Digital Commons Network^™

Harmless Error And The Valid Rule Requirement, Henry Paul Monaghan

Faculty Scholarship

Nearly a decade ago in the pages of this journal, in discussing the nature of overbreadth challenges, I drew attention to what may be characterized as the "valid rule requirement." A defendant in a coercive action always has standing to challenge the rule actually applied to him. This means that he can resist sanctions unless they are imposed in accordance with a constitutionally valid rule, whether or not his own conduct is constitutionally privileged. The valid rule requirement focuses upon the rule as applied to the defendant by the jury instructions. In Pope v. Illinois the Court held that harmless …

The Rule Of Law And The Two Realms Of Welfare Administration, William H. Simon

Faculty Scholarship

Although it was not the first case in which the Supreme Court upheld a welfare claim, Goldberg v. Kelly is often thought of as the case that extended the rule of law to the welfare system. In doing so, it repudiated the "right/privilege" distinction that would confine procedural protections of economic interests to private law claims.

But Goldberg did not challenge basic assumptions about the nature of procedural fairness that the legal culture had developed principally in connection with private law claims. Its conception of fairness focused on claims initiated by individuals for relief for themselves, and on an adjudicatory …

What Triggers Revlon?, Ronald J. Gilson, Reinier Kraakman

Faculty Scholarship

Delaware's new approach to takeover law is announced in three cases that address different aspects of management's role in the standard drama of defending against a hostile takeover. Unocal Corp. v. Mesa Petroleum Co. scripts a main act for the drama by prescribing a duty to compare the outsider's offer with the universe of other options and, if necessary, to resist the outsider within the guidelines fixed by the proportionality test. Moran v. Household International, Inc. writes a prologue by encouraging management to plan a vigorous defense that can thwart a coercive offer without damaging the company. Finally, Revlon …

Desegregating Politics: "All-Out" School Desegregation Explained, James S. Liebman

Faculty Scholarship

School desegregation is not dead. It lives quietly in what used to be the Confederate South. Notwithstanding the Reagan and Bush Administrations' ten-year campaign to limit the legal, remedial, and temporal scope of court-ordered integration plans throughout the nation, desegregation persists in southern rural areas where substantial numbers of black Americans continue to reside and in southern urban areas where school districts were organized in 1970 to encompass not only the inner city but also the suburbs. By many accounts, moreover, desegregation is an effective and accepted – one may even say respected – member of the family of social …

Exchange On The Eleventh Amendment, Calvin R. Massey

Faculty Scholarship

No abstract provided.

"I Didn't Tell Them Anything About You": Implied Assertions As Hearsay Under The Federal Rules Of Evidence, Roger C. Park

Faculty Scholarship

No abstract provided.

American Fiduciary Duty In An Age Of Narcissism, Calvin R. Massey

Faculty Scholarship

No abstract provided.

The Locus Of Sovereignty Judicial Review, Legislative Supremacy, And Federalism In The Constitutional Traditions Of Canada And The United States, Calvin R. Massey

Faculty Scholarship

No abstract provided.

Extinguishment Of Easements: Division Of Proceeds Clauses, William T. Hutton

Faculty Scholarship

No abstract provided.

Stumbling Blocks And Stepping Stonea Newcomers' Guide To Perilous Terrain In Law School, Lois Schwartz, Suzanne Homer

Faculty Scholarship

No abstract provided.

Socialist And Non-Socialist Approaches To Land Law: Continuity And Change In Somalia And Other African States, Ugo Mattei

Faculty Scholarship

No abstract provided.

Copyright Protection For Asic Gate Configurations: Plds, Custom And Semicustom Chips, Glynn S. Lunney Jr

Faculty Scholarship

Conventional wisdom holds that computer software and computer hardware require two different species of intellectual property protection. Software is thought best protected by copyright law, while hardware is thought best protected by patent law, trade secret law or the Semiconductor Chip Protection Act of 1984. Recent technological and legal developments blur software-hardware distinctions, as courts have extended copyright protection to object code, firmware and microcode, and patent protection to software. This note argues that the standard industry conceptions of hardware and software are inadequate to answer the legal question of what is copyrightable as a computer program. Furthermore, it considers …

Dynamics Of Dislocation-Mediated Melting In A Two-Dimensional Lattice In The Presence Of An Oscillatory Applied Strain, Arnold J. Dahm, M. A. Stan, Rolfe G. Petschek

Faculty Scholarship

The temperature and frequency dependence of the power dissipated in a two-dimensional crystal subjected to an applied strain is shown to exhibit a distinct signature for dislocation-dissociation melting. The power absorption is analogous to the case of thin helium films subjected to an applied velocity field. Power loss by dislocation motion in the compressional mode is severely limited by the presence of nonequilibrium densities of interstitial and vacancy defects that are created or annihilated by dislocation climb. Tables of analogs between dislocations, vortices, and charges in two-dimensional systems are presented. The relation of the results to published experiments is discussed.

Critical Behavior Of A Frustrated Ising System, O. Heinonen, Rolfe G. Petschek

Faculty Scholarship

Finite-size-scaling analysis of a simulation of the critical behavior of a nonrandom three-dimensional frustrated system yields a tricritical-like behavior not predicted by a simple Landau-Ginzburg-Wilson theory. We argue that, because of the frustration, the free energy of many phases is close to that of the observed ordered phase and that a complete theory must take into account interactions between fluctuations of order parameters of all these phases. We suggest that these properties are generic to frustrated systems. Related transitions in the model are also discussed.

