Law Commons^™

Rights, Wrongs, And Recourse In The Law Of Torts, Benjamin C. Zipursky

Vanderbilt Law Review

Cardozo's opinion in Palsgraf v. Long Island Railroad Co.' hinges on a stark assertion about rights and wrongs: A plaintiff has no right of action unless she can show "'a wrong' to herself; i.e., a violation of her own right." Cardozo himself made this principle the core of his analysis, yet scholars typically regard it as impenetrable, circular, vacuous, or, as Posner put it, "eloquent bluff." Small wonder, then, that readers typically turn to "reasonable foreseeability" as the essence of the case. Leading scholars treat Palsgraf as a proximate cause case, despite Cardozo's pronouncement that "W[the law of causation, remote …

Deconstructing Homo[Genous] Americanus: The White Ethnic Immigrant Narrative And Its Exclusionary Effect, Sylvia R. Lazos

Scholarly Works

This Article examines why the assumption of sameness is so pervasive in our society, and why the very idea of diversity is so resisted. The assumption and the corollary mandate to be the same are embedded in American cultural ideology, in how Americans think of themselves, in the stories that we tell regarding who we are and where we come from, in how we construct our values and norms, and in how Americans make sense of our chaotic social world. The assumption and mandate of sameness not only influence American culture, they also guide judges' thinking and decision-making in key …

The Relevance Of Religion To A Lawyer's Work: Legal Ethics, Leslie C. Griffin

Scholarly Works

No abstract provided.

The Conflict Between Species In An Ever More Crowded World, Jane Goodall

Animal Law Review

No abstract provided.

Another Weapon For Combating Family Violence: Prevention Of Animal Abuse, Charlotte Lacroix

Animal Law Review

Dr. Lacroix discusses the correlation between different forms of family violence and suggests that family pets are just an­other victim. Dr. Lacroix proposes that stronger animal an­ticruelty laws may be part of the solution to reducing family violence because they enhance the likelihood of detection of an offender's abusive behavior.

Oregon Dog Control Laws And Due Process: A Case Study, Christopher C. Eck, Robert E. Bovett

Animal Law Review

Mr. Eck and Mr. Bovett examine the inequities and inconsis­tencies in Oregon dog control laws and due process concerns arising from them. The authors outline constitutional require­ments that need to be enforced to ensure protection against unreasonable government actions in cases involving these laws.

Recovery Of Common Law Damages For Emotional Distress, Loss Of Society, And Loss Of Companionship For The Wrongful Death Of A Companion Animal, Steven M. Wise

Animal Law Review

Mr. Wise analyzes experiential recognition of the bond that ex­ists between human companions and companion animals in the context of possible recovery of tort damages for the wrongful death of a companion animal. He demonstrates that companion animals are often seen by their human companions as members of the family (holding much the same status as children). He discusses historical aspects of the common law as they relate to current tort law in such cases and examines the tension that exists between principle and policy.

Dolphin-Safe Tuna: The Tide Is Changing, Kristin L. Stewart

Animal Law Review

Ms. Stewart reviews the history of the tuna-dolphin contro­versy in the Eastern Pacific Ocean. She explores international agreements and U.S. law that mandate dolphin-safe tuna fish­ing practices. Finally, Ms. Stewart reviews the steps taken by the United States, including embargoes against other coun­tries' tuna, to force tuna-fishing nations to use dolphin-safe practices.

The Fruits Of Our Labor: Results From The First Session Of The 105th Congress -- 1997 Federal Legislative Summary, Nancy Perry

Animal Law Review

Ms. Perry outlines the actions taken on animal issues during the first session of the 105th Congress and discusses the weak consideration and lack of progress made in much of the legis­lative agenda in is this area. She also provides a current legislative update for each bill involved.

"Save The Whales" V. "Save The Makah": The Makah And The Struggle For Native Whaling, Richard Kirk Eichstaedt

Animal Law Review

In 1997 the International Whaling Commission approved a quota for the Makah Indian Tribe to hunt four gray whales per year, culminating years of legal wrangling and political maneu­vering by all of the concerned parties. Mr. Eichstaedl examines the history of the Makah whaling rights from the Tribe's treaty with the United States in 1855 to the present-day battles with Congress and the IWC. This unfolding story pits a species of whale once on the brink of extinction, against Native Ameri­cans re-asserting a centuries-old custom.

