Law Commons^™

When Money Talks: Reconciling Buckley, The First Amendment, And Campaign Finance Reform, Stephanie Pestorich Manson

Washington and Lee Law Review

No abstract provided.

Gender Bias Task Force: Comments On Courtroom Environment, Sam W. Coleman, Iii

Washington and Lee Law Review

No abstract provided.

Tiger's Paper Tiger: The Endangered Right Of Publicity, David J. Michnal

Washington and Lee Law Review

No abstract provided.

Re Canada Post Corp And Cupw (105-95-00468), Innis Christie

Innis Christie Collection

The Union claims that in the Employer's measurement of two "buddy" routes, values are missing. In response to the grievance, the Employer promised to add in the missing values, but the Union submits that no such adjustments have been made to the routes in issue, nor to others brought up with the Route Measurement Officers.

The Arbitrator awards that terms agreed upon by the parties shall be met, namely, that the Superintendent of Route Measurement shall re-run the data on three disputed routes. If any of the routes "busts" the Employer will make retroactive adjustments. If any route does not …

Re Canada Post Corp And Cupw (105-95-00491), Innis Christie

Innis Christie Collection

The Union claims that the Employer has breached the Agreement by failing to complete forms to reflect waiting times for two motorized routes. In response to an internal grievance, the Employer stated that the Union was mistaken; that time was allotted for waiting.

The grievance fails. While it may be logical that waiting time should be structured into these routes since it is the norm, the clear words of the Carrier Route Measurement Manual indicate that there is no waiting time on relays, and the Arbitrator cannot override the manual. The Employer's response to the Union was certainly in error, …

Politics, Childhood Sexual Abuse, And Science Abuse, Ibpp Editor

International Bulletin of Political Psychology

This article explores the latest political developments concerning the scientific analysis of childhood sexual abuse.

After Steel Co.: "Hypothetical Jurisdiction" In The Federal Appellate Courts, Joan Steinman

Washington and Lee Law Review

No abstract provided.

Gender Bias Task Force: Comments On The Final Report, Elizabeth B. Lacy

Washington and Lee Law Review

No abstract provided.

Gender Bias Task Force: Comments On Substantive Law Issues, Jane Marum Roush

Washington and Lee Law Review

No abstract provided.

Daubert's Backwash: Litigation-Generated Science, William L. Anderson, Barry M. Parsons, Drummond Rennie

University of Michigan Journal of Law Reform

In the 1993 landmark case Daubert v. Merrell Dow Pharmaceuticals, the United States Supreme Court articulated its position on the admissibility of scientific evidence. The Court reasoned that federal judges should rely on the processes scientists use to identify unreliable research, including the process of peer review, to determine when scientific evidence should be inadmissible. In response, lawyers and their clients, seeking to rely on such evidence, have begun funding and publishing their own research with the primary intention of providing support to cases they are litigating. This Article examines the phenomenon of litigation-generated science, how it potentially undermines …

Just And Unjust Compensation: The Future Of The Navigational Servitude In Condemnation Cases, Alan T. Ackerman, Noah Eliezer Yanich

University of Michigan Journal of Law Reform

In 1967, the U.S. Supreme Court, in United States v. Rands, expanded the navigational servitude doctrine governing the federal government's power over land adjoining a navigable waterway by severely qualifying the government's Fifth Amendment obligation to compensate the landowner. This Article addresses the issue in the following ways: Part I surveys Congress' power to regulate navigable waters under the Commerce Clause. Part II summarizes the development of the navigational servitude doctrine and some of its inhibitory effects on waterfront development, especially under Rands. It explains the fundamental unfairness of the Rands principle and demonstrates why this constitutional rule …

Title Vii Quid Pro Quo And Hostile Environment Sexual Harassment Claims: Changing The Legal Framework Courts Use To Determine Whether Challenged Conduct Is Unwelcome, Elsie Mata

University of Michigan Journal of Law Reform

In examining the nature of sexual harassment claims, the author challenges the use of the "unwelcomeness" element to distinguish actionable conduct from nonactionable conduct. The author contends that the "unwelcomeness" element demeans women in two ways: (1) it assumes the male perspective and presumes that the plaintiff appreciated the challenged conduct unless she proves otherwise; and (2) it allows the defense to engage in intrusive, irrelevant, and damaging inquiries as it attempts to refute the plaintiff's allegation that the challenged conduct was unwelcome.

The author argues for three reforms. First, courts should shift the burden of proving that the challenged …

Religious Identity And The Health Care Market: Mergers And Acquisitions Involving Religiously Affiliated Providers, Donald Hermann

College of Law Faculty

No abstract provided.

