Digital Commons Network^™

Evidence For Proximal Control Of Ligand Specificity In Hemeproteins: Absorption And Raman Studies Of Cryogenically Trapped Photoproducts Of Ligand Bound Myoglobins, Mark R. Chance

Faculty Scholarship

The absorption and resonance Raman spectra of cryogenically trapped photoproducts of oxy and carboxy derivatives of myoglobin (Mb) are compared and analyzed in an attempt to understand the structural basis for ligand specificity in hemeproteins. Pulsed and cw excitations over a wide temperature range are used in order to differentiate between kinetic hole burning (KHB), optical pumping of structural relaxation, and spontaneous relaxation effects. Using these techniques, we are able to correlate changes in the absorption spectrum (band III at ≈ 760 nm) with low-frequency Raman bands. Based on these correlations we are able to determine which proximal heme pocket …

Racial Discrimination In Business Transactions, Robert E. Suggs

Faculty Scholarship

When the Supreme Court invalidated a municipal minority business set-aside in City of Richmond v. J.A. Croson Co., it failed to recognize the special circumstances confronting the minority entrepreneur. Contrary to the Court’s own erroneous assertion that “[s]tates and their local subdivisions have many legislative weapons at their disposal both to punish and prevent present [business] discrimination ….” – they do not. Nor can they create effective antidiscrimination remedies as a practical matter. As a result that decision leaves minority business owners vulnerable to discrimination from other business firms but without a remedy. Part I identifies the glaring failure …

A Tale Of Two Professions: The Third-Party Liability Of Accountants And Attorneys For Negligent Misrepresentation, Gary S. Lawson, Tamara Mattison

Faculty Scholarship

To whom does a professional owe a duty of care when providing professional services?1 The traditional answer, grounded in principles of contractual privity, is that professionals are liable for negligence to their clients, and perhaps to third-party beneficiaries of the client-professional relationship, but that their noncontractual obligations generally extend no further than a duty not to commit fraud.2 In the past two decades, however, courts have become increasingly willing to hold a wide range of professionals liable for their negligence to parties outside the chain of privity. 3 The accompanying growth of third-party4 lawsuits alleging professional negligence and in particular …

Star Gazing: The Future Of American Products Liability Law, Aaron Twerski, J. A. Henderson

Faculty Scholarship

No abstract provided.

Closing The American Products Liability Frontier: The Rejection Of Liability Without Defect, Aaron Twerski, J. A. Henderson

Faculty Scholarship

No abstract provided.

Federalism And The Prevention Of Groundwater Contamination, Denise D. Fort

Faculty Scholarship

Pending

The Pending Gauntlet To Free Exercise: Mandating That Clergy Report Child Abuse, Michael T. Flannery

Faculty Scholarship

No abstract provided.

Operation Rescue - Was The Justice Dept. Right To Intervene In Wichita?, Gary S. Lawson, Celeste Lacy Davis, Eve W. Paul

Faculty Scholarship

Discussion of Operation Rescue attempt to shut down abortion clinic in Wichita, KS in August 1991, and ensuing decision of U.S. District Judge Patrick Kelly, as well as intervention of Justice Department. A debate-style article with "pro" side written by Gary Lawson and "con" side written by C.L. Davis & E.W. Paul.

Real Property: 1991 Survey Of Florida Law, Ronald B. Brown

Faculty Scholarship

No abstract provided.

Checks Without Balance: Executive Office Oversight Of The Environmental Protection Agency, Robert V. Percival

Faculty Scholarship

No abstract provided.

Of Posin And Pigs, Of Coase And Cost, Of Profits Gained And Opportunities Lost, Stephen G. Marks

Faculty Scholarship

In his article, "The Coase Theorem: If Pigs Could Fly," Professor Daniel Posin purports to demonstrate that the Coase Theorem fails because it incorrectly accounts for opportunity costs. This short paper will demonstrate that there is a mistake in the example Posin uses to prove his assertion. Although the mistake is a small one, it completely drives his result. In fact, after correcting the mistake, Posin's example corroborates, rather than refutes, the Coase Theorem.

The Private Attorney General Meets Public Contract Law: Procurement Oversight By Protest, Robert Marshall, Michael J. Meurer, Jean-Francois Richard

Faculty Scholarship

In this Article, protests are analyzed, from both an economic and legal perspective, as a decentralized mechanism for oversight of the competitive procurement process. Attention focuses on the protest process at the General Services Administration Board of Contract Appeals (hereinafter "the Board" or "GSBCA"). It is argued that protests are an effective means of deterring and correcting agency problems among procurement personnel and, consequently, accomplishing the procurement objectives of the government. Drawbacks of the protest process are identified, explanations are offered for the existence of these negative side effects, and solutions are proposed. In addition, protests are compared to centralized …

The Violence Of Privacy, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

The Second Circuit's Role In Expanding The Sec's Jurisdiction Abroad, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Greenmail, The Control Premium And Shareholder Duty, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

L'Harmonie Dissonante: Strict Products Liability Attempted In The European Community, Anita Bernstein

Faculty Scholarship

No abstract provided.