Can Nonhuman Animals Find Tort Protection In A Human-Centered Common Law?, Enger Mccartney-Smith

Animal Law Review

Section 870 of the Restatement (Second) of Torts provides a method by which a court might extend private intentional tort rights to nonhuman animal plaintiffs. Given our current scien­tific and experiential understanding of many species, com­bined with existing court procedures to ease administrability, such an extension of tort law is mandated.

If Animal Rights Activists Could Write Federal Research Policy, Vasanth R. Shenai

Animal Law Review

Mr. Shenai examines animal rights in the context of federal animal testing. After discussing current federal research policy and the positions held by animal rights advocates, he proposes a new statute to accommodate all interests in society as well as the rights of the animals being considered for testing.

The Sky Is Still Blue In Texas: State Law Alternatives To Federal Securities Remedies, Keith A. Rowley

Scholarly Works

Recent actions by the United States Supreme Court and by Congress have reduced the number of avenues by which plaintiffs relying on federal law may pursue alleged wrongdoers for securities fraud and have imposed significant additional requirements on plaintiffs suing in federal court to recover from securities fraud. As a consequence, persons who claim injury from some material misrepresentation or omission in the purchase, sale, offer for purchase, or offer for sale securities, or who have suffered as a consequence of some other impropriety relating to such transactions, may find better options available in state court or under state law …

Judge William B. Jones And Judge Edward A. Tamm Judicial Lecture Series, E. Edwin Eck

Faculty Law Review Articles

This article is a tribute to the two federal judges in whose memory the Judge William B. Jones and Judge Edward A. Tamm Judicial Lecture Series is named. The Judicial Lecture Series, held at the University of Montana School of Law, is designed to engage students, faculty, practicing lawyers, and judges in study and discussion leading to an enhanced understanding of our judicial system and the roles of attorneys and judges in that system.

Not In My Backyard: The Clash Between Native Hawaiian Gathering Rights And Western Concepts Of Property In Hawaii, Samuel J. Panarella

Faculty Law Review Articles

This article examines the uneasy truce that exists between Western property law and the original Hawaiian native gathering practices that existed before the arrival of Europeans. The author traces the development of Hawaiian law from early cases that severely restricted gathering rights to more permissive results. The article demonstrates both the strengths and weaknesses of the present system of land tenure in Hawaii and argues for the continued expansion of native Hawaiian gather rights providing such expansion takes place within, not outside of, the dominant fee simple land tenure system now in place in Hawaii.

Peremptory Pragmatism: Religion And The Administration Of The Batson Rule, A. C. Johnstone

Faculty Law Review Articles

This article argues that religion-based peremptory challenges, while avoiding substantial administrative and privacy costs, allow litigants to strike potentially biased jurors and thus vindicates the Constitution's guarantee of a trial by an impartial jury. Part I explains the pragmatic value of the peremptory challenge and how courts accommodate the peremptory challenge under equal protection principles as applied to race, sex, and other personal characteristics. Part II describes the Minnesota Supreme Court's refusal to extend Batson to religion in State v. Davis, and other courts' approaches to the religion question before and after the Supreme Court denied certiorari to Davis …

Unreasonable Risk: Model Rule 1.6, Environmental Hazards, And Positive Law, Irma S. Russell

Faculty Law Review Articles

This article explores the disjuncture of positive law and the duty of confidentiality as formulated by Model Rule 1.6. Its central purpose is to question the decision to exclude positive law from the framework of analysis created by the Rule.

Part II summarizes the duty of confidentiality owed to clients by attorneys. Part III examines Model Rule 1.6. Part IV surveys environmental statutes, noting the strong public policy in favor of protection against environmental hazards. Part V explores common law liability, noting the effect of recent developments in the law, such as the abrogation of the bar of privity and …

The Americans With Disabilities Act: Is It The Next Civil Rights Movement?, Edwina H. Wallace

Theses

This thesis will focus on the plight of disabled individuals. Many, many years ago, people with disabilities were looked upon as being demons or as being some cruel misfortune of nature. As time progressed, our views were not as naïve but the understanding and the empathy were not present.

