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Articles 31 - 60 of 179
Full-Text Articles in Law
Briefing Paper On Problems In Redefining "Loss" (U.S. Sentencing Commission Economic Crime Symposium), Frank O. Bowman Iii
Briefing Paper On Problems In Redefining "Loss" (U.S. Sentencing Commission Economic Crime Symposium), Frank O. Bowman Iii
Faculty Publications
On October 12-13, 2000, the U.S. Sentencing Commission sponsored its Third Symposium On Crime and Punishment in the United States: Federal Sentencing Policy for Economic Crimes and New Technology Offenses. The afternoon of the first day of the meeting was devoted to discussing the concept of “loss” as a measurement of defendant culpability and offense seriousness. The conferees were divided into small groups to discuss discrete sub-issues relating to “loss” and its place in sentencing economic crimes under the Guidelines. Following the small group discussions, the discussion leaders (“facilitators”) addressed a plenary session of the conference to report on the …
States Starting To Offer Legal Protection For Apology, Richard C. Reuben
States Starting To Offer Legal Protection For Apology, Richard C. Reuben
Faculty Publications
There is a small trend a-foot in the state legislatures, and a welcome one at that: Providing some legal protection for people who want to apologize for their role in a harm, but who are fearful because of the possibility that their apologies will later be used against them in legal proceedings.
Farewell To The Quick Look: Redefining The Scope And Content Of The Rule Of Reason, Alan J. Meese
Farewell To The Quick Look: Redefining The Scope And Content Of The Rule Of Reason, Alan J. Meese
Faculty Publications
No abstract provided.
The Effect Of Jandrt On Satellite Litigation, Janine P. Geske, William C. Gleisner Iii
The Effect Of Jandrt On Satellite Litigation, Janine P. Geske, William C. Gleisner Iii
Faculty Publications
No abstract provided.
Investigatory Practices And The Changing Entrapment Defense, Paul Marcus
Investigatory Practices And The Changing Entrapment Defense, Paul Marcus
Faculty Publications
No abstract provided.
At The Intersection Of Visible And Invisable Worlds: United States Privacy Law And The Internet, Dorothy J. Glancy
At The Intersection Of Visible And Invisable Worlds: United States Privacy Law And The Internet, Dorothy J. Glancy
Faculty Publications
The purpose of this essay is to consider some characteristics ofUnited States privacy law that contribute to the obscurity of many intersections between the Internet and privacy law. This discussion is not an exhaustive catalogue of all of the ways in which United States privacy law may apply to Internet activities. Nor is it intended to be
an evaluation of the effectiveness of this privacy law. Rather, the point here is to explore why the application of privacy law to the Internet is a matter of considerable complexity and some uncertainty.
The focus is on certain characteristics of privacy law …
Book Review Of Unwanted Sex: The Culture Of Intimidation And The Failure Of Law, Susan Grover
Book Review Of Unwanted Sex: The Culture Of Intimidation And The Failure Of Law, Susan Grover
Faculty Publications
No abstract provided.
Book Review Of Kosovo: How Myths And Truths Started A War, Linda A. Malone
Book Review Of Kosovo: How Myths And Truths Started A War, Linda A. Malone
Faculty Publications
No abstract provided.
Control And Governance Of Transmission Organizations In The Restructured Electricity Industry, Charles H. Koch Jr.
Control And Governance Of Transmission Organizations In The Restructured Electricity Industry, Charles H. Koch Jr.
Faculty Publications
No abstract provided.
Sentencing Guidelines: Where We Are And How We Got Here (Panel Remarks), Frank O. Bowman Iii
Sentencing Guidelines: Where We Are And How We Got Here (Panel Remarks), Frank O. Bowman Iii
Faculty Publications
The Federal Sentencing Guidelines were created with two broad goals in mind. One, of course, was to reduce unjustified sentencing disparity, and that was accomplished in two ways. The first was to reduce the scope of front-end judicial discretion through the creation of guidelines. The second, which I think Tom Hutchison touched on,1 was to eliminate altogether the discretion of penological experts in the parole commission at the back end of the punishment process.
