Digital Commons Network^™

International Securities Regulation: London's "Big Bang" And The European Securities Markets, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Copyrights And State Liability, Beryl R. Jones-Woodin

Faculty Scholarship

No abstract provided.

Revenue Procedure 91-12: The Irs Launches An Information-Gathering Offensive Against International Transportation Operations, Chi K. Cheung, Kevin Outterson

Faculty Scholarship

Every day, in ports around the country, thousands of oceangoing vessels and aircraft transport passengers and property to and from the United States. In many instances, the international transportation operation is foreign-owned and has neither filed nor paid any U.S. income taxes, relying upon tax exemptions under U.S. law or bilateral tax conventions. Newly issued Revenue Procedure 91- 12 requires all international transportation operations that transport passengers or property to or from the U.S. to file U.S. tax returns. Whether or not a tax is due, a U.S. tax return must be filed and certain information disclosed. Large penalties may …

Real Property-Florida Supreme Court Survey, Ronald B. Brown

Faculty Scholarship

No abstract provided.

Monologue Or Dialogue In Management Decisions: A Comparison Of Mandatory Bargaining Duties In The United States And Sweden, Timothy A. Canova

Faculty Scholarship

Management and labor are adversaries in both U.S. and Swedish industrial relations. The Swedish model, however, is marked by a continual dialogue between the adversaries with the objective of achieving mutual understanding on a wide range of issues. This dialogue has been fostered by Swedish labor law reforms, particularly the Swedish Act on Co-Determination, along with a comprehensive labor market policy to promote employment. The result of such reasoned dialogue is greater labor support for industrial restructurings and management support for the technological modernization of industry. The American system could better be characterized as a monologue. In the U.S. the …

Court-Ordered Adr: What Are The Limits?, Nancy A. Welsh

Faculty Scholarship

Increasingly, courts across the country are turning to non-judicial dispute resolution processes - "alternative dispute resolution" or "ADR" - to handle overwhelming caseloads.' Proponents of non-judicial processes state that ADR benefits courts and litigants by reducing the time between the filing and disposition of cases, saving judges' time so that they are available for the cases that really need them, saving money for the parties to the suit, and perhaps most importantly, increasing litigants' satisfaction with the manner in which their disputes are resolved.

A growing body of empirical evidence has begun to support the proponents' claims. A study of …

Anomaly In The Dynamic Behavior Of The Electroclinic Effect Below The Nematicsmectic-A Phase Transition, Zili Li, Robert B. Akins, Gregory A. Dilisi, Charles Rosenblatt, Rolfe G. Petschek

Faculty Scholarship

The electroclinic effect and dielectric response have been investigated in the British Drug House material SCE12 over its entire 15-K smectic-A range. Near the smectic-Asmectic-C*-phase transition both the electroclinic coefficient and dynamic response behave normally, the former diverging and the latter exhibiting a critical slowing down on approaching TA-C* from above. Similar behavior is seen in the dielectric response. Approximately 10 to 12 K above TA-C*, however, it was found that the electroclinic relaxation time levels off and even begins to increase again on approaching the nematicsmectic-A transition from below. The magnitude of the electroclinic coefficient, however, decreases monotonically on …

Allocating The Costs Of Parental Free Exercise : Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment, Paula A. Monopoli

Faculty Scholarship

No abstract provided.

The Rights Of The Disabled In The Food Stamp Program, Eve H. Shapiro, David A. Super

Faculty Scholarship

No abstract provided.

A Half Century Of The Maryland Law Review, William L. Reynolds

Faculty Scholarship

No abstract provided.

Book Review: From The Land Of Bondage: The Greening Of Major League Baseball Players And The Major League Baseball Player Association (Reviewing Marvin Miller, A Whole Different Ball Game: The Sport And Business Of Baseball 1991), Michael J. Cozzillio

Faculty Scholarship

No abstract provided.

Impeachment Of Jury Verdicts: Tanner V. United States And Beyond, James W. Diehm

Faculty Scholarship

No abstract provided.

Teaching Students How To Think Like Lawyers: Integrating Socratic Method With The Writing Process, Mary Kate Kearney, Mary Beth Beazley

Faculty Scholarship

No abstract provided.

The Failure Of The Florida Judicial Review Process To Provide Effective Incentives For Agency Rulemaking, Johnny C. Burris

Faculty Scholarship

No abstract provided.

Feminist Jurisprudence - The 1990 Myra Bradwell Day Panel, Elizabeth M. Schneider, Lucinda Finley, Carin Clauss, Joan Bertin

Faculty Scholarship

No abstract provided.

