Law Commons^™

Bankruptcy And Federalism, Thomas E. Plank

Scholarly Works

No abstract provided.

Winking At Jubelirer’S Maneuvers, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Mid-Atlantic Ethics Committee Newsletter, Fall 2002

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

The Invisibility Of Gender In War, Valorie K. Vojdik

Scholarly Works

No abstract provided.

Takings In The 21st Century: Reasonable Investment-Backed Expectations After Palazzolo And Tahoe-Sierra, Gregory M. Stein

Scholarly Works

No abstract provided.

Further Misinterpretation Of Bankruptcy Code Secion 363(F): Elevating In Rem Interests And Promoting The Use Of Property Law To Bankruptcy-Proof Real Estate Developments, George Kuney

Scholarly Works

No abstract provided.

The Legal Response To International Water Scarcity And Water Conflicts: The Un Watercourses Convention And Beyond, Patricia Wouters

Allocating and Managing Water for a Sustainable Future: Lessons from Around the World (Summer Conference, June 11-14)

46 pages.

Contains footnotes.

Misinterpreting Bankruptcy Code Section 363(F) And Undermining The Chapter 11 Process, George Kuney

Scholarly Works

No abstract provided.

Judging Judges: Securing Judicial Independence By Use Of Judicial Performance Evaluations, Penny White

Scholarly Works

No abstract provided.

Jubelirer’S Jubilee, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

A Jackson Portrait For Jamestown, "A Magnet In The Room", John Q. Barrett

Faculty Publications

As Robert H. Jackson gained prominence in law practice and national government, he had particularly close ties to the city of Buffalo and to its University and School of Law. Jackson briefly practiced law in Buffalo for a year near the start of his career. He continued thereafter to handle Buffalo cases and represent Buffalo clients even though his practice was based in Jamestown. In 1946, Jackson received an honorary degree from the University of Buffalo at its centennial commemoration and spoke then about his just-completed Nuremberg experiences, including the evidence on German persecution of minorities. In 1951, Justice Jackson's …

The Constitutions Of Sustainable Capitalism And Beyond, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Teacher, Student, Ticket: John Frank, Leon Higginbotham, And One Afternoon At The Supreme Court--Not A Trifling Thing, John Q. Barrett

Faculty Publications

A path to greatness often begins with a special teacher, and this is such a story. In the fall of 1949, John P. Frank was a new associate professor at the Yale Law School. This story also involves a young student. In autumn 1949, A. Leon Higginbotham, Jr., was a first year law student at Yale. Higginbotham, a 21-year-old black man from Trenton, New Jersey, had attended Purdue University and, after transferring, graduated from Antioch College in 1949. Leon Higginbotham was one of three black students who entered Yale Law School in fall 1949. Higginbotham met John Frank when he …

Special Division Agonistes, John Q. Barrett

Faculty Publications

When the independent counsel law sank, the casualties included a special "division" of the United States Court of Appeals for the District of Columbia Circuit. This division was the special court that Congress had created "for the purpose of appointing independent counsels." The now-expired 1994 independent counsel statute had, like its three predecessors, directed the Chief Justice of the United States to appoint three judges from the Supreme Court and/or the federal Courts of Appeals to serve on the special court for two-year terms. This independent counsel court, which was located for administrative purposes in the United States Court of …

Enron's Legislative Aftermath: Some Reflections On The Deterrence Aspects Of The Sarbanes-Oxley Act Of 2002, Michael A. Perino

Faculty Publications

Since Enron's implosion, an astounding string of accounting scandals have stunned the securities markets. Global Crossing, WorldCom, Adelphia, and a host of other companies have seen plummeting share prices and SEC and criminal investigations. Congress's reaction has been equally stunning and surprisingly swift. It passed with near unanimity the Sarbanes-Oxley Act of 2002 (the "SOA" or the "Act"), and President Bush quickly signed it into law. The President billed the Act as one of the "the most far-reaching reforms of American business practices since the time of Franklin Delano Roosevelt." While the SOA is certainly lengthy, with eleven titles and …

Law School Externships: Building Another Bridge Over Troubled Waters, Martin A. Geer

Scholarly Works

A commitment to an excellent externship program in which students are intensely engaged in learning lawyering skills, values, responsibilities, and how the law and legal systems affect communities, families, and individuals, further advances William S. Boyd School of Law’s goals. It is another bridge over gaps between legal education, the profession, and the community. This article discusses the externship program at William S. Boyd School of Law.

Ethics, Race, And Reform, Anthony V. Alfieri

Articles

No abstract provided.

The New Thought Police: Inside The Left’S Assault On Free Speech And Free Minds (Book Review), John W. Teeter Jr

Faculty Articles

Attacks on political correctness have grown both plentiful and rather tiresome. Such tomes occasionally score valid ideological points, but one grows weary of the bitter repetitiveness of it all. The New Thought Police might seem to offer a little novelty to the litany. Bruce is undeniably bright, impassioned, and edgy. Her book, however, is decidedly a mixed bag. The best parts center on her controversial role as a feminist spokeswoman during the O.J. Simpson murder trial. Bruce cogently emphasized that the case was a tragic paradigm of domestic violence rather than a racist conspiracy against a black cultural icon.

