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Conjugal Violence: The Law Of Force And The Force Of Law , Maria Marcus

Faculty Scholarship

The Article concludes that neither the impartial mission of the rule of law nor the neatly tooled goal of individual justice has been served by the governmental response to conjugal violence, and suggests the elements from which a valid approach may be constructed.

Amniocentesis And The Apotheosis Of Human Quality Control, Jacqueline Nolan-Haley

Faculty Scholarship

No abstract provided.

The Perils Of Writing An Intellectual History Of Torts, George C. Christie

Faculty Scholarship

No abstract provided.

Busfare Increases And Administrative Irregularities, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.

Protecting Privacy Under The Fourth Amendment, Rory Little

Faculty Scholarship

No abstract provided.

Tort Responsibility Of Mentally Disabled Persons, James W. Ellis

Faculty Scholarship

The standard of care to be applied in tort cases involving mentally disabled people has not been reconsidered in recent years. Traditional rationales for the "objective" standard are less persuasive in the context of current legal approaches to the rights of mentally ill and retarded persons. Analogies to children (especially the concept of "mental age") and to physically handicapped adults merit reexamination. The objective standard of care for mentally disabled defendants was an outgrowth of the ideology of confinement-an ideology that society has since abandoned. Adoption of a subjective standard would not right a vast number of grave injustices, nor …

Defects And The Central Peak In Srtio3, Rolfe G. Petschek

Faculty Scholarship

It has been suggested that defects cause the central peak in SrTiO3. This paper presents a mean-field study of point defects which couple so strongly to the order parameter that nonlinear interactions in neighboring cells are important. Fair agreement with experimental results from electron paramagnetic resonance is found with a concentration of defects fitted to inelastic neutron scattering results. The hindered reorientation of domains is found to be consistent with this concentration of defects.

Artists, Art Collectors And Income Tax, Alan L. Feld

Faculty Scholarship

The federal income tax law treats artists and art collectors differently. Similar transactions concerning artworks produce disparate income tax results, depending on whether they involve the artist or the collector. On balance, these results seem to favor the collector over the artist. But notwithstanding the dismay of some artists and their advocates, the differences in result flow, in the main, from the differences in the source of the taxpayer's investment in the work.

The collector buys the work with after-tax income. Any gain is properly treated as an investment return and is eligible for capital gain benefits.' The collector, however, …

Usery Limits On National Interest, David S. Bogen

Faculty Scholarship

No abstract provided.

Panel: State Action And The Constitutional Accountability Of Private Utilities, Joel Gora

Faculty Scholarship

No abstract provided.

Equal Rights To Trial For Women: Sex-Bias In The Law Of Self-Defense, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Rape Victim Shield Laws And The Sixth Amendment, J. Alexander Tanford, Anthony J. Bocchino

Faculty Scholarship

No abstract provided.

Constitutional Privacy In Psychotherapy, Steven R. Smith

Faculty Scholarship

No abstract provided.

Distribution And Structure Of Deep-Water Oculina Varicosa Coral Reefs Off Central Eastern Florida., John K. Reed

Faculty Scholarship

Data on the distribution and growth-form of the scleractinian Oculina varicusa were compiled from 135 submersible dives with the JOHNSON-SEA-L1NK submersibles and 57 dredge and trawl records by the R/V GOSNOLD and R/V AQUARIUS. A deep-water form of O. varicosa, lacking zooxanthellae, was found in depths of 50 to 100 m off central eastern Florida. These colonies are arborescent with highly anastomosed, irregular dendritic branches. Over 50 sites were located at which living colonies of O. varicosa from 0.25 to 2 m diameter occur either singly or as sparsely scattered groups. Nine areas were found with massive thickets of contiguous …

Annual Report Of The Electric Power Committee, J. David Prince

Faculty Scholarship

This is the annual report of the Electric Power Committee for 1980. It reports on legislative and judicial developments, and issues relevant to the Electric Power Committee.

The Anatomy Of Products Liability In Minnesota: Principles Of Loss Allocation, Michael K. Steenson

Faculty Scholarship

In this article, Professor Steenson continues the discussion that began in The Anatomy of Products Liability in Minnesota: The Theories of Recovery, appearing in the last Issue of the William Mitchell Law Review, by shifting the analytical focus to the problems involved in allocating awards among the parties in Minnesota products liability cases. Professor Steenson analyzes defenses, contribution and indemnity, and the impact of Minnesota's comparative fault act on products liability law.

Defining The Role Of The Physician: Medical Education, Tradition, And The Legal Process, Robert L. Schwartz

Faculty Scholarship

The professional conflict and animosity that have developed between the legal and medical professions are symptomatic of something that is basic and disturbing to the traditional science and practice of medicine. Even a cursory review of the literature will reveal that physicians, lawyers, philosophers, and others (with greater or lesser degrees of insight and awareness) are currently engaged in serious reevaluations of such concepts as the definition of medicine as science and/or art, the structure and administration of effective medical curricula, and the goals of the medical profession itself. Such analyses require not only that physicians evaluate what they ought …

Effects Of Beam Polarization On Λ And K0 Inclusive Production In Pp Interactions At 12 Gev/C, R. L. Eisner, William J. Fickinger, J. A. Malko, D. K. Robinson, V. A. Sreedhar

Faculty Scholarship

Inclusive production of Λ and K0 in pp interactions at 12 GeV/c has been studied in an exposure of the Argonne National Laboratory 12-foot bubble chamber to a 50% transversely polarized proton beam. Beam-polarization-induced asymmetries are observed for both K0 and Λ production in the forward direction.

