Digital Commons Network^™

Encouraging Donation Of Organs For Transplantation By Requiring Request, Maxwell J. Mehlman

Faculty Publications

No abstract provided.

Eyewitness Identifications And Expert Testimony, Paul C. Giannelli

Faculty Publications

No abstract provided.

Privacy, Emotional Distress, And The Limits Of Libel Law Reform, Jonathan L. Entin

Faculty Publications

No abstract provided.

A New Theory Of Assent-Based Liability Emerging Under The Guise Of Promissory Estoppel: An Explanation And Defense, Juliet P. Kostritsky

Faculty Publications

This Article will demonstrate that these apparently divergent approaches (bargain and promissory estoppel) share unifying elemental criteria that situate them all squarely within an assent-based theory of enforceability. This Article differs from scholarship that depicts promissory estoppel as having a different conceptual or theoretical basis for enforcement. This Article posits that promissory estoppel, together with other orthodox doctrines, are merely substitute doctrinal methods for showing the assent required for an enforceable consensual exchange.

The Scope Of Liability Under Section 12 Of The Federal Securities Act Of 1933: 'Participation' And The Pertinent Legislative Materials, Douglas E. Abrams

Faculty Publications

Section 12 of the Securities Act of 1933 creates two private rights of action, each providing in relevant part that ‘ a ny person who offers or sells a security . . . shall be liable to the person purchasing such security from him . . ..’ Because suit may be maintained only by the person who purchases the security from defendant, an offeror may incur section 12 liability only if the offeror also ‘sells' the security to the plaintiff. Section 12(1) imposes liability on any seller whose offer or sale violates the Act's registration or prospectus requirements found in …

Core-Excitoninduced Desorption From Mgo, Richard L. Kurtz, Roger Stockbauer, Ralf Nyholm, S. Anders Flodström, Friedmar Senf

Faculty Publications

Core-exciton-induced desorption of O and H from MgO(100) and MgO(111) has been observed using photon excitation energies spanning the O K edge. Electron-yield data from partially oxidized Mg implies that these states are localized in the near-surface region. O and H desorption results from the decay of different O core-exciton states as well as the states produced by interband transitions. The O excitonic levels are interpreted in terms of their related atomic origin. © 1987 The American Physical Society.

A Characterization Of The Ternary Matroids With No M(K4)-Minor, James G. Oxley

Faculty Publications

Brylawski identified the class of binary matroids with no minor isomorphic to M(K4) as being the class of series-parallel networks. From this he deduced that, for all such matroids M, the critical exponent c(M; 2) is at most 2. He also conjectured that a similar result is true over all finite fields GF(q). This paper examines the classes of ternary and GF(4)-representable matroids with no M(K4)-minor. The main result characterizes the former class by showing that, with one exception, the only non-trivial 3-connected members of this class are whirls or minors of the Steiner system S(5, 6, 12). This characterization …

Continuous Pythagoras Numbers For Rational Quadratic Forms, Charles N. Delzell

Faculty Publications

We introduce the concept of the continuous Pythagoras number Pc(S) of a subset S of a commutative topological ring to be, roughly, the least number m ≤ ∞ such that the set of sums of squares of elements of S can be represented as sums of m squares of elements of S, by means of m continuous functions. Heilbronn had already shown that Pc(Q) = 4. Letting Ln(F) be the set of linear n-ary forms over the field F, we show that Pc(Ln(R)) = n. We then allow continuously varying nonnegative rational "weights" on the m square summands. If these …

Disclosure Of Confidential Sources In International Reporting, Lisa A. Kloppenberg

Faculty Publications

No abstract provided.

The Hybridization Of The Content-Neutral Standards For The Free Speech Clause, David Day

Faculty Publications

No abstract provided.

On Knowing One's Place: Constitutional Roles And The Separation Of Powers, George J. Alexander

Faculty Publications

No abstract provided.

Clinical Legal Education: Reflections On The Past Fifteen Years And Aspirations For The Future, Kandis Scott

Faculty Publications

No abstract provided.

The Law Of Computer Technology, Howard C. Anawalt

Faculty Publications

No abstract provided.

The Joint Defense Privilege: Know The Risks, Gerald F. Uelmen

Faculty Publications

No abstract provided.

Converting Retained Lawyers Into Appointed Lawyers: The Ethical And Tactical Implications, Gerald F. Uelmen

Faculty Publications

No abstract provided.

Retaliatory Discharge For Filing A Workers' Compensation Claim: The Development Of A Modern Tort Action, Jean C. Love

Faculty Publications

No abstract provided.

Justice Scalia: Standing, Environmental Law And The Supreme Court, Michael A. Perino

Faculty Publications

President Reagan's appointment of Antonin Scalia to the United States Supreme Court raises concern among liberals that Justice Scalia will help lead the Court away from a number of liberal positions toward a new conservatism. The Reagan Administration's requirement that judicial appointments advance the Administration's preference for judicial restraint and strict constructionism enhances this concern. These new executive requirements mean that federal courts should accord greater authority to the democratically elected branches of the government. Justice Scalia's primary areas of study, administrative law and separation of powers, reflect his adherence to judicial self-restraint.

