Law Commons^™

Complex Litigation: Key Findings From The California Pilot Program, Paula Hannaford-Agor

Popular Media

The California Judicial Council initiated its Complex Civil Litigation Pilot Program to address concerns raised by business litigants about the time and expense needed to resolve complex cases, the consistency of decision making, and perceptions that the substantive law governing commercial transactions was becoming increasingly incoherent. Two issues in particular were highlighted as problematic. The first was the use of a master calendar system that diffused judicial decision making and accountability for efficient case management. The second was excessive reliance on, and insufficient judicial oversight of, referees and special masters appointed to manage complex litigation.

In a three-year evaluation of …

Good Guys And Bad Guys: Punishing Character, Equality And The Irrelevance Of Moral Character To Criminal Punishment, Ekow Yankah

Articles

No abstract provided.

The Immense Rumor, Peter Goodrich

Articles

The article explores the intersection of friendship and law, particularly through the lens of Jacques Derrida's theory, which posits that the concept of friendship is inherently paradoxical and shaped by legal and theological frameworks. Derrida argues that the "immense rumor" of friendship reflects a historical inability to articulate amity publicly, leading to a repression of friendship in the public sphere. This repression is rooted in the humanist tradition, which draws from Graeco-Roman and Judeo-Christian influences, emphasizing the primacy of political or communal bonds over individual friendships. The analysis reveals that legal discourses have imposed prohibitions on the role of friendship, …

Lo Stato Di Diritto E La Legittimità Della Democrazia Costituzionale, Michel Rosenfeld

Articles

No abstract provided.

Grutter V. Bollinger: This Generation's Brown V. Board Of Education, Michelle Adams

Articles

At first blush, Grutter appears to be a deviation from the body of the Court's recent affirmative action jurisprudence: it says "yes" where the other cases said "no." But it is not so clear that Grutter is a deviation from current law. Instead, it might be seen as consistent with it, in that the justification for the racial preference recognized in Grutter transcended the justifications offered in the previous cases, and the method used to achieve that end, "race as a factor," diffused rather than highlighted race. From this perspective, Grutter addressed several concerns that had troubled the Court for …

Lawrence And Garner: The Love (Or At Least Sexual Attraction) That Finally Dared Speak Its Name, Paris R. Baldacci

Articles

No abstract provided.

Whistling In The Dark? Corporate Fraud, Whistleblowers, And The Implications Of The Sarbanes-Oxley Act For Employment Law, Miriam A. Cherry

Faculty Publications

Passed in 2002 in the wake of the accounting scandals that resulted in billions of dollars of lost value to shareholders, the Sarbanes-Oxley Act has as its major goal the prevention of corporate corruption. This Article analyzes the impact of section 806, the portion of the Sarbanes-Oxlcy Act that provides protections for employees who report securities fraud, and describes the effect that Sarbanes-Oxley has on existing employment law. In addition, this Article contributes to the debate over the general effectiveness of the .Sarbanes-Oxley Act, a topic of contention among both academics and press commentators. This Article argues that the Act …

Sec Enforcement Of Attorney Up-The-Ladder Reporting Rules: An Analysis Of Institutional Contraints, Norms, And Biases, Michael A. Perino

Faculty Publications

In their paper and in their earlier comments to the SEC on the proposed attorney reporting rules, Professors Cramton, Cohen and Koniak do an excellent job recounting the genesis of the attorney reporting requirements in the Sarbanes-Oxley Act, describing the SEC's proposed and final rules and critiquing the rule's triggering mechanism and now apparently shelved noisy withdrawal requirement. Their case study of the recent Spiegel, Inc. independent examiner's report is a particularly useful vehicle for examining the practical implications of the SEC's policy and drafting choices. Although I was a member of a committee that submitted comments opposed to noisy …

International Decision: United States--Continued Dumping And Subsidy Offset Act Of 2000, Mark L. Movsesian

