Digital Commons Network^™

Can Employers Exclude Women Because Of Concerns For The Health And Safety Of Potential Fetuses?, Mary E. Becker

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No abstract provided.

Defining The Scope Of Broker And Dealer Duties -- Some Problems In Adjudicating The Responsibilities Of Securities And Commodities Professionals, Gregory A. Hicks

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The purpose of this Article is to stress the need for grounding broker-dealer duties in sound, articulated understandings of the investment markets, as well as defensible statements of the responsibilities and expectations of both customers and market professionals. This important need will be demonstrated through the use of several cases illustrating problematical or failed processes by which broker-dealer duties have been established.

This Article will focus primarily on two recent decisions, In re E.F. Hutton & Co., and Wasnick v. Refco, Inc., both of which have been criticized for inappropriately expanding broker and dealer duties. Each decision is …

The Public Domain, Jessica D. Litman

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This article examines the public domain by looking at the gulf between what authors really do and the way the law perceives them. Part I outlines the basics of copyright as a species of property and introduces the public domain's place within the copyright scheme. Copyright grants authors" ' rights modeled on real property in order to encourage authorship by providing authors with markets in which they can seek compensation for their creations. Because parcels of authorship are intangible, however, the law faces *problems in determining the ownership and boundaries of its property grants. In particular, the concept of "originality," …

Patenting The Human Genome, Rebecca S. Eisenberg

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The increasing promise of federal funding for mapping and sequencing the human genome has brought with it renewed attention in the research science community to issues of intellectual property protection for products of biotechnology research. Echoing concerns raised a decade ago in the debate over commercialization of academic biomedical research, scientists have called for the free availability of all information generated through the Human Genome Project and have argued against allowing private intellectual property rights in such knowledge. Meanwhile, private parties have quietly been obtaining patents on bits and pieces of the human genome from the Patent and Trademark Office …

Risk, Courts, And Agencies, Clayton P. Gillette, James E. Krier

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Public risks are precisely the risks that have recently captured the attention of the legal community and the world at large, in no small part because they give rise to such novel problems for lawyers and such grave apprehensions among lay people. Public risks have moved the legal system to relax doctrines--regarding, for example, standards of causation and culpability, burdens of proof, sharing of liability--that were designed to deal with the private risks that once dominated the landscape. And public risks have moved lay people to intensify their demands for risk control measures. These developments suggest that public risks are …

Exergy Analysis - A Different Perspective On Energy Part 2: Rational Efficiency And Some Examples Of Energy, Jim Mcgovern

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The concept of exergy having been introduced in the first part of this paper, a universal rational efficiency is now defined and a number of examples of exergy analyses is given.

Norms And Normal Science: Toward A Critique Of Normativity In Legal Thought, Richard Delgado

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No abstract provided.

The Politics Of Clinical Knowledge, Anthony V. Alfieri

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No abstract provided.

Optimal Distributed Decision Fusion, S. C. A. Thomopoulos, R. Viswanathan, D. K. Bougoulias

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The problem of decision fusion in distributed sensor system is considered. Distributed sensors pass their decisions about the same hypotheses to a fusion center that combines them into a final decision. Assuming that the semor decisions are independent from each other conditioned on each hypothesis, we provide a general proof that the optimal decision scheme that maximizes the probability of detection at the fusion for fixed false alarm probability comists of a Neyman-Pearson test (or a randomized N-P test) at the fusion and likelihood-ratio tests at the sensors.

Distributed Detection Of A Signal In Generalized Gaussian Noise, R. Viswanathan, Arif Ansari

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The problem of distributed detection of a signal in incompletely specified noise is considered. The noise assumed belongs to the generalized Gaussian family and the sensors in the distributed network employ the Wilcoxon test. The sensors pass the test statistics to a fusion center, where a hypothesis testing results in a decision regarding the presence or the absence of a signal. Three monotone and admissible fusion center tests are formulated. Restricted numerical evaluation over a certain parameter range of the noise distribution and the range of signal level indicates that these tests yield performances at comparable levels.

On Counting Rules In Distributed Detection, R. Viswanathan, V. Aalo

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A network of n sensors receiving independent and identical observations in R^N, regarding certain binary hypotheses, pass their decisions to a fusion center which then decides which one of the two hypotheses is true. We consider the situation where each sensor employs a likelihood ratio test with its own observation and a threshold, which is the same for all the sensors, and the fusion center decision based on k out of n decision rule. The asymptotic (n → ∞) behavior of k out of n rules for finite k and finite n - k are considered. For …

Simulation Of Optical Remote Sensing Systems, John Kerekes, David Landgrebe

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Research on understanding the remote-sensing process as a system and investigating the interrelated effects of various parameter is described. A system model for the simulation of remote-sensing systems is presented. The system is divided into three parts: the scene, the sensor, and the processing algorithms. Models are presented and implemented for these component systems. Validation of the system model is considered over a specific test site. Results of the simulation for various scene and sensor configurations are included. Results of applying the model to various system configurations using simulated Landsat sensors are then presented to show how the simulation can …

