Digital Commons Network^™

Clinical Education In The Seventies: An Appraisal Of The Decade, Robert J. Condlin

Faculty Scholarship

Presentation to the Clinical Section of the Association of American Law Schools.

The Origins Of Freedom Of Speech And Press, David S. Bogen

Faculty Scholarship

No abstract provided.

Book Review: Speech And Law In A Free Society, David S. Bogen

Faculty Scholarship

No abstract provided.

The Moral Failure Of Clinical Legal Education, Robert J. Condlin

Faculty Scholarship

No abstract provided.

Accuracy And Consistency In Categorical Decision-Making: A Study Of Social Security's Medical-Vocational Guidelines ─ Two Birds With One Stone Or Pigeon-Holing Claimants, John J. Capowski

Faculty Scholarship

No abstract provided.

Institutional Litigation In The Post-Chapman World, Susan Herman

Faculty Scholarship

No abstract provided.

Why Terminate Parental Rights, Marsha Garrison

Faculty Scholarship

No abstract provided.

Institutional Review Of Medical Research: Cost-Benefit Analysis, Risk-Benefit Analysis, And The Possible Effects Of Research On Public Policy, Robert L. Schwartz

Faculty Scholarship

It is reasonable to expect IRBs to develop and apply policy as other public policy agencies do. In fact, the risk-benefit analysis now required of IRBs appears to be analogous to the cost-benefit analysis adopted by public policy analysts. But, as we shall see, the new risk-benefit criterion is far less comprehensive and valid than the traditional cost-benefit model.

Pure Comparative Law And Legal Science In A Mixed Legal System, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.

Book Review, Administrative Law, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.

Legal Accountability And The Ncaa, John C. Weistart

Faculty Scholarship

No abstract provided.

International Exchange Of Information In Criminal Cases, Michael E. Tigar, Austin J. Doyle Jr.

Faculty Scholarship

No abstract provided.

Health Planning And Antitrust Law: The Implied Amendment Doctrine Of The Rex Hospital Case, Clark C. Havighurst

Faculty Scholarship

No abstract provided.

When Incommensurable Values Conflict -- Thoughts On Mandelker's Environment And Equity: A Regulatory Challenge, Bailey Kuklin

Faculty Scholarship

No abstract provided.

Marriage: The Status Of Contract, An Essay On Weitzman's The Marriage Contract, Marsha Garrison

Faculty Scholarship

No abstract provided.

The Impact Of Revised Article 9 On Missouri's Fixture Financing Scheme, William H. Henning

Faculty Scholarship

In 1963, Missouri adopted the Uniform Commercial Code, including Article 9, which integrated the existing state laws governing the use of personal property as security. Since that time, significant revisions of Article 9 have been approved by the Code's national sponsors, representing substantial changes in the law of secured transactions. These revisions have been introduced in the Missouri legislature but have not yet been enacted. It seems reasonably certain that they will be enacted in the near future.

The area that has been more extensively revised than any other is Article 9's treatment of security interests in fixtures. These revisions …

Computers And The Law, James Hambleton, David Matone

Faculty Scholarship

The Computer can manipulate information and retrieve it in ways which traditional sources of legal research cannot. Using a traditional legal research book, the attorney is tied to the indexing and abstracting which the legal editor has used. Searching for a case on Ford Pinto crashes, where does the attorney start? Are these cases indexed under "Automobiles," "Products Liability," or "Torts?" The attorney has to second guess the indexer.

Using the computer, the attorney is not tied to any indexing system. Rather than containing just digest paragraphs or abstracts, the computer database holds the full text of case decisions. By …

Statistical Significance And The Burden Of Persuasion, David H. Kaye

Faculty Scholarship

In most endeavors concerned with the acquisition of knowledge, quantitative information is welcomed. In law, however, it appears sometimes that scientific or numerical evidence makes cases harder, not easier. Nevertheless, there are many cases and administrative proceedings, in such areas as environmental law, food and drug regulation, and civil rights, in which statistical data obtained by observation or experiment are readily accepted as assisting in the proper resolution of disputed issues of fact. When courts or administrators confront scientific and statistical evidence in these proceedings, they are not always certain of how to weigh the evidence or whether they should …

An Examination Of The Effect Of Recent Legislation On Commodity Tax Straddles, Samuel C. Thompson Jr.

Faculty Scholarship

No abstract provided.

Sharing Parenthood After Divorce, Carol Sanger

Faculty Scholarship

Ciji Ware's first sentence in the popularly publicized Sharing Parenthood After Divorce directs the reader to "read this book before you hire a lawyer." Because many separated and divorced parents will follow Ware's instruction, family law practitioners should be aware of Ware's approach to and recommendations regarding custody. Her position is clear. The book is subtitled An Enlightened Custody Guide for Mothers, Fathers, and Kids and the meaning of "enlightened" is apparent from the title of Part One, "Why You Should Choose Shared Custody." But because her message is sometimes more enthusiastic than considered, lawyers and parents should be aware …

Private Credentialing Of Health Care Personnel: An Antitrust Perspective, Part 1, Clark C. Havighurst, Nancy M. P. King

