Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 36

Full-Text Articles in Law

Prosecution And Race: The Power And Privilege Of Discretion, Angela J. Davis Jan 1998

Prosecution And Race: The Power And Privilege Of Discretion, Angela J. Davis

Articles in Law Reviews & Other Academic Journals

This article examines prosecutorial discretion and argues it is a major cause of racial inequality in the criminal justice system. It asserts that prosecutorial discretion may instead be used to construct effective solutions to racial injustice. The article maintains that since prosecutors have more power than any other criminal justice officials, with practically no corresponding accountability to the public they serve, they have the responsibility to use their discretion to help eradicate the discriminatory treatment of African Americans in the criminal justice system.

Part I of the Article explains the importance and impact of the prosecution function. Part II discusses ...


Gender, Legal Education, And Judicial Philosophy In The Region, Claudio Grossman Jan 1998

Gender, Legal Education, And Judicial Philosophy In The Region, Claudio Grossman

Articles in Law Reviews & Other Academic Journals

No abstract provided.


A One Term Tort Reform Tale: Victimizing The Vulnerable, Andrew F. Popper Jan 1998

A One Term Tort Reform Tale: Victimizing The Vulnerable, Andrew F. Popper

Articles in Law Reviews & Other Academic Journals

During its spring 1997 term, Congress passed the Volunteer Protection Act and considered but did not pass the Biomaterials Access Assurance Act of 1997. The Volunteer Protection Act provides a wide range of tort immunities to volunteers working for charitable organizations. The Biomaterials Access Assurance Act would have provided tort immunity to biomaterials producers. In this Article, the author examines the origins and possible implications of both these tort reform proposals from a class-based perspective and within the broader context of the ongoing tort reform debate. The author concludes that both of these proposals ultimately would harm individuals in vulnerable ...


Feminist Theory And Feminist Method: Transforming The Experience Of The Classroom, Ann Shalleck Jan 1998

Feminist Theory And Feminist Method: Transforming The Experience Of The Classroom, Ann Shalleck

Articles in Law Reviews & Other Academic Journals

No abstract provided.


On Long-Haul Lawyering, Susan Bennett Jan 1998

On Long-Haul Lawyering, Susan Bennett

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The Legal Architecture Of Virtual Stores, Walter Effross Jan 1998

The Legal Architecture Of Virtual Stores, Walter Effross

Articles in Law Reviews & Other Academic Journals

INTRODUCTION: A major "selling point" of the World Wide Web is its ability to offer a "virtual storefront" to anyone, from an individual to a multinational corporation, with a product to market. Commercially available software packages enable even those computer users who are not versed in the intricacies of programming to create customized Web sites quickly, and at a relatively low cost. The swift development of this technology and a cultural shift towards encouraging on-line commerce have led to dramatic growth in the demographics and dollar amounts of the on-line marketplace, which in turn offers a challenging new context for ...


Notes On Pki And Digital Negotiability: Would The Cybercourier Carry Luggage, Walter Effross Jan 1998

Notes On Pki And Digital Negotiability: Would The Cybercourier Carry Luggage, Walter Effross

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Logos, Links, And Lending: Towards Standardized Privacy And Use Policies For Banking Web Sites, Walter Effross Jan 1998

Logos, Links, And Lending: Towards Standardized Privacy And Use Policies For Banking Web Sites, Walter Effross

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Comparative Law In Action: Promissory Estoppel, The Civil Law, And The Mixed Jurisdiction, David Snyder Jan 1998

Comparative Law In Action: Promissory Estoppel, The Civil Law, And The Mixed Jurisdiction, David Snyder

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Identifying The Firm-Specific Cost Pass-Through Rate, Jonathan Baker, Orley Ashenfelter, David Ashmore, Signe-Mary Mckernan Jan 1998

Identifying The Firm-Specific Cost Pass-Through Rate, Jonathan Baker, Orley Ashenfelter, David Ashmore, Signe-Mary Mckernan

Articles in Law Reviews & Other Academic Journals

A merger that permits the combined company to reduce the marginal cost of producing a product creates an incentive for it to lower price. Accordingly, the rate at which cost changes are passed through to prices (along with an estimate of the magnitude of cost reductions that would result from merger) matters to the evaluation of the likely competitive effects of an acquisition. In this paper, we describe our empirical methodology for estimating the cost pass-through rate facing an individual firm, and for distinguishing that rate from the rate at which a firm passes through cost changes common to all ...


Averting Malpractice By Information: Informed Consent In The Pediatric Treatment Environment, Andrew F. Popper Jan 1998

Averting Malpractice By Information: Informed Consent In The Pediatric Treatment Environment, Andrew F. Popper

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Creating International Space For Taiwan: The Law And Politics Of Recognition, Paul Williams Jan 1998

Creating International Space For Taiwan: The Law And Politics Of Recognition, Paul Williams

Articles in Law Reviews & Other Academic Journals

Is Taiwan an entity with an international legal personality entitling it to a certain degree of international space? Or is it an integral political unit of China? The task of this presentation is to analyze the potential legal and political reaction to an attempt by Taiwan to move its current status over the cusp and into the realm of independence, or an alternative attempt by China to back down Taiwan into a one China with the one system policy.


