Law Commons^™

Oct. 3 -4, 2004, Agenda, Cso Strategy Session On Ifc Safeguard Review Process With Dhunter Margin Notes, Ifc

IFC E&S Performance Standards

No abstract provided.

The Disloyalty Of Stock And Stock Option Compensation,, Calvin H. Johnson

Connecticut Insurance Law Journal

No abstract provided.

Journal Staff

Duke Journal of Comparative & International Law

No abstract provided.

Table Of Contents - Issue 3, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.

Foreword, Micah Thorner

Chicago-Kent Law Review

No abstract provided.

Pernicious Ambiguity In Contracts And Statutes, Lawrence M. Solan

Chicago-Kent Law Review

This Article explores pernicious ambiguity, an interpretive problem that is not adequately acknowledged by the legal system. Pernicious ambiguity occurs when the various actors involved in a dispute all believe a text to be clear, but assign different meanings to it. Depending upon how the legal system handles this situation, a case with pernicious ambiguity can easily become a crapshoot. If the judge does not take heed of the competing interpretations as reflecting a lack of clarity, and if that judge happens to understand the document in a way helpful to a particular party, that party wins. Because the document …

Did Clinton Lie?: Defining "Sexual Relations", Peter Tiersma

Chicago-Kent Law Review

With the impeachment proceedings against President Clinton now well behind us, we can step back and consider the matter somewhat more dispassionately. The focus of the impeachment hearings was that Clinton perjured himself and engaged in obstruction of justice. I limit my observations to the question of whether he committed perjury, and in particular, whether he lied when he denied having a sexual relationship with a White House intern, Monica Lewinsky.

When Clinton was first asked during a deposition whether he had ever had an "affair" or "sexual relationship" with Lewinsky, he quite explicitly denied it. He was asked about …

Authority Heuristics, David J. Gerber

Chicago-Kent Law Review

This Article examines a characteristic of legal language that leads to unexpected and potentially harmful distortions of legal knowledge. It describes how authority heuristics distort knowledge about law in foreign legal systems. The concept of authority heuristics refers to assumptions about authority that are imbedded in cognition. The Article argues that where a legal professional in one system relies on authoritative language in another legal system, she is likely to apply authority heuristics from her own system and to that extent misinterpret information that she receives from the foreign system. The same language that provides valuable information when used by …

Fear Assessment: Cost-Benefit Analysis And The Pricing Of Fear And Anxiety, Matthew D. Adler

Chicago-Kent Law Review

Risk assessment is now a common feature of regulatory practice, but fear assessment is not. In particular, environmental, health and safety agencies such as EPA, FDA, OSHA, NHTSA, and CPSC, commonly count death, illness, and injury as costs for purposes of cost-benefit analysis, but almost never incorporate fear, anxiety, or other welfare-reducing mental states into the analysis. This is puzzling, since fear and anxiety are welfare setbacks, and since the very hazards regulated by these agencies-air or water pollutants, toxic waste dumps, food additives and contaminants, workplace toxins and safety threats, automobiles, dangerous consumer products, radiation, and so on-are often …

What's Wrong With Harmless Theories Of Punishment, Kenworthey Bilz, John M. Darley

Chicago-Kent Law Review

We maintain that conventional punishment theories obscure what is virtually always at the heart of punishment policy debates: harm. Namely, punishment policy disputes reflect contested views about what the harms inflicted by crime are as an empirical matter, and whether these harms ought to be acknowledged by the criminal justice regime as a normative matter. We argue that in order to know who, what, and how much to punish, one must take a position about what the harms of crime actually are. However, conventional punishment theories are mute on this question. When they supply an answer, it is because they …

A Mosquito In The Ointment: Adverse Hipaa Implications For Health-Related Remote Sensing Research And A "Reasonable" Solution, Paul M. Secunda

Faculty Publications

No abstract provided.

Questioning Deference, Christina E. Wells

Faculty Publications

This article examines the accepted axiom that courts should defer to the government's actions during national security crises even when such actions potentially violate citizens' constitutional rights. The paper questions two assumptions underlying that axiom - first, that executive officials are best equipped to determine when security needs justify liberty infringements and, second, that judges are particularly unqualified to meddle in security issues, even when civil liberties are involved. Relying on psychological theories regarding the role that fear plays in skewing risk assessment and historical analyses of past crises, the paper argues that times of crisis lend themselves to unnecessary …

Two Mistakes Behavioralists Make: A Reply To Professor Feigenson Et Al. And Professor Slovic, Thom Lambert

Faculty Publications

First, the growing catalog of cognitive quirks may lead behavioralists to hastily adopt “non-rational” explanations for otherwise rational behavior. Second, because their evidence seems to undermine the rationality assumption of Chicago school law and economics, behavioralists may improperly assume that their work also undermines that school's default policy prescription--i.e., laissez faire. Consequently, they may advocate inappropriately paternalistic government policies.

