Law Commons^™

The Sound Of Dust Settling: A Response To Residual Criticisms Of The Uma, Richard C. Reuben

Faculty Publications

The Uniform Mediation Act has gone to the states for consideration after about five years of research, drafting, and vetting, and ultimately, overwhelming support by the American Bar Association, the National Conference of Commissioners on Uniform State Laws, most major dispute resolution professional organizations and service providers, and many if not most leading dispute scholars. Despite this support, concerns about the UMA still continue to echo from its drafting. Professor Brian Shannon's criticisms largely echo these discussions, and in this article I seek to respond to some of them - after first extending my greatest appreciation to Professor Shannon for …

Discussing The First Amendment , Christina E. Wells

Faculty Publications

Despite its many good qualities, Eternally Vigilant nevertheless suffers from a flaw common to First Amendment scholarship--a tendency to give short shrift to study of the social, psychological, historical, and political factors that influence the Court's decision making and, thus, free speech doctrine. Discussion including these influences would facilitate an even greater understanding of free speech doctrine and the principles that underlie it.

Supreme Court's 2002 Term Employment Law Cases: Is This Justice Scalia's Court?, Rafael Gely

Faculty Publications

In a recent article,' Erwin Chemerinsky argues that the Supreme Court's constitutional law decisions of the 2002 Term "cannot be explained by any overarching theory or underlying set of interpretative principles." Instead, he argues, "constitutional law is all about value choices made by the Justices." Professor Chemerinsky also argues that given the current composition of the Court, "it is the value choices of the middle" - Justice O'Connor and Justice Kennedy - that matter the most. Professor Chemerinsky ends his article with the assertion that "[f]or better or worse, this really is the O'Connor Court." In reviewing the cases decided …

Cooperation And Accountability After The Feeney Amendment, Michael M. O'Hear

Faculty Publications

No abstract provided.

“This Germ Of Rottedness”: Federal Trials In The New Republic, 1789-1807, Daniel D. Blinka

Faculty Publications

No abstract provided.

An Assessment Of Medicaid Planning, Alison Barnes

Faculty Publications

No abstract provided.

Statutory Interpretation And Direct Democracy: Lessons From The Drug Treatment Initiatives, Michael M. O'Hear

Faculty Publications

No abstract provided.

Trial By Jury On The Eve Of Revolution: The Virginia Experience, Daniel D. Blinka

Faculty Publications

No abstract provided.

When Would It Violate Public Policy To Require A Party To Arbitrate A Rico Claim?, Jay E. Grenig

Faculty Publications

No abstract provided.

Does The Participation Of A Non-Article Iii Judge Render A Circuit Court Panel's Judgment Invalid?, Jay E. Grenig

Faculty Publications

No abstract provided.

Should A Disability Benefits Claimant Be Allowed To Show That Her Previous Occupation Is Obsolete?, Jay E. Grenig

Faculty Publications

No abstract provided.

Must The Independent Counsel's Office Disclose Photographs Of Vincent Foster's Body?, Jay E. Grenig

Faculty Publications

No abstract provided.

Does The Contract Disputes Act Apply To Contracts Between The National Park Service And Private Concessioners?, Ralph C. Anzivino

Faculty Publications

No abstract provided.

Secrecy In Settlements: A Counterpoint, Melissa L. Greipp, J. Ric Gass, Thomas K. Mullins

Faculty Publications

No abstract provided.

Experienced Director, New Job: Some Tips To Aid The Transition, Patricia A. Cervenka

Faculty Publications

No abstract provided.

Mr. District Attorney: The Prosecutor During The Golden Age Of Radio, David Ray Papke

Faculty Publications

No abstract provided.

The Charitable Contribution Deduction: A Historical Review And A Look To The Future, Vada Waters Lindsey

Faculty Publications

No abstract provided.

The Supreme Court Sets The Standard: Drug Testing At The Interscholastic Level, Paul M. Anderson

Faculty Publications

No abstract provided.

Do Owners Have A Fair Chance Of Prevailing Under The Ad Hoc Regulatory Takings Test Of Penn Central Transportation Company?, F. Patrick Hubbard

Faculty Publications

No abstract provided.

