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Compensatory And Punitive Damages For A Personal Injury: To Tax Or Not To Tax, Douglas A. Kahn

Articles

Since the adoption in 1919 of the Revenue Act of 1918, damages received on account of personal injuries or sickness have been excluded by statute from gross income.1 This exclusion, which does not apply to reimbursements for medical expenses for which the taxpayer was previously allowed a tax deduction,2 is presently set forth in section 104(a)(2). One might expect that a provision having recently attained the ripe age of 75 years without change in its basic language would have a settled meaning. However, recent litigation under section 104(a)(2) bristles with unsettled issues. Does the exclusion apply to punitive damages? To …

On Remembering Judge Eugene P. Spellman: A Different Vision, Ira J. Kurzban, Irwin P. Stotzky

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No abstract provided.

Pornography And Harm To Women: No Empirical Evidence, Richard Delgado, Jean Stefancic

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No abstract provided.

Law Librarianship: A Forum, Bob Berring, Mark Estes, Penny Hazelton, Kathie Price, Joanne Zich

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Law librarianship is a profession that has a proud history and a bright future, yet it is not without its problems and concerns. For this issue of Law Library Lights, we have gathered together a number of luminaries in the field and asked them a number of questions related to the most important issues facing our community: professional image, additional roles, education and training, ethics, minority recruitment, budget crunch, technology, vendors, and the future.

This exchange was published in volume 35, issue number 5, May/June 1992.

The United States Policy On Hiv Infected Aliens: Is Exclusion An Effective Solution, Christine N. Cimini

Articles

As of the summer of 1991, though the World Health Organization (WHO) had only 366,455 documented cases of Acquired Immune Deficiency Syndrome (AIDS), the organization estimated that as many as 1.25 million people worldwide had actually contracted AIDS. That number was predicted to grow to twenty-five to thirty million cases of HIV worldwide by the year 2000. With hysteria and misinformation surrounding the transmission HIV/AIDS, Congress made changes to existing immigration laws to exclude entry to individuals with HIV. This comment critiques the early 1990s United States immigration policy that added HIV to the list of diseases for which a …

Measurement Of Ferroelectric Liquid Crystal Parameters, V. Vaksman, Yuri Panarin

Articles

A method is presented for measuring ferroelectric liquid crystal parameters such as spontaneous polarization Ps, rotational viscosity γϕ, azimuthal pretilt angle ϕ0 and dielectric permittivity ε ┴. The method is based on integrating the polarization current after reversing the sign of the external electric field.

All Optical Clock Distribution With Synchronous Frequency Division And Multiplication, Gerald Farrell, P. Phelan, Joe Hegarty

Articles

A master optical clock from a mode locked laser is distributed to two slave twin section lasers. One slave laser divides the optical modulation frequency by 2, the other slave laser multiplies the frequency by 2. It is also possible to vary the multiplication4ivision ratio in a slave laser using only DC control of the absorber of the twin section laser.

Heat Of Passion And Wife Killing: Men Who Batter/Men Who Kill, Donna Coker

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No abstract provided.

Exit: Power And The Idea Of Leaving In Love, Work, And The Confirmation Hearings, Martha R. Mahoney

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No abstract provided.

Disabled Clients, Disabling Lawyers, Anthony V. Alfieri

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No abstract provided.

Stances, Anthony V. Alfieri

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No abstract provided.

Abduction From The Seraglio: Feminist Methodologies And The Logic Of Imagination, Jeanne L. Schroeder

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The article critiques the "different voice" theory in feminist jurisprudence, arguing that it risks reinforcing gender stereotypes and lacks a normative framework to challenge dominant masculinist perspectives. It also examines MacKinnon's contributions to feminist legal theory, highlighting both her strengths, such as her recognition of the need for a comprehensive alternative to masculinist theories, and her limitations, particularly her failure to develop a robust methodology for hypothesis verification. The article emphasizes the importance of distinguishing between hypothesis formation and proof in jurisprudence and advocates for a more nuanced approach to gender jurisprudence that avoids essentialism and integrates psychological insights without …

Some Caveats Concerning Dna As Criminal Identification Evidence: With Thanks To The Reverend Bayes, Richard O. Lempert

Articles

The conference panel at which this paper was originally presented was structured along the lines of a debate. The three speakers who were supposed to advocate the use of DNA evidence were labeled, as is customary, Proponents. But those who were supposed to take the negative side were not called Opponents. Rather they were labeled Caveators. I do not know who is responsible for this label, but I think it gets things exactly right. To my mind anyone considering DNA as criminal identification evidence should be a Caveator. The promise and utility of DNA analysis in identifying the perpetrators of …

The Fourth Amendment And Its Exclusionary Rule, Yale Kamisar

Articles

"The history of liberty," Justice Felix Frankfurter once noted, "has largely been the history of observance of procedural safeguards" and "the history of the destruction of liberty," Professor Anthony Amsterdam has added, "has largely been the history of the relaxation of those safeguards in the face of plausible sounding governmental claims of a need to deal with widely frightening and emotion freighted threats to the good order of society." These plausible-sounding government claims are being heard today -and they are putting enormous pressure on the Fourth Amendment, the constitutional provision that protects "the right of the people to be secure …

United States V. United States: When Can The Federal Government Sue Itself?, Michael E. Herz

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No abstract provided.

