Digital Commons Network^™

Victimized Twice -- The Intersection Of Domestic Violence And The Workplace: Legal Reform Through Curriculum Development, Lea B. Vaughn

Articles

Domestic violence is at least a two-fold problem for American society. On the one hand, it is one of the leading causes of violence at the workplace against women. On the other, it prevents many women from attaining the economic security that would enable them to escape violence. After describing the background of this problem, this paper will canvass current legal remedies that are available to help battered women achieve economic security. This survey leads to the conclusion that the current pastiche of remedies is often ineffective because of their piecemeal approach to the problem, or because current doctrine does …

International And Comparative Law Perspectives On Internet Patents, Toshiko Takenaka

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This commentary will focus on the participants' proposals relative to the laws of other countries. Particularly, assuming that the same proposals were to be made in an international negotiation, my commentary reflects potential reactions and responses from Japanese and European delegates.

Protecting The Oceanic Gardens Of Eden: International Law Issues In Deep-Sea Vent Resource Conservation And Management, Craig Allen

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This article seeks to stimulate the nascent discussion on legal questions presented by access to, and use of, deep-sea hydrothermal vent sites and resources and to help guide ocean policy analysts in their efforts to formulate and implement appropriate conservation and management measures adapted to the unique multiple-use conflicts posed by the vent phenomena. The inquiry is timely and important for the vent communities, some of which are already showing signs of the human footprint—a footprint that may in the not too distant future include the tracks of submarine bulldozers as they set about the job of seabed mining.

The …

Controlling The Optical Properties Of A Conjugated Co-Polymer Through Variation Of Backbone Isomerism And The Introduction Of Carbon Nanotubes, A. Dalton, J. Coleman, M. In Het Panhuis, B. Mccarthy, A. Drury, W. Blau, J. Nunzi, Hugh Byrne

Articles

The need to control the formation of weakly emitting species in polymers such as aggregates and excimers, which are normally detrimental to device performance, is illustrated for the example of the polymer poly(m-phenylenevinylene-co-2,5-dioctyloxy-p-phenylenevinylene), using the model compound, 2,5-dioctyloxy-p-distyrylbenzene as a comparison. Two different methods, namely a Homer-Emmons polycondensation in dimethylformamide (DMF) and a Wittig polycondensation in dry toluene, have been used during synthesis resulting in a polymer with a predominantly trans-vinylene backbone and a polymer with a predominantly cis-vinylene backbone, respectively. Photoluminescence and absorption spectroscopy indicate that the polymer forms aggregate species in solution with spectra that are distinctly red-shifted …

Attorney-Client Confidentiality And The Assessment Of Claimants Who Allege Posttraumatic Stress Disorder, Robert H. Aronson, Lonnie Rosenwald, Gerald M. Rosen

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Posttraumatic Stress Disorder (PTSD) was first recognized by the American Psychiatric Association in 1980. A PTSD diagnosis requires an individual or individual's loved ones to have experienced a traumatic event that was a threat to life or physical integrity and caused the individual to react to the incident with a specific number of avoidance, reexperiencing, and hyper-arousal symptoms. Obtaining a PTSD diagnosis can be of great value to a personal-injury plaintiff who claims damages due to a traumatic event. Further, if the traumatic event is unquestioned and the individual reports the classic symptoms, a PTSD diagnosis is relatively easy to …

The Mental Health Provider Privilege In The Wake Of Jaffe V. Redmond, Robert H. Aronson

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Many of the revisions to article V of the Uniform Rules of Evidence involved stylistic, nonsubstantive changes. In particular, all language was made gender neutral. The most substantial revision was to Rule 503, formerly titled "Physician and Psychotherapist-Patient Privilege." This revision broadened the scope of the privilege to include a general "mental health provider" privilege, in accord with the trend in the states and the U.S. Supreme Court's decision in Jaffee v. Redmond. In Jaffee, the Court recognized for the first time a federal psychotherapist-patient privilege and extended the privilege to confidential communications with a licensed social worker in …

Books? Why?, Penny A. Hazelton

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Yes, we still need law books.

Hot Topic: Grief In The Workplace, Penny A. Hazelton

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In our death-denying culture, grief is a personal thing not shared with others. I believe that the events of September 11 have made us recognize that we cannot leave grief at the doorstep of our workplaces. Many of us were at work when the stories broke that day. Whether our grief is caused by the acts of terrorism or has a more personal context, we cannot deny that the symptoms of grief create stresses that affect people and, therefore, the work in our libraries.

Care And Maintenance Of The Successful Career: How Experienced Law Librarians Make Their Work Rewarding, Paul M. George, Penny A. Hazelton

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Experienced law librarians explain how at midcareer they continue to find challenges in their jobs and enthusiasm for their work. Although each offers a personal take, common themes emerge around involvement in profession and community, lifelong learning, and balance of work and private lives.

Penny Hazelton's contribution, I Am Not Bored—And Here's Why, begins at page 565.

