Law Commons^™

Ndls Update 11/2001, Notre Dame Law School

NDLS Update

No abstract provided.

Inclusive Boundaries And Other (Im)Possible Paths Toward Community Development In A Global World, Fran Ansley

Scholarly Works

This paper is based on a talk given at a University of Pennsylvania symposium on Social Movements and Law Reform. In it Professor Ansley takes as a case study the U.S. movement against plant closings. In the seventies, eighties and nineties this movement attempted to respond to the increasing flow of industrial capital from the U.S. to other countries. Like other social movements, it devoted a significant part of its energy to "framing" its issues - articulating and attempting to promote a particular way of looking at the issue of plant closings, de-industrialization, and the new international division of labor. …

Legislative Update

Journal of Environmental and Sustainability Law

No abstract provided.

Table Of Contents

Journal of Environmental and Sustainability Law

No abstract provided.

The Wine Is In The Mail: The Twenty-First Amendment And State Laws Against The Direct Shipment Of Alcoholic Beverages, Russ Miller

Vanderbilt Law Review

The Internet has revolutionized commerce by providing an easy way for businesses to reach vast numbers of customers, and by allowing consumers to attain products of all sorts with the mere click of a mouse. Some wine consumers, however, feel left behind by the Internet revolution. State laws against the direct shipment of alcohol leave them frustrated because they cannot purchase wine online and have it shipped to their homes. These laws against direct shipment have attracted a significant amount of attention in the news media, and they have recently been challenged in a number of federal courts.

To understand …

When Hope Unblooms: Chance And Moral Luck In The Fiction Of Thomas Hardy, Jil Larson

Center for the Study of Ethics in Society Papers

Paper presented at the Center for the Study of Ethics in Society at Western Michigan University, September 20, 2001.

Broadly Speaking - November, 2001, Nova Southeastern University

Broadly Speaking

No abstract provided.

Meeting Employees' Information Needs In An Evolving Health Care Marketplace, Lise Rybowski

National Health Policy Forum

This background paper explores the role of information in an evolving health care marketplace. It notes that, in a softening economy, many employers seeking relief from escalating health care expenses shift costs onto employees. Some try to make their retreat more palatable by offering employees both more options for how and where they receive health care and more control over how and where the money is spent. This paper discusses the changes that are likely to occur over the next decade in the ways that people make decisions about health plans and providers, the implications for consumers' information needs, and …

Beyond Exit And Voice: User Participation In The Production Of Local Public Goods, Lee Anne Fennell

Articles

No abstract provided.

Profile, Fall 2001

Alumni Magazines

No abstract provided.

When Lawyers Were Serial Killers: Nineteenth Century Visions Of Good Moral Character, Roger Roots

Northern Illinois University Law Review

This article provides a historical look at the meaning of the phrase "good moral character" in the context of the fitness of an individual for the practice of law. Going back to the 1700s, the author traces the origins of fitness requirements. This historical timeline uncovers a shockingly violent period when engaging in duels with pistols seemed to be an unwritten requirement to be considered a gentleman and a lawyer.

The Forum, Volume 1, Issue 4 (November 2001), University Of South Carolina School Of Law Students

The Forum Student Newspaper

THE MIDSEASON REPORT, by Scott Mitchell

Evaulate This, by David Hartman (as inspired by Ashley Twombley)

A Word From Our President, by Chris Edwards

The Other Girlfriend, by Beth Marten, Pundit

The Forum Editorial Board

Your Mountain Is Waiting, by Amy Parker

Letters to the Editor notice

Submissions notice

Music Review: A Lenny Kravitz Discography By Brian Butchart

Fat Alley's advertisement

Professionalism Part II, by Will Edwards

Free T-shirt notice

Count-Pointercount With Frick and Koon, by John Frick and Chris Koon

The Forum Interview with Professor Lisa Eichhorn, by Scott Mitchell and Benje Selan

Letters to the Editor from "Your …

Toleration, Approval, And The Right To Marry: On Constitutional Limitations And Preferential Treatment, Mark Strasser

Loyola of Los Angeles Law Review

No abstract provided.

