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Ub Viewpoint – Hooray For Sinclair, Eric Easton Nov 2004

Ub Viewpoint – Hooray For Sinclair, Eric Easton

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No abstract provided.


Defining "Addition" Of A Pollutant Into Navigable Waters From A Point Source Under The Clean Water Act: The Questions Answered — And Those Not Answered — By South Florida Water Management District V. Miccosukee Tribe Of Indians, Steven A.G. Davison Oct 2004

Defining "Addition" Of A Pollutant Into Navigable Waters From A Point Source Under The Clean Water Act: The Questions Answered — And Those Not Answered — By South Florida Water Management District V. Miccosukee Tribe Of Indians, Steven A.G. Davison

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No abstract provided.


Beware Buyer Power, Robert H. Lande Jul 2004

Beware Buyer Power, Robert H. Lande

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The conventional antitrust wisdom is that buyer side market power or monopsony is so unusual and so rarely anticompetitive that it should not merit more than a scholarly afterthought. Moreover, these brief mentions typically say it is essentially the mirror image of seller power or that, while seller-side power is suspect since it leads to higher consumer prices, buyer-side power is usually benign, because the public should not care which layer of a distribution channel gets any potential savings that can arise. This short article discusses how buyer power can be anticompetitive. It also discusses how buyer power or monopsony ...


Handling The Truth, Kenneth Lasson Jul 2004

Handling The Truth, Kenneth Lasson

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No abstract provided.


A Government Of Laws And Not Men: Prohibiting Non-Precedential Opinions By Statute Or Procedural Rule, Amy E. Sloan Jul 2004

A Government Of Laws And Not Men: Prohibiting Non-Precedential Opinions By Statute Or Procedural Rule, Amy E. Sloan

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Non-precedential judicial opinions issued by the federal appellate courts have generated significant controversy. Given that the federal appellate courts are unlikely to abandon the practice of issuing non-precedential opinions on their own, what other options exist for prohibiting the practice? This article discusses the constitutionality of a procedural rule or statute prohibiting the federal appellate courts from prospectively designating selected opinions as non-precedential. It explains how the rules governing non-precedential opinions allow federal appellate courts to "opt out" of their own rules of precedent. It then examines the rulemaking process, showing how the Federal Rules of Appellate Procedure are promulgated ...


Communicating Entitlements: Property And The Internet, William Hubbard Apr 2004

Communicating Entitlements: Property And The Internet, William Hubbard

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No abstract provided.


The New Japanese Law Schools: Putting The Professional Into Legal Education, James Maxeiner, Keiichi Yamanaka Apr 2004

The New Japanese Law Schools: Putting The Professional Into Legal Education, James Maxeiner, Keiichi Yamanaka

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In April 2004, more than sixty law schools began operation in Japan. Legal education, previously treated as a combination of undergraduate education in law and extra-university training in professional skills, will now be concentrated in new professional law schools. The reforms of Japanese legal education are intended both to produce more attorneys in a nation that has a shortage of legally trained professionals, and to help increase the role of law in Japanese society generally.

In order for Japan's new Jaw schools to achieve their educational objectives, they must successfully address a host of conceptual, pedagogical and organizational challenges ...


Client Counseling, Mediation, And Alternative Narratives Of Dispute Resolution, Robert Rubinson Apr 2004

Client Counseling, Mediation, And Alternative Narratives Of Dispute Resolution, Robert Rubinson

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This article examines how litigation and mediation have distinct narrative structures and what these narratives say about counseling clients about mediation. In the narrative of litigation, parties struggle against one another in order to convince a decision maker of the truth of "what happened." This struggle is about more than designating liability; it is about enabling the decision-maker to restore social order and vindicate morality. In contrast, the narrative of mediation does not call upon the mediator to designate "truth" or "right" and "wrong." Rather, the mediator acts to enable parties to overcome and transform conflict through collaboration. In the ...


