Law Commons^™

The Police, Pretextual Investigatory Activity, And The Fourth Amendment: What Hath Whren Wrought, Mark M. Dobson

St. Thomas Law Review

Part II of this article briefly discusses the debate over what was considered pretextual activity in the time before Whren. Part III then analyzes both the facts and resolution of the pretext issue presented in Whren itself. Part IV explores what Wiren means for the future, both in terms of how this decision, when coupled with existing Fourth Amendment precedent enlarges what the police can do; and how two other Fourth Amendment cases which have recently been handed down, may even further expand what the police can do.

Status Of Indigenous Rights In Fiji, Nehla Basawaiya

St. Thomas Law Review

No abstract provided.

A Post-Conference Reflection On Separate Ethical Aspirations For Adr's Not-So-Separate Practitioners, John Q. Barrett

Faculty Publications

At "The Lawyer's Duties and Responsibilities in Dispute Resolution" Symposium at South Texas College of Law, Oct. 25, 1996, a central topic of discussion was ADR's ethical separateness. There was a shared sense that ADR providers and practitioners confront a range of ethical issues that differ from those that confront non-ADR lawyers. On this view, because rules of professional responsibility are geared toward more adversarial forms of legal practice, they at best provide no answers and may provide wrong answers to ethical questions that arise in ADR. One solution would be to create new, separate, "role-specific" ethics rules for ADR …

Disparate Effects In The Criminal Justice System: A Response To Randall Kennedy's Comment And Its Legacy, Janai S. Nelson

Faculty Publications

For many African Americans, the criminal justice system symbolizes an oppressive force, and yet, is a necessary institution in an increasingly lawless society. African Americans are at the same time its victims and beneficiaries, although various sentiments exist regarding the extent to which they are either. It is precisely this paradox, coupled with the promulgation of certain criminal legislation and legal precedent which directly and, potentially, adversely affect the African-American community that inspired the author to address the issues and arguments raised in Randall Kennedy's The State, Criminal Law, and Racial Discrimination: A Comment, 107 Harv. L. Rev. 1255 (1994), …

Discovery In International Legal Developments Year In Review: 1996, Christopher J. Borgen

Faculty Publications

American procedure regarding international discovery stems from 28 U.S.C. §§ 1781-83, and Federal Rule of Civil Procedure (FRCP or Rule) 28(b). Broadly speaking, these rules are concerned with the mechanics of assessing requests for discovery in the United States to assist a proceeding in a foreign country and attempts by one or more parties before a U.S. court to obtain evidence located in another country. This article serves as a brief review of developments during the year.

Class Action Chaos? The Theory Of The Core And An Analysis Of Opt-Out Rights In Mass Tort Class Actions, Michael A. Perino

Faculty Publications

From breast implants to cigarettes, mass tort class actions are a prominent and controversial part of the contemporary litigation landscape. A critical component of these actions is the ability of class members to “opt out” and thereby exclude themselves from the effect of any class judgment. The tension between individual autonomy and the desire for global resolution of mass controversies has led to an intense debate concerning the circumstances under which opt-out rights should be constrained, if at all.

This Article makes five distinct contributions to the class action literature. First, the Article applies the game theoretic concept of the …

Legal Design And The Evolution Of Commercial Norms, Jody S. Kraus

Faculty Scholarship

The Uniform Commercial Code determines the content of most commercial law default rules by incorporating common merchant practices. The success of this incorporation strategy depends on the likely efficiency of evolved commercial practices. In this Article, I use the best available theory of cultural evolution to analyze how and why commercial practices evolve. This analysis confirms that the incorporation strategy is far superior to a system in which lawmakers rely predominantly on individual analysis and experimentation to design commercial law. But the analysis also demonstrates that common commercial practices, and the laws incorporating them, are unlikely to be optimal, in …

Corporate Philanthropy, Executives' Pet Charities And The Agency Problem, Jayne W. Barnard

Faculty Publications

No abstract provided.

Law And Biology: Toward An Integrated Model Of Human Behavior, Owen D. Jones

Vanderbilt Law School Faculty Publications

As first year law students unhappily discover, the meaning of "law" is frustratingly protean, shifting by usage and user. Depending on whom you ask, law is a system of rules, a body of precedents, a legislative enactment, a collection of norms, a process by which social goals are pursued, or some dynamic mixture of these. Law's principal purpose is to define and protect individual rights, to ensure public order, to resolve disputes, to redistribute wealth, to dispense justice, to prevent or compensate for injury, to optimize economic efficiency, or perhaps to do something else. And yet one thing is irreducibly …

Law As The Continuation Of God By Other Means, Pierre Schlag

Publications

No abstract provided.