Faculty Publications

This brief article is a report of an international decision of the World Trade Organization Appellate Body on January 16, 2003, concerning the United States’ Continued Dumping and Subsidy Offset Act of 2000 (WT/DS217 & 234/AB/R). Eleven WTO members—Australia, Brazil, Canada, Chile, the European Communities, India, Indonesia, Japan, Korea, Mexico, and Thailand—filed a challenge to the Byrd Amendment in the summer of 2001. A WTO dispute settlement panel, agreeing with the complaining parties, made two major findings. First, the panel concluded that the Byrd Amendment constitutes an impermissible specific action against dumping and subsidization under the Antidumping and SCM Agreements. …

Against Global Governance In The Wto, John O. Mcginnis, Mark L. Movsesian

Faculty Publications

In "Global Governance and the WTO," Professor Andrew Guzman has done an impressive job of articulating a vision of the World Trade Organization (WTO) that many international lawyers share. In this vision, the WTO's mission should be expanded beyond its present task of facilitating tariff reductions and preventing covert protectionism. Rather, the WTO should take on substantive authority in a wide variety of non-trade areas, including the environment, labor, human rights, and public health. Unlike many people who share this vision, Guzman takes the time to describe how it might best be accomplished. He advocates specialized WTO departments and periodic …

Using Adr To Resolve Online Disputes, Aashit Shah

Richmond Journal of Law & Technology

In the context of the Internet, where parties located in different corners of the world can contract with each other at the click of a mouse, litigation of online disputes is often inconvenient, impractical, time-consuming and prohibitive. Providing an alternative approach to resolve online disputes might assist in redressing grievances and gaining consumer confidence in e-commerce. Alternative Dispute Resolution (ADR) is an appurtenant candidate for such an approach. The Virtual Magistrate Project, launched in 1996, initiated the idea of using ADR to resolve Internet-related disputes. The joint statement promoting the use of ADR in cyberspace, made by the European Union …

Brief Of Amicus Curiae — U.S. States

Richmond Journal of Law & Technology

America is frustrated with telemarketing. To help individuals reclaim a measure of peace and privacy in their homes, the States and, later, the federal agencies had to step in. On behalf of the fifty-one million individuals who have registered on the national do-not-call (“DNC”) list, Amici Curiae California, Colorado, Alabama, Alaska, Arizona, Arkansas, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, …

Brief Of Amici Curiae — Aca International

Richmond Journal of Law & Technology

ACA International (“ACA”), formerly known as the American Collectors Association, Inc., is the international trade association for credit and collection professionals. ACA’s members provide a wide variety of accounts receivable management services. Headquartered in Minneapolis, Minnesota, ACA represents the interests of approximately 5,300 third-party collection agencies, attorneys, credit grantors and vendor affiliates.

Telemarketing Sales Rule Comment For 16 Cfr Part 310 — American Association Of Retired Persons, David Certner

Richmond Journal of Law & Technology

AARP appreciates this opportunity to comment on the Federal Trade Commission’s (FTC) Notice of Proposed Rulemaking to amend the Telemarketing Sales Rule (the Rule). AARP’s interest in the Telemarketing Sales Rule and concerns about telemarketing abuses are long- standing. Seven years ago we were active participants in the original rulemaking proceeding. Since the adoption of the Rule in 1995, AARP has dedicated signi cant resources to educating consumers about telemarketing fraud and to working with federal, state and local law enforcement agencies to combat it. We have also worked with state legislatures to enact state telemarketing legislation. The existing Rule …

“Do-Not-Call-List” Testimony: Before The Senate Committee On Commerce, Science, And Transportation, Rodney Smolla

Richmond Journal of Law & Technology

I wish to thank the Committee for this opportunity to present testimony on the issues implicated by recent judicial rulings concerning the national telemarketing “Do Not Call” registry, developed by both the Federal Trade Commission and Federal Communications Commission.

Arrgh! Hollywood Targets Internet Piracy, Anna E. Engelman, Dale A. Scott

Richmond Journal of Law & Technology

As technology advances, the threat of rampant and unprecedented theft of digital media continues to grow. The music industry has already faced, and continues to face, this threat, but has largely failed in defending musicians’ intellectual property.

