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Competition Law And Anticompetitive Professional Behavior Affecting Health Care, Frances H. Miller Jul 1992

Competition Law And Anticompetitive Professional Behavior Affecting Health Care, Frances H. Miller

Faculty Scholarship

No abstract provided.


Particularity And Generality: Challenges Of Feminist Theory And Practice In Work On Woman-Abuse, Elizabeth M. Schneider Jun 1992

Particularity And Generality: Challenges Of Feminist Theory And Practice In Work On Woman-Abuse, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.


A Critical Reexamination Of The Takings Jurisprudence, Glynn S. Lunney Jr Jun 1992

A Critical Reexamination Of The Takings Jurisprudence, Glynn S. Lunney Jr

Faculty Scholarship

The U.S. Constitution forbids both the federal and state governments from taking private property for public use in the absence of just compensation. In determining whether particular government actions require compensation, the members of the U.S. Supreme Court have agreed that the purpose of the constitutional compensation requirement is "to bar Government from forcing some people alone to bear public burdens which, in all fairness and justice, should be borne by the public as a whole." The members of the Court have also agreed that whether justice and fairness require compensation will turn upon a two-step inquiry. First, government action …


Justice For Rodney King, Scott C. Burrell, Alan R. Dial, Thomas W. Mitchell May 1992

Justice For Rodney King, Scott C. Burrell, Alan R. Dial, Thomas W. Mitchell

Faculty Scholarship

May 1992 letter from three Howard University School of Law students to President George H.W. Bush advocating that the United States Department of Justice invoke the Petite Policy to initiate a criminal action against the Los Angeles Police Department police officers responsible for brutally beating Rodney King despite the fact that these offers had been acquitted in a California state court. The letter, which was read in front of the White House by Thomas Mitchell to hundreds of people who had gathered to urge the federal government to take action, sets forth a clear legal basis to permit the Justice …


The Eichmann Trial, The Jewish Question, And The American-Jewish Intelligentsia, Pnina Lahav May 1992

The Eichmann Trial, The Jewish Question, And The American-Jewish Intelligentsia, Pnina Lahav

Faculty Scholarship

The abduction, trial, and execution of Adolf Karl Eichmann by the state of Israel, fifteen years after the shutdown of the crematoria at Auschwitz, challenged the American Jewish intelligentsia to confront the Jewish question.4 What does it mean to be a Jew in America and who is an American Jew? Is the Jewish history of anti-Semitism and the Holocaust also a part of American-Jewish history? Is there a lesson in the destruction of European Jewry-the triumph of anti-Semitism, the failure of assimilation-relevant to American Jews? Is there a national component to being Jewish? Are Jews a people? If so, is …


Anomalous Dipolar Flexoelectric Effect In A Nematic Main-Chain Polymer, Rolfe G. Petschek, Eugene M. Terentjev Apr 1992

Anomalous Dipolar Flexoelectric Effect In A Nematic Main-Chain Polymer, Rolfe G. Petschek, Eugene M. Terentjev

Faculty Scholarship

An anomalously large flexoelectric effect is predicted in the nematic phase of thermotropic main-chain polymers, which have a defined orientation of subsequent monomers bonded on the chain. We identify two different ranges of order parameters. When the persistence length of the chain in the direction parallel to the order parameters is larger than a monomer length but not too long (small order parameter), the longitudinal flexoelectric coefficient f is proportional to this exponentially large persistence length, assuming that the polymers are many persistence lengths long. This result corresponds to the simple estimation that relates flexoelectric coefficients to the Frank elastic …


A Catalog Of Low Surface Brightness Galaxies. List Ii, Stacy S. Mcgaugh Apr 1992

A Catalog Of Low Surface Brightness Galaxies. List Ii, Stacy S. Mcgaugh

Faculty Scholarship

The second edition of a catalog of low surface brightness (LSB) galaxies is presented based on a visual search of the Second Palomar Sky Survey. This paper presents newly discovered LSB galaxies in 97 fields within the declination range of 0° to + 25°. The primary catalog (objects with diameters greater than 1 arcmin) contains 198 objects; the secondary catalog (30 arcsec < D < 1 arcmin) contains 140 objects. H I observations are presented for 171 of these newly discovered galaxies. Our 80% detection rate yields a fairly representative velocity distribution for a sample of LSB objects. The sample is dominated by LSB disks galaxies with 2000 < v < 9000 km s-1. Below 2000 km s-1 a few true dwarf galaxies are found. Approximately 10% of the sample has v > 10 000 km s-1 and thus represents additional examples of truly large LSB galaxies. The H I redshift distribution is consistent with the hypothesis that LSB and HSB disk galaxies, in general, are drawn from the same distribution …


Asymmetric Market Failure And Prisoner's Dilemma In Intellectual Property, Wendy J. Gordon Apr 1992

Asymmetric Market Failure And Prisoner's Dilemma In Intellectual Property, Wendy J. Gordon

Faculty Scholarship

When competitors engage in unrestrained copying of each others' intangible products, the structure can resemble a prisoner's dilemma in which free choice leads to unnecessarily low individual payoffs and low social welfare. There are many ways to avoid these low payoffs, such as contract enforcement, direct regulation of copying behavior through IP, and direct government subsidies. All of these modes alter the payoff pattern away from prisoner's dilemma.

