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Property Law: 1998 Survey Of Florida Law, Ronald B. Brown, Joseph M. Grohman Oct 1998

Property Law: 1998 Survey Of Florida Law, Ronald B. Brown, Joseph M. Grohman

Faculty Scholarship

No abstract provided.


Markets, Democracy, And Ethnicity: Toward A New Paradigm For Law And Development, Amy L. Chua Oct 1998

Markets, Democracy, And Ethnicity: Toward A New Paradigm For Law And Development, Amy L. Chua

Faculty Scholarship

No abstract provided.


Regulatory Takings And Original Intent: The Direct, Physical Takings Thesis Goes Too Far, Andrew S. Gold Oct 1998

Regulatory Takings And Original Intent: The Direct, Physical Takings Thesis Goes Too Far, Andrew S. Gold

Faculty Scholarship

No abstract provided.


Coming Out: Decision-Making In State And Federal Sodomy Cases, Susan Ayres Oct 1998

Coming Out: Decision-Making In State And Federal Sodomy Cases, Susan Ayres

Faculty Scholarship

In 1791, American states were enacting laws against sodomy at the same time they ratified the Bill of Rights, the first ten constitutional amendments meant to safeguard fundamental rights of individuals in a free society. In a March 1789 letter to James Madison, Thomas Jefferson asserted that a bill of rights was necessary to give the judiciary the power to protect such individual rights. Ironically, that which the judiciary gives, it may also take away, since "[t]he legislator is a writer. And the judge a reader."

This Article deconstructs recent sodomy cases in order to challenge judicial adoption or reinscription …


Creating True Believers: Putting Macro Theory Into Practice, Minna J. Kotkin Oct 1998

Creating True Believers: Putting Macro Theory Into Practice, Minna J. Kotkin

Faculty Scholarship

No abstract provided.


What If There Is No Client?: Prosecutors As "Counselors" Of Crime Victims, Stacy Caplow Oct 1998

What If There Is No Client?: Prosecutors As "Counselors" Of Crime Victims, Stacy Caplow

Faculty Scholarship

No abstract provided.


Formalism And State Sovereignty In Printz V. United States: Cooperation By Consent, Andrew S. Gold Oct 1998

Formalism And State Sovereignty In Printz V. United States: Cooperation By Consent, Andrew S. Gold

Faculty Scholarship

No abstract provided.


Lawyering Up, Susan Bandes, Jack M. Beermann Oct 1998

Lawyering Up, Susan Bandes, Jack M. Beermann

Faculty Scholarship

The widespread dissemination of knowledge about the Miranda protections is often referred to as one of the most successful efforts ever made to educate the American public about its constitutional rights. Studies confirm that a high percentage of the public is aware of Miranda, largely due to television and other mass media. This article asks the question: if television is educating the public about its Miranda rights, what exactly is it teaching us? As fans of the cop show NYPD Blue (a show in which the interrogation and confession are often the dramatic focus) we use that show to explore …


Transcript Of The Roundtable On Insider Trading: Law, Policy And Theory After O'Hagan, Roberta S. Karmel Sep 1998

Transcript Of The Roundtable On Insider Trading: Law, Policy And Theory After O'Hagan, Roberta S. Karmel

Faculty Scholarship

No abstract provided.


Fictional Persona Test: Copyright Preemption In Human Audiovisual Characters, Peter K. Yu Sep 1998

Fictional Persona Test: Copyright Preemption In Human Audiovisual Characters, Peter K. Yu

Faculty Scholarship

Whether a producer's copyright in human audiovisual characters preempts the actors' rights of publicity claims is the focus of this Note. Part I outlines the framework of state right of publicity law and traces the development of case law involving such a right. Because "[a]dvertisers who want to run a particular advertisement nationally must comply with the law of all fifty states," this Note focuses on the right of publicity of the state with the broadest interpretation-the state of California. This Part shows that, under existing California right of publicity law, virtually anything evoking one's personal identity, including copyrighted materials, …


Venture Capital Contracting In The Information Age, D. Gordon Smith Jul 1998

Venture Capital Contracting In The Information Age, D. Gordon Smith

Faculty Scholarship

Most venture capitalists provide services to their portfolio companies beyond capital investment. Although these services form an important part of the bargain between the venture capitalists and the entrepreneur, they are rarely specified or even capable of specification in venture capital contracts. This article examines the moral hazard and adverse selection problems facing entrepreneurs who hire venture capitalists to provide value-added services and describes the role of the market for venture capitalist reputation in addressing those problems. Further, the Article speculates about whether advances in information technology - specifically, the World Wide Web - are likely to improve the efficiency …


An Essay On Uncertainty And Fact-Finding In Civil Litigation, With Special Reference To Contract Cases, Alex Stein Jul 1998

An Essay On Uncertainty And Fact-Finding In Civil Litigation, With Special Reference To Contract Cases, Alex Stein

Faculty Scholarship

No abstract provided.


