Digital Commons Network^™

Effect Of Critical Slowdown On Nuclear Magnetic Resonance In Solids Near A Second-Order Structural Transition, Rolfe G. Petschek

Faculty Scholarship

We have analyzed the critical behavior of nuclear spin-relaxation rates in several cases, where the relaxation rate remains finite but its temperature derivative is expected to diverge at Tc. We find that the temperature derivative of the relaxation rate contains two divergent terms, one which behaves like the specific heat, and one whose divergence is given by naive dynamic scaling arguments and depends on the form of the coupling terms of the order parameter.

The Courts, Congress, And Educational Adequacy: The Equal Protection Predicament, Betsy Levin

Faculty Scholarship

No abstract provided.

Balancing Freedom Of Speech, David S. Bogen

Faculty Scholarship

No abstract provided.

Standing Up For Flast: Taxpayer And Citizen Standing To Raise Constitutional Issues, David S. Bogen

Faculty Scholarship

No abstract provided.

Chesapeake Bay Oysters: Legal Theses On Exotic Species, Garrett Power, Thomas B. Lewis

Faculty Scholarship

No abstract provided.

Federal Courts & Federal Rights, Gordon G. Young

Faculty Scholarship

No abstract provided.

Discrimination As A Field Of Law, Arthur Larson

Faculty Scholarship

No abstract provided.

The Law And Economics Of Vertical Restrictions: A Relational Perspective, Victor P. Goldberg

Faculty Scholarship

Vertical restrictions between franchisors and their dealers have long been a thorny problem in antitrust law. Richard Posner's characterization of the case law as a "fiasco" and a "doctrinal shambles" is echoed by many other commentators. Perhaps partly because of the intellectual confusion in the area, the Supreme Court recently made an apparently sharp change in direction. In Continental T.V., Inc. v. GTE Sylvania Inc. the Court reversed the decade-old Schwinn per se doctrine, holding that at least some vertical restrictions deserve a rule of reason test. Whether this decision will prove a more durable precedent than Schwinn remains …

Should Intolerable Prison Conditions Generate A Justification Or An Excuse For Escape?, George P. Fletcher

Faculty Scholarship

In the last five years, appellate courts have responded sympathetically to the claims of prisoners who have escaped to avoid the threat of physical violence and homosexual rape. Lovercamp began the trend in 1974. Today the reports are replete with reversals directing trial courts to hear evidence bearing on the conditions that prompted the escape.

The courts have moved so quickly into this new field that they have had little chance to refine the underlying rationale for admitting the evidence. Appellate opinions, as well as several commentators, have sought to squeeze the new issue into one of three received doctrinal …

The Right To Life, George P. Fletcher

Faculty Scholarship

In the theory of rights we repeatedly encounter the problem of reconciling someone's having a right with his properly suffering damage to the interest protected by the right. In the case of right to life, we have to assess numerous cases in which individuals are killed or allowed to die, and we wish nonetheless to affirm their right to life. These cases include killing an aggressor in self-defense, accidental homicide, terminating life-sustaining therapy, and capital punishment.

My program in this Article is to provide an account of how it is that those with a right to life may nonetheless be …

Zoning For The Mentally Ill: A Legislative Mandate, Deborah A. Schmedemann

Faculty Scholarship

Under the aegis of President John Kennedy, Congress first began to concern itself with the needs of the mentally ill over two decades ago. Bills providing for community mental health centers and congregate housing have appeared subsequently to attempt to expedite integration of the mentally ill into community life. These congressional mandates, however, have met with reluctance-if not hostility. While federal law makers have been the champion of deinstitutionalization, they have placed responsibility for implementation of their programs on the state and local levels. There, local governmental authorities have reacted defensively to exclude the mentally ill from their neighborhoods, primarily …

The French Exequatur Proceeding: The Exorbitant Jurisdictional Rules Of Articles 14 And 15 (Code Civil) As Obstacles To The Enforcement Of Foreign Judgments In France, Thomas E. Carbonneau

Faculty Scholarship

This article examines the jurisdictional problems that might arise when a plaintiff attempts to enforce a foreign judgment in France against a French national or domicilary. The statement of a hypothetical case is followed by a description and analysis of the substantive French Law, as well as the recently enacted EEC Convention on the Enforcement of Judgments. The application of these legal principles to the facts of the hypothetical case demonstrates unequivocally the unbending nationalistic orientation of the jurisprudence: French courts have construed the relevant Code provisions to grant them exclusive jurisdiction to hear matters involving French nationals or domicilaries. …

