Law Commons^™

Les Jeux Ne Sont Pas Fait: The Right To Dignified Long-Term Care In The Face On Industry-Wide Financial Failure, Nathalie Martin

Faculty Scholarship

This Article explores issues that we, as a society, would rather not, but must, discuss. These issues include aging, how the future costs of long-term care will be paid, and what form and quality of long-term care will continue to be financed through Medicare. More specifically, this Article discusses the philosophical issues raised by the cuts, as well as the practical implications of the cuts for patients and residents. It also attempts, primarily through information about the administrative and other costs of the federal bankruptcy process, to refute government claims that these cuts have not and will not affect patient …

Funding Long-Term Care: Some Risk-Spreaders Create More Risk Than They Cure, Nathalie Martin

Faculty Scholarship

The purpose of this Article is to explore two different aspects of the long-term care issue. First, what are the options for receiving longterm care, such as home-care, assisted living, CCFs or traditional nursing homes? Second, what are the methods of funding long-term care? This Article will consider the strengths and weaknesses of each option when considering how best to control the costs of long-term care. Because only two of the options, maintaining LTC insurance and entering into a contract with a CCF, attempt to control future longterm care costs through risk-spreading, the Article considers these two options in more …

The Civil Jury In America: Improving The Jury's Understanding Of A Case, Jay E. Grenig

Faculty Publications

No abstract provided.

The Annihilation Of Sea Turtles: Wto Intransigence And U.S. Equivocation, Lakshman Guruswamy

Publications

No abstract provided.

Colorado Association Of Law Libraries, Georgia Briscoe

Publications

No abstract provided.

Reasons Within Passions: Emotions And Intentions In Property Rights Bargaining, Peter H. Huang

Publications

This article discusses the role of emotions (or feelings or affects) in property rights bargaining. Real world people choose bargaining strategies based upon not only rational calculations, but also their gut feelings. This article considers the impact of anger and shame on bargaining over property rights and the Coase theorem. Such emotions may depend on beliefs (expectations or assessments) about whether particular strategic decisions should or will occur. Such beliefs can be viewed as attributions over the intentions of others.

Delaware As Demon: Twenty-Five Years After Professor Cary's Polemic, Mark J. Loewenstein

Publications

No abstract provided.

Acknowledgments, Jeremy Paul, Pierre Schlag

Publications

CLS 2001 Symposium - Critical Legal Studies (Debut de Siecle): A Symposium on Duncan Kennedy's A Critique of Adjudication: Fin de Siècle (1997).

Left Over Rights, Daria Roithmayr

Publications

This Essay focuses on Duncan Kennedy's argument for a "post-rights" position, in the wake of the earlier critical legal studies critique of rights and the ensuing response by Critical Race Theorists. I argue that, notwithstanding Kennedy's loss of faith in rights discourse, rights talk might still be pragmatically useful for communities of color to operate strategically within the accepted legal framework, or to subvert that framework in order to advance particular political commitments for particular communities of color at particular moments in history.

The Spirit Of 76: Does President Clinton's Roadless Lands Directive Violate The Spirit Of The National Forest Management Act Of 1976?, Jennifer Sullivan

Publications

This Article explores the competing resource protection and production interests surrounding President Clinton's proposal to ban new road building in areas of the Tongass National Forest. The Tongass is currently exempted from a temporary moratorium on road building while the Forest Service determines whether to include the Tongass in the roadless ban. This Article analyses the current legislative framework that guides Forest System management of the Tongass and legal challenges to the roadless ban's application to the Tongass. Finally, the Author suggests a potential compromise that balances commercial and production interests.

Freezing The Company Charter, Eric Kades

Faculty Publications

When legislatures alter corporate, partnership, and other business entity statutes, they simultaneously amend the governing document of all entities of that type formed within the jurisdiction. In many circumstances these business entities may wish to retain existing rules for internal governance. This Article offers a novel tool for firms wishing to so manage their own legal transitions: the "charter freeze." A freeze provision in the company charter declares that future (non-mandatory) changes in relevant statutes have no effect on the firm. Owners may affirmatively adopt the new rules, but choose to exercise complete control over their adoption vel non of …

When Can A Defendant Challenge His Acca Sentence On The Basis That His Prior State Convictions Were Unconstitutional?, Michael O'Hear

Faculty Publications

No abstract provided.

Does The Federal Arbitration Act Apply To Contracts Of Employment?, Ralph C. Anzivino

Faculty Publications

No abstract provided.

The Relationship Between Equality And Access In Law School Admissions, Angela M. Banks

Faculty Publications

No abstract provided.

Spiritual Treatment Exemptions To Child Medical Neglect Laws: What We Outsiders Should Think, James G. Dwyer

Faculty Publications

No abstract provided.

Informed Consent For Neonatal Circumcision: An Ethical And Legal Conundrum, J. Steven Svoboda, Robert S. Van Howe, James G. Dwyer

Faculty Publications

No abstract provided.

The Dark Side Of Efficiency: Johnson V. M'Intosh And The Expropriation Of Amerindian Lands, Eric Kades

Faculty Publications

No abstract provided.

Courtroom Technology, A Judicial Primer, Fredric I. Lederer

Faculty Publications

No abstract provided.

Correcting Deadly Confusion: Responding To Jury Inquiries In Capital Cases, Stephen P. Garvey, Sheri Lynn Johnson, Paul Marcus

Faculty Publications

No abstract provided.

