Law Commons^™

Efficiency And Individualism, Gary S. Lawson

Faculty Scholarship

Law and economics-the systematic application of neoclassical price theory to legal problems 1 -has dominated the legal academy in recent years. One recent study found that law and economics "for several decades appears to have pervaded about one quarter of scholarship in elite law reviews,"2 and that figure may seriously understate the theory's influence.3 A number of justifiably wellregarded scholarly journals devote themselves almost exclusively to economic analysis of law, and the subject is now a regular part of law school curricula.' Perhaps most importantly, law and economics is a pervasive and influential presence in informal academic discussions. Even legal …

Trademark Law: Vuitton V. White, 945 F.2d 569 (3d Cir. 1991) And The Ex Parte Seizure Order In Trademark Counterfeit Litigation: The Trend Must End, Michael L. Petrucci

University of Dayton Law Review

Vuitton v. White, 945 F.2d 569 (3d Cir. 1991).

Tort Law: The Status Of Assumption Of Risk In Product Liability In Ohio After Cremans V. Willmar Henderson Mfg., 566 N.E.2d 1203 (Ohio 1991), Samuel R. Guelli

University of Dayton Law Review

Cremeans v. Willmar Henderson Mfg., 566 N.E.2d 1203 (Ohio 1991).

Front Matter, Volume 18, Number 1, University Of Dayton

University of Dayton Law Review

Cover, table of contents, administrative information

Corporate Tax Reform: The Key To International Competitiveness, Ann L. Hardman

Vanderbilt Journal of Transnational Law

This Note responds to "Integration of the Individual and Corporate Tax Systems: Taxing Business Income Once," a study the United States Department of the Treasury released on January 6, 1992. This Note explores some of the issues and concerns of integration and considers arguments in support of and against the United States system of taxation. The latter portion of this Note addresses the relationship between international economics and integration, focusing on the potential for international competitive disadvantage under the classical tax system. The author concludes that Congress should read the Treasury's study as a legislative proposal and act upon it …

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

SYSTEMS OF CONTROL IN INTERNATIONAL ADJUDICATION AND ARBITRATION

By W. Michael Reisman

Durham and London: Duke University Press, 1992. Pp. 174.

LEGISLATIVE RESPONSES TO TOBACCO USE

By World Health Organization Dordrecht, The Netherlands: Martinus Nijhoff Publishers, 1991.Pp. 226.

IMPORT AND CUSTOMS LAW HANDBOOK

By Michael J. Horton

New York, New York: Quorom Books, 1992. Pp. 308. $55.00.

THE LAW AND ECONOMIC DEVELOPMENT IN THE THIRD WORLD

Edited by P. Ebow Bondzi-Simpson

New York, New York: Praeger Publishers 1992. Pp. 200. $49.95.

The Taming Of The Shrew: The Liberal Attempt To Mainstream Radical Feminist Theory, Jeanne L. Schroeder

Articles

The article critically examines the opposing views of Cass Sunstein and Catharine MacKinnon on pornography and its legal implications, highlighting their divergent definitions and approaches. Sunstein advocates for a narrow, violence-focused antipornography legislation, while MacKinnon pushes for a broader definition that encompasses gender subordination. The analysis reveals how Sunstein's critique of MacKinnon unintentionally weakens feminist challenges to masculinism by separating sexuality from power dynamics. MacKinnon's theory, rooted in a premodern Christian view of sexuality, posits that pornography constructs women as objects, reinforcing gender inequality. The article underscores the tension between legal reform and the deeper structural changes needed to address …

Retroactive Application Of The Civil Rights Act Of 1991, Kristine N. Mcalister

Vanderbilt Law Review

On November 21, 1991, President Bush signed the Civil Rights Act of 1991 (the "Act") into law. The Act contained a general section stating that its provisions should take effect upon enactment. What the Act did not do, however, is indicate whether it should apply to cases pending at the time of its enactment. Since the Act is more favorable to plaintiffs than was its predecessor, plaintiffs whose cases were pending at the time of its enactment have attempted to amend their complaints to benefit from the new Act's provisions. Congress's failure to indicate whether the Act should apply to …

International Regulatory Harmonization: A New Era In Prescription Drug Approval, David W. Jordan

Vanderbilt Journal of Transnational Law

Critics of the Food and Drug Administration (FDA) have asserted that the agency's process of reviewing new drugs has long been laden with inefficiency and waste and, as a result, new drugs are not made available to consumers on a timely basis. This Note considers the veracity of this claim by examining the history of prescription drug regulation in the United States and the current procedure by which new drugs are reviewed. This Note also addresses the limited extent to which the FDA has interacted with its foreign counterparts in assessing the safety and efficacy of new drugs and the …

Esq. Wires Vol. 4 No. 1, Touro College Jacob D. Fuchsberg Law Center

Yearbooks and Newsletters

Alumni Association Newsletter for the Touro College Jacob D. Fuchsberg Law Center.

