Article

“Forward”

Article

Cynicism, Reconsidered

Pauline T. Kim
Occasionally I encounter among students the suspicion that law is nothing but politics. In the field in which I teach-employment law-this attitude amounts to the cynical belief that if judges (or at least those judges hostile to workers) can possibly find a way for the employee to lose and the employer to win, they will do so. While I must admit my own misgivings about the extent to which doctrine…
Note

Caller Intellidata: Privacy in the Developing Telecommunications Industry

Paul Henroid
Article

ERISA’s Curious Coverage

Peter J. Wiedenbeck
The regulation of employee benefits entails a delicate balance—measures intended to improve the quality of health insurance or retirement programs, if taken too far, deter some employers from providing such benefits at all. Because the availability of benefits depends on employer decisionmaking, ERISA necessarily incorporates cost containment and the preservation of employer flexibility. This article examines the fit between ERISA’s policy goals and existing interpretations of ERISA’s reach. It shows…
Article

A Manual for Law Schools on Adjunct Faculty

Karen Tokarz
In 1991, American Bar Association (ABA) President Sandy D’Alemberte created the ABA Coordinating Committee on Legal Education with the mandate to explore ways to expand the participation of practicing lawyers and judges in American legal education. The committee, composed of representatives from a substantial number of ABA sections and a roughly equivalent number of law school professors, focused on the role of part-time and adjunct faculty in American law schools,…
Article

Some Thoughts on Rebuilding African State Capability

A. Peter Mutharika
Communism has collapsed, the United States is now the only superpower, and modem information technology has created a global neighborhood. As American capital and technology seek foreign markets, the viability of the world’s second largest continent should be of at least some interest to the American lawyer. I want to talk about what the World Bank in its 1997 World Development Report has called a “Crisis of Statehood-A Crisis of…
Article

The Interface Between International Intellectual Property and Environmental Protection: Biodiversity and Biotechnology

Charles R. McManis
The Trade-Related Aspects of Intellectual Property Rights (“TRIPS”) Agreement, part of the Final Act of the Uruguay Round of Multilateral Trade Negotiations, concluded on December 15, 1993. It seeks to strengthen international intellectual property protection in order to promote world trade. TRIPS also seeks to stimulate rapid international economic development that will likely produce a virtual technological transformation of human society and perhaps much of the natural world. In contrast,…
Article

Refugees, Administrative Tribunals, and Real Independence: Dangers Ahead for Australia

Stephen H. Legomsky
Few would deny that one core ingredient of any successful justice system is the independence of those who adjudicate cases. As will be evident, I believe that Australia’s system of administrative justice is in grave danger as a result of dramatic recent threats to the independence of key adjudicators. While these events have taken place in the immigration and refugee context, the ominous implications are far broader.
Article

Raising a New First Amendment Hurdle for Campaign Finance “Reform”

D. Bruce La Pierre
Proposals to regulate campaign contributions and candidates’ spending invariably fly the banner of campaign finance “reform.” The reformers, however, frequently have little or no evidence that particular campaign practices cause any real harm. Instead, they simply posit the existence of the disease-the corrosive effects of money on the political process-and assume that restrictions on the use of money will provide the cure. In Missouri, for example, both the legislature and…
Article

“Instant Tradition”—A Challenge to Legal Education in the Twenty-First Century

Richard B. Kuhns
Anheuser-Busch Hall, the new home of Washington University School of Law, is a huge squarish structure that creates an imposing presence at the northwest corner of the hilltop campus. The facade of pink granite and limestone attempts to mimic the collegiate Gothic style of other campus buildings, and the interior with its abundance of dark wood doors, beams, tables, and carrels is suggestive of the Inns of Court. All in…
Article

Ten Myths About Law School Grading

Daniel L. Keating
The myths that I describe below are held by students, faculty, employers, or some combination of the three. With each myth, I will endeavor to describe its content, its likely genesis, and then the countervailing truth about the same subject. I will begin with the myths that are primarily student-held and then proceed to describe faculty-held myths about law school grading.
Remark

