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Memorable Murder Trials Of Los Angeles, Gerald F. Uelmen Mar 1981

Memorable Murder Trials Of Los Angeles, Gerald F. Uelmen

Faculty Publications

No abstract provided.


The Competitive Advantages Explanation For Interbrand Restraints: An Antitrust Analysis, Peter M. Gerhart Jan 1981

The Competitive Advantages Explanation For Interbrand Restraints: An Antitrust Analysis, Peter M. Gerhart

Faculty Publications

This article argues that antitrust doctrine concerning intrabrand restrictions is unsatisfactory because the economic theory of intrabrand restrictions has been only partially developed and articulated. An unfilled and largely unacknowledged analytical gap exists between the view that intrabrand restraints are generally anticompetitive and the view that intrabrand restraints are generally efficiency-producing. That gap is the failure to explore how a manufacturer benefits from intrabrand restraints other than by increasing the profitability of his dealers. This article attempts to fill that gap by drawing on the theory of imperfect competition to explain why manufacturers find it profitable to restrict intrabrand competition …


Monetary Approaches To Devaluation: Comment, Yeung-Nan Shieh Jan 1981

Monetary Approaches To Devaluation: Comment, Yeung-Nan Shieh

Faculty Publications

No abstract provided.


Developments In Patent Law, Ramon A. Klitzke Jan 1981

Developments In Patent Law, Ramon A. Klitzke

Faculty Publications

No abstract provided.


The Ohio Rules Of Evidence: Part Iii, Paul C. Giannelli Jan 1981

The Ohio Rules Of Evidence: Part Iii, Paul C. Giannelli

Faculty Publications

No abstract provided.


The Ohio Rules Of Evidence: Part V, Paul C. Giannelli Jan 1981

The Ohio Rules Of Evidence: Part V, Paul C. Giannelli

Faculty Publications

No abstract provided.


Writing From A Legal Perspective By George D. Gopen, Douglas E. Abrams, Jay Wishingrad Jan 1981

Writing From A Legal Perspective By George D. Gopen, Douglas E. Abrams, Jay Wishingrad

Faculty Publications

Criticism of legal writing has come with increasing frequency and stridency in recent years from lawyers and nonlawyers alike. Judges have criticized the writing of advocates, and lawyers have complained about the writing of judges and other lawyers. Law professors have bemoaned both their students' inability to write the King's English5 *1062 and their own tendency to write ‘unintelligible gibberish.’ And all law school graduates have been pilloried by a general public that has grown increasingly resentful of the unnecessary complexity of ‘legalese.


State Regulation Of Social Services Ministries Of Religious Organizations, Carl H. Esbeck Jan 1981

State Regulation Of Social Services Ministries Of Religious Organizations, Carl H. Esbeck

Faculty Publications

Religiously motivated civil disobedience in the area of social and human services ministries of religious organizations has become increasingly widespread. With growing governmental involvement in the lives of citizens and moves by federal and state agencies to narrowly confine and define religious activities, it comes as no surprise that conflict over the proper role of the state has crept as well into the arena of social and human services conducted from religious motivation. The current litigation and legislation is principally focused on state regulation by certification or licensing requirements that are expanding from health, fire, and safety concerns into the …


Recovery In Tort For Educational Malpractice: Problems Of Theory And Policy, Robert H. Jerry Ii Jan 1981

Recovery In Tort For Educational Malpractice: Problems Of Theory And Policy, Robert H. Jerry Ii

Faculty Publications

This Article considers whether denial of a cause of action for educational malpractice is consistent with recognized tort principles and the general policy considerations underlying those principles. After briefly summarizing three lawsuits in which the cause of action has been advocated and rejected, it explores the collision between theory and policy that permeates the decisions. The Article suggests that refusal to recognize the cause of action is incompatible with accepted tort principles, and that a cogent theory supporting nonrecognition cannot be articulated within the confines of the accepted principles and the general policies upon which those principles are based. If …


Null Faraday Rotation-A Clean Method For Determination Of Relaxation Times And Effective Masses In Mis And Other Systems, R. F. O'Connell, G. L. Wallace Jan 1981

Null Faraday Rotation-A Clean Method For Determination Of Relaxation Times And Effective Masses In Mis And Other Systems, R. F. O'Connell, G. L. Wallace

Faculty Publications

We determine the relation between photon, cyclotron, collision, and plasma frequencies which ensures a null Faraday rotation for electromagnetic wave propagation in a free-carrier magnetoplasma. This provides a clean determination (in the sense that it is independent of multiple reflections and the length of the plasma along the beam direction) of scattering times and effective masses in MIS and other systems. © 1981.


