Digital Commons Network^™

From Confidential Supervision To Market Discipline: The Role Of Disclosure In The Regulation Of Commercial Banks, Alfred Dennis Mathewson

Faculty Scholarship

This Article examines traditional regulatory discipline, the development of a legal basis for confidential supervision, the role of the SEC and federal securities laws in the development of a public disclosure system for banks and bank holding companies, and the utilization of public disclosure to achieve market discipline as a major tool in preventing bank failure and maintaining the stability of the banking system. The scope of this Article is limited to the regulation of commercial banks, whether state or federally chartered, by the following federal bank regulatory agencies: the Office of the Comptroller of the Currency (Comptroller), the Federal …

The Revival Of Fact Pleading Under The Federal Rules Of Civil Procedure, Richard L. Marcus

Faculty Scholarship

No abstract provided.

The Joys Of Law Library Management Are Without Number, Jenni Parrish

Faculty Scholarship

No abstract provided.

Static And Dynamic Properties Of Polystyrene In Good Solvents: Ethylbenzene And Tetrahydrofuran, K. Venkataswamy, Alexander M. Jamieson, Rolfe G. Petschek

Faculty Scholarship

We report static and dynamic light scattering studies of polystyrenes of narrow molecular weight distribution in ethylbenzene (EtPh) and tetrahydrofuran (THF) as solvents. These experiments generate values for z-average radius of gyration, (Rg)₂, weight-average second osmotic virial coefficient, A₂, z-average translational diffusion coefficients, (Dt)z, and hence the diffusion virial coefficients, kD, and the z-average of the inverse frictional radius, 〈Rf-1〉z. The results show that while for a specific molecular weight the 〈Rg〉z values in THF are similar to our experimental values in ethylbenzene and to literature values in benzene or toluene, the A2 values, as well as hydrodynamic radii, are …

Natural Law And Political Choice: The General Justification Defense – Criteria For Political Action And The Duty To Obey The Law, Kent Greenawalt

Faculty Scholarship

During most of this century, a distinct separation has existed between natural law perspectives and perspectives about the nature of law and about social choices that have dominated American law schools. One could find elaborations of natural law in Catholic law schools and periodicals, but these expressions exercised little influence on the mainstreams of legal thought. In the last two decades, non-Catholics have grown to realize that they have much to learn from natural law approaches, and natural lawyers have tried to enhance their own understandings by references to other perspectives. I am emboldened to proceed by my strong belief …

Banning The Bomb: Law And Its Limits, Lori Fisler Damrosch

Faculty Scholarship

We can all agree with the contributors to this volume that nuclear weapons present the threat of unimaginable devastation that could bring an end to civilization and even to life on this planet. The grim calculations and stark images come back again and again, but they cannot be repeated too often: over 50,000 weapons in the United States and Soviet arsenals, each with a destructive force dwarfing the explosions at Hiroshima and Nagasaki; radiation effects producing indescribable suffering and death; environmental damage that defies quantification or prediction; the specter of nuclear winter rendering the earth uninhabitable. No rational being can …

Non-Determinative Discrimination, Mixed Motives, And The Inner Boundary Of Discrimination Law, Sam Stonefield

Faculty Scholarship

This Article describes a form of discrimination – called non-determinative discrimination – that involves types of conduct that are not covered by current doctrine but that should be protected in order to serve the purposes of the laws against discrimination. It addresses the issue of mixed-motive discrimination and anticipates (and provides a framework for) the hostile environment claims of the 1990s.

A Consideration Of Alternatives To Divorce Litigation, Thomas E. Carbonneau

Faculty Scholarship

This article argues for the need to inform divorce proceedings with a sense of the human reality of matrimonial breakdown. Part one assesses the adequacy of the existing adjudicatory approach to divorce by focusing upon the hiatus between the legal approach to divorce and the emotional content of divorce disputes. Part two lays the foundation for constructive change, providing a statistical portrait of divorce in contemporary America. Part four discusses mediation and suggests that it is a more viable alternative mechanism to divorce litigation. Part five discusses the implementation of a judicial arbitration structure.

The Battered Woman Syndrome And Self-Defense: A Legal And Empirical Dissent, David L. Faigman

Faculty Scholarship

No abstract provided.

Crime Talk, Rights Talk, And Double-Talk: Thoughts On Reading Encyclopedia Of Crime And Justice (Review Essay), Michael E. Tigar

Faculty Scholarship

No abstract provided.

Religiously Based Premises And Laws Restrictive Of Liberty, Kent Greenawalt

Faculty Scholarship

My subject concerns the connection between religious premises and political decisions that restrict people's liberty. This topic has implications for the constitutionality of laws adopted on religious grounds, and I sketch the most important of these implications at the conclusion of this article. My main focus, however, is the proper attitudes of citizens and legislators in our liberal democracy, and, in particular, whether they should rest their judgments on religious premises. In addressing this issue, I concentrate on the responsibilities of citizens and on laws restricting consenting sexual acts and abortions. My main burden is to illustrate two radically different …

Economics Of Public Use, Thomas W. Merrill

Faculty Scholarship

The fifth amendment to the United States Constitution, as well as most state constitutions, provides that private property shall not be taken "for public use" unless just compensation is paid. American courts have long construed this to mean that some showing of "publicness" is a condition precedent to a legitimate exercise of the power of eminent domain. Thus, when a proposed condemnation of property lacks the appropriate public quality, the taking is deemed to be unconstitutional and can be enjoined. In practice, however, most observers today think the public use limitation is a dead letter. Three recent decisions, upholding takings …

The Struggle For Judicial Independence In Antebellum North Carolina: The Story Of Two Judges, Walter F. Pratt Jr.

