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Equilibrium Theory, The Ficas Model, And International Banking Law, Raj Bhala Jan 1997

Equilibrium Theory, The Ficas Model, And International Banking Law, Raj Bhala

Faculty Publications

No abstract provided.

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Reinvigorating Autonomy: Freedom And Responsibility In The Supreme Court's First Amendment Jurisprudence, Christina E. Wells Jan 1997

Reinvigorating Autonomy: Freedom And Responsibility In The Supreme Court's First Amendment Jurisprudence, Christina E. Wells

Faculty Publications

Part I of this Article explores the conception of autonomy that scholars have generally attributed to the Court and discusses problems with that conception. Part II sets forth an alternative, Kantian conception of autonomy and discusses its implications for a system of laws regulating free expression. Part III analyzes the Court's free speech jurisprudence and its autonomy rationale. It specifically examines both the Court's distinction between content-based and content-neutral regulations of speech and its approach to low-value speech, demonstrating that they reflect a Kantian notion of autonomy. Finally, Part IV discusses the implications of Kantian autonomy for hate speech regulation, …

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American Innocence, Robert N. Strassfeld Jan 1997

American Innocence, Robert N. Strassfeld

Faculty Publications

The sad fact is that our relationship to torture and other atrocities is more complicated and less innocent than we or President Bush would like to believe. This article examines that relationship and the ways in which we try to distance ourselves from torture and atrocity. Part II briefly explores our notions of exceptionalism and innocence. Part III then turns to our efforts to evade responsibility for torture and atrocity. First, it briefly discusses ways in which we try to deny our own acts of torture and abuse through rhetorical misdirection and by relegating torture to the shadows. Part III's …

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Legitimacy And The Useful Arts, Craig Allen Nard Jan 1997

Legitimacy And The Useful Arts, Craig Allen Nard

Faculty Publications

The fundamental question this Article addresses is who should be primarily responsible for making patent validity determinations: the courts5 or the Patent and Trademark Office (“PTO”)?6 Which entity *517 would best serve the constitutional goal of promoting the progress of the useful arts?

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Terry V. Ohio At Thirty: A Revisionist View, Lewis R. Katz Jan 1997

Terry V. Ohio At Thirty: A Revisionist View, Lewis R. Katz

Faculty Publications

In this Article, I suggest that, while the Warren Court provided a needed tool to police, it failed to achieve its stated purpose of tying the practice to the Fourth Amendment reasonableness standard. First, the Court failed to adequately define an "investigatory stop," leading later courts to harden the definition, eliminating the Fourth Amendment from most on-the-street police-citizen encounters. Second, the facts in Terry failed to meet the reasonableness standard Chief Justice Warren purported to apply and which subsequently has been further weakened in later cases. Finally, the decision in Terry failed to strike a meaningful Fourth Amendment balance between …

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Robert Mcnamara And The Art And Law Of Confession: ‘A Simple Desultory Philippic (Or How I Was Robert Mcnamara’D Into Submission)’, Robert N. Strassfeld Jan 1997

Robert Mcnamara And The Art And Law Of Confession: ‘A Simple Desultory Philippic (Or How I Was Robert Mcnamara’D Into Submission)’, Robert N. Strassfeld

Faculty Publications

This Article examines McNamara's "confession" and the public response to it within the context of an American tradition of confession in law and literature. Part I traces that tradition to the criminal conversion narratives and gallows speeches of colonial New England. Puritan society had clear expectations of what it took to make a good confession, and the Article identifies these rules for confession. It also examines the functions of confession in that society and argues that these confessions had several social consequences, including easing the consciences of those implicated in the criminal's punishment; bolstering civil and religious authority; warning the …

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Rationing Expensive Lifesaving Medical Resources, Maxwell J. Mehlman Jan 1997

Rationing Expensive Lifesaving Medical Resources, Maxwell J. Mehlman

Faculty Publications

In this Article, Professor Mehlman examines the possible systems for rationing expensive lifesaving medical technologies. First, he concludes that the costs of any rationing system probably exceed its benefits. Consequently, he rejects the rationing of expensive but available lifesaving medical technologies. Second, he argues that the increased availability of the technologies and the recent expansion of patient rights to sue will result in a substantial number of judicial challenges to rationing. Finally, he suggests detailed criteria to aid the courts in deciding whether a resource has been improperly rationed.