Probabilities And Proof: Can Hla And Blood Group Testing Prove Paternity?, David H. Kaye, Ira Mark Ellman

Faculty Scholarship

Advancing medical technology has produced tests which offer the opportunity to resolve paternity disputes with more accuracy than unaided traditional evidentiary techniques are likely to obtain. Because the biology underlying the statistical evidence in paternity cases offers a wealth of previously unavailable information which is certain to revolutionize the adjudication of paternity suits, but it is important that the courts not become so mesmerized by these new sources of evidence that they neglect to subject them to traditional principles of evidence applicable to all testimony. Additionally, for some time scholars have disagreed on the proper application of a probability formula …

The Implicit Teaching Of Utopian Speculations: Rousseau's Contribution To The Natural Law Tradition, Thomas E. Carbonneau

Faculty Scholarship

This article examines the evolution of natural law theory and Jean-Jacques Rousseau's contribution to it. The thesis that emerges from that examination asserts that the tension between law in its natural and positive forms is endemic to the human condition. If any common ground is to be found between theories of positivistic and natural law, it lies in the realization that natural law doctrine is not gratuitous and subjective optimism nor idealism pure and simple. The fact that natural law doctrine can serve but a role of general guidance, that it is alien to the concrete, positivistic manifestations of law, …

Constitutional Law: Freedom Of The Press And A Reporter's Ability To Gather News, Barbara P. Blumenfeld

Faculty Scholarship

The author notes the Supreme Court should re-evaluate statements regarding a newsperson's right to gather news. By according great weight to a reporter's necessary task of gathering information, the press will have the tools necessary to make publishing meaningful and support the first amendment freedom of the press.

Proton-Spin-Resonance Relaxation Times Near The Ordering Transition In Nh4cl, Rolfe G. Petschek

Faculty Scholarship

We consider the relaxation time of the NMR line of protons in NH4Cl, near the ordering transition. We show that because of the symmetry of the system, the major contribution to the random fluctuations responsible for the relaxation are due to motions that are not critically slowed. As a consequence we expect the singular behavior of the relaxation rate to be like that of the energy near the critical point.

Families With Service Needs: The Newest Euphemism, Stanley Z. Fisher

Faculty Scholarship

Juvenile court jurisdiction over "status offenders" - juveniles engaging in noncriminal misconduct such as truancy, running away, and "incorrigibility" - has become the subject of national debate. Most participants in the many-sided discussion agree that the system needs reform. The major disagreement, however, is between those who wish merely to reform the court's jurisdiction over this conduct, and those who would substantially eliminate it. This article concerns the newest reform proposal: to revise status offense jurisdiction under a new category entitled "Families With Service Needs" (FWSN). Proposed in 1977 by a federally funded task force, 5 the FWSN concept has …

Reconciling Quinlan And Saikewicz: Decision Making For The Terminally Ill Incompetent, George J. Annas

Faculty Scholarship

One of the most perplexing problems in the medicolegal field concerns the criteria on which decisions not to treat terminally ill incompetent patients should be made. These decisions traditionally have been made by physicians in hospitals-sometimes with the assistance of the patient's family-on the basis of their perceptions of the patient's "best interests." Recently, two state supreme courts have ruled on this question. The New Jersey Supreme Court, in the Quinlan case, developed a medical prognosis criterion, and permitted the patient's guardian, family, and physicians to apply it with the concurrence of a hospital "ethics committee." The Massachusetts Supreme Judicial …

Taking Supreme Court Opinions Seriously, Henry Paul Monaghan

Faculty Scholarship

Taking Supreme Court opinions seriously emerged as a topic of discussion at a lunch I attended last year with several Supreme Court law clerks. Somehow we came round to a particular three-judge district court case which I confidently opined was "certain" to be reversed on the basis of principles announced in prior opinions. The clerks were models of politeness and circumspection; never once did they even intimate that the judgment would (by divided vote) be affirmed. But shortly after I had announced my views of that case, one of the clerks began to prod me, asking whether I simply took …

Implementing A Progressive Consumption Tax, Michael J. Graetz

Faculty Scholarship

Much scholarly debate has been devoted to the theoretical merits of using an individual's consumption expenditures as the basis for measuring ability to pay tax. In this Article, Professor Graetz examines the practical problems of implementing and administering a progressive consumption tax as an alternative to the income tax. He concludes that although a consumption tax is feasible, practical implementation difficulties, together with the political unlikelihood of enacting a tax which is both administratively workable and retains the alleged theoretical advantages of a consumption-based tax, argue against its adoption.

