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The Stein Years--A Time Of Advancement And Prosperity, Edward S. Adams Jan 1998

The Stein Years--A Time Of Advancement And Prosperity, Edward S. Adams

Articles

When the seven-year administrationof the school's sixth dean,CarlA Auerbach,ended,thenewLawSchoolbuildinghad become a reality, and Dean Auerbach's principal goal was achieved. As Auerbachpassedthe torchto RobertA Stein, how- ever, he did so amid controversy and widespreadfrustration at the Law School with the legislatureregardingbudgets and class size. Stein,atageforty,wasyoung,energetic,andableto achieve the balanceofwhatDeanAuerbach termed "scholarlyattainment with administrativesavvy." As Stein ascended to the ranks of what he describedas "thebest law school deanshipopportunity in the country,"' he was unanimously viewed as an "extremely ener- getic, enthusiasticand responsive man. 2 Chosen because he was perceived by both faculty members and administratorsalike as an open, easygoingperson who was able to …


Law Firms On The Big Board?: A Proposal For Nonlawyer Investment In Law Firms, Edward S. Adams, John H. Matheson Jan 1998

Law Firms On The Big Board?: A Proposal For Nonlawyer Investment In Law Firms, Edward S. Adams, John H. Matheson

Articles

Every state has a rule proscribing nonlawyer investment in law firms. This sixty-plus-year-old prohibition has created an inefficient legal services market. Firms cannot access capital markets, limiting their opportunities for expansion, curtailing investments in technology and training, and hindering competition. Furthermore, every jurisdiction except the District of Columbia prohibits lawyers from entering into a business association with nonlawyers as partners or directors if the business provides legal services. These prohibitions against nonlawyer investment and participation in law firms have long hindered the legal profession with no signs of change. This Article advocates that these prohibitions be lifted. It discusses the …


Employee Beware: The Irreparable Damage Of The Inevitable Disclosure Doctrine, John H. Matheson Jan 1998

Employee Beware: The Irreparable Damage Of The Inevitable Disclosure Doctrine, John H. Matheson

Articles

For most of us, employment is our most significant consumer activity. People shop for employment just as they shop for goods and services. Generally, the at-will employment doctrine gives workers the freedom to leave one company for another whenever they determine that the alternative employer is offering the worker (a “consumer” of employment opportunities) a more attractive employment package or opportunity. Workers compare wage rates, benefits, skills required, and restrictions in determining which job package to “purchase” with their labor. As a society we also recognize employment as a consumer activity. Consumer protection laws regulate workplace safety and health conditions, …


Third-Party Defenses To Mortgages, Ann Burkhart Jan 1998

Third-Party Defenses To Mortgages, Ann Burkhart

Articles

When the holder of a note and mortgage 1 asserts its rights, well-established law delineates what defenses are available to those who are liable for the debt. However, in some cases a person who is not liable for the debt-a "third party" to the loan transaction-may have a defense against the holder's action. Although the third party is not liable for the debt, it may have an interest in the mortgaged land or in the mortgage itself. Unfortunately, the law is not nearly as clear in this situation. The confusion arises in large part because the laws concerning notes and …


An Analysis Of The Forty-Ninth Session Of The United Nations Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, David Weissbrodt, Shinobu Garrigues, Roman Kroke Jan 1998

An Analysis Of The Forty-Ninth Session Of The United Nations Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, David Weissbrodt, Shinobu Garrigues, Roman Kroke

Articles

The United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities convened its 49th Session from August 4 through August 29, 1997, in Geneva, Switzerland. 1 Under the authority of the U.N. Charter, the Economic and Social Council (ECOSOC) established the Sub-Commission in 1947 as a subsidiary body of the Commission on Human Rights. 2 ECOSOC also created two other sub-commissions at the same time, one to focus on women's rights 3 and the other to deal with freedom of information and freedom of the press. 4 The original mandate of the Sub-Commission was to recommend standards in pursuit …


Brief Summary Of The 50th Session Of The United Nations Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, David Weissbrodt, Mayra Gomez, Bret Thiele Jan 1998

Brief Summary Of The 50th Session Of The United Nations Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, David Weissbrodt, Mayra Gomez, Bret Thiele

Articles

The United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities (Sub-Commission) met in Geneva, Switzerland, from 3 to 28 August 1998 for its fiftieth session.' The Sub-Commission is a subsidiary body of the Commission on Human Rights (Commission). It is composed of 26 members who are nominated by their respective governments and elected to staggered four-year terms by the Commission. Under the principle of geographic distribution, the Sub-Commission has seven members from Africa, five from Latin America, five from Asia, three from Eastern Europe, and six from Western Europe and Other (including Australia, Canada, New Zealand, and the …


A Feminist Interpretation Of The Law Of Legitimacy, Mary Louise Fellows Jan 1998

A Feminist Interpretation Of The Law Of Legitimacy, Mary Louise Fellows

Articles

I am actually going to continue Professor Ead's discussion on procreation and think about it in a slightly different way. As an inheritance law scholar, the definition of the parent-child relationship has obvious importance to me because it determines who is an heir. As a feminist scholar, the definition is also significant to me because the legal rules regarding the parent-child relationship provide a unique perspective on the dialectical link between property and family.