Fighting The Probate Mafia: A Dissection Of The Probate Exception To Federal Court Jurisdiction, Peter Nicolas

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Despite the complexity and confusion surrounding the probate exception to federal court jurisdiction-or perhaps because of it-it has been given scant attention in the literature. This Article seeks to fill the gap. Part II of this Article sets forth the current application of the probate exception in the lower federal courts. Part III of this Article examines the statutory and constitutional constraints on the federal courts' exercise of subject matter jurisdiction over probate and probate related matters. Part III concludes that the probate exception is a mere gloss on the statutory grants of subject matter jurisdiction to the federal courts …

State Escheat Statutes And Possible Treatment Of Stored Value, Electronic Currency, And Other New Payment Mechanisms, Anita Ramasastry

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Unclaimed property and escheatment is governed primarily by state statutory schemes. State unclaimed property statues require that after a specified period of time, unclaimed and abandoned property escheats to the states. The owner of the property may request return of the property upon proof of his or her ownership. Although several states have adopted the Uniform Unclaimed Property Act as their state escheatment statute,' there are variations in these state statutes. Nonetheless, all state statutes deal with traveler's checks and money orders; most also address gift certificates. Notably absent in all of the state statutes, with the exception of North …

The Emperor's New Clothes: The Shocking Truth About Digital Signatures And Internet Commerce, Jane K. Winn

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This Article critiques a specific set of assumptions about specific application of digital signature technology: that contracts will be formed over the Internet among parties with no prior relationships through reliance on digital signature certificates issued by trusted third parties to establish the identity of the parties. This application for digital signature technology was once seen as both its most ambitious and most promising application because, for parties with no prior knowledge of each other, there is not yet a reliable system of online identities in Internet commerce.

Parties with an ongoing commercial relationship can absorb the cost of offline …

The Durable Power Of Attorney's Place In The Family Of Fiduciary Relationships, Karen E. Boxx

Articles

The durable power of attorney is a deceptively simple document that allows one person to handle the affairs of an incapacitated person without court supervision. It is merely an agency relationship, established by a written document, that continues during the principal's incapacity. The durable power of attorney has been in widespread use only for about twenty-five years. It is very easy to draft, and its use escapes most court proceedings or even much need for legal assistance.

The durable power of attorney has therefore kept a low profile until now, and any attention it is now receiving focuses primarily on …

The Miccosukee Indians And Environmental Law: A Confederacy Of Hope, William H. Rodgers, Jr.

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Two legal orphans have found each other. The older one is "Indian Law," a confused, embarrassing, and twisted body of legal rules that "explain" the relationships between the United States and its native peoples. The newer one is "Environmental Law," a complex and jumbled stew of cases and statutes that "prescribe" proper behavior between modern Americans and the natural world.

Both these children of the law are suspected of subversion—the one is tainted by advocates of separate sovereignties, the other by critics of the American way of life. For Native Americans and environmentalists, their recent legal merger is a confederacy …

The Muddy Boundaries Between Res Judicata And Full Faith And Credit, Stewart E. Sterk

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The Full Faith and Credit Clause of the U.S. Constitution requires states to respect and recognize the legal decisions of other states, but its application is limited when it comes to judgments that attempt to control future behavior or infringe on a state's sovereignty. The article argues that while the clause ensures finality and uniformity, it does not obligate states to enforce sister-state injunctions or orders that dictate conduct beyond their borders. This distinction is particularly evident in cases involving family law, where states retain flexibility to modify or ignore prior judgments based on evolving circumstances, such as the best …

A Review Of The Different Methods For Assessing Standing Balance, Jacinta Browne, N. J. O'Hare

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This paper is a review of the balance assessment methods currently used to evaluate standing balance. Most of the presently available instrumentation appears to be more suited to research laboratories than to routine clinical situations. Functional assessments of balance appear to be the quickest test to administer and do not require expensive equipment however only gross changes in balance can be detected making them suitable as a screening tool for identifying subject’s needing more thorough evaluation. Force platforms appear to be most suited balance assessment instrumentation to the clinical situation since it produces a real time display and can detect …

Facilitators And Inhibitors Of Supply Chain Innovation-Prospects For Supply Chain Managment In The Irish Grocery Sector, Joan Keegan, Edmund O'Callaghan, Mary Wilcox

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Supply chain management is one of the most significant strategic challenges currently facing the Irish grocery sector. The UK grocery market with its emphasis on composite deliveries via regional distribution centres is extremely sophisticated; the Irish grocery sector, however, is in the embryonic stage of implementing central distribution. The potential to develop innovative supply chain systems is mediated by both national logistic-related variables and company characteristics. In addition to competitor activity and market forces, drivers and inhibitors such as economic growth, consumer preferences, the regulatory environment and physical and technological infrastructure influence the evolution of supply chain systems. This paper …

"The Verdict" Is In: The Civic Implications Of Civil Trials, Richard H. Weisberg

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The article argues that civil trials have become central to American civic imagination, reflecting broader societal values and conflicts. Despite current negative portrayals of plaintiffs' lawyers, the cultural narrative of the heroic lawyer fighting against powerful institutions persists, influenced by popular media and historical legal traditions.

