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Lotus V. Borland: Copyright And Computer Programs, Glynn S. Lunney Jr May 1996

Lotus V. Borland: Copyright And Computer Programs, Glynn S. Lunney Jr

Faculty Scholarship

Since Congress's express acknowledgment of copyright protection for computer programs in 1980, courts have faced the sometimes difficult task of deciding whether the admitted copying of some element from a copyright program constitutes infringement. In Lotus v. Borland, for example, the question was whether the admitted copying by Borland of the Lotus 1-2-3 menu structure constituted infringement. The district court held that it did; the First Circuit held that it did not; and the Supreme Court was unable to decide. This Essay suggests that the First Circuit's resolution is the correct one, but that the reasons the First Circuit …

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Corporate Governance And Managerial Incompetence: Lessons From Kmart, D. Gordon Smith Apr 1996

Corporate Governance And Managerial Incompetence: Lessons From Kmart, D. Gordon Smith

Faculty Scholarship

Modern corporate governance scholars often extol an activist role by institutional investors in directing corporate activity. Widely viewed as a solution to the collective action problems that inhibit such activism by individual investors, institutional investors are praised for adding value to corporations through their participation in the decision making process. The ouster of Joseph Antonini as Chief Executive Officer of Kmart Corporation in 1995 might be taken as a vindication of this view, because substantial evidence indicates that institutional investors played a crucial role in influencing Kmart's board of directors to remove him. In this Article, Professor Smith challenges this …

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Twisting Transition In A Fiber Composed Of Chiral Smectic-C Liquid Crystal Polymer, R. A. Sones, Rolfe G. Petschek Apr 1996

Twisting Transition In A Fiber Composed Of Chiral Smectic-C Liquid Crystal Polymer, R. A. Sones, Rolfe G. Petschek

Faculty Scholarship

We consider a cylindrical fiber composed of main-chain liquid crystal polymer in the chiral smectic-C phase. Due to steric constraints on the liquid crystal polymer, the smectic layers orient perpendicular to the fiber axis, the liquid crystal director lies flat against the fiber wall, and a line disclination appears along the fiber axis. Using a Landau-de Gennes expression for the elastic free energy, we show that the fiber may undergo a transition from a cylinder to a helix. The transition is favored by large chirality, large fiber radius, and low surface tension, but is probably not experimentally accessible. However, a …

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Resistance To Equality, Elizabeth M. Schneider Apr 1996

Resistance To Equality, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

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When Law Risks Madness, Susan P. Koniak Apr 1996

When Law Risks Madness, Susan P. Koniak

Faculty Scholarship

Within the United States in 1996, there is a community scattered among us with its own law, its own courts and its own well-armed militias. While the existence of these militias has prompted some debate in the legal literature, the community's law and its courts have been ignored. That law rejects the power of the courts of the federal government and those of the states over the "Sovereign Citizens" of this separate community. On the other hand, this community claims jurisdiction over us - should we interfere with its citizens in some way proscribed by its law - and over …

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Isn't It A Crime: Feminist Perspectives On Spousal Immunity And Spousal Violence, Malinda L. Seymore Mar 1996

Isn't It A Crime: Feminist Perspectives On Spousal Immunity And Spousal Violence, Malinda L. Seymore

Faculty Scholarship

Much has been written about the reluctance of police to arrest in domestic violence cases and the reluctance of the state to prosecute such cases. Part of that reluctance may be caused by prevalent societal attitudes that diminish the importance of spousal violence. In a number of jurisdictions, the reluctance to pursue criminal sanctions against married abusers is caused by the difficulty of procuring the battered spouses' testimony.5 In those jurisdictions, the prosecutor cannot compel a reluctant spouse's testimony because of the spousal privilege not to testify against a defendant spouse. Even in jurisdictions that have some exceptions to the …

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Better Living Through Crime And Tort, Anita Bernstein Feb 1996

Better Living Through Crime And Tort, Anita Bernstein

Faculty Scholarship

No abstract provided.

