Law Commons^™

Civil Rights Act Of 1991, William L. Taylor

Touro Law Review

No abstract provided.

Looking At Our Language: Glendon On Rights, James Boyd White

Michigan Law Review

A Review of Rights Talk: The Impoverishment of Political Discourse by Mary Ann Glendon

Less Law Than Meets The Eye, David D. Friedman

Michigan Law Review

A Review of Order Without Law: How Neighbors Settle Disputes by Robert C. Ellickson

Book Reviews & Notices: Mark A. Graber, Transforming Free Speech, Gregory P. Magarian

Scholarship@WashULaw

Gregory P. Magarian, Book Reviews & Notices: Mark A. Graber, Transforming Free Speech, 90 Mich. L. Rev. 1425 (1992)

Fighting Exclusion From Televised Presidential Debates: Minor-Party Candidates' Standing To Challenge Sponsoring Organizations' Tax-Exempt Status Note, Gregory P. Magarian

Scholarship@WashULaw

This Note argues that courts should recognize minor-party presidential candidates' standing to challenge the section 50l(c)(3) tax-exempt status of organizations sponsoring televised debates that exclude minor-party candidates. Part I situates the issue within the context of the Supreme Court's standing jurisprudence and concludes that the validity of a third-party tax-status challenge by an aggrieved minor-party presidential candidate remains an open question. Part II analyzes the Second and District of Columbia Circuits' decisions and concludes that the Second Circuit's approach properly interprets the Supreme Court's standing doctrine and correctly resolves the particular arguments which both courts consider. Part III first demonstrates …

Notaries Public From The Time Of The Roman Empire To The United States Today, And Tomorrow, Michael L. Closen, G. Grant Dixon Iii

North Dakota Law Review

No abstract provided.

Constructive Possession Of Controlled Substances: A North Dakota Look At A Nationwide Problem, George H. Singer

North Dakota Law Review

No abstract provided.

Unanswered Prayers: The Upper Missouri River Basin States Take On The U.S. Army Corps Of Engineers, Brian Morris

North Dakota Law Review

No abstract provided.

The Iowa Migrant Ombudsman Project: An Innovative Response To Farm Worker Claims, Beverly A. Clark

North Dakota Law Review

No abstract provided.

Planning For The Tax Effects Of Liquidating And Reorganizing The Farm And Ranch Corporation, Roger A. Mceowen

North Dakota Law Review

No abstract provided.

Federal Court Review Of Tribal Activity Under The Indian Civil Rights Act, Robert Laurence

North Dakota Law Review

No abstract provided.

Fredericks V. Elde-Kirschmann Ford: The Vehicle To Enforcing Tribal Court Civil Judgements, Jon J. Jensen

North Dakota Law Review

No abstract provided.

Automobiles: Vehicle Kept For Us Of Family: The Family Purpose Doctrine - Just What Is Its Purpose In North Dakota, Andrew L B. Noah

North Dakota Law Review

No abstract provided.

The Interaction Of Agricultural Law And Bankruptcy Law: A Survey Of Recent Cases, Susan A. Schneider

North Dakota Law Review

No abstract provided.

Tribal Considerations In Comity And Full Faith And Credit Issues, B. J. Jones

North Dakota Law Review

No abstract provided.

A Proposal For A Presumed Consent Organ Donation Policy In North Dakota, Daniel J. Crothers, Catherine G. Uglem

North Dakota Law Review

No abstract provided.

Restitution For Consumers Under The Federal Trade Commission Act: Good Intentions Or Congressional Intentions, Peter C. Ward

American University Law Review

No abstract provided.

The Rhetoric Of Gun Control, Andrew Jay Mcclurg

American University Law Review

No abstract provided.

Lifting The Genealogical Veil: A Blueprint For Legislative Reform Of The Disclosure Of Health-Related Information In Adoption, Marianne Blair

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

The Relevance Of Coherence, Joseph Raz

Faculty Scholarship

Coherence is in vogue. Coherence accounts of truth and of knowledge have been in contention for many years. Coherence explanations of morality and of law are a newer breed. I suspect that like so much else in practical philosophy today they owe much of their popularity to John Rawls. His writings on reflective equilibrium, while designed as part of a philosophical strategy which suspends inquiry into the fundamental questions of moral philosophy, had the opposite effect. They inspired much constructive reflection about these questions, largely veering toward coherence as the right interpretation both of reflective equilibrium and of moral philosophy. …

The Political Ecology Of Takeovers: Thoughts On Harmonizing The European Corporate Governance Environment, Ronald J. Gilson

Faculty Scholarship

Economic policy debate in the United States during the 1980s focused on the dynamics of bidder and target tactics in hostile takeovers. Confronted with the largest transactions in business history, financial economists took advantage of developments in econometric techniques to conduct virtually real time studies of the impact on firm value of each new bidder tactic and target defense. For courts and lawyers, hostile takeovers subjected standard features of corporate law to the equivalent of a stress x-ray, revealing previously undetected doctrinal cracks. Congress held seemingly endless hearings on the subject, although managing to enact only relatively innocuous tax penalties …

Privacy In The Information Economy: A Fortress Or Frontier For Individual Rights?, Joel R. Reidenberg

Faculty Scholarship

No abstract provided.