Faculty Scholarship

This Article explores the antitrust and other implications of private credentialing and accrediting programs in the health care industry. Although such programs are usually sponsored by powerful competitor groups, they serve the procompetitive purpose of providing useful information and authoritative advice to independent decision makers. Part One examines the risk that credentialing will sometimes be unfair to competitors and deceive consumers. Its survey of common-law, antitrust, and regulatory interventions to correct such unfairness and deception seeks to determine the degree of oversight to which credentialing and similar activities have been and should be subjected. In recommending that judicial or regulatory …

Private Credentialing Of Health Care Personnel: An Antitrust Perspective, Part 2, Clark C. Havighurst, Nancy M. P. King

Faculty Scholarship

Having argued in Part One against extensive judicial or regulatory interference with private personnel credentialing in the health care field, this Article now shifts its focus to emphasize the anticompetitive hazards inherent in credentialing as practiced by professional interests. Competitor-sponsored credentialing is shown to be a vital part of a larger cartel strategy to curb competition by standardizing personnel and services and controlling the flow of information to health care consumers. Instead of altering the conclusions reached in Part One, however, Part Two sets forth a new and hitherto unexplored agenda for antitrust enforcement, one that the authors believe will …

Book Review, Richard L. Schmalbeck

Faculty Scholarship

No abstract provided.

Behind Closed Doors, Peter G. Fish

Faculty Scholarship

No abstract provided.

The Minnesota Commitment Act Of 1982 Summary And Analysis, Eric S. Janus, Richard M. Wolfson

Faculty Scholarship

Minnesota law governing commitments has been substantially

revised and recodified in the Minnesota Commitment Act of 1982.

The prior law is repealed and the new law is substituted for it effective

August 1, 1982.

This article has three purposes. First, the significant changes in

the civil commitment law are identified and their implications explored.

Second, where appropriate, the legal background underlying

the changes is explored in order to place the changes in context.

Third, the article identifies ambiguities and inconsistencies in the

Act, posits resolutions, and suggests areas for legislative attention.

Early Larval Stages Of The Indo-Pacific Coral Gall-Forming Crab Hapalocarcinus Marsupialis Stimpson, 1859 (Brachyura, Hapalocarcinidae) Cultured In The Laboratory., R. H. Gore, L. E. Scotto, John K. Reed

Faculty Scholarship

Hapalocarcinus marsupialis, the type-species in the family Hapalocarcinidae,is one of at least 27 species in 8 genera of these remarkable little crabs that settle on living scleractinian corals and eventually become partially or completely imprisoned in the resultant gall produced by the host coral. Hapalocarcinus marsupialis is widely distributed and has been recorded from the eastern tropical Pacific (Garth & Hopkins, 1968) and throughout the Indo-west Pacific (Edmondson, 1933; Fize & Serene, 1957; Takeda & Tamura, 1979; among others). Although much is known about the general biology of the species (see e.g., Potts, 1915), only the first stage larvae have …

Sediment Produced From Abrasion Of The Branching Stony Coral Oculina Varicosa., Charles M. Hoskin, J. C. Geier, John K. Reed

Faculty Scholarship

Soft rubber tumbling barrels, some with screen windows, were used to simulate natural abrasion of coral branches. Tumbled for equal times, sealed barrels produced more sediment from coral branches than barrels with windows, and dead coral produced more sediment than live coral. Tumbled dead coral produced a gravel mode (2-4 mm) of fragmented barnacles and a sand mode (0.2 mm) of coral. Tumbled live coral produced similar results but lacked barnacles. Time series tests of 1-1000 minutes showed that closed barrels produced increasingly greater percentages of carbonate mud and increasingly finer sand grain-size modes. Tumbling barrels with screen windows yielded …

No Light At The End Of The Pipeline: Confusion Surrounds Legislative Courts, Maryellen Fullerton

Faculty Scholarship

No abstract provided.

The Alter Ego Doctrine: Alternative Challenges To The Corporate Form, Antoinette M. Sedillo Lopez

Faculty Scholarship

This Comment examines alternative challenges to the separate entity fiction. First, it will analyze the economic policies underlying the separate entity concept and the justification for imposing shareholder liability in typical alter ego cases. Second, this Comment will review cases in which the corporate entity is challenged for alternative purposes and demonstrate how the usual alter ego analysis fails in these cases. Finally, this Comment proposes a three-stage analysis for examining alternative challenges to the separate entity fiction. The proposal would require courts to analyze the facts of the cases, identify the policies underlying the challenge, and balance the economic …

Representing Institutionalized Mentally Retarded Persons, James W. Ellis, Ruth A. Luckasson

Faculty Scholarship

The following article explores the need for increased legal advocacy for mentally retarded persons. Contrasting the services available to the mentally ill with the limited resources for the mentally retarded, the authors highlight the unique problems of this underrepresented population, and examine alternative forums for advocacy. In a practical, straightforward analysis, the article identifies barriers to effective representation, including the fundamental problem of lawyers' and advocates' reactions to institutionalized retarded persons' appearance and behavior, and the effect of these reactions on advocacy efforts. The article is followed by a client interview form and guide that focus on the special problems …