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Erratum: Linear Electroclinic Effect In A Chiral Nematic Liquid Crystal, Zili Li, Rolfe G. Petschek, Charles Rosenblatt Mar 1989

Erratum: Linear Electroclinic Effect In A Chiral Nematic Liquid Crystal, Zili Li, Rolfe G. Petschek, Charles Rosenblatt

Faculty Scholarship

[No abstract available]

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Amplifying Bose Corp. V. Consumers Union: The Proper Scope Of De Novo Appellate Review In Public Person Defamation Cases De Novo Appellate Review In Public Person Defamation Cases, Tigran W. Eldred Mar 1989

Amplifying Bose Corp. V. Consumers Union: The Proper Scope Of De Novo Appellate Review In Public Person Defamation Cases De Novo Appellate Review In Public Person Defamation Cases, Tigran W. Eldred

Faculty Scholarship

In 1984, the Supreme Court in Bose Corp. v. Consumers Union of United States, Inc.10 explicitly affirmed its longstanding practice11 of independently reviewing a trial court's actual malice determination. At issue was whether an appellate court was bound under Federal Rule of Civil Procedure 52(a)12 to defer to a trial court's finding of actual malice. The Court concluded that Rule 52(a) was inapplicable to the actual malice decision and that "[a]ppellate judges ... must exercise independent judgment and determine whether the record establishes actual malice with convincing clarity."13 The Court, in accord with New York …

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Linear Electroclinic Effect In A Chiral Nematic Liquid Crystal, Zili Li, Rolfe G. Petschek, Charles Rosenblatt Feb 1989

Linear Electroclinic Effect In A Chiral Nematic Liquid Crystal, Zili Li, Rolfe G. Petschek, Charles Rosenblatt

Faculty Scholarship

A tilt of the optic axis linear in transverse electric field was observed in a surface-stabilized chiral nematic liquid crystal. The electroclinic constant ddE was found to exhibit significant pretransitional behavior on approaching the nematic-smectic-A transition temperature from above. A simple theoretical discussion involving coupled order parameters is presented.

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The First Integration Of The University Of Maryland School Of Law, David S. Bogen Jan 1989

The First Integration Of The University Of Maryland School Of Law, David S. Bogen

Faculty Scholarship

No abstract provided.

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Divorce Reform And Gender Justice, Jana B. Singer Jan 1989

Divorce Reform And Gender Justice, Jana B. Singer

Faculty Scholarship

The modern shift from fault-based to no-fault divorce has disappointed those who expected the no-fault system to eliminate economic inequality between divorced women and men. The fact that women and their dependent children invariably experience economic hardship after a divorce has caused Lenore Weitzman and other commentators to romanticize the "good old days" of fault-based divorce. Professor Singer attacks the logic of this nostalgia by demonstrating that women were 'not[' better off under the fault-based system. She then proposes an investment partnership model of post-divorce allocation which would insure a fair result for both spouses.

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The Advent Of Zoning, Garrett Power Jan 1989

The Advent Of Zoning, Garrett Power

Faculty Scholarship

This essay looks at some of the lawyers and judges who were instrumental in the enactment and judicial approval of American zoning laws.

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Equal Protection And A Deaf Person's Right To Serve As A Juror, Randy Lee Jan 1989

Equal Protection And A Deaf Person's Right To Serve As A Juror, Randy Lee

Faculty Scholarship

No abstract provided.

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The Athletic Scholarship And The College National Letter Of Intent: A Contract By Any Other Name, Michael J. Cozzillio Jan 1989

The Athletic Scholarship And The College National Letter Of Intent: A Contract By Any Other Name, Michael J. Cozzillio

Faculty Scholarship

No abstract provided.

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Use Of Photogrammetric Techniques To Monitor Coral Reef Recovery Following A Major Ship Grounding., Dennis M. Hanisak, Stephen M. Blair, John K. Reed Jan 1989

Use Of Photogrammetric Techniques To Monitor Coral Reef Recovery Following A Major Ship Grounding., Dennis M. Hanisak, Stephen M. Blair, John K. Reed

Faculty Scholarship

Photogrammetric techniques were used in a detailed study of benthic coral reef communities following a major physical disturbance, the grounding of the freighter Wellwood on Molasses Reef, in Key Largo National Marine Sanctuary, Florida. The sessile reef communities of the Wellwood site and the adjacent unimpacted reef areas were studied with non-destructive samplings of permanently located quadrats to document the recruitment of organisms and reef recovery in the impacted area. The grounding site was rapidly colonized by an algal community that was soon dominated by a fine algal turf composed of filamentous red algae. Although algal diversity and total algal …

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A Crazy System: Mental Health Care Delivery In America, Steven R. Smith Jan 1989

A Crazy System: Mental Health Care Delivery In America, Steven R. Smith

Faculty Scholarship

The thesis of the Article is that there has been, and is, a large unmet need for mental health services in America, and that the mental health care delivery system has been so poorly put together that it is incapable of meeting a major portion of the need for services.