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Guidance Rules And Enforcement Rules: A Better View Of The Cathedral, Dale A. Nance Jan 1997

Guidance Rules And Enforcement Rules: A Better View Of The Cathedral, Dale A. Nance

Faculty Publications

Contemporary economic analysis of law is a product of the confluence of standard microeconomics with a legal tradition heavily influenced by American Legal Realism. The effect of this merger has been an analysis of legal institutions from the perspective of the Holmesian "bad man," who sees predicted legal actions as merely various expected material costs or benefits to be taken into account. This might be illuminating for the purposes of an "outsider," such as a sociological behaviorist or perhaps even a legal advisor alerting her "bad man" client to the risks of adverse legal consequences. But it produces bizarre results …

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The Supreme Court’S Misleading Footnote In General Dynamics, Erik M. Jensen Jan 1997

The Supreme Court’S Misleading Footnote In General Dynamics, Erik M. Jensen

Faculty Publications

This article examines footnote 3 in the Supreme Court's 1987 opinion in United States v. General Dynamics. In that case, governed by the law in place before the Tax Reform Act of 1984, the Court held that General Dynamics had to defer deductions attributable to claims for employee medical expenses until the claims were approved. In the footnote, the Court suggested that the 1984 amendment to section 461(h) of the Internal Revenue Code postponing the time for deducting accrued expenses until economic performance would, in a similar case governed by the statutory change, have further deferred General Dynamics' deduction until …

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The Automobile Exception Transformed: The Rise Of A Public Place Exemption To The Warrant Requirement, Lewis R. Katz Jan 1997

The Automobile Exception Transformed: The Rise Of A Public Place Exemption To The Warrant Requirement, Lewis R. Katz

Faculty Publications

The Supreme Court in recent years has aggressively pursued restrictions on a person's Constitutional protections from unreasonable searches and seizures. Perhaps no better example exists of the radically changing fourth amendment analysis than the automobile exception to the warrant requirement This exception allows a law enforcement official with probable cause to believe that evidence of a crime is hidden in a vehicle to search that vehicle without obtaining a search warrant This Article explores the genesis and unchecked growth of the automobile exception from a necessary outgrowth of the exigencies of protecting police officers and preventing tampering with evidence, to …

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Presumed Consent To Organ Donation: A Reevaluation, Maxwell J. Mehlman Jan 1997

Presumed Consent To Organ Donation: A Reevaluation, Maxwell J. Mehlman

Faculty Publications

his paper examines the presumed consent approach from a practical, legal and ethical perspective. It concludes that presumed consent for harvesting cadaveric organs a may be a viable policy alternative, but that research in a number of specific areas is needed before the policy can be endorsed.

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Reshaping The Precontractual Liability Debate: Beyond Short-Run Economics, Juliet P. Kostritsky Jan 1997

Reshaping The Precontractual Liability Debate: Beyond Short-Run Economics, Juliet P. Kostritsky

Faculty Publications

This article responds to three recent treatments of precontractual bargaining by Professors Richard Craswell and Avery Katz and Mr. Wouter vils: Richard Craswell, Offer, Acceptance, and Efficient Reliance, 48 STAN. L. REv. 481 (1996); Avery Katz, When Should An Offer Stick? The Economics of Promissory Estoppel in Preliminary Negotiations, 105 YALE L.. 1249 (1996); and Wouter Wils, Who Should Bear the Costs of Failed Negotiations? A Functional Inquiry Into Precontractual Liability, 4 JOURNAL DES EcONOMsMs Er DES ETUDES HUMAINES 93 (1993).

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Judicial Review Of Customs Service Actions, Peter M. Gerhart Jan 1997

Judicial Review Of Customs Service Actions, Peter M. Gerhart

Faculty Publications

This article is based on a report prepared for the Administrative Conference of the United States in connection with its study of judicial review of actions taken by the U.S. Customs Service. The recommendations herein were adopted in substantially identical form by the Administrative Conference at its September 19, 1977, plenary session. The article examines the present availability and scope if review of administrative decisions of the U.S. Customs Service. The author analyzes the overall operation if the Customs Service, procedures for internal review of Customs ,decisions and for assessment of penalties and other sanctions, and the distribution if jurisdiction …

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Appendix To Guest Editor's Observations: A Proposal For A Consolidated Theft/Fraud Guideline, Frank O. Bowman Iii Jan 1997

Appendix To Guest Editor's Observations: A Proposal For A Consolidated Theft/Fraud Guideline, Frank O. Bowman Iii

Faculty Publications

Professor Frank Bowman proposed the following consolidated theft/fraud guideline to the U.S. Sentencing Commission in October 1997. The proposal is explained in detail in a forthcoming law review article, Coping With Loss”: A Re-Examination of Federal Economic Crime Sentencing Under the Guidelines, 51 Vanderbilt L. Rev. -- (April 1998).

