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Fuzzifying The Natural Law--Legal Positivist Debate, Edward S. Adams, Torben Spaak Jan 1995

Fuzzifying The Natural Law--Legal Positivist Debate, Edward S. Adams, Torben Spaak

Articles

Legal scholars have long debated various theories of law. The debate between natural lawyers and legal positivists is case in point. This debate centers, as is well known, on the claim that there is a conceptual connection between law and morality. Natural law theorists maintain that there is such a connection, whereas legal positivists maintain that there isn't. The dialogue in this article details the respective positions of a natural law theorist, Naturalis, a legal positivist, Positivus, and a fuzzy logician, Multivalus, with regard to a case that arose in post-war Germany. As the dialogue highlights, fuzzy logic is a …


Title Vii Arbitration, Patrick O. Gudridge Jan 1995

Title Vii Arbitration, Patrick O. Gudridge

Articles

Supreme Court decisions establish two separate lines of analysis concerning whether arbitration agreements should pre-empt judicial remedies for parties already covered by employment and labor legislation. First, in cases like Gilmer v. Interstate/Johnson Corp., the Supreme Court espouses a procedural analysis: the Court considers the extent to which the arbitration procedures reflect judicial processes. In Alexander v. Gardner-Denver and its successors, on the other hand, the Court examines whether the applicable statutes explicitly pre-empt the arbitration agreement. This article argues that neither approach is helpful. Rather, 'courts should consider whether the relevant statute applies standards derived essentially from "inside" …


Introduction Symposium On Trends In Legal Citations And Scholarship: Introduction, Jean Stefancic, Fred R. Shapiro Jan 1995

Introduction Symposium On Trends In Legal Citations And Scholarship: Introduction, Jean Stefancic, Fred R. Shapiro

Articles

No abstract provided.


Into The Woods: Broadcasters, Bureaucrats, And Children's Television Programming Comments, Ronald J. Krotoszynski Jr. Jan 1995

Into The Woods: Broadcasters, Bureaucrats, And Children's Television Programming Comments, Ronald J. Krotoszynski Jr.

Articles

No abstract provided.


A Use For That Last Cup Of Coffee: Film And Paper Development, Scott Williams, Technical Photographic Chemistry 1995 Class Jan 1995

A Use For That Last Cup Of Coffee: Film And Paper Development, Scott Williams, Technical Photographic Chemistry 1995 Class

Articles

A novel application for coffee - DEVELOPING your film and photographic papers with it! Detailed in an article by Dr. Scott Williams and his Technical Photo Chemistry students and published in Sept/Oct 1995 issue of DCCT.


Distance Teaching-Learning In Abnormal Psychology, Morton Isaacs Jan 1995

Distance Teaching-Learning In Abnormal Psychology, Morton Isaacs

Articles

No abstract provided.


Ten Arguments Against Hate-Speech Regulation: How Valid Symposium: Political Correctness In The 1990'S And Beyond, Richard Delgado, Jean Stefancic Jan 1995

Ten Arguments Against Hate-Speech Regulation: How Valid Symposium: Political Correctness In The 1990'S And Beyond, Richard Delgado, Jean Stefancic

Articles

No abstract provided.


Breaking The Cycle Of Despair: Street Children In Guatemala City, Tamara Rice Lave Jan 1995

Breaking The Cycle Of Despair: Street Children In Guatemala City, Tamara Rice Lave

Articles

No abstract provided.


An Introduction To Environmental Law In The United States Of America, Michael E. Herz Jan 1995

An Introduction To Environmental Law In The United States Of America, Michael E. Herz

Articles

There is an old joke about someone who, having taken a course in speed reading, is able to finish War and Peace in an afternoon. On bragging about this accomplishment, he is asked what the book was about. His entire response: "Russia." In attempting to fulfil my charge to summarize American environmental law in a few pages I fear that I risk a similar result. With such ruthless simplification, the reader may came away with no more understanding of this enormous, detailed, and complex body of law than the speed reader had of Tolstoy, knowing only that American environmental law …


Outsider Scholars: The Early Stories Symposium On Trends In Legal Citations And Scholarship, Jean Stefancic, Richard Delgado Jan 1995

Outsider Scholars: The Early Stories Symposium On Trends In Legal Citations And Scholarship, Jean Stefancic, Richard Delgado

Articles

No abstract provided.


