Digital Commons Network^™

Setting Standards For Fair Information Practice In The U.S. Private Sector, Joel R. Reidenberg

Faculty Scholarship

The confluence of plans for an Information Superhighway, actual industry self-regulatory practices, and international pressure dictate renewed consideration of standard setting for fair information practices in the U.S. private sector. The legal rules, industry norms, and business practices that regulate the treatment of personal information in the United States are organized in a wide and dispersed manner. This Article analyzes how these standards are established in the U.S. private sector. Part I argues that the U.S. standards derive from the influence of American political philosophy on legal rule making and a preference for dispersed sources of information standards. Part II …

Thoughts About Pursuing Diversity In Legal Education For Pedagogical Rather Than Political Or Compensatory Reasons, J. Clifton Fleming Jr.

Faculty Scholarship

No abstract provided.

Constructing The Substantive Constitution, James E. Fleming

Faculty Scholarship

I. Introduction A. The Flights from Substance in Constitutional Theory A specter is haunting constitutional theory-the specter of Lochner v. New York.' In the Lochner era, the Supreme Court gave heightened judicial protection to substantive economic liberties through the Due Process Clauses.2 In 1937, during the constitutional revolution wrought by the New Deal, West Coast Hotel v. Parrish3 officially repudiated the Lochner era, marking the first death of substantive due process.4 Nevertheless, the ghost of Lochner has perturbed constitutional theory ever since, manifesting itself in charges that judges are "Lochnering" by imposing their own substantive fundamental values in the guise …

Environmental Law In The Supreme Court: Highlights From The Marshall Papers, Robert V. Percival

Faculty Scholarship

Justice Marshall served on the Court from 1967 until 1991. During that period, Congress passed all of the major federal environmental statutes and environmental regulation mushroomed. As a result, the Marshall papers reveal how the Court reached decisions that have shaped modern environmental law. The author, a former law clerk to former Justice Byron White and an associate professor of law at the University of Maryland, begins by describing the history of the Court's treatment of environmental disputes. He then discusses the steps the Justices take in deciding whether to accept cases for review; in reaching decisions on the merits …

Real Property: 1993 Survey Of Florida Law, Ronald B. Brown

Faculty Scholarship

No abstract provided.

Evaluating Ethics Committees: A View From The Outside, Diane E. Hoffmann

Faculty Scholarship

No abstract provided.

Texas Bucks The Trend - No Cause Of Action For Lost Chance Of Survival In The Medical Malpractice Context: Kramer V. Lewisville Memorial Hospital, Wayne Barnes

Faculty Scholarship

Jennie Kramer visited her gynecologist in August 1985 complaining of unusual discharges and intermittent bleeding. At that time, her doctor informed her that she tested negative for cancer. Her irregular bleeding continued, but on two subsequent visits to another doctor in November and December, Ms. Kramer was again informed that she did not have cancer. During February of 1986, after continued bleeding, Ms. Kramer detected a hard spot in her vagina. She returned to the second doctor a third time, at which time she was diagnosed with cancer. In spite of subsequent exploratory surgery and chemotherapy, Ms. Kramer died on …

Long-Range Interactions And The Pair-Correlation Function In Dipolar Main-Chain Nematic Polymers, Eugene M. Terentjev, Rolfe G. Petschek

Faculty Scholarship

A thermotropic nematic phase of dipole mesogenic polymers with long-range interactions is considered. Using a graphical representation of the corresponding path integrals for the grand canonical ensemble, we derive a Dyson-type equation for the pair-correlation function. We calculate this correlation function in the random-phase approximation, accounting for anisotropic steric repulsion, dispersion, and dipole-dipole interactions between monomers. As an implication of the model, we calculate the (anisotropic) dielectric susceptibiity of a dipolar nematic polymer, which shows a divergent behavior at some critical temperature.

Star Formation Thresholds In Low Surface Brightness Galaxies, Stacy S. Mcgaugh

Faculty Scholarship

Low Surface Brightness (LSB) galaxies appear to have low star formation rates despite their often quite normal H I contents as judged from global H I properties such as MH I/L and MH I/MT ratios. H I imaging with the Very Large Array of the National Radio Astronomy Observatory (the NRAO is operated by Associated Universities Inc. under contract with the National Science Foundation) of eight LSB galaxies shows that the H I is extended compared with the optical size and has average surface densities which are about a factor 2 lower than in High Surface Brightness (HSB) galaxies of …

A Model Of Products Liability Reform, Anita Bernstein

Faculty Scholarship

No abstract provided.