Since the inception of The Americans with Disabilities Act, employers have been forced to open their doors to a new group of working individuals. The ADA laws have not only allowed individuals to become employed, but have opened doors in other areas as well. It is no longer difficult for disabled …

Law Library Guide 1998–1999, Kresge Law Library, Research Services Department

Law Library Guide

The Kresge Law Library Guide's informative content includes: library services, policies, and physical layout.

Task Force Statement Of The Twentieth Century Fund's Task Force On Apprehending Indicted War Criminals: Meeting The Obligations Of Justice, Paul Williams

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Hard Numbers Vs. House Rules: Uniformity In The Bankruptcy Code And Its Application, Walter Effross

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Creating International Space For Taiwan: The Law And Politics Of Recognition, Paul Williams

Scholarly Articles in Law Reviews & Journals

Is Taiwan an entity with an international legal personality entitling it to a certain degree of international space? Or is it an integral political unit of China? The task of this presentation is to analyze the potential legal and political reaction to an attempt by Taiwan to move its current status over the cusp and into the realm of independence, or an alternative attempt by China to back down Taiwan into a one China with the one system policy.

The Legal Architecture Of Virtual Stores, Walter Effross

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: A major "selling point" of the World Wide Web is its ability to offer a "virtual storefront" to anyone, from an individual to a multinational corporation, with a product to market. Commercially available software packages enable even those computer users who are not versed in the intricacies of programming to create customized Web sites quickly, and at a relatively low cost. The swift development of this technology and a cultural shift towards encouraging on-line commerce have led to dramatic growth in the demographics and dollar amounts of the on-line marketplace, which in turn offers a challenging new context for …

Exploring The Concept Of Post-Tenure Review In Law Schools, Ira Robbins

Scholarly Articles in Law Reviews & Journals

Introduction: Faculty in American law schools and universities often view the award of tenure as an inviolate guarantee of job security.' From this perspective, any attempt to monitor the level and quality of a tenured professor's work infringes on academic freedom. Recently, however, academics have argued that shielding the performance of tenured faculty from serious review potentially may be a disservice to the academic institution. Critics complain that schools sacrifice professional accountability when deficient performance goes undetected and uncorrected.

Towards A Model Penal Code, Second (Federal?): The Challenge Of The Special Part, Gerard E. Lynch

Faculty Scholarship

The Model Penal Code is among the most successful academic law reform projects ever attempted. In the first two decades after its completion in 1962, more than two-thirds of the states undertook to enact new codifications of their criminal law, and virtually all of those used the Model Penal Code as a starting point. The Model Penal Code was influential in a variety of different ways. First, the very notion of a systematic codification of criminal law received a dramatic boost from the Model Penal Code. Apart from the degree to which any particular state recodification resembled the Model Penal …

Immanence And Identity: Understanding Poverty Through Law And Society Research, Frank W. Munger

Articles & Chapters

No abstract provided.

The Appellate Body And Harrowsmith Country Life, Sydney M. Cone Iii.

Articles & Chapters

No abstract provided.

1998-1999 Juris Doctorate Candidates Of The School Of Law, University Of Alabama School Of Law

Juris Doctorate Candidates of the School of Law

No abstract provided.

The Hemp Controversy: Can Industrial Hemp Save Kentucky?, Susan David Demaine

Articles by Maurer Faculty

In the wake of litigation over the responsibility of tobacco companies for harm caused by cigarettes and in the face of increased public hostility toward smoking, Kentucky's tobacco farmers are apprehensive about the future. While not all growers depend entirely on tobacco for their income, the potential shrinking of the tobacco market will have serious ramifications throughout the state. Some farmers are turning to organic vegetable farming, or to com and soybeans as alternative crops, but the potential of industrial hemp as an option remains uncertain. Touted by many as the answer to the tobacco farmer's quandary, industrial hemp remains …

Agony Of The Innocents, Feisal Amin Istrabadi

Articles by Maurer Faculty

No abstract provided.