Law Commons^™

Therapeutic Jurisprudence: Informed Consent As A Clinical Indication For The Chronically Suicidal Patient With Borderline Personality Disorder, Stephen H. Behnke, Elyn R. Saks

Loyola of Los Angeles Law Review

No abstract provided.

Hooting: Public And Popular Discourse About Sex Discrimination, Kenneth L. Schneyer

University of Michigan Journal of Law Reform

In this Article, Professor Schneyer focuses on the debate surrounding the Hooters restaurant chain. He argues that the debate surrounding Hooters inevitably addresses the nature and importance of gender and sexuality in culture and business. Professor Schneyer uses the lens of constitutive rhetoric to analyze several texts created by both sides during this debate. He concludes that varying participants in the debate use rhetoric for different purposes. Some, like commentator Laura Archer Pulfer, use rhetoric that encourages growth and critical analysis, while others, like Hooters itself, use rhetoric to encourage unquestioning belief Overall, Professor Schneyer observes that Hooters's supporters use …

Proposition 215: De Facto Legalization Of Pot And The Shortcomings Of Direct Democracy, Michael Vitiello

University of Michigan Journal of Law Reform

In 1996, California voters passed Proposition 215, officially titled The Compassionate Use Act of 1996, and popularly known as the "medical marijuana" initiative. This initiative allows qualifying people and their caregivers immunity from criminal prosecution when the state attempts to charge them with possession or cultivation of marijuana. Professor Vitiello uses the medical marijuana initiative as a case study illustrating flaws in California's ballot initiative process He examines the history of the initiative process in California, misleading aspects of the campaign for Proposition 215, and ambiguities in the proposition's language. Concluding that the initiative process as it now stands fosters …

Local Government Anti-Discrimination Laws: Do They Make A Difference?, Chad A. Readler

University of Michigan Journal of Law Reform

During the past decade, local governments have expanded their role protecting individuals from discrimination in private employment. Although federal and state laws already protect individuals from employment discrimination based on race, sex, color, religion, national origin, age, and disability, local anti-discrimination ordinances protect an even wider range of characteristics such as sexual orientation, marital status, military status, and income level. The author details the results of a survey indicating that the agencies and dispute resolution processes mandated by local anti-discrimination ordinances are seldom used to protect this wider range of characteristics He argues that effective, uniform anti-discrimination protection should come …

Beach Erosion And Hurricane Protection In The Second Circuit: The Statute Of Limitations As A Government Nemesis, Barbara Affeldt

City University of New York Law Review

No abstract provided.

The Current Scope Of The Public Safety Exception To Miranda Under New York V. Quarles, Alan Raphael

City University of New York Law Review

No abstract provided.

What Justice Requires: A Case Of Ineffective Assistance Of Counsel, Mary Ross

City University of New York Law Review

No abstract provided.

Incentives And Social Capital: Are Homeowners Better Citizens?, Edward L. Glaeser, Denise Dipasquale

Coase-Sandor Institute for Law & Economics Research Paper Series

Homeownership may encourage investment in local amenities and social capital, both because homeownership gives individuals an incentive to improve their community and because homeownership creates barriers to mobility. Using the U.S. General Social Survey, we document that homeowners invest more in social capital; a simple instrumental variables strategy suggests that the relationship may be causal. We also find evidence that a large portion of the effect of homeownership on these investments comes from lower mobility rates for homeowners. Using the German Socio-Economic Panel, we find a connection between homeownership and citizenship controlling for individual fixed effects.

Introduction: Current Issues In Arbitration, Shannon E. Pinkston

Vanderbilt Law Review

"[An incompetent attorney can delay a case for years, while a competent attorney can delay it for even longer."'