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Christian Constitutions: Do They Protect Internationally Recognized Human Rights And Minimize The Potential For Violence Within A Society? A Comparative Analysis Of American And Irish Constitutional Law And Their Religious Elements, S. I. Strong Jan 1997

Christian Constitutions: Do They Protect Internationally Recognized Human Rights And Minimize The Potential For Violence Within A Society? A Comparative Analysis Of American And Irish Constitutional Law And Their Religious Elements, S. I. Strong

Faculty Publications

Section II of this Article studies in greater detail the religio-legal debate currently being waged in American courts and legislatures, including a brief discussion of the religio-legal history of the United States. Section II also describes how the United States resembles and differs from Ireland such that subsequent comparisons will be more accurate. Section III compares the two constitutions by analyzing the provisions and policies most influenced by religion. First, general principles of sovereignty and constitutional interpretation are reviewed to understand the general constitutional framework of each nation. Second, the manner in which personal rights are treated by each nation's …

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Preparing The New Law Graduate To Practice Law: A View From The Trenches, Rodney J. Uphoff, James J. Clark, Edward C. Monahan Jan 1997

Preparing The New Law Graduate To Practice Law: A View From The Trenches, Rodney J. Uphoff, James J. Clark, Edward C. Monahan

Faculty Publications

Most legal educators reject the premise that the primary mission of the law school is to train law students to practice law. Rather, most law professors claim that their primary function is to teach students to think like lawyers. To many commentators, however, the academic community's antipractice attitude has spawned an unhealthy dichotomy between theory and practice, a division within the academic community, and a chasm between law schools and the practicing bar. Moreover, this dissonance or gap between law school and practice significantly contributes to the fact that most law graduates are substantially unprepared to function as lawyers when …

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Crystal Structure Of 25,27-Dipropoxy-26,28-Dihydroxycalix[4]Arene, C34H36O4, S. Pakhomova, J. Ondrácek, M. Vindyš, I. Stibor Jan 1997

Crystal Structure Of 25,27-Dipropoxy-26,28-Dihydroxycalix[4]Arene, C34H36O4, S. Pakhomova, J. Ondrácek, M. Vindyš, I. Stibor

Faculty Publications

No abstract provided.

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Cloning And Overexpression Of Two Cdnas Encoding The Low-Co2-Inducible Chloroplast Envelope Protein Lip-36 From Chlamydomonas Reinhardtii, Zhi Yuan Chen, Lara L. Lavigne, Catherine B. Mason, James V. Moroney Jan 1997

Cloning And Overexpression Of Two Cdnas Encoding The Low-Co2-Inducible Chloroplast Envelope Protein Lip-36 From Chlamydomonas Reinhardtii, Zhi Yuan Chen, Lara L. Lavigne, Catherine B. Mason, James V. Moroney

Faculty Publications

Chlamydomonas reinhardtii, a unicellular green alga, grows photoautotrophically at very low concentrations of inorganic carbon due to the presence of an inducible CO2-concentrating mechanism. During the induction of the CO2-concentrating mechanism at low-CO2 growth conditions, at least five polypeptides that are either absent or present in low amounts in cells grown on high-CO2 concentrations are induced. One of these induced polypeptides with a molecular mass of 36 kD, LIP-36, has been localized to the chloroplast envelope. The protein was purified and the partial internal amino acid sequences were obtained through lys-C digestion. Two cDNAs encoding LIP-36 have been cloned using …

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The Human Homolog Of A Mouse-Imprinted Gene, Peg3, Maps To A Zinc Finger Gene-Rich Region Of Human Chromosome 19q13.4, J. Kim, L. Ashworth, E. Branscomb, L. Stubbs Jan 1997

The Human Homolog Of A Mouse-Imprinted Gene, Peg3, Maps To A Zinc Finger Gene-Rich Region Of Human Chromosome 19q13.4, J. Kim, L. Ashworth, E. Branscomb, L. Stubbs

Faculty Publications

Peg3 (paternally expressed gene 3) is the first imprinted gene detected in the proximal region of mouse chromosome 7. Because imprinting is a trait that is generally conserved among mammals, and imprinted domains generally encompass several adjacent genes, expression patterns and chromosomal environment of the human counterpart of Peg3 are of special interest. In this study we have localized human PEG3 ~ 2 Mb proximal of the telomere of chromosome 19q, within a region known to carry large numbers of tandemly clustered Kruppel-type zinc finger-containing (ZNF) genes. Peg3 also encodes a Kruppel-type ZNF protein but one that is distinguished from …