Constitutional Fate, Philip Chase Bobbitt

Faculty Scholarship

The Mary Ireland Graves Dougherty Lectures in Constitutional Law were established in 1979 at the University of Texas School of Law in the memory of Mrs. Dougherty by her family. Professor Bobbitt delivered the inaugural series of these lectures on three evenings in April 1979. Of those in attendance, only Professor Bobbitt's students, who had witnessed the evolution of his ideas during that year, and a few colleagues with whom he must have shared his thoughts, could have expected what followed on those spring evenings in Austin. His subject was "the question of judicial review." So stated, the subject hardly …

Accreditation Revisited: Aba Reexamination Of Approved Law Schools, Steven R. Smith

Faculty Scholarship

No abstract provided.

Managing Risks To Health, Safety And Environment By The Use Of Alternatives To Regulation, Michael S. Baram, David Sandberg, Larry Dufault, Kevin Mcallister

Faculty Scholarship

The management of risks to health, safety and environment is one of the central concerns of our society. This important function has been largely delegated to federal regulatory agencies which, over the last decade, have tried to respond to the difficult mandate of managing risk under conditions of technical uncertainty by implementing complex regulatory programs. The federal government is now grappling with the design and implementation of various regulatory reforms to lessen economic burdens and to harmonize regulation with marketplace considerations, because of growing opposition to further regulation.

What has been left unpromoted as a reform thus far is the …

Fathers Anonymous: Beyond The Best Interests Of The Sperm Donor, George J. Annas

Faculty Scholarship

Alex Haley concludes his international best seller, Roots, with the burial of his father in Little Rock, Arkansas. Walking away from the graveside he ponders the past generations, observing "I feel that they do watch and guide." The book inspired whole industries devoted to the development of family trees, and locating one's "roots" has become somewhat of an obsession with many. Because of the current secrecy surrounding the practice of Artificial Insemination Donor (AID), there are an estimated 250,000 children conceived by AID (at the rate of 6-10,000 annually in the United States) who will never be able to find …

Manifest Criminality, Criminal Intent, And The Metamorphosis Of Lloyd Weinreb, George P. Fletcher

Faculty Scholarship

My colleague has had a revelation. Professor Lloyd Weinreb's views about larceny have undergone a striking transformation in the last six months. As recently as May 1980, when he completed the preface to the third edition of his criminal law casebook, he held one set of views about The Carrier's Case and The King v. Pear. In the article published in this issue, he advances a different set of views about the two cases he regards as so important. He gives us no hint about how or why he underwent his change of heart. His transformation warrants our attention, …

New York Proposed Code Of Evidence: Article V, The Symposium: The New York Proposed Code Of Evidence, Michael M. Martin

Faculty Scholarship

Article V of the New York Proposed Code of Evidence sets forth the rules of evidentiary privilege. Unlike other articles of the Proposed Code, it differs significantly from its federal counterpart. Article V of the Federal Rules of Evidence consists of only rule 501, which provides that, unless otherwise required by the constitution or federal statute, privileges in federal courts are governed by "the principles of the common law as they may be interpreted... in the light of reason and experience." Rule 501 further provides, however, that questions of privilege in civil cases as to which state law supplies the …

Using The Freedom Of Information Act As A Discovery Device, David I. Levine

Faculty Scholarship

No abstract provided.

Survey Of Developments In North Carolina Law, 1979. Family Law, Jane R. Wettach, M. Ann Anderson

Faculty Scholarship

No abstract provided.

The Wage-Loss Principle In Workers’ Compensation, Arthur Larson

Faculty Scholarship

No abstract provided.

Investigative Stops In High Crime Areas, Richard A. Gonzales

Faculty Scholarship

This article questions what constitutes reasonable suspicion of criminal activity particularly within high crime area. Some of the referenced cases:

• People v. Cantor, 36 N.Y.2d 106, 365 N.Y.S.2d 509, 324 N.E.2d 872 (1975)
• U.S. v. Magda, 409 F.Supp. 734,740 (S.D. N.Y. 1976)
• Terry v. Ohio, 392 U.S. 1 ( 1968)
• Sibron v. New York, 392 U.S. 40 ( 1968)
• U.S. v. Brignoni-Ponce, 422 U.S. 873 (1975)
• U.S. v. Flores, 462 F. Supp. 702 (E.D. NS. 1978)
• U.S. v. Oates, 560 F.2d 45, 49 (2d Cir. 1977)
• U.S. v. Constantine, 567 F.2d 266 ( 4th Cir. 1977)
• People v. Bower, 24 …

Study Of The Reaction P↑P→∆⁺⁺ At 6 Gev/C With Polarized Beam, R. L. Eisner, William J. Fickinger, J. A. Malko, D. K. Robinson, V. A. Sreedhar

Faculty Scholarship

We have studied the reaction p↑p→nΔ++ at 6 GeV/c incident momentum in which the incident protons are 60% transversely polarized. The experiment used the Argonne National Laboratory Zero Gradient Synchrotron polarized beam and the 12-foot hydrogen bubble chamber. We report on about 6000 Δ++ events, with the Δ++ produced in the backward hemisphere in the c.m. system. Spin-density matrix elements as a function of momentum transfer are presented and small beam-polarization-induced effects are described.

Molecular Dynamics Of Shock Waves In One-Dimensional Chains. Ii. Thermalization, Rolfe G. Petschek

Faculty Scholarship

The thermalization behavior behind a shock front in one-dimensional chains has been studied in a series of molecular-dynamics computer experiments. We have found that a shock wave generated in a chain initially at finite temperature has essentially the same characteristics as in a chain initially at zero temperature. We also find that the final velocity distribution function for particles behind the shock front is not the Maxwell-Boltzmann distribution for an equilibrium system of classical particles. For times long after the shock has passed, we propose a nonequilibrium velocity distribution which is based upon behavior in the harmonic and hard-rod limits …