This oft-repeated joke illustrates the public perception of the delays and expense that accompany courtroom litigation. Indeed, growing frustration with crowded courts and exorbitant legal costs fuels the widespread Alternative Dispute Resolution ("ADR") movement. Notwithstanding the dramatic increase in its use, ADR, defined as "procedures for settling disputes by means other than litigation," is not a novel idea. In fact, ADR was present in America as early as the seventeenth century. In certain parts of colonial America, voluntary arbitration was a …

Equitable Estoppel And The Outer Boundaries Of Federal Arbitration Law: The Alabama Supreme Court's Retrenchment Of An Expansive Federal Policy Favoring Arbitration, David F. Sawrie

Vanderbilt Law Review

A consumer purchases a manufactured home from a commercial vendor.' As part of the commercial transaction, the consumer and vendor execute a sales agreement containing the following arbitration clause: "All disputes, claims, or controversies arising from or relating to this Contract or the relationships which result from this Contract... shall be resolved by binding arbitration .... ,, The manufacturer of the home is not a party to the sales contract. Rather, the manufacturer issues a separate warranty agreement in connection with the consumer's purchase.

When the consumer discovers defects in the home, the consumer sues both the commercial vendor and …

Restrictions On Forum-Selection Clauses In Franchise Agreements And The Federal Arbitration Act: Is State Law Preempted?, James Zimmerman

Vanderbilt Law Review

The use of forum-selection clauses in contracts continues to increase. Emboldened by the Supreme Court's endorsement of forum- selection clauses, large companies now frequently use these clauses in a variety of contracts. Contracting parties use these clauses in part to ensure that the parties can resolve any dispute in a convenient forum. Often, however, a party inserts a forum-selection clause to limit liability by increasing the barriers to litigation or arbitration. Typically, the party inserting the forum-selection clause has superior bargaining power and inserts into the contract a clause designating a forum remote to the other party, where any dispute …

John Marshall And The Rule Of Law, John V. Orth

South Carolina Law Review

No abstract provided.

The Fda May Not Regulate Tobacco Products As “Drugs” Or As “Medical Devices”, Richard A. Merrill

Duke Law Journal

Professor Richard Merrill contends that the Federal Food, Drug, and Cosmetic Act does not grant the FDA regulatory authority over cigarettes and smokeless tobacco products. The fact that Congress did not expressly deny the FDA regulatory authority over tobacco cannot, Professor Merrill argues, be used to infer such authority. This inference is particularly inappropriate in the case of tobacco regulation, he maintains, because there is compelling evidence that Congress had no intention of delegating this authority to the FDA. He is unpersuaded that presidential approval legally sanctions the FDA's claim of authority by granting it a superficial political legitimacy. Finally, …

Do Adolescent Smokers Know The Risks?, Paul Slovic

Duke Law Journal

Professor Slovic challenges Professor Viscusi by suggesting that "risk" is a term with varying meanings and the potential for misinterpretation by study participants. He distinguishes between the probability and severity of a risk, and suggests that teens who know the probability of smoking causing cancer are not aware of the severity of the experience of cancer. He goes on to note that people often perceive themselves as being less at risk than others, and observes that Professor Viscusi's study posed questions about others, instead of asking teens to assess their own risks. Thirdly, he argues that teens perceive each individual …

Is Tobacco A Drug? Administrative Agencies As Common Law Courts, Cass R. Sunstein

Duke Law Journal

Professor Cass Sunstein argues that the FDA has the authority to regulate tobacco products. He considers the text of the Federal Food, Drug, and Cosmetic Act, which supports the FDA assertion, and the context of its enactment, which argues against the FDA. He resolves the tension between text and context in favor of FDA jurisdiction by turning to the emerging role of administrative agencies. In modern government, he contends, administrative agencies have become America's common law courts, with the power to adapt statutory regimes to new facts and new values when the underlying statute is ambiguous. Professor Sunstein's Article, like …

Teen Smoking Behavior And The Regulatory Environment, Joni Hersch

Duke Law Journal

Professor Hersch argues that most state regulations aimed at fighting teen smoking have had little or no effect. She provides evidence that despite widespread age restrictions on purchasing tobacco, most teens do not consider it difficult for minors to purchase tobacco products within their community. She also presents evidence demonstrating a strong correlation between smoking rates and perceptions about the addictive nature of smoking. These findings suggest that facilitating greater awareness of the addictive power of cigarettes could be effective in curbing teen smoking. She explores the potential for parental restrictions on limiting teen smoking, but provides indications that parents …

Laying It On The Line: A Dialogue On Line Item Vetoes And Separation Of Powers, H. Jefferson Powell, Jed Rubenfeld