One aspect of administrative law and separation …

Telemarketing. Curriculum Guides And Content Outlines For Telemarketing: Entry-Level Position., Del Shepard

Faculty Publications

This curriculum guide and content outline for the telemarketing entry-level position contains seven sections: (1) specialized telemarketing tasks; (2) telemarketing selling skills; (3) marketing tasks; (4) business-related tasks; (5) business-specific tasks; (6) personnel/human resources-related tasks; and (7) communications and minimum skill tasks. Each section includes an introduction and topics covered; purpose; objective(s); activities; evaluation; resources; content outline; and additional topics. Section 1 contains the following units: telephone manners; telemarketing in relation to the firm; personal minimum skills; telephone as a marketing tool; telemarketing trends; telephone procedures; dimensions; marketing techniques; and telemarketing and marketing mix. Section 2 covers these topics: attention …

A Mathematical Model Of A Zinc/Bromine Flow Cell, T. I. Evans, Ralph E. White

Faculty Publications

A mathematical model is presented for a zinc/bromine flow cell. The model includes a thin porous layer on the bromine electrode and a porous separator. The independent parameters of the porous layer are defined, and their effect on cell performance during charge and discharge is investigated. The dependence of the round trip energy efficiency on the thickness of the porous layer and mode of discharge is presented. The predictions of the model show that a maximum round trip energy efficiency of 70% should be possible under the design conditions considered.

A Review Of Mathematical Modeling Of The Zinc/Bromine Flow Cell And Battery, T. I. Evans, Ralph E. White

Faculty Publications

Mathematical models which have been developed to study various aspects of the zinc/bromine cell and stack of cells are reviewed. Development of these macroscopic models begins with a material balance, a transport equation which includes a migration term for charged species in an electric field, and an electrode kinetic expression. Various types of models are discussed: partial differential equation models that can be used to predict current and potential distributions, an algebraic model that includes shunt currents and associated energy losses and can be used to determine the optimum resistivity of an electrolyte, and ordinary differential equation models that can …

Reforming The Tort Defamation: An Accomodation Of The Competing Interests Within The Current Constitutional Framework, Paul A. Lebel

Faculty Publications

No abstract provided.

The Circleville Massacre: A Brutal Incident In Utah's Black Hawk War, Albert Winkler

Faculty Publications

The Ute Indians of Utah rebelled against the white settlers of Utah, and war broke out in 1865. The Ute Indians showed skill at war, and they staged an attack on Circleville that killed four people. The white settlers became suspicious of the nearby Piute Indians and arrested them. The Indians attempted to escape and were shot down. The white settlers feared that the nearby Indians would retaliate, so they killed the women and children. Three or four small children were spared to be raised by white families.

Has The First Amendment Arrived For Broadcasting?, Tom A. Collins

Faculty Publications

No abstract provided.

Federalism, Congress, The States And The Tenth Amendment: Adrift In The Cellophane Sea, William W. Van Alstyne

Faculty Publications

Like Gaul, this essay is divided into three parts. The first two parts are adapted from a public address delivered at the Association of the Bar of the City of New York, as part of its Bicentennial series, in 1987. The third part was added later, originally as an Addendum Note. The general subject was introduced by the moderator, Mr. Robert MacCrate, President of the Amerian Bar Association, who put the following question: "Where does the federalism of the Constitution stand today?" Professor Martha Field of the Harvard Law School presented a paper in first response. This paper then followed, …

The Trustee As School Library Advocate, Ken Haycock

Faculty Publications

No abstract provided.

The Search For Caring And Justice: The Social Functions Of Medicine And Law, Larry I. Palmer

Faculty Publications

No abstract provided.

Telemarketing. Curriculum Guides & Content Outlines For Telemarketing: Telemarketing Specialist., Del Shepard

Faculty Publications

This curriculum guide and content outline for the telemarketing specialist contains seven sections: (1) specialized telemarketing tasks; (2) telemarketing selling skills; (3) marketing tasks; (4) business-related tasks; (5) business-specific tasks; (6) personnel/human resources related; and (7) communications and minimum skill tasks. Each section includes an introduction and topics covered; purpose; objective(s); activities; evaluation; resources; content outline; and additional topics. Section 1 covers the following: telephone manners; telemarketing in relation to the firm; personal minimum skills; telephone as a marketing tool; telemarketing trends; training personnel; dimensions; marketing techniques; and telemarketing and marketing mix. Topics in section 2 are as follows: attention …

Dialectical Federalism: A Tribute To The West Virginia Supreme Court Of Appeals, Gene R. Nichol

Faculty Publications

No abstract provided.

The Good, The Bad, And The Press, Paul A. Lebel

Faculty Publications

No abstract provided.

Eastward To Eden: The Nauvoo Rescue Missions, Richard E. Bennett

Faculty Publications

I have felt sensibly there was a good deal of suffering among the saints in Nauvoo, as there has been amongst us, but the Lord God who has fed us all the day long, has his care still over us and when the saints are chastened enough, it will cease. I have ever believed the Lord would suffer a general massacre of this people by a mob. If ten thousand men were to come against us, and no other way was open for our deliverance, the earth would swallow them up (Journal History, 27 Sept. 1846). These were the words …