Law Commons^™

New Federal Rules In Sex Offense Cases, Lynn Mclain

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This article from the November/December 1995 issue of the Maryland Bar Journal details the changes made to the Federal Rules of Evidence following the enactment of the 1994 Comprehensive Crime Bill. Questions raised by the new rules and the response of the Judicial Conference are also discussed.

Empowerment Zones: Urban Revitalization Through Collaborative Enterprise, Audrey Mcfarlane

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The federal government recently designated six empowerment zones in selected urban areas as an urban revitalization demonstration program. The program is derived from the enterprise zone strategy promoted by former HUD Secretary Jack Kemp that sought to address urban poverty by encouraging business growth through deregulation and tax incentives. The Clinton administration modified the original concept and now refers to the target areas as empowerment zones. As the definitions of "enterprise" and "empower" indicate, renaming the zones reflects a significant shift in emphasis-from a focus on stimulating business enterprise through reducing regulation to one in which regulation is used to …

Freedom Of Information And The Eu Data Protection Directive, James Maxeiner

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The EU Data Protection Directive attempts to balance protection of privacy and freedom of information acquisition. It does this by authorizing Member States to provide exemptions and derogations in their individual legislation.

Closing The Barn Door After The Genie Is Out Of The Bag: Recognizing A "Futility Principle" In First Amendment Jurisprudence, Eric Easton

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This article argues for a simple proposition: the First Amendment imposes a presumption against the suppression of speech when suppression would be futile. Suppression is futile when the speech is available to the same audience through some other medium or at some other place. The government can overcome this presumption of futility only when it asserts an important interest that is unrelated to the content of the speech in question, and only when the suppression directly advances that interest.

In Part I, the article explores the role that this unarticulated "futility principle" has played in Supreme Court and other decisions …

No Magic Formula: A New Approach For Calculating The Ten Year Time Period For Admission Of Prior Conviction Evidence, Amy E. Sloan

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Federal Rule of Evidence (FRE) 609 governs admission of prior conviction evidence. Under this rule, it is easier to admit evidence of a prior conviction that is less than ten years old than to admit evidence of older convictions. The ten year period is measured from the later of either the date of conviction or the date of release from confinement.

Calculating the ten year period is fairly straightforward in most cases but becomes confusing when the witness has been confined for violating the terms of probation, parole, or some other period of conditional release. Does the confinement for violation …

Competition Law And International Trade: The European Union And The Neo-Liberal Factor, David J. Gerber

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No abstract provided.

Takings Of Wildlife Under The Endangered Species Act After Babbitt V. Sweet Home Chapter Of Communities For A Great Oregon, Lawrence R. Liebesman, Steven A.G. Davison

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No abstract provided.

The Creation Of A Usable Judicial Past: Max Lerner, Class Conflict, And The Propagation Of Judicial Titans, Sarah Barringer Gordon

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No abstract provided.

Business Information And "Personal Data": Some Common-Law Observations About The Eu Draft Data Protection Directive, James Maxeiner

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Discusses the public interest in the free flow of information.

Back To The Parent: Holding Company Liability For Subsidiary Banks — A Discussion Of The Net Worth Maintenance Agreement, The Source Of Strength Doctrine, And The Prompt Corrective Action Provision, Cassandra Jones Havard

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Given the statutory goal of parental accountability, this Article focuses on a narrow issue: Whether parental guarantees are the most effective regulatory tool for shielding the federal deposit insurance fund from losses when insured banking subsidiaries that are members of a multibank holding company system are insolvent. This Article posits that a needed complement to parental guarantees is temporary substantive consolidation of a holding company's affiliated banks. This would require the parent company to combine the assets of its banking siblings to facilitate the reorganization of a financially troubled subsidiary. Temporary enterprise consolidation is a necessary regulatory tool because it …

Alteration Of Wildlife Habitat As A Prohibited Taking Under The Endangered Species Act, Steven A.G. Davison

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No abstract provided.

Three Opinions, Stephen B. Burbank

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No abstract provided.

Litigation In The U.S. And In The Civil Law System: What Can We Learn From Each Other?, James Maxeiner

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Discusses the lack of American interest in learning about foreign civil procedure. Considers points where America might benefit from foreign experiences. Suggests significant differences in procedure can be attributed to emphasis on day-in-court thinking over reasoned decision thinking.

Access To The National Information Infrastructure, Henry H. Perritt Jr.

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No abstract provided.

Should Local Governments Sell Local Spatial Databases Through State Monopolies?, Henry H. Perritt Jr.

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No abstract provided.

Sources Of Rights To Access Public Information, Henry H. Perritt Jr.

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No abstract provided.

Double Jeopardy And The Fraudulently-Obtained Acquittal, David S. Rudstein

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No abstract provided.

Love Speech: The Social Utility Of Pornography, Jeffrey G. Sherman

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No abstract provided.

A Regime Of Social Death: Criminal Punishment In The Age Of Prisons, Stephen D. Sowle

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No abstract provided.

The Effects Of Case Consolidation On The Procedural Rights Of Litigants: What They Are, What They Might Be, Part I: Justiciability And Jurisdiction (Original And Appellate), Joan E. Steinman

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No abstract provided.

The Effects Of Case Consolidation On The Procedural Rights Of Litigants: What They Are, What They Might Be, Part Ii: Non-Jurisdictional Matters, Joan E. Steinman

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No abstract provided.

Biodiversity Federalism, A. Dan Tarlock

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No abstract provided.

Impossible Comparisons And Rational Choice Theory, Richard Warner

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No abstract provided.

Excluding Reasons: Impossible Comparisons And The Law, Richard Warner

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No abstract provided.

Stories Out Of School: Teaching The Case Of Brown V. Voss, Elizabeth Samuels

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As a law teacher, I have observed these benefits of the case method, particularly with conducive appellate opinions and a skillfully assembled text. But I have also experienced, as I suspect most law teachers have, instances in which a case that lacks a sufficiently revealing narrative seems to mystify more than elucidate. One example is the case of Brown v. Voss, which appears in a number of property law casebooks, including the widely used Property by Jesse Dukeminier and James E. Krier. In Brown v. Voss the State of Washington Supreme Court departs, in a somewhat disingenuous way, from an …

It Takes Two: Remodeling The Management And Control Provisions Of Community Property Law, Elizabeth De Armond

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No abstract provided.

Choosing The Law Governing Perfection: The Data And Politics Of Article 9 Filing, (With C. Mooney, Jr.). , Steven L. Harris

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No abstract provided.

Negotiability, Electronic Commercial Practices, And A New Structure For The Ucc Article 9 Filing System: Tapping The Private Market For Information Technology, (With C. Mooney, Jr.). , Steven L. Harris

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No abstract provided.

Of Diaries And Data Banks: Use Restrictions Under The Fourth Amendment, Harold J. Krent

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No abstract provided.

The Failed Promise Of Regulatory Variables, Harold J. Krent

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No abstract provided.