Law Commons^™

The Fee Shifting Remedy: Panacea Or Placebo? (Foreward), Harold J. Krent

All Faculty Scholarship

No abstract provided.

Beyond Gender: Peremptory Challenges And The Roles Of The Jury, Nancy S. Marder

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No abstract provided.

State Constitutional Torts: Deshaney, Reverse-Federalism And Community, Sheldon Nahmod

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No abstract provided.

A Teacher's Trouble: Risk, Responsibility And Rebellion, Margaret Martin Barry, Lisa Lerman, Homer La Rue, Odeana R. Neal

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What follows is an edited transcript of a session at the 1995 Annual Meeting of the Association of American Law Schools, held in New Orleans, Louisiana, January 7, 1995. The meeting was a joint plenary session of the AALS Section on Professional Responsibility and the Section on Clinical Legal Education. The meeting was planned and the role plays were written by Professors Margaret Martin Barry and Lisa Lerman of The Catholic University of America and Professor Homer La Rue of Howard University.

The purpose of the program was to foster interaction among teachers of professional responsibility and clinical teachers about …

Authors, Editors, And Uncommon Carriers: Identifying The "Speaker" Within The New Media, Michael I. Meyerson

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First Amendment analysis has historically depended on whether a party is a speaker, an editor, or a carrier. With communications technology rapidly evolving, determining which category is appropriate becomes increasingly complex, and ascertaining the First Amendment protections that are applied to various actors in the process of diffusing ideas becomes difficult. This article looks to the historical treatment of the First Amendment rights of speakers, editors, and distributors. This article traces the Supreme Court’s treatment of speech regulations on new technologies, from telegraph and telephone regulations to the seminal Turner Broadcast System, Inc. v. FCC case that created rules for …

Myths And Moms: Images Of Women And Termination Of Parental Rights, Odeana R. Neal

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For most of us, the word "mother" evokes a myriad of often conflicting images and emotions, expectations and disappointments, and gratitude and blame. What a mother is - our own mothers and the class of people who are mothers - means much more than that a woman has given birth. We expect mothers to provide their children with all the love, caring, nurturing, and emotional fulfillment that we perceive those children need and desire; we expect her to be all things that we want her to be when we need her to be them. A woman who can fulfill the …

Beyond Doctrinal Boundaries: A Legal Framework For Surrogate Motherhood, Lori B. Andrews

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No abstract provided.

Consorting With The Forests: Rethinking Our Relationships To Natural Resources And How We Should Value Their Loss, Katharine K. Baker

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No abstract provided.

Dirigisme And The Challenge Of Competition Law In France (With R. Azarnia), David J. Gerber

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No abstract provided.

Right, Justice, And Tort Law, Richard W. Wright

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No abstract provided.

The Standards Of Care In Negligence Law, Richard W. Wright

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No abstract provided.

Rejecting The Fruits Of Action: The Regeneration Of The Waste Land’S Legal System, Phillip J. Closius

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In his greatest work, The Waste Land, T. S. Eliot presents a picture of twentieth century Western civilization as a culture which has lost its essential values and has come undone from its historical moorings. Material wealth has become the focal point of society and its inhabitants. In such a value distorted context, human relationships are devoid of meaning. Honest communication and a meaningful life for the soul and intellect are lost in a dehumanizing daily grind. Religious, communal, and even familial values are subverted to a culturally encouraged drive for personal gain. In this respect, modern Western civilization in …

The Only Good Poor Woman: Unconstitutional Conditions And Welfare, Dorothy E. Roberts

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No abstract provided.

Changing Notions Of State Agency In International Law: The Case Of Paul Touvier, Claire Oakes Finkelstein

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No abstract provided.

The Law Of Humanity And The Law Of Nations, Mortimer N.S. Sellers

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The nineteenth-century doctrines known as "international law" developed out of the seventeenth-century "jus gentium" and eighteenth-century "law of nations." Now we see that twentieth-century scholars such as Richard Falk would like to speak of the "law of humanity". What is the value of such semantic shifts? Proponents of "international law" sought to promote a positivist doctrine, which would minimize the natural law elements of the old law of nations to privilege the views of governments and states. Advocates of the "law of humanity" presumably seek to diminish the role of states in international law by eliminating "nations" as the basis …

Congressional Control Over Agency Rulemaking: The Nutrition Labeling And Education Act's Hammer Provisions, Elizabeth Magill

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On November 8, 1990, President Bush signed into law the Nutrition Labeling and Education Act of 1990 (NLEA). The law embodied an aggressive agenda, dictating a comprehensive overhaul of food labels. The law clarified and enhanced the Food and Drug Administration's (FDA's) authority to require nutrition labels on foods, and established circumstances under which health claims could be made about the nutritional composition or value of foods. Culminating two years of activity on Capitol Hill, the consideration and passage of the bill coincided with a major initiative at the FDA to overhaul food labeling requirements.

