Digital Commons Network^™

Is Proof Of Statistical Significance Relevant?, David H. Kaye

Faculty Scholarship

The classic treatises on evidence note that the court or jury must weigh the evidence, and upon weighing it, determine whether the plaintiff or the defendant prevails. Some courts, however, have indicated that statistical evidence should not be admitted unless it is subjected to a procedure known as 'hypothesis testing.' There are many rather mechanical procedures for performing these tests and a number of judges, attorneys, and law professors have suggested that hypothesis testing provides an objective, scientific means of settling disputed questions on which statistical evidence is brought to bear. Yet, many circumstances arise in which courts or administrators …

Textbooks, Judges, And Science, Edward J. Larson

Scholarly Works

This Article offers a spectator's guide to this controversy by three central issues in Aguillard. First, the Article examines the persistent interest of both creationists and evolutionists in the content of public-school biology instruction, which is reflected in passage of the Balanced Treatment Act, and the overwhelming, organized opposition to its implementation. Focusing on the impact o science in recent decisions, the second section of the Article reviews judicial responses to the cases spawned by the controversy over creationist and evolutionary instruction. The Article concludes by exploring the central role played by scientific opinion in the legal arguments for and …

Regulating Human Gene Therapy, Judith Areen

West Virginia Law Review

No abstract provided.

A Consent Theory Of Contract, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

We look to legal theory to tell us when the use of legal force against an individual is morally justified. We look to contract theory, in particular, to tell us which interpersonal commitments the law ought to enforce. Contract theory at present, however, does not provide a satisfactory answer to this question. The five best known theories or principles of contractual obligation-the will theory, the reliance theory, the fairness theory, the efficiency theory and the bargain theory each have very basic shortcomings. A consent theory of contract avoids these difficulties while explaining coherent obligation in a plausible and coherent manner.

Generic Competition And Pharmaceutical Innovation: The Drug Price Competition And Patent Term Restoration Act Of 1984, James J. Wheaton

Faculty Publications

This article critiques the Drug Price Competition and Patent Term Restoration Act of 1984. Part I traces the background of the two major sections of the Act by examining the recent trend toward generic competition in the pharmaceutical industry and the need perceived by some industry observers for additional incentives to pharmaceutical research. Part II of the article describes and discusses the sections of the Act designed to benefit the two segments of the pharmaceutical industry. Part III addresses the likely effect of the Act on generic competition, and Part IV provides a parallel analysis for the research-intensive pharmaceutical firms. …

Victim, Offender, And Situational Characteristics Of Violent Crime, Deborah W. Denno

Faculty Scholarship

The examination of offenses rather than offenders in past research often overlooked the importance of offender characteristics and background. Indeed, a growing body of research suggests that the biological or psychological characteristics of offenders may strongly influence the outcome of particular encounters or future offense behavior. For instance, offenders with poor verbal ability or low school achievement scores may be more prone to repeat confrontational violence, irrespective of the characteristics of the victim or the situation of the offense. Thus, it is important to distinguish between those offenders with short or repeat offense histories, and those offenses which do or …

Toxic Tort Litigation And The Causation Element: Is There Any Hope Of Recognition, Ora Fred Harris Jr.

SMU Law Review

No abstract provided.

The Fatal Passage: Exemplary Relief And The Human Instinct For Self-Preservation, Edward Charles Devivo

Journal of Air Law and Commerce

No abstract provided.

The North Carolina Dissent Statutes: The Seeds Of Inequities Germinate, Anne Mayo Evans

Campbell Law Review

This commentary focuses on three of the inequities which result from the present scheme: (1) the discriminatory treatment of a second or successive spouse, (2) the possibility that a surviving spouse may receive a windfall beyond the designated statutory share, and (3) the "loophole" which readily allows disinheritance of the surviving spouse.

Wrong Without A Remedy - North Carolina And The Wrongful Death Of A Stillborn, Susan D. Crooks

Campbell Law Review

This comment ... presents a legal argument supporting a civil action for the wrongful death of some stillborns and suggests that a gestational age of twenty-six weeks represents an appropriate viability standard in interpreting the North Carolina wrongful death statute. It also attempts to bridge the perceptual gap between certain aspects of medical and social sciences and the law regarding the fetus. The argument in support of the twenty-six week viability standard is presented in four parts. First, this comment illustrates why the fetus now enjoys an elevated status in society. Second, it illustrates the devastating impact of a stillbirth …

Reportability Of Exposure To The Aids Virus: An Equal Protection Analysis, Donna Costa

Cardozo Law Review

No abstract provided.

Sterilization Of Mentally Retarded Persons: Reproductive Rights And Family Privacy, Elizabeth S. Scott

Faculty Scholarship

Sterilization is one of the most frequently chosen forms of contraception in the world; many persons who do not want to have children select this simple, safe, and effective means of avoiding unwanted pregnancy. For individuals who are mentally disabled, however, sterilization has more ominous associations. Until recently, involuntary sterilization was used as a weapon of the state in the war against mental deficiency. Under eugenic sterilization laws in effect in many states, retarded persons were routinely sterilized without their consent or knowledge.

