Law Commons^™

Is Roe V. Wade Obsolete?, Robert A. Destro

Scholarly Articles

No abstract provided.

‘Mixed’ Constitutions: Product Of An East-Central European Constitutional Melting Pot, Rett R. Ludwikowski

Scholarly Articles

Part I of this Article discusses the difficulties involved in attempting to classify the new constitutions using traditional criteria. Part II examines the processes involved in the adoption of the various components of existing constitutional models into the constitutions of the East-Central European states, including separate analysis of the distributions of power, the structures of the legislatures, the electoral systems, the systems of governance and mechanisms of judicial enforcement provided by these instruments. Finally, Part III makes observations and draws conclusions regarding the processes examined in Part II.

Disclosure And Corporate Morality: Beginning A Dialogue, David A. Lipton

Scholarly Articles

No abstract provided.

Why States Are Bound By Customary International Law, Mortimer N.S. Sellers

All Faculty Scholarship

No abstract provided.

The Right To Republican Government Under International Law, Mortimer N.S. Sellers

All Faculty Scholarship

No abstract provided.

Sovereign Indignity? Values, Borders And The Internet: A Case Study, Eric Easton

All Faculty Scholarship

This article focuses on the publication ban issued by a Canadian court in a notorious murder trial, and the popular reaction to the publication ban, as a case study of the new global communications environment. Part I reconstructs the factual circumstances that provoked the ban, as well as the responses of the media, the legal establishment, and the public. Part II examines the ban itself, the constitutional challenge mounted by the media, and the landmark Dagenais decision. Part III reflects on the meaning of the entire episode for law, journalism, and national sovereignty.

The Dagenais decision demonstrates the continued independence …

Legal Images Of Motherhood: Conflicting Definitions From Welfare "Reform," Family And Criminal Law, Jane C. Murphy

All Faculty Scholarship

Part I of this Article explores the traditional idealized view of motherhood that child placement statutes and court decisions reflect. These laws include statutes and case law in custody disputes between parents and in child protection proceedings under civil and criminal laws where the dispute is between the parent and the state. Part II contrasts the legal construct of motherhood that child placement laws embody with the legal image of mothers in child support and welfare law.

Part III examines the impact of these conflicting images of motherhood on a particular group of mothers -- battered women. Battered women illuminate …

Catch Me If You Can! Resolving The Ethical Tragedies In The Brave New World Of Jury Selection, José F. Anderson

All Faculty Scholarship

Since the Supreme Court's opinion in Batson v. Kentucky, the rules and tools available to lawyers for selecting juries have changed dramatically from what they had been for decades in American courtrooms. The Court's well intentioned effort in Batson to attempt to eliminate racial discrimination from the process of jury selection set in motion a series of modifications in lawyer decision making which have changed how lawyers fill the jury box. Prior to Batson, the sacrosanct tool known as the peremptory challenge had been virtually unassailable as a jury selection weapon. Abuses by prosecutors, particularly in the southern United States, …

The Specially Investigated President, Charles Tiefer

All Faculty Scholarship

This article argues that the new legal status - the "specially investigated President" - conferred upon recent presidents reflects an unprecedented change in the criminal investigation process of the President. Although recent presidents have experienced formal criminal investigations, each have used creative and legitimate ways to escape indictment, trial, or impeachment. By investigating President Bush and President Clinton's ability to successfully avoid prosecution, this article presents an analytical framework to explain the issues surrounding the "specially investigated President," and offers suggestions on how to reform the process.

In his analysis, the author illustrates the tension between opposing viewpoints regarding the …

Recent Trends In Merger Enforcement In The United States: The Increasing Impact Of Economic Analysis, Robert H. Lande, James Langenfeld

All Faculty Scholarship

From its modern origins more than thirty years ago federal merger policy has centered around the use of standard surrogates for market power to make presumptions about the likely effects of mergers. Since that time it has been evolving towards an increasingly complex approach as economic considerations have expanded their influence on merger policy. This trend was solidified in the 1982 revision of the Department of Justice's Merger Guidelines, accelerated by the Department of Justice and Federal Trade Commission 1992 Horizontal Merger Guidelines' increased emphasis on unilateral (as opposed to collusive) anticompetitive effects, and has reached new heights in the …

International Legal Careers: Paths And Directions, James Maxeiner

All Faculty Scholarship

Discusses lack of clear career paths in international legal practice.