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The Scs' Boundary Element: Characterization Of Boundary Element- Associated Factors, Craig M. Hart, Keji Zhao, Ulrich K. Laemmli Jan 1997

The Scs' Boundary Element: Characterization Of Boundary Element- Associated Factors, Craig M. Hart, Keji Zhao, Ulrich K. Laemmli

Faculty Publications

Boundary elements are thought to define the peripheries of chromatin domains and to restrict enhancer-promoter interactions to their target genes within their domains. We previously characterized a cDNA encoding the BEAF- 32A protein (32A), which hinds with high affinity to the scs' boundary element from the Drosophila melanogaster 87A7 hsp70 locus. Here, we report a second protein, BEAF-32B, that differs from 32A only in its amino terminus. Unlike 32A, it has the same DNA binding specificity as the complete BEAF activity affinity purified from Drosophila. We characterize three domains in these proteins. Heterocomplex formation is mediated by their identical carboxy-terminal …

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Response Of A Benthic Food Web To Hydrocarbon Contamination, Kevin R. Carman, John W. Fleeger, Steven M. Pomarico Jan 1997

Response Of A Benthic Food Web To Hydrocarbon Contamination, Kevin R. Carman, John W. Fleeger, Steven M. Pomarico

Faculty Publications

Direct and indirect effects of diesel-contaminated sediment on microalgae, meiofauna, and meiofauna-microalgae trophic interactions were examined in a microcosm study of the sediment community from a Spartina alterniflora salt marsh. Microcosms of natural sediment were given small dally doses of contaminated sediment over a 28-d period, creating low-, medium-, and high-diesel treatment concentrations of ~ 0.5, 5.5, and 55 ppm PAH, respectively. Diesel caused initial (within 7 h) reductions in microalgal grazing by meiobenthic harpacticoid copepods. Over longer periods of exposure (7-28 d), grazing on microalgae by copepods as a group was reduced in high-diesel treatments, primarily because of high …

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Swapping Amnesty For Peace: Was There A Duty To Prosecute International Crimes In Haiti?, Michael P. Scharf Jan 1997

Swapping Amnesty For Peace: Was There A Duty To Prosecute International Crimes In Haiti?, Michael P. Scharf

Faculty Publications

By examining the political realities of the Haiti situation and the applicable provisions of treaty and customary law, this Article seeks to assess whether the Haitian amnesty did indeed achieve "a proper mix." To this end, the Article begins with a description of the abuses reportedly committed by Haiti's military regime and the international community's attempts to restore the democratically-elected govemment to power. Next, it explores the policy arguments for and against amnesty as applied to the Haitian situation and analyzes the scope of both the Haitian amnesty law and President Aristide's amnesty decree. This section is followed by a …

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Note, Beyond The Rhetoric Of Comparative Interest Balancing: An Alternative Approach To Extraterritorial Discovery Conflicts, Michael P. Scharf Jan 1997

Note, Beyond The Rhetoric Of Comparative Interest Balancing: An Alternative Approach To Extraterritorial Discovery Conflicts, Michael P. Scharf

Faculty Publications

In recognition of these deficiencies of comparative interest balancing, this note proposes not a better rule of law, but rather a more realistic and coherent process for extraterritorial decisionmaking in cases involving conflict between discovery and foreign blocking statutes. This note focuses on the distinction between interest balancing within the realm of "private law" and "public law." The critical difference lies in the fact that interest balancing in public law cases has operated as a means of asserting the primacy of U.S. interests'' in the guise of applying a "jurisdictional rule of reason." Although courts profess to apply a comparative …

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The Jury Is Still Out On The Need For An International Criminal Court, Michael P. Scharf Jan 1997

The Jury Is Still Out On The Need For An International Criminal Court, Michael P. Scharf

Faculty Publications

In 1989, the United Nations General Assembly proclaimed the 1990s to be "The Decade of International Law." Moreover, 1990, which witnessed both the devolution of the Cold War and the effective use of the United Nations to coalesce universal support for international action against Iraq for its invasion of Kuwait, was a year of renewed optimism for international institutions. It is therefore fitting that proposals for an international criminal court should, at this time, get a fresh look from the international legal community. Towards this end, in the words of the U.S. Representative to the United Nations Sixth (Legal) Committee …

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Assessing Native American Disturbances In Mixed Oak Forests Of The Allegheny Plateau, Andrew Sluyter, Charles M. Ruffner, Marc D. Abrams, Charlie Crothers, Jack Mclaughlin, Richard Kandare Jan 1997

Assessing Native American Disturbances In Mixed Oak Forests Of The Allegheny Plateau, Andrew Sluyter, Charles M. Ruffner, Marc D. Abrams, Charlie Crothers, Jack Mclaughlin, Richard Kandare

Faculty Publications

No abstract provided.

