Tyrell Williams Memorial Lecture

Thurgood Marshall: Man of Character

James O. Freedman
As a result of his historic achievements, Thurgood Marshall changed the face of America. Although the changes have not been so swift in recent years as they were at the height of Marshall’s career, progress will continue and the direction is certain. In the end, that progress toward the achievement of equality for all will be Thurgood Marshall’s greatest legacy. Thurgood Marshall’s life was a unique conjunction of person and…
Article

The Damaging Impact of the Eastman Kodak Precedent Upon Product Competition: Antitrust Law in Need of Correction

Daniel J. Gifford
Article

Future Nonadvance Obligations: Preferences Lost in Metaphor

F. Stephen Knippenberg
Part I outlines the elements of the debate in conventional terms. Part II offers an overview of the Experientialist epistemology and the role it assigns to metaphor in thought. The overview prepares the way for an explication in Part III.A. of the metaphoric concepts by which Article 9 is understood. Part III.B. makes explicit the underlying metaphoric concepts inherent in the opposing doctrinal positions taken in the Coogan- Gilmore debate…
Article

Fifth Amendment Compelled Statements: Modeling the Contours of Their Protected Scope

Kate E. Bloch
If there is a principled framework that explains the current doctrine treating compelled statements, the first step in evaluating that treatment is to unearth and articulate the framework. The primary focus of this Article is to initiate that step. Once unearthed, a framework provides a common language and a motivation for courts to explain their reasoning in arriving at disparate levels of protection. Clearer explanations improve dialogue and understanding, both…