Sterilization law has undergone a radical transformation in recent years. Influenced by a distaste for eugenic sterilization …

An Overview Of Health Law Research And An Annotated Bibliography, Richard A. Danner, Claire M. Germain

Faculty Scholarship

No abstract provided.

Family Law Teaching In The No-Fault Era: A Pedagogic Proposal, Noel Zaal

Journal of Legal Education

No abstract provided.

Sex Discrimination In Newscasting, Leslie S. Gielow

Michigan Law Review

This Note argues that the current judicial deference to viewer surveys used by television stations in newscasting employment decisions is unwarranted. Part I explores how different treatment of women newscasters constitutes sex-plus discrimination. Part II demonstrates that viewer surveys almost always reflect sexual stereotypes that are impermissible under title VII, and argues that such surveys should be presumptively inadmissible as evidence to rebut a claim of sex discrimination. Indeed, mere use of these surveys may in and of itself establish a prima facie case of sex discrimination.

Part III contends that sex discrimination in the news industry resulting from the …

Volume 58, Issue 11 (1985-86)

Obiter Dicta

No abstract provided.

Vol. 34, No. 9, November 6, 1985, University Of Michigan Law School

Res Gestae

•Students Conduct Boycotts •Law Prof Advocates Hand Gun Ordinance •Oral Arguments to Start Today •Senators Consider Sanctions On Barristers for Initiation •Just the Facts, Please •Courts Should Not Ban Handguns •Don't Liquidate the Barristers •Audio-Visual Legal Stimulation To Inspire Studying •Crossword •Law In the Raw

Race As A Factor In Custody And Adoption Disputes: Palmore V. Sidoti , Eileen M. Blackwood

Cornell Law Review

No abstract provided.

Expert Testimony In Child Sexual Abuse Cases, Rebecca J. Roe

University of Miami Law Review

No abstract provided.

Conservation Issues: The 1985 Farm Bill Debate, Linda A. Malone

Popular Media

No abstract provided.

Discontinuing Treatment Of Comatose Patients Who Have Not Executed Living Wills, Matthew G. Ainley

Loyola of Los Angeles Law Review

No abstract provided.

Frozen Embryos: The Constitution On Ice, Tzivia Schwartz

Loyola of Los Angeles Law Review

No abstract provided.

Vol. 34, No. 5, October 9, 1985, University Of Michigan Law School

Res Gestae

•Ehrlichman Urges Help for Convicts •Res Gestae Roving Reporter Gets Pub Reactions •Senate Passes Office Space Resolution •Do Not Hide Behind Canons to Avoid Social Responsibility •ELS Blasts RG For Story Inaccuracies •Pernick Wants New Transcript Policy •Social Committee Will Begin Carding •Political Mothers Threaten Freedoms •Basement Groups Profit at Partygoers' Expense •Notices •Prohibition Of Alcohol Advertisements Considered •Law School Fellowships Awarded To Alternative Disciplines •Yuppies Are Quickly Losing Favor •Are You A Law Student? •Crossword •Fashion Plate Wendlandt Gives Tips •Law in the Raw

Volume 58, Issue 5 (1985-86)

Obiter Dicta

No abstract provided.

Constitutional Law—Equal Protection—Zoning Ordinance Excluding Home For The Mentally Retarded Fails The Rational Basis Test, Patricia J. Dolson

University of Arkansas at Little Rock Law Review

No abstract provided.

Air Force Problems With Birds In Hangars, Timothy J. Will

Eastern Wildlife Damage Control Conference: 2nd (1985)

The Air Force's Bird-Aircraft Strike Hazard (BASH) Team has been dealing with bird hazards to aircraft for over ten years, primarily through awareness programs, direct assistance to military bases, and through R&D aimed at world-wide BASH reduction. As with any problem where a biological system (in this case, birds) is involved, diversification is important in developing solutions. The BASH Team has recommended a variety of methods for working with hazards from birds. One area of particular concern is the nuisance of pest birds in hangars. These structures are extremely alluring to birds, which seek the roof-supporting I-beams and bars for …

A Comparison Of American And British Offshore Oil Development During The Reagan And Thatcher Administrations--Part I, Uisdean R. Vass

Tulsa Law Review

No abstract provided.

Land-Based Pollution And The Chesapeake Bay, John W. Warner, John Warren Kindt

Washington and Lee Law Review

No abstract provided.

The Need For Regulation Of Artificial Insemination By Donor, Richard J. Doren

San Diego Law Review

This Comment examines some of the legal issues surrounding the increased use of conception by artificial insemination by donor. The author argues that, while artificial insemination is becoming increasingly significant, it continues to be practiced by doctors without any guidelines for donor selection or a standardized system of record keeping. The author examines the current state of the artificial insemination system and the potential dangers presented by this unregulated system. The author concludes by presenting a model statute for regulating artificial insemination by donor.

140th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

140th University of Notre Dame Commencement and Mass Program including Law School awards

Summer