Law Commons^™

Fall 1999

Bill of Particulars

No abstract provided.

Sexual Malpractice And Professional Liability: Some Things They Don’T Teach In Medical School — A Critical Examination Of The Formative Case Law, David M. Lang

Connecticut Insurance Law Journal

No abstract provided.

Conference Report: A Conference For Latin American Regulators On International Financial Services Regulation

Connecticut Insurance Law Journal

No abstract provided.

Evidentiary Sufficiency In Insurance Bad Faith Suits, William T. Barker

Connecticut Insurance Law Journal

No abstract provided.

Recent Case Developments, Jeffrey W. Stempel

Connecticut Insurance Law Journal

No abstract provided.

From The Journals: Insurance Law Abstracts, Jeffrey E. Thomas

Connecticut Insurance Law Journal

No abstract provided.

Mandatory Arbitration Of Statutory Claims In The Union Workplace After Wright V. Universal Maritime Service Corp., Daniel Roy

Indiana Law Journal

No abstract provided.

Multivocal Prejudices And Homo Equality, William N. Eskridge

Indiana Law Journal

Addison C. Harris Lecture, October 27, 1998, Indiana University Law School.

Defining The Duty: Attorneys' Obligations Under Rule 10b-5, Cynthia A. Bedrick

Indiana Law Journal

No abstract provided.

The Constitution, Aliens Control Act, And Xenophobia: The Struggle To Protect South Africa's Pariah-The Undocumented Immigrant, Thomas F. Hicks

Indiana Journal of Global Legal Studies

No abstract provided.

The Spectre Of Globalization, Tim Dunne

Indiana Journal of Global Legal Studies

No abstract provided.

The Tragic And Chaotic Aftermath Of A Baby Switch: Should Policy And Common Law, Blood Ties, Or Psychological Bonds Prevail, Cynthia R. Mabry

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Neonaticide And The Misuse Of The Insanity Defense, Megan C. Hogan

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Admitting Expert Testimony On Battered Woman Syndrome In Virginia Courts: How Peeples Changed Virginia Self-Defense Law, Marybeth H. Lenkevich

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Teaching The Retrenchment Generation: When Sapphire Meets Socrates At The Intersection Of Race, Gender, And Authority, Pamela J. Smith

William & Mary Journal of Race, Gender, and Social Justice

This Article is about perceptions and the negative sociological factors that feed these perceptions as Black women attempt to teach the Retrenchment Generation. For purposes of this Article, the Retrenchment Generation is not limited to any particular age group or period of time. Rather, the Retrenchment Generation refers to a state of mind that makes race-based, sex-based, and race/sex-based microaggressions acceptable and in fact normal. The Retrenchment Generation is defined by the synergism that is created by racial isolation, particularly in the educational arena, retrenchment fervor, and the presumption of incompetence that inflexibly presumes that all professional Black women are …

Unique Mental Health Needs Of Hiv-Infected Women Inmates: What Services Are Required Under The Constitution And The Americans With Disabilities Act?, Connie M. Mayer

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Great Expectations? A Contract Law Analysis For Preclusive Corporate Lock-Ups, Paul L. Regan

Cardozo Law Review

No abstract provided.

Obviousness And New Technologies, John Kasdan

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Bending Toward Justice: The Posthumous Pardon Of Lieutenant Henry Ossian Flipper, Darryl W. Jackson, Jeffery H. Smith, Edward H. Sisson, Helene T. Krasnoff

Indiana Law Journal

No abstract provided.

Br'er Rabbit Professionalism: A Homily On Moral Heroes And Lawyerly Mores, Rob Atkinson

Scholarly Publications

No abstract provided.

