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Light Thoughts And Night Thoughts On The American Family, Judith T. Younger

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No abstract provided.

The Benevolent Paternalism Of Japanese Criminal Justice, Daniel H. Foote

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Models for a criminal-justice system based on an ethos of rehabilitation and reintegration-such as Llewellyn's "parental" and Griffiths' "family" models-have been regarded as idealistic but unworkable in the real world, except perhaps in totalitarian or primitive societies. Professor Foote, however, has found in Japan just such a model, which he labels "benevolent paternalism." The Japanese criminal-justice system is benevolent in that its goal is to achieve reformation and reintegration into society through lenient sanctions tailored to the offender's particular circumstances. The system is paternalism in that it allows substantial discretion to the state in both gathering and using information about …

Recent Developments - Cinematic Sex And Censorship In Indian Film, Anita Ramasastry

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This Recent Development examines the increasing presence of cinematic rape in general-audience Indian films and discusses the potential cultural origins of the cinematic portrait of Indian women as chaste subordinates to men and as frequent subjects of violence. To account for this trend, this Recent Development outlines the legal guidelines governing Indian film censorship, and in particular the guidelines regulating sexuality. From this vantage point, the use of various suggestive cinematic techniques, including the regular portrayal of rape, may be seen as attempts by directors to circumvent government censure of kissing and other intimate relations on-screen. Finally, this Recent Development …

Toward A Partial Economic, Game-Theoretic Analysis Of Hearsay, Richard D. Friedman

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In this Article, I offer a fundamentally different and nondoctrinaire way of approaching hearsay questions. In brief, I take the view that the resolution of a hearsay dispute, when the declarant is not on the stand, is essentially a matter of deciding who should bear the burden of producing the declarant, or more precisely, how courts should allocate that burden. Adopting a simple procedural improvement, concerning the examination of the declarant if she is produced as a witness, allows the court to allocate the burden optimally. If live testimony by the declarant would be more probative than prejudicial, then most …

Evidentiary Rules And Rulings: The Role Of Treatises, Richard D. Friedman

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I have devoted large gobs of time to work on a multi-author treatise on the law of evidence.' And before even one volume is published, I will devote further multiple gobs of time to the project-which, perhaps audaciously and perhaps merely foolishly, but with heredity and precedent on our side,2 we are calling The New Wigmore. Accordingly, I found the question posed by this symposium-Does Evidence Law Matter?-rather disquieting. If it is doubtful even whether the law of evidence matters, then how much can a treatise on the law of evidence matter, and how worthwhile can such a work be? …

All-Optical Synchronisation And Frequency Division Of Mode-Locked Pulses, P. Phelan, Gerald Farrell, Joe Hegarty

Articles

We report all-optical synchronized multiplication by rational fractions of the modulation frequency of optical signals in self-pulsing two-section semiconductor laser diodes. The effect is based on the overlap of harmonics of the input signal with harmonics of the self-pulsation. We illustrate this new generic function with modelocked inputs rich in harmonics were fractions of 1,2, and 3 / 2 are generated, and we identify a number of applications for this effect.

Child Protection Legal Process: Comparing The United States And Great Britain, Donald N. Duquette

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The legal response to child maltreatment-or the risk of child maltreatment-varies greatly from society to society and has been little studied, in part because of the idiosyncrasies of community values, social organization, history and legal traditions.2 Cross-country comparison of child abuse and neglect is especially difficult because the ambiguity of social standards and the imprecision of terms used makes it difficult to define the specific behavior one is studying. Even though child maltreatment is widely prohibited, the definition of what actually constitutes child abuse and neglect is not clear within a particular country, much less uniform from one society to …

Infinite Strands, Infinitesimally Thin: Storytelling, Bayesianism, Hearsay And Other Evidence, Richard D. Friedman

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David Schum has long been one of our keenest commentators on questions of inference and proof. He has been particularly interested in, and illuminating on, the subject of "cascaded," or multi-step, inference.' This is a subject of importance to lawyers, because most evidence at trial can be analyzed in terms of cascaded inference. Usually, the proposition that the fact finder2 might immediately infer from the evidence is not itself an element of a crime, claim, or defense. Most often, an extra inference would be required to jump from that proposition to a proposition that the law deems material. Thus, inference …

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

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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.

Centrist Judging And Traditional Family Values: Or Why Papa Can't Be A Rolling Stone Symposium: Contempory Challenges To Judging-History-Politcs-Values, Steven H. Hobbs, Mary F. Mulligan

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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

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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

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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

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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

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"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

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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

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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

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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.