Duke Law Journal

In this Dialogue, constitutional pundits Confident and Doubtful debate the Line Item Veto Act of 1996. They wrangle about the application of the Article I, 7 process to the Act, the relevance of the legislative bargaining process to its constitutionality, and the merits of formalism and functionalism. As Confident becomes No-Longer-So-Confident, Doubtful proposes a way to reconcile the seemingly irreconcilable "formalist" and "functionalist" Supreme Court decisions. Marshalling the constitutional text for support, Doubtful argues that the Court should take a checks and balances approach to congressional delegations of power to the executive, while maintaining a rigorous separation of powers review, …

Sunbeam Products, Inc. V. The West Bend Co.: Exposing The Malign Application Of The Federal Dilution Statute To Product Configurations, Paul J. Heald

Scholarly Works

Some judicial opinions lack persuasive authority because they are poorly written. Others establish dangerous precedent or enshrine pernicious attitudes into law. Still others twist the language of prior opinions or misuse legislative history. Although a focus on rhetorical structure, effect on society, or quality of legal reasoning is helpful in identifying what constitutes a very bad judicial opinion, this essay will instead expose the blander evils of indifference and inattentitveness. My “worst” opinion -- Sunbeam Products, Inc. v. The West Bend Co. -- will not have a catastrophic effect on American life and culture, but rather provides an important illustration …

New Direction For Team Ownership? The Memphis Redbirds Baseball Foundation, Lloyd Hitoshi Mayer, Craig A. Sharon

Journal Articles

Consider every loyal sports fan’s worst nightmare. Your community invests millions of dollars to keep a professional sports team in town. Your local city and county governments not only provide various tax exemptions and subsidies, but they also build, expand, and maintain the team's stadium. But one day the voters balk at paying for a particularly expensive improvement. The team's owners are soon heard complaining that the community is not supporting the team. Rumors that the team will be sold or moved begin to circulate. Then the team calls a press conference to announce that it will be moving to …

The Rotten Foundations Of Securitization, David Gray Carlson

William & Mary Law Review

No abstract provided.

Justice In Plea Bargaining, Fred C. Zacharias

William & Mary Law Review

No abstract provided.

From Horse Trading To Insider Trading: The Historical Antecedents Of The Insider Trading Debate, Paula J. Dalley

William & Mary Law Review

No abstract provided.

The Attorney-Client Privilege For In-House Counsel When Negotiating Contracts: A Response To Georgia-Pacific Corp. V. Gaf Roofing Manufacturing Corp., Mark C. Van Deusen

William & Mary Law Review

No abstract provided.

The Flawed Economics Of The Dormant Commerce Clause, Paul E. Mcgreal

William & Mary Law Review

No abstract provided.

Who’S The Client? Legislative Lawyering Through The Rear-View Mirror, Michael J. Glennon

Law and Contemporary Problems

No abstract provided.

The Ethics Of Representing Elected Representatives, Kathleen Clark

Law and Contemporary Problems

Clark attempts to sketch out the work of several different types of legislative lawyers. He suggests that the role of lawyers who work for individual legislators may be similar to that of Executive Branch lawyers.

The Senate And House Counsel Offices: Dilemmas Of Representing In Court The Institutional Congressional Client, Charles Tiefer

Law and Contemporary Problems

Two clusters of issues regarding institutional representation of Congress are examined.

The President As Client And The Ethics Of The President’S Lawyers, Nelson Lund

Law and Contemporary Problems

The ethics and control of politically appointed lawyers are discussed.

High-Level, “Tenured” Lawyers, Thomas W. Merrill

Law and Contemporary Problems

Civil service lawyers have rights similar to tenured professors and are utilized to identify and evaluate the most plausible justifications for using tenured lawyers to perform high-level tasks within the executive branch.

The Role Of The Attorney-Adviser In The U.S. Department Of State: Institutional Arrangements And Structural Imperatives, Michael K. Young

Law and Contemporary Problems

Young provides information about the structural and institutional imperatives that constrain and shape the work of the Attorney-adviser and offers some rudimentary thoughts about what is needed to understand it better.