A Writer’S Board And A Student-Run Writing Clinic: Making The Writing Community Visible At Law Schools, Terrill Pollman

Scholarly Works

In this article the author explains institutional programs she has developed in response to a common problem, students’ frustrations with the limits of a law school’s legal writing program. The author proposes establishing a Writers’ Board, where members of the law school community who care most about legal research and writing training can work together to create opportunities for students to learn more. The Writers’ Board’s primary project is a Writing Clinic that offers diverse ways to improve legal research and writing on campus. Despite problems that are likely to arise when creating a Writers’ Board and Clinic, the author …

Front Matter

Animal Law Review

Front Matter contains title page, masthead, advisors, and Table of Contents for Animal Law Volume 3, Issue 1.

Obstacles To Legal Rights For Animals: Can We Get There From Here?, Susan Finsen

Animal Law Review

No abstract provided.

Rights Of Slaves And Other Owned-Animals, Alan Watson

Animal Law Review

The scope of animal rights is much broader than the vast majority of individuals believe. People spend little time considering how our legal system's treatment of animals affects society. The law, created to protect beings from harm, has time and again proven itself a stubborn, static creation. However, through the efforts of people who have recognized the law's shortcomings and have sought to correct them, justice may eventually prevail. Unfortunately, the best means by which to accomplish justice for animals is not clear, and disagreements inevitably arise. The essays which follow are written by experts from various interdisciplinary fields at …

Are Women Persons?, Drucilla Cornell

Animal Law Review

The scope of animal rights is much broader than the vast majority of individuals believe. People spend little time considering how our legal system's treatment of animals affects society. Thw law, created to protect beings from harm, has time and again proven itself a stubborn, static creation. Hozever, through the efforts of people who have recognized the law's shortcomings and have sought to correct thm, justice may eventually prevail. Un1fortunately, the best means by which to accomplish justice for animals is not clear, and disagreements inevitably arise. The essays which follow are written by exparts from various interdisciplinaryf ields at …

"Do Dogs Ape?" Or "Do Apes Dog?" And Does It Matter? Broadening And Deepening Cognitive Ethology, Marc Bekoff

Animal Law Review

The scope of animal rights is much broader than the vast majority of individuals believe. People spend little time considering how our legal system's treatment of animals affects society. Thw law, created to protect beings from harm, has time and again proven itself a stubborn, static creation. Hozever, through the efforts of people who have recognized the law's shortcomings and have sought to correct thm, justice may eventually prevail. Un1fortunately, the best means by which to accomplish justice for animals is not clear, and disagreements inevitably arise. The essays which follow are written by exparts from various interdisciplinaryf ields at …

On The "Necessary Suffering" Of Nonhuman Animals, Michael Allen Fox

Animal Law Review

The scope of animal rights is much broader than the vast majority of individuals believe. People spend little time considering how our legal system's treatment of animals affects society. Thw law, created to protect beings from harm, has time and again proven itself a stubborn, static creation. Hozever, through the efforts of people who have recognized the law's shortcomings and have sought to correct thm, justice may eventually prevail. Un1fortunately, the best means by which to accomplish justice for animals is not clear, and disagreements inevitably arise. The essays which follow are written by exparts from various interdisciplinaryf ields at …

The Thirsty Cow And And Important Distinction, Priscilla Cohn

Animal Law Review

The scope of animal rights is much broader than the vast majority of individuals believe. People spend little time considering how our legal system's treatment of animals affects society. Thw law, created to protect beings from harm, has time and again proven itself a stubborn, static creation. Hozever, through the efforts of people who have recognized the law's shortcomings and have sought to correct thm, justice may eventually prevail. Un1fortunately, the best means by which to accomplish justice for animals is not clear, and disagreements inevitably arise. The essays which follow are written by exparts from various interdisciplinaryf ields at …

Animal Oppression And The Pragmatist, Lesli Bisgould

Animal Law Review

The scope of animal rights is much broader than the vast majority of individuals believe. People spend little time considering how our legal system's treatment of animals affects society. Thw law, created to protect beings from harm, has time and again proven itself a stubborn, static creation. Hozever, through the efforts of people who have recognized the law's shortcomings and have sought to correct thm, justice may eventually prevail. Un1fortunately, the best means by which to accomplish justice for animals is not clear, and disagreements inevitably arise. The essays which follow are written by exparts from various interdisciplinaryf ields at …

Thunder Without Rain: A Review/Commentary Of Rain Without Thunder: The Ideology Of The Animal Rights Movement, Steven M. Wise