San Miguel Del Bado And The Loss Of The Common Lands Of New Mexico Community Land Grants, G. Emlen Hall

Faculty Scholarship

No United States governmental action has so rankled revisionist New Mexico land grant scholars as the Supreme Court Sandoval decision in 1897. In that ruling the court held that Spanish and Mexican law had not vested in New Mexico's extensive community land grants a sufficient title to the unallotted common lands within the grant boundaries to bring those lands within the property guarantees of the Treaty of Guadalupe Hidalgo in 1848. The Supreme Court employed at best opaque Spanish and Mexican legal authority to justify its decision; the historical legal analysis has been roundly, if not universally, criticized on that …

A Duty To Warn: One American View Of The Ec Products Liability Directive, Anita Bernstein

Faculty Scholarship

No abstract provided.

Good Legal Writing: A Guide For The Perplexed, Samuel K. Murumba

Faculty Scholarship

No abstract provided.

Electronic Surveillance, Kimberly D. Krawiec

Faculty Scholarship

No abstract provided.

Love Makes A Family--Nothing More, Nothing Less: How The Judicial System Has Refused To Protect Nonlegal Parents In Alternative Families, Barbara Cox

Faculty Scholarship

Part I of this article discusses the legal system's recognition of parental rights and enumerates the possible constitutional, statutory, and equitable theories available for protecting the parental rights of nonlegal parents. Part II considers the cases that have rejected the attempts by members of alternative families to use these theories to obtain this protection. Part III discusses the barriers to political power that will make it extremely difficult and time-consuming to achieve legislative change in these areas, and argues that the courts should use the means available to them currently to protect these nonlegal parents and their children while the …

Mental Health Malpractice In The 1990s, Steven R. Smith

Faculty Scholarship

This article analyzes the current levels and kinds of mental health malpractice claims. It also discusses the direction of individual and institutional malpractice in the 1990s and considers potential reforms. Finally, the article argues that the current system is inadequate to deal with many mental health injuries and that patient plaintiffs should have the option of pursuing malpractice claims in a private, less threatening forum.

Why Parity Matters, Susan Herman

Faculty Scholarship

No abstract provided.

Suretyship Principles In The New Articles 3: Clarifications And Substantive Changes, Neil B. Cohen

Faculty Scholarship

No abstract provided.

Credal Probability, David H. Kaye

Faculty Scholarship

This article responds to Paul Bergman and Al Moore's doubt that ideal triers of facts would be Bayesians. They argue that Bayes' rule, and probability theory in general, fails as a theoretical factfinding model. While probability has long been an accepted measure of belief in empirical propositions and the validity of inductive arguments, this articles addresses Bergman and Moore's doubts directly. It shows how their examples demonstrating the "frequentist" character of Bayesian methodology or the fallacies in Bayesian analysis are easily handled without a frequentist interpretation of probability. Then it shows that an ideal juror's partial beliefs will conform to …

Habeas Corpus, Qualified Immunity, And Crystal Balls: Predicting The Course Of Constitutional Law, Kit Kinports

Faculty Scholarship

After describing the basic legal and policy issues surrounding the qualified immunity defense and the use of novelty to explain procedural defaults in habeas cases, Part I of this article advocates a standard for both types of cases that asks whether a person exercising reasonable diligence in the same circumstances would have been aware of the relevant constitutional principles. With this standard in mind, Part II examines the qualified immunity defense in detail, concluding that in many cases public officials are given immunity even though they unreasonably failed to recognize the constitutional implications of their conduct. Part III compares the …

Is Subjectivity Possible - The Post-Modern Subject In Legal Theory, James Boyle

Faculty Scholarship

This article puts forward a thesis and then attempts to prove (or at least to develop) that thesis in two related areas. The thesis is that legal theory in general, and critical legal theory in particular, has concentrated too much on critiques of objectivity, wrongly assuming that "subjectivity" was an unproblematic term. Subjectivity, like mortality, has seemed not only attainable but inevitable. It is objectivity which is presumed to be the problematic goal of our theories and our attempts at doctrinal interpretation. This article reverses the focus, concentrating on the construction of subjectivity in law and social theory... Having pointed …

Saddam Hussein: Master Air Strategist, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Who Owns Christmas Trees? The Disposition Of Property Used By A Partnership, Daniel S. Kleinberger, Barbara A. Wrigley

Faculty Scholarship

Two partners form an enterprise. One (the K partner) supplies the assets used by the enterprise. The other partner (the L partner) supplies only labor. When the enterprise ends, the partners disagree about how to divide the property used in the partnership business. The K partner wants his or her property returned. The L partner wants his or her share of the business assets. If some of the property has appreciated while in partnership use, the dispute will be especially complicated. How do the partners divide the value of the property as originally brought into the business? Who benefits from …

Jim Crow, Indian Style: The Disenfranchisement Of Native Americans, Jeanette Wolfley

Faculty Scholarship

This article examines the ongoing struggle of Indians to gain the right to vote and, thus, have a meaningful opportunity to fully participate in the political process. It will discuss historical and modern disenfranchisement and the continued progress toward the goal of political equality envisioned by the fifteenth amendment.

A Process Of Denial: Bork And Post-Modern Conservatism, James Boyle

Faculty Scholarship

No abstract provided.