Getting The Faith: Why Business Lawyers And Executives Believe In Mediation, John M. Lande
Getting The Faith: Why Business Lawyers And Executives Believe In Mediation, John M. Lande
Faculty Publications
Do you believe in mediation? That may seem like an odd question. Normally one thinks of ‘believing in‘ (or having faith in) things like magic, God, or the market. These are typically things that are beyond verifiable human knowledge (such as magic and God) and/or deeply held values (such as whether the market is a better mechanism than government for managing the flow of goods and services). At first blush, one might not think that mediation would fall into either category. There have been numerous empirical studies about many different aspects of mediation, so one can confidently say, for example, …
Who Should Control The Decision To Call A Witness: Respecting A Criminal Defendant's Tactical Choices, Rodney J. Uphoff
Who Should Control The Decision To Call A Witness: Respecting A Criminal Defendant's Tactical Choices, Rodney J. Uphoff
Faculty Publications
A law student approached me not long ago to discuss a problem he had encountered while helping to prepare a criminal case for retrial. The defendant's first trial ended with a hung jury. The defendant, Steven Brown, now faced a second trial on the same misdemeanor charge of assaulting a police officer. Although the defendant still wanted to go to trial, Brown told defense counsel that he did not want his elderly father to have to testify again. From defense counsel's standpoint, the father's testimony was critical because he was the only witness corroborating the defendant's version of the event. …
Fear Of Law: Thoughts On Fear Of Judging And The State Of The Federal Sentencing Guidelines (Sentencing Symposium), Frank O. Bowman Iii
Fear Of Law: Thoughts On Fear Of Judging And The State Of The Federal Sentencing Guidelines (Sentencing Symposium), Frank O. Bowman Iii
Faculty Publications
To understand Fear of Judging and the debate over the Federal Sentencing Guidelines requires some familiarity with the sentencing reform movement that led to the adoption of the Federal Sentencing Guidelines in 1987, as well as at least a rudimentary grasp of the structure of the Guidelines themselves. For those readers who require an introduction to both subjects, the next section of this Article attempts to provide one. Those already familiar with the Guidelines and their history can skip to Section III, where the discussion of Fear of Judging begins in earnest.
Statutory Interpretation, Property Rights, And Boundaries: The Nature And Limits Of Protection In Trademark Dilution, Trade Dress, And Product Configuration Cases, Gary Myers
Faculty Publications
This article, however, takes the view that the basic landscape in trademark law is unlikely to change in the near future. Congress has only recently enacted the Trademark Dilution Act, and there seems to be little movement to amend it dramatically, let alone repeal it. There have been several recently enacted amendments to the Lanham Act addressing functionality that make great sense and are consistent with the principles suggested here, as will be discussed below. Moreover, the Supreme Court in Two Pesos, Qualitex, Park ‘n’ Fly, and Samara has recently set forth rules that will allow trade dress claims to …
Addressing Domestic Violence In Immigrant Communities, Deborah M. Weissman
Addressing Domestic Violence In Immigrant Communities, Deborah M. Weissman
Faculty Publications
No abstract provided.
Privacy, Cyberspace, And Democracy: A Case Study, Michael J. Gerhardt
Privacy, Cyberspace, And Democracy: A Case Study, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Supreme Court's 1998-1999 Term: Fourth Amendment Decisions, Kathryn R. Urbonya
Supreme Court's 1998-1999 Term: Fourth Amendment Decisions, Kathryn R. Urbonya
Faculty Publications
No abstract provided.
Choice Of Small Business Tax Entity, John W. Lee
Choice Of Small Business Tax Entity, John W. Lee
Faculty Publications
This article summarizes parts of Lee’s forthcoming article “A Populist Political Perspective of the Business Tax Entities Universe: Hey the Stars Might Lie But the Numbers Never Do,” 78 Texas L. Rev. 885 (2000). Conventional wisdom, says Lee, holds that the LLC, due to its limited liability and hassle-free single level of taxation, will supplant C and S corporations as the choice of entity for new businesses. In fact, in most jurisdictions corporate formations outnumber LLC formations 2:1 or more, and IRS Statistics of Income (SOI) projects that the S corporation will be the fastest growing tax entity for 2000 …
The Case Against Private Disparate Impact Suits, Thom Lambert
The Case Against Private Disparate Impact Suits, Thom Lambert
Faculty Publications
This article argues that the Third Circuit, and the courts that have implicitly approved private disparate impact suits, have erred in construing Title VI to permit private plaintiffs to sue federally funded entities for discrimination based on disparate impact alone. From a policy standpoint, permitting private disparate impact suits is a bad idea, for the threat of such suits will lead to deterrence of actions and decisions that have incidental disparate effects but are, on the whole, good.