The Appointment Of General Yaron: Continuing Impunity For The Sabra And Shatilla Massacres, Linda A. Malone

Faculty Publications

No abstract provided.

A Populist Political Perspective Of The Business Tax Entities Universe: Hey The Stars Might Lie, But The Numbers Never Do, John W. Lee

Faculty Publications

No abstract provided.

"Out Of Zion Shall Go Forth The Law", Nathan B. Oman

Faculty Publications

No abstract provided.

Prologue: A Note From The Executive Board, International Law Journal Executive Board

California Western International Law Journal

No abstract provided.

Ethics Matters, Too: The Significance Of Professional Regulation Of Attorney Fees And Costs In Mass Tort Litigation - A Response To Judith Resnik, Nancy J. Moore

Faculty Scholarship

Professor Resnik begins her paper, Money Matters: Judicial Market Interventions Creating Subsidies and Awarding Fees and Costs in Individual and Aggregate Litigation, by noting what she regards as the obvious insufficiency of current law regarding the payment of attorney fees and costs in mass tort lawsuits.' According to Professor Resnik, there is a "shared sense that 'something' needs to be done,"2 but there is no consensus on what that "something" is.3 Professor Resnik's solution appears to be increased regulation by judges,4 including heightened attention to the relationships among differently situated lawyers; for example, lawyers who are class counsel or members …

Revision And Recodification Of The Texas Rules Of Civil Procedure Concerning The Jury Charge, William V. Dorsaneo Iii

Faculty Journal Articles and Book Chapters

The primary purpose of this article is to discuss and explain why the Texas Rules of Civil Procedure concerning the trial court's charge to the jury should be replaced by a new set of procedural rules initially developed by a Jury Charge Task Force appointed by the Texas Supreme Court in 1991. As seminared, amended, and recommended for adoption to the Texas Supreme Court by the Supreme Court Advisory Committee in 1996, these proposed rules, or comparable ones,should be promulgated by the Texas Supreme Court. Revision of the jury charge rules is desirable because the procedures for preserving complaints about …

When Fathers' Rights Are Mothers' Duties: The Failure Of Equal Protection In Miller V. Albright, Kristin Collins

Faculty Scholarship

The history of coverture and the transmission of American citizenship brings an elementary point into focus: The allocation of parental rights is always correlated with the allocation of parental responsibility. This basic legal truism, and its numerous implications for citizenship law, suggests that the principal gender injustice caused by § 1409 is not its truncation of fathers' rights, but its creation and perpetuation of a legal regime in which mothers assume full responsibility for foreign-born nonmarital children. Once we recognize this gendered operation of § 1409, broader failures of equal protection analysis come into relief. First, while the jurisprudential understanding …

Race And Immigration Law: A Paradigm Shift?, George A. Martinez

Faculty Journal Articles and Book Chapters

For many years, controversies impacting many areas of legal scholarship have left the field of immigration law virtually untouched. Thus, although other areas of law have felt the critique advanced by critical scholars, immigration law has proceeded as a virtually self-contained unit. In doing so, immigration law has developed a paradigm for legal research.

As Thomas Kuhn uses the term, a paradigm, or normal science, "suppl[ies] the foundation" for research in the area. Scholars who participate in a shared paradigm "are committed to the same rules and standards" for research, and the paradigm "define[s] the legitimate problems and methods of …

The Logic Of Egalitarian Norms, Kenneth Simons

Faculty Scholarship

"The Logic of Egalitarian Norms" was prompted by a recent article by Christopher J. Peters, "Equality Revisited," 110 Harv. L. Rev. 1210 (1997), arguing that the concept of equality is self-contradictory and sometimes leads to absurd results, such as the multiplication of wrongs or wasteful "leveling down" of social benefits. Peters' view is shared by other recent skeptical commentators who question the value of egalitarian norms or who worry that such norms are often misleading. The article defends egalitarian logic against such skepticism in a wide variety of legal domains.

The Prosecutor's Ethical Duty To Seek Exculpatory Evidence In Police Hands: Lessons From England, Stanley Z. Fisher

Faculty Scholarship

The Supreme Court in Kyles v. Whitley affirmed the prosecutor's duty under Brady v. Maryland to disclose exculpatory evidence to the defense, even if the police have not revealed the evidence to the prosecutor. According to the Court, prosecutors are responsible for ensuring that police communicate relevant evidence to her office. How should prosecutors implement that responsibility? Both England and the United States require prosecutors to disclose exculpatory evidence known to the police, but they take radically different approaches to implementing the prosecutor's duty. The English have legislated a comprehensive regulatory framework for police record keeping and revelation of case …

New Plants As Natural Experiments In Economic Adjustment: Adjustment Costs, Learning-By-Doing And Lumpy Investment, James Bessen

Faculty Scholarship

A large sample of new plants is studied to reveal detailed adjustment behavior for capital, labor and productivity. Once production has begun, capital adjusts almost as quickly as labor. Overall, capital adjustment is lumpy while labor follows a learning-by-doing model rather than a convex adjustment cost model. Plants are quite heterogeneous, however: convex adjustment costs appear important at small plants, but large plants exhibit lumpy investment and substantial investment in learning-by-doing. A positive association between plant productivity growth and wages (and also the change in wages) corroborates the importance of learning-by-doing. Also, learning-by-doing appears to influence the behavior of large …