Exploring The Concept Of Post-Tenure Review In Law Schools, Ira Robbins Jan 1998

Exploring The Concept Of Post-Tenure Review In Law Schools, Ira Robbins

Articles in Law Reviews & Other Academic Journals

Introduction: Faculty in American law schools and universities often view the award of tenure as an inviolate guarantee of job security.' From this perspective, any attempt to monitor the level and quality of a tenured professor's work infringes on academic freedom. Recently, however, academics have argued that shielding the performance of tenured faculty from serious review potentially may be a disservice to the academic institution. Critics complain that schools sacrifice professional accountability when deficient performance goes undetected and uncorrected.


The Aba Section Of Administrative Law And Regulatory Practice - From Objector To Protector Of The Apa, Jeffrey Lubbers Jan 1998

The Aba Section Of Administrative Law And Regulatory Practice - From Objector To Protector Of The Apa, Jeffrey Lubbers

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Ombudsman Offices In The Federal Government - An Emerging Trend, Jeffrey Lubbers Jan 1998

Ombudsman Offices In The Federal Government - An Emerging Trend, Jeffrey Lubbers

Articles in Law Reviews & Other Academic Journals

No abstract provided.


If It Didn't Exist, It Would Have To Be Invented - Reviving The Administrative Conference, Jeffrey Lubbers Jan 1998

If It Didn't Exist, It Would Have To Be Invented - Reviving The Administrative Conference, Jeffrey Lubbers

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Numero Special Presente A L'Occasion Du Cinquantieme Anniversaire De La - Declaration Americaine Des Droits Et De Devoirs De L'Homme, Juan E. Mendez, Javier Mariezcurrena, Denis Racicot Jan 1998

Numero Special Presente A L'Occasion Du Cinquantieme Anniversaire De La - Declaration Americaine Des Droits Et De Devoirs De L'Homme, Juan E. Mendez, Javier Mariezcurrena, Denis Racicot

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Separation Anxiety: International Responses To Ethno-Separatist Claims, Diane Orentlicher Jan 1998

Separation Anxiety: International Responses To Ethno-Separatist Claims, Diane Orentlicher

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Separatism And The Democratic Entitlement, Diane Orentlicher Jan 1998

Separatism And The Democratic Entitlement, Diane Orentlicher

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Tort Reform Policy More Than State Law Dominates Section 2 Of The Third Restatement, Andrew Popper Jan 1998

Tort Reform Policy More Than State Law Dominates Section 2 Of The Third Restatement, Andrew Popper

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Administrative Law In The 21st Century, Andrew Popper Jan 1998

Administrative Law In The 21st Century, Andrew Popper

Articles in Law Reviews & Other Academic Journals

No abstract provided.


On Long-Haul Lawyering, Susan Bennett Jan 1998

On Long-Haul Lawyering, Susan Bennett

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The Founding Of The Washington College Of Law: The First Law School Established By Women For Women, Mary Clark Jan 1998

The Founding Of The Washington College Of Law: The First Law School Established By Women For Women, Mary Clark

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Attorney-Client Privilege: The Eroding Concept Of Confidentiality Should Be Abolished, Paul Rice Jan 1998

Attorney-Client Privilege: The Eroding Concept Of Confidentiality Should Be Abolished, Paul Rice

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Same-Sex Marriage And Simulacra: Exploring Conceptions Of Equality, Heather Hughes Jan 1998

Same-Sex Marriage And Simulacra: Exploring Conceptions Of Equality, Heather Hughes

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Redirecting The Debate Over Trafficking In Women: Definitions, Paradigms, And Contexts, Janie Chuang Jan 1998

Redirecting The Debate Over Trafficking In Women: Definitions, Paradigms, And Contexts, Janie Chuang

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Bright Lines Or Blurry Labels, Walter Effross Jan 1998

Bright Lines Or Blurry Labels, Walter Effross

Articles in Law Reviews & Other Academic Journals

Introduction:The emerging mathematical discipline of "fuzzy logic" has recently sparked dramatic efficiencies in modern industrial processes while inviting comparisons to the age-old philosophies of Taoism and Zen. As concepts of "fuzziness" have filtered from technical journals to popular science magazines to trade paperbacks, they have begun to appear in legal commentaries as well.


Withdrawal Of The Reference: Rights, Rules, And Remedies For Unwelcomed Web-Linking, Walter Effross Jan 1998

Withdrawal Of The Reference: Rights, Rules, And Remedies For Unwelcomed Web-Linking, Walter Effross

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Hard Numbers Vs. House Rules: Uniformity In The Bankruptcy Code And Its Application, Walter Effross Jan 1998

Hard Numbers Vs. House Rules: Uniformity In The Bankruptcy Code And Its Application, Walter Effross

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Codification Des Regles Internationales Relatives Aux Personnes Deplacees A L'Interieur De Leur Pays: Un Domaine Ou Les Considerations Touchant Aux Droits De L'Homme Et Au Droit Humanitaire Sont Prises En Compte, Robert K. Goldman Jan 1998

Codification Des Regles Internationales Relatives Aux Personnes Deplacees A L'Interieur De Leur Pays: Un Domaine Ou Les Considerations Touchant Aux Droits De L'Homme Et Au Droit Humanitaire Sont Prises En Compte, Robert K. Goldman

Articles in Law Reviews & Other Academic Journals

No abstract provided.