Professionalism

Sandra Day O'Connor
Article

Skepticism and School Desegregation

Bradley W. Joondeph
While I still believe strongly that integration is a goal worth pursuing, both for intrinsic and instrumental reasons, I question the wisdom of continuing to pursue desegregation through the federal courts into the indefinite future. My skepticism is based on three principal conclusions. First, the objectives attainable through the continuation of court-ordered desegregation are extraordinarily limited compared to the enormity of the problem of racial disparities in public education. Second,…
Article

Confessions of a Hard-Hat Junkie: Reflections on the Construction of Anheuser-Busch Hall

Michael M. Greenfield
In this Article I will describe the process by which the Washington University School of Law has come now to occupy Anheuser-Busch Hall. By doing so, I hope to provide some insight and assistance to those at other schools who face similar projects.
Article

Translating Freedom for Post-1997 Hong Kong

Frances H. Foster
This Article explores possible approaches China might use to define Basic Law freedoms for post-1997 Hong Kong. It focuses specifically on the People’s Republic of China (“P.R.C.”) interpretation of one such freedom- “freedom of the press.” Part I identifies and considers six techniques recently proposed by Hong Kong, Chinese, and foreign commentators, which I call the strict literalist approach, the integrated constitution approach, the law on the books approach, the…
Article

Fighting for Truth, Justice, and the Asymmetrical Way

Barbara J. Flagg and Katherine Goldwasser
For many, symmetry in law enjoys nearly the same status as mom, baseball, and apple pie: it is of the essence of the American way of life. Law would not be law as we know it without the requirement of evenhandedness; justice as we envision her is blindfolded, so as not to see who stands before her. Nevertheless, in the course of our careers (such as they are) in legal…
Article

Law Matters

John N. Drobak
Neoclassical economic theory has attributed modem economic growth to a combination of factors: human capital (the amount and skill of labor), physical capital (machines, factories, agricultural improvements, etc.), natural resources, technology (human command over nature), and the stock of knowledge (the understanding of the natural environment). Over the past few decades, some economists have begun to emphasize the importance of one additional component: institutions. These are the “rules of the…
Article

Hearing Voices: Why the Academy Needs Clinical Scholarship

Clark D. Cunningham
The following Article is a lightly edited transcript of remarks made on October 14, 1995 at the annual meeting of the Central States Law School Association at St. Louis University School of Law. A few hours before my presentation, I learned that Herbert Eastman, director of clinical education at St. Louis University, had died. Herb had been diagnosed with cancer a few months earlier; he was forty-four when he died.…
Article

Wetlands Reform and the Criminal Enforcement Record: A Cautionary Tale

Anecdotal narratives about environmental criminal enforcement policies and records are suspect. Their often distorted pictures of reality can lead to exaggerated claims about the existence or dimensions of problematic criminal enforcement issues. Uncritically accepted as true, those claims can provide a seemingly credible basis for misguided proposals that have the potential to do more harm than good. In the case of wetlands criminal enforcement, the anecdotal narrative would have us…
Article

My Two Cents on Changing Times

David M. Becker
In this Article, I provide an overview of changes that have taken place at Washington University over the course of his 35 years of tenure, including changes in the curriculum, the makeup of the faculty and student bodies, and the law school building itself.
Article

Legal History and Legal Scholarship

Stuart Banner
I wish to suggest that the legal history written today is similar in one important respect to today’s most highly esteemed forms of conventional legal scholarship, and that this similarity is paradoxically the reason for the familiar gulf between the two. By conventional legal scholarship, I mean work appearing in law reviews that falls comfortably within the disciplinary conventions of academic law, work that does not purport to straddle the…
Article

Assisted Suicide and Reproductive Freedom: Exploring Some Connections

Susan Frelich Appleton
The connections between these issues are sure to be explored anew now that the Supreme Court has decided Washington v. Glucksberg and Vacco v. Quill, rejecting both due process and equal protection challenges to assisted suicide bans while purporting to leave undisturbed existing abortion precedents. This Article takes a brief look at three particular connections between the assisted-suicide cases and reproductive freedom. Part I examines the two-part test for substantive…