Hypnotic Memories And Civil Sexual Abuse Trials, Jacqueline Kanovitz

Vanderbilt Law Review

In the next few paragraphs, the reader will eavesdrop on a psycho- therapy session. During this session, the therapist uses hypnosis, a common technique in clinical practice today. In the past, the legal system has paid little attention to the memory retrieval techniques used in psychotherapy because statutes of limitations have prevented patients from using memories of childhood wrongs uncovered in adult psycho-therapies to bring suit. However, recent changes will force the legal system to examine whether the memory restoring techniques used in psychotherapy can produce memory that is trustworthy enough for the legal system to accept. What follows is …

A Critical Look At Corporate Governance, Lawrence E. Mitchell

Vanderbilt Law Review

The internal law of corporations is built upon the problem of competition-not competition with the world outside the corporate entity, which, according to liberal economic theory, is essential to the increase of wealth and well-being in society, but competition among the various groups of individuals that animate the corporation. The problem is (to extend the implicit metaphor) as if a human being's internal organs were constantly battling to capture all of the body's energy, rather than working together to contribute to the well-being of the whole. Like the human body, the corporation's "energy" (its assets) is, at any given point …

Priorities In Accounts: The Crazy Quilt Of Current Law And A Proposal For Reform, Dan T. Coenen

Vanderbilt Law Review

Moe Promisee has a right under a contract to receive monetary payments from Mae Promisor. Moe assigns his right first to Faye and then to Clay. Whom must Mae pay, Faye or Clay?

For more than a century, judges have struggled with successive assignments to different persons of the same contract right. These cases, which typically involve rights to monetary payments called "accounts," have generated subtleties of doctrine and disagreements among courts. Today, as a general rule, the Uniform Commercial Code controls these cases.' Ambiguities, however, lurk in the Code. Cryptic common-law doctrines also continue to govern many successive-assignment problems. …

Franklin V. Gwinnett County "Public Schools": The Supreme Court Implies A Damages Remedy For Title Ix Sex Discrimination, Susan L. Wright

Vanderbilt Law Review

Congress enacted Title IX of the Education Amendments of 1972 (Title IX)' to address the widespread existence of sex discrimination in educational institutions.' Twenty years later, in Franklin v. Gwinnett County Public Schools, a unanimous Supreme Court put teeth into the statute by finding that Title IX relief includes compensatory damages. he Supreme Court's decision resolved a split of authority between the Third Circuit and the Seventh and Eleventh Circuits. The Court agreed with the Third Circuit, which had recently become the first court of appeals to find a right to compensatory relief under Title IX.

Congress had two main …

The Gains From Faith In An Unfaithful Agent: Settlement Conflicts Between Defendants And Liability Insurers, Michael J. Meurer

Faculty Scholarship

A pervasive problem in the settlement of liability litigation arises because liability insurers bundle their promise to indemnify the insured with a promise to represent the insured in settlement and litigation [see, e.g., Beckwith Machinery Co. v. Travelers Indemnity Co., 638 F.Supp. 1179 (W.D. Pa. 1986)]. Standard policies not only require the insurer to pay for legal representation but, more importantly, give the insurer the privilege of controlling the litigation and settlement process. The problem is how to resolve the conflict of interest between the insurer and the insured that may arise during settlement negotiations. This conflict is manifest when …

Sesquicententennial Scrapbook, Lauren K. Robel

Articles by Maurer Faculty

No abstract provided.

Inferior To None, Colleen Kristl Pauwels

Articles by Maurer Faculty

No abstract provided.

Rethinking Guild, Juries, And Jeopardy, George C. Thomas Iii, Barry S. Pollack

Michigan Law Review

We have attempted in this article to "begin over again and concentrate" by taking a fresh look at the interplay between guilt and jury verdicts. Somewhat to our surprise, we discovered that guilt is undefinable without reference to the larger society. We also discovered that our risk-of-error experiments implicated the principle of double jeopardy. When we began this thought experiment, we intended only to test the risk of error in various jury configurations and verdicts. We ended, however, by articulating a more fundamental principle: guilt is nothing more, and nothing less, than the judgment of society. Any verdict that accurately …

The Growing Disjunction Between Legal Education And The Legal Profession, Harry T. Edwards

Michigan Law Review

This article is my response to Professor Priest and all other legal academicians who disdain law teaching as an endeavor in pursuit of professional education. My view is that if law schools continue to stray from their principal mission of professional scholarship and training, the disjunction between legal education and the legal profession will grow and society will be the worse for it. My arguments are quite straightforward, and probably not wholly original. Nevertheless, they surely merit repetition.

