Law Commons^™

Lawyers And Caring: Building An Ethic Of Care Into Professional Responsibility, Theresa Glennon

UC Law Journal

In the last decade, a new literature has arisen, grounded in feminism, reconsidering morality, identity, and moral development. Professor Glennon applies these feminist-based ideas about moral development to a pedagogy of responsibility. She explores some of the ways in which this alternative view of moral development might affect our understanding of teaching. Professor Glennon shows that students must view themselves as capable, cared-for, and empowered in order to achieve an enlarged self-definition of professional responsibility and conceive of themselves as professionals in ways other than the dominant, privatized mode.

Developing An Identity Of Responsible Lawyering Through Experiential Learning, Homer C. La Rue

UC Law Journal

Professor La Rue explores the use of student lawyering experiences in the development of a responsible professional identity. He shows how it is possible, through the selection of practice settings that situate students side-by-side with subordinated people, for students to understand law as a multidimensional enterprise. His goal is to help us understand law as a translation of human stories and to recognize how this translation involves value laden choices that have the effect of silencing certain voices.

The Social Construction Of A Rape Victim: Stories Of African-American Males About The Rape Of Desiree Washington, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

Has The Supreme Court Allowed The Cure For De Jure Segregation To Replicate The Disease?, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

Judge And Jury Roles In Equivalents Analysis: Commentary On Malta V. Schulmerich Carillons, Mark D. Janis

Articles by Maurer Faculty

In Malta v. Schulmerich Carillons Inc. a divided panel of the Federal Circuit affirmed a JNOV granted on a jury verdict of infringement under the doctrine of equivalents. In so doing, the panel majority confirmed the applicability of guidelines from previous cases for determining the threshold level of evidence necessary to get the equivalents issue to the jury. This paper argues that despite powerful criticism from the dissent, the common sense guidelines articulated in theMalta majority opinion are not only necessary, but are appropriate. Indeed, the paper argues that the Malta guidelines are fundamental to the equivalents analysis, and …

Book Review. This Week On The Talk Shows: The Litigation Explosion, J. Alexander Tanford

Articles by Maurer Faculty

No abstract provided.

Biological Diversity And Environmental Protection: Authorities To Reduce Risk, Robert L. Fischman

Articles by Maurer Faculty

No abstract provided.

Commentary: The Tax Legislative Process -- A Critical Need, William D. Popkin

Articles by Maurer Faculty

No abstract provided.

Thinking About Elephants: Admonitions, Empirical Research And Legal Policy, J. Alexander Tanford

Articles by Maurer Faculty

No abstract provided.

Book Review. Teaching Conflicts, Improving The Odds, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

The Federal Rules Of Evidence After Sixteen Years -- The Effect Of "Plain Meaning" Jurisprudence, The Need For An Advisory Committee On The Rules Of Evidence, And Suggestions For Selective Revision Of The Rules, Aviva A. Orenstein, Edward R. Becker

Articles by Maurer Faculty

No abstract provided.

An "Internal" Critique Of Justice Scalia's Theory Of Statutory Interpretation, William D. Popkin

Articles by Maurer Faculty

No abstract provided.

Worst Things First: Risk, Information, And Regulatory Structure In Toxic Substances Control, John S. Applegate

Articles by Maurer Faculty

Scientific uncertainty is the characteristic problem of toxic substances control, and regulators lack the resources to resolve or significantly reduce uncertainty across all of the risks they must address. For this reason, the Environmental Protection Agency (EPA) has become intensely interested in setting priorities among its responsibilities. EPA lacks, however, a coherent framework within which to implement its findings. In this Article, Professor Applegate proposes that the current regulatory regime for toxic substances be restructured to emphasize thoughtful priority setting rather than unrealistic risk standards and deadlines. In his view, Congress should provide broad parameters for agency action in particular …

A Bargaining Analysis Of American Labor Law And The Search For Bargaining Equity And Industrial Peace, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

No abstract provided.

Judgments From A Choice-Of-Law Perspective, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

Book Review. The Premature Burial Of The Irreparable Injury Rule, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

Bankruptcy In The Seventh Circuit: 1991, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.