Regulating Risks After Ata, Cass R. Sunstein

Coase-Sandor Institute for Law & Economics Research Paper Series

Whitman v. American Trucking Association was one of the most eagerly awaited regulatory decisions in many years. But the Court’s understated, steady, lawyerly opinion was a bit of an anticlimax, representing a return to normalcy and leaving many open questions. The Court was correct to say that the relevant provision of the Clean Air Act forbids consideration of cost; it was also correct to refuse to invoke the nondelegation doctrine. Importantly, the Court left in place a set of important lower court decisions, allowing agencies to consider costs unless Congress expressly concludes otherwise. The Court also raised some new questions …

Social And Economic Rights? Lessons From South Africa, Cass R. Sunstein

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

The Laws Of Fear, Cass R. Sunstein

Coase-Sandor Institute for Law & Economics Research Paper Series

Cognitive and social psychologists have uncovered a number of features of ordinary thinking about risk. Giving particular attention to the work of Paul Slovic, this review-essay explores how an understanding of human cognition bears on law and public policy. The basic conclusion is that people make many mistakes in thinking about risk and that sensible policies, and sensible law, will follow statistical evidence, not ordinary people. The discussion explores the use of heuristics, the effects of cascades, the role of emotions, demographic differences, the role of trust, and the possibility that ordinary people have a special “rationality” distinct from that …

The Market For Federal Judicial Law Clerks, Alvin E. Roth, Richard A. Posner, Christopher Avery, Christine Jolls

Coase-Sandor Institute for Law & Economics Research Paper Series

In September 1998, the Judicial Conference of the United States abandoned its latest attempt to regulate the timing of interviews and offers in the law clerk selection process. This paper surveys the further unraveling of the market since then, makes comparisons with other entry level professional labor markets, and evaluates some possibilities for reform.

Bankruptcy Decision Making, Edward Morrison, Douglas G. Baird

Coase-Sandor Institute for Law & Economics Research Paper Series

When a firm encounters financial distress, there is a significant possibility that, at some point, the firm itself should be shut down and its assets put to a better use. But Chapter 11 and indeed all market-mimicking reorganization regimes other than a speedy auction entrust the shutdown decision to a bankruptcy judge who lacks information and expertise, as well as the ability to control the timing of her decisions. Understanding the costs of entrusting the shutdown decision to a bankruptcy judge is central to assessing any law of corporate reorganizations. This paper models the shutdown decision as the exercise of …

Cost-Benefit Default Principles, Cass R. Sunstein

Michigan Law Review

Courts should be reluctant to apply the literal terms of a statute to mandate pointless expenditures of effort. . .. Unless Congress has been extraordinarily rigid, there is likely a basis for an implication of de minimis authority to provide exemption when the burdens of regulation yield a gain of trivial or no value. It seems bizarre that a statute intended to improve human health would .. . lock the agency into looking at only one half of a substance's health effects in determining the maximum level for that substance. [I]t is only where there is "clear congressional intent to …

Should The Law Ignore Commercial Norms? A Comment On The Bernstein Conjuncture And Its Relevance For Contract Law Theory And Reform, Jason Scott Johnston

Michigan Law Review

Professor Bernstein's study of the interaction between private law and norms in the cotton industry is the latest installment in her ongoing investigation into the relationship between law and norms in trades ranging from the diamond market to grain and feed markets. Her incredibly detailed and thorough exploration of private lawmaking and commercial norms - and their interaction - stands as one of the most significant contributions to contract and commercial law scholarship made in the last half-century. The cotton industry study upon which I focus in this Comment not only reports fascinating findings about dispute resolution practices, but also …

Private Commercial Law In The Cotton Industry: Creating Cooperation Through Rules, Norms, And Institutions, Lisa Bernstein

Michigan Law Review

The cotton industry has almost entirely opted out of the public legal system, replacing it with one of the oldest and most complex systems of private commercial law. Most contracts for the purchase andsale of domestic cotton, between merchants or between merchants andmills, are neither consummated under the Uniform Commercial Code("Code") nor interpreted and enforced in court when disputes arise. Rather, most such contracts are concluded under one of several privately drafted sets of contract default rules and are subject to arbitration in one of several merchant tribunals. Similarly, most international sales of cotton are governed neither by state-supplied legal …

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recenlty received by Michigan Law Review.

Note From The Editor

Alaska Law Review

No abstract provided.

A Comity Of Errors: Why John V. Baker Is Only A Tentative First Step In The Right Direction, Carl H. Johnson

Alaska Law Review

No abstract provided.

Journal Staff

Alaska Law Review

No abstract provided.

The Year In Review 2000: Cases From Alaska Supreme Court, Alaska Court Of Appeals, U.S. Court Of Appeals For The Ninth Circuit, And U.S. District Court For The District Of Alaska, Jonathan M. Werner

Alaska Law Review

No abstract provided.

After-Acquired Evidence In Employment Cases In Alaska: An Alternative Approach, Terry A. Venneberg

Alaska Law Review

No abstract provided.

Curbside Justice: Court Gives Police The Green Light To Arrest For Minor Infractions, Kathryn R. Urbonya

Popular Media

No abstract provided.

Table Of Contents--Issue 5, North Carolina Law Review

North Carolina Law Review

No abstract provided.

Redistricting In North Carolina--A Personal Perspective, Robinson O. Everett

North Carolina Law Review

No abstract provided.