Animal Law Review

The scope of animal rights is much broader than the vast majority of individuals believe. People spend little time considering how our legal system's treatment of animals affects society. Thw law, created to protect beings from harm, has time and again proven itself a stubborn, static creation. Hozever, through the efforts of people who have recognized the law's shortcomings and have sought to correct thm, justice may eventually prevail. Un1fortunately, the best means by which to accomplish justice for animals is not clear, and disagreements inevitably arise. The essays which follow are written by exparts from various interdisciplinaryf ields at …

Are Chimpanzees Entitled To Fundamental Legal Rights?, Jane Goodall, Steven M. Wise

Animal Law Review

This Symposium was adapted from a presentation to the Senior Lawyers Division of The American Bar Association, Orlando, Florida, Aug. 2, 1996.

Slamming Shut The Ark Doors: Congress's Attack On The Listing Process Of The Endangered Species Act, Jeffrey S. Kopf

Animal Law Review

The 104th Congress legislated a complete moratorium on the listing of species and critical habitat under the Endangered Species Act. Mr. Kopf explores the motivations behind the moratorium and shows how market forces may further weaken the ESA. This article questions whether the moratorium and its subsequent repeal signal a new era of environmental awareness or a return to industry's discreet manipulation of the legislative process.

Where Do We Draw The Line Between Harassment And Free Speech?: An Analysis Of Hunter Harassment Law, Katherine Hessler

Animal Law Review

Ms. Hessler examines the constitutionality of the federal hunter harassment statute and concludes that protests of hunting events should be protected under the First Amendment.

Animal Rights Theory And Utilitarianism: Relative Normative Guidance, Gary L. Francione

Animal Law Review

Mr. Francione examines the philosophies of Peter Singer and Tom Regan and concludes, in part, that there is nothing in rights theory that necessarily precludes the animal advocate from pursuing incremental legislative or judicial change; however, he asserts that we cannot speak meaningfully of legal rights for animals as long as animals are regarded as property.

Tracking The Adc: Ranchers' Boon, Taxpayers' Burden, Wildlife's Bane, David Hoch, Will Carrington Heath

Animal Law Review

Approximately thirty five million dollars are spent each year by the Animal Damage Control division of the US Department of Agriculture to destroy predator animals that supposedly kill livestock. The methods by which the ADC kills these "predators" are appalling. Mr. Hoch argues that the funding for this program is excessive, irresponsible, and raises serious ethical questions. He concludes that ADC activities should be terminated immediately.

Toward A More Appropriate Jurispurdence Regarding The Legal Status Of Zoos And Zoo Animals, Georgie Duckler

Animal Law Review

Mr. Duckler examines the historical perceptions of zoo animals as legal entities and discusses a proposal to classify zoo animals as objects for historical preservation, suggesting that zoo animals and society will be better served by a change in the historical legal status of zoos and zoo animals.

The Rise Of Equine Liability Activity Acts, Sharlene A. Mcevoy

Animal Law Review

In recent years, the equine industry has become concerned by court decisions which undermine the traditional view that persons who participate in horseback riding activities assume the risk of any iJ\iury they incur. Ms. McEvoy examines significant cases and state statutes designed to meet the challenges posed by these decisions, as well as the legislative history behind a Connecticut statute.

Biotechnology And The Patenting Of Living Organisms, Matthew Mcgovern

Animal Law Review

Mr. McGovern discusses the reasoning behind the leap from patentability of non-living things to the living thing~ within the last twenty years. He concludes that neither the Supreme Court or Court of Customs and Patent Appeals has offered a convincing rationale for the inclusion of living things within 35 U.S.C. Section 101.

Gateway Widens Doorway To Imposing Unfair Binding Arbitration On Consumers, Jean R. Sternlight

Scholarly Works

Hill v. Gateway, is but the most extreme example of a series of court decisions that allow large companies to impose potentially unfair binding arbitration agreements on unwitting consumers. The outcome in Gateway, however, is questionable on federal statutory, common law, and constitutional grounds.

Convoluted Essence: Indian Rights And The Federal Trust Doctrine, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

In recent years there has been growing resentment from what one might term, for lack of a better phrase, the "anti-trust" segment. These commentators have offered a host of arguments to support their position: the trust doctrine has been and is still used primarily to "give moral color to depredations of tribes;" it is "an assertion of unrestrained political power over Indians, power that may be exercised without Indian consent and without substantial legal restraint;" and it is really a "metaphor for federal control of Indian affairs without signifying any enforceable rights of the tribal `beneficiaries.'" Yet others suggest that …