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Lessons From The Past: Revenge Yesterday And Today, Tamar Frankel Feb 1996

Lessons From The Past: Revenge Yesterday And Today, Tamar Frankel

Faculty Scholarship

Professor Seipp's Paper transports us to the Middle Ages to discover a society that views crime and tort quite differently from the way we view these categories today. Yet our discovery of that society offers a perspective about our own. In Professor Seipp's world the victim of a wrong had a choice: demand revenge by determining how the wrongdoer would be punished, or demand monetary compensation. These two entitlements were mutually exclusive. The victim could choose either one, but to some extent, especially in earlier times, the right of revenge was considered a higher right that the victim was expected …

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Judicial Review Of Informal Agency Action On The Fiftieth Anniversary Of The Apa: The Alleged Demise And Actual Status Of Overton Park's Requirement Of Judicial Review "On The Record", Gordon G. Young Jan 1996

Judicial Review Of Informal Agency Action On The Fiftieth Anniversary Of The Apa: The Alleged Demise And Actual Status Of Overton Park's Requirement Of Judicial Review "On The Record", Gordon G. Young

Faculty Scholarship

No abstract provided.

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Innovations In Collective Bargaining: Nummi - Driven To Excellence, Marley S. Weiss Jan 1996

Innovations In Collective Bargaining: Nummi - Driven To Excellence, Marley S. Weiss

Faculty Scholarship

No abstract provided.

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Regulatory Reinvention And Project Xl: Does The Emperor Have Any Clothes?, Rena I. Steinzor Jan 1996

Regulatory Reinvention And Project Xl: Does The Emperor Have Any Clothes?, Rena I. Steinzor

Faculty Scholarship

No abstract provided.

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Unfunded Environmental Mandates And The "New (New) Federalism": Devolution, Revolution, Or Reform, Rena I. Steinzor Jan 1996

Unfunded Environmental Mandates And The "New (New) Federalism": Devolution, Revolution, Or Reform, Rena I. Steinzor

Faculty Scholarship

No abstract provided.

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Women Of Childbearing Potential In Clinical Research: Perspectives On Nih Policy And Liability Issues, Karen H. Rothenberg, Eugene G. Hayunga, Vivian W. Pinn Jan 1996

Women Of Childbearing Potential In Clinical Research: Perspectives On Nih Policy And Liability Issues, Karen H. Rothenberg, Eugene G. Hayunga, Vivian W. Pinn

Faculty Scholarship

No abstract provided.

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Studying Deck Chairs On The Titanic, William L. Reynolds, William M. Richman Jan 1996

Studying Deck Chairs On The Titanic, William L. Reynolds, William M. Richman

Faculty Scholarship

No abstract provided.

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Elitism, Expediency, And The New Certiorari: Requiem For The Learned Hand Tradition, William M. Richman, William L. Reynolds Jan 1996

Elitism, Expediency, And The New Certiorari: Requiem For The Learned Hand Tradition, William M. Richman, William L. Reynolds

Faculty Scholarship

No abstract provided.

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Administrative Law Progress In 1995: Important Pennsylvania Supreme Court Decisions, John L. Gedid Jan 1996

Administrative Law Progress In 1995: Important Pennsylvania Supreme Court Decisions, John L. Gedid

Faculty Scholarship

No abstract provided.

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The New Paradigm In Custody Law: Looking At Parents With A Loving Eye, Mary Kate Kearney Jan 1996

The New Paradigm In Custody Law: Looking At Parents With A Loving Eye, Mary Kate Kearney

Faculty Scholarship

No abstract provided.

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The Role Of The Corporate Attorney Within The Takeover Context: Loyalties To Whom, Miriam Baer Jan 1996

The Role Of The Corporate Attorney Within The Takeover Context: Loyalties To Whom, Miriam Baer

Faculty Scholarship

No abstract provided.

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A Championship Season For The First Amendment, Joel Gora Jan 1996

A Championship Season For The First Amendment, Joel Gora

Faculty Scholarship

No abstract provided.

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Images Of Law School And Law Teaching In An Imperfect Spy, Stacy Caplow, Spencer W. Waller Jan 1996

Images Of Law School And Law Teaching In An Imperfect Spy, Stacy Caplow, Spencer W. Waller

Faculty Scholarship

No abstract provided.

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From Courtroom To Classroom: Creating An Academic Component To Enhance The Skills And Values Learned In A Student Judicial Clerkship Clinic, Stacy Caplow Jan 1996

From Courtroom To Classroom: Creating An Academic Component To Enhance The Skills And Values Learned In A Student Judicial Clerkship Clinic, Stacy Caplow

Faculty Scholarship

No abstract provided.