The provision of the NLEA …

Is Equal Access The Prescription For Equity?, Victor Sidel, Dorothy E. Roberts, Jennifer Dohrn, Kathy Anastos, Nitza Milagros Escalera, Peter Holland, Sylvia Kleinman, Sylvia Law, Jack O'Sullivan, Robert Padgug, Dennis Rivera, Beth Weitzman

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No abstract provided.

Regulating Violence On Television, Harry T. Edwards, Mitchell N. Berman

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No abstract provided.

Choosing The Law Governing Perfection: The Data And Politics Of Article 9 Filing, Steven L. Harris, Charles W. Mooney Jr.

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No abstract provided.

Some Corporate And Securities Law Perspectives On Student-Athletes And The Ncaa, David A. Skeel Jr.

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No abstract provided.

An Economic Analysis Of Trade Measures To Protect The Global Environment, Howard F. Chang

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In this article, Professor Howard Chang addresses the role of trade restrictions in supporting policies to protect the global environment and proposes a more liberal treatment of these environmental trade measures than that adopted by dispute-settlement panels of the General Agreement on Tariffs and Trade (GATT). The GATT Secretariat has recommended that countries like the United States rely on "carrots" rather than "sticks" in order to induce the participation of other countries in multilateral environmental agreements. Professor Chang defends the use of sticks on the ground that they encourage more restrained exploitation of the environment pending a multilateral agreement. First, …

Commentary: Policy Implications, Geoffrey C. Hazard Jr.

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No abstract provided.

Religious Particularity, Religious Metaphor, And Religious Truth: Listening To Tom Shaffer, Howard Lesnick

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No abstract provided.

Justice, Liability, And Blame: Community Views And The Criminal Law, Paul H. Robinson, John M. Darley

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This book reports empirical studies on 18 different areas of substantive criminal law in which the study results showing ordinary people’s judgments of justice are compared to the governing legal doctrine to highlight points of agreement and disagreement. The book also identifies trends and patterns in agreement and disagreement and discusses the implications for the formulation of criminal law. The chapters include:

Chapter 1. Community Views and the Criminal Law (Introduction; An Overview; Why Community Views Should Matter; Research Methods)

Chapter 2. Doctrines of Criminalization: What Conduct Should Be Criminal? (Objective Requirements of Attempt (Study 1); Creating a Criminal Risk …

Regulating For Efficiency In Health Care Through The Antitrust Laws, Thomas L. Greaney

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The need to evaluate the competitive consequences of cooperation among rivals has long posed a dilemma for antitrust enforcement. Collaboration can reduce rivalry, raise prices and otherwise reduce consumer welfare; at the same time cooperation among rivals carries the promise of creating cost savings, correcting market failures and producing other benefits. In many cases antitrust doctrine requires a balancing of the positive and negative effects of coordination. In health care, federal antitrust enforcement agencies have increasingly turned to regulatory tools including policy statements, advisory opinions, speeches and regulatory decrees settling cases to strike this balance. However, the agencies have paid …

Beyond Black Demons & White Devils: Antiblack Conspiracy Theorizing & The Black Public Sphere, Regina Austin

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No abstract provided.

Negotiability, Electronic Commercial Practices, And A New Structure For The U.C.C. Article 9 Filing System, Steven L. Harris, Charles W. Mooney Jr.

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No abstract provided.

Disquiet On The Eastern Front: Liberal Agendas, Domestic Legal Orders, And The Role Of International Law After The Cold War And Amid Resurgent Cultural Identities, Jacques Delisle

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No abstract provided.

Foreword: Pennsylvania Legal Services At Risk, Louis S. Rulli

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No abstract provided.

The Genetic Tie, Dorothy E. Roberts

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No abstract provided.