Are Twelve Heads Better Than One?, Phoebe C. Ellsworth Jan 1995

Are Twelve Heads Better Than One?, Phoebe C. Ellsworth

Articles

The jury's competence, unlike that of the judge, rests partly on its ability to reflect the perspectives, experiences, and values of the ordinary people in the community - not just the most common or typical community perspective, but the whole range of viewpoints.


Judging Girls: Decision Making In Parental Consent To Abortion Cases, Suellyn Scarnecchia, Julie Kunce Field Jan 1995

Judging Girls: Decision Making In Parental Consent To Abortion Cases, Suellyn Scarnecchia, Julie Kunce Field

Articles

Judges make determinations on a daily basis that profoundly affect people's lives. On March 28, 1991, the Michigan legislature enacted a statute entitled The Parental Rights Restoration Act (hereinafter "the Michigan Act" or "the Act"). This statute delegated to probate court judges the extraordinary task of deciding whether a minor girl may have an abortion without the consent of a parent. Nothing in law school and little in an average judge's experience provide a meaningful framework for making such a decision. Although many commentators, including the authors, argue that decisions about abortion should be left to the woman regardless of …


The Warren Court And Criminal Justice: A Quarter-Century Retrospective, Yale Kamisar Jan 1995

The Warren Court And Criminal Justice: A Quarter-Century Retrospective, Yale Kamisar

Articles

Many commentators have observed that when we speak of "the Warren Court," we mean the Warren Court that lasted from 1962 (when Arthur Goldberg replaced Felix Frankfurter) to 1969 (when Earl Warren retired). But when we speak of the Warren Court's "revolution" in American criminal procedure we mean the Warren Court that lasted from 1961 (when the landmark case of Mapp v. Ohio was decided) to 1966 or 1967. In its final years, the Warren Court was not the same Court that had handed down Mapp or Miranda v. Arizona.


Against Assisted Suicide - Even A Very Limited Form (Symposium: Assisted Suicide, Health Care And Medical Treatment Choices), Yale Kamisar Jan 1995

Against Assisted Suicide - Even A Very Limited Form (Symposium: Assisted Suicide, Health Care And Medical Treatment Choices), Yale Kamisar

Articles

Professor Robert Sedler is a leading constitutional law professor and a well-known civil liberties lawyer. I think he is right about many things. To cite but one example, I think he was right when he led the ACLU's successful legal attack on certain University of Michigan restrictions on "hate speech."' But I cannot agree with him about physician-assisted suicide, no matter how narrowly he frames the issue.2


Imagining Children's Rights, Suellyn Scarnecchia Jan 1995

Imagining Children's Rights, Suellyn Scarnecchia

Articles

Today, I will tell you some stories about real, live children, whose futures have been determined by our legal system. To speak of children's rights hypothetically, raises images of children suing to go live with their rich uncle or suing to demand a Nintendo system from their parents. I hope that by bringing you stories of the legal system's treatment of real children, you will have a better understanding of what I mean by children's rights and why they must be recognized. Although children's rights have been recognized in limited ways in the areas of free speech, criminal law and …


A Child's Right To Protection From Transfer Trauma In A Contested Adoption Case, Suellyn Scarnecchia Jan 1995

A Child's Right To Protection From Transfer Trauma In A Contested Adoption Case, Suellyn Scarnecchia

Articles

On August 2, 1993, I arrived at the home of Jan, Robby, and Jessica DeBoer' a few hours before the transfer. At 2:00 P.M. I would carry Jessica out of her home and deliver her to the parents who had won the case,2 her biological mother and father. This task probably would have been easier had I not spent eight days in the trial court listening to the experts explain that this transfer from one set of parents to another would harm Jessica.3 It would have been easier had I not recently obtained affidavits from other experts to persuade the …


On The Topology Of Uniform Environmental Standards In A Federal System And Why It Matters (Symposium: Environmental Federalism), James E. Krier Jan 1995

On The Topology Of Uniform Environmental Standards In A Federal System And Why It Matters (Symposium: Environmental Federalism), James E. Krier

Articles

Uniform standards are much favored among the makers of federal environmental policy in the United States, which is to say, among the members of Congress. By and large-judging at least from the legislation it has enacted-Congress expects the air and water eventually to meet the same minimum levels of quality in every state in the country, and expects each pollution source in any industrial category or subcategory to be controlled just as much as every other such source, notwithstanding the source's location or other peculiar characteristics. There are exceptions to these generalizations, but they are exceptions and not the rule.1 …


Ansco Reminiscences, Ira Current Jan 1995

Ansco Reminiscences, Ira Current

Articles

Article by Prof Emeritus Ira Current, retired faculty member, about his early days at Ansco (later Agfa/Ansco), his arrival and on-the-job anecdotes prior to WWII.


