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Full-Text Articles in Law

Kumho Tire Co. V. Carmichael: The Supreme Court Follows Up On The Daubert Test, Martin A. Schwartz Jan 2000

Kumho Tire Co. V. Carmichael: The Supreme Court Follows Up On The Daubert Test, Martin A. Schwartz

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No abstract provided.


The Role Of Dispute Settlement In World Trade Law: Some Lessons From The Kodak-Fuji Dispute, John Linarelli Jan 2000

The Role Of Dispute Settlement In World Trade Law: Some Lessons From The Kodak-Fuji Dispute, John Linarelli

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No abstract provided.


The Power Of The Treasury: Racial Discrimination, Public Policy And "Charity" In Contemporary Society, David A. Brennen Jan 2000

The Power Of The Treasury: Racial Discrimination, Public Policy And "Charity" In Contemporary Society, David A. Brennen

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The Treasury Department is empowered to enforce “established public policy” with respect to tax-exempt charities. Under this public policy power, the Treasury has revoked the tax-exempt charitable status of organizations that discriminated against blacks, organizations whose members engaged in civil disobedience against war, and organizations involved in illegal activity. The Treasury interprets its public policy power as applying to any activity that violates clear public policy. Thus, presumably, the Treasury could use this power to deny tax-exempt charitable status to an organization that engages in conduct that violates assisted suicide laws, anti-abortion laws, or other sufficiently “established” public policies.

The …


Muddy Waters, Blue Skies: Civil Liability Under The Mississippi Securities Act, Keith A. Rowley Jan 2000

Muddy Waters, Blue Skies: Civil Liability Under The Mississippi Securities Act, Keith A. Rowley

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The decade of the 1990s produced a series of actions by the United States Supreme Court and by Congress that, collectively, reduced the number of avenues by which plaintiffs relying on federal law may pursue alleged wrongdoers for securities fraud; imposed significant additional requirements on plaintiffs suing under federal securities law; preempted state registration requirements for several classes of securities; and curbed the availability of state courts as an alternative forum in which plaintiffs may pursue securities fraud claims. And yet, in spite of these changes, “Congress, the courts, and the SEC have made explicit that federal regulation was not …


Psychotherapeutic Practice As A Model For Postmodern Legal Theory, Francis J. Mootz Iii Jan 2000

Psychotherapeutic Practice As A Model For Postmodern Legal Theory, Francis J. Mootz Iii

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Critical legal theory is in need of reconstruction and rehabilitation. By most accounts, the goal of critical legal theory is to reveal the deep structure of the legal system that remains unrecognized in, and even obscured by, the self-understanding of legal actors. Scholars traditionally moved beyond the superficial level of legal doctrine either by adopting a rationalistic orientation and analyzing legal concepts or by adopting an empiricist orientation and analyzing the economic and sociological features of legal institutions. However, during the past thirty years there has been a tremendous diversification in these critical approaches. For example, the critical legal studies …


The Quest To Reprogram Cultural Software: A Hermeneutical Response To Jack Balkin's Theory Of Ideology And Critique, Francis J. Mootz Iii Jan 2000

The Quest To Reprogram Cultural Software: A Hermeneutical Response To Jack Balkin's Theory Of Ideology And Critique, Francis J. Mootz Iii

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Critical theory has lost the self-assurance that defined the heady days of Marxist economics and Freudian psychoanalysis. In his famous debate with Hans-Georg Gadamer thirty years ago, Jürgen Habermas argued that critical theory was a necessary corrective to the quiescence and conventionalism that followed from Gadamer's hermeneutic perspective. As the 1960s unfolded, the second generation of the Frankfurt School appeared poised to bring sophisticated techniques of social criticism to bear on the emerging postindustrialist system of global capitalism. But the promise of critical theory failed to materialize. Today, Habermas plays the role of the aging lion who refuses to accept …


Dressed For Excess: How Hollywood Affects The Professional Behavior Of Lawyers, Nancy B. Rapoport Jan 2000

Dressed For Excess: How Hollywood Affects The Professional Behavior Of Lawyers, Nancy B. Rapoport

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This article discusses two related points: first, that the way in which movies portray lawyers shapes how clients view effective/ineffective lawyer behavior, and second, that the portrayal also helps lawyers to forget appropriate professional behavior.


Going From "Us" To "Them" In Sixty Seconds, Nancy B. Rapoport Jan 2000

Going From "Us" To "Them" In Sixty Seconds, Nancy B. Rapoport

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Observations by a professor who has decided to become an Associate Dean.


Recent Case Developments, Jeffrey W. Stempel Jan 2000

Recent Case Developments, Jeffrey W. Stempel

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Recent case developments in Insurance Law in the years 1999 and 2000.


Fighting Arbitration Clauses In Franchisor Contracts, Jean R. Sternlight Jan 2000

Fighting Arbitration Clauses In Franchisor Contracts, Jean R. Sternlight

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Purporting to serve justice, efficiency, and freedom of contract, business interests are increasingly attempting to use binding arbitration clauses to secure unfair advantages over unknowing parties. Courts seemingly have been eager to enforce arbitration clauses that appear in franchise agreements. This article discusses courts’ enforcement of arbitration clauses, undermining protections to the franchisee, and how franchisees can create a more level playing field.