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French Copyright Law: A Comparative Overview, Jane C. Ginsburg Jan 1989

French Copyright Law: A Comparative Overview, Jane C. Ginsburg

Faculty Scholarship

French copyright law has attracted considerable recent attention in the United States. Debate over the nature and scope of legislation permitting U.S. entry into the Berne Union for the Protection of Literary and Artistic Works spurred some of this interest: because France was a founding member of that Union, some participants in the Berne adherence process perceived "Berne level" copyright protection to be synonymous with "French" copyright protection. As Congress continues to consider modifications to the U.S. copyright law, particularly in the area of moral rights, France again supplies a leading example. And the on-going litigation in France concerning the …

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The Future And The First Amendment, Lee C. Bollinger Jan 1989

The Future And The First Amendment, Lee C. Bollinger

Faculty Scholarship

It is my honor and pleasure to deliver this year's Sullivan Lecture. I have an especially warm feeling toward this Law School. Two years ago, at the invitation of your Professor Distelhorst, I participated in the Capital Law School program for teaching American law to Japanese lawyers. For five stimulating weeks I enjoyed the intellectual and social company· of Japanese attorneys, while teaching them the outlines of American constitutional law. Twice a week, in the evening, for three continuous hours, and after a full work day, these dedicated lawyers would willingly become students again and suffer patiently through my highly …

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A House Divided Against Itself: A Comment On "Mastery, Slavery, And Emancipation", Kendall Thomas Jan 1989

A House Divided Against Itself: A Comment On "Mastery, Slavery, And Emancipation", Kendall Thomas

Faculty Scholarship

Hegel argues in the preface to the Philosophy of Right that "every individual is a child of his time; so philosophy too is its own time apprehended in thoughts." "It is just as absurd," he maintains, "to fancy [the German word is einbilden: imagine, presume] that a philosophy can transcend its contemporary world as it is to fancy that an individual can overleap his own age, jump over Rhodes." This is a hard saying. It suggests that " '[t]here is not one of our ideas or one of our reflexions which does not carry a date.' " The fact that …

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Demarginalizing The Intersection Of Race And Sex: A Black Feminist Critique Of Antidiscrimination Doctrine, Feminist Theory And Antiracist Politics, Kimberlé W. Crenshaw Jan 1989

Demarginalizing The Intersection Of Race And Sex: A Black Feminist Critique Of Antidiscrimination Doctrine, Feminist Theory And Antiracist Politics, Kimberlé W. Crenshaw

Faculty Scholarship

One of the very few Black women's studies books is entitled All the Women Are White; All the Blacks Are Men, But Some of Us are Brave. I have chosen this title as a point of departure in my efforts to develop a Black feminist criticism because it sets forth a problematic consequence of the tendency to treat race and gender as mutually exclusive categories of experience and analysis. In this talk, I want to examine how this tendency is perpetuated by a single-axis framework that is dominant in antidiscrimination law and that is also reflected in feminist theory and …

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The Single European Act: A Constitution For The Community?, George A. Bermann Jan 1989

The Single European Act: A Constitution For The Community?, George A. Bermann

Faculty Scholarship

If proof were needed that the European Economic Community is still the product of a careful tempering of integrationist impulses with preoccupations of national sovereignty, the recently ratified Single European Act (Single Act or Act) amply supplies it. Although the Single Act represents the most comprehensive revision to date of the Treaty of Rome (EEC Treaty), which established the European Economic Community (European Community or Community), it also reflects the continuing vitality of the view that functional change within the Community takes priority in time over structural and institutional reform. Rather than place European integration on a new set of …

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Seasoned To The Use, Carol Sanger Jan 1989

Seasoned To The Use, Carol Sanger

Faculty Scholarship

Two recent novels, Presumed Innocent and The Good Mother, have more in common than critical success, longevity on best-seller lists and big-name movie adaptations. Both books are about law: Presumed Innocent is a tale of murder in the big city; The Good Mother is the story of a custody fight over a little girl. Central characters in both books are lawyers. Turow is a lawyer, and Miller thanks lawyers. While the books could be classified in other ways – Presumed Innocent as mystery, The Good Mother as women's fiction – each meets a suggested genre specification of a legal novel: …

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Autopsy Of A Murder: Using Simulation To Teach First Year Criminal Law, Stacy Caplow Jan 1989

Autopsy Of A Murder: Using Simulation To Teach First Year Criminal Law, Stacy Caplow

Faculty Scholarship

No abstract provided.