The Individualized-Consideration Principle And The Death Penalty As Cruel And Unusual Punishment, Ronald J. Mann

Faculty Scholarship

The Eighth Amendment to the United States Constitution prohibits infliction of "cruel and unusual punishments." The Supreme Court established the basic principles applying this amendment to the death penalty during a six-year period in the 1970's. First, in 1972, in Furman v. Georgia, the Court invalidated all then-existing death penalty statutes. Second, in 1976, in Gregg v. Georgia and its companions, the Court upheld some of the statutes promulgated in response to Furman but invalidated others. Finally, in 1978, in Lockett v. Ohio, the Court invalidated an Ohio statute because it failed to give the sentencer a sufficient …

Down The Rabbit-Hole And Into The Nineties: Issues Of Accountability In The Wake Of Eighties-Style Transactions In Control, Deborah A. Demott

Faculty Scholarship

No abstract provided.

No "Sweat"? Copyright And Other Protection Of Works Of Information After Feist V. Rural Telephone, Jane C. Ginsburg

Faculty Scholarship

The Supreme Court's unanimous decision last Term in Feist Publications, Inc. v. Rural Telephone Service Co. proscribed copyright protection for works of information that fail to manifest a modicum of creative originality in selection or arrangement. Discarding a long – if lately uneasy – tradition of U.S. copyright coverage of informational works that display far greater industriousness than imagination, the Court ruled that copyright does not secure the "sweat of the brow" or the investment of resources in the compilation of a work of information. The Court thus stripped away or sharply reduced the copyright protection afforded a variety …

Efficiency And Individualism, Gary S. Lawson

Faculty Scholarship

Law and economics-the systematic application of neoclassical price theory to legal problems 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," and that figure may seriously

understate the theory's influence. A number of justifiably well regarded 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 …

An Interpretivist Agenda, Gary S. Lawson

Faculty Scholarship

As I write these words, bevies of law clerks assigned to cases involving the Bill of Rights are dutifully editing their bench memos for publication in the national reporter system. Once printed, these bench memos will be solemnly treated by lawyers, scholars, other law clerks, and the occasional judge who runs across them as legally significant, or even binding, interpretations of the Constitution. Two features of this burgeoning mass of otherwise unpublishable law review comments bear mention. First, most of them are tedious, tendentious, pretentious, and badly reasoned when reasoned at all, just as one would expect from authors who …

Intra-Professional Warfare Between Prosecutors And Defense Attorneys, Nancy J. Moore

Faculty Scholarship

Until recently, I was only vaguely aware of the ongoing "war" be- tween the United States Department of Justice and the American Bar Association over the ethical conduct of prosecutors in their relation- ships with criminal defense attorneys.' Indeed, while I had always covered some aspects of prosecutorial misconduct in my professional responsibility course, I had never included either of the two ethics rules debated in this symposium-Model Rules 4.2 [hereinafter "the anti- contact rule"]2 and 3.8(f) [hereinafter "the subpoena rule"].3

The Changing Landscape Of Human Experimentation: Nuremberg, Helsinki, And Beyond, George J. Annas

Faculty Scholarship

Since World War II there have been persistent efforts at both the national and international level to develop rules to protect the rights and welfare of subjects of human experimentation.' These efforts have focused primarily on codifying the rights of subjects, and protecting their welfare by prior peer review of research protocols. In recent years research regulations have been under attack by politicians, drug companies, researchers, and advocacy groups. In less than half a century, human experimentation has been transformed from a suspect activity into a presumptively beneficial activity. With this transformation, traditional distinctions between experimentation and therapy, subject and …

Risky Business: Setting Public Health Policy For Hiv-Infected Health Care Professionals, Leonard H. Glantz, Wendy K. Mariner, George J. Annas

Faculty Scholarship

An analysis of the restrictive proposals provoked by the case of Kimberly Bergalis and four other patients apparently infected with HIV during the course of dental treatment reveals that they resulted from an inability to evaluate appropriately the infinitesimal risk of HIV transmission from practitioner to patient. The proposals also resulted from an effort to create risk prevention policy without appreciating the distinction between regulating things or procedures, which have no human rights, and regulating people, who have rights that should not be infringed without serious justification. This analysis demonstrates that the proposed restrictive policies are not justified because they …