Law Commons^™

The Practice And Problems Of Plain Meaning: A Response To Aleinikoff And Shaw, Frederick Schauer

Vanderbilt Law Review

The attention so many of the participants in this Symposium have paid to my thoughts about the role of plain meaning in statutory interpretation' is both gratifying and surprising. Among those scholars finding my ideas worthy of note are Professors Aleinikoff and Shaw, and my aim is both to comment on their contribution here and to respond more generally to what others have said about my views on the role of plain meaning. By continuing the discussion I hope to clarify some of the claims I have made about plain meaning, and in doing so to foster a better appreciation …

Coalition Formation And The Presumption Of Reviewability: A Response To Rodriguez, Robert K. Rasmussen

Vanderbilt Law Review

Professor Dan Rodriguez's paper The Presumption of Reviewability: A Study in Canonical Construction and Its Consequences' makes several important contributions to the literature on statutory interpretation in the modern regulatory state. It provides a coherent explanation for the curious review provisions of the Administrative Procedure Act (APA), and analyzes the continuing battle over judicial review of agency action as part of a continuing dialogue among Congress, the courts, and the President. Rodriguez recognizes that those who study statutory interpretation must take account of both the existence of administrative agencies and the fact that interpretive practices have the potential to affect …

The Inevitability Of Practical Reason: Statutes, Formalism, And The Rule Of Law, Daniel A. Farber

Vanderbilt Law Review

This Symposium commemorates the publication of Karl Llewellyn's assault on the canons of statutory interpretation. This Article seeks to situate Llewellyn's view of statutory interpretation within the ongoing debate between advocates of practical reason and formalism.

Many critics of practical reason question its compatibility with the rule of law. If we cannot precisely describe the operation of practical reason, can we have any confidence in its ability to guide judicial decisions? Or, on the contrary, does formalism provide a greater degree of democratic accountability, certainty, stability, and predictability than practical reason? These questions are the primary concern of this Article. …

Confidentially Speaking: Protecting The Press From Liability For Broken Confidentiality Promises—Cohen V. Cowles Media Co., 111 S. Ct. 2513 (1991), Jeffrey A. Richards

Washington Law Review

In Cohen v. Cowles Media Co., the Supreme Court held that the First Amendment does not bar suits against newspapers for breaches of confidentiality promises. By following its cases holding that the press is subject to neutral laws, the Court ignored its precedent mandating that state laws inhibiting publication violate the First Amendment absent a compelling state interest. This Note explores both lines of cases and concludes that application of a state law that inhibits publication is unconstitutional if its utility in effecting a legitimate state interest is outweighed by the public's interest in receiving the information. Therefore, courts should …

Myths Of Market Forces, Mothers And Private Employment: The Parental Leave Veto, Maria L. Ontiveros

Cornell Journal of Law and Public Policy

No abstract provided.

Community Health Centers And Rising Malpractice Premiums: An Overview Of The Community Health Center Program And Proposed Solutions To The Malpractice Insurance Rate Crisis, John T. Hammarlund

Cornell Journal of Law and Public Policy

No abstract provided.

Distinguishing Interest From Damages: A Proposal For A New Perspective, Alice G. Abreu

Buffalo Law Review

No abstract provided.

Killing Us Softly: Divorce Mediation And The Politics Of Power, Penelope E. Bryan

Buffalo Law Review

No abstract provided.

Equal, Accessible, Affordable Justice Under Law: The Civil Justice Reform Act Of 1990, Joseph R. Biden Jr.

Cornell Journal of Law and Public Policy

No abstract provided.

Scottsboro Boys In 1991: The Promise Of Adequate Criminal Representation Through The Years, Charles W. Wolfram

Cornell Journal of Law and Public Policy

No abstract provided.

Defending The Indigent During A War On Crime, John A. Martin, Michelle Travis

Cornell Journal of Law and Public Policy

No abstract provided.

Selecting A System For The Legal Representation Of People Who Are Unable To Afford Retained Counsel: A Case Study, Marilyn L. Ray

Cornell Journal of Law and Public Policy

No abstract provided.

Reconsidering Limits On Foreign Investment In United States Airlines, Sanghoon Lee

Cornell Journal of Law and Public Policy

No abstract provided.

Reinvigorating Educational Malpractice Claims: A Representational Focus, John G. Culhane

Washington Law Review

For the past twenty tears, courts have faced a wide array of claims alleging misconduct by schools and their officials. These claims have involved diverse injuries, including: negligence in permitting functional illiterates to pass through the school system; negligent misdiagnosis of learning disabilities; and failure to deliver a promised package of educational skills and services. The judiciary has almost uniformly refused to allow recovery, in tort or otherwise, for such injuries. Some courts have conceded that, on the pleadings, a good case might be made out. Plaintiffs have nonetheless been turned away because of courts' related concerns with untrammeled litigation …

Canadian Monopolies Law: Director Of Investigation And Research V. Nutrasweet Co. Decided As First Case Under Abuse-Of-Dominance Provision, Richard P. Lewis

Cornell International Law Journal

No abstract provided.

