Law Commons^™

United States Supreme Court: 2001 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.

Law Librarian’S Journal Over 10 Years Later, Joseph A. Custer

Faculty Publications

Jim Bouton's book Ball Four chronicled the day-to-day experiences of a baseball pitcher for one season. Ball Four inspired Fritz Snyder in 1988 to chronicle his life as a reference librarian at the University of Kansas School of Law Library for a period of one month. The author holds a position very much the same as Fritz's in the same library. This article is a description of the author's work at the reference desk for the month of June, 1999. It provides interesting insights into the ways the profession has changed and how it has stayed the same.

Grave Secrets: Ethical And Legal Analysis Of Postmortem Confidentiality, Jessica Wilen Berg

Faculty Publications

*A young man finds a letter from his recently deceased's mother's therapist and calls the psychologist to get information about whether his mother sought counseling because of difficulties in their relationship. The therapist reassures the son that his mother came for help in dealing with her terminal illness.

*A now-adult child sues her deceased father's physician for failing to warn her that her father's death when she was 10 years old was due to colon cancer, a potentially inheritable disease.

*Following the death of Linda McCartney, a number of newspapers reporters, suspecting physician-assisted suicide, demanded access to her death certificate …

Process Considerations In The Age Of Markman And Mantras, Craig Allen Nard

Faculty Publications

This article asserts that although notions of uniformity and certainty have always been part of patent law parlance, since the Federal Circuit's decision in Markman v. Westview Instruments, Inc., these noble ends have achieved mantra status. In Markman, the Federal Circuit, in the name of uniformity and certainty, characterized claim interpretation as a question of law subject to de novo review, thus positioning itself as the arbiter of claim meaning. If the Federal Circuit is unwilling to exercise greater obeisance toward district court claim interpretations, this article argues that to achieve uniformity and certainty in the context of de novo …

The Craft Of Due Process, Kevin C. Mcmunigal

Faculty Publications

Response to Professor Israel's presentation "On the Costs of Uniformity and the Prospects of Dualism in Constitutional Criminal Procedure."

Introduction - George A. Leet Business Law Symposium: The Future Of Private Equity Financing, George W. Dent

Faculty Publications

Introducation to George A. Leet Business Law Symposium: The Future of Private Equity Financing, Cleveland, Ohio.

Irreconcilable Differences: Congressional Treatment Of Internet Service Providers As Speakers, Raymond Shih Ray Ku

Faculty Publications

This Article argues that under the CDA and OCILLA, Congress adopted facially inconsistent approaches towards ISP liability for expression. Nonetheless, despite the overt differences, it is possible to discern an underlying principle for determining when ISPs should be considered speakers that reconciles this inconsistency. Put simply, the CDA and OCILLA support an approach toward determining when ISPs are speakers that focuses on whether an ISP exercises editorial control over its network. This approach is evidenced by the fact that both statutes recognize that ISPs are able to exercise editorial control over any and all content on their networks, and both …

Scientific Evidence In Civil And Criminal Cases, Paul C. Giannelli

Faculty Publications

No abstract provided.

The Use Of Placebos In Clinical Trials: Responsible Research Or Unethical Practice?, Sharona Hoffman

Faculty Publications

Developments in medical research have been occurring at a rapidly increasing rate during the past two decades. Expanding budgets, augmented computer capabilities, and new research tools have all dramatically enhanced research technology. Accompanying the proliferation of medical research are increasing concerns about research risks. This article focuses on placebo-controlled clinical trials. The use of placebos enables clinical investigators to compare results from subjects taking an experimental intervention to results from a group that is receiving an inactive substance, such as a sugar pill, in order to determine the efficacy of the new medication. In recent years, some surgeons have also …

Hair Comparison Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.

The International Criminal Court's Jurisdiction Over The Nationals Of Non - Party States: A Critique Of The U.S. Position, Michael P. Scharf

Faculty Publications

This article analyzes the validity of the U.S. argument against the ICC's jurisdiction over the nationals of non-party states in the context of historic precedent and the principles underlying international criminal jurisdiction, and demonstrates that it is not the jurisdiction of the ICC over the nationals of non-party states, but the U.S. government's legal argument, which rests on shaky foundations. The article also highlights the potential unintended repercussions of the current U.S. legal position. This analysis could have a substantial bearing on the approach the United States takes to the Rome Statute, for it indicates that the United States actually …

Defining Terrorism As The Peace Time Equivalent Of War Crimes: A Case Of Too Much Convergence Between International Humanitarian Law And International Criminal Law, Michael P. Scharf

Faculty Publications

The problem of defining "terrorism" has vexed the international community for years. The United Nations General Assembly has repeatedly called for the convening of an international conference to define terrorism and distinguish it from legitimate acts in furtherance of national liberation struggles.' A decade ago, representing the United States, I gave a speech in the United Nations Sixth (Legal) Committee, in which I pointed out that general definitions of terrorism "are notoriously difficult to achieve and dangerous in what all but the most perfect of definitions excludes by chance." Today, we hear calls for a renewed effort to reach international …

Internationalizing The Study Of Law, Michael P. Scharf

Faculty Publications

Michael P. Scharf gives a talk about efforts to internationalize the curriculum that have been employed at the New England Law School on a fairly modest budget.

Character Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.

“Other Acts” Evidence: Part Ii, Paul C. Giannelli

Faculty Publications

No abstract provided.

Judicial Supermajorities And The Validity Of Statutes: How Mapp Became A Fourth Amendment Landmark Instead Of A First Amendment Footnote, Jonathan L. Entin

Faculty Publications

No abstract provided.

Gap Fillers And Fiduciary Duties In Strategic Alliances, George W. Dent

Faculty Publications

This Article describes the evolution of strategic alliances and their dependence on trust between the allies. It then discusses the general theory of gap fillers and fiduciary duties and the inevitability of major gaps in strategic alliance contracts. Finally, it combines these elements to derive conclusions about the proper role of gap fillers and fiduciary duties in strategic alliances.

The Icc's Jurisdiction Over The Nationals Of Non-Party States: A Critique Of The U.S. Position, Michael P. Scharf

Faculty Publications

This article analyzes the validity of the U.S. argument against the ICC's jurisdiction over the nationals of non-party states in the context of historic precedent and the principles underlying international criminal jurisdiction, and demonstrates that it is not the jurisdiction of the ICC over the nationals of non- party states, but the U.S. government's legal argument, which rests on shaky foundations. The article also highlights the potential unintended repercussions of the current U.S. legal position. This analysis could have a substantial bearing on the approach the United States takes to the Rome Statute, for it indicates that the United States …

Naturalized Epistemology And The Critique Of Evidence Theory, Dale A. Nance

Faculty Publications

In this article I give a mixed review Allen and Leiter’s naturalized epistemology theory of evidence. I applaud their focus on naturalized epistemology, but I question the claims that they argue follow from it. In some ways, my reaction is that they have not gone far enough in pressing its implications, and I attempt to suggest how further progress might be made along this path. On the whole, I conclude that the antipathy toward algrithms expressed by Allen and Leiter is misplaced.