Juvenile And Criminal Justice Systems' Responses To Youth Violence, Barry C. Feld Jan 1998

Juvenile And Criminal Justice Systems' Responses To Youth Violence, Barry C. Feld

Articles

Within the past decade, nearly every state has amended its juvenile code in response to perceived increases in serious, persistent, and violent youth crime. These changes diminish the jurisdiction of juvenile courts as judicial decisions and statutory changes transfer more youths from juvenile courts to criminal courts so that young offenders can be sentenced as adults. Amendments to juvenile sentencing laws increase the punitiveness of sanctions available to juvenile court judges. Other strategies attempt to "blend," or merge, juvenile and criminal court jurisdiction and sentencing authority over violent young offenders. These "get tough" policies affect the numbers and types of …


Main-Streaming Comparative Criminal Justice: How To Incorporate Comparative And International Concepts And Materials Into Basic Criminal Law And Procedure Courses, Richard Frase Jan 1998

Main-Streaming Comparative Criminal Justice: How To Incorporate Comparative And International Concepts And Materials Into Basic Criminal Law And Procedure Courses, Richard Frase

Articles

No abstract provided.


Rocking The Tax Code: A Case Study Of Employment-Related Child-Care Expenditures, Mary Louise Fellows Jan 1998

Rocking The Tax Code: A Case Study Of Employment-Related Child-Care Expenditures, Mary Louise Fellows

Articles

No abstract provided.


Demystifying Federal Labor And Employment Law Preemption, Stephen F. Befort Jan 1998

Demystifying Federal Labor And Employment Law Preemption, Stephen F. Befort

Articles

Federal preemption is an increasingly important area of expertise for labor and employment lawyers. As the sheer volume of laws and cases governing the workplace continues to multiply, so does the need to accommodate the respective spheres of federal and state regulation. For both employee and employer representatives, an understanding of federal preemption law is crucial for navigating the current maze of multiple claims and forums.


30 <= R(3,3,4) <= 31, Konrad Piwakowski, Stanislaw Radziszowski Jan 1998

30 <= R(3,3,4) <= 31, Konrad Piwakowski, Stanislaw Radziszowski

Articles

With the help of computer algorithms, we improve the upper bound on the classical three color Ramsey number R(3,3,4), and thus we show that the exact value of this number is 30 or 31. We also present computer enumeration of all 3-colorings of edges on at least 14 vertices without monochromatic triangles.


"We're All Stuck Here For A While": Law And The Social Construction Of The Black Male, D. Marvin Jones Jan 1998

"We're All Stuck Here For A While": Law And The Social Construction Of The Black Male, D. Marvin Jones

Articles

No abstract provided.


Alejandre V. Republic Of Cuba [Cuban Liability For Shooting Down Civil Aircraft], Stephen J. Schnably Jan 1998

Alejandre V. Republic Of Cuba [Cuban Liability For Shooting Down Civil Aircraft], Stephen J. Schnably

Articles

No abstract provided.


Upper Bounds For Some Ramsey Numbers R(3, K), Stanislaw Radziszowski, Donald Kreher Jan 1998

Upper Bounds For Some Ramsey Numbers R(3, K), Stanislaw Radziszowski, Donald Kreher

Articles

Using several computer algorithms we calculate some values and bounds for the function e(3, k, n), the minimum number of edges in a triangle-free graphs on n vertices with no independent set of size k. As a consequence, the following new upper bounds for the classical two color Ramsey numbers are obtained: R(3,10)<=43, R(3,11)<=51, R(3,12)<=60, R(3,13)<=69 and R(3,14)<=78.


Evaluation Of Implicit Numerical Methods For Building Energy Simulation, Michael Crowley, Saleem Hashmi Jan 1998

Evaluation Of Implicit Numerical Methods For Building Energy Simulation, Michael Crowley, Saleem Hashmi

Articles

The stability of numerical methods used for finite-difference thermal modelling of buildings is discussed. A known instability in a commonly used process is described and alternative numerical methods with suitable stability properties are identified. With a view to selecting the optimum numerical method, the building energy simulation problem is characterized mathematically and appropriate implicit solvers are compared on the basis of accuracy and computational effort using a building related test problem prepared for this purpose. A recently developed numerical method with the necessary strong stability is found to possess higher computational efficiency than methods frequently used in this application and …


Strategies For Evaluating Software Usability, Ronan Fitzpatrick Jan 1998

Strategies For Evaluating Software Usability, Ronan Fitzpatrick

Articles

This paper presents a usage analysis and taxonomy of methods which are used to evaluate the usability of computer systems. To accommodate the analysis and taxonomy, a matrix of strategies which can be used for effective usability evaluation is presented. Such an analysis, taxonomy and strategies support human-computer interaction (HCI) professionals who have the responsibility for ensuring computer system usability. The strategies outlined are named Virtual Engineering, Soft Modelling, Hard Review and Real World. This paper also uses a composite set of existing popular generic evaluation methods which can be used as part of these strategies. The methods used are …


