Digital Commons Network^™

Risk Communication Law And Implementation Issues In The United States And European Community, Michael S. Baram

Faculty Scholarship

Risk communication has become an important element of public policy in the United States and the European Community (E.C.) for reducing technological risks to workers, product users and community residents. The risk communication process involves disclosure by an industrial firm (or other party) of information about the hazardous attributes of its activity or product to a regulatory agency or to persons who may be at risk, thereby facilitating a shared understanding of the risk and enabling interpretation of various risk prevention and response measures.

There are two general patterns of risk communication. One involves industrial disclosure to a government agency, …

In Search Of The Virtuous Prosecutor: A Conceptual Framework, Stanley Z. Fisher

Faculty Scholarship

Questions about the scope and content of the duty to "seek justice" pervade prosecutorial work. Prosecutors are required to serve in a dual role: they are both advocates seeking conviction and "ministers of justice." Observers have complained about a tendency on the part of prosecutors to prefer the former of these "schizophrenic" obligations to the latter. This is commonly described as a tendency to behave overzealously or according to a "conviction psychology. ' "

Drug Product Liability And Health Care Delivery Systems, William M. Sage

Faculty Scholarship

This note will use the principles of law and economics to examine the interaction of market structures and product liability rules in a world of imperfect information. The goals of the analysis are to create incentives for optimal care by producers and consumers, induce the socially appropriate amount of consumption of each product (often referred to as the "activity level"), and minimize the costs of bearing the risk of injury. The note will conclude that the existence of health maintenance organizations ("HMOs") and similar prepaid providers with superior information capacity and total patient care responsibility may create a context in …

Duty To The Target: Is An Attorney's Duty To The Corporation A Paradigm For Directors, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Duty To The Target: Is An Attorney's Duty To The Corporation A Paradigm For Directors?, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Government Official Torts And The Takings Clause: Federalism And State Sovereign Immunity, Jack M. Beermann

Faculty Scholarship

In this article, I argue that state sovereign and official immunities, insofar as they bar recovery when private parties would be liable for similar conduct, are unconstitutional under the takings clause of the fifth amendment, as applied to the states under the fourteenth.²² A state's refusal to compensate plaintiffs for the tortious damage or destruction of property should be redressed by the federal courts in civil actions brought under § 1983.

Section I of this article provides background through a discussion of the Supreme Court's treatment of the problem of torts committed by government officials, primarily in procedural due …

Baby M, The Surrogacy Contract, And The Health Care Professional: Unanswered Questions, Karen H. Rothenberg

Faculty Scholarship

No abstract provided.

Restoring Regulatory Policy To Serve The Public Interest, Robert V. Percival

Faculty Scholarship

No abstract provided.

A Dissent On Joint Custody, Jana B. Singer, William L. Reynolds

Faculty Scholarship

No abstract provided.

Academic Freedom And Governance: A Call For Increased Dialogue And Diversity, Phoebe A. Haddon

Faculty Scholarship

No abstract provided.

Gender Bias In The Classroom, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

Aids And The Right To Health Care, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

Appellate Justice Bureaucracy And Scholarship, William M. Richman, William L. Reynolds

Faculty Scholarship

No abstract provided.

U.C.C. Methodology: Taking A Realistic Look At The Code, John L. Gedid

Faculty Scholarship

No abstract provided.

Copyright Protection Of Fictional Characters In Japan, Kenneth L. Port

Faculty Scholarship

There is a renewed interest in the United States in Japanese Copyright law. Specifically, new attention has been focused on the protection of computer software under the Japanese Copyright Act, but only a cursory attempt has been given in English language literature to the issue of whether fictional characters can be protected using copyright law in Japan independent of the original work. The objective of this Comment is to fill this void. First the Comment presents the fundamental concepts of American copyright law needed as background knowledge to understand the issue. The Comment then explores the existing satiation in Japan …

Rethinking Harmless Constitutional Error, A. Kimberley Dayton

Faculty Scholarship

This article examines the increasing role of the Chapman Rule and its effect on the harmless error doctrine and outlines a coherent doctrine of constitutional error responsive to the purposes of the various constitutional protections afforded criminal defendants. Part I evaluates the Court's existing harmless error jurisprudence. Part II proposes a harmless error doctrine that, unlike the Court's approach, responds to constitutional values unrelated to truth determination. The last two parts of the Article address two problems precipitated by the use of outcome-oriented rules to define and remedy constitutional error. Part III discusses when such a rule should be used …

An Artificial Intelligence Course In A Liberal Arts Program, John F. Dooley

Faculty Scholarship

This paper describes the design and implementation of an undergraduate course in Artificial Intelligence (AI) within a liberal arts college curriculum. The course aims to introduce students to both the theoretical foundations and practical applications of AI while aligning with the ACM Curriculum ’78 guidelines. It emphasizes an interdisciplinary approach that integrates computer science concepts with broader ethical and societal considerations relevant to AI’s impact on human life.

The course content includes foundational topics such as problem solving, search strategies, knowledge representation, inference, and heuristic programming. Lisp is employed as the primary programming language to facilitate symbolic computation and the …

The Case For Gay Rights, Matt Coles

Faculty Scholarship

No abstract provided.

By The Neck Until Dead: A Look Back At A 70 Year Search For Justice, Clark Freshman

Faculty Scholarship

No abstract provided.

The Corporation As Client: Problems, Perspectives, And Partial Solutions, James R. Mccall

Faculty Scholarship

No abstract provided.

One Step Forward, Two Steps Back: Summary Judgment After Celotex, Melissa Lee Nelken

Faculty Scholarship

No abstract provided.

The Rationale Of Personal Admissions, Roger C. Park

Faculty Scholarship

No abstract provided.

The Isolation Of Private International Law, Joel R. Paul

Faculty Scholarship

No abstract provided.

Rule 11 Revisited, William W. Schwarzer

Faculty Scholarship

No abstract provided.

Four Portraits Of Law Practice, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Communitarian Ethics And Legal Justification, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Forms Of Action Under The Federal Rules Of Civil Procedure, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

The Public Nature Of Private Adjudication, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

No Holier Temples: Protecting The National Parks Through Wild And Scenic River Designation, Brian E. Gray

Faculty Scholarship

No abstract provided.

Some Reflections On State Constitutions, Joseph R. Grodin

Faculty Scholarship

No abstract provided.