Constitutional Migration And The Bounds Of Comparative Analysis, Michel Rosenfeld

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The article explores the complexities and challenges of comparative constitutional analysis, highlighting how constitutional ideas and norms migrate across nations. It emphasizes that while such analysis is necessary and can provide valuable insights, it must be approached with caution, considering the unique cultural, historical, and political contexts of each country. The author argues that foreign constitutional materials can influence domestic law both directly and indirectly, but their application must account for contextual differences to avoid misinterpretation or misuse.

Tax, Trade And Harmful Tax Competition: Reflections On The Fsc Controversy, Reuven S. Avi-Yonah

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This article contrasts three approaches to dealing with the BEPS problem: adopting a unitary taxation regime, ending deferral, and adopting anti-base-erosion measures. It concludes that while the first approach is the best long-term option, the other two are more promising as immediate candidates for adoption in the context of U.S. tax reform and the OECD BEPS project.

The World Trade Constitution, John O. Mcginnis, Mark L. Movsesian

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Conventional wisdom holds that the World Trade Organization (WTO) necessarily poses a threat to sovereignty and representative government within its member nations. Professors McGinnis and Movsesian refute this view. They argue that the WTO can be understood as a constitutive structure that, by reducing the power of protectionist interest groups, can simultaneously promote international trade and domestic democracy. Indeed, in promoting both free trade and accountable government, the WTO reflects many of the insights that inform our own Madisonian Constitution. Professors McGinnis and Movsesian reject recent proposals to grant the WTO regulatory authority, endorsing instead the WTO's limited adjudicative power …

Numerical Simulations Of Steady And Pulsed Non-Adiabatic Magnetised Jets From Young Stars, Stephen O'Sullivan, Tom Ray

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No abstract provided.

Ccd Speckle Observations Of Binary Stars From The Southern Hemisphere. Ii. Measures From The Lowell-Tololo Telescope During 1999, Elliott P. Horch, Otto Franz, Zoran Ninkov

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Speckle observations of 145 double stars and suspected double stars are presented and discussed. On the basis of multiple observations, a total of 280 position angle and separation measures are determined, as well as 23 high-quality nondetections. All observations were taken with the (unintensified) Rochester Institute of Technology fast-readout CCD camera mounted on the Lowell-Tololo 61 cm telescope at the Cerro Tololo Inter-American Observatory during 1999 October. We find that the measures, when judged as a whole against ephemeris positions of binaries with very well-known orbits, have root mean square deviations of (1.8+/- 0.3) degrees in position angle and (13+/-2) …

The Four Discourses Of Law: A Lacanian Analysis Of Legal Practice And Scholarship, Jeanne L. Schroeder

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The article explores the evolving roles of modern lawyers, highlighting the tension between traditional duties like confidentiality and newer disclosure obligations, particularly in securities law. It employs Lacan's discourse theory to analyze legal roles, categorizing them into master, university, analyst, and hysteric discourses. The article argues that understanding these discourses can inform ethical frameworks and professional responsibilities, advocating for a nuanced approach to legal representation.

What Has Modern Literary Theory To Offer Law? (Reviewing Guyora Binder & Robert Weisberg, Literary Criticisms Of Law (2000)), Richard A. Posner

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No abstract provided.

Where Hannah Arendt Went Wrong, David Abraham

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No abstract provided.

From Pirates To Partners: Protecting Intellectual Property In China In The Twenty-First Century, Peter K. Yu

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No abstract provided.

The Political Economy Of Global Multilateralism, John O. Mcginnis

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Many conservatives (at the least the subset who are classical liberals) approve of global multilateral trade agreements and allied agreements that keep global capital markets open. Conservatives, however, tend to be openly skeptical of other global multilateral agreements, be they environmental accords, human rights conventions, military pacts, or an agreement on an international criminal court. In this paper I offer the beginnings of a framework of sound political economy that justifies these divergent intuitions and shows that they are rooted in more than just a reflexive liking for trade combined with a disdain for the environment, human rights, criminal justice, …

Reinventing Structural Reform Litigation: Deputizing Private Citizens In The Enforcement Of Civil Rights, Myriam E. Gilles

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The aim of this Article is to explore the possibility of constructing a model that harnesses the power of private citizens to reform unconstitutional practices, particularly in the critical area of police-related rights violations. I seek here to reintegrate private citizens into the enforcement of public laws; to tap the private experiential and financial resources that were a necessary condition of the great structural reform efforts of the civil rights movement of the 1950s and 1960s.

The vehicle by which I propose to accomplish these ends is a simple, yet novel, amendment to 42 U.S.C. § 14141, the statute which …

The Consequences Of Doj Control Of Litigation On Agencies' Programs, Michael E. Herz, Neal Devins

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No abstract provided.