Law Commons^™

Covenants Not To Compete From An Incomplete Contracts Perspective, George Triantis, Eric A. Posner

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.

Stranger In A Strange Land: Baptist Dean Of A Jesuit Law School, Mack Player

Faculty Publications

In early 1994 when I was first approached by Santa Clara about beIng dean of its law school, I had to do basic, very basic, research before I returned their call. (This predated Web pages and my ability to access the technology that then existed.) A university guide book gave me the basics.

This sent me scurrymg to an atlas. Where is Santa Clara? As it is to most non-Californians, the profusion of California communities (and universities) with the "Santa" or "San" prefix was bewildering.

Herein foretold one of the princilpal issues that would confront me as dean, namely, the …

The Nebraska Transcript, Fall 2001, Vol. 35, No. 2

Nebraska Transcript

2 New Dean Steve Willborn Sees College’s Mission as ‘Changing Trajectory of Students’ Lives’

4 Former Dean Harvey Perlman Appointed UNL Chancellor

7 Breaking Ground

10 Kauffman Family Gift to Improve Student Writing

12 Celebration Dinner Honors Two Remarkable Professors

14 Graduation 2001

16 Honor Classes Return To Pay Tribute to Past, Offer Advice

for Future

18 It’s a Family Affair

20 Law College Faculty, Students Bring Skills Training to Balkans

22 Experimental Class Puts Legal Writing in Realistic Context

24 Alumni Council Awards to Honor Special Contributions to College

30 Humanitarian Intervention and International Law In the

New Millennium …

Thoughts On Academic Freedom: Urofsky And Beyond, Donald J. Weidner

Scholarly Publications

No abstract provided.

Federal Tax Collection Controversies In The Era Of Drye, Steve R. Johnson

Scholarly Publications

By “tax collection controversies,” I mean cases in which it has been established that the taxpayer owes additional taxes, those taxes remain unpaid, and the IRS is attempting to enforce collection out of the taxpayer’s assets. Such cases are numerous and involve attorneys in general legal practice as well as tax specialists. For example, the taxpayer may be your client for non-tax matters, and may expect you to handle her tax collection controversy as well. Or, your client may not be the taxpayer herself, but instead someone who co-owns property with the taxpayer. Your client expects you to make sure …

Does Commerce Clause Review Have Perverse Effects?, Adrian Vermeule

Public Law and Legal Theory Working Papers

There is a crucial, although implicit, empirical assumption in the debate about federal judicial review under the affirmative Commerce Clause. The assumption, indulged by many different camps in the debate, is that Commerce Clause review decreases the centralization of policymaking by shifting policy authority to the states. I want to suggest that, on equally plausible empirical assumptions, Commerce Clause review will in fact do just the opposite: it will promote the centralization of public policy at the national level by providing congressional coalitions with ex ante incentives to legislate more broadly, and to create national programs that are more comprehensive, …

The Internet And The Legitimacy Of Remote Cross-Border Searches, Jack L. Goldsmith

Public Law and Legal Theory Working Papers

No abstract provided.

State Mental Hospital Continuity Of Care Study: Addendum To Year One Report, Timothy Boaz, Keith Vossberg

Mental Health Law & Policy Faculty Publications

No abstract provided.

Disability, Equal Protection, And The Supreme Court: Standing At The Crossroads Of Progressive And Retrogressive Logic In Constitutional Classification, Anita Silvers, Michael Ashley Stein

Faculty Publications

This Article compares current disability jurisprudence with the development of sex equality jurisprudence in the area of discrimination. It demonstrates that current disability law resembles the abandoned, sexist framework for determining sex equality and argues that disability equality cases should receive similar analysis as the more progressive, current sex equality standard. As such, the Article attempts to synthesize case law (l4th Amendment Equal Protection jurisprudence) and statutory law (Title VII and the ADA) into a comprehensive overview of the state of current disability law viewed within the context of discrimination law in general.