Succession By Estoppel: Hong Kong's Succession To The Iccpr, Peter K. Yu

Faculty Scholarship

This Article argues that Hong Kong succeeded to the ICCPR and the reporting obligations under the Covenant. Part I of the Article traces the development of the ICCPR in Hong Kong before 1997. This development is important because the Joint Declaration provides only for the continuation of the ICCPR as applied to Hong Kong before the transition. Parts II and III examine whether Hong Kong succeeded to the ICCPR. Since the Covenant is ambiguous as to whether the contracting parties are limited to sovereign states, Part II evaluates whether Hong Kong satisfies the membership requirement as stipulated in Article 48(1) …

Protecting Digital Works: Copyright Or Contract, Glynn Lunney

Faculty Scholarship

Since at least 1586, proponents of copyright have pointed to the tremendous ease with which competitors can copy works of authorship as the central justification for copyright protection. Because such works can be easily copied, a competitor could, in the absence of copyright, copy a work, and thereby avoid a large part of the original author's expense. This copying would allow competitors to undercut the original author's price for the work, and would deprive the original author of a fair wage for the labor and creativity she invested in the work. Faced with the threat of such competition, many would-be …

Lest We Fail: The Importance Of Enforcement In International Criminal Law, Mary Margaret Penrose

Faculty Scholarship

The title of this work embodies a concern that if the International Criminal Tribunals at Nuremberg, Tokyo and the recent additions at The Hague and Arusha are used as a gauge for deterring future violence, the international community must admit failure. This statement, however, is somewhat shortsighted in that it analyzes only one mechanism for achieving peace. The Nuremberg and Tokyo precedent provided the fertile ground for adopting two modern ad hoc International Tribunals and, potentially, an international criminal court capable of providing international redress for crimes. These advancements in a unified world community were not possible shortly after the …

Impunity- Inertia, Inaction, And Invalidity: A Literature Review, Mary Margaret Penrose

Faculty Scholarship

Impunity is the torturer's most relished tool. It is the dictator's greatest and most potent weapon. It is the victim's ultimate injury. And, it is the international community's most conspicuous failure. Impunity continues to be one of the most prevalent causes of human rights violations in the world. As we near the new millennium, we must find effective ways to combat this vexing predicament.

Impunity knows no territorial bounds and speaks no specific language. It is not unique to any religion or race, and is not limited to any particular geographical region. Impunity remains a world wide problem. The end …

Volunteering In Cross-National Perspective: Initial Comparisons, Helmut K. Anheier, Lester M. Salamon

Law and Contemporary Problems

Anheier and Salamon shed some light on volunteering in different parts of the world by exploring the conceptions and patterns of voluntary action cross-nationally. As a cultural and economic phenomenon, volunteering is part of the way societies are organized, how they allocate social responsibilities, and how much engagement and participation they expect from citizens.

The Effective Use Of Volunteers: Best Practices For The Public Sector, Jeffrey L. Brudney

Law and Contemporary Problems

Brudney posits a relationship between the best practices and the benefits realized from volunteer involvement. A volunteer program in the public sector is sponsored by a government agency and, thus, occurs in an organizational context; remuneration is not provided for volunteers' contributions, but reimbursement for their expenses is permitted; the time is given freely, yet volunteers may certainly benefit as well, and the work fulfills ongoing responsibilities of the host agency.

Comment: Enabling Public Service, James Clotfelter

Law and Contemporary Problems

No abstract provided.

Twenty-Five Years At Udsl: From Cellar To Vahalla, Dennis J. Turner

University of Dayton Law Review

25th Anniversary Special Reflection Section

The Future Of Disparate Impact Analysis For Age Discrimination In A Post-Have Paper World, Roberta Sue Alexander

University of Dayton Law Review

No abstract provided.

Muddy Rules For Cyberspace, Dan L. Burk

Cardozo Law Review

Digital communication media such as the Internet pose difficult challenges for traditional forms of intellectual property protection. Much recent scholarship and considerable governmental attention has been focused on adapting and expanding copyright to encompass digital works of authorship. These efforts have been justified on the grounds that clear property rights are necessary to allow efficient allocation of intellectual property between private parties.

However, these rationales ignore the literature regarding the efficiency of unclear or "muddy" property entitlements. Where transaction costs of private bargaining are high, muddy rules will tend to force parties into informal bargaining transactions. Transaction costs on the …