Modeling Ultrasound Speckle Formation And Its Dependence On Imaging System’S Impulse Response, Navalgund A. H. K. Rao, Hui Zhu

Articles

Ultrasonic echoes, backscattered from an inhomogeneous medium have the character of a random signal, which is mainly responsible for the observed speckle in medical images. Such a medium can be modeled as a uniform matrix with scattering bodies distributed randomly. When the number of density of scatterers is high, the individual scatterers are not resolved by the imaging process, and a speckle pattern is produced as a result of interference of waves from many scatterers within the resolution cell volume. This cell volume depends on the beam profile and the pulse width of the interrogating pulse. We have used a …

Oil And The Public Trust Doctrine In Washington, Ralph W. Johnson

Articles

The tragic spill of millions of gallons of oil into Alaska's Prince William Sound alerted the people of Washington to the danger of spills in Puget Sound. In Washington, the danger heightens as the amount of oil transported through the Sound increases. Indeed, Coast Guard figures show about 1,500 tanker movements in Puget Sound in 1988, a 50 percent increase over 1974.2 Moreover, the spill from the Exxon Valdez taught us that, because very little can be done after a spill, the only truly effective means of preventing damage from oil spills is to prevent them in the first place. …

Degnerate Four-Wave Mixing In Rhodamine Doped Epoxy Waveguides, B. Rossi, Hugh Byrne, W. Blau

Articles

Self-diffraction from laser-induced gratings is observed in a 13 pm-thick film of rhodamine I3 doped epoxy. The decay of the grating is measured to be 2.05 ns. Degenerate forward four-wave mixing in a guided geometry is observed by coupling out all beams after nronagation over 1 mm. At 595 nm the third-order nonlinear susceptibility of the film is measured to be 1.5~10-‘~ m2Ve2.

Justice Brennan And The Freedom Of Speech: A First Amendment Odyssey, Geoffrey R. Stone

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No abstract provided.

The Failure Of Sentencing Guidelines: A Plea For Less Aggregation, Albert Alschuler

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No abstract provided.

Takings, Torts, And Special Interests, Saul Levmore

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No abstract provided.

Current Challenges To Free Expression: A New Age Of Repression, Geoffrey R. Stone

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No abstract provided.

Tradition, Precedent, And Justice Scalia, David A. Strauss

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No abstract provided.

Regulation--And Contract--In Environmental Law, Richard A. Epstein

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No abstract provided.

The Legal Regulation Of Lawyers' Conflicts Of Interest, Richard A. Epstein

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No abstract provided.

Conflicts Between Religious And Secular Law: Common Themes In The English Experience, 1250-1640, Richard H. Helmholz

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No abstract provided.

Public Prosecution And Hydro-Engineering, Michael Tonry

Articles

There are inherent tensions between conceptions of public prosecutors as elected officials who respond to public intolerance of crime and criminals and as officers of the court who answer to normative injunctions of fairness and dispassion. Discussion of prosecutors' roles has progressed little beyond recognition of inherent tensions. There is no literature on prosecutorial strategies. The empirical literature on prosecutorial operations is scant.

Guilty Of The Crime Of Trust: Nonstranger Rape, Beverly Balos, Mary Louise Fellows

Articles

Current law allows defendants to use a preexisting relationship to give credibility to a defense of consent or reasonable, good faith belief of consent. However, the law acknowledges various connections between people and recognizes that under certain circumstances it is appropriate both to prevent a person from acting and to require a person to act. If courts applied the doctrine of confidential relationships to acquaintance rape, evidence of the relationship would impose upon the defendant a heightened duty of care to the victim. This heightened duty of care would change the mental element of the crime. It would also change …

Wills And Trusts: "The Kingdom Of The Fathers", Mary Louise Fellows

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The purpose of my talk today is to use doctrines in wills and trusts law as the yardstick with which to measure the Kingdom of the Fathers. I will show that wills and trusts law has always and 2 continues to operate to preserve and sustain their Kingdom.

Of Spoil Pits And Swimming Pools: Reconsidering The Measure Of Damages For Construction Contracts, Carol Chomsky

Articles

To obtain a remedy in a breach of contract suit, a party must prove, and courts must determine, what damage the breach has caused. The general rule is straightforward: A party injured by a breach of contract is entitled to be placed in as good a position as if the contract had been performed.1 Ap- plying the general rule to specific circumstances - computing what it means to be placed in "as good a position as if the con- tract had been performed" - is more difficult.