Reverse Mortgage Information Online, Robin Schard

Articles

Reverse mortgages are a valuable tool that allow seniors to tap their home's equity. However, there are traps for the unwary

The Wonderful World Of Genetics, George J. Annas

Faculty Scholarship

Review of Future Perfect: Confronting Decisions about Genetics (2001) by Lori B. Andrews

Book Review: The Handbook Of Conflict Resolution: Theory And Practice, Nadja Alexander

Research Collection Yong Pung How School Of Law

No abstract provided.

Valuation, Allocation, And Distribution Of Retirement Plans At Divorce: Where Are We?, Elizabeth Brandt

Articles

No abstract provided.

Court Review: Volume 38, Issue 3 - Complete Issue

Court Review: The Journal of the American Judges Association

No abstract provided.

Court Review: Volume 38, Issue 3 - Cover

Court Review: The Journal of the American Judges Association

No abstract provided.

Court Review: Volume 38, Issue 3 - Table Of Contents

Court Review: The Journal of the American Judges Association

No abstract provided.

Court Review: Volume 38, Issue 3 - On The Importance Of Suggestibility Research In Assessing The Credibility Of Children’S Testimony, David A. Martindale

Court Review: The Journal of the American Judges Association

In the spring of 1999, Professor Thomas Lyon of the University of Southern California Law School published a lengthy law review article in which he argued that the introduction into evidence of research on the suggestibility of child witnesses was not of assistance to triers of fact.1 Lyon’s article has found its way into judicial training packets and has been posted to electronic bulletin boards sponsored by organizations with interest in custody evaluations, psychology and law, and related topics. Because judges are soon likely to encounter arguments based upon Lyon’s article, I wish to alert judges to what I believe …

Court Review: Volume 38, Issue 3 - Recent Civil Decisions Of The United States Supreme Court: The 2000-2001 Term, Charles H. Whitebread

Court Review: The Journal of the American Judges Association

The Supreme Court’s role in the 2000 presidential election sparked intense national debate and will be the sole decision for which this term will be remembered. Although no other decisions rose to same level of political or popular significance, the Court confronted various civil-law topics of particular interest. Among them were issues concerning immigrant rights, interpretation of significant statutes such as the Americans with Disabilities Act, and important matters regarding the First Amendment and federalism.

Court Review: Volume 38, Issue 3 - Let’S Not Exaggerate The Suggestibility Of Children, Thomas D. Lyon

Court Review: The Journal of the American Judges Association

I’m grateful to Dr. Martindale for introducing the reader to an important and lively debate among practitioners and academics over the relevance of recent research on children’s suggestibility. In my Cornell Law Review article, I argued that the recent research on suggestibility was inspired by highly coercive interviewing techniques in widely publicized cases that are not the norm in child sexual abuse investigations. These techniques include telling children that they have been abused, telling children that a particular person is the abuser, and asking children to imagine details regarding how abuse could have taken place. Moreover, I argued that the …

Court Review: Volume 38, Issue 3 - Editor's Note

Court Review: The Journal of the American Judges Association

Our issue begins with Judge Procter Hug, Jr.’s thoughts on judicial independence under pressure. We reprint the remarks he gave as the featured speaker at the American Judges Association’s annual educational conference in October 2001. Judge Hug’s comments, as well as those of AJA president Bonnie Sudderth in her president’s column, deal with issues faced by judges in times of crisis, including in the aftermath of the September 11, 2001 terrorist attacks in the United States.

Court Review: Volume 38, Issue 3 - “You Don’T Have To Hear, Just Interpret!”: How Ethnocentrism In The California Courts Impedes Equal Access To The Courts For Spanish Speakers, Roxana Cardenas

Court Review: The Journal of the American Judges Association

This article analyzes the legal field’s apparent lack of interest in interpreter-related problems as a major barrier to ensuring equal access to the courts for Spanish speakers. It also seeks to dispel certain myths or misinformation about the function of interpreters by delving into a particular infamous case that involved the misuse of interpreters: the O.J. Simpson case.