A War Of Words (In The Hype Of The Palestinian-Israeli Conflict, The Line Between Reality And Propaganda Can Easily Confuse Even The Most Objective Foreign Correspondent), Kenneth Lasson Apr 2004

A War Of Words (In The Hype Of The Palestinian-Israeli Conflict, The Line Between Reality And Propaganda Can Easily Confuse Even The Most Objective Foreign Correspondent), Kenneth Lasson

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Most journalists look at their work and see professional pride, not personal prejudice. Even many of those who do the biased bidding of their employers could be characterized as decent, fair-minded, hard-working. In the Middle East today, however, where the conflict is still largely a war of words, reporters may often miss the forest for the trees. While such a result could be caused by the inherent limitations of their craft - constant deadlines, sometimes severe space restrictions, the pressure to produce dramatic stories - when their inherent political bias are combined with ignorance of broad historical perspectives, the result is often ...


The Undiscovered Country: Northern Views Of The Defeated South And The Political Background Of The Fourteenth Amendment, Garrett Epps Apr 2004

The Undiscovered Country: Northern Views Of The Defeated South And The Political Background Of The Fourteenth Amendment, Garrett Epps

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In 1866, Harper's Weekly announced a new series of woodcuts of Southern life with the remark, "[t]o us the late Slave States seem almost like a newly discovered country." It is difficult for Americans in the Twenty-First Century, in a culture of cable news coverage and national newspapers, to appreciate just how mysterious the former Confederacy seemed to Northerners in the months after Appomattox. It was not simply that four years of war had made communication between the two halves of the nation difficult - though that was true, and both Northern and Southern society had changed during the ...


No Wonder They Dislike Us: Us Admonishes Europe For Protecting Itself From Microsoft's Predation, Albert A. Foer, Robert H. Lande Mar 2004

No Wonder They Dislike Us: Us Admonishes Europe For Protecting Itself From Microsoft's Predation, Albert A. Foer, Robert H. Lande

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This short article applauds the European Commission for holding that Microsoft violated European competition laws, and admonishes the U.S. for criticizing the Europeans for protecting themselves from Microsoft's anticompetitive activity.


Ub Viewpoint – Defining Legal Fatherhood: Part Ii, Jane C. Murphy Mar 2004

Ub Viewpoint – Defining Legal Fatherhood: Part Ii, Jane C. Murphy

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No abstract provided.


The Rule Of Law In The Reform Of Legal Education: Teaching The Legal Mind In Japanese Law Schools, James Maxeiner Mar 2004

The Rule Of Law In The Reform Of Legal Education: Teaching The Legal Mind In Japanese Law Schools, James Maxeiner

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  • a. The Rule of Law is at the heart of the present legal reform.
  • b. There is an international consensus about basic elements of the Rule of Law.
  • c. Legal methods are central to the Rule of Law. But different legal methods are used to realize the Rule of Law.
  • d. Teaching legal methods, i.e., teaching to think like a lawyer, is at the heart of that which is professional in legal education.
  • e. The present legal reform invites Japanese law schools to teach legal methods.


The Botched Hanging Of William Williams: How Too Much Rope And Minnesota’S Newspapers Brought An End To The Death Penalty In Minnesota, John Bessler Mar 2004

The Botched Hanging Of William Williams: How Too Much Rope And Minnesota’S Newspapers Brought An End To The Death Penalty In Minnesota, John Bessler

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This article describes Minnesota's last state-sanctioned execution: that of William Williams, who was hanged in 1906 in the basement of the Ramsey County Jail. Convicted of killing a teenage boy, Williams was tried on murder charges in 1905 and was put to death in February of the following year. Because the county sheriff miscalculated the length of the rope, the hanging was botched, with Williams hitting the floor when the trap door was opened. Three deputies, standing on the scaffold, thereafter seized the rope and forcibly pulled it up until Williams - fourteen and half minutes later - died by strangulation ...


Privileges: Spousal, Attorney-Client, And Priest-Penitent, Lynn Mclain Feb 2004

Privileges: Spousal, Attorney-Client, And Priest-Penitent, Lynn Mclain

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No abstract provided.


Ub Viewpoint – Journalists May Face Contempt For Protecting Sources, Eric Easton Feb 2004

Ub Viewpoint – Journalists May Face Contempt For Protecting Sources, Eric Easton

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No abstract provided.