Faculty Scholarship

No abstract provided.

Victim, Offender, And Situational Characteristics Of Violent Crime, Deborah W. Denno

Faculty Scholarship

The examination of offenses rather than offenders in past research often overlooked the importance of offender characteristics and background. Indeed, a growing body of research suggests that the biological or psychological characteristics of offenders may strongly influence the outcome of particular encounters or future offense behavior. For instance, offenders with poor verbal ability or low school achievement scores may be more prone to repeat confrontational violence, irrespective of the characteristics of the victim or the situation of the offense. Thus, it is important to distinguish between those offenders with short or repeat offense histories, and those offenses which do or …

An Unconstitutional Fiction: The Felony-Murder Rule As Applied To The Supply Of Drugs, Lynne H. Rambo

Faculty Scholarship

James Wong and Kent Louie were looking for a good time in Chinatown, and around nine o'clock they got lucky. Two young women agreed to join them. The women, however, wanted some heroin first, so they gave their new companions money and asked them to purchase the drug. After the men obliged, both women injected themselves, and everyone proceeded to a hotel. The next morning, only one of the women woke up. James and Kent, it turned out, had really not been lucky at all; both were tried, convicted and sentenced for felony-murder.

Although the men probably did not know …

Semiflexible Self-Avoiding Polymers: Low-Temperature Expansions For Models, Rolfe G. Petschek

Faculty Scholarship

Two models for dense, overlapping systems of semiflexible self-avoiding chain polymers in two dimensions are discussed. A method is presented for obtaining their equilibrium thermodynamic properties as an expansion around the low-temperature (stiff-polymer) limit. The first two nontrivial terms in this expansion are given.

Comment On "Pyroelectric Materials As Electronic Pulse Detectors Of Ultraheavy Nuclei", R. Al-Jishi, L. L. Foldy, Rolfe G. Petschek, P. L. Taylor

Faculty Scholarship

[No abstract available]

Crossover From The O(2) To O(1) Universality Class In Equilibrium Polymerization, Rolfe G. Petschek

Faculty Scholarship

Equilibrium polymerization systems in which directed rings are formed correspond to O(2) vector models of magnetism and ones in which undirected rings form correspond to O(1) models. In this paper it is shown that a system in which polymers tend to form directed rings but there is a finite free energy for misdirected bonds corresponds to an O(2) model with a uniaxial anisotropy which causes it to crossover to an O(1) model.

Measurement Of The Real-To-Imaginary Ratio Of The P̅ P Forward-Scattering Amplitudes, R. Debbe, William J. Fickinger, R. Marino, D. K. Robinson

Faculty Scholarship

We have measured the ratio of the real to the imaginary parts of the pÌ… p forward-scattering amplitude in the incident-momentum range 360 to 650 MeV/c. These results are in good agreement with predictions of the Paris nucleon-antinucleon potential model which include spin-flip effects.

Exhaustion Of Administrative Remedies: The Lesson From Environmental Cases, Marcia R. Gelpe

Faculty Scholarship

The law governing exhaustion of administrative remedies is complex and confusing and fosters needless litigation: litigation that is burdensome to the courts and costly to defendants, that adversely affects agency decision making and that by its very existence, wrongly influences courts to dispense with the exhaustion requirement. Exhaustion remains troublesome to the courts; many of the decisions are confusing and poorly reasoned. A reexamination of the exhaustion doctrine is called for, not only to indicate how the cases should be decided, but also to clarify the issues sufficiently to guide parties' behavior so that they may avoid litigation over exhaustion's …

Executive Targeting Of Congressmen As A Violation Of The Arrest Clause, Anita Bernstein

Faculty Scholarship

No abstract provided.

Property Rules, Liability Rules, And Adverse Possession, Thomas W. Merrill

Faculty Scholarship

The law of adverse possession tends to be regarded as a quiet backwater. Both judicial opinions and leading treatises treat the legal doctrine as settled. The theory underlying the doctrine, although routinely discussed in the opening weeks of first-year property courses, is only rarely aired in the law reviews any more. Indeed, the most frequently cited articles on adverse possession date from the 1930s and earlier. Perhaps most tellingly, adverse possession seems to have completely escaped the attention of the modem law and economics movement – almost a sure sign of obscurity in today's legal-academic world.

