Digital Commons Network^™

Community Composition, Structure, Areal And Trophic Relationships Of Decapods Associated With Shallow- And Deep-Water Oculina Varicosa Coral Reefs: Studies On Decapod Crustacea From The Indian River Region Of Florida, Xxiv., John K. Reed, R. H. Gore, L. E. Scotto, Kim A. Wilson

Faculty Scholarship

Decapod crustaceans associated with living colonies of the scleractinian coral Oculina varicosa were sampled quantitatively for I year at 4 reef stations encompassing depths of 6, 27, 42, and 80 m off the central eastern Florida coast. A total of 42 samples of individual colonies yielded over 2,300 decapods in 15 families, 35 genera and 50 species, and was species-rich in xanthid and majid crabs (10, 6 spp., respectively), and alpheid shrimp (9 spp.). The community was predominantly anomuran with two species of hermit crabs (Pagurus carolinensis, P. piercei), a porcellanid crab (Megalobrachium soriatum) and a galatheid crab (Galathea rostrata) …

Reflections On Contract Law And Distributive Justice: A Reply To Kronman, William K.S. Wang

Faculty Scholarship

No abstract provided.

In Situ Growth Rates Of The Scleractinian Coral Oculina Varicosa Occurring With Zooxanthellae On 6-M Reefs And Without On 80-M Banks., John K. Reed

Faculty Scholarship

Rates of linear branch extension were determined for Oculina varicosa for one year on a nearshore, shallow-water reef (6 m] and on a shelf-edge. 0. varicosa coral bank (80 m) off central eastern Florida, U.S.A. Both site and season had a significant effect on growth with most of the variability due to the site factor. Linear branch growth was significantly greater at 80 m (x=16.1 mm/yr) than at 6 m (x= 11.3 mm/yr) although temperature was significantly lower at 80 m than 6 m (x=16.2, 24.6° C, respectively). The growth of the 6-m coral, possessing zooxanthellae, showed a negative response …

Directly Unproductive, Profit-Seeking (Dup) Activities, Jagdish N. Bhagwati

Faculty Scholarship

This paper proposes directly unproductive, profit-seeking (DUP) activities as a general concept that embraces a wide range of recently analyzed economic activities, including the subset of rent-seeking activities considered by Krueger. It then proceeds to provide a syn-thesis and generalization of the welfare-theoretic analysis of such activities by developing a fourfold categorization of cases depending on the levels of distortions before and after the DUP activity. Thus a unification and overview of the subject are achieved.

Animal Feedlot Regulation In Minnesota, Marcia R. Gelpe

Faculty Scholarship

Animal feedlots frequently are the subject of dispute between operators and surrounding landowners. In this Article, Professor Gelpe identifies the environmental problems created by animal feedlots and discusses the common-law remedies. In addition, Professor Gelpe provides valuable insights into the application and Interpretation of feedlot regulations recently enacted by Minnesota.

The Perils Of Writing An Intellectual History Of Torts, George C. Christie

Faculty Scholarship

No abstract provided.

Sleight Of Handwriting: The Holographic Will In California, Gail Boreman Bird

Faculty Scholarship

No abstract provided.

Constitutional Fate, Philip Chase Bobbitt

Faculty Scholarship

The Mary Ireland Graves Dougherty Lectures in Constitutional Law were established in 1979 at the University of Texas School of Law in the memory of Mrs. Dougherty by her family. Professor Bobbitt delivered the inaugural series of these lectures on three evenings in April 1979. Of those in attendance, only Professor Bobbitt's students, who had witnessed the evolution of his ideas during that year, and a few colleagues with whom he must have shared his thoughts, could have expected what followed on those spring evenings in Austin. His subject was "the question of judicial review." So stated, the subject hardly …

Trigger Price Mechanism: Protecting Competition Or Competitors, The , Jacqueline Nolan-Haley

Faculty Scholarship

The International Trade Commission asserted that for most of 1978 and probably for the indefinite future, the TPM was "the greatest single factor influencing the conditions of competition" in the U.S. steel industry. The precise contours of this influence are uncertain. While it is premature to assess adequately the economic impact of the TPM, it is possible to make some observations vis-a-vis our national antitrust policy goals. The TPM, like the steel VRA's of 1972, has had no discernable impact on increasing efficiency through expansion, modernization or development of domestic steel-making technology. The TPM, however, does have an impact on …