Adjudicative Speech And The First Amendment, Christopher J. Peters Feb 2004

Adjudicative Speech And The First Amendment, Christopher J. Peters

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While political speech - speech intended to influence political decisions - is afforded the highest protection under the First Amendment, adjudicative speech - speech intended to influence court decisions - is regularly and systematically constrained by rules of evidence, canons of professional ethics, judicial gag orders, and similar devices. Yet court decisions can be as important, both to the litigants and to society at large, as political decisions. How then can our practice of severely constraining adjudicative speech be justified as consistent with First Amendment principles?

This Article attempts to answer that question in a way that is informative about both the adjudicative process ...


Wither Firpta, Fred B. Brown Jan 2004

Wither Firpta, Fred B. Brown

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Under FIRPTA, foreign persons are subject to U.S. tax on dispositions of directly held interests in U.S. real property as well as on dispositions of stock in certain U.S. real property holding corporations. Congress enacted FIRPTA to combat several techniques used by foreign persons to avoid U.S. tax on dispositions of U.S. real estate. However, since FIRPTA's enactment, changes in the tax law would defeat these tax avoidance techniques. Consequently, this raises the issue of whether FIRPTA continues to make sense as a policy matter.

This article suggests that the repeal of portions of ...


Foreword, Byron L. Warnken Jan 2004

Foreword, Byron L. Warnken

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No abstract provided.


Internet Contracting And Standard Terms In The Global Electronic Age: Perspectives For Japan, James Maxeiner Jan 2004

Internet Contracting And Standard Terms In The Global Electronic Age: Perspectives For Japan, James Maxeiner

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This piece is intended to show Japanese law students how their own everyday experiences raise significant domestic and international legal questions. It shows that a seemingly technical matter need not be boring, but can provide an example of practical application of law internationally and of the benefits that knowledge of foreign law can bring in assisting in understanding and improving domestic law. It discusses standard terms in licenses of information and software.


Shape Up Or Ship Out: Accountability To Third Parties For Patent Ambiguities In Testamentary Documents, Angela M. Vallario Jan 2004

Shape Up Or Ship Out: Accountability To Third Parties For Patent Ambiguities In Testamentary Documents, Angela M. Vallario

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The attorney's preparation of a testamentary document (hereinafter sometimes referred to as a will or revocable trust) should clearly and accurately reflect the client's last wishes. Although these testamentary documents should reflect the client's intent, they often fall short of accomplishing that goal. There are numerous examples of will and trust construction cases that exhaust tremendous resources in an effort to ascertain the client's wishes or intent. Many of these cases involve the construction of patent and/or latent ambiguities which should have been resolved by appropriate drafting. This article's scope is limited to patent ...


Time To Enter A "Do Not Resuscitate" Order On The National Resident Matching Program's Chart, Gregory Dolin Jan 2004

Time To Enter A "Do Not Resuscitate" Order On The National Resident Matching Program's Chart, Gregory Dolin

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This article focuses on the NRMP system and argues that the process is neither efficient nor pro-competitive. This article argues that Congress erred in bestowing an antitrust exemption on the NRMP and the participating institutions.

This article suggests that although the system may have been necessary to check the problem of early recruiting that was pervasive in the 1950s (similar to the one that plagued the federal judiciary until just two years ago), the system has outlived its usefulness. Part II will explain the Match's history and function and will discuss how the system makes participation in the Match ...


The Antebellum Political Background Of The Fourteenth Amendment, Garrett Epps Jan 2004

The Antebellum Political Background Of The Fourteenth Amendment, Garrett Epps

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Understanding the Fourteenth Amendment is the key question of Constitutional law, both as it pertains to individual rights and, in many areas, as it relates to questions of Congressional power as opposed to the reserved powers of the states. The Amendment is often disaggregated and read clause by clause - but the intellectual and political background of its framers suggests that the Amendment in fact forms a coherent whole and that reading it as a whole might be a fertile source of new meanings. The Amendment was written by politicians who had spent their careers deeply involved in anti-slavery politics. The ...


Proposed Regulations On Noncompensatory Options: A Light At The End Of The Tunnel, Walter D. Schwidetzky Jan 2004

Proposed Regulations On Noncompensatory Options: A Light At The End Of The Tunnel, Walter D. Schwidetzky

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It has become increasingly common for partnerships to issue options. There is a dearth of authority on the federal tax treatment of options to acquire interests in partnerships. In this context, there are two main categories of options, services options and noncompensatory options. Services options, unsurprisingly, are options to acquire partnership interests where the option is received in exchange for services. Noncompensatory options cover the rest of the waterfront. The simplest version of the latter would be partnership analog to normal options found outside the partnership context: the option holder pays the partnership an option premium to acquire an option ...