Four Views Of Japanese Attorneys, Daniel H. Foote Jan 1995

Four Views Of Japanese Attorneys, Daniel H. Foote

Articles

The four articles translated below appeared in a special collection entitled: Bengoshi--san Monosatari-or, A Tale of Lawyers. This collection was No. 198 in the Bessatsu Takarajma series, a series that contains such other tides as: How to Develop Brain Power (Noryoku toreningu no gijutsu, No. 41), The Court Game (Salban gemu, No. 169), and The Dark Side of Real Estate (Fudosan no ura, No. 177). As these titles ·reflect, publications in the series are aimed at the mass market. not the world of academics. A further caveat is thatr as with the majority …


Deception, Self-Deception, And Myth: Evaluating Long-Term Environmental Settlements, William H. Rodgers, Jr. Jan 1995

Deception, Self-Deception, And Myth: Evaluating Long-Term Environmental Settlements, William H. Rodgers, Jr.

Articles

This paper draws upon six famous settlements that are known in various degrees to students of environmental law. Three are a matter of deep history: the 1970 Environmental Defense Fund settlement that led the last manufacturer of DDT in the U.S. to cease discharges into the Los Angeles sewer system and thence into Santa Monica Bay, the Kepone settlement of the mid-70s that followed in the wake of Judge Merhige's initial assessment of a record-breaking criminal fine of $13.24 million, and the Hudson River settlement of the early 1980s in which environmentalists gave up demands for cooling towers on several …


Children's Task Force Reports, Donald N. Duquette, Cd Stephens Jan 1995

Children's Task Force Reports, Donald N. Duquette, Cd Stephens

Articles

When the public thinks of children and the law, high-visibility cases like Baby Jessica and Baby Richard come to mind. The human drama of a small child caught up in a titanic custody struggle attracts unrelenting media attention and triggers cries for law reform. Yet for every Baby Jessica and Baby Richard, thousands of children pass through our courts with little public attention but with consequences to them just as momentous and life altering as those cases featured on the national news shows. In 1991 State Bar of Michigan leadership began to ask whether our profession and Michigan's courts are …


An Introduction To Environmental Law In The United States, Michael E. Herz Jan 1995

An Introduction To Environmental Law In The United States, Michael E. Herz

Articles

No abstract provided.


The Market For Loyalties: Electronic Media And The Global Competition For Allegiances, Monroe E. Price Dec 1994

The Market For Loyalties: Electronic Media And The Global Competition For Allegiances, Monroe E. Price

Articles

The article critiques the traditional "marketplace of ideas" metaphor in First Amendment jurisprudence and proposes a more accurate framework: the "market for loyalties." This model highlights how powerful entities, including governments and private actors, use communication regulation to shape identities and allegiances. The First Amendment, under this interpretation, functions as a regulatory allocation among these entities rather than a guarantee of unfettered speech. The rise of global communication technologies and competing loyalties challenges the nation-state's ability to control this market, reshaping the role of law and governance in identity formation.


Virgin Territory: Margaret Radin's Imagery Of Personal Property As The Inviolate Feminine Body, Jeanne L. Schroeder Nov 1994

Virgin Territory: Margaret Radin's Imagery Of Personal Property As The Inviolate Feminine Body, Jeanne L. Schroeder

Articles

Margaret Jane Radin's theory of property for personhood posits that certain personal property is deeply intertwined with individual identity, necessitating legal protections that go beyond traditional property rights. While her approach offers a feminist perspective by emphasizing the body and body-like objects as extensions of selfhood, critics argue that her framework lacks an account of community and intersubjectivity, rendering it incomplete. The article suggests that integrating insights from Hegel and Lacan could provide a more comprehensive understanding of property relations, addressing both personal and communal dimensions.