Common Knowledge, Communication, And Public Reason, Bruce Chapman

Chicago-Kent Law Review

In this Article I explain why game theory has been so unsuccessful in accounting for the role of language in social interaction. I begin by exploring some of its most basic difficulties in this respect, in games of pure coordination, and trace these difficulties back to the most fundamental organizing concepts in the theory of games, namely, Nash equilibrium and common knowledge of rationality. Nash thinkers and Nash actors, I argue, are doomed to have very impoverished conversations as Nash talkers. The sorts of conversations they will have will leave them paralyzed in games of pure coordination and largely uncooperative …

The Coiled Serpent Of Argument: Reason, Authority, And Law In A Talmudic Tale, David Luban

Chicago-Kent Law Review

Perhaps the best-known story in the Talmud is the tale of the Oven of Akhnai, in which Rabbi Eliezer performs miracles to prove a contested point of law, while the other rabbis in the court reply that even a divine voice cannot overturn the vote of the majority. The surprising twists in the story raise complex issues about the nature of authority and legal objectivity, the coerciveness of logic, the political character of courts, and the ethics of argument. This Article offers several readings of the Oven of Akhnai and explores its relevance to contemporary legal theory.

The Anti-Competitive Effects And Antitrust Implications Of Category Management And Category Captains Of Consumer Products, Leo S. Carameli Jr.

Chicago-Kent Law Review

Just how do grocery stores choose what products to carry? They ask the manufacturer, of course. This Note discusses supermarket implementation of Category Management through the use of Category Captains. Category Management is a methodology by which firms can make educated decisions as to the appropriate assortment of products to carry, and the proper means to shelve, price, and promote those products. A Category Captain is a single preferred manufacturer selected by a retailer to perform Category Management work for its own and its competitors' products. This Note discusses how certain implementations of the retailer-Category Captain relationship may be anticompetitive …

A Brief Exploration Of Space: Some Observations On Law School Architecture, Robert H. Jerry Ii

Faculty Publications

The costs and benefits of some architectural choices are immediately obvious, as in the case of disability accommodations. But other choices are less obvious, even when one does not attempt to predict how a design will function thirty or forty years hence. This is why having a skilled design team involved in developing the plan and executing it is so important.

Current Issues In The Enforcement Of International Arbitration Awards, Joseph E. Neuhaus

University of Miami Inter-American Law Review

No abstract provided.

The Recent Wave Of Arbitrations Against Argentina Under Bilateral Investment Treaties: Background And Principal Legal Issues, Paolo Di Rosa

University of Miami Inter-American Law Review

No abstract provided.

United States Regulation Of Canadian Securities Attorneys Under Sarbanes-Oxley: Exploring Costs And Finding An Optimal Allocation Of Authority, Lauren M. Harper

University of Miami Inter-American Law Review

No abstract provided.

Returning The Language Of Fairness To Equal Protection: Justice Ruth Bader Ginsburg's Affirmative Action Jurisprudence In Grutter And Gratz And Beyond Celebrating The Jurisprudence Of Justice Ruth Bader Ginsburg, Shira Galinsky

City University of New York Law Review

No abstract provided.

How Like A Winter? The Plight Of Absent Class Members Denied Adequate Representation, Susan P. Koniak

Faculty Scholarship

Class actions assume absent class members. ² Notices in class actions tell class members that they need not show up in the courthouse, although they may if they choose.³ Class members are told that class counsel and the named class representatives will look out for them, although if they choose to hire their own lawyer, she may appear on their behalf.⁴ They are also routinely told that once the decision in the class action becomes final they will be bound by it, losing any and all right to protest the resolution of their claims by the class action …

Bridge To The Past: Kenneth Konop '29, '31 J.D., University Of Notre Dame Law School

1923–1941: Thomas F. Konop

Kenneth Konop, son of Dean Thomas Konop (1923–1941) and University of Notre Dame alumnus 1923, 1931 J.D., shares his memories with Dean Patricia O'Hara (1999–2009).

Duress Is Not A Justification, Kyron J. Huigens

Articles

No abstract provided.

Governing By Negotiation: The Internet Naming System, Tamar Frankel

Faculty Scholarship

This Article is about the governance of the Internet naming system. The subject is fascinating, not simply because the naming system is an important system affecting the Internet, although it is; and not because the Internet is important, although it is. The subject is fascinating because it offers a rare opportunity to examine and learn from the evolution of an incoherent governance structure. The naming system is special in that it is the product of a new technology; it reflects the changes and pressures brought by the new technology, and involves the interests of government and private entities, domestic and …

Table Of Contents

The Journal of Law and Education

No abstract provided.

Reconciling Copyright Ownership Policies For Faculty-Authors In Distance Education, Andrea L. Johnson

The Journal of Law and Education

No abstract provided.

Room For Play In The Joints - Locke V. Davey, Martha Mccarthy

The Journal of Law and Education

No abstract provided.

At The Intersection Of Law And Pyschometrics: Explaining The Validity Clause Of No Child Left Behind, Benjamin Michael Superfine

The Journal of Law and Education

No abstract provided.

Supreme Court Decisions Recent Developments In The Law

The Journal of Law and Education

No abstract provided.