Forfeiture By Wrongdoing And Those Who Acquiesce In Witness Intimidation: A Reach Exceeding Its Grasp And Other Problems With Federal Rule Of Evidence 804(B)(6), James F. Flanagan

Faculty Publications

This article is the first comprehensive and critical analysis of the new exception to the hearsay rule that permits prosecutors to admit hearsay statements of absent witnesses when the defendant causes their unavailability at trial. The article develops the problems with the rule's overbroad language, its potential to admit unreliable hearsay and its relationship to the Confrontation Clause. These issues are of increasing interest to lawyers, judges and justices now that it is a federal rule and been adopted by ten states.

The first section is a comprehensive statement of the rule as now applied. The exception is traced from …

A New Framework For Law Firm Discipline, Elizabeth Chambliss, David B. Wilkins

Faculty Publications

No abstract provided.

A Decade Of Daubert, David G. Owen

Faculty Publications

No abstract provided.

Escape From New York: Analyzing The State's Relative Interests In Proscribing The Withdrawal Of Life Support And Physician-Assisted Suicide, Colin Miller

Faculty Publications

This Note argues that states cannot consistently prohibit physician assisted suicide for terminally ill patients while they continue to allow the withdrawal of life support for even non-terminal patients. All of the state interests identified by the Supreme Court in rejecting a right to assisted suicide are implicated to a higher degree by withdrawal of life support. The primary reason for this difference is that withdrawal of life support often involves incompetent patients and surrogate decision making while assisted suicide by definition requires a competent patient choosing to hasten her death.

Is Civil Authority Business Interruption Coverage A Soft Risk In The Post-9/11 World, Robert H. Jerry Ii

Faculty Publications

Tthe question whether 9/11 has changed the insurance world cannot be answered simply In some respects, nothing is different, but it is difficult to be sanguine about this assessment. Terrorism is less predictable in terms of magnitude and frequency of loss, and this raises doubts about the capacity of the industry with respect to future events. Until the uncertainty with respect to the terrorism risk abates and markets stabilize, problems of cost and availability will persist. This, of course, has been true in other insurance sectors in the past, and temporary dislocations do not necessarily justify government intervention. If, however, …

Federal Preemption Of Products Liability Claims, David G. Owen

Faculty Publications

No abstract provided.

A Death By Any Other Name: The Federal Government's Inconsistent Treatment Of Drugs Used In Lethal Injections And Physician-Assisted Suicide, Colin Miller

Faculty Publications

No abstract provided.

Hostile Environment Actions, Title Vii, And The Ada: The Limits Of The Copy-And-Paste Function, Lisa A. Eichhorn

Faculty Publications

Two federal circuits, borrowing from Title VII jurisprudence, recently recognized a cause of action for a disability-based hostile environment under the Americans with Disabilities Act (ADA). Neither opinion, however, considered how the analysis of a disability-based hostile environment claim under the ADA might differ from that of a race- or sex-based hostile environment claim under Title VII. This Article examines the differing theories of equality underlying the two statutes and argues that, because the statutes prohibit discrimination in fundamentally different ways, courts must resist the temptation to copy and paste Title VII doctrine into ADA hostile environment opinions. This Article …

Cheap Drugs At What Price To Innovation: Does The Compulsory Licensing Of Pharmaceuticals Hurt Innovaton?, Colleen V. Chien

Faculty Publications

The patent system is built on the premise that patents provide an incentive for innovation by offering a limited monopoly to patentees. The inverse assumption that removing patent protection will hurt innovation has largely prevented the widespread use of compulsory licensing-the practice of allowing third parties to use patented inventions without patentee permission. In this Article, I empirically test this assumption. I compare rates of patenting and other measures of inventive activity before and after six compulsory licenses over drug patents issued in the 1980s and 1990s. As reported below, observe no uniform decline in innovation by companies affected by …

Reflections On The Myth Of Icarus In The Age Of Information, Allen S. Hammond Iv

Faculty Publications

It is economics, policy, law, and indeed, for some, religion that advanced information technology should be eventually accessible to the masses. To this end, the federal and state governments are establishing goals and guidelines for advanced information technology's equitable deployment. Chief among the governments' intended beneficiaries are our children, Generations X,Y, Z, and beyond. The explicit expectation, however, is that every individual and group in our society would benefit from such deployment.

Efficiencies in the computer augmented generation, embedded in the processing and storing of information are expected to enhance education, commerce, the economy, political discourse, individual self actualization, and …

Human Rights - Transnational Abductions - Extraterritorial Application Of International Covenant On Civil And Political Rights - Non-Self-Executing Treaties: United States V. Duarte-Acero, 296 F. 3d 1277, Cert. Denied, 123 S. Ct. 573, David Sloss

Faculty Publications

No abstract provided.