Comment On “A Prototype Secs Message Service For Communication In The Semiconductor Manufacturing Environment", James Baratz, John Birchak, Frederic Brehm

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The protocol described in the article “A Prototype SECS Message Service for Communication in the Semiconductor Manufacturing Environment”’ was designed in cooperation with the Subnet Task Force of the Semiconductor Equipment and Materials International (SEMI) Communications Standards Committee. The technical design and a software implementation were carried out at the University of Michigan with frequent reviews by the task force, particularly during the early months. The primary development of SMS was done by James R. Moyne as a research project directed by Prof. Leo C. McAfee, Jr., and supported by the Semiconductor Research Corporation. The published article reflects the services …

An Economic Analysis Of Sex Discrimination Laws, Richard A. Posner

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No abstract provided.

Interpreting Statutes In The Regulatory State, Cass R. Sunstein

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Discussing the judge's role in interpreting statutes, Justice Holmes wrote that "if my fellow citizens want to go to Hell I will help them. It's my job."' Critics of the view of the courts as passive agents of the legislature claim that it understates the difficulty of interpretation, the indeterminacy of both the language and the will of the citizens, and the resulting discretion of the judge. Similarly, a vigorous debate continues over the proper role of the traditional sources of statutory interpretation - the text, the legislative history, the purpose of the enacting Congress, and the structure of the …

Reformulating Tort Reform, Alan O. Sykes

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No abstract provided.

Discovery As Abuse, Frank H. Easterbrook

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No abstract provided.

The Supreme Court And The Jury: Voir Dire, Peremptory Challenges, And The Review Of Jury Verdicts, Albert Alschuler

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No abstract provided.

The Corporate Contract, Frank H. Easterbrook, Daniel R. Fischel

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No abstract provided.

Parliamentary Law, Majority Decisionmaking, And The Voting Paradox, Saul Levmore

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No abstract provided.

Conservative Feminism, Richard A. Posner

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No abstract provided.

The Future Of Law And Economics: A Comment On Ellickson, Richard A. Posner

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No abstract provided.

Intergovernmental Takings And Just Compensation: A Question Of Federalism, Michael H. Schill

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No abstract provided.

The Federal Court In Idaho, 1889-1907: The Appointment And Tenure Of James H. Beatty, Idaho's First District Court Judge, Monique C. Lillard

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No abstract provided.

Administrative Law Symposium: Question & Answer With Professors Elliott, Strauss, And Sunstein, Cass R. Sunstein, Donald Ellicott, Dick Pierce, Peter L. Strauss

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No abstract provided.

Nonlawyers In The Business Of Law: Does The One Who Has The Gold Really Make The Rules?, Thomas R. Andrews

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For at least sixty years nonlawyers have been prohibited from offering their nonlegal talents in a business combination with lawyers practicing law. Moreover, when the ABA's new model rules were adopted in 1983, the ABA considered carefully but rejected a proposal that would have lifted the traditional ban on nonlawyer ownership of a law business. Nonetheless, the point of each article was that the relevant restrictions in the ethical rules are on their way out.

Commentators have given considerable attention to the unauthorized practice of law by nonlawyers, and to the offering of legal services by nonprofit institutions. The focus …

The Lesson Of The Owl And The Crows: The Role Of Deception In The Evolution Of The Environmental Statutes, William H. Rodgers, Jr.

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In this world of strategies and counterstrategies, the advantages of the good fake are not to be overlooked. Fakery is an indelible part of the landscape in settings where we readily accept the gaming metaphor—sporting events are the obvious examples. But I wish to emphasize how fakery and deception can play an important role in legal interactions as well, particularly in the writing of the environmental statutes. Environmental lawyers often are fond of borrowing examples from natural history to illustrate propositions of law. There is more to this practice than habit, it seems to me, because the natural laws of …

Zero-Based Racial Politics: An Evaluation Of Three Best-Case Arguments On Behalf Of The Nonwhite Underclass Commentary, Richard Delgado

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No abstract provided.

The Political Economy Of Barry Commoner, James E. Krier

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The centerpiece of what follows is an article by Barry Commoner that appeared in The New Yorker magazine in 1987.' The article, although an essentially popular work, is for several reasons worth the attention of a community professionally interested in law and the environment. First, it distills and supplements views that Commoner has advanced with much prominence throughout the life-twenty years to date-of the environmental movement in the United States. Thus it provides an opportunity for the present generation's students of environmental law, many of whom seem to know nothing of Commoner and his ideas, to become familiar with a …

Patents And The Progress Of Science: Exclusive Rights And Experimental Use, Rebecca S. Eisenberg

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In this article I analyze the proper scope of an experimental use exemption from patent infringement liability by comparing the rationales behind promoting technological progress through granting exclusive patent rights in inventions with competing arguments for promoting scientific progress by allowing all investigators to enjoy free access to the discoveries of other scientists. I begin by reviewing key features of the patent laws and theoretical justifications for granting patent monopolies in order to clarify the implications of existing patent doctrine and theory for an experimental use exemption. I then look to the literature in the sociology, history, and philosophy of …