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Articles 8011 - 8040 of 8528
Full-Text Articles in Entire DC Network
Blue-Sky Merit Regulation: Benefit To Investors Or Burden On Commerce, Roberta S. Karmel
Blue-Sky Merit Regulation: Benefit To Investors Or Burden On Commerce, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
Critical Legal Studies: The Death Of Transcendence And The Rise Of The New Langdells, Joan C. Williams
Critical Legal Studies: The Death Of Transcendence And The Rise Of The New Langdells, Joan C. Williams
Faculty Scholarship
No abstract provided.
Death And The Magic Machine: Informed Consent To The Artificial Heart, George J. Annas
Death And The Magic Machine: Informed Consent To The Artificial Heart, George J. Annas
Faculty Scholarship
Jay Katz introduces his remarkable and insightful book, The Silent World of Doctor and Patient, by recounting a portion of Solzhenitsyn's Cancer Ward. He describes an encounter between a patient, Oleg Kostoglotov, and his doctor, Dr. Ludmilla Afanasyevna. The doctor wanted to use experimental hormone treatment, but the patient refused. Katz argues that what made conversation impossible between them was the patient's undisclosed intention of leaving the hospital to treat himself with "a secret medicine, a mandrake root from Issyk Kul." He could not trust the doctor with this information because the doctor would make the decision for the patient …
The Impact Of Medical Technology On The Pregnant Woman's Right To Privacy, George J. Annas
The Impact Of Medical Technology On The Pregnant Woman's Right To Privacy, George J. Annas
Faculty Scholarship
In the context of the bicentennial of the Constitution and science's relationship to society, it has been argued that "the advance of science and technology in the West has changed not only the relation of man to nature but of man to man."' This seemingly immodest statement may soon prove an understatement. In the arena of human reproduction, the marriage of science and technology in medicine may change not only the relationship of man to nature and man to man, but more significantly, the very concept of what it means to be human. This, in turn, will directly affect how …
The Nuclear Regulatory Commission's Regulation Of Radiation Hazards In The Workplace: Present Problems And New Approaches To Reproductive Health, Neal Smith, Michael S. Baram
The Nuclear Regulatory Commission's Regulation Of Radiation Hazards In The Workplace: Present Problems And New Approaches To Reproductive Health, Neal Smith, Michael S. Baram
Faculty Scholarship
On December 20, 1985, the Nuclear Regulatory Commission (NRC) proposed revisions to its Standards for Protection Against Radiation [hereinafter Standards].1 If adopted, the new Standards will provide additional protection for millions of workers and their unborn children. The effects of the Standards will extend, however, far beyond the health of those exposed to radiation. Specifically, the NRC's proposal may provide a new paradigm for regulating health hazards that have no safe threshold level of exposure. It will also focus debate on whether or not women should be precluded from working in fetotoxic environments
The Inapplicability Of Market Theory To Adoptions, Tamar Frankel, Francis H. Miller
The Inapplicability Of Market Theory To Adoptions, Tamar Frankel, Francis H. Miller
Faculty Scholarship
Judge Posner addresses an important issue. More than 130,000 couples in this country want to adopt children, and plenty are available. But most couples want healthy, white infants, and those children are in short supply. To get the child of their choice, these couples are forced to pay large sums of money to intermediaries. On the other hand, many unwed, teenage women face unwanted pregnancies. Many of them opt for abortion, which is relatively inexpensive, or for carrying to term and raising the children themselves, which is governmentally subsidized. But few of these women choose to have the child and …
Rico: The Crime Of Being A Criminal Parts Iii And Iv, Gerard E. Lynch
Rico: The Crime Of Being A Criminal Parts Iii And Iv, Gerard E. Lynch
Faculty Scholarship
In the first portion of this study, we saw that the Supreme Court in its 1981 Turkette decision endorsed what was already the consensus view of the courts of appeals that a group of individuals associated in fact to pursue entirely illegitimate purposes could constitute a RICO enterprise. Prosecutions of such associations have quickly become the leading use of the statute. It can be reliably estimated that more than forty percent of the reported appellate cases involving RICO indictments concern prosecutions in which the alleged enterprise was such an illicit association. When the cases are classified by the nature of …
The Impact Of Fraudulent Conveyance Law On Future Advances Supported By Upstream Guaranties And Security Interests, Steven L. Schwarcz
The Impact Of Fraudulent Conveyance Law On Future Advances Supported By Upstream Guaranties And Security Interests, Steven L. Schwarcz
Faculty Scholarship
No abstract provided.