When should lawmakers place copyright law or other IP law among the prime options to consider?

Because copyright, patent, misappropriation and the like all work through private-property markets, one key is to …


Shell Games: The Continuing Legacy Of Rights To Minerals And Water On Spanish And Mexican Land Grants In The Southwest, G. Emlen Hall Mar 1992

Shell Games: The Continuing Legacy Of Rights To Minerals And Water On Spanish And Mexican Land Grants In The Southwest, G. Emlen Hall

Faculty Scholarship

This paper explores generally this paradoxical approach to mineral and water rights on confirmed Spanish and Mexican land grants. The analysis treats mineral and water rights separately. For each critical land grant resource, the paper explicates basic law of the Southwest's antecedent sovereigns. It then suggests how those Spanish and Mexican rights fit within the 1848 Treaty of Guadalupe Hidalgo guarantee of protection of "property rights." It proceeds to analyze how the United States implemented those guarantees, suggesting that the treatment of the succeeding sovereign owed more to its own law than it did to the law of the antecedent …


Mum's The Word: The Supreme Court And Family Planning, Wendy K. Mariner Feb 1992

Mum's The Word: The Supreme Court And Family Planning, Wendy K. Mariner

Faculty Scholarship

On May 23, 1991, the US Supreme Court upheld federal regulations that prohibit federally funded family planning programs from counseling about or referring for abortion. As a result, government benefits may now entail substantial costs. The regulations changed the nature of government-assisted family planning from comprehensive care and counseling to limited services and government-prescribed information. The reasoning in Rust v Sullivan allows government to limit freedom of speech in federally funded programs. The decision may have been influenced by antiabortion sentiment, but it does not affect the legality of abortion. Instead, it sets a precedent for government control of whether …


On Owning Information: Intellectual Property And The Restitutionary Impulse, Wendy J. Gordon Feb 1992

On Owning Information: Intellectual Property And The Restitutionary Impulse, Wendy J. Gordon

Faculty Scholarship

Every day someone invests time, labor, or money in creating a valuable intangible. Someone collects information, creates an idea, designs a boat hull, writes a book, or comes up with a new way to market a product that someone else developed. Judicial treatment of these and other cognate occurrences has shifted dramatically in recent years.


Molecular-Statistical Theory For Curvature Elasticity Of Thermotropic Main-Chain-Polymer Liquid Crystals, Rolfe G. Petschek, Eugene M. Terentjev Jan 1992

Molecular-Statistical Theory For Curvature Elasticity Of Thermotropic Main-Chain-Polymer Liquid Crystals, Rolfe G. Petschek, Eugene M. Terentjev

Faculty Scholarship

We develop a microscopic molecular-statistical theory for thermotropic nematic polymers, composed of semiflexible chains of bonded nematogenic monomers. In the framework of a mean-field approximation we account for pair-interaction forces between monomers, including long-range attraction, steric repulsion, and effective rigidity of the bonds between subsequent monomers on the same chain. The functional correction to the probability distribution in a nonuniform orienting field is obtained for the case of very-long-wavelength deformations. We then derive a curvature-elastic free energy for this system, in which the Frank elastic constants are expressed in terms of definite molecular and thermodynamic parameters. It is shown that …


Ignoring History: The Liability Of Ships' Masters, Innkeepers And Stablekeepers Under Roman Law, David S. Bogen Jan 1992

Ignoring History: The Liability Of Ships' Masters, Innkeepers And Stablekeepers Under Roman Law, David S. Bogen

Faculty Scholarship

No abstract provided.


Federal Expungement: A Concept In Need Of Definition, James W. Diehm Jan 1992

Federal Expungement: A Concept In Need Of Definition, James W. Diehm

Faculty Scholarship

No abstract provided.


Preface, John L. Gedid Jan 1992

Preface, John L. Gedid

Faculty Scholarship

No abstract provided.


Recovery By Stepchildren In Wrongful Death Actions, Robyn L Meadows Jan 1992

Recovery By Stepchildren In Wrongful Death Actions, Robyn L Meadows

Faculty Scholarship

No abstract provided.


Integrating Theory With Practice, Robert C Power Jan 1992

Integrating Theory With Practice, Robert C Power

Faculty Scholarship

No abstract provided.


Positive Canons: The Role Of Legislative Bargains In Statutory Interpretation, Mathew D. Mccubbins, Roger G. Noll, Barry R. Weingast Jan 1992

Positive Canons: The Role Of Legislative Bargains In Statutory Interpretation, Mathew D. Mccubbins, Roger G. Noll, Barry R. Weingast

Faculty Scholarship

No abstract provided.