The Tenth Amendment Among The Shadows: On Reading The Constitution In Plato's Cave, Jay S. Bybee Jan 2000

The Tenth Amendment Among The Shadows: On Reading The Constitution In Plato's Cave, Jay S. Bybee

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In Plato's Allegory of the Cave, he describes a cavernous chamber in which men are imprisoned. Although a large fire lights the cave, the prisoners cannot see the light source. Instead, they can only make out figures that dance and parade in front of them illuminated by the fire. The prisoners cannot even see the figures directly, only their shadows. Everything that the prisoners know about reality they have learned from the distorted shapes of the shadows dancing about the cave's walls. Socrates wonders, if a prisoner were suddenly freed and could see the objects themselves and not merely their …


Common Ground: Robert Jackson, Antonin Scalia, And A Power Theory Of The First Amendment, Jay S. Bybee Jan 2000

Common Ground: Robert Jackson, Antonin Scalia, And A Power Theory Of The First Amendment, Jay S. Bybee

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There are few cases that contrast more starkly than Justice Robert Jackson's opinion for the Court in West Virginia State Board of Education v. Barnette and Justice Antonin Scalia's majority opinion in Employment Division v. Smith. Although we praise Barnette for its soaring defense of the Free Speech Clause and excoriate Smith for its crabbed reading of the Free Exercise Clause, in fact, Justice Jackson and Justice Scalia are not so far apart. When we read Barnette and Smith in context, we will find that Justice Jackson and Justice Scalia treaded common ground with respect to the First Amendment. …


Supreme Court Of Nevada, Administrative Office Of The Courts, Nevada Domestic Violence Resource Manual, Mary E. Berkheiser Jan 2000

Supreme Court Of Nevada, Administrative Office Of The Courts, Nevada Domestic Violence Resource Manual, Mary E. Berkheiser

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No abstract provided.


Alwd Citation Manual: A Professional System Of Citation, Terrill Pollman, Leah A. Kane Jan 2000

Alwd Citation Manual: A Professional System Of Citation, Terrill Pollman, Leah A. Kane

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The Association of Legal Writing Directors (ALWD) has written a new citation manual that is easy to teach from and easy to use.

Although the ALWD Manual provides a very different teaching and learning experience, practitioners should experience few difficulties adjusting to the new manual.


Riddikulus!: Tenure-Track Legal Writing Faculty And The Boggart In The Wardrobe, Mary Beth Beazley Jan 2000

Riddikulus!: Tenure-Track Legal Writing Faculty And The Boggart In The Wardrobe, Mary Beth Beazley

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Professor Beazley compares myths to boggarts in this examination of the reasons schools cite when explaining their lack of tenure-track positions for legal writing faculty. These boggarts are the living myths that pop out and whisper in faculty ears whenever someone suggests that law schools should create tenure-track - or even permanent - faculty positions in legal writing. Although some faculties have defeated these boggarts, they are still out there, popping out not from under the bed or from behind the closet door, but at lunch in the faculty lounge, after the committee meeting, and during the conversation in the …


Remarks, Golden Pen Award, Mary Beth Beazley Jan 2000

Remarks, Golden Pen Award, Mary Beth Beazley

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Professor Beazley, then President of the Legal Writing Institute, joins her colleagues in presenting the inaugural Golden Pen Award to Arthur Levitt, Chairman of the United States Securities Exchange Commission, for his leadership in requiring plain language in financial disclosure documents, in this transcript of the presentation of the award at the National Press Club, Washington, D.C.


The Implementation Of Oregon’S Death With Dignity Act: Reassuring, But More Data Are Needed, David Orentlicher Jan 2000

The Implementation Of Oregon’S Death With Dignity Act: Reassuring, But More Data Are Needed, David Orentlicher

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Undoubtedly, empirical data from Oregon will play a key role for academics, legislators, judges, and the public as debate over the legalization of physician-assisted suicide continues. A central issue in the debate is whether a right to assisted suicide can be limited to only the truly compelling cases, or whether it will in practice be provided to patients who choose it out of depression, coercion, or misunderstanding. Empirical research can provide critical insights into this question.


Book Annotations, Leah Chan Grinvald Jan 2000

Book Annotations, Leah Chan Grinvald

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No abstract provided.


The Creditor In Possession Under The Bankruptcy Code: History, Text, And Policy, Thomas E. Plank Jan 2000

The Creditor In Possession Under The Bankruptcy Code: History, Text, And Policy, Thomas E. Plank

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No abstract provided.


