Law Commons^™

The False Claims Act And The English Eradication Of Qui Tam Legislation, J. Randy Beck

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Congress amended the False Claims Act in 1986 to encourage qui tam enforcement of the statute, which penalizes submission of false claims to the federal government. A qui tam statute authorizes a private citizen "informer" to file suit on behalf of the government for collection of a statutory forfeiture. A successful informer receives a share of the recovery. Qui tam enforcement came from England, where it served for centuries as the principal means of enforcing a wide range of statutes. England moved away from qui tam enforcement in the 1800s and abolished it altogether in 1951. In this Article, Professor …

Another Brick In The Wall: An Empirical Look At Georgia Tort Litigation In The 1990s, Thomas A. Eaton, Susette M. Talarico, Richard E. Dunn

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It has been four years since we prepared our first profile of tort litigation in Georgia.

It is against this backdrop that we undertook to update and expand upon our original research. We have updated our study by collecting data from tort cases filed in the superior courts of Bibb, Gwinnett, Irwin, and Oconee counties between 1994 and 1997. Thus, for these four counties we now have data regarding the filing and disposition of tort cases for an eight-year period. We also have collected data from tort cases filed in Cobb and Fulton County superior courts between 1994 and 1997. …

A Reply To Professor Tobias, Peter A. Appel

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In his response to my article, Intervention in Public Law Litigation: The Environmental Paradigm, Professor Carl Tobias finds much to commend and much to criticize, and he offers a “friendly critique” of my article. I thank Professor Tobias for taking the time to respond to my article, and I hope that this response furthers the dialogue on this important subject.

Intervention In Public Law Litigation: The Environmental Paradigm, Peter A. Appel

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Litigation which Chayes labeled “public law litigation” grew especially quickly in the decade immediately before Chayes wrote his article. This growth was due, in no small part, to the 1966 amendments to the Federal Rules of Civil Procedure. These amendments introduced a more transactional approach to litigation and made the rules concerning party structure more flexible. In particular, the amendments modified Rule 19, which governs joinder of nonparties by the parties to the suit; Rule 23, which governs class action lawsuits; and Rule 24, which governs intervention by nonparties into ongoing litigation. Using the jurisprudence that has developed concerning intervention …

Entrapment When The Spoken Word Is The Crime, James F. Ponsoldt, Stephen Marsh

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The task of this Article is to assess the competing approaches that circuit courts have taken in defining the predisposition element in entrapment cases. It then attempts to try to reconcile them, not only with Jacobson v. United States, but also with policy concerns underlying the rest of the Supreme Court's entrapment jurisprudence, particularly in light of the increased politicization of federal criminal law through investigations of public officials' conduct by independent counsel. This Article will first frame the central issue, the supplementary mens rea requirement arising in entrapment cases. Part II then will review the common law development …

Review Essay: Of Dissent And Discretion, Glenn Harlan Reynolds

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A review essay centering around Clay S. Conrad's Jury Nullification: The Evolution of a Doctrine, and focusing on the largely unexamined - and not always positive - role of prosecutorial discretion. Plus, some suggestions on how to ensure that such discretion is better supervised in the future.

Who Gets The Takings Claim? Changes In The Land Use Law, Pre-Enactment Owners, And Post-Enactment Buyers, Gregory M. Stein

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No abstract provided.

Newly Available, Not Newly Discovered, Penny White

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No abstract provided.

The Creditor In Possession Under The Bankruptcy Code: History, Text, And Policy, Thomas E. Plank

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No abstract provided.

The Proper Scope Of The Copyright And Patent Power, Glenn Harlan Reynolds

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As an increasing amount of society's wealth is tied up in intangible assets, strong, clear property rights can make a good deal of sense. But it is also possible to have too much of a good thing, and our society is in danger of reaching that point. Recent scholarship suggests as much: a growing body of literature details the expansion of particular doctrines, the rising burden of IP-related transaction costs, or the pressing need for collective *46 institutions to mediate between individual firms and the mushrooming pile of IP rights they must traverse to do business.

In this Essay, we …

Recognizing Race In The American Legal Canon, Fran Ansley

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No abstract provided.