Nevertheless, two recent events …

Paradoxes In Legal Thought, George P. Fletcher

Faculty Scholarship

Traditional legal thought has generated few anomalies, antinomies, and paradoxes. These factual and logical tensions arise only when theorists press for a complete and comprehensive body of thought. Discrete, unconnected solutions to problems and particularized precedents spare us the logical tensions that have troubled scientific inquiry.

Anomalies arise from data that do not fit the prevailing scientific theory. Paradoxes and antinomies, on the other hand, reflect problems of logical rather than factual consistency. To follow Quine's definitions, paradoxes are contradictions that result from overlooking an accepted canon of consistent thought. They are resolved by pointing to the fallacy that generates …

Federal Tort Claims At The Agency Level: The Ftca Administrative Process, George A. Bermann

Faculty Scholarship

Tort actions against the federal government and its agencies are currently governed by the FTCA and various other statutes, agency rules and procedures. Claims against the government are increasing rapidly, and the agencies enjoy broad settlement authority, often at the expense of coordination among the appropriate statutes. This Article examines the various procedures allowed and those that are actually practiced by the agencies. The author points out that, though claims officers are supposed to be fair-minded, the process can take on an adversarial nature, often a prelude to litigation rather than settlement. He proposes that the current processes be made …

Reforms And Innovations Regarding Authors' And Performers' Rights In France: Commentary On The Law Of July 3, 1985, Jane C. Ginsburg

Faculty Scholarship

Following thirteen months of parliamentary deliberations, on July 3, 1985, France enacted a law which brings major reforms and additions to its copyright act of March 11, 1957. The new law becomes effective on January 1, 1986. Among the French modernizations and innovations discussed in this Article are the new law's provisions regarding: computer software protection and ownership; royalties for home taping of audio and audiovisual works; and the recognition and regulation of "neighboring rights." These provisions extend statutory protection for the contributions of performing artists, and also accord reproduction and performance rights to the producers of phono- and videograms. …

Authors' Rights In France: The Moral Right Of The Creator Of A Commissioned Work To Compel The Commissioning Party To Complete The Work, André Françon, Jane C. Ginsburg

Faculty Scholarship

The French law protecting authors' rights incorporates two distinct regimes of rights, "pecuniary" rights, and "moral" rights. As the denomination indicates, pecuniary rights pertain to the author's economic interests, and provide the author a monopoly in the reproduction and public performance of his work. Moral rights safeguard the author's "personality" interest in his work. Despite the appellation "moral" rights, the author's claims under French law to the security of his personality as expressed in his work are not precatory: moral rights entail several distinct and enforceable interests. These are: the right to make the work known to the public "droit …

Religious Convictions And Lawmaking, Kent Greenawalt

Faculty Scholarship

In this Article, presented as the 1985-86 Thomas M. Cooley Lectures at the University of Michigan School of Law on March 10-12, 1986, Professor Greenawalt addresses the role that religious conviction properly plays in the liberal citizen's political decisionmaking in a liberal democratic society. Rejecting the notion that all political questions can be decided on rational secular grounds, Professor Greenawalt argues that the liberal democratic citizen may rely on his religious convictions when secular morality is unable to resolve issues critical to a political decision. The examples of animal rights and environmental protection, abortion, and welfare assistance illustrate situations where …

Regulating Heart And Liver Transplants In Massachusetts: An Overview Of The Report Of The Task Force On Organ Transplantation, George J. Annas

Faculty Scholarship

Organ transplantation has been a favorite topic of health lawyers since its inception. Organ procurement was addressed with the adoption of the Uniform Anatomical Gift Act in all fifty states, and "brain death" has been recognized both judicially and legislatively across the country. Nonetheless, it is now apparent that the major problems in organ transplantation are not legal and thus neither are their solutions. Heart and liver transplants are extreme and expensive interventions that few individuals can afford and few hospitals can offer. In an era of economic scarcity, how (if at all) should organ transplant procedures and other extreme …

Explaining Habeas Corpus, Larry Yackle

Faculty Scholarship

The conventional rationale underlying postconviction habeas corpus in the Federal forum is that the individual's interest in freedom from unlawful detention warrants a second look at Federal claims already rejected by the State courts. The subject-matter jurisdiction of the habeas courts is explicitly limited to petitions from applicants who allege they are in 'custody' in violation of Federal Law. The courts, however, circumvent the 'custody' requirement if it threatens to obstruct effective Federal postconviction review to protect persons from recalcitrant State authorities. The proposed alternative explanation of habeas corpus is that it makes available a Federal forum in which to …

Limits To Attorney-Client Confidentiality: A Philosophically Informed And Comparative Approach To Medical And Legal Ethics, Nancy J. Moore

Faculty Scholarship

The proper limits to attorney-client confidentiality are hotly debated by lawyers and legal scholars. Various drafts of the proposed Model Rules of Professional Conduct have included controversial provisions which call for the disclosure of adverse evidence and client perury, as well as more liberal disclosure of completed and intended client wrongdoing than is currently permitted under the Model Code of Professional Responsibility. This Article takes a comparative approach to the problem, utilizing a body of philosophical literature which explores the principle of confidentiality in the physician-patient context This "philosophically informed" approach sets out an analytical framework in which the controversies …