Law Commons^™

Righting The Balance: An Inquiry Into The Foundations And Limits Of Freedom Of Expression, Steven J. Heyman

All Faculty Scholarship

Contemporary disputes over the First Amendment often result in deadlock. One side stresses the paramount value of free speech, while the other side points to the harms that particular kinds of speech can cause. It is difficult to see how this impasse can be broken without a more general account of the scope of free expression: a view that integrates both the justifications and the limits of freedom of speech into a coherent whole. This Article makes a start toward developing such a theory. Its central thesis is that freedom of speech is a right that is limited by the …

Foreword: The Legacy Of Chancellor Kent, Harold J. Krent

All Faculty Scholarship

No abstract provided.

The Supreme Court As An Enforcement Agency, Harold J. Krent

All Faculty Scholarship

No abstract provided.

Fathers And Parental Leave Revisited, Martin H. Malin

All Faculty Scholarship

No abstract provided.

Juries And Damages: A Commentary, Nancy S. Marder

All Faculty Scholarship

No abstract provided.

The Free Exercise Of Religion After The Fall: The Case For Intermediate Scrutiny, Rodney A. Smolla

Scholarly Articles

Not available.

February 1998 Docket, Georgia State University College Of Law

The Docket

No abstract provided.

Ndls Update 02/1998, Notre Dame Law School

NDLS Update

No abstract provided.

Site Visit To Northern California — Risk, Accountability, And Staying Power In Next-Generation Managed Care, Lisa Sprague, Sandra Foote

National Health Policy Forum

This three-day site visit looked at private health insurance and delivery of care in a market notable for high managed care penetration, relatively low premium costs, and sophisticated provider groups. Federal congressional and regulatory staff heard from health insurance purchasers (both public and private), health plans, hospital systems, and physician groups about the changing relationships and accountabilities in this market and the ways various organizations were positioning themselves to survive the turmoil and emerge the stronger for it. Participants also heard from two county health programs about how competition and realignment in the private market were impacting safety-net services for …

Health Care Quality: From Data To Accountability, Mary Darby

National Health Policy Forum

This paper discussed the evolution of quality measurement and reporting activities as well as efforts to develop accountability for delivering high-quality care. It examined (a) initiatives in the professional arena, such as accreditation and performance measurement by independent accrediting bodies; (b) activities of market proponents, who have preferred to concentrate on making data available to purchasers and consumers that would enable them to choose high- quality plans and providers; and (c) attempts by the public sector to secure quality through regulation and oversight. An exploration of the successes, limitations, overlaps, and gaps in quality assurance initiatives, the paper was published …

Vol. 08, No. 05 (February 1998)

Res Ipsa Loquitur

No abstract provided.

City Of Boerne V. Flores: A Landmark For Structural Analysis, Marci A. Hamilton

Articles

No abstract provided.

Pandora's Amphora: The Ambiguity Of Gifts, Jeanne L. Schroeder

Articles

The law is notoriously suspicious of gifts, giving gratuitous promises less protection than contracts. An analysis based on the political philosophy of G.W.F. Hegel and the psychoanalytic theory of Jacques Lacan reveals that the law's ambivalence reflects the fundamental ambiguous nature of gifts.

The two dominant jurisprudential analyses of gift-utilitarianism and romanticism-share the single erroneous assumption that contract relations are characterized by atomistic rational behavior. The utilitarian, who views all human relations in terms of individual self-interest, analyzes gift as a primitive, incomplete, imperfect, and inferior form of contract. In contrast, the romantic, who believes that human relations can, and …

Reputation: A Vital Asset For Real Estate Practitioners, Trevor C. W. Farrow

Articles & Book Chapters

This article describes the law of defamation, with advice to realtors on how to avoid defaming others.

Realigning Corporate Governance: Shareholder Activism By Labor Unions, Stewart J. Schwab, Randall S. Thomas

Cornell Law Faculty Publications

No abstract provided.

University Of Richmond Bulletin: Catalog Of The T.C. Williams School Of Law For 1998-2000, University Of Richmond

Law School Catalogues

Method of Instruction

The educational program of the law school is designed to equip its graduates to render the highest quality of legal services, while instilling a sense of professional responsibility. Students are trained in the analysis and solution of legal problems by the application of logical reasoning. The course of study is not designed to teach legal rules, but rather to provide a foundation for the application and analysis of the law and the development of professional skills. The traditional case method of instruction is used in many courses. However, clinical education and courses devoted to various professional skills …

The Impact Of Nsmia On Small Issuers, Rutheford B. Campbell Jr.

