Law Commons^™

From Stockholm To Kyoto And Back To The United States: International Environmental Law's Effect On Domestic Law, Joel B. Eisen

University of Richmond Law Review

We Americans think we're so darned smart. We invented modern environmental law, developed its sophisticated "command-and-control" structure, got the public involved as never before in fighting corporate polluters, and achieved measurable successes by getting lead out of our air and bald eagles back from near extinction. We've even tried "second generation" tools such as emissions trading systems' and incentive-based regulatory flexibility approaches when we discovered our system's limitations. Not that we've got it all figured out, mind you, but we're inclined to think of ourselves as world leaders when it comes to environmental protection.

The Evolution Of Health Care Decision Making: The Political Paradigm And Beyond, Elizabeth Price Foley, Elizabeth C. Price

Faculty Publications

The ascendancy of the political paradigm as the primary mode of health care decision-making is a natural evolutionary reaction to the unrestrained market paradigm. Although a certain of political intrusion into the health care marketplace is both necessary and useful, it has the potential to unravel the efficiencies achieved by managed care. Overzealous intervention in the health care market in the name of "reform" may cause the health care decision-making pendulum to swing back to the provider paradigm, with its tendency to escalate health care costs and diminish access. One possible way to achieve decision-making equilibrium and and end the …

[1997 Developments Concerning] International Courts And Tribunals, Roger P. Alford, Peter H.F. Bekker

Journal Articles

The most significant developments in 1997 regarding international courts and tribunals are reviewed herein, particularly events relating to the International Court of Justice, the United Nations Compensation Commission (a quasi-tribunal), the International Tribunal for the Law of the Sea, the Iran-United States Claims Tribunal, and the proposed permanent International Criminal Court. Other significant developments relating to the International Criminal Tribunal for the Former Yugoslavia, the International Criminal Tribunal for Rwanda, and dispute settlement within the World Trade Organization are detailed in other reports in this issue.

Inculcating Constitutional Values, William K. Kelley

Journal Articles

CONSTITUTIONAL LAW. By Gerald Gunther & Kathleen M. Sullivan. Westbury, New York: Foundation Press. 13th edition, 1997. Pp. xciii, 1553. Cloth, $55.95.

CONSTITUTIONAL LAW. By Geoffrey R. Stone, Louis M. Seidman, Cass R. Sunstein, & Mark V. Tushnet. Boston: Aspen Law and Business Education. 3d Edition, 1996. Pp. ciii, 1814. Cloth, $60.00.

The two leading casebooks on Constitutional Law - one an acknowledged classic and the other fast on its way to becoming one - were recently released in new editions at a time when the challenges facing casebook authors seem greater than ever. Despite the Supreme Court's …

Fundamental Rights, Moral Law, And The Legal Defense Of Life In A Constitutional Democracy, Martin Rhonheimer, Paolo G. Carozza

Journal Articles

Article by Martin Rhonheimer, translated by Paolo G. Carozza.

Tribal Court Praxis: One Year In The Life Of Twenty Tribal Courts, Nell Jessup Newton

Journal Articles

For a presentation, I read the eighty-five cases published in the Indian Law Reporter during 1996. I was struck by the diversity of the issues, the difficulty, complexity and subtlety of the choice of law, and other procedural and substantive issues addressed. I was most impressed by the richness of the dialogue in tribal court opinions—a dialogue between the court and the tribal councils, tribal people, and members of the bar. One may also read the opinions as initiating a conversation with the general public. A conversation requires listening, however.

In this article, I will bring to light the work …

The Jurisprudence Of John Howard Yoder, Thomas L. Shaffer

Journal Articles

John Howard Yoder, prophet and theologian, died in his office at Notre Dame on December 30, 1997, the day after his seventieth birthday. Peter Steinfels's obituary in the New York Times of January 7, 1998, described my friend and colleague Yoder as "a Mennonite theologian whose writings on Christianity and politics had a major impact on contemporary Christian thinking about the church and social ethics." Steinfels did not describe Yoder's thought as jurisprudence; neither, for that matter, did Yoder. But there was (and is), throughout Yoder's scholarship, an implicit theology of law, a jurisprudence. A jurisprudence that is particularly noticeable …

The Compromise Of '38 And The Federal Courts Today, John H. Robinson

Journal Articles

In 1998 the legal community of the United States should stop and take stock of two epochal events in the history of the federal judicial system. One of those events, as readers of a procedure symposium do not need to be told, is the sixtieth anniversary of the introduction of the Federal Rules of Civil Procedure. I shall have more to say about that event presently, but I want first to devote a few paragraphs to a second event, one which proceduralists ignore at their peril. The event I have in mind is the initiation of a new era of …

Euthanasia, Morality, And Law, John M. Finnis

Journal Articles

"Arguments for legalising euthanasia rely on claims about autonomy rights, or claims about political pluralism, or on both sorts of claim. My response will make three main points. First, those demanding this legalisation have shirked their elementary obligation to describe the alleged right, identify who has it, and delineate its boundaries as a right supposed to trump other goods, interests, and the wellbeing or rights of others. Second, they have neglected, or at best hugely underestimated, the casualties who would be, and in some places already are being, created by the success of their campaign. Third, they proceed on an …

Moving Violations: An Examination Of The Broad Preemptive Effect Of The Carmack Amendment, Jeanne M. Kaiser