On The Contribution Of Baseball To American Legal Theory, Charles M. Yablon Oct 1994

On The Contribution Of Baseball To American Legal Theory, Charles M. Yablon

Articles

The article explores the influence of baseball on American legal theory, arguing that baseball's rules and traditions have significantly shaped legal thought. It posits that baseball's structured yet flexible system, which acknowledges both luck and skill, offers valuable insights into legal principles and methodologies. The author contends that legal scholars have drawn parallels between baseball and law, leading to new perspectives in jurisprudence.


Blur Identification Based On Higher Order Spectral Nulls, Andreas Savakis, Roger L. Easton Sep 1994

Blur Identification Based On Higher Order Spectral Nulls, Andreas Savakis, Roger L. Easton

Articles

The identification of the point spread function (PSF) from the degraded image data constitutes an important first step in image restoration that is known as blur identification. Though a number of blur identification algorithms have been developed in recent years, two of the earlier methods based on the power spectrum and power cepstrum remain popular, because they are easy to implement and have proved to be effective in practical situations. Both methods are limited to PSF's which exhibit spectral nulls, such as due to defocused lens and linear motion blur. Another limitation of these methods is the degradation of their …


Chaos, Period-Doubling And Reverse Bifurcations In An Optically Injected Semiconductor Laser, Vassilios Kovanis, Athanasios Gavrielides, Thomas Simpson Jul 1994

Chaos, Period-Doubling And Reverse Bifurcations In An Optically Injected Semiconductor Laser, Vassilios Kovanis, Athanasios Gavrielides, Thomas Simpson

Articles

In conclusion, we have observed a reverse bifurcation from chaotic to periodic dynamics in a semiconductor laser subject to strong optical injection at its free-running frequency. Spontaneous emission noise effects obscure specific spectral features in the reverse period-doubling region, but by measuring the dynamic parameters of the laser we have shown that the coupled complex-field and carrier density model accounts for the observed spectra.


Controlling Unstable Periodic Orbits In A Nonlinear Optical System: The Ikeda Map, Paul Alsing, Athanasios Gavrielides, Vassilios Kovanis Jul 1994

Controlling Unstable Periodic Orbits In A Nonlinear Optical System: The Ikeda Map, Paul Alsing, Athanasios Gavrielides, Vassilios Kovanis

Articles

With the publication of the seminal paper by Ott, Grebogi and Yorke (OGY) [l] the concept of controlling chaos has become part of the lexicon of physicists and engineers dealing with chaotic nonlinear dynamical systems. The authors showed that by using small, judiciously applied perturbations the unstable periodic orbits, which are dense in a chaotic attractor, could be stabilized. The strength of their approach lies in the absence of the necessity for any a priori analytical model of the chaotic system in order to affect the control. The information required to construct the controlling perturbations can be extracted from experimental …


Ion Implantation Of Porous Silicon, C. Peng, Philippe M. Fauchet, J. M. Rehm, G. L. Mclendon, F. Seiferth, Santosh K. Kurinec Mar 1994

Ion Implantation Of Porous Silicon, C. Peng, Philippe M. Fauchet, J. M. Rehm, G. L. Mclendon, F. Seiferth, Santosh K. Kurinec

Articles

Investigates the ion implantation of porous silicon (Si). Properties of light-emitting Si; Application of continuous-wave and time dependent photoluminescence spectroscopies; Comparison of dopant implantation effect in varying doses.


A Cd-Rom Based Agricultural Information Retrieval System, H W. Beck, P H. Jones, Dennis G. Watson Feb 1994

A Cd-Rom Based Agricultural Information Retrieval System, H W. Beck, P H. Jones, Dennis G. Watson

Articles

An information retrieval system for agricultural extension was developed using CD-ROM technology as the primary medium for information delivery. Object-oriented database techniques were used to organize the information. Conventional retrieval techniques including hypertext, fulltext searching, and relational databases, and decision support programs such as expert systems were integrated into a complete package for accessing information stored on the CDROM. A multimedia user interface was developed to provide a variety of capabilities including computer graphics and high-resolution digitized images. Information for the disk was gathered and entered using extension publications which were tagged using an SGML-based document markup language. The fully …