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Analysis Of Maize (Zea Mays Subsp. Mays) Pollen: Normalizing The Effects Of Microscope?Slide Mounting Media On Diameter Determinations, Andrew Sluyter Jan 1997

Analysis Of Maize (Zea Mays Subsp. Mays) Pollen: Normalizing The Effects Of Microscope?Slide Mounting Media On Diameter Determinations, Andrew Sluyter

Faculty Publications

Maize (Zea mays subsp. mays) dominates the record of prehistoric agriculture in the Neotropics. Nonetheless, many significant questions of Zea systematics and evolution persist. Palynology provides a record central to addressing those questions, but determining pollen grain diameter remains a significant method- ological issue: diameter is a key characteristic in identification, and diameter seems to be space-time dependent - the latter phenomenon but little understood. One issue in analyzing diam- eter is the confounding effect of microscope-slide mounting media. This study provides correction factors to normalize diam- eter among silicon oil, glycerine jelly, and acrylic resin (du Pont Elvacite), the …

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On “Buried Epistemologies: The Politics Of Nature In (Post) Colonial British Columbia”: On Excavating And Burying Epistemologies, Andrew Sluyter Jan 1997

On “Buried Epistemologies: The Politics Of Nature In (Post) Colonial British Columbia”: On Excavating And Burying Epistemologies, Andrew Sluyter

Faculty Publications

No abstract provided.

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Landscape Change And Livestock In Sixteenth-Century New Spain: The Archival Data Base, Andrew Sluyter Jan 1997

Landscape Change And Livestock In Sixteenth-Century New Spain: The Archival Data Base, Andrew Sluyter

Faculty Publications

Despite the wealth of Mexican archival data pertinent to understanding the ecological interaction between livestock and landscape during the sixteenth century in New Spain, some fundamental methodological issues persist in the use of the mercedes, or land grants. The degree of completeness of the extant mercedes record and the de facto areal extents of the cattle and sheep estancias both remain uncertain. A cartographic method applied to mercedes for the central Veracruz lowlands addresses those issues and suggests a general method for rigorous analysis of the data base. That method demonstrates that the extant mercedes provide a nearly complete record …

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Regional, Holocene Records Of The Human Dimension Of Global Change: Sea-Level And Land-Use Change In Prehistoric Mexico, Andrew Sluyter Jan 1997

Regional, Holocene Records Of The Human Dimension Of Global Change: Sea-Level And Land-Use Change In Prehistoric Mexico, Andrew Sluyter

Faculty Publications

Regional, Holocene records hold particular relevance for understanding the reciprocal nature of global environmental change and one of its major human dimensions: "sustainable agriculture", i.e., food production strategies which entail fewer causes of and are less susceptible to environmental change. In an epoch of accelerating anthropogenic transformation, those records reveal the protracted regional causes and consequences of change (often agricultural) in the global system as well as informing models of prehistoric, intensive agriculture which, because of long tenures and high productivities, suggest strategies for sustainable agricultural in the present. This study employs physiographic analysis and the palynological, geochemical record from …

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Herpes Simplex Virus Type 1 Glycoprotein K Is Not Essential For Infectious Virus Production In Actively Replicating Cells But Is Required For Efficient Envelopment And Translocation Of Infectious Virions From The Cytoplasm To The Extracellular Space, Sukhanya Jayachandra, Abolghasem Baghian, Konstantin G. Kousoulas Jan 1997

Herpes Simplex Virus Type 1 Glycoprotein K Is Not Essential For Infectious Virus Production In Actively Replicating Cells But Is Required For Efficient Envelopment And Translocation Of Infectious Virions From The Cytoplasm To The Extracellular Space, Sukhanya Jayachandra, Abolghasem Baghian, Konstantin G. Kousoulas

Faculty Publications

We characterized the glycoprotein K (gK)-null herpes simplex virus type 1 [HSV-1] (KOS) ΔgK and compared it to the gK-null virus HSV-1 F-gKβ (L. Hutchinson et al., J. Virol. 69:5401-5413, 1995). Δgk and F-gKβ mutant viruses produced small plaques on Vero cel monolayers at 48 h postinfection. F-gKβ caused extensive fusion of 143TK cells that was sensitive to melittin, a specific inhibitor of gK-induced cell fusion, while ΔgK virus did not fuse 143TK cells. A recombinant plasmid containing the truncated gK gene specified by F-gKβ failed to rescue the ICP27-null virus KOS (d27-1), while a plasmid with the ΔgK deletion …

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