Digital Commons Network^™

For A Bramwell Revival, Richard A. Epstein

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No abstract provided.

Treatment Of Community Contributions To Mortgage Payments (Including Principal And Interest On Separate Property), Elizabeth Brandt

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No abstract provided.

Homosexuality And The Constitution, Cass R. Sunstein

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No abstract provided.

The First Amendment In Cyberspace, Cass R. Sunstein

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No abstract provided.

The Ubiquity Of The Benefit Principle, Richard A. Epstein

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No abstract provided.

Strength In Diversity: Feminist Theoretical Approaches To Child Custody And Same-Sex Relationships, Mary E. Becker

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No abstract provided.

The President And The Administration, Cass R. Sunstein, Lawrence Lessig

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No abstract provided.

The Parameters, Progressions, And Paradoxes Of Baron Bramwell, Anita Ramasastry

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No abstract provided.

The Seven Statutory Wonders Of U.S. Environmental Law: Origins And Morphology, William H. Rodgers, Jr.

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Students from around the world often ask my opinion on the most influential or effective of the United States environmental laws. I offer an opinion based on two criteria: What laws have contributed most to protection of the natural world and what laws have been most emulated? The second criterion is obviously an indicator of output, not of direct consequence. However, a linkage between the spread of strong laws and degree of environmental protection is assumed.

In theory, of course, the questions of "how much protection" and "how many laws" can be answered empirically. But this story is available only …

Relational Practices And The Marginalization Of Law: Informal Financial Practices Of Small Businesses In Taiwan, Jane Kaufman Winn

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This article looks at one component of Taiwan's development experience, the informal financing techniques used by small businesses, to clarify the interaction between the formal Republic of China (ROC) legal system and the network structure of Taiwanese society. The ROC legal system has supported the economic development process directly by regulating economic activity, and indirectly by facilitating the networks of relationships that also regulate economic activity.

The relational structure of traditional, rural Chinese society has survived in a modified form in modem Taiwan, and this modem form selectively blends elements of the modem legal system, networks of relationships, and the …

Switching Time And Other Thought Experiments: The Hughes Court And Constitutional Transformation, Richard D. Friedman

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For the most part, the Supreme Court's decisions in 1932 and 1933 disappointed liberals. The two swing Justices, Chief Justice Charles Evans Hughes and Justice Owen J. Roberts, seemed to have sided more with the Court's four conservatives than with its three liberals. Between early 1934 and early 1935, however, the Court issued three thunderbolt decisions, all by five-to-four votes on the liberal side and with either Hughes or Roberts writing for the majority over the dissent of the conservative foursome: in January 1934, Home Building & Loan Ass'n v. Blaisdell' severely limited the extent to which the Contracts Clause …

Stress And Health In 1st-Year Law Students: Women Fare Worse, Daniel N. Mcintosh, Julie Keywell, Alan Reifman, Phoebe C. Ellsworth

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The social and psychological consequences of being a female law student may include greater stress and worse health than that experienced by male students. First-year law students at a major state university were surveyed about their physical and psychological health prior to, in the middle of, and at the end of the school year. They were also asked about specific sources of strain (e.g., grades, time pressure) at mid-year. Relative to men, women reported greater strain due to sexism, lack of free time, and lack of time to spend with one’s spouse/partner. Women also displayed more depression and physical symptoms …

Cyclic Voltammetry Of Polypyrroledodecylbenzenesulfonate Layers, T. Mccormac, W. Breen, A. Mcgee, John Cassidy, M. E.G. Lyons

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Polypyrrole was deposited from solutions of NaCIO. and NaDBS, where DBS is dodecylbenzenesulfonate in aqueous solu\ion and characterizcd by voltammetry. It is found that the absence of the so-called 'double laver charging current' during cyclic voltammetry of the layers formed from solutions with surfactant is not because of' the" order in morphology of the layer, but irreversible incorporation of' the surfactant anion.

The Marginal Relevance Of Choice Of Law Theory, Stewart E. Sterk

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The article critiques the current state of choice of law theory, arguing that existing methodologies, such as interest analysis and territorial approaches, fail to provide a coherent framework for judicial decision-making. It contends that these theories are overly rigid and do not account for the practical, fact-driven nature of how judges make choices. The author proposes a new test based on expressive similarity to address the complexities of modern copyright disputes, aiming to distinguish between protected expression and unprotected ideas. This approach seeks to balance the protection of creative works with the need to prevent overprotection, which could streamline litigation …

Is Article 8 Finally Ready This Time? The Radical Reform Of Secured Lending On Wall Street, Jeanne L. Schroeder

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The article critiques the 1977 proposed amendments to Articles 8 and 9 of the Uniform Commercial Code (UCC), arguing that while they aim to modernize securities law by replacing the outdated physical possession metaphor with the concept of "control," they fail to adequately address the complexities of indirect holdings through intermediaries. The revisions introduce "supernegotiability," prioritizing secured creditors over customers, but raise ethical concerns about rewarding dishonest behavior and potentially undermining consumer protections. The article concludes that while the changes improve market efficiency and clarity, further refinements are needed to balance the interests of all stakeholders.

Saving Public Television: The Remand Of Turner Broadcasting And The Future Of Cable Regulation, Monroe E. Price, Donald W. Hawthorne

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The article critiques the Supreme Court's decision in *Turner Broadcasting* for failing to adequately address key First Amendment issues, particularly the distinction between commercial and noncommercial broadcasters. While the Court focused on historical context and government-media relationships, it overlooked the unique role of noncommercial broadcasters in serving public interests like education and culture. The authors argue for a more nuanced First Amendment approach that supports public interest media without infringing on free speech rights, urging courts to recognize the value of noncommercial broadcasting.

