Law Commons^™

Advisory Committee On The Federal Rules Of Evidence: Tending To The Past And Pretending For The Future?, Paul R. Rice

UC Law Journal

This Article characterizes the history of the Advisory Committee on the Federal Rules of Evidence as disappointing. It argues that too often, over too long a period of time, the Advisory Committee has neglected its stewardship responsibilities and the blatant inadequacies of the codified evidence rules. As a consequence, significant problems have gone unattended as the Committee waits to see if the judges can solve the problems their rules have created.

The article notes that some concepts created in the codified evidence rules have proven to be problematic, if not completely inadequate, but there has been no willingness to re-examine …

Analyzing "The Politics Of (Evidence) Rulemaking", Eileen A. Scallen

UC Law Journal

The creation and interpretation of evidence rules is a burgeoning area for evidence scholarship. Recent changes to federal evidence law, such as the addition of rules on the admissibility of a defendant's prior sexual conduct, and the amendments to the rules regarding expert testimony, have highlighted the political and controversial aspects of procedural rulemaking. Professor Scallen, Chair of the Evidence Section of the American Association of Law Schools, was responsible for organizing the panel on "The Politics of [Evidence] Rulemaking." The panel addressed the following questions: who should make the evidence rules-the judiciary, the legislature, the executive? What role should …

Giving Codification A Second Chance--Testimonial Privileges And The Federal Rules Of Evidence, Kenneth S. Broun

UC Law Journal

The draft Federal Rules of Evidence proposed to Congress in 1972 contained a set of rules governing privileges. After a storm of protest over both the concept of codified federal privilege rules and the content of the drafted rules, Congress excluded the proposed privilege rules from its 1975 enactment of the Federal Rules of Evidence. It substituted current Rule 501, which provides for privileges to be governed by the state law of privilege in diversity cases and the "principles of the common law" in all other cases.

This Article traces the legislative history of the Federal Rules of Evidence with …

After Orange County: Reforming California Municipal Bankruptcy Law, Frederick Tung

UC Law Journal

Because of federal Constitutional concerns, a municipal entity may resort to federal bankruptcy protection only with the authorization of its state. Federal law requires that a municipality be "specifically authorized" under state law to file for bankruptcy protection. Existing California law provides fairly broad authorization for its municipalities, but the statute is in need of both technical and substantive revision. After discussing Constitutional concerns and surveying other states' approaches to municipal bankruptcy authorization, this Article recommends a system of discretionary access, in which the governor holds discretionary power to approve, disapprove, or condition a municipality's access to bankruptcy.

Intercollegiate Athletics: The Program Expansion Standard Under Title Ix's Policy Interpretation, Julia C. Lamber

Articles by Maurer Faculty

No abstract provided.

Keeping Cross-Examination Under Control, J. Alexander Tanford

Articles by Maurer Faculty

No abstract provided.

System And Lifeworld In Habermas's Theory Of Law, Hugh Baxter

Cardozo Law Review

Jürgen Habermas's recent work on law and democracy divides into two parts. With his "discourse theory of law and democracy," Habermas seeks to explain the conditions under which modern constitutional legal and political orders may claim legitimacy. Here Habermas's method is primarily philosophical and legal-theoretical. The second part of the project - the part on which this article focuses - develops what Habermas calls his "communication theory of society." Here Habermas seeks to "translate" the normative conclusions of his discourse theory into a substantive social-theoretical model. The idea is to determine whether the ambitious normative theory of democracy is plausible …

Employee Patents On Computer-Implemented Inventions: The Conundrum Of Separate Ownership Of Patent And Copyright, David Loretto

Cardozo Law Review

No abstract provided.

Thinking Like A Fox: Four Overlapping Domains Of Good Lawyering, Mark N. Aaronson

Faculty Scholarship

No abstract provided.

Getting To Survivance: An Essay About The Role Of Mythologies In Law, Jo Carrillo

Faculty Scholarship

No abstract provided.

The Constitutionality Of The Alien Tort Statute: Some Observations On Text And Context, William S. Dodge

Faculty Scholarship

No abstract provided.

Loewen V. United States: Trials And Errors Under Nafta Chapter Eleven, William S. Dodge

Faculty Scholarship

No abstract provided.

Consumption Taxes And The Theory Of General And Individual Taxation, Robin Feldman

Faculty Scholarship

No abstract provided.

The Lawyer-Negotiator As Mood Scientist: What We Know And Don't Know About How Mood Relates To Successful Negotiation, Clark Freshman, Adele Hayes, Greg Feldman

Faculty Scholarship

No abstract provided.

The Property Right In Water, Brian E. Gray

Faculty Scholarship

No abstract provided.

Mining Law Reform Redux, Once More, John D. Leshy

Faculty Scholarship

No abstract provided.

2002-2003 Juris Doctorate Candidates Of The School Of Law, University Of Alabama School Of Law

Juris Doctorate Candidates of the School of Law

No abstract provided.

Occasional Publications Of The Bounds Law Library, Number Three: The Private Life Of A New South Lawyer: Stephens Croom's 1875-1876 Journal, Cicero Stephens Croom, Paul M. Pruitt Jr., David I. Durham

Occasional Publications of the Bounds Law Library

Occasional Publications of the Bounds Law Library, Number Three contains a biographical and critical introduction to Stephens Croom (1839-1883) and the memoir/journal kept by Croom from 1875-1876. Cicero Stephens Croom was an attorney who lived and worked in Mobile, Alabama. His descriptions of the practice of law in Alabama state and federal courts and commentary of contentious issues shines a light on Alabama's legal history during one of the state's most difficult periods.

Fretting In The Force Fields: Why The Distribution Of Social Power Has Proved So Hard To Change, Joan C. Williams

Faculty Scholarship

No abstract provided.

Canaries In The Mine: Work/Family Conflict And The Law, Joan C. Williams

Faculty Scholarship

No abstract provided.

The Family-Hostile Corporation, Joan C. Williams

Faculty Scholarship

No abstract provided.

Educating And Training Of Lawyers In Japan: A Critical Analysis, Setsuo Miyazawa

Faculty Scholarship

No abstract provided.

The Settlement Of Nazi-Era Litigation Through The Executive And Judicial Branches, Morris A. Ratner

Faculty Scholarship

No abstract provided.

Some Realism About Comparativism: Comparative Law Teaching In The Hegemonic Jurisdiction, Ugo Mattei

Faculty Scholarship

No abstract provided.

International Labor Standards In The Wto's New World Order: Towards Development-Based Standard Setting, Carlin Meyer

Articles & Chapters

No abstract provided.

The New Deal ‘Constitutional Revolution’ As An Historical Problem, Edward A. Purcell Jr.

Articles & Chapters

No abstract provided.

Interpreting Indentures: How Disequilibrium Economics And Financial Asset Specificity Support Narrow Interpretation, Houman B. Shadab

Articles & Chapters

No abstract provided.

The Proper Treatment Of "Interpretative Choice" In Statutory Decision-Making, Michael B.W. Sinclair

Articles & Chapters

No abstract provided.

Breaking Bureaucratic Borders: A Necessary Step Toward Immigration Law Reform., Lenni B. Benson

Articles & Chapters

No abstract provided.

The Asbestos Case And Dispute Settlement In The World Trade Organization: The Uneasy Relationship Between Panels And The Appellate Body, Sydney M. Cone Iii.

Articles & Chapters

This article deals with dispute settlement in the World Trade Organization (WTO) and, in particular, with the relationship between panels and the Appellate Body. Its point of departure is the Asbestos case initially decided by a WTO panel in September 2000 and, on appeal, by the WTO Appellate Body in March 2001.