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Bias Crimes: Unconscious Racism In The Prosecution Of Racially Motivated Violence, Tanya K. Hernandez Jan 1989

Bias Crimes: Unconscious Racism In The Prosecution Of Racially Motivated Violence, Tanya K. Hernandez

Faculty Scholarship

Within the past four years, a perceived surge of "bias crimes" has seized the nation's attention. Bias crimes, physical acts of violence used as an outlet for prejudiced hostilities, are usually street crimes spontaneously committed by casual clusters of "normal people on the street" with very little advanced planning. This Note focuses on the physical injuries to persons that result from bias crimes. Such physical injuries represent cog- nizable harms that can be redressed through criminal statutes.'

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Legal Policy Conflicts In International Banking, William W. Park Jan 1989

Legal Policy Conflicts In International Banking, William W. Park

Faculty Scholarship

The world debt crisis might never have occupied the front pages of our newspapers during much of the past decade if more attention had been paid to the advice old Polonius gave to young Laertes. More than one Secretary of the Treasury has tried to control a multibillion dollar problem of money addiction, whose resolution sometimes seems to lie in the realm of financial eschatology.

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An Inquiry Into The Merits Of Copyright: The Challenges Of Consistency, Consent And Encouragement Theory, Wendy J. Gordon Jan 1989

An Inquiry Into The Merits Of Copyright: The Challenges Of Consistency, Consent And Encouragement Theory, Wendy J. Gordon

Faculty Scholarship

Hostility to copyright has a long and honorable history. In the nineteenth century, for example, Lord Macaulay argued that while copyright might be necessary to ensure a "supply of good books," the monopoly that it imposed was at best a necessary evil.

"For the sake of the good we must submit to the evil; but the evil ought
not to last a day longer than is necessary for the purpose of securing the good."

A number of studies critical of intellectual property followed in our century. The most well known is probably the economically oriented 1970 study by Stephen Breyer …

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Faith (Healing), Hope And Charity At The Fda: The Politics Of Aids Drug Trials, George J. Annas Jan 1989

Faith (Healing), Hope And Charity At The Fda: The Politics Of Aids Drug Trials, George J. Annas

Faculty Scholarship

AIDS forces us to confront our mortality, the limits of modern medicine and the contours of our compassion. How we respond is a measure of our society and a reflection of our values and priorities. As a fundamentally death-denying society, our response has been hampered by denial and shaped by faith that a technological fix will make the AIDS epidemic go away. Technology is our new religion, our "modern" way to deal with death. As novelist Don DeLillo has one of his characters put it to another who is worried about death: you can deny it, you can put your …

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Bracton, The Year Books, And The "Transformation Of Elementary Legal Ideas" In The Early Common Law, David J. Seipp Jan 1989

Bracton, The Year Books, And The "Transformation Of Elementary Legal Ideas" In The Early Common Law, David J. Seipp

Faculty Scholarship

The language of the common law has a life and a logic of its own, resilient through eight centuries of unceasing talk. Basic terms of the lawyer's specialized vocabulary, elementary conceptual distinctions, and modes of argument, which all go to make “thinking like a lawyer” possible, have proved remarkably durable in the literature of the common law. Two fundamental distinctions—between “real” and “personal” actions and between “possessory” and “proprietary” remedies—can be traced back to their early use in treatises of the first generations of professional common law judges and in reports of courtroom dialogue from the first generations of professional …

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Efficient Remedies For Breach Of Warranty, Kenneth Chapman, Michael J. Meurer Jan 1989

Efficient Remedies For Breach Of Warranty, Kenneth Chapman, Michael J. Meurer

Faculty Scholarship

This article attempts to suggest valuable refinements and extensions of the economic theory of warranty by explicitly considering the choice of remedies for breach of warranty in conjunction with the choice of warranty protection itself. In particular, it offers explanations for the prevalence of replacement terms rather than refund terms in warranties. Economists studying the general issue of breach of contract have noted that the choice of remedy has important implications for risk sharing, renegotiation, transaction-specific investment, and the incentive to breach.5 This article derives much of its insight from the recognition that work on the economics of contract breach …