Grandparents’ Rights: What Every Grandparent Needs To Know, Robin Boyle

Faculty Publications

(Excerpt)

Patricia Perkins Slorah, has written an easy-to-read book for grandparents who are considering assistance from the legal community to secure visitation with their grandchildren. The book is aptly titled, Grandparents’ Rights: What Every Grandparent Needs to Know. For grandparents who are unfamiliar with the court system, Ms. Slorah provides helpful guidance. Although any book about the current state of the laws would be outdated at some point in the future as to what certain laws provide, this book provides timeless personal stories of grandparents who have struggled to gain visitation rights with their grandchildren.

Illinois Brick: A Look Back And A Look Ahead, Edward D. Cavanagh

Faculty Publications

(Excerpt)

In June 1977, the United States Supreme Court decided Illinois Brick Co. v. Illinois, ruling that only those dealing directly with price-fixers, and not others in the chain of distribution, are "injured" within the meaning of Section 4 of the Clayton Act in price-fixing cases. The decision struck the death knell to claims by indirect purchasers that illegal overcharges incurred by first purchasers had been passed-on to them through the distribution chain. The so-called direct purchaser rule of Illinois Brick was clear and unequivocal, the very essence of a bright-line rule. Yet, after over a quarter century, the …

Roundtable Discussion - Bankruptcy Reform: Then And Now, G. Ray Warner, Arthur Miller, Christine Dugas, Phil Corwin, David Skeel, Robert Feidler, Gerald K. Smith, Brady Williamson, Richard Levin, Elizabeth Warren, William Bodoh, Samuel Gerdano

Faculty Publications

(Excerpt)

G. Ray Warner: Good morning, welcome back. The final component of our program is this outstanding group of commentators, who will be able to bring us some fresh perspectives on the present, past and possibly even the future of bankruptcy reform. We are very fortunate today to have a collection of some of the people who were most instrumental in the creation of the current Code and also in the efforts that have been percolating through Congress recently to look at the Code again and to consider revisions.

I would like to thank the panel for their willingness to …

Introducing Lawrence V. Texas: Some Background And A Glimpse Of The Future, Edward Stein

Articles

The Supreme Court's decision in Lawrence v. Texas broke new ground for the legal position of lesbians, gay men and other sexual minorities in the United States. This article reviews the legal background against which Lawrence was decided (focusing on privacy and equal protection arguments). The article then explores the likely implications of this decision, specifically for the recognition of same-sex marriage and the constitutionality of laws that make other sex acts criminal. The article suggests that the most interesting questions after Lawrence concern whether the logic of Justice O'Connor's concurrence (that focused on the equal protection argument) will be …

Rulemaking, Michael Herz

Articles

No abstract provided.

An Overview Of Public Health In The New Millenium: Individual Liberty Vs. Public Safety, Dorothy Puzio

Journal of Law and Health

This article explores the tensions between creating an effective public health system that would be able to respond to and protect against any public health threat, and protecting individuals against unnecessary intrusions on their civil liberties. It then considers approaches to this issue that might best strike a balance in a democratic society. While many Americans may recognize and even accept that greater security would entail some intrusion into individual rights, there is no formula for striking the appropriate balance. This article attempts to arrive at a workable framework by examining how the United States' public health system works. This …

No Value For A Pound Of Flesh: Extending Marketinalienability Of The Human Body, Andrew Wancata

Journal of Law and Health

In the United States and many countries throughout the world, selling non-regenerative organs for monetary gain constitutes a serious criminal offense. Notwithstanding this strong ban on the sale of organs, United States citizens are permitted to sell other "parts" of their bodies, including blood, sperm, and eggs ("ova"), for market value because current statutes do not consider reproductive cells and other regenerative tissue "organs" or even within the ambit of "parts." Rather, in most contexts, regenerative cells and tissue are though of as "products" of the human body. In fact, the United States remains one of only a few industrialized …

