Law Commons^™

A Sentencing System For The 21st Century?, Paul H. Robinson

All Faculty Scholarship

The Sentencing Reform Act of 1984 created the United States Sentencing Commission and directed it to devise sentencing guidelines for the federal criminal justice system. The Commission recently fulfilled this mandate, promulgating a final set of rules, which took effect November 1. Commissioner Robinson, in filing the lone dissent to these guidelines, argued that they neither meet the expectations of the Act nor provide a comprehensive and workable system. In this Article, Commissioner Robinson discusses the necessary components of a modern, principled, and workable system. He first identifies an ideal system by describing its primary goals and by offering the …

Ua12/8 Newsletter, Wku Police

WKU Archives Records

WKU Police departmental newsletters for 1987.

Learning From The Judge: A Student's Appreciation, Lackland H. Bloom Jr.

Faculty Journal Articles and Book Chapters

No abstract provided.

Copyright Law And Your Neighborhood Bar And Grill: Recent Developments In Performance Rights And The Section 110(5) Exemption, David E. Shipley

Scholarly Works

This Article attempts to clarify the chaotic state of the law concerning performance rights. First, it briefly summarizes the history of this right and discusses some of the problems Congress sought to resolve when it passed the 1976 Act. Second, it outlines several of the Act's key provisions on the performance right. Finally, it discusses the recent decisions which have interpreted these provisions and analyzes their impact on the activities of commercial establishments. These decisions show that the pertinent sections of the 1976 Act provide reasonably clear guidelines outlining the ways in which copyrighted works can be publicly performed or …

“Syndrome” Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.

Eyewitness Identifications And Expert Testimony, Paul C. Giannelli

Faculty Publications

No abstract provided.

Corruption In Mexico: Implications For U.S. Foreign Policy, Keith S. Rosenn

Articles

No abstract provided.

When May The Nlrb's Counsel Settle A Case And Withdraw The Complaint?, Jay E. Grenig

Faculty Publications

No abstract provided.

Competitive Reform In Health Care: The Vulnerable Revolution, Thomas L. Greaney

All Faculty Scholarship

This article, written at the dawn of the era of "competitive reform" in health care examines the case and prospects for the introduction of competition in health care delivery and financing. It observes the failures of the ancienne regime of fee for service payment and professional sovereignty and discusses the benefits of market-oriented policy. Its contribution, still salient today, is the lesson that competition cannot succeed without regulation. It identifies legislative, professional, and cultural hurdles to effective implementation of competitive norms and policies that have impeded the success of competition policy in health care.

One Hundred Fifty Cases Per Year: Some Implications Of The Supreme Court's Limited Resources For Judicial Review Of Agency Action, Peter L. Strauss

Faculty Scholarship

Recent writing about the Supreme Court has stressed the implications of the extraordinary growth in the Court's docket – and, even more, the growth in the overall level of judicial activity in the nation's courts – for its performance of its judicial task. Generally, this writing seeks first to determine whether the Court has been forced to bypass questions it ought normally to hear (for example, square conflicts between two of the federal circuits), editorializes about the increasing bureaucratization of the Court, and passes on to normative questions about what if anything ought to be done to ease the Court's …

Contributions Of Victimization To Delinquency In Inner Cities, Jeffery Fagan, Elizabeth S. Piper, Yu-Teh Cheng

Faculty Scholarship

The relationship between victimization and criminality has been widely cited in recent years. Early thinking and public perceptions about crime intuitively presumed that criminals were distinct from their victims. Crime control policies resulted which promoted the physical separation of victims from predatory offenders through "target hardening" and "defensible space." Such distinctions, however, ignored the empirical evidence on the considerable overlap between offender and victim profiles and distorted the reality of events in which persons are labelled as victims or victimizers based only on the consequences of the event. Given the homogeneous relation between victim and offender, theories of crime that …

Strict Constructionism And The Strike Zone, Douglas O. Linder

Faculty Works

No abstract provided.

Book Review. Church-State Relationships In America By Gerald V. Bradley, Richard M. Fraher

Articles by Maurer Faculty

No abstract provided.

Mandatory Disclosure For Municipal Securities: A Reevaluation, Ann Judith Gellis

Articles by Maurer Faculty

No abstract provided.

Book Review. Virtue, Commerce, And History: Essays On Political Thought And History, Chiefly In The Eighteenth Century By J.G.A. Pocock, Stephen A. Conrad

Articles by Maurer Faculty

No abstract provided.

The "Corporate Will" Of The United Nations And The Rights Of The Minority, Elisabeth Zoller

Articles by Maurer Faculty

No abstract provided.

Book Review. Copyright Law: Cases And Materials By Craig Joyce, Marshall A. Leaffer

Articles by Maurer Faculty

No abstract provided.

The Use Of Evolution Theory In Law, M. B. W. Sinclair

Articles by Maurer Faculty

No abstract provided.

Seduction And The Myth Of The Ideal Woman, M. B. W. Sinclair

Articles by Maurer Faculty

No abstract provided.

