due process embodied in the principle legal systems of the world.” Those treaties also create a private right of action, empowering investors with the right to initiate international arbitral proceedings directly against the host State. BITs provide the substance and the means for the effective review of judicial behavior. These treaties do …

The Prospects For Enforcing Monetary Judgments Of The International Court Of Justice: A Study Of Nicaragua's Judgment Against The United States, Mary Ellen O'Connell

Journal Articles

In March 1988, Nicaragua's Sandinista government asked the International Court of Justice ("ICJ") to order the United States to pay $12 billion for violations of international law, as determined by the Court in June 1986. Before the Court could rule, however, the Sandinistas were voted out of office in national elections on February 25, 1990. Nicaragua's new government has recently indicated that it does not intend to give up the claim but will seek a settlement of the judgment with the United States government. But if the parties cannot reach a voluntary settlement, can Nicaragua enforce an ICJ judgment against …

The Legal Ethics Of Fear: On The 1904 Report Of The Committee On Legal Ethics Of The Georgia Bar Association, Thomas L. Shaffer

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It would be possible for me now to round off a courteous comment on the 1904 Report with a disquisition on gentleman's ethics in the legal profession. That would have been a less novel thing to do in 1904 than it is now, but at either time it can be supposed to have been expected and, by and large, understood. But I think we can learn more from the 1904 Report by taking a more contentious and somber look at Branham's words. I suggest that what the report shows is unpleasant, that the legal ethic recommended there to Georgia lawyers …

Rings And Promises, Margaret F. Brinig

Journal Articles

The diamond ring rapidly changed from a relatively obscure token of affection to what amounted to an American tradition. It is customary to explain such a shift in demand in terms of an increase in income, a change in relative prices, or a change in tastes. This assumes a stable legal setting that contracts are enforceable. But if the enforceability of a contract is problematic, what formerly was a relatively costly (hence unused) form of private ordering may become more viable (Kronman: 5). This paper looks at the change in America's demand for diamonds during the period 1930-1985, not as …

Foreword: Debunking Rico's Myriad Myths, G. Robert Blakey

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Foreword: In January of 1931, Warner Brothers-First National released a film entitled Little Caesar. Based on a book by W. R. Burnett, the movie, loosely portraying the life of Alphonse Capone, starred Edward G. Robinson in its title role, Caesar Enrico Bandello, also known as "Little Caesar," or “Rico.” Robinson, as he lies dying, utters one of the most famous end lines in film history: “Mother of Mercy–is this the end of Rico?” Likewise, no one who looks at this Symposium–or others7-or the seemingly inevitable march of RICO reform (chloroform?) legislation through Congress–or the endless efforts of the federal …

On Checking The Artifacts Of Canaan: A Comment On Levinson's "Confrontation", Thomas L. Shaffer

Journal Articles

My friend Levinson has been prominent of late among constitutional scholars who use religious metaphors to describe the curious American political experiment. In the image he uses, we lawyers are priests in the practice of a constitutional faith; the federal constitution is our scripture, our creed, and our oath. Levinson, though, is not a television evangelist or street preacher. He is, instead, a theologian. He is unique in the honesty and thoroughness he brings to the discussion-as evidenced here by his looking at the possibility that we priests of the American constitutional faith have another faith to take into account …

Meeting The Diverse Needs Of The Poor, David T. Link, Harry Specht, Gregory Evans

Journal Articles

Forums such as this develop our understanding of current efforts to bring about positive change for America's poor. The Journal's compilation and dissemination of important, thoughtful essays on poverty is laudable.

The one thing that is clear about the poor and the homeless is that their problems are multi-faceted. No one theory or group can provide all the solutions. People are poor and homeless for a wide variety of reasons, and they need different kinds of help. Providing more income assistance will not cure poverty, and providing more housing will not remedy homelessness. Neither the public nor the private sector …

West German Constitutionalism And Church-State Relations, Donald P. Kommers

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The complex structure of church-state relations in West Germany arises out of numerous provisions of the Basic Law that combine features of both separation and accommodation. The Basic Law's separationist features are expressed in various guarantees of religious liberty and in the ban on the establishment of a state church. Its accommodationist features appear in constitutional provisions on religious education as well as in articles, taken over from the Weimar Constitution, that confer upon the established churches a special juridical status enjoyed by no other nongovernmental entity. The arguably diverse goals of the religion clauses are difficult to reconcile, creating …

Legal Ethics After Babel, Thomas L. Shaffer

Journal Articles

Legal ethics owes as much to Richard M. Nixon as it does to philosophy. The rebirth of legal ethics in the last decade is one of many consequences, although possibly the most obscure, of the burglary at the Watergate Hotel in 1972. The criminal politics that destroyed Mr. Nixon's presidency summoned American lawyers to a serious, systematic examination of the morals of their craft.

Natural Law And Legal Reasoning, John M. Finnis

Journal Articles

Much academic theory about legal reasoning greatly exaggerates the extent to which reason can settle what is greater good or lesser evil, and minimizes the need for authoritative sources which, so far as they are clear and respect the few absolute moral rights and duties, are to be respected as the only rational basis for judicial reasoning and decision, in relation to the countless issues which do not directly involve those absolute rights and duties. A natural law theory in the classical tradition makes no pretense that natural reason can determine the one right answer to those countless questions which …

Consent, Legitimacy And Elections: Implementing Popular Sovereignty Under The Lockean Constitution, James A. Gardner

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No abstract provided.

Litigation Across Space And Time: Courts, Conflict, And Social Change, David M. Engel

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One of the problems facing researchers who have studied courts across time and space has been the cultural variability of seemingly uniform analytic categories, including conceptions of time and space themselves. This article proposes that we take such variations in meaning as a starting point for comparative studies of courts and social change rather than viewing them as were "noise" in the system. Litigation in Chiangmai, Thailand, is presented as an example. Changing conceptions of "space" in Thailand from the nineteenth century to the present illustrate the transformation of legal and political authority as well as the proliferation of normative …

Dispute Processing And A Longitudinal Approach To Trial Courts, Lynn Mather

Journal Articles

This article suggests ways to integrate the insights and findings of two rather distinct fields: docket-based, longitudinal studies of trial courts and studies of dispute processing. In particular, I argue that longitudinal research on courts would benefit enormously from the incorporation of concepts and data on dispute processing. For example, instead of taking court cases as the starting point for study, longitudinal research should explore the multistage and transformative nature of disputing. Historical data should also be collected on the nature of the relationships between opposing litigants, on the roles played by participants other than the litigants (lawyers, supporters, audiences, …