United States V. Sell: Involuntary Administration Of Antipsychotic Medication - Are You Dangerous Or Not, Gregg Single

Journal of Law and Health

Antipsychotic drugs "alter the chemical balance in a patient's brain and can cause irreversible and fatal side effects." Furthermore, they "act at all levels of the central nervous system as well as on multiple organ systems. [They] can induce catatonic-like states, alter electroencephalographic tracings, and cause swelling of the brain. Adverse reactions include drowsiness, excitement, restlessness, bizarre dreams, hypertension, nausea, vomiting, loss of appetite, salivation, dry mouth, perspiration, headache, constipation, blurred vision, impotency, eczema, jaundice, tremors, and muscle spasms". As well as these symptoms, they can also cause "tardive dyskinsesia, an often irreversible syndrome of uncontrollable movements that can prevent …

Dr. Joseph Rohan Lex, Jr., M.D. Faaem - The Physician-Pharmaceutical Industry Relationship, Joseph Rohan Lex Jr.

Journal of Law and Health

My premise is that physician interactions with marketing representatives result in inevitable and irreconcilable conflicts of interest or the appearance of conflicts of interest. Our patients in medicine are the ultimate losers from such interactions.

Sources: Pharmaceutical Promotion And The Medical Profession: Appendix A , Joseph Rohan Lex Jr.

Journal of Law and Health

No abstract provided.

Community Health Centers: Health Care As It Could Be, Juniper Lesnik

Journal of Law and Health

This article explores the potential of community health centers (CHCs) to become a central component providing health care in America. It focuses on health centers as a proposed solution to the dual national problems of access to care and the shortage of primary care doctoring. It argues that CHCs have the capacity to address the problem of access to health services and to provide a vibrant model for the revival of primary care. Part I deals with the history, structure, current scope, and funding of CHCs. Part II looks at national health care goals and how CHCs are uniquely poised …

Occupational Risk: The Outrageous Reaction To Hiv Positive Public Safety And Health Care Employees In The Workplace, Manju Gupta

Journal of Law and Health

Society, including the legal profession, fears the risk of transmission of HIV in an occupational setting. This is particularly true for those in the health care and public safety settings (fire fighters, police, and healthcare practitioners). This note will assert that the law should afford HIV infected public safety and healthcare employees the right to continue in their occupations. According to current medical evidence, when public safety and healthcare employees use universal precautions the risk of transmission to a person(s) assisted is insignificant. At the beginning of the epidemic, the medical profession had yet to conduct research, and the risks …

The Mentally Ill Offender: A Brighter Tomorrow Through The Eyes Of The Mentally Ill Offender Treatment And Crime Reduction Act Of 2004, Ralph M. Rivera

Journal of Law and Health

Beginning in the early 1950s and '60s, states began to close their public mental health hospitals. This process was known as "deinstitutionalization." In recent years, following the massive wave of deinstitutionalization, a substantial number of institutionalized persons with mental disabilities were relocated from civil mental hospitals into jails and prisons, Despite this shift in population, correctional facilities remain ill-equipped to handle and deal with offenders with mental disabilities. One study found that approximately 6.5-10% of inmates suffered from a serious mental illness, while another 15-40% suffered from a moderate mental illness. Another study done by the Bureau of Justice Statistics …

How Ohio V. Talty Provided For Future Bans On Procreation And The Consequences That Action Brings: Ohio V. Talty: Hiding In The Shadow Of The Supreme Court Of Wisconsin, Evelyn Holmer

Journal of Law and Health

This Note discusses the constitutionality of antireproduction restrictions as they relate to the purposes and goals of probation, in the context of the Talty, Oakley, and Tramnell decisions. This Note addresses the ramifications and implications of these restrictions in relation to the deadbeat parent crisis, and it proposes more adequate means to accomplish the competing goals of child welfare and adherence to constitutional doctrine. Section II introduces and dissects the fundamental right to procreate as it is found under two concepts: the right itself and the right to privacy. Section III discusses the purposes of probation, generally, and articulates two …