Child Welfare Decisionmaking: In Search Of The Least Drastic Alternative, Marsha Garrison
Child Welfare Decisionmaking: In Search Of The Least Drastic Alternative, Marsha Garrison
Faculty Scholarship
No abstract provided.
Exceptions To The Clearly Erroneous Test After The Recent Amending Of Rule 52(A) For The Review Of Findings Of Fact Based Upon Documentary Evidence, David I. Levine, Hillary J. Salans
Exceptions To The Clearly Erroneous Test After The Recent Amending Of Rule 52(A) For The Review Of Findings Of Fact Based Upon Documentary Evidence, David I. Levine, Hillary J. Salans
Faculty Scholarship
No abstract provided.
Overprotecting The Consumer? Section 2-607(3)(A) Notice Of Breach In Nonprivity Contexts, H.G. Prince
Overprotecting The Consumer? Section 2-607(3)(A) Notice Of Breach In Nonprivity Contexts, H.G. Prince
Faculty Scholarship
No abstract provided.
Masking Copyright Decisionmaking: The Meaninglessness Of Substantial Similarity, Amy B. Cohen
Masking Copyright Decisionmaking: The Meaninglessness Of Substantial Similarity, Amy B. Cohen
Faculty Scholarship
Traditionally courts have place great weight on the issue of substantial similarity in adjudicating copyright infringement lawsuits. Once success is proven, a court will usually find infringement if the works are viscerally determined to be substantially similar. This Article criticizes the traditional approach as failing adequately to distinguish copying from misappropriation, failing adequately to distinguish ideas from expression, failing to provide adequate guidelines for determining misappropriation, and as overlapping with fair use determinations. The Article also criticizes variations on the traditional approach imposed by the Third and Ninth Circuit Courts of Appeal as not remedying the traditional approach's fundamental shortcomings. …
Parametric Equation Of State For The N-Vector Model And Polymers, Rolfe G. Petschek
Parametric Equation Of State For The N-Vector Model And Polymers, Rolfe G. Petschek
Faculty Scholarship
We introduce a new parametric form for the scaling equation of state of the n-vector model of magnetism correct to first order in μ=4-d. It is based on the equation of state of Schaaumlfer and Horner in a general parametric form proposed earlier by Schofield, Litster, and Ho. We integrate it to obtain the scaling part of the free energy F(T,H) of the n-vector model, correct to order μ, for general n. We use it to discuss the behavior of polymer solutions and equilibrium polymerization. This equation of state of the n0, T
Blue-Sky Merit Regulation: Benefit To Investors Or Burden On Commerce?, Roberta S. Karmel
Blue-Sky Merit Regulation: Benefit To Investors Or Burden On Commerce?, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
Bounds And Beyond: A Need To Reevaluate The Right Of Prison Access To The Courts, Steven D. Hinckley
Bounds And Beyond: A Need To Reevaluate The Right Of Prison Access To The Courts, Steven D. Hinckley
Faculty Scholarship
The author argues that the 1977 United States Supreme Court decision in Bounds v. Smith insufficiently protects the right of prisoners to represent themselves before the courts by failing to require state and federal correctional facilities to establish and maintain adequately stocked prison law libraries and to provide prisoners with the option to use those libraries as their means of gaining meaningful access to the courts.
Conflict And Cooperation In Long-Term Contracts, Robert E. Scott
Conflict And Cooperation In Long-Term Contracts, Robert E. Scott
Faculty Scholarship
This Article uses the techniques of modern decision analysis and game theory to analyze the decisionmaking strategies of parties to long-term commercial contracts. Most parties to long-term contracts initially allocate the risks of future contingencies and agree – either explicitly or implicitly – to adjust this initial risk-allocation scheme if unanticipated events occur. Once contract risks are initially distributed, however, each party's self-interest may compel them to evade their responsibility rather than adjust cooperatively as originally agreed. Visualizing the interactions between contracting parties as an iterated prisoner's dilemma, the Author attempts to clarify the dynamics of this adjustment process. Professor …
Democracy, Autonomy, And Values: Some Thoughts On Religion And Law In Modern America, Frederick Mark Gedicks, Roger Hendrix
Democracy, Autonomy, And Values: Some Thoughts On Religion And Law In Modern America, Frederick Mark Gedicks, Roger Hendrix
Faculty Scholarship
No abstract provided.