Delaware Corporation Law And Transaction Cost Engineering, Charles R.T. O'Kelley Jan 2000

Delaware Corporation Law And Transaction Cost Engineering, Charles R.T. O'Kelley

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I have a passionate belief that a very good way to teach Corporations is to structure the course around a core goal--to teach Delaware corporate law systematically--not just bits and pieces of it, but the entire system, much the way we approach the teaching of constitutional law. This Essay is an elaboration of my reasoning and strategies, organized as a presentation and discussion of the core rationales for organizing the course in this way. The first justification flows axiomatically from the following proposition: we create value for many of our students, and harm none, by giving them an opportunity to …


Foreword: The Many Passions Of Teaching Corporations, Charles R.T. O'Kelley Jan 2000

Foreword: The Many Passions Of Teaching Corporations, Charles R.T. O'Kelley

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This Symposium belies such skeptical views of the Corporations course and those of us who teach it. The 1999 Teaching Corporate Law Conference was organized around teachers' self-identified passions in teaching Corporations--the themes, insights, skills or puzzles about which they are most intrigued or enthused. Thirty-seven professors made presentations at the Conference; twenty-eight have converted their presentations into the essays in this Symposium edition, which have been grouped substantively rather than in the exact order presented at the Conference.


Liability Issues Facing Online Businesses, David E. Shipley Jan 2000

Liability Issues Facing Online Businesses, David E. Shipley

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Online businesses are confronted by a wide variety of liability issues covering almost the full range of the standard law school curriculum. The liability problems that face a small business in Vidalia, Georgia, which is selling Vidalia onion products at specialty stores, through print advertising, and by mail, do not go away when the business starts marketing through a Web site. In fact, there might be more exposure doing business online, and there are variations depending upon the nature of the business in question. For example, as discussed below, an Internet Service Provider ("ISP") like America Online has worries that …


Preface To The Gateway Thread, Deborah W. Post Jan 2000

Preface To The Gateway Thread, Deborah W. Post

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No abstract provided.


Suburban Sprawl: Not Just An Environmental Issue, Michael Lewyn Jan 2000

Suburban Sprawl: Not Just An Environmental Issue, Michael Lewyn

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Many conservatives believe that (1) sprawl is merely the result of the free market at work; (2) even if sprawl has negative effects, it cannot be limited without implementation of the liberal/environmentalist agenda of larger and more intrusive government; therefore, (3) conservatives should do nothing to fight sprawl. This article rejects all three propositions. Specifically, I argue that: (1) sprawl is in large part a result of runaway statism rather than the free market; (2) sprawl threatens conservative values such as consumer choice, the work ethic, and social stability, and (3) free-market, anti-spending solutions can limit sprawl and revitalize cities.


Municipal Ethics Remain A Hot Topic In Litigation: A 1999 Survey Of Issues In Ethics For Municipal Lawyers, Patricia E. Salkin Jan 2000

Municipal Ethics Remain A Hot Topic In Litigation: A 1999 Survey Of Issues In Ethics For Municipal Lawyers, Patricia E. Salkin

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No abstract provided.


Beyond Cloning: Expanding Reproductive Options For Same-Sex Couples, David Orentlicher Jan 2000

Beyond Cloning: Expanding Reproductive Options For Same-Sex Couples, David Orentlicher

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No abstract provided.


Medical Malpractice: Treating The Causes Instead Of The Symptoms, David Orentlicher Jan 2000

Medical Malpractice: Treating The Causes Instead Of The Symptoms, David Orentlicher

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No abstract provided.


Third Party Payments To Criminal Defense Lawyers: Revisiting United States V. Hodge And Zweig, David Orentlicher Jan 2000

Third Party Payments To Criminal Defense Lawyers: Revisiting United States V. Hodge And Zweig, David Orentlicher

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No abstract provided.


Women Defenders On Television: Representing Suspects And The Racial Politics Of Retribution, Joan W. Howarth Jan 2000

Women Defenders On Television: Representing Suspects And The Racial Politics Of Retribution, Joan W. Howarth

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This Essay is about Ellenor Frutt, Annie Dornell, Joyce Davenport, and other women criminal defense attorneys of prime time television. It examines how high-stakes network television presents sympathetic stories about women working as criminal defense attorneys while simultaneously supporting the popular thirst for the harshest criminal penalties. Real women who choose to represent criminal defendants are fundamentally out of step with angry and unforgiving attitudes toward crime and criminals. Indeed, women defenders have chosen work that puts them in direct opposition to the widespread public willingness to incarcerate record numbers of Americans, often young African-American and Latino men, for longer …


Toward The Restorative Constitution: A Restorative Justice Critique Of Anti-Gang Public Nuisance Injunctions, Joan W. Howarth Jan 2000

Toward The Restorative Constitution: A Restorative Justice Critique Of Anti-Gang Public Nuisance Injunctions, Joan W. Howarth

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Gang members from elsewhere congregated on lawns, on sidewalks, and in front of apartment complexes at all hours. They displayed a casual contempt for notions of law, order, and decency -- openly drinking, smoking dope, sniffing toluene, and even snorting cocaine laid out in neat lines on the hoods of residents' cars. San Jose prosecutors responded by obtaining and enforcing a broad injunction against the gangs and their members, based on the finding that the gangs' activities constituted a public nuisance. California prosecutors have sought such anti-gang public nuisance injunctions since 1987. Their constitutionality was in doubt for ten years …