Digital Commons Network^™

Protecting Privacy Under The Fourth Amendment, Rory Little

Faculty Scholarship

No abstract provided.

Mccormick On Evidence And The Concept Of Hearsay: A Critical Analysis Followed By Suggestions To Law Teachers, Roger C. Park

Faculty Scholarship

No abstract provided.

Trading On Material Non-Public Information On Impersonal Stock Markets: Who Is Harmed, And Who Can Sue Whom Under Sec Rule 10b-5?, William K.S. Wang

Faculty Scholarship

No abstract provided.

The Elaboration Of A French Court Doctrine On International Commercial Arbitration: A Study In Liberal Civilian Judicial Creativity, Thomas E. Carbonneau

Faculty Scholarship

The task of the present article is to examine the historical evolution and current status of the French judicial doctrine on international commercial arbitration. It endeavors to compare the international doctrine with the French domestic law on arbitration and to illustrate briefly its conformity to the provisions of the international conventions on arbitration to which France is a party. Its chief design, however, is to concentrate upon the court decisions themselves, underscoring their progressive quality and pointing to their systemic implications.

Report On The National Commission: Good As Gold, George J. Annas

Faculty Scholarship

The National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research ended its work by substantially endorsing the status quo which places primary reliance on local Institutional Review Boards for subject protection. This was predictable because of the Commission's researcher-dominated composition which permitted it to assume that (1) research is good; (2) experimentation is almost never harmful to subjects; and (3) researcher-dominated IRBs can adequately protect the Interests of human subjects. The successor Presidential Commission can learn much by reexamining these premises.

The Case For Medical Licensure, George J. Annas

Faculty Scholarship

Locke et al. argue elsewhere in this issue that medical licensure should be abolished. Their reasoning is direct and seductive - but their free market cure is worse than the disease they describe. Their major premise, for example, is simply wrong: "Any governmental action that violates individual rights is improper." For this notion they cite the ultraconservative novelist Ayn Rand who talks about things that are "right" for humans to do. But there are two confusions: (I) rights do not exist in a vacuum; in an interdependent society the rights of individuals must sometimes be balanced against the rights of …

Shifting Perspective In Product Liability: From Quality To Process Standards, Aaron Twerski, Alvin S. Weinstein, William H. Donaher, Henry R. Piehler

Faculty Scholarship

No abstract provided.

Artists, Art Collectors And Income Tax, Alan L. Feld

Faculty Scholarship

The federal income tax law treats artists and art collectors differently. Similar transactions concerning artworks produce disparate income tax results, depending on whether they involve the artist or the collector. On balance, these results seem to favor the collector over the artist. But notwithstanding the dismay of some artists and their advocates, the differences in result flow, in the main, from the differences in the source of the taxpayer's investment in the work.

The collector buys the work with after-tax income. Any gain is properly treated as an investment return and is eligible for capital gain benefits.' The collector, however, …

Lifetime Gifts - A Quantitative Approach, Roger A. Pies, Daniel S. Goldberg

Faculty Scholarship

No abstract provided.

Labor-Antitrust: The Problems Of Connell And A Remedy That Follows Naturally, Michael J. Cozzillio, Joseph T. Casey

Faculty Scholarship

No abstract provided.

Equal Rights To Trial For Women: Sex-Bias In The Law Of Self-Defense, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Meeting The Equal Credit Opportunity Act's Specificity Requirement: Judgmental And Statistical Scoring Systems, Winnie F. Taylor

Faculty Scholarship

No abstract provided.

Defining The Role Of The Physician: Medical Education, Tradition, And The Legal Process, Robert L. Schwartz

Faculty Scholarship

The professional conflict and animosity that have developed between the legal and medical professions are symptomatic of something that is basic and disturbing to the traditional science and practice of medicine. Even a cursory review of the literature will reveal that physicians, lawyers, philosophers, and others (with greater or lesser degrees of insight and awareness) are currently engaged in serious reevaluations of such concepts as the definition of medicine as science and/or art, the structure and administration of effective medical curricula, and the goals of the medical profession itself. Such analyses require not only that physicians evaluate what they ought …

Constitutional Privacy In Psychotherapy, Steven R. Smith

Faculty Scholarship

No abstract provided.

Rhetorical Styles On The Fuller Court, Walter F. Pratt

Faculty Scholarship

No abstract provided.

Annual Report Of The Electric Power Committee, J. David Prince

Faculty Scholarship

This is the annual report of the Electric Power Committee for 1980. It reports on legislative and judicial developments, and issues relevant to the Electric Power Committee.