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Aids, Astrology, And Arline: Towards A Casual Interpretation Of Section 504, Gary S. Lawson Jan 1989

Aids, Astrology, And Arline: Towards A Casual Interpretation Of Section 504, Gary S. Lawson

Faculty Scholarship

Section 504 of the Rehabilitation Act of 1973 provides that "[n]o otherwise qualified individual with handicaps shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under [any federal or federally funded program]."' In School Board v. Arline, the Supreme Court held that a school teacher with a history of infectious tuberculosis was an "individual with handicaps" protected by section 504, and that the determination of whether she was "otherwise qualified" to teach elementary school required a sound medical assessment of the risks of contagion posed by …

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Aids, Astrology, And Arline: Towards A Causal Interpretation Of Section 504, Gary S. Lawson Jan 1989

Aids, Astrology, And Arline: Towards A Causal Interpretation Of Section 504, Gary S. Lawson

Faculty Scholarship

Section 504 of the Rehabilitation Act of 1973 provides that ‘[n]o otherwise qualified individual with handicaps shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under [any federal or federally funded program].’1 In School Board v. Arline,2 the Supreme Court held that a school teacher with a history of infectious tuberculosis was an ‘individual with handicaps' protected by section 504,3 and that the determination of whether she was ‘otherwise qualified’ to teach elementary school required a sound medical assessment of the risks …

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Free Speech Justifications, Kent Greenawalt Jan 1989

Free Speech Justifications, Kent Greenawalt

Faculty Scholarship

This Article sets out what I believe are the relevant justifications for free speech, the term "free speech" being meant to cover both freedom of speech and freedom of the press. These are the justifications one might use to assess whether communications fall within a political or judicial principle of free speech and how great the protection of the communications that are covered should be. Such assessments are undertaken in a longer study that is mainly about the ways in which different uses of language affect the application of principles of freedom of speech to the criminalization of behavior. That …

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"Willfulness" And "Ignorance" In Federal Criminal Law, Michael E. Tigar Jan 1989

"Willfulness" And "Ignorance" In Federal Criminal Law, Michael E. Tigar

Faculty Scholarship

No abstract provided.

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Privacy And The Regulation Of The New Reproductive Technologies: A Decision-Making Approach, Antoinette M. Sedillo Lopez Jan 1989

Privacy And The Regulation Of The New Reproductive Technologies: A Decision-Making Approach, Antoinette M. Sedillo Lopez

Faculty Scholarship

This article maps out the territory that must be explored in this very complex area and analyzes the implications of governmental regulation of the new reproductive technology. It suggests that the central issue for analysis is the extent to which authority to make decisions concerning reproductive potential should be allocated to individuals rather than to the government. The article describes approaches to allocating decision-making authority with respect to procreative issues. The first is a rights-based approach which emphasizes individual autonomy; this approach will not permit governmental regulation which interferes with personal autonomy in decision making, at least without good reason. …

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Admitted But Not Accepted Outsiders Take An Inside Look At Law School, Lois Schwartz, Suzanne Homer Jan 1989

Admitted But Not Accepted Outsiders Take An Inside Look At Law School, Lois Schwartz, Suzanne Homer

Faculty Scholarship

No abstract provided.

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Static And Dynamic Scaling Relationships In The Light Scattering Properties Of Polystyrenes In Good Solvents, Mamta Bhatt, Alexander M. Jamieson, Rolfe G. Petschek Jan 1989

Static And Dynamic Scaling Relationships In The Light Scattering Properties Of Polystyrenes In Good Solvents, Mamta Bhatt, Alexander M. Jamieson, Rolfe G. Petschek

Faculty Scholarship

Static light scattering measurements are reported on narrow molecular weight distribution polystyrenes (Mw = 3.84 × 106) in the four good solvents, ethylbenzene, benzene, toluene, and tetrahydrofuran at 25°C. These data are plotted in a "scaling" form to directly compare the equilibrium structure factor of identical polystyrene samples in the different solvent systems. The results in tetrahydrofuran are clearly distinct from those in the aromatic solvents and apparently suggest that THF is a thermodynamically better solvent. These distinctions between our results for identical, high molecular weight polymer samples in different good solvents demonstrate that these molecular weights are not high …

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