Why The Mccarran-Walter Act Must Be Amended, John Scanlan

Articles by Maurer Faculty

No abstract provided.

China's New Bankruptcy Law: A Translation And Brief Introduction, Douglass G. Boshkoff, Yongxin Song

Articles by Maurer Faculty

No abstract provided.

Major League Baseball's Monopoly Power And The Negro Leagues, Alfred Dennis Mathewson

Faculty Scholarship

This article argues that the demise of the Negro Leagues was caused by the confluence of several factors. First, the Negro Leagues operated with weak relational contract structures, a condition exacerbated by their over-reliance on star players. Second, and perhaps most important, integration forced the Negro Leagues to compete in a market dominated by the monopoly power of the Major Leagues. By 1922, perhaps earlier, the Major Leagues had acquired a monopoly over the market for White professional baseball players in the United States through its reserve system. Thereafter, the Major Leagues strengthened that monopoly with the development of Branch …

Justice Scalia: Standing, Environmental Law And The Supreme Court, Michael A. Perino

Faculty Publications

President Reagan's appointment of Antonin Scalia to the United States Supreme Court raises concern among liberals that Justice Scalia will help lead the Court away from a number of liberal positions toward a new conservatism. The Reagan Administration's requirement that judicial appointments advance the Administration's preference for judicial restraint and strict constructionism enhances this concern. These new executive requirements mean that federal courts should accord greater authority to the democratically elected branches of the government. Justice Scalia's primary areas of study, administrative law and separation of powers, reflect his adherence to judicial self-restraint.

One aspect of administrative law and separation …

Social Investing And The Lessons Of South Africa Divestment: Rethinking The Limitations On Fiduciary Discretion, Robert H. Jerry Ii, O. Maurice Joy

Faculty Publications

Part I of this Article defines social investing and briefly reviews the South Africa divestment movement which has brought questions about the legality of social investing to the fore. Part II comments upon existing statutory and common law limitations on the discretion of trustee-investors to adopt policies of social investing. Part III analyzes the empirical research on the extent to which preclusion of a set of investment opportunities may impair the performance of a typical trustee-investor's portfolio, both with respect to rate of return and risk. Part IV explores the implications of the empirical evidence analyzed in Part III for …

The Scope Of Liability Under Section 12 Of The Federal Securities Act Of 1933: 'Participation' And The Pertinent Legislative Materials, Douglas E. Abrams

Faculty Publications

Section 12 of the Securities Act of 1933 creates two private rights of action, each providing in relevant part that ‘ a ny person who offers or sells a security . . . shall be liable to the person purchasing such security from him . . ..’ Because suit may be maintained only by the person who purchases the security from defendant, an offeror may incur section 12 liability only if the offeror also ‘sells' the security to the plaintiff. Section 12(1) imposes liability on any seller whose offer or sale violates the Act's registration or prospectus requirements found in …

Granite Rock And The States' Influence Over Federal Land Use, John D. Leshy

Faculty Scholarship

No abstract provided.

The Compact Clause And Transboundary Problems: A Federal Remedy For The Disease Most Incident To A Federal Government, Dale Goble

Articles

The political and constitutional relationship that is known as "federalism" creates boundaries that often do not correspond to resources. The anadromous salmon and steelhead of the Columbia River Basin, for example, cross several jurisdictional boundaries during their life cycle. Jurisdictional boundaries frequently contribute to poor resource planning because some actors are excluded. One traditional response to such transboundary resource difficulties has been to nationalize the problem, thus creating a forum in which all of the actors may participate. Nationalization, however, may be overinclusive when the problem is regional. An alternative that is potentially more sensitive to local concerns is found …

International Law’S Contributions To Peace, Barry E. Carter

Georgetown Law Faculty Publications and Other Works

The progressive development of international law has helped move the world forward in a wide variety of ways along the paths to peace. It is a story that is often not understood or appreciated.

Looking For A Better Way: The Sanction Laws Of Key U.S. Allies, Barry E. Carter

Georgetown Law Faculty Publications and Other Works

When it comes to imposing economic sanctions for foreign policy purposes, the Chief Executives of the United Kingdom, West Germany, andJapan have broad authority to control their respective countries' exports, imports, and private financial transactions. This authority differs from that of the U.S. President who, under present U.S. law, has wide discretion to cut off almost all exports, but has only limited control over imports and over foreign loans by private U.S. banks. This is in the absence of a declared national emergency, where the President has sweeping powers.

Adjudication Is Not Interpretation: Some Reservations About The Law-As-Literature Movement, Robin West

Georgetown Law Faculty Publications and Other Works

Among other achievements, the modern law-as-literature movement has prompted increasing numbers of legal scholars to embrace the claim that adjudication is interpretation, and more specifically, that constitutional adjudication is interpretation of the Constitution. That adjudication is interpretation -- that an adjudicative act is an interpretive act -- more than any other central commitment, unifies the otherwise diverse strands of the legal and constitutional theory of the late twentieth century.

In this article, I will argue in this article against both modern forms of interpretivism. The analogue of law to literature, on which much of modern interpretivism is based, although fruitful, …