Barnes V. Glen Theatre, Inc.: Nude Dancing And The First Amendment Question, Zachary T. Fardon

Vanderbilt Law Review

Erotic dancers Gayle Sutro, Carla Johnson, and Darlene Miller can no longer dance nude in Indiana. In Barnes v. Glen Theatre, Inc. the United States Supreme Court held that Indiana's prohibition of nude dancing did not violate the First Amendment to the United States Constitution. The Court's holding ended years of controversy and debate over Indiana's public indecency statute.

In 1979, in State v. Baysinger, the Indiana Supreme Court held that Indiana's public indecency statute could be used to prohibit nude dancing. The court stated that the statute could not prohibit some larger forms of expression involving the communication of …

On Truth And Shielding In Child Abuse Trials, Jean Montoya

UC Law Journal

Concern for the victims of child abuse has recently swept the nation. This popular mood has led most states and the federal government to enact legislation designed to protect abused children from the strain of testifying at the criminal trials of their assailants. Many of these statutes limit face-to-face confrontation between the witness and defendant, most commonly by using a live video transmission between the courtroom and the child's separate testimonial room. Of course, such procedures implicate a criminal defendant's Sixth Amendment right to confront adverse witnesses. The United States Supreme Court held in Maryland v. Craig that testimony by …

Why Limit A Good Thing--A Proposal To Apply The California Antilapse Statute To Revocable Living Trusts, Rochelle A. Smith

UC Law Journal

Revocable living trusts have become a standard estate planning tool for avoiding the time, expense, and delay of probate. These popular will-substitutes allow donors to pass property at death and achieve the same result as would be obtained through a testamentary disposition. However, whereas California testators are protected by remedial measures such as the lapse and antilapse statutes, revocable living trustors are not. In California, when a devisee predeceases the testator, lapse and antilapse statutes operate together to terminate those gifts that potentially would pass to strangers while saving gifts devised to family members and passing these gifts directly to …

Data Processing And Government Administration: The Failure Of The American Legal Response To The Computer, Paul Schwartz

UC Law Journal

The use of computers to process vast quantities of data is currently a vital aspect of government administration. In order to centralize control over massive government programs, government agencies commonly implement computerized data processing systems that collect and analyze personal information regarding millions of citizens, and make this information available to numerous government officials. Yet, in contrast to many European countries, the development of American law reflects scant awareness of the dangers of this application of computerized data processing. Professor Schwartz attempts to remedy this problem by developing a legal approach to regulating the government's use of computerized data processing …

Balancing Ethical Imperatives And Political Constraints: The Dilemma Of New Democracies Confronting Past Human Rights Violations, Jose Zalaquett

UC Law Journal

Since the early 1980s, newly emerging democracies have been confronting the ethical and political dilemma of how to address a legacy of human rights violations committed by former governments. Unlike the circumstances surrounding the war crimes trials in the wake of World War II, when recently deposed rulers were powerless, in many contemporary political transitions the perpetrators of past abuses continue to wield considerable power. As new governments attempt to repair the damage caused by their predecessors and to prevent the recurrence of human rights violations, they must avoid provoking a backlash.

In his Lecture, Sefior Zalaquett argues that these …

On Formally Undecidable Propositions Of Law: Legal Indeterminacy And The Implications Of Metamathematics, Mark R. Brown, Andrew C. Greenberg

UC Law Journal

Recent articles in the Critical Legal Studies literature claim that results from mathematical logic show that no system of law can be formalized so that every dispute is determinate. Specifically, it has been suggested that G6del's Incompleteness Theorem and the works of Lbwenheim and Skolem inform the question whether the law compels outcomes of cases. Because those results prove that certain formal systems of mathematics are necessarily indeterminate, they might suggest that analogous claims are true of the law.

In their Article, Mr. Greenberg and Professor Brown analyze Gbdel's Incompleteness Theorem in an attempt to determine how, if at all, …

Televising California's Death Penalty: Is There A Constitutional Right To Broadcast Executions, Jeff Angeja

UC Law Journal

Any discussion of capital punishment sparks heated debate regarding not only the merits of capital punishment, but also the humanity of particular modes of execution and the efficiency and justice of the last minute appeals process. The electronic media has added a further component to this debate: Is there a First Amendment right of access to the execution chamber that would allow the electronic media to videotape an execution for subsequent viewing? If current death penalty statutes remain in effect, then this perplexing issue may represent one of the most controversial death penalty issues.

