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Neither Liberal Nor Laissez Faire: A Prediction Of Justice Ginsburg's Approach To Business Law Issues, Edward A. Fallone Jan 1993

Neither Liberal Nor Laissez Faire: A Prediction Of Justice Ginsburg's Approach To Business Law Issues, Edward A. Fallone

Faculty Publications

No abstract provided.


Winners, Losers, And Attorney's Fees: Who Pays And When?, Jay E. Grenig Jan 1993

Winners, Losers, And Attorney's Fees: Who Pays And When?, Jay E. Grenig

Faculty Publications

No abstract provided.


What Triggers The Time Period For Applying For Attorney's Fees Under The Eaja In Social Security Benefits Cases?, Jay E. Grenig Jan 1993

What Triggers The Time Period For Applying For Attorney's Fees Under The Eaja In Social Security Benefits Cases?, Jay E. Grenig

Faculty Publications

No abstract provided.


Team Physicians And Competitive Athletes: Allocating Legal Responsibility For Athletic Injuries, Matthew J. Mitten Jan 1993

Team Physicians And Competitive Athletes: Allocating Legal Responsibility For Athletic Injuries, Matthew J. Mitten

Faculty Publications

No abstract provided.


The Differing Treatment Of Efficiency And Competition In Antitrust And Tortious Interference Law, Gary Myers Jan 1993

The Differing Treatment Of Efficiency And Competition In Antitrust And Tortious Interference Law, Gary Myers

Faculty Publications

During the last twenty years, there has been a revolution in antitrust law. As a result of extensive scholarly and judicial analysis, a new learning has developed concerning the content, role, and effect of antitrust doctrines. This trend has focused primarily on the primacy of consumer welfare and economic efficiency. Most commentators now assume that these two interrelated goals are the principal, if not exclusive, concerns of antitrust law. The United States Supreme Court has responded to these new approaches by modifying or altering antitrust law in a long series of cases. Similarly, the new learning has affected the focus …


Legal Formalism From The Perspective Of A Reasonable Law Professor, Jean C. Love Jan 1993

Legal Formalism From The Perspective Of A Reasonable Law Professor, Jean C. Love

Faculty Publications

No abstract provided.


Protecting Privilege: Race, Residence And Rodney King, Margalynne J. Armstrong Jan 1993

Protecting Privilege: Race, Residence And Rodney King, Margalynne J. Armstrong

Faculty Publications

No abstract provided.


A History Of The Opening Statement From Barristers To Corporate Lawyers: A Case Study Of South Carolina, W. Lewis Burke Jan 1993

A History Of The Opening Statement From Barristers To Corporate Lawyers: A Case Study Of South Carolina, W. Lewis Burke

Faculty Publications

No abstract provided.


Visual Attention And Saccadic Eye Movements In Complex Visual Tasks, John M. Henderson Jan 1993

Visual Attention And Saccadic Eye Movements In Complex Visual Tasks, John M. Henderson

Faculty Publications

An open peer commentary of Fischer and Weber's article "Express Saccades and Visual Attention" published in Behavioral and Brain Sciences (1993), 16, 553-610.


The Law School Expansion Draft (On The Lighter Side), Paul A. Lebel Jan 1993

The Law School Expansion Draft (On The Lighter Side), Paul A. Lebel

Faculty Publications

No abstract provided.


Rethinking Professor Westbrook's Two Thoughts About Insider Preferences, Peter A. Alces Jan 1993

Rethinking Professor Westbrook's Two Thoughts About Insider Preferences, Peter A. Alces

Faculty Publications

No abstract provided.


The Confirmation Process And The Quality Of Political Debate, Jonathan L. Entin Jan 1993

The Confirmation Process And The Quality Of Political Debate, Jonathan L. Entin

Faculty Publications

This Article examines the seeming contradiction between the rise of the ideological model and the increasing public revulsion against the degrading spectacle that the confirmation process all too often has become. The principal problem with recent confirmation debates has been the exaggeration of the stakes of argument. Participants have focused so single-mindedly on winning the immediate battle that they have lost sight of the limited impact that any individual justice can have on American law and society. I suggest that the kind of political discourse which can promote effective government has both normative and empirical components. The normative aspect involves …


Symposium On Religion And The Public Schools After Lee V. Weisman- Introduction, Jonathan L. Entin Jan 1993

Symposium On Religion And The Public Schools After Lee V. Weisman- Introduction, Jonathan L. Entin

Faculty Publications

Introduction to the Symposium: Religion and the Public Schools after Lee v. Weisman. Cleveland, Ohio, 1993


Chain Of Custody, Paul C. Giannelli Jan 1993

Chain Of Custody, Paul C. Giannelli

Faculty Publications

No abstract provided.