U.S. “Methods Awareness” (Methodenbewußtsein) For German Jurists, James Maxeiner

All Faculty Scholarship

The purpose of this contribution is to help develop Methods Awareness in German jurists unfamiliar with American law. It shows how distant from German understanding present-day American practice is. It proceeds from Fikentscher's thumbnail sketch of German Prevailing Teaching: "this method starts from norm-thinking, therefore thinks in rules, that are applied to the case at hand." It refers to the core elements of this teaching, namely the place of the legal norm (Rechtssatz) in the legal order (Rechtsordnung) and its application to a particular set of facts (i.e., subsumption), and discusses the significance of these concepts in American law. It …

Proposed Model Rules Governing The Admissibility Of Computer-Generated Evidence, Lynn Mclain, James E. Carbine

All Faculty Scholarship

Pursuant to a grant from the State Justice Institute, the Court of Appeals of Maryland Standing Committee on Rules of Practice and Procedure drafted, and the Court of Appeals adopted, model rules regarding computer-generated animations and simulations. The rules address discovery, pretrial rulings, and preservation of the record for appeal.

Aviation Safety And Security - Legal Developments, Steven A. Mirmina

Journal of Air Law and Commerce

No abstract provided.

Privatization V. Corporatization Of The Federal Aviation Administration: Revamping Air Traffic Control, Janie Lynn Treanor

Journal of Air Law and Commerce

No abstract provided.

Financing Airport Capital Development: The Aviation Industry's Greatest Challenge, Christopher R. Rowley

Journal of Air Law and Commerce

No abstract provided.

Carry-On Baggage - Are The Regulations Doing Their Job, Terry L. Turner

Journal of Air Law and Commerce

No abstract provided.

A Critical Evaluation Of The General Aviation Revitalization Act Of 1994, Jennifer L. Anton

Journal of Air Law and Commerce

No abstract provided.

The Paper Satellite Chase: The Itu Prepares For Its Final Exam In Resolution 18, Henry Wong

Journal of Air Law and Commerce

No abstract provided.

Tribute To Hibernia Turbeville, Ann Van Wynen Thomas

Journal of Air Law and Commerce

No abstract provided.

Learning To Fly: The European Commission Enters Unfamiliar Skies In Its Review Of The British Airways-American Airlines Alliance, G. Porter Elliott

Journal of Air Law and Commerce

No abstract provided.

Risk Analysis And The Regulation Of Reusable Launch Vehicles, Roscoe M. Moore Iii

Journal of Air Law and Commerce

No abstract provided.

Lawyers' Identities, Client Selection And The Antidiscrimination Principle: Thoughts On The Sanctioning Of Judith Nathanson, Bruce K. Miller

Faculty Scholarship

The Author discusses how the Massachusetts Commission Against Discrimination might justifiably apply the Public Accommodations Statute to the client selection practices of some, perhaps many, lawyers. But it should leave Judith Nathanson alone. Nathanson's decision to represent only women in divorce cases is protected by the First Amendment, not because she is entitled as a lawyer to indulge whatever biases she chooses in her selection of clients, but because, as a lawyer of integrity who has melded her personal values and professional skills in service to the profession's best ideals, she is entitled to represent her chosen clients as she …

Volume 48 Issue 3 (1998), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

A Legal History Of Irrational Exuberance, Daniel W. Levy

Case Western Reserve Law Review

No abstract provided.

Masthead, Volume 49 Issue 1 (1998)

Case Western Reserve Law Review

No abstract provided.

Masthead, Volume 48 Issue 2 (1998)

Case Western Reserve Law Review

No abstract provided.

The Problem That Has No Name, Omi Morgenstern Leissner

Cardozo Journal of Equal Rights & Social Justice

The article examines how naming practices, deeply rooted in patriarchal societies, influence women's identity, autonomy, and societal status. It argues that traditional naming conventions, such as women adopting their husbands' surnames, reflect broader power dynamics that marginalize women and erase their individuality. The analysis highlights the legal, cultural, and psychological implications of these practices and advocates for self-naming as a form of resistance and empowerment.

Dear Justice White, Carl W. Tobias

Law Faculty Publications

Addressing Supreme Court of the United States Justice Justice Byron T. White, Chair of the Commission on Structural Alternatives for the Federal Courts of Appeals, Prof. Tobias offers advice on examining the problems confronting the courts and devising recommendations that address these problems within the Commission's statutory mandate.

Did The Civil Justice Reform Act Of 1990 Actually Expire?, Carl W. Tobias

Law Faculty Publications

The Civil Justice Reform Act of 1990 (CJRA) was intended to reduce the expense and delay associated with federal district court litigation by requiring courts to study and adopt new procedures. The CJR.lrs gains, however, may be erased by the uncertainty surrounding its sunset provision. Professor Tobias argues that Congress or the Judicial Conference should resolve the uncertainty by proclaiming that the CJRA has expired, thus forcing districts to abrogate procedures inconsistent with the Federal Rules of Civil Procedure.