Bruce’s …

Recent Developments In Copyright Law: Technology And International Trade Play Starring Roles, Mary Lafrance

Scholarly Works

The once staid field of copyright law has undergone a dramatic revolution in recent years, as new technologies and international trade pressures have spurred legislative change, while challenging the federal courts to find answers to those questions that Congress has not resolved or, in some cases, to questions that recent acts of Congress have created. This article explores recent developments in copyright law in 2002.

Past Violence, Future Danger?: Rethinking Diminished Capacity Departures Under Federal Sentencing Guidelines Section 5k2.13, Eva E. Subotnik

Faculty Publications

Under section 5K2.13 of the Federal Sentencing Guidelines, a judge is permitted to reduce a defendant's sentence on the grounds of diminished capacity. Most courts construing this provision have ruled that defendants whose offenses involved violence or the threat of violence are ineligible for a reduction in sentence. This Note argues that such an interpretation, which makes past violence a proxy for predicting future dangerousness, is problematic. Medically or psychologically treated, defendants may no longer pose a danger to society. This Note urges that, in accordance with section 5K2.13's language and history, courts should focus more broadly on whether the …

Two Cheers For Freedom Of Contract, Mark L. Movsesian

Faculty Publications

Once, they say, freedom of contract reigned in American law. Parties could make agreements on a wide variety of subjects and choose the terms they wished. Courts would refrain from questioning the substance of bargains and would ensure only that parties had observed the proper formalities. In interpretation, objectivity was paramount. Courts would seek to ascertain, not what the parties had intended, but what a reasonable observer would understand the parties' words to mean. Contract law was a series of abstractions informed by individual autonomy and judicial deference.

This world, a classical paradise of doctrines with sharp corners, began to …

The Demsetz Thesis And The Evolution Of Property Rights, Thomas W. Merrill

Faculty Scholarship

Both conventional price theory and standard economic accounts of tort and contract law assume fixed property rights. In fact, however, property regimes are not static but change over time. Given the assumption of fixed property that otherwise prevails in economic literature, explaining the evolution of property rights is one of the great challenges for the economic analysis of law.

The point of departure for virtually all efforts to explain changes in property rights is Harold Demsetz’s path‐breaking article, “Toward a Theory of Property Rights.” The article is still widely cited and reproduced, especially in first‐year property courses in law schools. …

Osad Moralny A Teoria Prawa (Moral Judgment And Legal Theory), David B. Lyons

Faculty Scholarship

My theme is the role of moral judgment in legal theory. My thesis is that moral judgment provides an important constraint on various aspects of legal theory. I shall illustrate that thesis by discussing, first, the so-called "separation" of law and morals (Section I); secondly, legal interpretation (Section II); and thirdly, the "rule of law" ideal (Section III).

Endowment Effects Within Corporate Agency Relationships, Jennifer H. Arlen, Matthew L. Spitzer, Eric L. Talley

Faculty Scholarship

Behavioral economics is an increasingly prominent field within corporate law scholarship. A particularly noteworthy behavioral bias is the "endowment effect" – the observed differential between an individual's willingness to pay to obtain an entitlement and her willingness to accept to part with one. Should endowment effects pervade corporate contexts, they would significantly complicate much common wisdom within business law, such as the presumed optimality of ex ante agreements. Existing research, however, does not adequately address the extent to which people manifest endowment effects within agency relationships. This article presents an experimental test for endowment effects for subjects situated in an …

Misinterpreting Bankruptcy Code Section 363(F) And Undermining The Chapter 11 Process, George Kuney

College of Law Faculty Scholarship

No abstract provided.

Further Misinterpretation Of Bankruptcy Code Secion 363(F): Elevating In Rem Interests And Promoting The Use Of Property Law To Bankruptcy-Proof Real Estate Developments, George Kuney

College of Law Faculty Scholarship

No abstract provided.

Gender Outlaws: Challenging Masculinity In Traditionally Male Institutions, Valorie K. Vojdik

Scholarly Works

No abstract provided.

Bankruptcy Professionals, Debtor Dominance, And The Future Of Bankruptcy: A Review And A Rhapsody On A Theme, Thomas E. Plank

Scholarly Works

No abstract provided.

It's A Question Of Market Access, Kyle W. Bagwell, Robert W. Staiger, Petros C. Mavroidis

Faculty Scholarship

In this paper, we argue that market access issues associated with the question of the optimal mandate of the World Trade Organization should be separated from nonmarket access issues. We identify race-to-the-bottom and regulatory-chill concerns as market access issues and suggest that the WTIO should address these concerns. We then describe ways that WTO principles and procedures might be augmented to do so. As for nonmarket access issues, we argue that as a general matter these are best handled outside the WTO, and that, while implicit links might be encouraged, explicit links between the WTO and other labor and environmental …

Policing Guns And Youth Violence, Jeffrey A. Fagan

Faculty Scholarship

To combat the epidemic of youth gun violence in the 1980s and 1990s, law enforcement agencies across the United States adopted a variety of innovative strategies. This article presents case studies of eight cities' efforts to police gun crime. Some cities emphasized police-citizen partnerships to address youth violence, whereas others focused on aggressive enforcement against youth suspected of even minor criminal activity. Still others attempted to change youth behavior through "soft" strategies built on alternatives to arrest. Finally, some cities used a combination of approaches. Key findings discussed in this article include:

• Law enforcement agencies that emphasized police-citizen cooperation benefited …