Of God And Caesar: The Free Exercise Rights Of Public School Students, George W. Dent Jan 1993

Of God And Caesar: The Free Exercise Rights Of Public School Students, George W. Dent

Faculty Publications

No abstract provided.


“Junk Science”: The Criminal Cases, Paul C. Giannelli Jan 1993

“Junk Science”: The Criminal Cases, Paul C. Giannelli

Faculty Publications

No abstract provided.


Bargaining With Uncertainty, Moral Hazard And Sunk Costs: A Default Rule For Precontractual Negotiations, Juliet P. Kostritsky Jan 1993

Bargaining With Uncertainty, Moral Hazard And Sunk Costs: A Default Rule For Precontractual Negotiations, Juliet P. Kostritsky

Faculty Publications

Drawing from a model of bargaining behavior based on transaction cost economics, relational theories of contract,23 Williamsonian models of contracting behavior, and other economic insights, this Article argues that achieving the optimal solution for the complexities of bargaining relationships demands the adoption of a new legal default rule. This new default rule should have two aspects: First, the law should substantively recognize an implicit bargain, even in the absence of explicitly reciprocal communications. Second, the law should impose an obligation to perform that incorporates the terms of the parties' unexpressed, implicit bargain.


Looking For Default Rule Legitimacy In All The Wrong Places: A Critique Of The Authority Of Contract Model And The Coordination Principle Proposed By Professor Burto, Juliet P. Kostritsky Jan 1993

Looking For Default Rule Legitimacy In All The Wrong Places: A Critique Of The Authority Of Contract Model And The Coordination Principle Proposed By Professor Burto, Juliet P. Kostritsky

Faculty Publications

A central question of contract law remains: when should the law supply a term not expressly agreed to? Many scholars have addressed that question, yet the justification for law- supplied terms often remains unconvincing. Because many proposals to supply terms do not incorporate a comparative frameworkfor assessing the costs and benefits of legal interventions, they are incompletely justifled. This Article proposes that a comparative net benefit approach (developed in institutional economics to explain private arrangements) be adapted and expanded to resolve fundamental issues of legal intervention. This Article uses that framework to critique the (1) hypothetical bargain and (2) Ayres/Gertner …


Internal Dispute Resolution: The Transformation Of Civil Rights In The Workplace, John M. Lande, Lauren B. Edelman, Howard S. Erlanger Jan 1993

Internal Dispute Resolution: The Transformation Of Civil Rights In The Workplace, John M. Lande, Lauren B. Edelman, Howard S. Erlanger

Faculty Publications

Many employers create internal procedures for the resolution of discrimination complaints. We examine internal complaint handlers' conceptions of civil rights law and the implications of those conceptions for their approach to dispute resolution. Drawing on interview data, we find that complaint handlers tend to subsume legal rights under managerial interests. They construct civil rights law as a diffuse standard of fairness, consistent with general norms of good management. Although they seek to resolve complaints to restore smooth employment relations, they tend to recast discrimination claims as typical managerial problems. While the assimilation of law into the management realm may extend …


Rethinking Wrongful Life: Bridging The Boundary Between Tort And Family Law, Philip G. Peters Jr. Jan 1993

Rethinking Wrongful Life: Bridging The Boundary Between Tort And Family Law, Philip G. Peters Jr.

Faculty Publications

Traditional tort law embraces an unduly narrow notion of corrective justice that fails to resolve wrongful life disputes satisfactorily. The unique circumstances associated with the creation of a new life bring into play another, broader paradigm of responsibility: one that resembles family law more than tort. From this perspective, children whose birth can be attributed to tortious conduct have a strong moral claim for supplemental child support whenever a tortfeasor's interference with the pro- creative rights of the parents foreseeably results in the birth of a child and that child's parents cannot provide adequate support. In such an instance, the …


The Low Co2-Inducible 36-Kilodalton Protein Is Localized To The Chloroplast Envelope Of Chlamydomonas Reinhardtii, Ziyadin Ramazanov, Catherine B. Mason, Anne M. Geraghty, Martin H. Spalding, James V. Moroney Jan 1993

The Low Co2-Inducible 36-Kilodalton Protein Is Localized To The Chloroplast Envelope Of Chlamydomonas Reinhardtii, Ziyadin Ramazanov, Catherine B. Mason, Anne M. Geraghty, Martin H. Spalding, James V. Moroney