A Critical Approach To Section 1983 With Special Attention To Sources Of Law, Jack M. Beermann

Faculty Scholarship

The Civil Rights Act of 1871¹ ("§ 1983") establishes a tort-like remedy for persons deprived of federally protected rights "under color of law."'² While the statute's broad language provides a remedy for violations of federal constitutional and statutory rights, the statute itself provides little or no guidance regarding important subjects such as the measure of damages, the availability of punitive damages, the requirements for equitable relief, the statute of limitations, survival of claims, proper parties, and immunities from suit.³...

...The first part of this article examines the narrowly "legal" analysis of § 1983 in the cases …

What Can Be Done About Stock Market Volatility, Tamar Frankel

Faculty Scholarship

Volatility is as old as the financial markets. The bull market of 1986 and the crash that followed in 1987 were but the latest of periodic market gyrations that started with the South Sea Bubble and the Lombard Street run on commercial paper and have continued ever since.' Volatility in the financial markets would not be very important if market activity simply mirrored economic activity. Volatility would be much less important if the markets moved independently of the economy. But if we believe, as I do, that the markets and the economy are interdependent, and that their volatility is generally …

Market Share - A Tale Of Two Centuries, Aaron Twerski

Faculty Scholarship

No abstract provided.

Radiative Kaon Capture At Rest In Hydrogen, William J. Fickinger, D. K. Robinson

Faculty Scholarship

The photon spectrum from K- stopping in liquid hydrogen has been measured with a high-resolution (1.5% FWHM at 300 MeV) NaI(Tl) detector. The branching ratios for K-p→Λγ (Eγ=281.4 MeV) and K-p→Σ0γ (Eγ=219.5 MEV) were obtained. The results are RΛγ=(0.86±0.07-0.08+0.1)×10-3 and RΣ0γ=(1.44±0.20-0.10±0.12)×10-3 where the first error is statistical and the second systematic. These results are not in good agreement with published predictions or with previous Λγ measurements.

The Joint Tortfeasor Legislative Revolt: A Rational Response To The Critics, Aaron Twerski

Faculty Scholarship

No abstract provided.

The Baby Swallowed The Bathwater: A Rejoinder To Professor Wright, Aaron Twerski

Faculty Scholarship

No abstract provided.

Doctors And Lawyers And Wolves, George J. Annas

Faculty Scholarship

Relations between lawyers and physicians, and therefore between law and medicine, are getting more and more destructive and counterproductive. It used to be a joke, but it's not funny anymore. We can't afford the continuing and escalating acrimony between our professions and it's time that we take constructive steps in the public interest to deal with it.

Baseline Questions In Legal Reasoning: The Example Of Property In Jobs, Jack M. Beermann, Joseph William Singer

Faculty Scholarship

In what follows, we critique at-will employment by focusing on the baselines that underlie the analysis. Our ultimate goal is to develop persuasive arguments to move courts and businesses to provide greater job security for workers. One possible reason the courts have been so reluctant to change employment law is that judges analyze job security issues from the standpoint of a series of baselines which have the effect of creating a presumption against job security that is almost impossible to overcome. These baseline assumptions effectively place the burden of proof on advocates of job security.

Judges fail to recognize that …

Transitions And Modulated Phases In Chiral Tilted Smectic Liquid Crystals, George A. Hinshaw Jr., Rolfe G. Petschek

Faculty Scholarship

Modulated phases that occur in tilted chiral smectic liquid crystals are discussed within mean-field theory in thin films and in bulk. A chiral term in the free energy containing three order parameters and one gradient can make the free energy of certain defects negative or the bend elastic constant negative. Assuming various possible behaviors for these defect energies we find either a striped state with parallel defect walls or a lattice of hexagonal unit cells containing disclinations bounded by intersecting defect walls in films. Rather different transitions to the striped phase occur when this elastic constant is either positive or …

Conflicts Of Law (1989), Sharon N. Freytag, Don D. Bush, James Paul George

Faculty Scholarship

Conflicts of law occur when foreign elements appear in a lawsuit. Nonresident litigants, incidents in sister states or foreign countries, and lawsuits from other jurisdictions represent foreign elements that may create problems in judicial jurisdiction, choice of law, or recognition of foreign judgments, respectively. This Article reviews Texas conflicts of law during the Survey period from late 1987 through 1988. The survey includes cases from Texas state and federal courts. Excluded are cases involving federal state conflicts, criminal law, intrastate matters such as subject matter jurisdiction and venue, and conflicts in time, such as the applicability of prior or subsequent …

The Right To Forego Life-Sustaining Treatment: Legal Trends And Emerging Issues, Karen H. Rothenberg

Faculty Scholarship

No abstract provided.

The Plessy Case: A Legal-Historical Interpretation, David D. Meyer

Faculty Scholarship

No abstract provided.

Recent Approaches To The Trade Or Business Requirement Of Section 174: Unauthorized Snow Removal, Daniel S. Goldberg

Faculty Scholarship

No abstract provided.

Practical Suggestions For Practicing Lawyers, Anita Bernstein

Faculty Scholarship

No abstract provided.

Under Advisement: Attorney Fee Forfeiture And The Supreme Court, Stacy Caplow

Faculty Scholarship

No abstract provided.

Corporate Risk Management And Risk Communication In The European Community And The United States, Michael S. Baram

Faculty Scholarship

The responsibility of private firms to communicate hazard and risk information to government officials and persons at risk has emerged as one of the central features of corporate risk management in the European Community ("E.C.") and the United States ("U.S."). This function is commonly described as "risk communication."' In both the E.C. and the U.S., new legal requirements and public attitudes now promote corporate disclosure of hazard and risk information on an unprecedented scale.

Corporate risk management is a vast, complex field of activity that is largely unaddressed by commentators and unknown to the general public in both industrial societies. …