Law Faculty Scholarly Articles

Small businesses may account for 40% of the business activities in this country, but capital formation rules always have discriminated against small businesses and imposed rules that make it unreasonably difficult for small companies to exploit external sources of capital. NSMIA, through its broad statutory delegation to the SEC of the right to expand the preemption of state blue sky laws, provides a unique opportunity for the Commission to deliver much-needed and much-deserved help to small issuers engaged in capital formation and to finally break the hegemonic hold states have over the rules governing capital formation by small businesses. Society …

Book Review: Land Grants And Lawsuits In Northern New Mexico By Malcolm Ebright (Unm Press, 1994), Christian G. Fritz

Faculty Scholarship

Malcolm Ebright's Land Grants and Lawsuits in Northern New Mexico contributes significantly to the history of private land grants in New Mexico. The book's central theme is that an injustice was perpetrated by the United States on Hispanic land grant claimants. Having first established the broader legal and historical context, Ebright explores the subject through the disputes over five land grants. He traces the history of the settlement of each selected land grant under the laws and customs of New Mexico prior to 1846 and then examines their adjudication by the United States.

Cost Responsibility Or Regulatory Indulgence For Electricity's Stranded Costs? , John Burritt Mcarthur

American University Law Review

No abstract provided.

Drainage, Drilling Units And Conservation Agency Orders: Sunbelt Exploration Co. V. Stephens Production Co., Phillip E. Norvell

Annual of the Arkansas Natural Resources Law Institute

No abstract provided.

Receiverships And Integration: A Primer On Acquiring The Rights To Develop The Interest Of A Lost Or Recalcitrant Mineral Owner, Carolyn J. Clegg

Annual of the Arkansas Natural Resources Law Institute

No abstract provided.

Trends In Environmental Liabilitiy For The Oil & Gas Industry: Environmental Liability Developments For Oil And Gas Operators, Charles C. Steincamp

Annual of the Arkansas Natural Resources Law Institute

No abstract provided.

Current Issues In Oil And Gas Royalty Litigation, Mark D. Christiansen

Annual of the Arkansas Natural Resources Law Institute

No abstract provided.

Recent Developments: A Review Of New Cases, Legislation, & Regulations Affecting The Natural Resources Industries, Thomas A. Daily

Annual of the Arkansas Natural Resources Law Institute

No abstract provided.

V.35-1, 1998 Masthead

San Diego Law Review

No abstract provided.

The Uncopyrightability Of Jokes, Allen D. Madison

San Diego Law Review

A joke consists of a setup, a premise, and a punch line. It is likely that jokes can be copyrighted under existing laws. However, several facts leave comedians to protect themselves by private means. First, the registration fee for copyright precludes most comedians from registering their jokes. More importantly, this article suggests, the scenes a faire doctrine may prevent comedians from effectively protecting the most important part of jokes the punch line. To make the law more clear, the author recommends a simple addition of jokes to the enumerated list of protected material in the Copyright Acts. Although this change …

Racial Disparities In The Delivery Of Health Care, Barbara A. Noah

San Diego Law Review

This article focuses on the role of conscious and unconscious bias in the delivery of health care. Racial disparities of a range of health care services are illustrated, including drug therapy, Medicare services, and organ transplantation. Methodological challenges to measuring such disparities are also addressed, as are sociological factors influencing disparities. Statutory and constitutional remedies are suggested to redress inequities. The author concludes, however, prospective approaches, such as regulation and education, are the most promising avenues to solving racial disparities in health care delivery.

People Ex Rel. Gallo V. Acuna: Pulling In The Nets On Criminal Street Gangs, Edson Mcclellan

San Diego Law Review

In response to rising gang-related crime, California passed in 1988 the Street Terrorism and Prevention (STEP) Act. Among the tools it provides to prosecutors is civil injunction of gang behavior: a prosecutor may enjoin a range of otherwise legal conduct as well as conduct that is independently proscribed by the Penal Code. The first appellate challenge was People ex rel. Gallo v. Acuna, handed down April, 1995. The court modified slightly the terms of STEP to avoid vagueness and overbreadth and commanded that to bind a defendant to an anti-gang injunction "there must be some personal, individual participation" in the …

Internet Copyright Infringement And Service Providers: The Case For A Negotiated Rulemaking Alternative, Timothy L. Skelton

San Diego Law Review

The Internet has dramatically increased the ease of copyright infringement. A popular proposal recommends that Internet service providers (ISP) be held liable for the harms, including copyright infringements, of their users. ISPs reject this approach, warning that it will hamper the expansion of the Internet. This article recommends a regulatory approach to ISP liability for copyright infringement. A technical introduction to the Internet is given, pointing to difficulties that courts have had navigating this conceptually new and complex subject. Arguments in favor or strict liability of ISPs are presented, with an analysis of their likely economic and social consequences. The …

Ruminations: Mandates In The Louisiana Constitution Of 1974; How Did They Fare?, Lee Hargrave

Louisiana Law Review

No abstract provided.