Digital Commons Network^™

Dna Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.

Limited Liability In Environmental Law, George W. Dent

Faculty Publications

The social importance and immense costs of pollution make environmental law an ideal arena for reconsidering theories of limited liability for tort. This article examines the question in the context of the Comprehensive Environmental Response, Compensation, and Liability Act (CER-CLA).1 Part I reviews the text and legislative history of the Act. Part II analyzes the CERCLA case law on the liability of controlling persons, especially those involving parent corporations. Part III discusses the general theory of limited liability and its exceptions. Part IV applies this general theory to CERCLA and finds that its special features call for distinctive approaches. Part …

Choosing Justice, Howard C. Anawalt

Faculty Publications

No abstract provided.

The Legacy Of Doubt: Treatment Of Sex And Race In The Hill-Thomas Hearings, Stephanie M. Wildman, Adrienne D. Davis

Faculty Publications

No abstract provided.

Drawing The Appropriate Statute Of Limitations In Implied Causes Of Action Under Rule 10b-5: A General Framework Of Familiar Legal Principles, Donald J. Polden

Faculty Publications

No abstract provided.

Sex, Drugs, Pregnancy, And The Law: Rethinking The Problems Of Pregnant Women Who Use Drugs, Michelle Oberman

Faculty Publications

No abstract provided.

Desegregation Through Private Litigation: Using Equitable Remedies To Achieve The Purposes Of The Fair Housing Act, Margalynne J. Armstrong

Faculty Publications

No abstract provided.

Diversity And Equal Protection In The Marketplace: The Metro Broadcasting Case In Context, Allen S. Hammond Iv

Faculty Publications

No abstract provided.

Competing In Global Product Innovation: Is Antitrust Immunity Necessary?, George J. Alexander

Faculty Publications

No abstract provided.

The Rehnquist Court And The Dormant Commerce Clause: The Potential Unsettling Of The "Well-Settled Principles", David Day

Faculty Publications

No abstract provided.

A Mathematical Model Of A Sealed Nickel-Cadmium Battery, Deyuan Fan, Ralph E. White

Faculty Publications

A mathematical model for the charge and discharge of a sealed nickel-cadmium (Ni-Cd) battery is presented. The model is used to study the effect of transport properties of the electrolyte and kinetic parameters of the electrode reactions on the cell performance during the charge and discharge period. The model can also be used to demonstrate the changes of cell performance during cycling. Some comparisons between model predictions and experimental results indicate that the model predictions appear to fit the experimental data well. Sensitivity analyses illustrate that the sealed nickel-cadmium battery operates under activation control. It is also shown theoretically that …

Rotten To The "Core": An Essay On Juries, Jurisdiction And Granfinanciera, G. Ray Warner

Faculty Publications

(Excerpt)

Like a worm in an apple, the recent Granfinanciera, S.A. v. Nordberg decision has eaten away the article III heart of the current bankruptcy jurisdictional scheme while leaving nothing more than a seventh amendment blemish on the surface.

Granfinanciera ostensibly involves only the question whether Congress may, consistent with the seventh amendment jury trial guarantee, bar trial by jury in a fraudulent conveyance action brought in the bankruptcy court. The Court, however, converts the issue into an article III delegation question by equating Congress' power to override the seventh amendment with its power to delegate matters to non-article III …

From Widmar To Mergens: The Winding Road Of First Amendment Analysis, Rosemary C. Salomone

Faculty Publications

(Excerpt)

In 1981, the Supreme Court decided Widmar v. Vincent, holding that a state university that created a "limited open forum" by opening its facilities to student organizations must grant equal access to religiously affiliated groups. The university's failure to do so constituted content-based discrimination that violated the First Amendment to the United States Constitution. The Court rejected the university's argument that its policy to disallow religious meetings on campus was implemented to avoid contravening establishment clause principles. The Court's opinion was inconclusive as to whether the Widmar rationale would apply to secondary schools.

During the same period, Congress …

Why Legal Research Training Is So Bad: A Response To Howland And Lewis, I. Trotter Hardy

Faculty Publications

No abstract provided.

Bank Liability For Fiduciary Fraud, Marion W. Benfield Jr., Peter A. Alces

Faculty Publications

No abstract provided.