Directors' Duty Of Care And The Business Judgment Rule: American Precedents And Australian Choices, Deborah A. Demott Jan 1992

Directors' Duty Of Care And The Business Judgment Rule: American Precedents And Australian Choices, Deborah A. Demott

Faculty Scholarship

Regardless of local differences in detail, directors occupy a central position in systems of corporate law. Significant and pervasive questions surround the expectations defined by the law for directors’ performance in office, along with the circumstances under which directors incur personal liability. This essay begins by explaining the development, in the United States, of the law defining the duty of care a director owes to a corporation, along with the circumstances under which a director will be personally liable for breaching that duty. It then examines the relevance of these developments to the current Australian context.


The Effect Of New Rule 56 On The Law Of Inequitable Conduct, R. Carl Moy Jan 1992

The Effect Of New Rule 56 On The Law Of Inequitable Conduct, R. Carl Moy

Faculty Scholarship

This article discusses Rule 56 of the Patent and Trademark Office. Part II discusses changes from the old to the new Rule 56, and examines the former’s relationship to the law of inequitable conduct. Part III elaborates on the current status of the PTO’s rulemaking efforts, and Part IV is focused on the new Rule under the APA. Parts V and VI are about new Rule 56 as a hortatory statement and common-law jurisprudential limitations, respectively. The author ultimately concludes that the PTO could have chosen to approach the Federal Circuit as an amicus without a prior rulemaking proceeding. That …


Addressing Recidivism: Legal Education In Correctional Settings, Justin P. Brooks Jan 1992

Addressing Recidivism: Legal Education In Correctional Settings, Justin P. Brooks

Faculty Scholarship

No abstract provided.


The Tail That Wagged The Dog: Bifurcated Factfinding Under The Federal Sentencing Guidelines And The Limits Of Due Process, Susan Herman Jan 1992

The Tail That Wagged The Dog: Bifurcated Factfinding Under The Federal Sentencing Guidelines And The Limits Of Due Process, Susan Herman

Faculty Scholarship

No abstract provided.


"Comparing Medical Provider Performance: A First Look At The New Era Of Medical Statistics", Neil B. Cohen, Aaron D. Twerski Jan 1992

"Comparing Medical Provider Performance: A First Look At The New Era Of Medical Statistics", Neil B. Cohen, Aaron D. Twerski

Faculty Scholarship

No abstract provided.


Comparing Medical Provider Performance: A First Look At The New Era Of Medical Statistics, Aaron Twerski, Neil B. Cohen Jan 1992

Comparing Medical Provider Performance: A First Look At The New Era Of Medical Statistics, Aaron Twerski, Neil B. Cohen

Faculty Scholarship

No abstract provided.


A Proposed Revision Of Section 402a Of The Restatement (Second) Of Torts, Aaron Twerski, J. A. Henderson Jan 1992

A Proposed Revision Of Section 402a Of The Restatement (Second) Of Torts, Aaron Twerski, J. A. Henderson

Faculty Scholarship

No abstract provided.


Judicial Deference To The Pto's Interpretations Of The Patent Law, R. Carl Moy Jan 1992

Judicial Deference To The Pto's Interpretations Of The Patent Law, R. Carl Moy

Faculty Scholarship

This article attempts to provide a basis upon which to preserve the Federal Circuit's current lawmaking primacy. Given the large body of preexisting literature on Chevron, USA, Inc v. Natural Resources Defense Council, it does not address whether Chevron allocates power between agencies and the courts optimally. Rather, the article examines how the PTO's statutory interpretations should be reviewed under Chevron. In Section I, the article places the examination in context by describing the Chevron decision and its general implications. Section II of the article examines how Chevron should be applied specifically in the context of reviewing statutory interpretations of …


Patriarchy, Paternalism, And The Masks Of Fetal Protection., A. Kimberley Dayton Jan 1992

Patriarchy, Paternalism, And The Masks Of Fetal Protection., A. Kimberley Dayton

Faculty Scholarship

This essay is a response to John Kennedy's defense of Johnson Controls, Inc.'s fetal protection policy which was struck down last year in International Union, UAW v. Johnson Controls, Inc. A unanimous Supreme Court held in the case that the policy, which excluded women from a "fetotoxic" workplace, violated the federal employment discrimination laws. The Court's decision was issued only a day before Kennedy was scheduled to debate the issue of whether Title VII bars fetal protection policies with Professor Elinor Schroeder at the Kansas Journal's first symposium on March 21-22. 1991. The Court's decision rendered the technical statutory issues …


Thelma And Louise And Bonnie And Jean: Images Of Women As Criminals, Susan Herman Jan 1992

Thelma And Louise And Bonnie And Jean: Images Of Women As Criminals, Susan Herman

Faculty Scholarship

No abstract provided.


The Gaps Between The Fingers Of The Invisible Hand, Bailey Kuklin Jan 1992

The Gaps Between The Fingers Of The Invisible Hand, Bailey Kuklin

Faculty Scholarship

No abstract provided.


Of Pdrs And Precedent, Jim Paulson, James Hambleton Jan 1992

Of Pdrs And Precedent, Jim Paulson, James Hambleton

Faculty Scholarship

This Texas Lawyer Legal Research column article discusses the Texas Court of Criminal Appeals’ use of discretionary review powers to discourage out-of-staters from setting up a law practice in Texas and the true anniversary date of the Texas Court of Criminal Appeals.