Fathers Anonymous: Beyond The Best Interests Of The Sperm Donor, George J. Annas

Faculty Scholarship

Alex Haley concludes his international best seller, Roots, with the burial of his father in Little Rock, Arkansas. Walking away from the graveside he ponders the past generations, observing "I feel that they do watch and guide." The book inspired whole industries devoted to the development of family trees, and locating one's "roots" has become somewhat of an obsession with many. Because of the current secrecy surrounding the practice of Artificial Insemination Donor (AID), there are an estimated 250,000 children conceived by AID (at the rate of 6-10,000 annually in the United States) who will never be able to find …

Disqualifications Of Decisional Officials In Rulemaking, Peter L. Strauss

Faculty Scholarship

What constraints on impartiality govern agency officials responsible for decisions in proceedings other than on-the-record adjudications? The past few years have witnessed the emergence of a striking body of professional debate, statute, and case law concerning ethics in government and the control of "special interest" influence on governmental decisions. Higher standards for conflict of interest, expanded constraints on ex parte communications, and enlarged concems about separation of functions within the agencies are parts of this development. Another strand, tangled with the others yet doctrinally distinct, concerns the disqualification of responsible government officials for their prior contacts with or expressions of …

The Implicit Teaching Of Utopian Speculations: Rousseau's Contribution To The Natural Law Tradition, Thomas E. Carbonneau

Faculty Scholarship

This article examines the evolution of natural law theory and Jean-Jacques Rousseau's contribution to it. The thesis that emerges from that examination asserts that the tension between law in its natural and positive forms is endemic to the human condition. If any common ground is to be found between theories of positivistic and natural law, it lies in the realization that natural law doctrine is not gratuitous and subjective optimism nor idealism pure and simple. The fact that natural law doctrine can serve but a role of general guidance, that it is alien to the concrete, positivistic manifestations of law, …

Interstate Venue, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Probabilities And Proof: Can Hla And Blood Group Testing Prove Paternity?, David H. Kaye, Ira Mark Ellman

Faculty Scholarship

Advancing medical technology has produced tests which offer the opportunity to resolve paternity disputes with more accuracy than unaided traditional evidentiary techniques are likely to obtain. Because the biology underlying the statistical evidence in paternity cases offers a wealth of previously unavailable information which is certain to revolutionize the adjudication of paternity suits, but it is important that the courts not become so mesmerized by these new sources of evidence that they neglect to subject them to traditional principles of evidence applicable to all testimony. Additionally, for some time scholars have disagreed on the proper application of a probability formula …

An Assessment Of The Use Of Cost-Benefit Analysis In Regulatory Agency Decision Making, Michael S. Baram

Faculty Scholarship

CONSIDERABLE dissatisfaction has been expressed with the process and results of regulatory agency decision making. Recommendations have been made that the Federal agencies employ rational, "balancing" approaches such as cost-benefit analysis in conducting their standard setting and adjudicatory functions.

This paper examines some current uses of cost-benefit analysis by several agencies in their decision-making processes, and identifies and discusses apparent limitations.

Laetrile: The Battle Moves Into The Courtroom, Robert L. Schwartz

Faculty Scholarship

Controversy over the supposed cancer-curing drug laetrile continues to rage. Now it's up to the courts. substance that was used by ancient Greek physicians, has been available in the United States, legally or illegally, for a quarter of a century. The government's increased efforts to eliminate laetrile "pushing" by what are seen to be profiteering physicians has created a strengthened laetrile lobby that has successfully fought the medical establishment and succeeded in making the drug legal in more than a dozen states. The pro-laetrile lobby an assortment of cancer patients and their families, medical professionals, and conservative politicians -threatens to …

Special Report On Endangered Species And New Life Forms: Conversation With A Cockroach, George J. Annas

Faculty Scholarship

On June 15, 1978, the United States Supreme Court ruled that the Endangered Species Act of 1973 required the enjoining of the operation of a virtually completed dam, the Tellico Dam in Tennessee, because of a determination by the Secretary of the Interior that its operation would eradicate the snail darter, an endangered species.

Antitrust Issues In The Regulation Of College Sports, John C. Weistart

Faculty Scholarship

No abstract provided.

