Law Commons^™

International Jurisdiction In Cyberspace: Which States May Regulate The Internet?, Stephan Wilske, Teresa Schiller

Federal Communications Law Journal

The Internet now reaches 60 million users in 160 countries, with the number increasing each year. Although cyberspace has been viewed as a self-regulating entity controlled by no government, this myth is being destroyed as the global Internet community expands. With this expansion comes a question: Who has the authority to regulate cyberspace? Given that decisions about the Internet reach far beyond national borders, the answer to this question is unknown, but certainly has broad implications. Traditional laws of international jurisdiction, including jurisdiction to prescribe, jurisdiction to adjudicate, and jurisdiction to enforce, offer some clear answers. However, further development of …

Vol. 08, No. 04 (December 1997)

Res Ipsa Loquitur

No abstract provided.

Ndls Update 12/1997, Notre Dame Law School

NDLS Update

No abstract provided.

Training In Law And Psychology: Models From The Villanova Conference, Donald N. Bersoff, Jane Goodman-Delahunty, J. Thomas Grisso, Valerie P. Hans, Norman G. Poythress Jr., Ronald G. Roesch

Cornell Law Faculty Publications

Although the domain of law and psychology is a burgeoning and popular field of study, there has never been a concerted effort to evaluate current training models or to develop newer, more effective ones. Forty-eight invited participants attended a national conference held at Villanova Law School to remedy this deficiency. Working groups addressed issues of education and training for the undergraduate level; for doctoral level programs in law and social science; for forensic clinical training; for joint-degree (JD/PhD-PsyD) programs; for those in practica, internships, and postdoctoral programs; and for continuing education. This article delineates levels and models of training in …

Protecting Alaska’S Children From Neglect: The Appropriate Response To In Re S.A. And R.J.M. V. State, Charles Talley Wells Jr.

Alaska Law Review

No abstract provided.

Warrantless Searches For Alcohol By Native Alaskan Villages: A Permissible Exercise Of Sovereign Rights Or An Assault On Civil Liberties?, Pat Hanley

Alaska Law Review

No abstract provided.

A Revisionist History Of Indian Country, Joseph D. Matal

Alaska Law Review

No abstract provided.

Romer V. Evans And Invidious Intent, Andrew Koppelman

William & Mary Bill of Rights Journal

In this Essay, Professor Koppelman argues that, notwithstanding numerous scholarly claims to the contrary, the Supreme Court's decision in Romer v. Evans was based on the invalidated law's impermissible purpose. Professor Koppelman examines the Court's understanding of the Fourteenth Amendment, and concludes that its current doctrine is designed to ferret out unconstitutional intent. Such impermissible intent, Koppelman argues, was evident in the law challenged in Romer. Nonetheless, Koppelman acknowledges, Romer is a hard case, and its precedential significance is unclear, particularly in light of Bowers v. Hardwick, which upheld the constitutionality of laws against homosexual sodomy. Laws that facially disadvantage …

Smothering Freedom Of Association: The Alaska Supreme Court Errs In Upholding The State’S Blanket Primary Statute, Brian M. Castro

Alaska Law Review

No abstract provided.

Constructing A Roof Before The Foundation Is Prepared: The Restatement (Third) Of Torts: Products Liability, Section 2(B) Design Defect, Frank J. Vandall

University of Michigan Journal of Law Reform

The Restatement (Third) of Torts: Products Liability section 2(b) is a wish list from manufacturing America. It returns products liability law to something more restrictive than negligence. What is new from the Reporters is that their proposal is written on a clean sheet of paper. Messy and awkward concepts such as precedent, policy, and case accuracy have been brushed aside for the purpose of tort reform. There has been almost no attempt to evaluate strict liability precedent or the policies underlying previous cases and the Restatement (Second) section 402A. Section 2b (the roof) has been drafted with little consideration of …

Risk-Utility Analysis In The Failure To Warn Context, Paul D. Rheingold, Susan B. Feinglass

University of Michigan Journal of Law Reform

Elsewhere in this Symposium issue, Professor Mark Geistfeld presents an argument favoring the application of risk-utility analysis to the duty to warn doctrine encompassed by the Restatement (Third) of Torts. In addition, the comments and the reporters' notes to the Restatement (Third) suggest altering the traditional duty to warn if the warning would cause "information overload," if the danger is "open and obvious," or if the danger applies to only a small percentage of potential customers.

In response to Geistfeld and the Restatement (Third) comments and notes, Rheingold and Feinglass assert that applying a risk-utility analysis or altering the …

Assessing Punitive Damages..., Cass R. Sunstein, Daniel Kahneman, David Schkade

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.