Routes To Self-Assembling Stable Photonic Band-Gap Phases In Emulsions Of Chiral Nematics With Isotropic Fluids, Chien-Yueh Huang, Jonathan J. Stott, Rolfe G. Petschek Jun 1998

Routes To Self-Assembling Stable Photonic Band-Gap Phases In Emulsions Of Chiral Nematics With Isotropic Fluids, Chien-Yueh Huang, Jonathan J. Stott, Rolfe G. Petschek

Faculty Scholarship

Blue phases are stable phases with crystalline packing of interwoven topological defects in chiral nematic liquid crystals. We argue that chiral nematics with appropriate surfactants are likely to form blue phases for a wide range of parameters. We derive the transition curve for stable emulsified blue phases and find that the required low surface tension is within the accessible range of surfactants. These emulsified blue phases provide possible routes to photonic band-gap materials.


Holmes's Good Man: A Comment On Levinson And Balkin, Jack M. Beermann Jun 1998

Holmes's Good Man: A Comment On Levinson And Balkin, Jack M. Beermann

Faculty Scholarship

Sanford Levinson and J.M. Balkin's paper ("L & B") is refreshing in the attention it pays to Holmes's oft-neglected "good [man], who finds his reasons for conduct, whether inside the law or outside of it, in the vaguer sanctions of conscience."1 The good man provides a heuristic foil for Holmes's "bad man" whose conduct is motivated only by the potential material consequences, and thus L & B's analysis should help shed light on what is a puzzling metaphor in the folklore surrounding Holmes's The Path of the Law. L & B provide some interesting observations on the implications of …


Testing Modified Newtonian Dynamics With Low Surface Brightness Galaxies: Rotation Curve Fits, Stacy S. Mcgaugh May 1998

Testing Modified Newtonian Dynamics With Low Surface Brightness Galaxies: Rotation Curve Fits, Stacy S. Mcgaugh

Faculty Scholarship

We present modified Newtonian dynamics (MOND) fits to 15 rotation curves of low surface brightness (LSB) galaxies. Good fits are readily found, although for a few galaxies minor adjustments to the inclination are needed. Reasonable values for the stellar mass-to-light ratios are found, as well as an approximately constant value for the total (gas and stars) mass-to-light ratio. We show that the LSB galaxies investigated here lie on the one, unique Tully-Fisher relation, as predicted by MOND. The scatter on the Tully-Fisher relation can be completely explained by the observed scatter in the total mass-to-light ratio. We address the question …


Hubble Space Telescope Wide Field Planetary Camera 2 Imaging Of Ugc 12695: A Remarkably Unevolved Galaxy At Low Redshift, Stacy S. Mcgaugh May 1998

Hubble Space Telescope Wide Field Planetary Camera 2 Imaging Of Ugc 12695: A Remarkably Unevolved Galaxy At Low Redshift, Stacy S. Mcgaugh

Faculty Scholarship

Utilizing the F814W and F300W filters, short-exposure Hubble Space Telescope Wide Field Planetary Camera 2 images were taken of UGC 12695, a nearby (z ∼ 0.021) low surface brightness disk galaxy. UGC 12695 has an unusual morphology, consisting of a Y-shaped nucleus surrounded by a faint spiral arm with a number of bright H II regions interspersed throughout the galaxy. Surface photometry indicates that the majority of recent star formation in this galaxy occurred in these very localized regions, most of which have a radius of ≲2″. This uneven stellar distribution, combined with the galaxy's overall extremely blue color and …


The Politics Of The Products Liability Restatement, Aaron Twerski, J. A. Henderson Apr 1998

The Politics Of The Products Liability Restatement, Aaron Twerski, J. A. Henderson

Faculty Scholarship

No abstract provided.


Predicting When The Uniform Law Process Will Fall: Article 9, Capture And The Race To The Bottom, Edward J. Janger Mar 1998

Predicting When The Uniform Law Process Will Fall: Article 9, Capture And The Race To The Bottom, Edward J. Janger

Faculty Scholarship

No abstract provided.


