Digital Commons Network^™

Early Neutral Evaluation: A Follow-Up Report, David I. Levine

Faculty Scholarship

No abstract provided.

The Disaggregation Of Damages Requirement In Private Monopolization Actions, James R. Mccall

Faculty Scholarship

No abstract provided.

Insurance Law: Public Policy Permits Insuring Against One's Own Intentional Acts Of Discrimination, Daniel B. Yeager

Faculty Scholarship

No abstract provided.

Medical And Psychotherapy Privileges And Confidentiality: On Giving With One Hand And Removing With The Other, Steven R. Smith

Faculty Scholarship

This Article reviews both the giving and the taking away: the protections afforded to confidentiality by privileges and legal duties, and the way those protections are eroded. The duties of professionals and others to maintain confidences are noted, but testimonial privileges are emphasized. This Article proposes reforms in the way we try to protect confidentiality and suggests that the protection of therapy confidences be dealt with as a coherent whole (privileges and obligations of confidentiality should be dealt with together). Exceptions to privileges should be reduced and narrowed, and federal law should recognize the desirability of a consistent approach to …

Blue-Sky Merit Regulation: Benefit To Investors Or Burden On Commerce, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Taking Kawashima Seriously: A Review Of Japanese Research On Japanese Legal Consciousness And Disputing Behavior, Setsuo Miyazawa

Faculty Scholarship

This paper discusses Japanese research on legal consciousness (ho-ishiki) and civil disputing. The author presents a recent explication of Takeyoshi Kawashima's concept of legal consciousness as a cultural factor and also proposes to explore the possibility of treating it as an individual, attitudinal factor. He also reviews large-scale surveys of aggregate-level culture and studies on individual-level disputing behavior. The need and possibility of a longitudinal study of individual disputing behavior that uses individual-level attitudes and regional culture as explanatory variables is suggested.

A Subject Matter Approach To Hearsay Reform, Roger C. Park

Faculty Scholarship

No abstract provided.

Summary Judgment And Case Management, William W. Schwarzer

Faculty Scholarship

No abstract provided.

Whence Knowledge Intent? Whither Knowledge Intent?, David Jung, David I. Levine

Faculty Scholarship

No abstract provided.

The Constitutional Right To Jury Trial: A Historical Exception For Small Monetary Claims, Margreth Barrett

Faculty Scholarship

No abstract provided.

Texas Session Laws: Same Chapter, Different Verse, James Hambleton, Jim Paulsen

Faculty Scholarship

An inconsistency in the publication of Texas session laws, beginning with the tag-end of the 68th Legislature, promises to create considerable confusion in finding and citing session laws. The problem stems from the fact that one publisher produced the paper pamphlet "advance sheets" for new laws, while another released the bound volumes of the same session laws. As one might expect, page numbers do not coincide.

The Validity Of Tests: Caveant Omnes, David H. Kaye

Faculty Scholarship

A great debate swirls about the use of polygraph tests in criminal cases. Similar concerns about individual privacy and freedom arise with proposals and projects involving widespread testing of government employees for drugs and deception. Required diagnostic testing for certain diseases - most notoriously, for AIDS - raises similar concerns. Incorrect conclusions about who has taken illicit drugs, who has AIDS, and who is lying can be devastating. Yet, perfect knowledge is unattainable. Errors are inevitable. Questions of what the tendency is for these tests to err, which measures are appropriate for deciding whether to use a screening test, and …

Transnational Law-Making: Assessing The Impact Of The Vienna Convention And The Viability Of Arbitral Adjudication, Thomas E. Carbonneau

Faculty Scholarship

Questions concerning the future orientation of the process are more pressing and demand a definition of the international mission and role of arbitral adjudication. Nations share the perception that national economies are no longer autonomous, that they must function within a larger global framework. The question then becomes not whether a uniform international law of sales is needed, but rather how it is to be achieved. The transnational preeminence that arbitration has gained as a remedial mechanism makes it a likely vehicle for elaborating a common law of international contracts.

This article assesses the impact of the Vienna Convention upon …

The Impact Of Fraudulent Conveyance Law On Future Advances Supported By Upstream Guaranties And Security Interests, Steven L. Schwarcz

Faculty Scholarship

No abstract provided.

Apartheid And The South African Judiciary, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.

New Frontiers: The Expansion Of International Criminal Law, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Child Welfare Decisionmaking: In Search Of The Least Drastic Alternative, Marsha Garrison

Faculty Scholarship

No abstract provided.

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. …

Sediments From A Living Shelf-Edge Reef And Adjacent Area Off Central Eastern Florida., Charles M. Hoskin, John K. Reed, David H. Mook

Faculty Scholarship

Jeff's Reef (27⁰ 32.5' N; 790 58.3' W), a 16m high Oculina coral bank on the shelf-slope break, is the site of modem carbonate sedimentation mixed with relict carbonate and quartz. Surficial sediments from the 94 km² surrounding area of outer shelf, shelf edge and upper slope are significantly different from reef sediments as judged by wt.% gravel, sand, silt, clay, mud, sorting, skewness and normalized kurtosis. Sand grain types (ooid +pellet+ carbonate rock fragments, barnacles and coral) are also different for reef and non-reef areas. Sediments of non-reef origin in the adjacent areas have significantly larger between-station …

Major League Baseball's Monopoly Power And The Negro Leagues, Alfred Dennis Mathewson

Faculty Scholarship

This article argues that the demise of the Negro Leagues was caused by the confluence of several factors. First, the Negro Leagues operated with weak relational contract structures, a condition exacerbated by their over-reliance on star players. Second, and perhaps most important, integration forced the Negro Leagues to compete in a market dominated by the monopoly power of the Major Leagues. By 1922, perhaps earlier, the Major Leagues had acquired a monopoly over the market for White professional baseball players in the United States through its reserve system. Thereafter, the Major Leagues strengthened that monopoly with the development of Branch …

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

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

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 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 …

Granite Rock And The States' Influence Over Federal Land Use, John D. Leshy

Faculty Scholarship

No abstract provided.

A Lawyer's Privilege Against Self-Incrimination In Professional Disciplinary Proceedings, Geoffrey C. Hazard Jr., Cameron Beard

Faculty Scholarship

No abstract provided.

The Excessive Fines Clause And Punitive Damages Some Lessons From History, Calvin R. Massey

Faculty Scholarship

No abstract provided.

Overprotecting The Consumer? Section 2-607(3)(A) Notice Of Breach In Nonprivity Contexts, H.G. Prince

Faculty Scholarship

No abstract provided.

The "Contemporaneous" Traders Who Can Sue An Inside Trader, William K.S. Wang

Faculty Scholarship

No abstract provided.

Critical Legal Studies: The Death Of Transcendence And The Rise Of The New Langdells, Joan C. Williams

Faculty Scholarship

No abstract provided.