Principles, Positivism, And Legal Theory, David B. Lyons

Faculty Scholarship

A complete theory of law, writes Ronald Dworkin, tells us what law is and what it ought to be. The current "ruling" theory of law combines legal positivism with utilitarianism: it holds, first, that law is a set of explicitly adopted rules and, second, that law ought to maximize the general welfare. Dworkin rejects both branches of that theory. He argues that law contains "principles" as well as rules and that these principles cannot be traced to any explicit adoption or enactment. Dworkin argues further that the ruling theory neglects moral rights, which must be respected, he claims, even if …

Radiation From Nuclear Power Plants: The Need For Congressional Directives, Michael S. Baram

Faculty Scholarship

Congress often responds to a complex problem by empowering an independent regulatory agency to enforce its legislative will. Acknowledging its own lack of knowledge and time, Congress gives the agency a measure of freedom to modify the legal requirements to fit a variety of circumstances that the legislature could not foresee. Ordinarily Congress restrains this autonomy by prescribing general criteria that the agency must consider and objectives that must be met.' These provisions enable Congress to measure the agency's progress and make necessary changes in the law. In addition, competition from other bureaus forces the agency to act vigorously or …

Legislative Note, Metallic Mining And Reclamation In Michigan: Environmental Management As A Gentler Approach, John C. Dernbach

Faculty Scholarship

No abstract provided.

Uncitral Draft Convention On Carriage Of Goods By Sea, Part 5, Joseph Sweeney

Faculty Scholarship

No abstract provided.

The Natural History Of The Workerless Ant Parasite, Formica Talbotae, Mary Talbot

Faculty Scholarship

The ant Formica talhotae Wilson is a workerless social parasite of the microgrna group, which forms mixed colonies with the host ant Formica ohscuripes Fore!. Queens produce males and females only and there is also no worker brood of F. obscuripes in the parasitized colonies. The small alates have a long flight period stretching from mid-June to late September, with flights taking place on every suitable morning when the temperature is above 71° and rising, when the sun is shining, and when there is no appreciable wind. Flights are best between 78° and 83° F. Once up on plants, alates …

The Metamorphosis Of Larceny, George P. Fletcher

Faculty Scholarship

To the modern lawyer, the rules of common law theft offenses do not seem ordered by any coherent principle. In this Article, however, Professor Fletcher shows that the common law of larceny can be understood in terms of two structural principles, possessorial immunity and manifest criminality. In the eighteenth and nineteenth centuries, as the modern style of legal thought evolved, first commentators and then courts lost their ability to understand these principles and came to rely on intent as the central element of criminal liability. As a result of this transformation, Professor Fletcher argues, the range of circumstances that can …

Class Actions, Richard Briffault

Faculty Scholarship

In 1966, the Supreme Court promulgated an amended rule 23 of the Federal Rules of Civil Procedure, replacing a rule that had remained unchanged since 1938. The 1938 rule, which was understood to reflect Professor Moore's famous distinctions among "true," "hybrid," and "spurious" class suits, proved to be a source of confusion almost from its date of promulgation, and by i966 courts were having great difficulty applying the concepts of joint and several rights the rule relied upon to define cases appropriate for class treatment. Commentators ignored the terms of the rule and sought justification for conclusive adjudication of absentee …

First Amendment Protection For Commercial Advertising: The New Constitutional Doctrine, Thomas W. Merrill

Faculty Scholarship

Governmental regulation of commercial advertising has become a major focus of challenges to established first amendment doctrine. An increasing number of suits have raised constitutional objections to regulations of false or deceptive advertising, regulations of offensive advertising, prohibitions of commercial advertising in certain forums, prohibitions of price advertising for particular products or services, and prohibitions of all advertising for particular products or services.' Until recently, the majority of courts upheld such regulations under the Supreme Court's ruling in Valentine v. Chrestensen that "purely commercial advertising" is unprotected by the first amendment.

In the last two years the Court has subjected …

Consent And The Roots Of Judicial Authority: The Constitutional Writings Of Archibald Cox (Book Review), Thomas D. Rowe Jr.

Faculty Scholarship

Reviewing A. Cox, The Role of the Supreme Court in American Government

Uncitral Draft Convention On Carriage Of Goods By Sea, Part 3, Joseph Sweeney

Faculty Scholarship

No abstract provided.

Uncitral Draft Convention On Carriage Of Goods By Sea, Part 4, Joseph Sweeney

Faculty Scholarship

No abstract provided.

Uncitral Draft Convention On Carriage Of Goods By Sea, Part 1, Joseph Sweeney

Faculty Scholarship

No abstract provided.