Fitting A Square Peg Into A Round Hole: The Application Of Traditional Rules Of Law To Modern Technological Advancements In The Workplace, Gregory I. Rasin, Joseph P. Moan

Missouri Law Review

In the ever-changing technological environment, the transmission of information has become as simple and as quick as the click of a mouse or the touch of a button. However, the emergence and widespread use of computers, electronic mail, and the Internet in the workplace also has created challenges for employers, their attorneys, and the courts. Specifically, the courts are forced to apply traditional rules of law to modern technological advancements. The lack of symmetry between these two notions has created uncertainty for today’s employer. This Article discusses the impact of new technology on employment law, particularly in the areas of …

Contracts-Breach Distinguished From Rescission

Indiana Law Journal

No abstract provided.

“Closet Case”: Boy Scouts Of America V. Dale And The Reinforcement Of Gay, Lesbian, Bisexual, And Transgender Invisibility, Darren Lenard Hutchinson

UF Law Faculty Publications

This Article argues that the Supreme Court's decision in Boy Scouts of America v. Dale misapplies and ignores controlling First Amendment precedent and incorrectly defines “sexual identity” as a clinical or biological imposition that exists apart from expression or speech. This Article provides a doctrinal alternative to Dale that would protect vital interests in both equality and liberty and that would not condition, as does Dale, sexual “equality” upon the silencing of gay, lesbian, bisexual, and transgender individuals.

This Article proceeds in five parts. Part I provides an introduction to the case and issues.Part II discusses the evolution of the …

Kiss And Tell: Making The Case For The Torious Transmission Of Herpes And Human Papillomavirus, Michele L. Mekel

Missouri Law Review

Recognizing theories of recovery for a tort committed an estimated six million times per year in the United States alone at an annual cost in excess of $4 billion is logical—if not imperative. Not all jurisdictions, however, recognize theories of recovery when the tort in question is the wrongful transmission of herpes and human papillomavirus (“HPV”), two of the most common, incurable sexually transmitted diseases (“STDs”) in America. Nevertheless, in Deuschle v. Jobe, the Missouri Court of Appeals for the Western District of Missouri took a significant step by acknowledging an unmarried sexual partner’s right to bring negligence and intentional …

Of Artifical Intelligence And Legal Reasoning, Cass R. Sunstein

Public Law and Legal Theory Working Papers

Can computers, or artificial intelligence, reason by analogy? This essay urges that they cannot, because they are unable to engage in the crucial task of identifying the normative principle that links or separates cases. Current claims, about the ability of artificial intelligence to reason analogically, rest on an inadequate picture of what legal reasoning actually is. For the most part, artificial intelligence now operates as a kind of advanced version of LEXIS, offering research assistance rather than analogical reasoning. But this is a claim about current technology, not about inevitable limitations of artificial intelligence; things might change in the future.

Discounting In The Long Term, Coleman Bazelon, Kent Smetters

Loyola of Los Angeles Law Review

No abstract provided.

Why Lawyers Are Unhappy, Martin E.P. Seligman, Paul R. Verkuil, Terry H. Kang

Cardozo Law Review

No abstract provided.

Two Critiques Of Multiculturalism, Ayelet Shachar

Cardozo Law Review

No abstract provided.

"Counselor, Proceed With Caution": The Use Of Integrated Evidence Presentation Systems And Computer-Generated Evidence In The Courtroom, Elan E. Weinreb

Cardozo Law Review

No abstract provided.

Running Aground On The (Shoal) Waters Of The United States: The Supreme Court Invalidates The Migratory Bird Rule, William F. Northrip

Missouri Law Review

For the better part of the last fifty years, the Commerce Clause provided a safe harbor for congressional legislation. However, the legislative landscape began to change with the Supreme Court’s decision in United States v. Lopez. For the first time in nearly sixty years, an act of Congress was invalidated as exceeding the authority granted to Congress by the commerce Clause. As courts applied the stricter standard announced in Lopez, some regulations began to founder under the newly heightened scrutiny. Among the regulations that struggled in these rough waters was 33 C.F.R. § 328.3, the United States Army Corps of …