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Rationality And The Foundations Of Positive Political Theory, Mathew D. Mccubbins, Michael F. Thies Jan 1996

Rationality And The Foundations Of Positive Political Theory, Mathew D. Mccubbins, Michael F. Thies

Faculty Scholarship

In this paper, we discuss and debunk the four most common critiques of the rational choice research program (which we prefer to call Positive Political Theory) by explaining and advocating its foundations: the rationality assumption, component analysis (abstraction), strategic behavior, and theory building, in turn. We argue that the rationality assumption and component analysis, properly understood, can be seen to underlie all social science, despite the protestations of critics. We then discuss the two ways that PPT most clearly contributes to political science (i.e., what distinguishes it from other research programs), namely the introduction of strategic behavior (people do not …

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Rethinking Media Liability For Defamation Of Public Figures, John L. Diamond Jan 1996

Rethinking Media Liability For Defamation Of Public Figures, John L. Diamond

Faculty Scholarship

No abstract provided.

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The Role Of The Corporate Attorney Within The Takeover Context: Loyalties To Whom?, Miriam H. Baer Jan 1996

The Role Of The Corporate Attorney Within The Takeover Context: Loyalties To Whom?, Miriam H. Baer

Faculty Scholarship

No abstract provided.

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Same-Sex Marriage And The Public Policy Exception In Choice-Of-Law: Does It Really Exist?, Barbara Cox Jan 1996

Same-Sex Marriage And The Public Policy Exception In Choice-Of-Law: Does It Really Exist?, Barbara Cox

Faculty Scholarship

No abstract provided.

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Searches, Seizures, Confessions, And Some Thoughts On Criminal Procedure: Regulation Of Police Investigation -- Legal, Historical, Empirical, And Comparative Materials, Daniel B. Yeager Jan 1996

Searches, Seizures, Confessions, And Some Thoughts On Criminal Procedure: Regulation Of Police Investigation -- Legal, Historical, Empirical, And Comparative Materials, Daniel B. Yeager

Faculty Scholarship

Criminal procedure casebooks densely populate the market but rarely are reviewed. In Criminal Procedure: Regulation of Police Investigation-Legal, Historical, Empirical, and Comparative Materials, Christopher Slobogin copes with the anxiety of influence by writing a different sort of text. Simply put, the book is outwardly somewhat homely. Aesthetics aside, the book is mostly excellent and astonishingly so for a first edition. As the subtitle promises, the book has something for everyone: historians, empiricists, comparativists, theoreticians, case-crunchers, and practitioners. This review essay tracks the book's crowning achievement-the refreshing and inventive "perspectives" chapter that opens the book. The essay then reflects on …

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Helping, Doing, And The Grammar Of Complicity, Daniel B. Yeager Jan 1996

Helping, Doing, And The Grammar Of Complicity, Daniel B. Yeager

Faculty Scholarship

This essay is about the grammatical and, to a lesser extent, moral aspects of the law of complicity, which treats someone who helps someone else commit a crime as though the helper himself committed the crime. The point I hope to make here is similar to the one Professor Phillip Johnson made about what he called "the unnecessary crime of conspiracy."

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Field Placement Programs: Practices, Problems And Possibilities, Robert F. Seibel, Linda H. Morton Jan 1996

Field Placement Programs: Practices, Problems And Possibilities, Robert F. Seibel, Linda H. Morton

Faculty Scholarship

This article presents empirical data on externship programs in hopes of creating a nationwide clearinghouse for those engaging in and evaluating such programs. The authors analyze the implications of their data, both to better understand and support the pedagogical value of externship programs, as well as to evaluate the effect of the more recent ABA regulations imposed on these programs.

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Law Teachers And The Educational Continuum, Michael K. Jordan Jan 1996

Law Teachers And The Educational Continuum, Michael K. Jordan

Faculty Scholarship

There are many difficulties in teaching the law. These problems are often referred to generically as the difficulty in training students to "think like lawyers." The primary focus of the literature discussing these concerns has, therefore, been on how law schools should assist students in developing this ability. Underlying much of this literature is the assumption that what is needed is some tinkering with the law school curriculum. Students are believed to enter law with a set of abilities and potentialities that are honed by the law school curriculum to produce something called a lawyer or the skill denominated as …

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Allocating The Burden Of Proof In Sales Litigation, Alex Stein Jan 1996

Allocating The Burden Of Proof In Sales Litigation, Alex Stein

Faculty Scholarship

No abstract provided.

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