Law Commons^™

In Search Of Coverage In Cyberspace: Why The Commercial General Liability Policy Fails To Insure Lost Or Corrupted Computer Data, Paula M. Yost, Paul E.B. Glad, William T. Barker

SMU Law Review

No abstract provided.

Appendix: Methodology - State And Federal Judge Surveys, Allen Pusey

SMU Law Review

No abstract provided.

Damage Awards In Perspective: Behind The Headline-Grabbing Awards In Exxon Valdez And Engle, Theodore Eisenberg

Cornell Law Faculty Publications

Large punitive damages awards in tobacco litigation, the Exxon Valdez oil spill case, and other cases dominate the public perceptions about damages. These large awards and the mass of compensatory awards can be best understood in relation to other awards. In fact, total awards in tried contract cases have risen faster than tort awards. In the highly visible world of large punitive damages awards, the Exxon Valdez award fits well within the traditional pattern of punitive awards. The largest punitive award, that against the tobacco industry in Engle, is best understood against the background of the tobacco industry's national …

Predicting The Future Of Employment Law: Reflecting Or Refracting Market Forces?, Stewart J. Schwab

Cornell Law Faculty Publications

In this Article I predict how employment law will change in the future. My task is positive rather than normative. I will not argue that the developments I foresee are good ones to be applauded. Rather, they arise "inevitably" from the way the law will react to changes in labor markets.

Of course, as Professor Ronald Dworkin emphasizes, in developing a theory of law one cannot sharply distinguish between the positive and normative. Dworkin points out that even in describing the current legal framework, one must choose what to highlight and what to ignore, a process based on values. When …

Integrating Indian Law Into A First Year Legal Writing Course, Barbara P. Blumenfeld

Faculty Scholarship

When the author designed the appellate problem for first-year law students, she chose Indian Law because the learning experience transcends subject-specificity. The author discusses how she designs the problem and introduces it to students, and notes reactions from students as they research and prepare their brief.

Television And Societal Effects: An Analysis Of Media Images Of African-Americans In Historical Context, Sherri L. Burr

Faculty Scholarship

This paper takes a historical approach to the depictions of African-Americans in television in the five decades since the 1950s and links those images to the changing roles and perceptions of African-Americans in society. Part I discusses the various television shows from the 1950s to the 1990s that featured African-Americans and have had a societal impact. Part II analyzes the chicken/egg relationship between networks and advertisers and asks whether television, given the economic forces affecting it, can be used as a force for change. Part III explores how these television images have affected foreigners and children. Television remains "without a …

A Career Choice Critique Of Legal Ethics Theory, Andrew M. Perlman

Suffolk University Law School Faculty Works

The article contends that legal ethics theory would benefit from incorporating an oft-overlooked reality of modern law practice: career choices often predetermine the clients that lawyers represent and the legal strategies that attorneys pursue. The problem with many existing ethics models is that they incorrectly assume that lawyers have sufficient autonomy to select their clients and legal strategies. In fact, most types of law practice place such significant restrictions on lawyers' freedom that career choices provide many attorneys with their main source of discretion. The article suggests that, in light of these client selection and strategy choice constraints, theorists need …

Renewable Bar Admission: A Template For Making "Professionalism" Real, Jayne W. Barnard

Faculty Publications

The citizens of this country should expect no less than the highest degree of professionalism when they have entrusted administration of the rule of law-one of the fundamental tenets upon which our society is based-to the legal profession. Re-examination was not originally required of medical specialists, but [the American Board of Medical Specialties] quickly recognized that a lifetime certification, even with required continuing education provided little incentive for doctors to keep up with new medical knowledge and techniques. Similarly, continuing [legal] education requirements alone are not sufficient to assure the integration of new law and procedure into a lawyer's practice. …

Safeguarding Juror Privacy: A New Framework For Court Policies And Procedures, Paula Hannaford-Agor

Faculty Publications

This article briefly discusses the difficulty courts face in balancing the privacy of citizens summoned for jury service with the rights of litigants and the public to information about those individuals. I propose that focusing on the content of the information re­quested of prospective jurors and the purposes for which juror infor­mation is used by courts provides a more helpful analysis than the legal framework traditionally employed in case law. Specifically, I argue that distinguishing between information that is relevant and information that is not relevant to the fairness or im­partiality of prospective jurors should be the primary analytical framework …

Carter, Reagan, And Khomeini: Presidential Transitions And International Law, Nancy Amoury Combs

Faculty Publications

No abstract provided.