Getting Government Off The Backs Of People: The Right Of Privacy And Freedom Of Expression In The Opinions Of Justice William O. Douglas, Dorothy J. Glancy Jan 1981

Getting Government Off The Backs Of People: The Right Of Privacy And Freedom Of Expression In The Opinions Of Justice William O. Douglas, Dorothy J. Glancy

Faculty Publications

No abstract provided.


The Ohio Rules Of Evidence: Part Iv, Paul C. Giannelli Jan 1981

The Ohio Rules Of Evidence: Part Iv, Paul C. Giannelli

Faculty Publications

No abstract provided.


The Ohio Rules Of Evidence: Part Ii, Paul C. Giannelli Jan 1981

The Ohio Rules Of Evidence: Part Ii, Paul C. Giannelli

Faculty Publications

No abstract provided.


The Decline And Fall Of Taxable Income, Glenn E. Coven Jan 1981

The Decline And Fall Of Taxable Income, Glenn E. Coven

Faculty Publications

No abstract provided.


Categories And The First Amendment: A Play In Three Acts, Frederick Schauer Jan 1981

Categories And The First Amendment: A Play In Three Acts, Frederick Schauer

Faculty Publications

No abstract provided.


Constitutional Law, Thomas E. Baker Jan 1981

Constitutional Law, Thomas E. Baker

Faculty Publications

This 1981 article discusses principles of federal constitutional law. Professor Baker notes that the constitutional decisions of the courts of appeals will continue to increase in number and importance as the burgeoning federal caseload grows. Professor Baker analyzes how the Fifth Circuit dealt with constitutional principles in the year preceding the article. The article commences with a discussion of cases dealing with justiciability issues. The justiciability issues discussed include standing, mootness, advisory opinions, political questions, ripeness, and Eleventh Amendment issues. Next, Professor Baker discusses cases construing the Commerce Clause. Next, the article discusses cases dealing with due process issues, both …


Jury Nullification: The Contours Of A Controversy, Alan Scheflin Oct 1980

Jury Nullification: The Contours Of A Controversy, Alan Scheflin

Faculty Publications

No abstract provided.


The First Amendment And The Free Press: A Comment On Some New Trends And Some Old Theories, William W. Van Alstyne Oct 1980

The First Amendment And The Free Press: A Comment On Some New Trends And Some Old Theories, William W. Van Alstyne

Faculty Publications

Responding to the trend of media rights being subjugated through the legal process, this article examines Justice Stewart's suggestion that the media should be treated with extra deference in First Amendment cases. This examination looks at the sufficiency of the press's claim of judicial harshness, whether the press should be treated differently than other speakers, and also compares press freedom in foreign nations.


The Recrudescence Of Property Rights As The Foremost Principle Of Civil Liberties: The First Decade Of The Burger Court, William W. Van Alstyne Jul 1980

The Recrudescence Of Property Rights As The Foremost Principle Of Civil Liberties: The First Decade Of The Burger Court, William W. Van Alstyne

Faculty Publications

No abstract provided.


Second Annual Report Of The Independent Evaluation Of The California Master Plan For Special Education Volume 2, Patricia Craig Apr 1980

Second Annual Report Of The Independent Evaluation Of The California Master Plan For Special Education Volume 2, Patricia Craig

Faculty Publications

This volume of the Second Annual Report on the California Master Plan for Special Education contains supporting technical information for the findings reported in Volume I. In the first section of this appendix, the method used to select the 25 sample areas is described. The second section details the methodology used for selecting teachers and parents for the questionnaire survey and presents response rates by area for each group surveyed. The third section explains the methodology used to develop the indices of knowledge, satisfaction, and skill. The fourth section des­cribes the procedures used for the follow-up of survey activities, presents …


Second Annual Report Of The Independent Evaluation Of The California Master Plan For Special Education Volume 1, Patricia Craig Apr 1980

Second Annual Report Of The Independent Evaluation Of The California Master Plan For Special Education Volume 1, Patricia Craig

Faculty Publications

This two-volume Second Annual Report presents the results of the data collection activities during the first year. The first volume is a nontechnical presentation of the research findings. We have tried to keep it as free of technical jargon as possible and have assumed that readers have some familiarity with the California Master Plan. Volume II is a technical appendix that discusses in detail the methodological aspects of the work. The purpose of this report is to describe concisely, informatively, and objectively the status of special education programs in districts, RLAs, and counties. Most of the information presented is based …


The New Iowa Criminal Code: Part Ii, Kermit L. Dunahoo Apr 1980

The New Iowa Criminal Code: Part Ii, Kermit L. Dunahoo

Faculty Publications

No abstract provided.


