Law Commons^™

Smart Growth And Sustainable Development: Threads Of A National Land Use Policy, Patricia E. Salkin

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No abstract provided.

The Smart Growth Agenda: A Snapshot Of State Activity At The Turn Of The Century, Patricia E. Salkin

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No abstract provided.

Employer Beware? Enforcing Transnational Labor Standards In The United States Under The Alien Tort Claims Act, Sarah J. Adams-Schoen

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The Alien Tort Claims Act (ATCA) arguably allows non-U.S. citizens to bring claims for violations of customary international law (CIL). Although CIL litigation typically embraces only egregious human rights violations, the scope of CIL actually encompasses all universally recognized rights, including some labor rights. This Comment explores the possibility that the ATCA may be used to litigate claims by non-U.S. citizens alleging violations of international labor rights. It concludes that the Act likely provides a vehicle for aggrieved employees to bring suit in U.S. court for violations of international labor standards. Finally, this Comment recognizes that the impact of ATCA …

Lessons From The Damages Decisions Following United States V. Winstar Corp., Rodger D. Citron

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No abstract provided.

Express Warranty As Contractual - The Need For A Clear Approach, Sidney Kwestel

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No abstract provided.

New Issues Arising Under Section 1983, Martin A. Schwartz

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No abstract provided.

Civil Litigation From Litigants' Perspectives: What We Know And What We Don't Know About The Litigation Experience Of Individual Litigants, Tamara Relis

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This study of the entire phenomenon of civil litigation commenced with the sole aim of ascertaining the extant gaps in the available knowledge about litigation from the perspectives of those who are by far affected most by it: the litigants. What does litigation mean for those who are directly embroiled and whose lives may consequently be radically transformed? Serious lacunas exist. However, extensive readings worldwide throughout the research process result in a stark elucidation of an overlooked, yet crucially important and somewhat egregious state of affairs, making surprisingly clear just how pernicious litigation is for the average 'nonrepeat player'.

Sprawl, Growth Boundaries And The Rehnquist Court, Michael Lewyn

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The most stringent anti-sprawl measure adopted by any American state is Oregon's urban growth boundary (UGB) program. Urban growth boundaries are lines on maps within which high-density development is encouraged, and beyond which such development is generally forbidden. Outside the boundary, rural industries (such as logging) and open space are promoted. This Article focuses on three issues: whether UGBs are constitutional under recent Supreme Court case law, (2) whether the UGB has in fact saved Portland (Oregon's largest city) from the social problems caused by sprawl, and (3) whether the side effects of UGBs make them a cure worse than …

A Restatement Of Rabbinic Civil Law, Volumes Vii And Viii, By Emanuel Quint (Book Review), Samuel J. Levine

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In Volumes VII and VIII of A Restatement of Rabbinic Civil Law, Rabbi Emanuel Quint follows admirably in the path of Maimonides and Rabbi Caro. Building on and updating the work of these and countless other legal scholars, Rabbi Quint offers a comprehensive and scholarly yet comprehensible and practical description of the law in a wide variety of subjects, including sales, gifts and gifts causa mortis, wills and estates, lost property, and bailments. The deceptive simplicity of Rabbi Quint's finished product, however, should not obscure the inherent difficulty of the ambitious task he has undertaken: an attempt to present a …

The Canyon Of Doubt: John William Corrington's The Risi's Wife, Louise Harmon

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No abstract provided.

Inclusive Boundaries And Other (Im)Possible Paths Toward Community Development In A Global World, Fran Ansley

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This paper is based on a talk given at a University of Pennsylvania symposium on Social Movements and Law Reform. In it Professor Ansley takes as a case study the U.S. movement against plant closings. In the seventies, eighties and nineties this movement attempted to respond to the increasing flow of industrial capital from the U.S. to other countries. Like other social movements, it devoted a significant part of its energy to "framing" its issues - articulating and attempting to promote a particular way of looking at the issue of plant closings, de-industrialization, and the new international division of labor. …

The Power Of Congress "Without Limitation": The Property Clause And Federal Regulation Of Private Property, Peter A. Appel

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Congress has overlooked a powerful tool for regulating within state jurisdictions: the Property Clause of the United States Constitution. The United States Government owns land in every state and approximately thirty percent of the total land in the United States. The federal government's authority to regulate its property within states derives from the Property Clause and has been described by the Supreme Court as "without limitation."

Professor Appel traces the historical development of the Constitution's Property Clause, from its pre-constitutional origins through modern Supreme Court decisions and academic conceptions. Professor Appel compares the narrow view of Property Clause scholarship - …

Don't Cheat; Escheat - What Every Business Lawyer Ought To Know About Tennessee's Abandoned Property Laws, Joan Macleod Heminway

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No abstract provided.

Race To The Stars: A Federalism Argument For Leaving The Right Of Publicity In The Hands Of The States, Usha Rodrigues

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This Note will argue that, given the variation in the right of publicity from state to state, and the relative newness of this property right, Congress should refrain from passing a law to federalize it. Although there are sound arguments for adopting this right, there are also reasons to hesitate. Given that only half of the states have adopted it, federalization seems premature. This Note will only obliquely address the main objection usually leveled at a robust right of publicity, namely that it stifles creativity and implicates First Amendment concerns. The focus instead will be on the right of individual …

Revisiting The Taxation Of Punitive Damages, Gregg D. Polsky, Dan Markel

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In our recent article, Taxing Punitive Damages, available at http://ssrn.com/abstract=1421879, we argued (1) that plaintiffs in punitive damages cases should be allowed to introduce to the jury evidence regarding the deductibility of those damages by defendants, and (2) that this jury tax-awareness approach is better than the Obama Administration’s suggested alternative of disallowing those deductions.