Why Antitrust Damage Levels Should Be Raised, Robert H. Lande Jan 2004

Why Antitrust Damage Levels Should Be Raised, Robert H. Lande

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The conventional wisdom is that current antitrust damage levels are too high, lead to overdeterrence, and should be cut back. Although most agree that threefold damages are fine, at least for cartels, the combination of treble damages to direct purchasers and another treble damages to indirect purchasers typically is denounced as duplicative, a "mess," or the equivalent of the use of "cluster bombs" on defendants. This article, however, will assert the opposite. This article will argue that, if the current antitrust damage levels are examined carefully, they do not even total treble damages, and overall are not high enough to ...


Longitudinal Patterns Of Intimate Partner Violence, Risk, Well-Being, And Employment: Preliminary Findings, Jane C. Murphy, Mary Ann Dutton, Lisa A. Goodman, Dorothy J. Lennig Jan 2004

Longitudinal Patterns Of Intimate Partner Violence, Risk, Well-Being, And Employment: Preliminary Findings, Jane C. Murphy, Mary Ann Dutton, Lisa A. Goodman, Dorothy J. Lennig

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Over 7 months (June 1999 to January 2000), researchers recruited 406 women from 1 of 3 sites in a northeastern city at the point they were seeking help for violence against them by a current or former male partner. Intimate partner violence was measured with a modified version of the Revised Conflict Tactics Scale. Some form of serious violence during the previous year was reported by 88 percent of the participants. By the first 3-month follow-up period, nearly one-third of the participants reported the recurrence of some form of physical violence; 20.4 percent reported an injury; and 18.1 ...


Understanding Family Law In Context: The Court Observation Assignment, Jane C. Murphy Jan 2004

Understanding Family Law In Context: The Court Observation Assignment, Jane C. Murphy

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No abstract provided.


Licensing Health Care Professionals: Has The United States Outlived The Need For Medical Licensure?, Gregory Dolin Jan 2004

Licensing Health Care Professionals: Has The United States Outlived The Need For Medical Licensure?, Gregory Dolin

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With an expanding market for what is now known as "complimentary and alternative" medicine (CAM), states are increasingly facing the issue of who can and who should be allowed to practice medicine. Of necessity, this question also concerns whom patients may see to treat their ailments.

This paper will argue that the struggle to define who is and who is not licensed to practice medicine is rather fruitless and will always leave patients with less choice than they desire. Part II will review the history of licensure in the United States. Parts III and IV will focus on benefits and ...


Who Owns The 'First, Rough Draft Of History'? Reconsidering Copyright In News, Eric Easton Jan 2004

Who Owns The 'First, Rough Draft Of History'? Reconsidering Copyright In News, Eric Easton

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This article asserts that newspapers' quest for copyright protection was an early step onto a slippery slope toward a property-based, rather than service-based, ethos, and that removing that protection may at the least mark a first, symbolic step back from the abyss. Part I examines the state of contemporary journalism, particularly with respect to the propertization of news. Part II traces the history of copyright protection for news from its origins in censorship to the American copyright regime today, with emphasis on the run up to the 1909 amendments that first codified protection for newspapers. Part III advocates the moral ...


Expansion And Restriction: Competing Pressures On United Kingdom Asylum Policy, Elizabeth Keyes Jan 2004

Expansion And Restriction: Competing Pressures On United Kingdom Asylum Policy, Elizabeth Keyes

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Analysis of asylum policy in the United Kingdom thus requires examination of the complex interaction between domestic and international pressures, between legislative and judicial action, and between expansionism and restrictionism. In Part I, this paper considers the history of asylum in the UK through the 1990s, looking at the changes that occurred over the 20th century, and the international legal obligations at the core of the UK's asylum policy. The paper specifically addresses Britain's new commitments to European Union asylum policies, and the ways in which Britain's overall relationship with the EU affects Britain's domestic asylum ...