Bargaining In The Shadow Of Eminent Domain: Valuing And Apportioning Condemnation Awards Between Landlord And Tenant, Victor P. Goldberg, Thomas W. Merrill, Daniel Unumb
Bargaining In The Shadow Of Eminent Domain: Valuing And Apportioning Condemnation Awards Between Landlord And Tenant, Victor P. Goldberg, Thomas W. Merrill, Daniel Unumb
Faculty Scholarship
Who has a constitutionally protected "property" interest when the government condemns land subject to a lease? Is it the landlord? The tenant? Or do both parties have property rights that entitle them to compensation? Further, how should the size of the total condemnation award be determined? Should we value the property rights of the landlord and the tenant separately and sum? Or should we value the entire parcel as if it were an undivided fee simple and apportion the award between the landlord and the tenant? If the condemnation award is based on the value of a fee simple and …
Social Theory And Political Practice: Unger's Brazilian Journalism, William H. Simon
Social Theory And Political Practice: Unger's Brazilian Journalism, William H. Simon
Faculty Scholarship
Roberto Mangabeira Unger is a citizen of Brazil. While working on Politics, his large-scale treatise on social theory, he has been active in his country's politics. Among the fruits of these activities is a series of political and programmatic commentaries on Brazil published in the Brazilian press. The commentaries apply the style of political analysis and the general political program elaborated in Politics to the recent circumstances of Brazil. Thus, they give an extended illustration of Unger's general social theory. At the same time, they exemplify a form of political writing that attempts to combine ambitious critical social theory …
Formal And Functional Approaches To Separation-Of-Powers Questions – A Foolish Inconsistency?, Peter L. Strauss
Formal And Functional Approaches To Separation-Of-Powers Questions – A Foolish Inconsistency?, Peter L. Strauss
Faculty Scholarship
Is it possible to give contemporary shape to the principles of constitutional structure we know as "separation of powers"? That question was sharply presented once again on the final day of the Supreme Court's most recent Term, when it decided two cases raising separation-of-powers issues. In Bowsher v. Synar, the subject of this symposium, the Court found constitutional fault in Congress's asserted expansion of its own powers at the expense of the President's article II authority. Commodity Future Trading Commission v. Schor, far less widely noted, upheld against constitutional challenge Congress's assignment to an administrative adjudicator of the …
Contributions Of Victimization To Delinquency In Inner Cities, Jeffery Fagan, Elizabeth S. Piper, Yu-Teh Cheng
Contributions Of Victimization To Delinquency In Inner Cities, Jeffery Fagan, Elizabeth S. Piper, Yu-Teh Cheng
Faculty Scholarship
The relationship between victimization and criminality has been widely cited in recent years. Early thinking and public perceptions about crime intuitively presumed that criminals were distinct from their victims. Crime control policies resulted which promoted the physical separation of victims from predatory offenders through "target hardening" and "defensible space." Such distinctions, however, ignored the empirical evidence on the considerable overlap between offender and victim profiles and distorted the reality of events in which persons are labelled as victims or victimizers based only on the consequences of the event. Given the homogeneous relation between victim and offender, theories of crime that …
The Regulation Of Entrepreneurial Litigation: Balancing Fairness And Efficiency In The Large Class Action, John C. Coffee Jr.
The Regulation Of Entrepreneurial Litigation: Balancing Fairness And Efficiency In The Large Class Action, John C. Coffee Jr.
