Law Commons^™

Building Upon The Architectural Works Protection Act Of 1990, Vanessa N. Scaglione

Fordham Law Review

No abstract provided.

Why So Many Lawyers? Are They Good Or Bad?, Robert C. Clark

Fordham Law Review

In this essay, Dean Clark examines the popular notion that the United States has too many lawyers and that this abundance burdens the nation. While acknowledging the great growth of law and lawyers in recent decades, Dean Clark argues that, before denouncing this trend, we should first seek to develop a fuller explanation of its causes and consequences. After discussing just what it is that lawyers do, Dean Clark critiques three current "cancerous growth" theories that attempt to explain why there has been such a great and unhealthy increase in the number of lawyers Dean Clark then offers and analyzes …

The Last Promissory Estoppel Article, Jay M. Feinman

Fordham Law Review

In this essay, Professor Feinman argues that the doctrine of promissory estoppel has outlived its usefulness as a theory of contract Professor Feinman relies on an article written by Professors Edward Yorio and Steven Thel as an illustration of the debate over whether promissory estoppel is based upon the enforcement of promises or the protection of reliance. Professor Feinman rejects the conceptual framework upon which this debate is based and ultimately proposes that contract law should move to a relational analysis, ignoring the distinction between promise and reliance and replacing it with an analysis of the obligations involved in a …

Erisa's Preemption Of State Tax Laws, Kevin Matz

Fordham Law Review

No abstract provided.

The Empire Strikes Back: The Taking Of Joe Doherty, James T. Kelly

Fordham Law Review

In this Article, Mr. Kelly summarizes the eight year diplomatic and legal effort to return Joe Doherty, a member of the Provisional Irish Republican Army, from the United States to the United Kingdom, where he was wanted for his role in the death of a British soldier and for his escape from prison. The Article begins by considering the British-Irish conflict over the partition of Ireland and the political and diplomatic role the United States has played in mediating that conflict. It then recounts the unsuccessful efforts of the United States and the United Kingdom to extradite Doherty, and the …

"Protection" Of Volunteers Under Federal Employment Law: Discouraging Voluntarism, Leda E. Dunn

Fordham Law Review

No abstract provided.

Dances With Nonlawyers: A Perspective On Law Firm Diversification, Gary A. Munneke

Fordham Law Review

In this Article, Professor Munneke continues the debate over ethical rules governing lawyers' professional affiliations with nonlawyers, arguing in favor of the adoption of uniform rules that regulate lawyers' conduct in the context of specific ethical issues, such as confidentiality and conflicts of interest. In Professor Munneke's view, the retention of ethical rules that prohibit law firm diversification impedes the ability of lawyers to compete effectively in today's rapidly changing marketplace of professional services. Professor Munneke moreover questions whether state bar association rules that prohibit law firm diversification are capable of withstanding judicial scrutiny under the federal antitrust laws and …

The Dalkon Shield Claimants Trust: Paradigm Lost (Or Found)?, Georgene M. Vairo

Fordham Law Review

In this Essay, Dean Vairo discusses the policies and procedures governing the Dalkon Shield Claimants Trust After raising questions about the Trust's experience in a theoretical and jurisprudential context Dean Vairo describes the historical development of the Trust and provides a preliminary aosesment of the Trust's performance. Dean Vairo addresses various criticisms of the Trust and calls for a reasoned analysis of the Trust's policies in light of the theoretical questions raised in this Essay to determine whether the Trust should be considered as a model for resolving other mass tort cases.

Time Present, Time Past, Time Future: Understanding The Scope Of Discovery In Texas Courts, William V. Dorsaneo Iii, Elizabeth Thornburg

Faculty Journal Articles and Book Chapters

No abstract provided.

Internal Tribal Fragmentation: An Examination Of A Normative Model Of Democratic Decision-Making, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

A recent commentary by Gerald A. Alfred in the spring 1991 edition of the Northeast Indian Quarterly dealt with a subject matter which is either ignored or radically exaggerated when it is broached in Indian Country: political fragmentation (or segments or cleavages) and ideological conflict within North American Indian tribes and the ramifications of such internal conflict on tribal identity.