Transitive And Fully Transitive Groups, Steve Files, Brendan Goldsmith Jan 1998

Transitive And Fully Transitive Groups, Steve Files, Brendan Goldsmith

Articles

The notions of transitivity and full transitivity for abelian p-groups were introduced by Kaplansky in the 1950s. Important classes of transitive and fully transitive p-groups were discovered by Hill, among others. Since a 1976 paper by Corner, it has been known that the two properties are independent of one another. We examine how the formation of direct sums of p-groups affects transitivity and full transitivity. In so doing, we uncover a far-reaching class of p-groups for which transitivity and full transitivity are equivalent. This result sheds light on the relationship between the two properties for all p-groups.


The Empire Strikes Back, A. Michael Froomkin Jan 1998

The Empire Strikes Back, A. Michael Froomkin

Articles

No abstract provided.


Domestic Violence In Black And White: Racialized Gender Stereotypes In Gender Violence, Zanita E. Fenton Jan 1998

Domestic Violence In Black And White: Racialized Gender Stereotypes In Gender Violence, Zanita E. Fenton

Articles

No abstract provided.


The Constricted Meaning Of "Community" In Community Policing, Mary I. Coombs Jan 1998

The Constricted Meaning Of "Community" In Community Policing, Mary I. Coombs

Articles

No abstract provided.


Reflections On Teaching In Chile, Janet Stearns Jan 1998

Reflections On Teaching In Chile, Janet Stearns

Articles

No abstract provided.


Religion, Gender, Sexuality, Race And Class In Coalitional Theory: A Critical And Self-Critical Analysis Of Latcrit Social Justice Agendas, Elizabeth M. Iglesias, Francisco Valdes Jan 1998

Religion, Gender, Sexuality, Race And Class In Coalitional Theory: A Critical And Self-Critical Analysis Of Latcrit Social Justice Agendas, Elizabeth M. Iglesias, Francisco Valdes

Articles

No abstract provided.


Out Of The Shadow: Marking Intersections In And Between Asian Pacific American Critical Legal Scholarship And Latina/O Critical Legal Theory, Elizabeth M. Iglesias Jan 1998

Out Of The Shadow: Marking Intersections In And Between Asian Pacific American Critical Legal Scholarship And Latina/O Critical Legal Theory, Elizabeth M. Iglesias

Articles

No abstract provided.


Is American Law Inherently Racist Krinock Lecture Series, Richard Delgado, Daniel A. Farber Jan 1998

Is American Law Inherently Racist Krinock Lecture Series, Richard Delgado, Daniel A. Farber

Articles

No abstract provided.


Estoppel In Property Law, Stewart E. Sterk Jan 1998

Estoppel In Property Law, Stewart E. Sterk

Articles

The article explores the complex role of estoppel doctrine in property law, emphasizing its promise-based nature and its distinct application compared to contract law. It highlights how estoppel enforces promises, resolves disputes, and protects interests in property law, particularly in family and neighbor disputes. The analysis critiques the reliance vs. promise debate, asserting that promise is the critical factor. The article also underscores the challenges of enforcing oral promises and the importance of written agreements to avoid injustice and ensure clarity in property transactions.


Understanding The "Public Interest" Justification For Government Actions, Paul R. Verkuil Jan 1998

Understanding The "Public Interest" Justification For Government Actions, Paul R. Verkuil

Articles

The article examines the concept of "public interest" as a justification for government actions, arguing that while the term has historically been a cornerstone of administrative law, its meaning has become increasingly ambiguous and subjective over time. The author traces the evolution of the public interest standard, from its origins in the New Deal era to its current use, and questions whether it can still serve as an objective standard for evaluating government behavior. The analysis highlights the tension between the public interest as a justification for government action and its susceptibility to political and bureaucratic influence.


United States V. Adlman: Protection For Corporate Work Product?, Charles M. Yablon, Steven S. Sparling Jan 1998

United States V. Adlman: Protection For Corporate Work Product?, Charles M. Yablon, Steven S. Sparling

Articles

The Adlman case, decided by the U.S. Court of Appeals for the Second Circuit, significantly expanded the scope of the work product doctrine, particularly affecting corporate legal documents. The court adopted the "because of litigation" test, determining that documents created in anticipation of future litigation are protected, even if they serve dual purposes such as business strategy. This ruling has implications for how companies prepare for transactions and disputes, potentially shielding more strategic documents from discovery while maintaining exceptions for routine or regulatory documents.


Virtue And Criminal Negligence, Kyron J. Huigens Jan 1998

Virtue And Criminal Negligence, Kyron J. Huigens

Articles

No abstract provided.


Junior Secured Creditors And The Automatic Stay, David G. Carlson Jan 1998

Junior Secured Creditors And The Automatic Stay, David G. Carlson

Articles

No abstract provided.