Tyrell Williams Memorial Lecture

The Once and Future Law

Shirley M. Hufstedler
This essay reflects on the changing world of law and suggests several implications for legal education and legal institutions. Recognizing emerging technological advances and demand for increasingly specialized work, the article recommends a particular direction for legal curricula.

Political Correctness and the American Law School

Steven C. Bahls
In this Essay I ask whether Political Correctness is a problem in law schools. Specifically, I study whether law professors present their political beliefs in an intolerant fashion, thereby stifling debate and the learning process. I conclude that Political Correctness is indeed a problem at law schools. Finally, I offer suggestions on how to minimize the problem, while at the same time allowing and encouraging professors to express their political…

The Represented Client in a Settlement Conference: The Lessons of G. Heileman Brewing Co. v. Joseph Oat Corp.

Leonard L. Riskin
My aim in this Article is to provide background, along with some modest suggestions, that could assist judges, lawyers, and clients in determining when and how clients should participate in settlement discussions. Part I begins with a history of the case. It then sets out various perspectives that litigants, lawyers and judges commonly bring to settlement conferences, perspectives on lawyer-client relations, negotiation, and the role of the judicial host. Next,…

Full Disclosure, Market Discipline, and Risk Taking: Rethinking Confidentiality in Bank Regulation

James R. Doty, Miriam J. Goldstein and David C. Mahaffey

The New Junkyard of Corporate Finance: The Treatment of Junk Bonds in Bankruptcy

Richard E. Mendales
Section I defines, for purposes of this Article, the broad class of instruments called “junk bonds.” Section II then describes the debt/equity classification problem and why it now assumes importance in the bankruptcy arena. Section III discusses the sources of authority enabling bankruptcy courts to re-characterize junk bonds as equity when appropriate. Section IV analyzes the theoretical bases for categorizing junk bonds. Section V provides a road map through the…

Foster Parent Liability Under Section 1983: Foster Parents’ Liability As State Actors for Abuse to Foster Children

Terrence J. Dee