Faculty Publications

The localization of the 36-kD polypeptide of Chlamydomonas reinhardtii induced by photoautotrophic growth on low CO2 concentrations (0.03% in air [v/v], low CO2-grown cells) has been investigated. This polypeptide was specifically localized to the chloroplast envelope membranes isolated from low CO2-grown cells and was not present in the chloroplast envelopes isolated from high (5% CO2 in air [v/v]) CO2-grown cells. The 36-kD protein does not show carbonic anhydrase activity and was not present on the plasma membranes isolated from low CO2-grown cells. This protein may, in part, account for the different inorganic carbon uptake characteristics observed in chloroplasts isolated from …


Differential Susceptibility Of Guanine Nucleotide-Binding Proteins To Pertussis Toxin-Catalyzed Adp-Ribosylation In Brain Membranes Of Two Congeneric Marine Fishes, T. F. Murray, J. F. Siebenaller Jan 1993

Differential Susceptibility Of Guanine Nucleotide-Binding Proteins To Pertussis Toxin-Catalyzed Adp-Ribosylation In Brain Membranes Of Two Congeneric Marine Fishes, T. F. Murray, J. F. Siebenaller

Faculty Publications

No abstract provided.


Synaptic Transmission Between Pairs Of Retinal Amacrine Cells In Culture, E. Gleason, S. Borges, M. Wilson Jan 1993

Synaptic Transmission Between Pairs Of Retinal Amacrine Cells In Culture, E. Gleason, S. Borges, M. Wilson

Faculty Publications

We have examined synaptic transmission between isolated pairs of chick GABAergic amacrine cells, maintained in sparse culture and identified by their binding of an amacrine cell-selective antibody. Using the perforated- patch method to whole-cell clamp both cells of a pair, postsynaptic currents were examined for step depolarizations of the 'presynaptic' cell. Synaptic transmission, frequently reciprocal, was calcium dependent and reversibly blocked by bicuculline. Postsynaptic currents, excluding those due to ohmic electrical coupling, were elicited only for presynaptic voltage steps positive to about -40 mV and were always very noisy, suggesting that they were summed from relatively small numbers of quanta. …


Design Of A Functional Calcium Channel Protein: Inferences About An Ion Channel‐Forming Motif Derived From The Primary Structure Of Voltage‐Gated Calcium Channels, Anne Grove, John M. Tomich, Takeo Iwamoto, Mauricio Montal Jan 1993

Design Of A Functional Calcium Channel Protein: Inferences About An Ion Channel‐Forming Motif Derived From The Primary Structure Of Voltage‐Gated Calcium Channels, Anne Grove, John M. Tomich, Takeo Iwamoto, Mauricio Montal

Faculty Publications

To identify sequence‐specific motifs associated with the formation of an ionic pore, we systematically evaluated the channel‐forming activity of synthetic peptides with sequence of predicted transmembrane segments of the voltage‐gated calcium channel. The amino acid sequence of voltage‐gated, dihydropyridine (DHP)‐sensitive calcium channels suggests the presence in each of four homologous repeats (I–IV) of six segments (S1–S6) predicted to form membrane‐spanning, α‐helical structures. Only peptides representing amphipathic segments S2 or S3 form channels in lipid bilayers. To generate a functional calcium channel based on a four‐helix bundle motif, four‐helix bundle proteins representing IVS2 (T4CaIVS2) or IVS3 (T4CaIVS3) were synthesized. Both proteins …


Developmental Appropriateness Of Kindergarten Programs And Academic Outcomes In First Grade, Diane C. Burts, Craig H. Hart, Rosalind Charlesworth, D. Michele Dewolf, Jeanette Ray, Karen Manuel, Pamela O. Fleege Jan 1993

Developmental Appropriateness Of Kindergarten Programs And Academic Outcomes In First Grade, Diane C. Burts, Craig H. Hart, Rosalind Charlesworth, D. Michele Dewolf, Jeanette Ray, Karen Manuel, Pamela O. Fleege

Faculty Publications

This study explored the relationship between the developmental appropriateness of kindergarten classroom instruction and first-grade report card grade overall averages and averages in reading, language, spelling, math, science, and social studies. The interactive roles that gender, SES, and kindergarten classroom type play in children’s later achievement were also examined. The sample consisted of166first-grade children who hadattended kindergarten classrooms with teaching practices identified as predominately developmentally appropriate or developmentally inappropriate. Findings indicated that firstgraders from more appropriate kindergarten classrooms had higher reading averages than children from less appropriate kindergarten classrooms. Females had higher overall and subject area averages than males. Significant …


Glucose Uptake And End Product Formation In An Intertidal Marine Sediment, T. E. Sawyer, G. M. King Jan 1993

