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Supreme Court Answers David W. Opderbeck's Article, An Economic Perspective On Product Configuration Trade Dress., George Cortelyou

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Toward Guidelines For Merger Remedies, Albert A. Foer

Case Western Reserve Law Review

No abstract provided.

U.S. Wetlands Policy, Legislation, And Case Law As Applied To The Wise Use Concept Of The Ramsar Convention, Michael J. Podolsky

Case Western Reserve Law Review

No abstract provided.

Volume 52 Issue 1 (2001), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

Intellectual Property And Antitrust: Steps Toward Striking A Balance, James Langenfeld

Case Western Reserve Law Review

No abstract provided.

Free Speech And The Limits Of Legislative Discretion: The Example Of Specialty License Plates, Leslie Gielow Jacobs

McGeorge School of Law Scholarly Articles

No abstract provided.

Biotechnology: Some Issues Of General International Law, Stephen Mccaffrey

Global Business & Development Law Journal

No abstract provided.

Book Review Liability For Environmental Damage And The World Bank's Chad-Cameroon Oil And Pipeline Project Serge A. Bronkhorst, Ed., Netherlands Committee For Iucn, Amsterdam, July 2000. Pp. 1-128., Stephen Mccaffrey

Global Business & Development Law Journal

No abstract provided.

The Sporting Approach To Harmless Error: The Supreme Court's "No Harm, No Foul" Debacle In Neder V. United States, Linda Carter

McGeorge School of Law Scholarly Articles

No abstract provided.

Teaching Law By Design: How Learning Theory And Instructional Design Can Inform And Reform Law Teaching, Michael Hunter Schwartz

McGeorge School of Law Scholarly Articles

No abstract provided.

Biotechnology: Some Issues Of General International Law, Stephen Mccaffrey

McGeorge School of Law Scholarly Articles

No abstract provided.

Sandra Day O'Connor: A Justice Who Has Made A Difference In Constitutional Law, Charles D. Kelso, R. Randall Kelso

McGeorge School of Law Scholarly Articles

No abstract provided.

Foreign Law Year In Review: 2001, Roger P. Alford

Journal Articles

Contents

• Introduction

Moving Toward A First-Best World: Minnesota's Position On Multiethnic Adoptions, Margaret F. Brinig

Journal Articles

The best world allows a child to grow to adulthood with biological parents, or at least one parent, who love the child unconditionally and who have resources to support the child. A second-best world allows the child to permanently and completely become part of an extended family that loves him or her and has the resources for supporting and meeting the child's needs. Hopefully this process costs little in terms of time or emotional or physical harm to the child. In traditional third-party adoptions, the child permanently moves and becomes part of (hopefully, at low cost) a family that will …

Editorial Introduction, Gerard V. Bradley, John M. Finnis

Journal Articles

This Article is a forward to nine articles from the 2001 Symposium on Natural Law and Human Fulfillment, held at Notre Dame Law School. The Symposium was held to mark the 35th anniversary of the publication of Germain Grisez's "The First Principle of Practical Reason: A Commentary on the Summa Theologiae."

A Tribute To Andrew W. Mcthenia, Jr., Thomas L. Shaffer

Journal Articles

Uncas picked up a five-letter name when he was a boarding school student in Orange, Virginia. By now, it is the way his friends and colleagues, his students and his clients, his wife and his children and his neighbors, identify him. It works throughout the United States and in Canada. I would not be surprised to see it work in, say, the offices of the European Union in Salzburg or in the former Soviet Union. (It occurs to me that this universal name for Andrew W. McThenia, Jr., a name his boarding-school classmates borrowed from James Fenimore Cooper, shares brevity …

Choice And Boundary Problems In Logerquist, Hummert, And Kumho Tire, David H. Kaye

Faculty Scholarship

This article, part of a symposium on the opinion of the Arizona Supreme Court in Logerquist v. McVey, questions that court’s rationales for refusing to apply heightened scrutiny to psychiatric testimony about the retrieval of repressed memories. It also challenges the court’s use of a “personal observations” exception to the heightened scrutiny standard of Frye v. United States. It proposes that a better solution to problems of scientific and expert evidence would be to adopt a sliding scale that attends to the use to which the evidence is put and the degree to which it has been shown to be …

Change Of Control Board: Federal Preemption Of The Law Governing A Target's Directors, Samuel C. Thompson Jr.