Program Advocacy: The Missing Element, Ken Haycock Jan 1980

Program Advocacy: The Missing Element, Ken Haycock

Faculty Publications

No abstract provided.


Behavior Of The Southern Pine Beetle On The Bark Of Host Trees During Mass Attack, Jack E. Coster, W.D. Bunt, P.C. Johnson Jan 1980

Behavior Of The Southern Pine Beetle On The Bark Of Host Trees During Mass Attack, Jack E. Coster, W.D. Bunt, P.C. Johnson

Faculty Publications

Twenty-two percent of the southern pine beetles, Dendroctonus frontalis Zimmermann (Coleoptera: Scolytidae), that landed on the bark during the 1st 4 days of mass attack in East Texas, eventually entered the tree. Other beetles either flew away (43%), dropped off the host (32%), or were eaten (2%). No significant difference in searching time or distance traveled was found for day of attack or beetle sex. Males spent significantly less total time on the bark than females.


Comment, Rationalizing Liability For Nondisclosure Under 10b-5: Equal Access To Information And United States V. Chiarella,, Juliet P. Kostritsky Jan 1980

Comment, Rationalizing Liability For Nondisclosure Under 10b-5: Equal Access To Information And United States V. Chiarella,, Juliet P. Kostritsky

Faculty Publications

Chiarella provided the Second Circuit with an opportunity to resolve an important issue on which there previously had been no square holding: whether a person who is not an insider and has no inside knowledge about the company whose securities he is trading nevertheless has a duty to disclose nonpublic material information in his possession about impending stock market events. The court viewed such a person as a "market insider"'" and found a duty to disclose. To evaluate the propriety of imposing liability in this situation, this comment will first trace the development and expansion of liability for nondisclosure under …


Note, United States V. Progressive, Inc.: The Faustian Bargain And The First Amendment, Jonathan L. Entin Jan 1980

Note, United States V. Progressive, Inc.: The Faustian Bargain And The First Amendment, Jonathan L. Entin

Faculty Publications

Note discussing United States v. Progressive, Inc.


Constitutional Limits On State Regulatory And Protectionist Policies, Peter M. Gerhart Jan 1980

Constitutional Limits On State Regulatory And Protectionist Policies, Peter M. Gerhart

Faculty Publications

My theme throughout is this: Although the Supreme Court's sometimes timid review of state regulatory legislation may be explained by its continued allergic reaction to economic due process review, that timidity is often unwarranted because the Constitution does embody several principles that protect the free market from some forms of state intervention.


On Hartfiel And Maxson's Definition Of Connected Sets Of A Matroid, James G. Oxley Jan 1980

On Hartfiel And Maxson's Definition Of Connected Sets Of A Matroid, James G. Oxley

Faculty Publications

In a loopless matroid a non-empty set is connected in the sense of Hartfiel and Maxson if and only if it spans a non-separable flat. © 1980.


The Effect Of Dam Closure On Downstream Rapids, William L. Graf Jan 1980

The Effect Of Dam Closure On Downstream Rapids, William L. Graf

Faculty Publications

The force of flowing water and the resistance of the largest boulder provide a means of evaluation of the stability of rapids in canyon rivers. Field measurements and calculations show that the closure of Flaming Gorge Dam, Utah, has had a significant effect on the stability of rapids in the canyons of the Green River in Dinosaur National Monument 68 km (42 mi) downstream from the dam. The reduction in peak flows by the dam has limited the competence of the river to move boulders deposited in the main channel by tributary processes, landslides, and prehistoric floods. Before the dam …


The Ohio Rules Of Evidence: Part I, Paul C. Giannelli Jan 1980

The Ohio Rules Of Evidence: Part I, Paul C. Giannelli

Faculty Publications

No abstract provided.