Striking The Balance: The Evolving Nature Of Suretyship Defense, Neil B. Cohen

Faculty Scholarship

No abstract provided.

Preempting Justice Through Binding Arbitration Of Future Disputes: Mere Adhesion Contracts Or A Trap For The Unwary Consumer, Michael Z. Green

Faculty Scholarship

When individual consumers with little or no bargaining power have not consented to particular contractual terms, the use of the courts and judicial interpretations may be the only way to promote justice and allow consumers to protect themselves. Unfortunately, the trend, as established in recent United States Supreme Court decisions, is to apply the deferential standards of enforcement from commercial transactions to situations involving adhesion contracts between an individual consumer and a business entity where equal bargaining power is clearly lacking.

Perhaps the most pervasive example of this trend has been the Supreme Court's zealous enforcement of arbitration clauses under …

Second-Order Flexoelectric Effect In Chiral Nematic Liquid Crystals, D. W. Cronin, Rolfe G. Petschek, Eugene M. Terentjev

Faculty Scholarship

A molecular-statistical model for the second-order flexoelectric effect in chiral nematics is developed, accounting for additional chiral terms in the pair intermolecular potential U(1,2). It is shown by symmetry analysis, that there are four independent chiral terms in the flexoelectric polarization, proportional to the square of director gradients, ℘∼λ∇ n∇n. A molecular-statistical theory is developed for the second-order chiral flexoelectric constants λ. Their values, obtained in the mean-field approximation, depend on molecular dimensions, interaction parameters, and the degree of molecular chirality. Possible experimental situations are discussed where this effect can be observed.

Truth And Consequences: The Force Of Blackmail's Central Case, Wendy J. Gordon

Faculty Scholarship

Blackmail commentary continues to proliferate. One purpose of this paper is to show what we agree on. Its primary tool will be to define what I call the "central case" of blackmail literature, and to supply the connecting links that will allow us to see how various normative theories converge in condemning central case blackmail. Admittedly, the law criminalizes more than my central case. But once we recognize that the central case is neither puzzling nor paradoxical, it may be easier to handle the border cases that arise.

Defining Finality And Appealability By Court Rule: A Comment On Martineau’S Right Problem, Wrong Solution, Thomas D. Rowe Jr.

Faculty Scholarship

No abstract provided.

Implications Of The Stakeholder Model, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Drafting Commercial Law For The New Millennium: Will The Current Process Suffice?, Neil B. Cohen, Barry Zaretsky

Faculty Scholarship

No abstract provided.

Implications Of The Stakeholder Model, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Supreme Court's Tilt To The Property Right: Procedural Due Process Protections Of Liberty And Property Interests, Jack M. Beermann, Barbara A. Melamed, Hugh F. Hall

Faculty Scholarship

The Due Process Clauses of the Fifth and Fourteenth Amendments to the United States Constitution provide important protections against government oppression. They provide that government may not deprive any person of "life, liberty or property" without due process of law. In recent decisions, the Supreme Court has appeared willing to strengthen its protection of traditional property interests yet weaken its protection of liberty interests.

It has long been accepted, albeit with controversy, that due process has both procedural and substantive elements. This essay concerns the procedural elements. Procedural due process analysis asks two questions: first, whether there exists a liberty …

Assisted Suicide: A Tough Pill To Swallow, Mary Margaret Penrose

Faculty Scholarship

The first part of this Comment will present the historical and theological views towards suicide. This background material will be helpful in understanding present-day society's response to the assisted suicide debate by tracing many of the condemnations back through common law development. The second portion of this Comment will focus on the current status of the assisted suicide debate. Although most courts have passed on the issue" and most legislatures do not have laws addressing assisted suicide, there is a great deal of activity shaping the legal future of this topic. This section emphasizes the importance of key nonlegal players …

Choice Of Language In Bilateral Treaties: Fifty Years Of Changing State Practice, John King Gamble, Charlotte Ku

Faculty Scholarship

The language in which treaties are written affects how widely and deeply treaty obligations are understood and, hence, followed.

Of course, many problems arise when the treaty does not have the same meaning in different languages.