This paper, after restating Alfred's major points about Mohawk segmentation at Kahnawake, describes and then analyzes a viable alternative democratic decision-making model which has been specifically designed to address the problems of how not only to restore, but also to …

The Forgotten Victims, Suzanna Sherry

Vanderbilt Law School Faculty Publications

The attention and hand-wringing lavished on race relations by Aleinikoff and many others obscures the fact that by every measurement of formal equality, and by many measures of substantive equality, white women are further behind than black men (black women, unsurprisingly, are on the bottom). It leads us to focus our energies, our remedies, and our scarce resources on race discrimination, often at the direct expense of women. I hope to do three things in my brief remarks today. First, I will suggest that Professor Aleinikoff's paper exaggerates the problem it addresses. Second, I will explain what I mean when …

Before Guardianship: Abuse Of Patient Rights Behind Closed Doors, Peter J. Strauss

Articles & Chapters

No abstract provided.

Book Review: U.S. Energy And Environmental Interest Groups By Lettie Wenner, Tracey E. George

Vanderbilt Law School Faculty Publications

Interest groups have played a dominant if not determinative role in the "greening of America." Thus, that Lettie Wenner, a political scientist who has devoted much of her career to studying environmental issues (The Environmental Decade (1982) and One Environment Under Law (1976)), should publish a compendium describing such groups is an occasion for optimism. And, indeed, she does provide a useful reference tool for those seeking basic descriptions of these groups; yet, unfortunately, she does not offer a thorough or critical understanding of how they operate.

Lee V. Weisman: Paradox Redux, Suzanna Sherry

Vanderbilt Law School Faculty Publications

For more than two decades, the Supreme Court's Establishment Clause jurisprudence was "at war with" its Free Exercise jurisprudence. In recent years, however, two major decisions--"Employment Division v. Smith" and "Lee v. Weisman"--have effected a significant shift in our religion clause jurisprudence. In this article I will suggest that, considered together, these two decisions have merely replaced one form of incoherence with another. In particular, I will suggest that either decision could be justified alone--and indeed, that either standing alone would be an improvement on the Court's previous religion clause doctrine--but that together they make little sense.

Natural Law In The States, Suzanna Sherry

Vanderbilt Law School Faculty Publications

Two of our most cherished constitutional myths are that we are, more or less, carrying on the constitutional traditions of the framers, and that the framers' most significant innovation was the invention of a written constitution. Neither belief is true. This article is the second in a series suggesting that our vision of the Constitution differs in a particular and important way from that of the framers: for us, it is the sole source of fundamental law, while for the framers it was only one source among many.

Rights Talk: Must We Mean What We Say?, Suzanna Sherry

Vanderbilt Law School Faculty Publications

Mary Ann Glendon has written a powerful and persuasive diagnosis of the ills besetting modern American society. Unlike many other commentators, Glendon refuses to lay the blame on any single group or institution but spreads her accusations widely across society. For that reason, this book is sure to displease ideologues and fellow travelers on both the left and the right, but it is her impartial and relatively apolitical stance that gives the book its major strengths.

The Ghost Of Liberalism Past, Suzanna Sherry

Vanderbilt Law School Faculty Publications

We the People is an ambitious book by one of our best constitutional theorists. Part one of a projected three-volume series, it aims at nothing less than a re-envisioning of American constitutional history and promises a new synthesis of law, politics, and history. Ackerman weaves an intriguing story about who we are and who we might be as a people. Unfortunately, Ackerman's tale fails to inspire, because it is mired in a fictional past and envisions a utopian future. In addition, the book ultimately raises more questions than it answers because it provides inadequate criteria to identify the moments in …

Multijurisdictional Estates And Article Ii Of The Uniform Probate Code, Jeffrey Schoenblum

Vanderbilt Law School Faculty Publications

The prefatory note to the 1990 revisions of article II of the Uniform Probate Code ("UPC") indicates that the changes wrought are a response to several developments since the promulgation of the UPC in 1969. The prefatory note emphasizes the decline of formalism, the proliferation of will substitutes, the multiple-marriage society, and the rise of the partnership/marital sharing theory as stimulative of the revisions introduced. The theme of this article is that one other crucial development has been essentially ignored. No serious attempt has yet been made by the drafters to address the immensely complex yet commonplace issues associated with, …

Taxation, Cynthia M. Ohlenforst, Jeff W. Dorrill

SMU Law Review

No abstract provided.