Court Review: Volume 38, Issue 3 - President's Column, Bonnie Sudderth

Court Review: The Journal of the American Judges Association

Benjamin Franklin, one of America’s founding fathers, was said to have remarked that anyone who would sacrifice liberty for the sake of safety deserved neither. Yet that is exactly the balancing act that the United States, and indeed other free nations, face as we endure the aftermath of September 11. Will September 11 be remembered as the day that our liberties were tested and lost? Or will it be the day that we began a serious debate over how much, if any, liberty we as a nation can sacrifice for the sake of safety and still be a nation of …

Court Review: Volume 38, Issue 2 - No Longer Speaking In Code, Rodney Davis

Court Review: The Journal of the American Judges Association

In October 2000, 90 of the 100 appellate and supreme court justices of California were attending their annual appellate institute when Bryan Garner lectured on judicial writing and proposed dropping citations into footnotes. Garner was persuasive and when he announced his “altar call” through a show of hands of judges that were willing to change, I, along with a clear majority of those present, indicated that we were. Yet, a year after that institute only five of us have adopted Garner’s suggestion. I believe I know why.

Court Review: Volume 38, Issue 2 - Afterword, Bryan A. Garner

Court Review: The Journal of the American Judges Association

That said, Judge Posner’s response here is off the mark (he doesn’t distinguish citational from substantive footnotes, and therefore doesn’t address my main thesis), based on an irrelevant standard (our opinions are short enough as it is), self-contradictory (a judge can always use footnotes to shorten the text), and downright quirky (opinions shouldn’t have a “spurious air of scholarship”). Although opinions may not be scholarship, their very essence is reasoning, and the citations that judges now throw on the page can obscure the reasoning for both the reader and the writer.

Court Review: Volume 38, Issue 2 - The Resource Page: Focus On Legal Writing

Court Review: The Journal of the American Judges Association

No abstract provided.

Court Review: Volume 38, Issue 3 - Resource Page

Court Review: The Journal of the American Judges Association

No abstract provided.

Court Review: Volume 38, Issue 3 - On Judicial Independence Under Pressure, Procter Hug Jr.

Court Review: The Journal of the American Judges Association

Although our legal system is the envy of much of the world, we hear much criticism in our own country of lawyers and judges. But we should take real pride in the contribution of judges and lawyers to the formation of our country. Of the 55 delegates to amend the Articles of Confederation, which we now call the Constitutional Convention, 60% were lawyers or judges. Throughout the succeeding years, lawyers and judges have guided the continuing development of our system of government. I stress continuing development because it is not something like climbing a hill when we can say, “Ahhah! …

Contract Reconceived, Peter A. Alces

Faculty Publications

No abstract provided.

In Hell There Will Be Lawyers Without Clients Or Law, Susan P. Koniak, George M. Cohen

Faculty Scholarship

More than twenty years ago, moral philosopher Richard Wasserstrom framed the debate in legal ethics by asking two questions. Does the lawyer's duty to zealously represent the client, constrained only by the bounds of the law, render the lawyer "at best systematically amoral and at worst more than occasionally immoral in ... her dealings with the rest of mankind[?]" And is the lawyer's relationship with the client likewise morally tainted in that it generally entails domination by the lawyer over the client rather than mutual respect? Wasserstrom answered both questions affirmatively. Though these questions have preoccupied legal ethics scholars ever …

Section 1983'S And Laws Clause Run Amok: Civil Rights Attorney's Fees In Cellular Facilities Siting Disputes, Jack M. Beermann, Clive B. Jacques

Faculty Scholarship

In this article, we argue that enforcing the TCA against state and local zoning authorities raises serious legal concerns, especially if such enforcement is via a § 1983 "and laws" action. In particular, we argue that courts should not award attorney's fees under § 1988 to providers who prevail in claims alleging violation of TCA section 704. First, we argue that this is not an appropriate "and laws" claim because the TCA's cell siting provisions, in the main, do not create rights that are enforceable via § 1983 action. Further, in our view Congress did not intend that providers be …