‘Oath-Functions’ And The ‘Oath Process’ In The Civil And Criminal Law Of The Ancient Near East, Donald Magnetti

Faculty Scholarship

No abstract provided.

Representation Of Women Who Defend Themselves In Response To Physical Or Sexual Assault Arguedas, Elizabeth M. Schneider, Susan B. Jordan, Cristina C. Arguedas

Faculty Scholarship

No abstract provided.

Judges At The Bedside: The Case Of Joseph Saikewicz, George J. Annas

Faculty Scholarship

In what may prove to be the most controversial medicolegal decision of the year, the Massachusetts Supreme Judicial Court has ruled that, in certain cases, courts are the proper forum in which life-sustaining medical decisions should be made.1 The controversy goes deep. It involves questions of who should make life-prolonging decisions, in what forum, and on what criteria. Until the last few years, these questions arose almost exclusively in the context of Jehovah's Witnesses cases - cases in which life-saving blood transfusions were being refused for religious reasons. But with society's increasing consciousness about the way people die in hospitals, …

Abortion To Aging: Problems Of Definition In The Medical Expense Tax Deduction, Alan L. Feld

Faculty Scholarship

Administration of the medical expense deduction has generated its share of litigation and rulings. The major areas of dispute center on two questions. By far the more important question is how to distinguish deductible medical expenses from other expenses that should be characterized as personal, living, or family expenses. The statutory definition of medical care is a broad one, encompassing amounts paid for "diagnosis, cure, mitigation, treatment, or prevention of disease, or for the purpose of affecting any structure or function of the body."' ¹⁰ It also includes transportation to obtain medical care." Because normal expenses of a personal nature, …

The Non-Precedential Precedent - Limited Publication And No-Citation Rules In The United States Courts Of Appeals, William L. Reynolds, William M. Richman

Faculty Scholarship

No abstract provided.

Guiding Capital Sentencing Discretion Beyond The "Boiler Plate": Mental Disorder As A Mitigating Factor, James S. Liebman, Michael J. Shepard

Faculty Scholarship

In five decisions handed down on July 2, 1976, the United States Supreme Court held that the death penalty may be imposed for the crime of murder, so long as there are clear standards to guide the sentencing authority and the sanction is not imposed mandatorily. The authors examine the eighth amendment doctrinal framework used by the Court in the July 2 Cases, with particular reference to the requirement that individualized mitigating information be considered in the sentencing decision. Illustrating that requirement, they contend that mental disorder should be considered as a possibly mitigating factor and then suggest a standard …

Evolution Of The Concept Of The Rights Of The Child In The Western World, D. Kelly Weisberg

Faculty Scholarship

The General Assembly of the United Nations has proclaimed 1979 to be the International Year of the Child. It is also the twentieth anniversary of the United Nations' Declaration of the Rights of the Child. The concept of the rights of the child is of relatively recent origin. This modern notion that a child is entitled to special protection, opportunities and facilities emanates from two historical sources. First, it reflects the culmination of the evolution of the concept of childhood. Second, it springs from the development in the nineteenth and twentieth centuries of the juristic concept of the child as …

Shadow Prices For Project Selection In The Presence Of Distortions: Effective Rates Of Protection And Domestic Resource Costs, T.N. Srinivasan, Jagdish N. Bhagwati

Faculty Scholarship

The paper addresses the problem of deriving shadow prices for use in project evaluation when the existing allocation is characterized by ad valorem trade distortions. The analysis is used to clarify and resolve the long-standing debate among effective-rate-of-protection and domestic resource-cost proponents as to the respective merits of their measures as methods of project evaluation. The derivation of shadow factor prices is then extended to three major factor market imperfections familiar from extensive trade-theoretic analysis.

The Liberty Interest Of Children: Due Process Rights And Their Application, James W. Ellis, Lee E. Teitelbaum

Faculty Scholarship

Few areas pose more difficult problems in the application of due process doctrine than does regulation of parent-child relationships. Determination of the procedural requirements for intervention by the state in the lives of children, at the request or with the agreement of parents, presents novel and troublesome constitutional questions. Special problems arise in the definition of the liberty interests of minors and in determining how much process is due given an infringement of those interests. These problems cannot be resolved by resort to the categorical assumptions of either traditional theory or "children's liberation." Close examination of the interests held by …

The Many Faces Of Misuse: An Inquiry Into The Emerging Doctrine Of Comparative Causation, Aaron Twerski

Faculty Scholarship

No abstract provided.