Faculty Scholarship

This Article addresses the general principles of preemption, and describes the history, purpose and language of the Carmack Amendment. The Article then demonstrates that at the time the amendment was passed, Congress had no intention of preempting claims based on moving industry misconduct. Part II discusses the constitutional principles that govern application of the law of federal preemption and describes how application of preemption in Carmack Amendment cases has diverged from the overall application of preemption principles in other areas of congressional legislation. Finally, Part III argues that the courts have improperly granted the moving industry carte blanche to deceive …

Comment On The Supplemental-Jurisdiction Statute: 28 U.S.C. § 1367, Arthur D. Wolf

Faculty Scholarship

This Article discusses the supplemental-jurisdiction statute of 1990, 28 U.S.C. § 1367, which has generated more commentary than perhaps any other jurisdictional section. Together, § 1331, which traces its history to the Judiciary Act of 1875, and § 1332, which dates back to the Judiciary Act of 1789, did not undoubtedly promote more examination in their first eight years of existence. One might speculate why § 1367 has been the focus of so much commentary, largely critical: critical of the speed with which § 1367 was enacted, critical of the narrow range of persons involved in its drafting, critical of …

Banking In North America: The Triumph Of Public Choice Over Public Policy, Eric J. Gouvin

Faculty Scholarship

This Article examines the state of cross-border banking in the NAFTA countries and the question of whether member country banks should be permitted to branch freely throughout North America. Under present law, the United States permits foreign banks to branch into its territory subject to extensive restrictions, Canada has indicated that it plans to eliminate some restrictions on foreign branching, and Mexico continues to permit access to its banking markets only by investment in or establishment of an institution chartered in Mexico. Article 1403(3) of the NAFTA left the issue of cross-border branching open to subsequent negotiation. If the decision …

Evidence, Economics, And Ethics: What Information Should Jurors Be Given To Determine The Amount Of A Punitive Damage Award?, David Crump

Maryland Law Review

No abstract provided.

"Multiracial" Discourse: Racial Classifications In An Era Of Color-Blind Jurisprudence, Tanya Katerí Hernández

Maryland Law Review

No abstract provided.

The Futility Of Futility?: On Life, Death, And Reasoned Public Policy, Mark Strasser

Maryland Law Review

No abstract provided.

In Memoriam: John R. Hargrove, Sr., Robert M. Bell, Marshall A. Levin, Harry S. Johnson, Sharon A.H. May

Maryland Law Review

No abstract provided.

In Memoriam: Frank A. Kaufman, Shale D. Stiller, Andre M. Davis, William L. Reynolds

Maryland Law Review

No abstract provided.

The Limits Of Charity Fiduciary Law, Evelyn Brody

Maryland Law Review

No abstract provided.

Batson Ethics For Prosecutors And Trial Court Judges, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.

Punitive Awards After Bmw, A New Capping System, And The Reported Opinion Bias, Theodore Eisenberg, Martin T. Wells

Cornell Law Faculty Publications

Capping punitive damages awards is a centerpiece of the tort reform movement. According to the American Tort Reform Association, as of June 30, 1996, forty-three states allowed punitive damages awards. Of these, twenty-nine states impose no caps on punitive damages and fourteen impose some form of cap. In states that cap punitive awards, the preferred method is to employ a simple multiple of the compensatory award. Eleven states rely on a multiple of the compensatory damages award. The most popular multiple is three times the compensatory award, but this is used by only five states. The capping multiples range from …

Epa's Hazardous Waste Identification Rule For Process Waste (Hwir-Waste) Gone Haywire, Again, Christopher J. Urban

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Encouraging Industry In Order To Preserve Non-Commercial Property, Katherine X. Vasiliades

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Numero Special Presente A L'Occasion Du Cinquantieme Anniversaire De La - Declaration Americaine Des Droits Et De Devoirs De L'Homme, Juan E. Mendez, Javier Mariezcurrena, Denis Racicot

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Notes On Pki And Digital Negotiability: Would The Cybercourier Carry Luggage, Walter Effross

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Pensions And Productivity, Stuart Dorsey, Christopher Mark Cornwell, David A. Macpherson

Upjohn Press

Employers typically view their investment in pension plans as a means of providing retirement income for their workers. Economists, on the other hand, view pension programs as a way to increase workplace productivity. Dorsey, Cornwell and Macpherson explore the theoretical and empirical basis for this perspective and, in the process, offer a complete and up-to-date discussion on the productivity theory of pensions.

No Contest: Corporate Lawyers And The Perversion Of Justice In America, Douglas M. Branson

Case Western Reserve Law Review

No abstract provided.

Missing Persons: Children In The Tax Treatment Of Marriage, John F. Coverdale

Case Western Reserve Law Review

No abstract provided.

Hybrid Personal Jurisdiction: It's Not General Jurisdiction, Or Specific Jurisdiction, But Is It Constitutional ?, Linda Sandstrom Simard

Case Western Reserve Law Review

No abstract provided.

What Happens When Air Bags Kill: Automobile Manufacturers' Liability For Injuries Caused By Air Bags, Patrick J. Norton

Case Western Reserve Law Review

No abstract provided.

Death For Sale: A Call To Regulate The Viatical Settlement Industry, Joy D. Kosiewicz

Case Western Reserve Law Review

No abstract provided.