Glucose Uptake And End Product Formation In An Intertidal Marine Sediment, T. E. Sawyer, G. M. King

Faculty Publications

Glucose uptake was monitored on a seasonal basis, using [6-3H]glucose and undisturbed cores collected from an intertidal mud flat. The fate of glucose carbon, including the formation of CO2 and biomass, was assayed by using undisturbed cores and [U-14C]glucose; the production of short-chain fatty acids was monitored with [U-14C]glucose and sediment slurries. Rate constants for glucose uptake varied temporally, with temperature accounting for much of the variability; turnover times ranged from about 2 to 10 min. Rate constants decreased with increasing sediment depth and in the following order for several common monosaccharides: glucose>galactose>mannose~fucose. Time course analyses of 14CO2 …


Methane Consumption In Temperate And Subarctic Forest Soils: Rates, Vertical Zonation, And Responses To Water And Nitrogen, A. P.S. Adamsen, G. M. King Jan 1993

Methane Consumption In Temperate And Subarctic Forest Soils: Rates, Vertical Zonation, And Responses To Water And Nitrogen, A. P.S. Adamsen, G. M. King

Faculty Publications

Rates of methane consumption were measured in subarctic coniferous and temperate mixed-hardwood forest soils, using static chambers and intact soil cores. Rates at both sites were generally between 1 and 3 mg of CH4 m-2 day-1 and decreased with increasing soil water contents above 20%. Addition of ammonium (1 μmol g of soil-1) strongly inhibited methane oxidation in the subarctic soils; a lesser inhibition was observed for temperate forest samples. The response to nitrogen additions occurred within a few hours and was probably due to physiological changes in the active methane-consuming populations. Methane consumption in soils from both sites was …


Application Of A Tetrazolium Salt With A Water-Soluble Formazan As An Indicator Of Viability In Respiring Bacteria, P. Roslev, G. M. King Jan 1993

Application Of A Tetrazolium Salt With A Water-Soluble Formazan As An Indicator Of Viability In Respiring Bacteria, P. Roslev, G. M. King

Faculty Publications

The tetrazolium salt sodium 3'-{1-[(phenylamino)-carbonyl]-3,4- tetrazolium}-bis (4-methoxy-6-nitro)benzene-sulfonic acid hydrate (XTT) was examined for use as a colorimetric indicator of viability in respiring bacteria. XTT was reduced to an orange, water-soluble formazan product by Methylosinus trichosporium OB3b, Pseudomonas putida, Escherichia coli, and Bacillus subtilis. Formazan production was proportional to live cell biomass, and XTT was reduced by all cultures in the absence of added electron-coupling agents. XTT reduction by M. trichosporium OB3b was linear over several hours and was stimulated by the presence of an exogenous substrate (methanol). Addition of cyanide to cultures incubated under oxic conditions gave an initial 10-fold …


Solid-State Deuterium Nmr Spectroscopy Of D5-Phenol In White Portland Cement: A New Method For Assessing Solidification/Stabilization, Michael A. Janusa, Xiao Wu, Frank K. Cartledge, Leslie G. Butler Jan 1993

Solid-State Deuterium Nmr Spectroscopy Of D5-Phenol In White Portland Cement: A New Method For Assessing Solidification/Stabilization, Michael A. Janusa, Xiao Wu, Frank K. Cartledge, Leslie G. Butler

Faculty Publications

We have developed a new NMR-based procedure for studying waste/cement interactions. This is the first use of deuterium NMR spectroscopy to study waste solidification/stabilization (S/S). The main feature of deuterium NMR spectroscopy is the ability to monitor molecular reorientations over a wide range of reorientation rates. This technique allows one to determine if a particular deuterated organic waste is effectively solidified/stabilized and to determine the lower limit of the bond strength between the waste and the cement matrix. Comparison of the predicted and experimental deuterium NMR spectra show that phenol is mainly dissolved in pore waters and, thus, poorly immobilized …


Long-Distance Staple Transport In Western Mesoamerica: Insights Through Quantitative Modeling, Andrew Sluyter Jan 1993

Long-Distance Staple Transport In Western Mesoamerica: Insights Through Quantitative Modeling, Andrew Sluyter

Faculty Publications

Conceptualizations of pre-Hispanic staple transport remain underdeveloped. Conventional wisdom has long maintained that while "prestige goods" could demand long-distance transport, staple transport was short distance. A quantitative model reveals the fallacy of that argument and establishes the possibility of long-distance, overland staple transport in Mesoamerica by using maize tribute transport between Zempoala and Tenochtitlan as an example. This conclusion has implications for understanding Mesoamerican interregional exchange, ecology, and society.