Riddikulus!: Tenure-Track Legal Writing Faculty And The Boggart In The Wardrobe, Mary Beth Beazley

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Professor Beazley compares myths to boggarts in this examination of the reasons schools cite when explaining their lack of tenure-track positions for legal writing faculty. These boggarts are the living myths that pop out and whisper in faculty ears whenever someone suggests that law schools should create tenure-track - or even permanent - faculty positions in legal writing. Although some faculties have defeated these boggarts, they are still out there, popping out not from under the bed or from behind the closet door, but at lunch in the faculty lounge, after the committee meeting, and during the conversation in the …

Dressed For Excess: How Hollywood Affects The Professional Behavior Of Lawyers, Nancy B. Rapoport

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This article discusses two related points: first, that the way in which movies portray lawyers shapes how clients view effective/ineffective lawyer behavior, and second, that the portrayal also helps lawyers to forget appropriate professional behavior.

As Mandatory Binding Arbitration Meets The Class Action, Will The Class Action Survive?, Jean R. Sternlight

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Assuming that the traditional prerequisites for a class action have been met, courts have four choices: (1) order the dispute to be resolved in an individualized arbitration, thereby denying plaintiffs either a litigation or arbitration venue for their class claims; (2) refuse to mandate arbitration, and instead allow plaintiffs to litigate their class claims; (3) order that the dispute be resolved through an arbitral class action, also known as classwide arbitration; or (4) order the dispute to arbitration but allow the arbitrators to make the determination as to whether the dispute should be resolved individually or on a class basis. …

First Amendment Freedoms And The Encryption Export Battle: Deciphering The Importance Of Bernstein V. United States Department Of Justice, 176 F.3d 1132 (9th Cir. 1999), David Mcclure

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For many years, a battle has raged over export restrictions on strong encryption products. Encryption ensures confidential and secure communications among individuals, and the Commerce Department and the State Department have long restricted its export because of national security concerns. Industry and privacy groups have fought against the restrictions for various reasons, ranging from the desire to sell encryption software in new markets to preventing government from accessing personal communications between individuals. Daniel Bernstein, a computer science graduate student, challenged these restrictions in 1996, placing himself in the center of this ongoing battle. In 1999, the Ninth Circuit Court of …

Alwd Citation Manual: A Professional System Of Citation, Terrill Pollman, Leah A. Kane

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The Association of Legal Writing Directors (ALWD) has written a new citation manual that is easy to teach from and easy to use.

Although the ALWD Manual provides a very different teaching and learning experience, practitioners should experience few difficulties adjusting to the new manual.

Foreword: The Many Passions Of Teaching Corporations, Charles R.T. O'Kelley

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This Symposium belies such skeptical views of the Corporations course and those of us who teach it. The 1999 Teaching Corporate Law Conference was organized around teachers' self-identified passions in teaching Corporations--the themes, insights, skills or puzzles about which they are most intrigued or enthused. Thirty-seven professors made presentations at the Conference; twenty-eight have converted their presentations into the essays in this Symposium edition, which have been grouped substantively rather than in the exact order presented at the Conference.

Delaware Corporation Law And Transaction Cost Engineering, Charles R.T. O'Kelley

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I have a passionate belief that a very good way to teach Corporations is to structure the course around a core goal--to teach Delaware corporate law systematically--not just bits and pieces of it, but the entire system, much the way we approach the teaching of constitutional law. This Essay is an elaboration of my reasoning and strategies, organized as a presentation and discussion of the core rationales for organizing the course in this way. The first justification flows axiomatically from the following proposition: we create value for many of our students, and harm none, by giving them an opportunity to …

Liability Issues Facing Online Businesses, David E. Shipley

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Online businesses are confronted by a wide variety of liability issues covering almost the full range of the standard law school curriculum. The liability problems that face a small business in Vidalia, Georgia, which is selling Vidalia onion products at specialty stores, through print advertising, and by mail, do not go away when the business starts marketing through a Web site. In fact, there might be more exposure doing business online, and there are variations depending upon the nature of the business in question. For example, as discussed below, an Internet Service Provider ("ISP") like America Online has worries that …

Three Arguments Against Mt. Healthy: Tort Theory, Constitutional Torts, And Freedom Of Speech, Michael L. Wells