Faculty Scholarship
Just as war is too important to be left to generals, civil procedure – with apologies to Clemenceau – is too important to be left to proceduralists. Although it would be a serious overstatement to claim that all civil procedure scholars are confined by a tunnel vision focused only on the Federal Rules of Civil Procedure, they have as a group been reluctant to engage explicitly in incentive-based reasoning and seem particularly hesitant to reexamine what they must know to be a noble myth: namely, that the client can and should control all litigation decisions. Within an important and expanding …
The Teaching Function Of The First Amendment, Vincent A. Blasi
The Teaching Function Of The First Amendment, Vincent A. Blasi
Faculty Scholarship
In this important book, Professor Bollinger seeks to understand and remedy the inadequacy he perceives in the way our legal culture deals with extremist speech. He argues that the high level of protection the first amendment has been construed to require serves a social function that has not been fully recognized or carefully evaluated. His thesis is that the contemporary social function of the idea of freedom of speech is to help the society develop a general capacity for tolerance, a capacity that determines how we respond to many forms of conduct as well as speech. Once this function is …
Law And Morality: A Kantian Perspective, George P. Fletcher
Law And Morality: A Kantian Perspective, George P. Fletcher
Faculty Scholarship
The relationship between law and morality has emerged as the central question in the jurisprudential reflection of our time. Those who call themselves positivists hold with H.L.A. Hart that calling a statute or a judicial decision "law" need not carry any implications about the morality of that statute or decision. Valid laws might be immoral or unjust. Those who resist this reduction of law to valid enactments sometimes argue, with Lon Fuller, that moral acceptability is a necessary condition for holding that a statute is law; or, with Ronald Dworkin, that moral principles supplement valid enactments as components of the …
Introduction To Rico, Joseph Sweeney
The Molluscan Community Associated With The Scleractinian Coral Oculina Varicosa., John K. Reed, Paula M. Mikkelsen
The Molluscan Community Associated With The Scleractinian Coral Oculina Varicosa., John K. Reed, Paula M. Mikkelsen
Faculty Scholarship
The molluscan community associated with the scleractinian coral Oculina varicosa is compared among four reef sites: inner shelf (6 m), midshelf (27 m), outer shelf (42 m), and shelf edge (80 m). Enumeration ofall the mollusks from 41 coral samples yielded 5,132 individuals and 230 species-level taxa, including 155 gastropods, 68 bivalves, I scaphopod, 5 polyplacophorans, and I cephalopod. Of these taxa, approximately 47% were free living (motile), 32% symbiotic (parasitic or commensal), 18% epilithic (fouling), and 3% endolithic (boring). The species assemblage at the 80-m reef was very distinct from that at 6 m. Approximately 75% of the individuals …
The Universal And The Particular In Legal Discourses, George P. Fletcher
The Universal And The Particular In Legal Discourses, George P. Fletcher
Faculty Scholarship
My target in this article is a set of views that I shall call the functionalist perspective of comparative law. Of course, the word "functionalist" stands for a number of different theories. In order to be precise about the view that I oppose, I shall set my sights on the arguments developed in Otto Kahn-Freund's inaugural lecture Comparative Law as an Academic Subject, published two decades ago.
Legal Fiction, James Boyle
Aids Law: Impact Of Aids On American Schools And Prisons, The , Elizabeth B. Cooper
Aids Law: Impact Of Aids On American Schools And Prisons, The , Elizabeth B. Cooper
Faculty Scholarship
The American public largely has responded with fear and hostility rather than with knowledge and compassion to the presence of Acquired Immune Deficiency Syndrome ("AIDS") in society. Although our reactions are changing as we learn more about the syndrome and its causitive virus, some people continue to characterize AIDS as a well-deserved punishment of those groups most often afflicted with AIDS: gay men and intravenous drug users. Many people also persist in their erroneous beliefs that AIDS can be spread through casual contact. Although much remains to be learned about AIDS, there already exists an abundance of information upon which …
Gray Market Goods: A Lighter Shade Of Black Symposium: The Controversy Over The Importation Of Gray Market Goods: Is A Resolution Forthcoming, Hugh C. Hansen
Gray Market Goods: A Lighter Shade Of Black Symposium: The Controversy Over The Importation Of Gray Market Goods: Is A Resolution Forthcoming, Hugh C. Hansen
Faculty Scholarship
If a street vendor offers a famous brand-name product for a substantially lower price than one would expect, the average consumer's initial reaction might be that the product had been stolen or was "hot" - a product of the black market. While such discounted goods might indeed be stolen, sophisticated consumers have come to expect similar discounts in stores and mail-order houses throughout the country on goods not from the black market but rather from the "gray market." These products, naturally enough, are called "gray market goods" or simply "gray goods." Gray goods are brand-name products manufactured abroad which bear …