Implications Of Second-Best Theory For Administrative And Regulatory Law: A Case Study Of Public Utility Regulation, Andrew P. Morriss

Chicago-Kent Law Review

No abstract provided.

The Allocative Efficiency Of Shifting From A Negligence System To A Strict-Liability Regime In Our Highly-Pareto-Imperfect Economy: A Partial And Preliminary Third-Best-Allocative-Efficiency Analysis, Richard S. Markovits

Chicago-Kent Law Review

No abstract provided.

Second-Best Theory And The Obligations Of Academics: A Reply To Professor Donohue, Richard S. Markovits

Chicago-Kent Law Review

No abstract provided.

A Pregnant Pause: Are Women Who Undergo Fertility Treatment To Achieve Pregnancy Within The Scope Of Title Vii's Pregnancy Discrimination Act, Cintra D. Bentley

Chicago-Kent Law Review

No abstract provided.

Of Flutes, Oboes And The As If World Of Evidence Law, Richard O. Lempert

Articles

Reading Allen's article, I am reminded of a cold war parable I heard during the 1960s. It concerned a flute and an oboe who joined an orchestra one year and immediately set to quarrelling. The flute was distressed because whenever it was playing at its lyrical best the oboe would enter. drowning it out. The oboe was affronted because its deepest, most sonorous passages were invariably ruined by the high-pitched flute butting in. When the orchestra split up for the summer and these quarrelsome instruments went their separate ways, the flute, as it angrily contemplated the oboe, found itself stretching …

Playing Defense, Robert F. Nagel

William & Mary Bill of Rights Journal

Noting that the Romer opinion condemns the motives behind Amendment 2 without pausing even briefly to examine the social context in which it was enacted, Professor Nagel describes the decision as a model of the intolerant impulse in action. He traces this impulse to the Justices' unwillingness to examine their own role--and that of the rest of the constitutional law establishment- in creating the underlying conditions that produced Amendment 2.

In order to identify those conditions, Professor Nagel analyzes the primary document used by Colorado for Family Values during its campaign on behalf of the initiative. He argues that this …

Robert Mcnamara And The Art And Law Of Confession: “A Simple Desultory Philippic (Or How I Was Robert Mcnamara’D Into Submission)”, Robert N. Strassfeld

Duke Law Journal

No abstract provided.

Universal Service In The Schools: One Step Too Far?, Christine M. Mason

Federal Communications Law Journal

Universal service is extended to include new recipients, such as schools, as a result of the Telecommunications Act of 1996. The FCC should proceed cautiously, and maintain its commitment to the traditional goal of universal service— Americans with basic telephone services— carrying out this new mandate.

Section 254 Of The Telecommunications Act Of 1996: A Hidden Tax?, Nichole L. Millard

Federal Communications Law Journal

Congress has the sole power to levy and collect taxes. The Supreme Court has ruled that Congress may delegate this authority to administrative agencies so long as the will of Congress is clearly defined in the legislation. However, section 254 of the Telecommunications Act of 1996 operates as an unconstitutional delegation of Congress' authority to tax. This legislation provides the FCC with unfettered discretion in defining the boundaries of universal service and the authority to mandate that all consumers of telecommunications services subsidize the cost for low-income and rural consumers, as well as schools, libraries, and health care providers.

Mickey Mantle: An American Legend, John J. Dabney

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Judicial Activism Works The Constitution Out Of Shape - Acton And Its Atrophic Effect On The Fourth Amendment Rights Of Student Athletes., Christian Edward Samay

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Pete Rozelle: The Passing Of A Legend, Kevin Purvin

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Baseball's Antitrust Exemption Repealed: An Analysis Of The Effect On Salary Cap And Salary Taxation Provisions, Thomas C. Picher

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Regulating The Sport Of Boxing - Congress Throws The First Punch With The Professional Boxing Safety Act, Kelley C. Howard

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

The Ncaa Celebration Rule: A First Amendment Analysis, Jeffrey C. True

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Torts - Tortious Interference With Contract-Plaintiffs Must Prove "Improper Conduct" By The Defendant To Prevail In An Action For Tortious Interference With Contract; Merely Proving Truthful Information Which Is Aimed At Foiling A Contract Is Inadequate: Glass V. Kennedy, No. A-4121-93t2 (N.J. App. Div. 1996)., Robert S. Roche

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Dallas' Head Cowboy Emerges Victorious In A Licensing Showdown With The N.F.L.: National Football League Properties V. Dallas Cowboys Football Club, Et. Al., William J. Hoffman

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

The Nfl And Domestic Violence: The Commissioner's Power To Punish Domestic Abusers, Anna L. Jefferson

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.