Controlling The Competitor Plaintiff In Antitrust Litigation, William H. Page, Roger D. Blair

Michigan Law Review

In Misuse of the Antitrust Laws: The Competitor Plaintiff, Edward Snyder and Thomas Kauper survey a sample of private antitrust cases from the period 1973-1983 and review critically the recent economic literature on raising rivals' costs as an exclusionary practice.

Much in Snyder and Kauper's study is worthy of comment. They have given us a useful picture of private antitrust litigation during the period covered by the sample, one that may be more accurate than a reading of reported cases from that period would suggest. Moreover, their generally critical treatment of the literature on raising rivals' costs is clear …

Press Freedoms During Times Of Emergency: An Examination Of South Africa And The United States, Fletcher N. Baldwin Jr., W. Edward Mcleod Jr.

Connecticut Journal of International Law

Throughout the 1980s, South Africa prided itself as having the most tolerant press laws on the African continent.' Yet, as South Africa came under increasing domestic and international pressure to end its policies of racial separation, the government of State President P.W. Botha imposed increasingly severe restrictions on dissident elements of the population and the press.2 Fighting back, the South African press reported the unrest and, through editorials and commentary, attacked the government's oppressive segregationalist apartheid policies.

In this paper we propose to examine how the growing crisis in South Africa transformed various laws and government policies that affected the …

A Treaty Is A Treaty Is A Treaty, Malvina Halberstam

Articles

No abstract provided.

Intellectual Property, Karl F. Jorda

Connecticut Journal of International Law

For a patent lawyer it is highly gratifying to have been asked to participate in this timely and topical Symposium and exceedingly pleasing that the subject of intellectual property (IP) was on the program among very important business, financial, economic and environmental topics.

IP has not always been a mainstream subject. Some years ago it was patents and trademarks and copyrights - IP as a concept and a term did not even exist. One kept it a secret that one was a patent lawyer. It did not have a ring to it like IP lawyer does. Now we live in …

Investment Policy And The Environment: The Role For European Community Law, Maurice Sheridan

Connecticut Journal of International Law

The past three years have witnessed an extraordinary degree of change in the countries of Central and Eastern Europe. The extent and pace of change have made it increasingly difficult to predict with any real assurance just which of the structures, institutions, laws or personnel, among other things, that are in place today will still be in place twelve months hence. Such uncertainty has meant that planning within these countries, and planning by those outside of but who wish to operate within, has either been executed in a perilously vacant lot, -or else has had to rely on rules and …

A Comparative Survey Of Culpa In Contrahendo, Focusing On Its Origins In Roman, German, And French Law As Well As Its Application In American Law, Steven A. Mirmina

Connecticut Journal of International Law

This paper will examine a theory of precontractual liability known as culpa in contrahendo, which can be translated as "fault in the negotiation process." The essence of the doctrine is as follows: When two parties bargain in order to enter a contract, and a contract is not consummated, one party may suffer damages due to the expenditures he made in preparation to enter the agreement. When one of the parties, through blameworthy conduct, prevented the contract from coming into force, he should be liable for the expenses of the other.

Such would be the case if a homeowner wanted to …

Capital Markets In Eastern Europe: The Financial Black Hole, Istvan Abel, John P. Bonin

Connecticut Journal of International Law

Hungary is recognized as the transforming country that has made the greatest strides to date in developing its capital market. But the Hungarian example is not yet a success story; the legacies of the past weigh heavy. Since all of the transforming countries are struggling with the problem of creating capital markets, a close look at the Hungarian experience to date will provide insight into what may be reasonable expectations for. the speed with which flexible capital markets can be created during the transition. Without meaningful progress toward developing efficient financial intermediation early in the transition, privatization will be impeded …

Connecticut Compendium Of International And Comparative Legal Scholarship

Connecticut Journal of International Law

No abstract provided.

Northern Cheyenne Indian Reserved Water Rights Settlement Act Of 1992, United States 102nd Congress

Native American Water Rights Settlement Project

Federal Legislation: Northern Cheyenne Indian Reserved Water Rights Settlement Act of 1992. PL 102-374, 106 Stat. 1186. Parties: US & Northern Cheyenne Nation. The Act ratifies a Compact with MT on June 11, 1991. The Northern Cheyenne Indian Reserved Water Rights Settlement Trust Fund will be established in the US Treasury, but the Tribe shall make a $11.5 million loan available to MT to assist with the Tongue River Dam Project costs (estimated at $52.2 million). For the Tribe itself, there are authorized $7.4 million in 1995, $9 million in 1996 and $5.1 million in 1997. $3.5 million is authorized …

The Opinion Volume 33 Number 4 – September 30, 1992, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated September 30, 1992

The Record - Vol. 21, Issue 7, Iit Chicago-Kent College Of Law

The Record

Chicago-Kent College of Law newsletter. Topics covered include: announcements and notices, events, information for specific students, job postings, internship opportunities, scholarships, financial aid, information about societies and other organizations, and career advice.