Faculty Scholarship

This article sets out a proposed federal uniform standard governing the actions by the board of directors of a publicly held corporation that is the target of a change of control transaction. This proposal would apply in each of the following four merger and acquisition transactions: (1) the acquisition of a target in an arm's-length negotiated merger or acquisition; (2) the acquisition of a target in a management buyout; (3) the proposed acquisition of a target in a hostile tender offer; and (4) the acquisition by a target's controlling shareholder of the minority interests in such target in a freezeout …

Using Our Words To Let In The World: A Tribute To Peter Cicchino And The Art Of Speaking Out, Julia Gordon

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Subtracting Race From The "Reasonable Calculus": An End To Racial Profiling? United States V. Montero-Camargo 208 F.3d 1122 (9th Cir. 2000) Cert. Denied Sub Nom, Elisabeth R. Calcaterra, Natalie G. Mitchell

Michigan Journal of Race and Law

This Case Note presents the facts of Montero-Camargo, describes the decision of the Ninth Circuit Court in historical context, and analyzes the effect of the Court's holding. The Case Note argues that while the Ninth Circuit's decision to prohibit the use of race as a factor in determining the reasonableness calculus in traffic stops is progressive in spirit, implementing the decision will be difficult. Thus far, mechanisms designed to limit officers' use of race in traffic stops have been ineffective and have left victims with little recourse, resulting in a disproportionate number of innocent African American and Latino drivers …

Striking A Sincere Balance: A Reasonable Black Person Standard For "Location Plus Evasion" Terry Stops, Mia Carpiniello

Michigan Journal of Race and Law

Randall Susskind originally proposed the "reasonable African American standard” for Terry stops as a way to minimize racial disparities in Fourth Amendment jurisprudence. This paper will expand upon Susskind's suggested standard within the specific context of "location plus evasion" stops, in which suspects are stopped upon flight in a high-crime neighborhood. Part one will present the reasonable Black person standard in the context of Illinois v. Wardlow, a recent "location plus evasion case." Part one will then show how this alternative standard better accounts for Wardlow's "raced" decision to flee, the police officers' "raced" decision to stop him, and …

The Profiling Of Threat Versus The Threat Of Profiling, Frank H. Wu

Michigan Journal of Race and Law

This speech covers three points. First, a brief summary of the failed federal criminal prosecution of Wen Ho Lee is given. Second, Wu talks about the racial profiling used in this case. Third, Wu talks about the possibilites for Asian Americans and other racial minorities to engage in principled activism to overcome these unfortunate trends.

To Peter Cicchino, From The Heart, Richard E. Blum

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Reason, Justice And Love: The Constitutional Humanism Of Peter Cicchino, Jamin B. Raskin

American University Journal of Gender, Social Policy & the Law

No abstract provided.

A Social-Democratic Critique Of Pro Bono Publico Representation Of The Poor: The Good As The Enemy Of The Best, Rob Atkinson

American University Journal of Gender, Social Policy & the Law

No abstract provided.

United States V. Morrison 529 U.S. 598 (2000), Ambre Howard

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Has The Supreme Court Gone Too Far?: An Analysis Of University Of Alabama V. Garrett And Its Impact On People With Disabilities , Jaclyn L. Okin

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Occasional Publications Of The Bounds Law Library, Number Two: Wade Keyes' Introductory Lecture To The Montgomery Law School: Legal Education In Mid-Nineteenth Century Alabama, David I. Durham, Paul M. Pruitt Jr., Wade Keyes

Occasional Publications of the Bounds Law Library

Occasional Publications of the Bounds Law Library, Number Two contains a biography of Wade Keyes (1821-1979) - Alabama chancellor, scholar, and teacher, a brief history of the Montgomery Law School, and the lecture given by Keyes in March 1860 to the Montgomery Law School class on their first day. Keyes' founded the Montgomery Law School as an expansion of his classes on property law, which he began teaching during his stint as Chancellor of the Southern Division of the Court of Chancery between 1853 and 1859. The school was incorporated into the University of Alabama in 1860.

From Difference To Dominance To Domesticity: Care As Work, Gender As Tradition, Joan C. Williams

Faculty Scholarship

No abstract provided.

Arbitration Of Truth-In-Lending-Act Claims, Marshall E. Tracht

Articles & Chapters

In recent years, it has become increasingly common for lenders to include arbitration clauses in their consumer financing agreements. While federal law strongly supports the enforceability of arbitration provisions, there are a number of grounds on which their enforceability can be, and has been, challenged.

This article summarizes the state of the law on a number of major issues which have arisen in the attempt to use arbitration clauses in consumer financing agreements, focusing on Truth-in-Lending Act claims, including an analysis of the Supreme Court's recent decision in Green Tree Financial Corp. v. Randolph.