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Mt. Healthy City School District Board of Education v. Doyle is among the most important, and least discussed, cases in constitutional tort law. It stands for the abstract principle that the "but-for" rule of causation, which is the usual test in common-law torts, applies in constitutional torts as well. Doyle, a nontenured school teacher, quarreled with another teacher, with school employees, and with students. Two specific incidents deserve mention. First, on one occasion he "made an obscene gesture to two girls in connection with their failure to obey commands made in his capacity as cafeteria supervisor." Second, after the principal …

Implied Limits On The Legislative Power: The Intellectual Property Clause As An Absolute Constraint On Congress, Paul J. Heald, Suzanna Sherry

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Professors Heald and Sherry argue that the language of Article I, Section 8, Clause 8, the Intellectual Property Clause, absolutely constrains Congress's legislative power under certain circumstances. Their analysis begins by looking at other limits on the legislative power that the Court has found in the Bankruptcy Clause, the Eleventh Amendment, the Tenth Amendment, and Article III. Then by examining the history and structure of the Intellectual Property Clause and relevant precedent, they distill four principles of constitutional weight--the Suspect Grant Principle, the Quid Pro Quo Principle, the Authorship Principle, and the Public Domain Principle. These principles inform the Court's …

State Taxation Of Electronic Commerce: Perspectives On Proposals For Change And Their Constitutionality, Kendall L. Houghton, Walter Hellerstein

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Over the past few years, an enormous amount of attention has been devoted to the problems raised by state taxation of electronic commerce, possible solutions to those problems, and, more recently, the question of whether there is a ‘problem‘ at all. We have both been, and continue to be, deeply involved in the debate over these issues -- a debate that has sometimes generated more heat than light. We view this forum as furnishing us an opportunity to take a step back from the fray and to offer our views not only on the critical issues that are dominating the …

The Power Of The Treasury: Racial Discrimination, Public Policy And "Charity" In Contemporary Society, David A. Brennen

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The Treasury Department is empowered to enforce “established public policy” with respect to tax-exempt charities. Under this public policy power, the Treasury has revoked the tax-exempt charitable status of organizations that discriminated against blacks, organizations whose members engaged in civil disobedience against war, and organizations involved in illegal activity. The Treasury interprets its public policy power as applying to any activity that violates clear public policy. Thus, presumably, the Treasury could use this power to deny tax-exempt charitable status to an organization that engages in conduct that violates assisted suicide laws, anti-abortion laws, or other sufficiently “established” public policies.

The …

Fox Hunting, Pheasant Shooting And Comparative Law, Alan Watson, Khaled Abou El Fadl

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The Roman jurists, ancient rabbis and Muslim jurists were very different people. Above all, the rabbis and Muslim jurists were engaged on a search for law as truth. And the Roman jurists were much more obviously upper-class gentlemen.91 But the similarities are great. All three had a passion for legal interpretation. They delighted in discussing hypothetical cases. They chased after solutions by ways of reasoning devised by themselves. Practical utility, while present, was in the background. At times, to outsiders, their opinions seem outr6, even callous, remote from reality. They have little interest in what actually happens in court: their …

Teaching Interdisciplinarily: Law And Literature As Cultural Critique, Deborah Waire Post

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No abstract provided.

Dialogue On State Action, Martin A. Schwartz, Erwin Chemerinsky

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No abstract provided.

Suburban Sprawl: Not Just An Environmental Issue, Michael Lewyn

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Many conservatives believe that (1) sprawl is merely the result of the free market at work; (2) even if sprawl has negative effects, it cannot be limited without implementation of the liberal/environmentalist agenda of larger and more intrusive government; therefore, (3) conservatives should do nothing to fight sprawl. This article rejects all three propositions. Specifically, I argue that: (1) sprawl is in large part a result of runaway statism rather than the free market; (2) sprawl threatens conservative values such as consumer choice, the work ethic, and social stability, and (3) free-market, anti-spending solutions can limit sprawl and revitalize cities.

Who Shall We Admit To Our Club?, Lawrence Raful

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No abstract provided.

Preface To The Gateway Thread, Deborah W. Post

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No abstract provided.

Marketing Goods, Marketing Images: The Impact Of Advertising On Race, Deseriee A. Kennedy

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No abstract provided.