Mathematical Models And Legal Realities: Some Comments On The Poisson Model Of Jury Behavior, David H. Kaye

Faculty Scholarship

While a mathematical model cannot reflect all the elements of reality, modeling involves drastic simplifications, and those expounding the mathematical model would recognize the complexity of the elements. This article illuminates this cause with a mathematical model that seems to be in vogue, developed by the renowned mathematician Simeon Poisson. It reviews the Poisson model in order to enucleate its many assumptions. It also explains why these assumptions may introduce serious errors into the probabilities calculated according to the model. It also indicates one reason that even a relatively error free model would have limited usefulness in resolving the constitutional …

New York Proposed Code Of Evidence: Article V, The Symposium: The New York Proposed Code Of Evidence, Michael M. Martin

Faculty Scholarship

Article V of the New York Proposed Code of Evidence sets forth the rules of evidentiary privilege. Unlike other articles of the Proposed Code, it differs significantly from its federal counterpart. Article V of the Federal Rules of Evidence consists of only rule 501, which provides that, unless otherwise required by the constitution or federal statute, privileges in federal courts are governed by "the principles of the common law as they may be interpreted... in the light of reason and experience." Rule 501 further provides, however, that questions of privilege in civil cases as to which state law supplies the …

Revenue Seeking: A Generalization Of The Theory Of Tariffs, Jagdish N. Bhagwati, T.N. Srinivasan

Faculty Scholarship

The theory of commercial policy has recently addressed three phenomena: (i) tariff (quota) seeking or lobbying by potential beneficiaries for the imposition of a tariff (quota), (ii) tariff (quota) evasion, and (iii) rent seeking or lobbying for getting an allocation of the import quota to earn the rents generated. Revenue seeking or lobbying to secure a share in the disposition of the tariff revenues is analyzed here. It is shown that revenue seeking may, even for a small country, result in a reduction in importable output. Furthermore, revenue seeking may be welfare improving. Rent seeking may be welfare improving as …

Corporate Crime And Punishment: A Non-Chicago View Of The Economics Of Criminal Sanctions, John C. Coffee Jr.

Faculty Scholarship

In this article, Professor Coffee argues that fines are an inefficient means by which to deter organizational crimes. Instead, he urges a focus on the individual decision-maker and a system of competitive bids with respect to the choice of a fine as an alternative punishment.

The Insanity Defense In Juvenile Delinquency Proceedings, Maxine M. Harrington, Ann O'Regan Keary

Faculty Scholarship

The insanity defense in delinquency proceedings poses an important legal dilemma concerning the rights of children in the juvenile justice system. Indeed, beyond the purely legal concerns of the rights of an accused juvenile, the concept of criminal responsibility in the context of juvenile court proceedings raises perhaps an even more important issue of what is the best model for dealing with mentally ill juvenile offenders, both from the juvenile's viewpoint and that of society as a whole. It is our opinion that not only does the insanity defense have an appropriate role in juvenile proceedings, but that legal as …

Democracy And Distrust: A Theory Of Judicial Review, Gerard E. Lynch

Faculty Scholarship

John Hart Ely's Democracy and Distrust is an ambitious attempt to create a new theory of judicial review, breaking away from both "interpretivism" and "noninterpretivism" – a division Professor Ely regards as a "false dichotomy" (p. vii). The book is brilliant and provocative, so much so that one fears less that its faults will be obscured – there is little danger that polemic critics will fail to pounce on them – than that the flash of Professor Ely's reasoning and the controversy it generates will distract us from the genuine importance of the insight that powers his analysis.

Manifest Criminality, Criminal Intent, And The Metamorphosis Of Lloyd Weinreb, George P. Fletcher

Faculty Scholarship

My colleague has had a revelation. Professor Lloyd Weinreb's views about larceny have undergone a striking transformation in the last six months. As recently as May 1980, when he completed the preface to the third edition of his criminal law casebook, he held one set of views about The Carrier's Case and The King v. Pear. In the article published in this issue, he advances a different set of views about the two cases he regards as so important. He gives us no hint about how or why he underwent his change of heart. His transformation warrants our attention, …

Survey Of Developments In North Carolina Law, 1979. Family Law, Jane R. Wettach, M. Ann Anderson

Faculty Scholarship

No abstract provided.

Specific Performance Of Separation Agreements: Is The Remedy Enforceable?, Jane Wettach

Faculty Scholarship

No abstract provided.

Handbook Of The Law Under The Uniform Commercial Code, Neil B. Cohen

Faculty Scholarship

No abstract provided.

Accreditation Revisited: Aba Reexamination Of Approved Law Schools, Steven R. Smith

Faculty Scholarship

No abstract provided.

Effects Of Beam Polarization On Λ And K0 Inclusive Production In Pp Interactions At 12 Gev/C, R. L. Eisner, William J. Fickinger, J. A. Malko, D. K. Robinson, V. A. Sreedhar

Faculty Scholarship

Inclusive production of Λ and K0 in pp interactions at 12 GeV/c has been studied in an exposure of the Argonne National Laboratory 12-foot bubble chamber to a 50% transversely polarized proton beam. Beam-polarization-induced asymmetries are observed for both K0 and Λ production in the forward direction.

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 …

Retaliation Or Arbitration – Or Both: The 1978 United States-France Aviation Dispute, Lori Fisler Damrosch

Faculty Scholarship

It began as a very small dispute. Pan American World Airways planned to introduce a service from San Francisco to Paris with a stop in London, using a Boeing 747 aircraft from San Francisco to London and a smaller Boeing 727 aircraft from London to Paris. The change to a smaller plane would have enabled the most efficient and economic use of Pan Am's fleet. In aviation as in railroad terminology, a change along a route to equipment of a different size is called a "change of gauge."

In accordance with French law, Pan Am filed a schedule on February …