Cultural Differences And Discrimination: Samoans Before A Public Housing Eviction Board, Richard O. Lempert, Karl Monsma

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In Hawaii Samoans are a stigmatized ethnic group. We examine how this group is treated by a public housing eviction board. Statistical analysis suggests Samoans are discriminated against in financial cases. Interviews indicate, however, that Samoans are disadvantaged largely because their excuses are not persuasive and would not be regardless of the ethnicity of the tenants making them. In this sense Samoans are treated "like any other tenant," and illegal discrimination, as defined by the Four- teenth Amendment, has not occurred. But Samoans make unpersuasive excuses more often than other tenants because excuses that are reasonable in the context of …

Gay Men, Aids, And The Code Of The Condom, David L. Chambers

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The principal purpose of this Article is to explore the origins and moral content of the code of behavior among gay men that has developed around the condom. A second purpose is to consider whether this code is wise and defensible under current circumstances. A final purpose is to compare the condom rules to the code of sexual behavior that state governments have created in response to AIDS under their criminal laws.

Taxation Of Punitive Damages Obtained In A Personal Injury Claim, Douglas A. Kahn

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The author explains that in recent court opinions and commentaries concerning whether punitive damages are taxable, considerable weight has been given to a negative inference that appears to lurk in a 1989 amendment to the relevant code provision, section 104(a)(2). To the contrary, he argues, the legislative history of that amendment and the form that the bill had when it was reported out of the Conference Committee establish beyond doubt that no such inference is warranted.

The End Of The World News (Symposium: Twenty-Five Years Of Environmental Regulation), James E. Krier

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My title, but nothing else, owes to Anthony Burgess.' I like the ambiguity of Burgess's words. They could be a play on what an anchor says when she brings the night's news of the world to a close ("and that's the end of.. ."), or they could be the name of a doomsday periodical, or a headline announcing the bankruptcy of a tabloid, or, at the extreme, a reference to the end of the world. For my purposes, however, they signify the end of an era.

Assisted Suicide And Euthanasia: The Cases Are In The Pipeline, Yale Kamisar

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When I first wrote about this subject 36 years ago, the chance that any state would legalize assisted suicide or active voluntary euthanasia seemed minuscule. The possibility that any court would find these activities protected by the Due Process Clause seemed so remote as to be almost inconceivable. Not anymore. Before this decade ends, at least several states probably will decriminalize assisted suicide and/or active voluntary euthanasia. [Editor's note: In November, Oregon became the first state to legalize physician-assisted suicide, allowing doctors to prescribe lethal medication for competent, terminally ill adults who request it.] A distinct possibility also exists that …

On Endomorphisms And Automorphisms Of Some Pure Subgroups Of The Baer-Specker Group, A. L.S. Corner, Brendan Goldsmith

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The endomoprhism algebras of certain pure subgroups of the Baer-Specker group are investigated to answer a question of Irwin. Automorphism groups of these Abelian groups are investigated and a realization theme is established.

Simulation Study Of Changes In Ultrasound Speckle Statistics With The System Point Spread Function, Navalgund A. H. K. Rao, Hui Zhu

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The intensity point signal-to-noise ratio, SNRI, characterizing the ultrasound speckle statistics, depends on the tissue scattering microstructure and the imaging systems point spread function. Both should be described in three-dimensional space. Therefore, a three-dimensional simulation model is used in this paper to generate a rf signal and study the variations in SNRI with the transducer center frequency and bandwidth. Results are in agreement with existing theoretical predictions. A possible method to analyze the SNRI data is also presented that can produce a straight line slope as a feature value that depends on the tissue scattering microstructure only. Such a feature …

Protection Of Biodiversity Under The Public Trust Doctrine, Ralph W. Johnson, William C. Galloway

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The public trust doctrine is an ancient Roman legal doctrine that has been applied in both England and the United States. The doctrine traditionally addressed questions of public access to and use of commercially navigable waters for navigation, fisheries and various other uses of the underlying seabeds, lake bottoms, and riverbeds. In recent years, the public trust doctrine has been invoked to protect birds and other wildlife, water quality, ecological and environmental values, and different types of recreation. Although no public trust case has applied the doctrine to protect biodiversity per se, it seems clear by analogy to existing case …

Dielectric Response Of Ferroelectric Liquid Crystal Cells, Yuri Panarin, Huan Xu, Seamus Mac Lughadha, Jagdish Vij

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No abstract provided.

Cosmopolitanism Inside Out: International Norms And The Struggle For Civil Rights And Local Justice The Day, Berry & Howard Visiting Scholars, Richard Delgado, Jean Stefancic

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No abstract provided.

The Damaging Impact Of The Eastman Kodak Precedent Upon Product Competition: Antitrust Law In Need Of Correction, Daniel J. Gifford

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In the dynamic markets of the present day, competition is the driving force behind the widespread and pervasive development of new products and new product capabilities. Innovative activity, which is especially manifest in the high-technology sectors, contributes significantly to national economic well-being. 1 Yet the courts, the bar, and most legal scholars have given inadequate attention to the critical role that antitrust rules can play in encouraging or stifling innovative activity. 2 Rather, a good deal of the traditional antitrust literature has focused narrowly upon price and output in relatively static market settings, and the newer strategic behavior branch of …

The Ethics Of Violence: Necessity, Excess, And Opposition (Book Review Essay), Anthony V. Alfieri

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No abstract provided.

Practicing Community (Book Review), Anthony V. Alfieri

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No abstract provided.

Everyman's Fourth Amendment: Privacy Or Mutual Trust Between Government And Citizen, Scott E. Sundby

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No abstract provided.