Judge Robert Bork And The Quest For Original Intent (Reviewing Robert H. Bork, The Tempting Of America: The Political Seduction Of The Law (1990)), Jonathan Van Patten

Faculty Publications

No abstract provided.

Religious Devoutness In College Students: Relations With Emotional Support Adjustment And Psychological Separation From Parents, P. Scott Richards

Faculty Publications

The relation between religious orientation and mental health was investigated. Measures of religious orientation and devoutness, depression, shame and guilt, existential well-being, and psychological separation from parents were administered to 268 undergraduate students. Four groups were formed. Results indicated that religiously devout intrinsic and proreligious Ss did not differ from less devout extrinsic and nontraditionally religious students in depression, shame, and existential well-being. Intrinsic and proreligious Ss scored higher on guilt proneness and religious well-being and lower on functional, attitudinal, and emotional separation from parents than did nontraditionally religious Ss. Ellis's (1980) religiosity-em otional-disturbance hypothesis was not supported. Some insight …

Best Evidence Rule, Paul C. Giannelli

Faculty Publications

No abstract provided.

A Primer For Accompanying Secondary Student Groups To France. [Revised]., Jim Becker

Faculty Publications

Many of the factors that can help ensure a successful and positive learning experience for teachers; leaders; chaperons; and students who travel and/or study in France are addressed in this publication. Although it is geared toward France; many of the ideas; especially the section on pre-departure orientation; can be applied to any travel group. The primary objectives of the booklet are to help teachers develop confidence in taking students abroad; to promote the "know before you go" mentality; and to provide an information resource. Among the nearly 100 topics covered are the following: itinerary; airport check-in; menus; post office; insurance; …

A Mathematical Model Of The Self-Discharge Of A Ni-H2 Battery, Z. Mao, Ralph E. White

Faculty Publications

A simple mathematical model is presented and used to characterize the self-discharge of a nickel oxyhydroxide(NiOOH) electrode in a hydrogen environment. This model includes diffusion of dissolved hydrogen in an electrolyte film which covers a flooded electrode, electrochemical oxidation of hydrogen, reduction of nickel oxyhydroxide, and changes of surface area and of porosity of the electrode during the self-discharge process. Although the self-discharge process is complicated, the predictions of the model are consistent with experimental results reported in the literature, which include linear relationships between the logarithm of hydrogen pressure and time and between the logarithm of the capacity remaining …

The Coastal Zone Management Act And The Takings Clause In The 1990'S: Making The Case For Federal Land Use To Preserve Coastal Areas, Linda A. Malone

Faculty Publications

No abstract provided.

Ronald V. Dellums V. George Bush (D.D.C. 1990): Memorandum Amicus Curiae Of Law Professors, Bruce A. Ackerman, Abram Chayes, Lori Fisler Damrosch, John Hart Ely, Erwin N. Griswold, Gerald Gunther, Louis Henkin, Harold Hongju Koh, Philip B. Kurland, Laurence H. Tribe, William W. Van Alstyne

Faculty Publications

This joint memorandum is submitted to the court hearing Dellums v. Bush. This amicus brief advocates that the President may not order American armed forces to make war without consultation with and approval by Congress. The brief also argues that the case is justiciable.

The Limits Of "Liberal Republicanism": Why Group-Based Remedies And Republican Citizenship Don't Mix, Cynthia V. Ward

Faculty Publications

No abstract provided.

Valuation Issues In Applying Fraudulent Transfer Law To Leveraged Buyouts, Alemante G. Selassie

Faculty Publications

No abstract provided.

The Role Of Precedent In Constitutional Decisionmaking And Theory, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Limiting Disclosure Of Rape Victims' Identities, Paul Marcus, Tara L. Mcmahon

Faculty Publications

No abstract provided.

Freedom Of Speech And The Flag Anti-Desecration Amendment: Antinomies Of Constitutional Choice, William W. Van Alstyne

Faculty Publications

No abstract provided.

Affirmative Action In The Marketplace Of Ideas, Rodney A. Smolla

Faculty Publications

No abstract provided.

Reporting Substantial Product Safety Hazards Under The Consumer Product Safety Act: The Products Liability Interface, Timothy Zick

Faculty Publications

No abstract provided.

Prisoners' Rights, Timothy Zick

Faculty Publications

No abstract provided.