Nursing Home Residents And The New California Health Care Decisions Law, David M. English, Rebecca C. Morgan
Nursing Home Residents And The New California Health Care Decisions Law, David M. English, Rebecca C. Morgan
Faculty Publications
This article explores issues involving advance directives made by nursing home residents, both prior to and during their stay in a facility, including the frequency of making directives, the reasons why residents fail to make directives, and the reasons why facilities often fail to honor them. Specifically, this article examines these issues in light of the 1999 California Health Care Decisions Law, effective July 1, 2000, and focuses on how this new statute can be used to empower nursing home residents, and adults more generally, to take control of decisions regarding their own health care.
Clinton, William Jefferson (1946- ), Neal Devins
Clinton, William Jefferson (1946- ), Neal Devins
Faculty Publications
No abstract provided.
The World Trade Constitution, John O. Mcginnis, Mark L. Movsesian
The World Trade Constitution, John O. Mcginnis, Mark L. Movsesian
Faculty Publications
Conventional wisdom holds that the World Trade Organization (WTO) necessarily poses a threat to sovereignty and representative government within its member nations. Professors McGinnis and Movsesian refute this view. They argue that the WTO can be understood as a constitutive structure that, by reducing the power of protectionist interest groups, can simultaneously promote international trade and domestic democracy. Indeed, in promoting both free trade and accountable government, the WTO reflects many of the insights that inform our own Madisonian Constitution. Professors McGinnis and Movsesian reject recent proposals to grant the WTO regulatory authority, endorsing instead the WTO's limited adjudicative power …
Assessing The Practicality And Constitutionality Of Alaska's Split-Recovery Punitive Damages Statute, Scott Dodson
Assessing The Practicality And Constitutionality Of Alaska's Split-Recovery Punitive Damages Statute, Scott Dodson
Faculty Publications
In 1997, Alaska responded to its reputation for unusually high punitive awardsby amending its punitive damages statuteto require that 50% of any punitive damages award be deposited into the general fund of the state.Such “split-recovery” statutes attempt to reduce some of the plaintiff's windfall by allocating part of the punitive award to the state.Although the plaintiff shares in the award to compensate her for bringing the punitive claim in the first place,the state receives the balance to use for the public benefit.This Note evaluates the practicality and constitutionality of Alaska’s split- recovery statute. Part I reviews the nature and purpose …
Ethical Challenges To Legal Education And Conduct, James E. Moliterno
Ethical Challenges To Legal Education And Conduct, James E. Moliterno
Faculty Publications
No abstract provided.
Bakke Betrayed, Alan J. Meese
Empirical Implications Of Title I, Michael Ashley Stein
Empirical Implications Of Title I, Michael Ashley Stein
Faculty Publications
No abstract provided.
Book Review Of Private Law And Social Inequality In The Industrial Age, Michael Ashley Stein
Book Review Of Private Law And Social Inequality In The Industrial Age, Michael Ashley Stein
Faculty Publications
No abstract provided.
Freezing The Company Charter, Eric Kades
Freezing The Company Charter, Eric Kades
Faculty Publications
When legislatures alter corporate, partnership, and other business entity statutes, they simultaneously amend the governing document of all entities of that type formed within the jurisdiction. In many circumstances these business entities may wish to retain existing rules for internal governance. This Article offers a novel tool for firms wishing to so manage their own legal transitions: the "charter freeze." A freeze provision in the company charter declares that future (non-mandatory) changes in relevant statutes have no effect on the firm. Owners may affirmatively adopt the new rules, but choose to exercise complete control over their adoption vel non of …
The Appointment Of General Yaron: Continuing Impunity For The Sabra And Shatilla Massacres, Linda A. Malone
The Appointment Of General Yaron: Continuing Impunity For The Sabra And Shatilla Massacres, Linda A. Malone
Faculty Publications
No abstract provided.
A Symposium Précis, Thomas E. Baker