This Note first examines the criteria …

A Reexamination Of The Non-Dischargeability Of Criminal Restitutive Obligations In Chapter 13 Bankruptcies, Ann Haberfelde

UC Law Journal

In 1990, the Supreme Court held that criminal restitution was dischargeable as a debt in a Chapter 13 bankruptcy proceeding. Congress subsequently amended the bankruptcy laws to exclude criminal restitution from the debts dischargeable in Chapter 13 proceedings.

This amendment represents the elevation of the states' interest in their criminal laws at the expense of the policies served by the bankruptcy laws. By tracing the origins of criminal restitution as a form of punishment, examining the development of bankruptcy discharge policy, and considering the interrelation of state and federal laws, this Note proposes a more equitable solution. Rather than viewing …

Violence At Our Border: Rights And Status Of Immigrant Victims Of Hate Crimes And Violence Along The Border Between The United States And Mexico, Michael J. Nunez

UC Law Journal

The mounting problems of abuse and neglect faced by illegal aliens crossing the border between the United States and Mexico have called into question the legal rights and the status of these undocumented immigrants. This Note examines how illegal aliens are treated by the American judicial system when asserting constitutional or civil rights claims. The Note begins by discussing the constitutional status of the illegal alien, and proceeds to argue that remedies such as state civil and criminal actions should be available to illegal alien victims of border violence.

In the context of border violence, the rights theoretically granted to …

Economic Rights In The United States And International Human Rights Law: Toward An Entirely New Strategy, Barbara Stark

UC Law Journal

By ratifying the International Covenant on Economic, Cultural and Social Rights, a government "commits itself to its best efforts to secure for its citizens the basic standards of material existence." The United States is the only major industrialized democracy that has not yet ratified the Covenant. Two reasons have been advanced to explain our nonadherence. First, economic rights are foreign to domestic conceptions of rights. Second, the concerns addressed in the Covenant are primarily within the jurisdiction of the states.

In 1990, Professor Philip Alston urged those seeking ratification to develop "an entirely new strategy." Professor Stark believes that there …

The Policy In Favor Of Settlement In An Adversary System, Stephen Mcg. Bundy

UC Law Journal

In recent years the settlement of pending civil cases has become an avowed goal of federal judicial administration. This Article considers whether this new policy favoring settlement is justified and how the policy ought to be implemented. The new policy differs from prior settlement preferences in rejecting the assumption, basic to the adversary system, that represented parties' decisions to continue litigation generally serve both the parties' and the public interest.

This Article examines the premises of the policy favoring settlement in light of recent changes in federal litigation. Professor Bundy considers the private interest arguments in favor of settlement and …

The Golden State Of Labor Preemption: The Circuit Courts Have Gone Too Far, Tod A. Cochran

UC Law Journal

The doctrine of preemption is widely considered to be the most confusing area in labor law. In 1986, the Supreme Court changed the preemption playing field with its holding in Golden State Transit Corporation v. City of Los Angeles. Golden State and the circuit court interpretations of it expand the degree to which state and local actions are preempted by the National Labor Relations Act (NLRA). This Note argues that many of the circuit decisions have misinterpreted the Golden State doctrine in ways that expressly disadvantage workers and frustrate the principles of the NLRA.

A coherent analytical framework has yet …

Electing The U.N. Secretary-General After The Cold War, Joakim E. Parker

UC Law Journal

This Note examines the rules governing the election of the United Nations Secretary-General. The rules, developed at the nascency of the Cold War, reflect an effort to accommodate superpower conflicts, and seem to contradict the broad principles that guided the development of the United Nations Charter.

This Note argues that the electoral rules are the catalyst for the regionalism, deadlock, and political maneuvering that plague elections of the Secretary-General. These problems, and the realities of a changing global political order, affirm the need to alter the electoral rules. The Note proposes a redefinition of each stage of the election, using …