The focus of this article is a different aspect of language in treaties--the choice of language or languages as official text or texts of bilateral treaties. Some research has addressed the broader issue of multiple use of languages in international organizations and multilateral treaties, but bilateral treaties have received scant attention. This inattention likely stems from the difficulty of examining the treaty practice of …

Temperature Dependent Coordination Effects In Base-Off Adenosyl And Methylcobalamin By X-Ray Edge Spectroscopy, Mark R. Chance

Faculty Scholarship

Examination of the role of base-off cobalamin species (where the 5,6-dimethylbenzimidazole ligand coordinated to cobalt is detached by protonation of the imidazole nitrogen) in differentiation between homolytic and heterolytic cobalt-carbon bond cleavage mechanisms is a primary step in better understanding B12-dependent enzyme catalysis. X-ray absorption edge spectroscopy provides the first direct structural evidence of five-coordination in base-off adenosyl- and base-off methylcobalamin complexes at room temperature. Integration of 1s-3d pre-edge transitions of the base-off species reveals the dependence of coordination number on temperature. Gradual increases in 1s-3d transition intensities, as the temperature is increased from 180 K to 298 K, reflect …

When Courts Refuse To Frame The Law And Others Frame It To Their Will, Susan P. Koniak

Faculty Scholarship

In the aftermath of Kaye, Scholer, Fierman, Hays & Handler's settlement with the government,¹ two versions of the story have emerged. The most popular version features the government actors as villains-villains with new and lethal weapons at their disposal, willing to enforce law that has leapt full grown from their heads like Zeus' child, law of which the rest of the civilized world was unaware. The counterstory, less often told but not without adherents, casts the lawyers of Kaye, Scholer as the villains: unscrupulous and greedy lawyers ready to break any rule, defile any process, twist any truth on …

Weak Radiative Decay Λ→Nγ And The Radiative Capture Reaction K‾P→∑(1385)Γ, William J. Fickinger, D. K. Robinson

Faculty Scholarship

The branching ratio for the Λ weak radiative decay Λ→nγ has been measured. Three statistically independent results from the same experiment (Brookhaven E811) are reported here. They are combined with a previously published measurement, also from Brookhaven E811, to yield a result of (Λ→nγ)/(Λ→anything)=(1.75±0.15)×10-3, based on 1800 events after background subtraction. This represents a factor of 75 increase in statistics over the previous world total. A comparison with recent theoretical papers shows that no existing model provides a completely satisfactory description of all data on weak radiative decays. A search is also reported for the radiative capture process K-p→Σ(1385)γ at …

Ion-Director Coupling In A Ferroelectric Liquid Crystal, Min-Hua Lu, Charles Rosenblatt, Rolfe G. Petschek

Faculty Scholarship

The coupling between the motion of ionic impurities and the bend-type director distortion in a ferroelectric liquid crystal is examined theoretically. We calculate the relaxation rate of the (fast) director mode to lowest order in the ion concentration. Moreover, we calculate the ratio Kfast(=0)/K(=0), where K() is the amplitude of the temporal autocorrelation function for director fluctuations, is the correlation time, and Kfast() is the corresponding value for the quickly decaying component of this quantity. The ratio, which can be measured in a light-scattering experiment, yields the inverse Debye-Hückel screening length.

The Indivisible Tax Gift, Alan L. Feld

Faculty Scholarship

In Greene v. United States, the District Court for the Southern District of New York recently rewarded (with an income tax refund) the taxpayers' ingenuity in designing a charitable gift. The court did so, however, without discussion of a central issue in the case. Had it considered the nature of the gift more carefully, it might have denied or modified the claimed deduction.

The Nonmajoritarian Difficulty: Legislative Deference To The Judiciary, Mark A. Graber

Faculty Scholarship

No abstract provided.

1990 Farm Bill's Inaccessible-Resource Provision Applies To Vehicles, David A. Super

Faculty Scholarship

No abstract provided.

Federal Court Abstention And State Administrative Law From Burford To Ankenbrandt: Fifty Years Of Judicial Federalism Under Burford V. Sun Oil Co. And Kindred Doctrines, Gordon G. Young

Faculty Scholarship

No abstract provided.

Symposium On Securities Law Enforcement Priorities, Roberta S. Karmel

Faculty Scholarship

No abstract provided.