Can We Express Ourselves Dancing Naked - Barnes V. Glen Theatre, Inc. - The First Amendment And Freedom Of Expression, Chris Joe

SMU Law Review

No abstract provided.

Income Tax Rhetoric (Or Why Do We Want Tax Reform?), Beverly I. Moran

Vanderbilt Law School Faculty Publications

The 1992 presidential election is over but the United States economy still faces hard times. Each man who hoped to lead us promised to revive our sick economy, and each cure promised included a strong dose of tax reform. At no time during the campaign or the transition did anyone seem to ask: Can tax reform actually increase employment, lower the deficit, nwerse our trade imbalance, or provide any other boost out of the recession? Why do Americans accept the notion that economic recovery requires tax reform? We did not always think this way. Why does it seem so natural …

Market Power In Antitrust, George A. Hay

Cornell Law Faculty Publications

The concept of market power is at the core of antitrust. Philosophically, antitrust policy is aimed primarily at preventing firms from achieving, retaining, or abusing market power. Operationally, assessing whether a firm or firms have market power or any reasonable prospect for achieving it is often the first (and sometimes, the only) step in performing an antitrust analysis.

Few would dispute that market power should play a prominent role in antitrust analysis. Nevertheless, important questions remain. Some of these questions quite naturally focus on the precise degree of importance given to market power. Is it an essential ingredient in antitrust …

Death-Innocence And The Law Of Habeas Corpus, Stephen P. Garvey

Cornell Law Faculty Publications

The legal space between a sentence of death and the execution chamber is occupied by an intricate network of procedural rules. On average, it currently takes between six and seven years to traverse this space, but this interval is expected to shrink. Federal habeas corpus, an important part of this space, is studded more and more with procedural obstacles that bar the federal courts from entertaining the merits of a defendant's claims. By design, these barriers foreclose federal review in order to protect the state's interests in the finality of its criminal convictions, as well as to display healthy respect …

Recent Developments: King V. St. Vincent's Hospital: Members Of The Armed Forces Retain The Right To Civilian Reemployment Under 38 U.S.C. § 2024(D) Regardless Of The Duration Of Active Duty, Shawn Gritz

University of Baltimore Law Forum

No abstract provided.

The Evolving Framework Of The United States Export Control System: A Case Study In Exporting Fiber Optic Telecommunications Systems To The Former Soviet Union, Linda M. Googins

University of Baltimore Law Forum

No abstract provided.

Recent Developments: 3011 Corp. V. District Court: Corporations Charged With A Criminal Offense Have A Right To A Jury Trial, Kenneth A. Brown

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Lee V. Weisman: Court Holds Non-Sectarian Prayer At Secondary School Graduation Ceremony Violates Establishment Clause Of The First Amendment To The Constitution, David E. Canter

University of Baltimore Law Forum

No abstract provided.

Corporate Culpability Under The Federal Sentencing Guidelines, Jennifer Moore

Faculty Scholarship

This Article examines the use of corporate culpability in the Federal Sentencing Guidelines and addresses three major questions: In light of the traditional unimportance of culpability in corporate criminal law, is corporate culpability an appropriate concern of the Guidelines? If so, how is corporate culpability best conceptualized? Finally, how do the Guidelines understand corporate culpability, and how close do they come to embodying this most satisfying theory? Part I of the Article discusses the principal reasons why culpability has been important at the trial and sentencing of individual criminals, and argues that similar reasons justify concern with culpability in the …

Opic Insures Investment In Central And Eastern Europe And The Baltic States, Randi S. Cohen

Cardozo Journal of International and Comparative Law

No abstract provided.

Reflections Upon The Federal Administrative Judiciary, Paul R. Verkuil

Faculty Publications

No abstract provided.