Law Commons^™

The Recusal Alternative To Campaign Finance Legislation, John Copeland Nagle

Journal Articles

Typical campaign finance proposals focus on limiting the amount of money that can be contributed to candidates and the amount of money that candidates can spend. This article suggests an alternative proposal that places no restrictions on contributions or spending, but rather targets the corrupting influence of contributions. Under the proposals, legislators would be required to recuse themselves from voting on issues directly affecting contributors. I contend that this proposal would prevent corruption and the appearance of corruption while remedying the first amendment objections to the regulation of money in campaigns.

Addressing The Patent Gold Rush: The Role Of Deference To Pto Patent Denials, Arti K. Rai

Faculty Scholarship

No abstract provided.

Standing At The Edge Of A New Millennium: Ending A Decade Of Erosion Of The Citizen Suit Provision Of The Clean Water Act, Emily A. Berger

Maryland Law Review

No abstract provided.

The Maryland Survey: 1998-1999

Maryland Law Review

No abstract provided.

Adverse Drug Reactions: Harnessing Experiential Data To Promote Patient Welfare, Barbara A. Noah

Faculty Scholarship

Part I of this Article evaluates the pre-approval and post-approval regulatory framework governing prescription drugs, and the FDA's spontaneous reporting system for adverse events, as it contrasts that system with the regulatory mechanisms used to monitor risks associated with other products. Part II summarizes the recent series of prescription drug marketing withdrawals prompted by reports of unexpected adverse reactions. Finally, Part III offers some possible solutions designed to improve the efficiency of postapproval surveillance so that fewer patients will suffer the consequences of unexpected adverse drug reactions and interactions. This Article concludes that the existing regulatory system requires fundamental reprioritization …

A Market-Based Solution To The Judicial Clerkship Selection Process, Edward S. Adams

Maryland Law Review

No abstract provided.

Student Versus University: The University's Implied Obligations Of Good Faith And Fair Dealing, Hazel Glenn Beh

Maryland Law Review

No abstract provided.

Arrests Without Prosecution And The Fourth Amendment , Surell Brad

Maryland Law Review

No abstract provided.

National Endowment For The Arts V. Finley: Sinking Deeper Into The Abyss Of The Supreme Court's Unintelligible Modern Unconstitutional Conditions Doctrine, Harold B. Walther

Maryland Law Review

No abstract provided.

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

Maryland Law Review

No abstract provided.

Enforcement Of Federal Private Rights Against States After Alden V. Maine: The Importance Of Hutto V. Finney And Compensation Via Civil Contempt Proceedings, Gordon G. Young

Maryland Law Review

No abstract provided.

The Roman Law Roots Of Copyright, Russ Ver Steeg

Maryland Law Review

No abstract provided.

The Victim's Rights Amendment: A Prosecutor's, And Surprisingly, A Defense Attorney's Support In Sentencing, Steven I. Platt, Jeannie Pittillo Kauffman

Maryland Law Review

No abstract provided.

Living Trusts In The Unauthorized Practice Of Law: A Good Thing Gone Bad, Angela M. Vallario

Maryland Law Review

No abstract provided.

Denying Access To Legal Representation: The Attack On The Tulane Environmental Law Clinic, Robert R. Kuehn

Scholarship@WashULaw

When people require assistance to advance public interests, rather than private interests, the lack of legal representation is even more severe—less than .001% of lawyers in the legal profession are public interest lawyers. “Although recent data are unavailable, the best available estimates suggest that the number of full-time public interest lawyers is less than one attorney for every 240,000 Americans.” Citizens advancing issues of public concern often have no choice but to turn for free assistance from law school professors or one of the nation’s law school clinics.

Clinical Education For This Millennium: The Third Wave, Peter A. Joy, Margaret Martin Barry, Jon C. Dubin

Scholarship@WashULaw

This article focuses on the continuing transformation of legal education and the role of clinical legal education in training competent, ethical practitioners. Part I examines the primary challenges that clinicians confronted in the past: to create a clinical legal education teaching methodology and to establish viable, enduring clinical programs in law schools throughout the country. Part II discusses a variety of different models for integrating clinical methodology either throughout the curriculum or as a core feature of the curriculum. Part III analyzes a variety of the most pressing challenges and opportunities for clinical legal education and the larger enterprise of …

Strategic Disclosure In The Patent System, Douglas Lichtman, Scott Baker, Kate Kraus

Scholarship@WashULaw

Patent applications are evaluated in light of the prior art. What this means is that patent examiners evaluate a claimed invention by comparing it with what in a rough sense corresponds to the set of ideas and inventions already known to the public. This is done for three reasons. First, the comparison helps to ensure that patents issue only in cases where an inventor has made a non-trivial contribution to the public's store of knowledge. Second, it protects a possible reliance interest on the part of the public since, once an invention is widely known, members of the public might …

Balance-Of-Payments Crises In The Developing World: Balancing Trade, Finance And Development In The New Economic Order, Chantal Thomas

Cornell Law Faculty Publications

No abstract provided.

The Psychology Of Global Climate Change, Jeffrey J. Rachlinski

Cornell Law Faculty Publications

In its attempt to address the threat of global climate change, society has struggled to reach a consensus regarding the need for preventive measures. Professor Rachlinski describes the threat of global climate change as a unique commons dilemma and explains that various psychological phenomena of judgment render it unlikely that society will be able to respond effectively to the threat. After considering the effects of biased assimilation, loss aversion, and other psychological processes, the author explains that an innovative approach is necessary to properly address the dilemma of global climate change.

Specifically, the author examines the prospect of governmental intervention …

The Limits Of Behavioral Decision Theory In Legal Analysis: The Case Of Liquidated Damages, Robert A. Hillman

Cornell Law Faculty Publications

Discontent with the apparent tunnel vision of economic analysis of law's rational choice theory, legal scholars recently have turned with enthusiasm to "behavioral decision theory" (BDT) to enrich their understanding of how people make decisions and of the law's effect on human behavior. This article, for the first time, evaluates BDT's potential contribution to legal analysis by focusing on a single, important legal paradox: Despite contract law's freedom of contract paradigm, courts actively and enthusiastically police agreed damages provisions. Although the article finds an important place in legal analysis for this new discipline, the article raises and discusses several obstacles …

Vouchers And Beyond: The Individual As Causative Agent In Establishment Clause Jurisprudence, Laura S. Underkuffler

Cornell Law Faculty Publications

No abstract provided.

The Index Of Individual Case Reports Of The Inter-American Commmission On Human Rights: 1994-1999, Richard J. Wilson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Nullifying History: Modern-Day Misuse Of The Right To Decide The Law, David A. Pepper

Case Western Reserve Law Review

No abstract provided.

Seducing The Target: Sexual Intercourse As Outrageous Government Conduct, Rachael Urbansky

Case Western Reserve Law Review

No abstract provided.

Volume 50 Issue 4 (2000), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

Raising The Defense Of Procedural Default Sua Sponte: Who Will Enforce The Great Writ Of Liberty, Jeffrey C. Metzcar

Case Western Reserve Law Review

No abstract provided.

Masthead, Volume 51 Issue 1 (2000)

Case Western Reserve Law Review

No abstract provided.

Volume 51 Issue 1 (2000), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

Selected Issues In Federal Condemnations For Underground Natural Gas Storage Rights: Valuation Methods, Inverse Condemnation, And Trespass, Steven D. Mcgrew

Case Western Reserve Law Review

No abstract provided.

Federal Rights, Federal Forum: Section 1983 Challenges To State Convictions In Federal Court, Emery G. Lee

Case Western Reserve Law Review

No abstract provided.