Defining The Economic Relationship Appropriate For Collective Bargaining, Michael C. Harper Mar 1998

Defining The Economic Relationship Appropriate For Collective Bargaining, Michael C. Harper

Faculty Scholarship

These are, of course, difficult times for those who share the goals of the framers of the original National Labor Relations Act (the "NLRA" or "Act") .' As union density in the private sector has continued to decline2 and as the NLRA has proven helpless against the economic developments that have generated continuing employer resistance to collective bargaining, the original vision of the Wagner Congress must seem myopic and shaded with an excessively optimistic tint. Observing these economic developments and the enhanced impediments to union organization that they have posed makes it clear that only a much different statute …


Highly Anisotropic Elasticity Of A Dendrimeric Liquid Crystal, A. J. Jin, Michael R. Fisch, M. P. Mahajan, Karl A. Crandall, P. Chu, C.-Y. Huang, V. Percec, Rolfe G. Petschek, Charles Rosenblatt Feb 1998

Highly Anisotropic Elasticity Of A Dendrimeric Liquid Crystal, A. J. Jin, Michael R. Fisch, M. P. Mahajan, Karl A. Crandall, P. Chu, C.-Y. Huang, V. Percec, Rolfe G. Petschek, Charles Rosenblatt

Faculty Scholarship

Magnetic and electrical Freedericksz measurements were performed on the second generation monodendritic liquid crystal G2(OH). The deduced elastic constants were found to be exceptionally anisotropic: the splay elastic constant K11 is more than an order of magnitude larger than the bend elastic constant K33, and the twist constant K22 is approximately twice K33. The results are discussed in terms of molecular conformations.


Erratum: Equilibrium Polymerization Of Chains And Rings: A Bicritical Phenomenon, Rolfe G. Petschek Feb 1998

Erratum: Equilibrium Polymerization Of Chains And Rings: A Bicritical Phenomenon, Rolfe G. Petschek

Faculty Scholarship

[No abstract available]


Reinventing Environmental Regulation Via The Government Performance And Results Act: Where's The Money?, Rena I. Steinzor, William F. Piermattei Jan 1998

Reinventing Environmental Regulation Via The Government Performance And Results Act: Where's The Money?, Rena I. Steinzor, William F. Piermattei

Faculty Scholarship

No abstract provided.


Reinventing Environmental Regulation: Back To The Past By Way Of The Future, Rena I. Steinzor Jan 1998

Reinventing Environmental Regulation: Back To The Past By Way Of The Future, Rena I. Steinzor

Faculty Scholarship

No abstract provided.


Administrative Law Progress In 1997: Selected Pennsylvania Supreme Court Decisions Involving Constitutional And Administrative Law, John L. Gedid Jan 1998

Administrative Law Progress In 1997: Selected Pennsylvania Supreme Court Decisions Involving Constitutional And Administrative Law, John L. Gedid

Faculty Scholarship

No abstract provided.


Developments In State Constitutional Law: Due Process, Jill E. Family Jan 1998

Developments In State Constitutional Law: Due Process, Jill E. Family

Faculty Scholarship

No abstract provided.


The Pre-Emption Presumption That Never Was: Pre-Emption Doctrine Swallows The Rule, Susan Raeker-Jordan Jan 1998

The Pre-Emption Presumption That Never Was: Pre-Emption Doctrine Swallows The Rule, Susan Raeker-Jordan

Faculty Scholarship

No abstract provided.


Linguistics And The Composition Of Legal Documents: Border Crossing, Elizabeth Fajans, Mary R. Falk Jan 1998

Linguistics And The Composition Of Legal Documents: Border Crossing, Elizabeth Fajans, Mary R. Falk

Faculty Scholarship

No abstract provided.


Creating Law At The Securities And Exchange Commission: The Lawyer As Prosecutor, Roberta S. Karmel Jan 1998

Creating Law At The Securities And Exchange Commission: The Lawyer As Prosecutor, Roberta S. Karmel

Faculty Scholarship

No abstract provided.


"Toward A Contractarian Account Of Family Governance", Marsha Garrison Jan 1998

"Toward A Contractarian Account Of Family Governance", Marsha Garrison

Faculty Scholarship

No abstract provided.


Book Reviews: Bodies Of Law By Alan Hyde, Cynthia Godsoe Jan 1998

Book Reviews: Bodies Of Law By Alan Hyde, Cynthia Godsoe

Faculty Scholarship

No abstract provided.