Impeachment Defanged And Other Institutional Ramifications Of The Clinton Scandals, Michael J. Gerhardt

Faculty Publications

No abstract provided.

And Now A Word About Secular Humanism, Spirituality, And The Practice Of Justice And Conflict Resolution, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

The papers presented in this Dialogue raise very important and moving questions about the relationship of spirituality, moral values, and religion to the practice of law generally, and the practice of conflict resolution specifically. In this Commentary, I want to focus on two related questions: First, where do our moral values, spirituality, and sense of communion or connection come from? And second, how do values derived from various sources of secular humanism inform our practices? For some of us, organized religion is not the primary source of our commitment to the "moral" values that inform our legal and conflict resolution …

Of Judicial Supremacy And Academic Inadequacy, Scott C. Idleman

Faculty Publications

No abstract provided.

Allocution For Victims Of Economic Crimes, Jayne W. Barnard

Faculty Publications

No abstract provided.

If You Build It, They Will Come: Establishing Title Ix Compliance In Interscholastic Sports As A Foundation For Achieving Gender Equity, Amy Bauer

Publications

No abstract provided.

How Democratic Are Initiatives?, Richard B. Collins

Publications

No abstract provided.

Does Law And Literature Survive Lawyerland?, Sarah Krakoff

Publications

No abstract provided.

Unocal Revisited: No Tiger In The Tank, Mark J. Loewenstein

Publications

No abstract provided.

Tales Out Of School--Spillover Confessions And Against-Interest Statements Naming Others, Christopher B. Mueller

Publications

No abstract provided.

Undoing Indian Law One Case At A Time: Judicial Minimalism And Tribal Sovereignty, Sarah Krakoff

Publications

No abstract provided.

Conflating Scope Of Right With Standard Of Review: The Supreme Court's Strict Scrutiny Of Congressional Efforts To Enforce The Fourteenth Amendment, Melissa Hart

Publications

No abstract provided.

The Unsettling Of The West: How Indians Got The Best Water Rights, David H. Getches

Publications

No abstract provided.

Integration & Biocomplexity, Lakshman Guruswamy

Publications

Sustainable development (SD) is premised on the inescapable and integral role played by humans in shaping and impacting the natural world and has been recognized as a foundational norm of international environmental law and policy. Ecologicalism - an outlook that embraces a comprehensive approach to interdependent natural and human systems - provides the conceptual underpinnings for a creative and integrated environmental management philosophy for implementing SD. This Article argues that the daunting task of defining and applying such an integrated approach and philosophy to the multiple interacting changes affecting planetary life support systems can benefit from the U.S. experience in …

The Metamorphosis Of Western Water Policy: Have Federal Laws And Local Decisions Eclipsed The States’ Role?, David H. Getches

Publications

No abstract provided.

The Lawyerland Essays: Introduction, Pierre Schlag

Publications

No abstract provided.

Towards A Constitutional Architecture For Cooperative Federalism, Philip J. Weiser

Publications

In this Article, Professor Weiser calls for a new conception of federal-state relations to justify existing political practice under cooperative federalism regulatory programs. In particular, Professor Weiser highlights how Congress favors cooperative federalism programs--that combine federal and state authority in creative ways--and has rejected the dual federalism model of regulation--with separate spheres of state and federal authority that current judicial rhetoric often celebrates. Given the increasing dissonance between prevailing political practice and judicial rhetoric, courts will ultimately have to confront three fault lines for current cooperative federalism programs: the legal source of authority for state agencies to implement federal law, …

Beyond Indian Law: The Rehnquist Court’S Pursuit Of States’ Rights, Color-Blind Justice And Mainstream Values, David H. Getches

Publications

No abstract provided.

Rule Of Law And The Limits Of Sovereignty: The Private Prison In Jurisprudential Perspective, Ahmed A. White

Publications

No abstract provided.

Introducing Revised Article 9 Of The Uniform Commercial Code, John L. Mccabe, Arthur H. Travers

Publications

No abstract provided.

Jurisprudence Noire, Pierre Schlag

Publications

No abstract provided.