Choosing Federal Court For Determination Of State Law Questions, Ted Occhialino

Faculty Scholarship

The combined effect of Erie R. R. Co. v. Tompkins, 304 US. 64, 82 L Ed. 1188, 58 S. Ct 817 (1938) and proliferating certification statutes is to diminish, but not eliminate, the advantage that a litigant might gain from having a federal Judge, rather than a state court, construe state law. There continue to be cases in which the opportunity for a more favorable interpretation of state law in federal court will be an important and possibly determinative factor in choosing a federal court for the resolution of claims based upon state law. The possibility of a favorable "Erie …

Through The Looking Glass Darkly: Cleveland V. Piper Aircraft And Second Collision Liability, David J. Stout

Faculty Scholarship

The holding in Clevland v. Piper Aircraft Corpororation is in direct conflict with the analysis for the tort of crashworthiness and operates to undermine the fundamental social policies which formed the basis for the tort of crashworthiness. A thorough understanding of the Tenth Circuit's opinion, which is not binding on New Mexico state courts, and the reasons why the court misconstrued New Mexico law is essential for the successful prosecution of a crashworthiness case

The Second Circuit's Role In Expanding The Sec's Jurisdiction Abroad, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

The Archipelagic States Concept And Regional Stability In Southeast Asia, Charlotte Ku

Faculty Scholarship

For the Philippines and Indonesia, adoption by the Third Law of the Sea Conference in the 1982 Law of the Sea Convention (1982 LOS Convention) of Articles 46-54 on "Archipelagic States," marked the capstone of the two countries' efforts to win international recognition for the archipelagic principle. For both, acceptance by the international community of this principle was an important step in their political development from a colony to a sovereign state. Their success symbolized independence from colonial status and their role in the shaping of the international community in which they live.

Introduction: The Right To Die After Cruzan, Diane E. Hoffmann

Faculty Scholarship

No abstract provided.

Of Mice But Not Men: Problems Of The Randomized Clinical Trial, Samuel Hellman, Deborah Hellman

Faculty Scholarship

No abstract provided.

International Securities Regulation: London's "Big Bang" And The European Securities Markets, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Copyrights And State Liability, Beryl R. Jones-Woodin

Faculty Scholarship

No abstract provided.

The Kingdom Of Pal: A Parable Of Tax Shelters And The Passive Activity Loss Rules, Daniel S. Goldberg

Faculty Scholarship

No abstract provided.

Real Property-Florida Supreme Court Survey, Ronald B. Brown

Faculty Scholarship

No abstract provided.

Monologue Or Dialogue In Management Decisions: A Comparison Of Mandatory Bargaining Duties In The United States And Sweden, Timothy A. Canova

Faculty Scholarship

Management and labor are adversaries in both U.S. and Swedish industrial relations. The Swedish model, however, is marked by a continual dialogue between the adversaries with the objective of achieving mutual understanding on a wide range of issues. This dialogue has been fostered by Swedish labor law reforms, particularly the Swedish Act on Co-Determination, along with a comprehensive labor market policy to promote employment. The result of such reasoned dialogue is greater labor support for industrial restructurings and management support for the technological modernization of industry. The American system could better be characterized as a monologue. In the U.S. the …

Redefining The Legacy Of Mina Shaughnessy : A Critique Of The Politics Of Linguistic Innocence., Min-Zhan Lu

Faculty Scholarship

This article examines Mina Shaughnessy's Errors and Expectations in light of current discourse theories which posit language as a site of struggle among competing discourses. It finds Shaughnessy's analyses and recommended pedagogies dominated by a view of language as a politically innocent vehicle of meaning. The author argues that this view of language leads Shaughnessy to overlook basic writers' need to confront the dissonance they experience between academic and other discourses, which might undercut her goal of helping students achieve the "freedom of deciding how and when and where to use which language." The author further argues that to pursue …

The First Amendment At Home And Abroad, Pnina Lahav

Faculty Scholarship

The powerful appeal of the First Amendment flows from the rhetoric it has inspired. Holmes's "[W]hen men have realized that time has upset many fighting faiths, they may come to believe ... that the best test of truth is the power of the thought to get itself accepted in the competition of the market"; Brandeis's " ... the greatest menace to freedom is an inert people; ... order cannot be secured merely through fear of punishment for its infraction; ... it is hazardous to discourage thought, hope and imagination; fear breeds repression; ... repression breeds hate; ... hate menaces stable …

Court-Ordered Adr: What Are The Limits?, Nancy A. Welsh

Faculty Scholarship

Increasingly, courts across the country are turning to non-judicial dispute resolution processes - "alternative dispute resolution" or "ADR" - to handle overwhelming caseloads.' Proponents of non-judicial processes state that ADR benefits courts and litigants by reducing the time between the filing and disposition of cases, saving judges' time so that they are available for the cases that really need them, saving money for the parties to the suit, and perhaps most importantly, increasing litigants' satisfaction with the manner in which their disputes are resolved.

A growing body of empirical evidence has begun to support the proponents' claims. A study of …