John Wilkes And The Enlightenment, Stephen Carruthers

Masters

Based on the absence of a substantial political philosophy and a scandalous reputation, modern assessments of John Wilkes have tended to marginalise his role in the development of radical political ideas in England in the 1760s and 1770s. This evaluation is reassessed in the context of an analysis of Wilkes’s collaboration with Charles Churchill on the North Briton and his political writings of the period, in particular his Introduction to the History of England (1768). Furthermore, Wilkes enjoyed extensive and prolonged contact with the leading continental philosophers of the period, and in particular d’Holbach, Diderot, Suard, Helvétius, and Chastellux, which …

Compelled Statements From Police Officers And Garrity Immunity, Steven D. Clymer

Cornell Law Faculty Publications

In this Article, Professor Steven Clymer describes the problem created when police departments require officers suspected of misconduct to answer internal affairs investigators' questions or face job termination. Relying on the Supreme Court's decision in Garrity v. New Jersey, courts treat such compelled statements as immunized testimony. That treatment not only renders such a statement inadmissible in a criminal prosecution of the suspect police officer, it also may require the prosecution to shoulder the daunting and sometimes insurmountable burden of demonstrating that its physical evidence, witness testimony, and strategic decisionmaking are untainted by the statement. Because police internal affairs …

Don't Fear Carnivore: It Won't Devour Individual Privacy, Thomas R. Mccarthy

Missouri Law Review

This Article examines the FBI's use of the Carnivore program and it's implication on online privacy.

Nearly Forgotten Supervisory Power: The Wrench To Retaining The Miranda Warnings, The, Nathan E. Ross

Missouri Law Review

This Comment addresses the supervisory power generally, and it specifically focuses on how the existence of the Court’s supervisory power jurisprudence created a conundrum for the Rehnquist Court’s attempt to preserve the Miranda warnings. Part II traces the history and development of the supervisory power as an independent basis for decision and the alleged sources of this power. Part III analyzes the Court’s decision in Dickerson v. United States, including Justice Scalia’s dissent, within the context of Miranda and Section 3501. Finally, Part IV discusses why the Court chose to constitutionalize the Miranda warnings, instead of invoking it supervisory power, …

Regulation Fd: Leveling The Playing Field For Some But Not For Others, Patrick T. Morgan

Missouri Law Review

This Law Summary will review the SEC’s vision of itself as the investor’s protector. In so doing, this Law Summary considers the workings of the capital markets, the price of information, and the vital role of selective disclosure. Next, this Law Summary outlines the SEC’s previous attempts to regulate selective disclosure. A presentation of Regulation Fair Disclosure follows with a focus on its more salient points for corporate counsel. Finally, the Law Summary concludes with a commentary that is generally skeptical of Regulation Fair Disclosure’s actual results.

Crime Of Dispassion: Eighth Circuit (Mis)Applies Deshaney In Failing To Hold State Employees Accountable To The Children They Protect, Bryan R. Berry

Missouri Law Review

This Note reviews the legal landscape of Fourteenth Amendment substantive due process theory promulgated by the Supreme Court and discusses the importance of the landmark decision in DeShaney v. Winnebago County Department of Social Services in that context. Next, this Note discusses the treatment of DeShaney by the circuit courts, focusing on two exceptions to DeShaney’s analysis that have been carved out by many courts. This Note then reviews the decision in McMullen, and argues that the court of appeals improperly applied DeShaney to the facts in McMullen and that, in any event, DeShaney is an unfortunate extension of an …

Antitrust Decisions And Legislative Intent, David F. Shores

Missouri Law Review

While recent decisions leave no doubt that the Court has revised its view concerning the purpose or goals of the antitrust laws, exactly when the revisionist period began is less clear. Continental T.V., Inc. v. GTE Sylvania Inc., was decided in the 1976-77 term. In overruling its decision in United States v. Arnold Schwinn & Co., decided just ten years earlier, the Court relied heavily on the writing of Robert Bork. Bock since has become the leading advocate for the new antitrust thinking. The 1976-77 Supreme court term seems to be a reasonable point of departure. Thus, the article will …