To our delight, Professor Larry Zelenak and Paul Mogin have each provided published comments to our piece on Virginia Law Review's In Brief companion website. Professor Zelenak’s thoughtful response focuses on our prescriptive claim that jury tax-awareness is better than nondeductibility, while Mr. Mogin disputes …

Errors And Ethics: Dilemmas In Death, Penny White

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No abstract provided.

The Disconnect Between At-Will Employment And Tortious Interference With Business Relations: Rethinking Tortious Interference Claims In The Employment Context, Alex B. Long

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No abstract provided.

Were There Adequate State Grounds In Bush V. Gore?, Michael L. Wells

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Few Supreme Court decisions provoke the immediate and intensely negative verdict that law professors passed on Bush v. Gore. Some of the criticism is deserved. Others have questioned whether the ruling rests on any general principle at all, given the care the Court took to limit its reasoning to the extraordinary circumstances of the Florida presidential election.

It is all too easy to leap from this well-founded critique of the Court's reasoning to the conclusion that the majority – all of whom were appointed by Republican presidents – were bent on installing George W. Bush in the White House by …

Environmental Regulation Of Nanotechnology: Some Preliminary Observations, Glenn Harlan Reynolds

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No abstract provided.

Structural Review, Pseudo-Second-Look Decision Making, And The Risk Of Diluting Constitutional Liberty, Dan T. Coenen

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In this Essay, I will pause to note some reasons why the "sham decision" critique of structural review is, for me, unpersuasive. I also will offer a few comments on the proper relationship between structural and substantive review. I note, in particular, that an endorsement of "activist" structural review need not lead to a "nonactivist" approach to substantive review, far less to its total abandonment. I also suggest that a vigorous embrace of structural rules may well lead to more, rather than less, overall judicial protection of fundamental rights.

A Constitution Of Collaboration: Protecting Fundamental Values With Second-Look Rules Of Interbranch Dialogue, Dan T. Coenen

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Often the Supreme Court directly engages nonjudicial officials in a shared elaboration of constitutional rights. It does so through the use of doctrines that focus on whether nonjudicial actors have taken an appropriately close and sensitive look at policy judgments that threaten important constitutional values. In many of these cases, the Court in effect "remands" constitutionally controversial programs to the political branches--inviting a more studied consideration of the program than attended its initial adoption, and leaving open the possibility that the readopted program will be upheld against constitutional attack.

The Court's structural doctrines range from the familiar vagueness rule to …

Restitching The American Quilt: Untangling Marriage From The Nuclear Family, Lisa Milot

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Part I of this Note will trace the various threads of American marriage law, particularly the perception that marriage is unraveling today due to an unprecedented divorce crisis. Part II will disentangle the conflicting patterns of contract law and status regimes that variously govern marriage, focusing on the uneven enforcement of antenuptial contracts and the implications of such. Part III will argue that the true focus of regulation is the status of the nuclear family, not of marriage per se. Finally, Part IV will propose a bifurcation of the legal regimes governing marriage and the family, recognizing the ability of …

Guns, Privacy, And Revolution, Glenn Harlan Reynolds

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No abstract provided.

The Limited Security Interest In Non-Assignable Collateral Under Revised Article 9, Thomas E. Plank

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No abstract provided.

Good Faith: Balancing The Right To Manage With The Right To Represent, Suzanne Darrow-Kleinhaus

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No abstract provided.

Eldred V. Reno: An Example Of The Law Of Unintended Consequences, L. Ray Patterson

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In Eldred v. Reno the U.S. Court of Appeals for the D.C. Circuit held that the Copyright Term Extension Act (CTEA), which extends the copyright term for present and future works for twenty years, was a constitutional exercise of Congress's copyright power. The CTEA thus puts an end (at least for two decades) to a policy in effect for more than two centuries, since the Copyright Act of 1790, that the copyright of a work expires at the end of a stated term defined at the time the copyright was granted. Since works were copyrighted annually, the policy meant that …

Capital Punishment: Corporate Criminal Liability For Gross Violations Of Human Rights, Diane Marie Amann

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These remarks were presented on February 24, 2001, in a panel concluding a conference entitled "Holding Multinational Corporations Responsible Under International Law" at Hastings College of the Law, San Francisco, California.

Whose Motive Matters? Discrimination In Multi-Actor Employment Decision Making, Rebecca H. White, Linda Hamilton Krieger

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The search for a discriminatory motive in disparate treatment cases often is envisioned as an attempt to determine whether a supervisor, despite his denials, consciously acted out of bias, animus or on the basis of “inaccurate and stigmatizing stereotypes” in making an employment decision. Framing the search for discriminatory motive is this way, however, cannot prove fully effective in eliminating discrimination, as individuals may be unaware of their own biases or the influences those biases have had on their own decision making.

The reality of decision making in the employment area, moreover, is that multiple individuals are often involved in …

Corrective Justice And Constitutional Torts, Bernard P. Dauenhauer, Michael L. Wells

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Tort liability in the private realm may be understood as "an instrument aimed...at deterrence...[and] a way of achieving corrective justice between the parties." Following the common law model, the Supreme Court has borrowed this normative framework for constitutional torts, ruling that the aims of liability for damages are to vindicate constitutional rights and to deter constitutional violations. A recent article by Daryl Levinson takes issue with this approach. Levinson argues that the superficial similarities between public torts and private torts conceal real differences, to which neither the Court nor scholars have paid adequate attention. The main point of his article, …

Foreword: Symposium Re-Examining First Principles: Deterrence And Corrective Justice In Constitutional Torts, Thomas A. Eaton

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This Symposium provides a forum for a careful and thoughtful consideration of whether constitutional tort law can deter wrongdoing and is consistent with principles of corrective justice.