Moving Goods And People In International Commerce: Remarks Of The Honorable Gene Mcnary, Gene Mcnary

Duke Journal of Comparative & International Law

No abstract provided.

Jury Instructions On Joint And Several Liability In Washington State, Julie K. Weaver

Washington Law Review

Neither the Washington Legislature nor the Washington Supreme Court has addressed the issue of instructing a jury on Washington's doctrine of modified joint and several liability and its effects. Historically, most states prevented courts from instructing juries on the effects of their answers to special verdicts. Washington, however, has no history of keeping a jury uninformed of the effects of its answers. This Comment concludes that Washington courts should continue the practice of informing juries of the effects of their answers and instruct juries on joint and several liability and its effects.

Introduction: Five Approaches To Legal Reasoning In The Classroom: Contrasting Perspectives On O'Brien V. Cunard S. S. Co. , Richard W. Bourne

Missouri Law Review

In late 1989 a small group of law teachers gathered at the University of Baltimore Law School to discuss "Ideology in the Classroom" with four panelists, each representative of a modern "school" of jurisprudence. The goals of the seminar were to explore what role a teacher's ideology should play in structuring the learning process for students, and to do so in a unique way, by having teachers with clearly defined ideological commitments" demonstrate how they would teach the same material.

Teaching Laws With Flaws: Adopting A Pluralistic Approach To Torts, Taunya Lovell Banks

Missouri Law Review

It is important to say at the outset that this discussion about one case, O'Brien v. Cunard Steamship Co.1, would not have been as rich without access to the pleadings and trial record in the case. Too often we teach law courses as perspectiveless, adopting an analytical approach that consciously acknowledges no specific cultural, political, or class characteristics, but which is decidedly male, white and elitist. Today's law school classroom is more diverse both as to gender, race, and class, than ten or twenty years ago. This more diverse student body enters law school with life experiences and perspectives not …

Seizing Fourth Amendment Rights, Kent R. Hopper

Missouri Law Review

Protections for criminal defendants and suspects have undergone a steady erosion with the increasing conservatism of the United States Supreme Court. A recent decision illustrates how this trend carries over to undermine the rights of all citizens. This Note focuses on the decision in Florida v. Bostick, and its impact on Fourth Amendment rights. Part III of this Note contains a review of the current status of Fourth Amendment interpretation from the standpoint of both search and seizure. In Part IV, the majority opinion and the dissent are analyzed in turn. Finally, in Part V, the argument is put forward …

Professional Responsibility And The First Amendment: Are Missouri Attorneys Free To Express Their Views, Elizabeth A. Bridge

Missouri Law Review

The history of First Amendment cases in our country demonstrates that many attorneys have argued successfully for the free speech rights of their clients. When an attorney seeks to invoke the same right as a defense in a professional disciplinary action, however, the attorney may find less shelter under the First Amendment. This Note examines the extent of first amendment protection a Missouri attorney receives when criticizing courts or judges.

Yet Another Hearsay Exception: How Much Can Labels Prove In Missouri, David A. Dick

Missouri Law Review

In Moore v. Director of Revenue, the Southern District of the Missouri Court of Appeals encountered a fact situation that, upon a cursory reading, seems to touch upon an established rule of evidence. A cursory perusal, however, would overlook an evidentiary issue previously undetermined in Missouri. By creating a new exception to the hearsay rule, the Moore court approved the admissibility of labels used to prove container contents. Because this case presents an unusual context for the introduction of labels used to prove contents of a container and little case law discusses the matters at issue, many questions remain as …

Title Page

The Journal of Law and Education

No abstract provided.

Table Of Contents

The Journal of Law and Education

No abstract provided.

Campus Insecurity: Duty, Foreseeability, And Third Party Liability, Sharlene A. Mcevoy

The Journal of Law and Education

No abstract provided.

National Values And Community Values Part I: Gender Equity In The Schools, Michael A. Rebel, Anne W. Murdaugh

The Journal of Law and Education

No abstract provided.

A Constitutional Right To Party, J. Freedley Hunsicker Jr.

The Journal of Law and Education

No abstract provided.

Counterpoint, Perry A. Zirkel

The Journal of Law and Education

No abstract provided.

Recent Developments In The Law

The Journal of Law and Education

No abstract provided.

Banishing Drug Dealers From The Nation's Schools: The Federal Schoolyard Statute,

The Journal of Law and Education

No abstract provided.