Digital Commons Network^™

Reviving Republicanism, H. Jefferson Powell

Faculty Scholarship

No abstract provided.

The Idea Of The Constitution As Hard Law, William W. Van Alstyne

Faculty Scholarship

The "idea" of the Constitution is generally thought to be well declared in the famous rhetoric of its Preamble.

Comments On Standards Of Judicial Review, William W. Van Alstyne

Faculty Scholarship

No abstract provided.

Legal Fiction, James Boyle

Faculty Scholarship

No abstract provided.

Teaching Values: A Dilemma, Katharine T. Bartlett

Faculty Scholarship

No abstract provided.

Self-Love And The Judicial Power To Appoint A Special Prosecutor Symposium On Special Prosecutions And The Role Of The Independent Counsel, James A. Cohen

Faculty Scholarship

Judicial appointment of private attorneys as special prosecutors has occurred and is permitted to occur in a variety of contexts other than when the executive branch is faced with a potential or actual conflict of interest. Until recently, the Second Circuit Court of Appeals and, of course, district courts within the Second Circuit, have interpreted Rule 42(b) of the Federal Rules of Criminal Procedure to permit judicial appointment of a private attorney to prosecute conduct allegedly violative of a court order as criminal contempt. Courts have been most active in appointing private attorneys as special prosecutors in cases involving counterfeit …

Gray Market Goods: A Lighter Shade Of Black Symposium: The Controversy Over The Importation Of Gray Market Goods: Is A Resolution Forthcoming, Hugh C. Hansen

Faculty Scholarship

If a street vendor offers a famous brand-name product for a substantially lower price than one would expect, the average consumer's initial reaction might be that the product had been stolen or was "hot" - a product of the black market. While such discounted goods might indeed be stolen, sophisticated consumers have come to expect similar discounts in stores and mail-order houses throughout the country on goods not from the black market but rather from the "gray market." These products, naturally enough, are called "gray market goods" or simply "gray goods." Gray goods are brand-name products manufactured abroad which bear …

To Begin The Nation Anew: Congress, Citizenship, And Civil Rights After The Civil War, Robert J. Kaczorowski

Faculty Scholarship

No abstract provided.

In The End, Truth Will Out’...Or Will It?. ‘Merchant Of Venice,’ Act Ii, Scene 2, Donald Magnetti

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.

Better Late Than Never: Publication Of The Decisions From The 1845 Term Of The Republic Of Texas Supreme Court, James Hambleton, David A. Greenblatt

Faculty Scholarship

Two years ago, this column featured the rediscovery of a full year's worth of decisions issued by the Supreme Court of the Republic of Texas that had never been printed. Paulsen & Hambleton, Whatever Happened to 7845? The Missing Decisions of the Texas Supreme Court, 48 Tex. B.J. 830 (1985). Those decisions now have been collected and will appear in the December 1986 issue of the Texas Law Review (The Missing Cases of the Republic, 65 Texas L. Rev. 377 (1986)). Although none of the missing cases are likely to have any direct bearing on the outcome of the Texaco-Pennzoil …

Restitution, Criminal Law, And The Ideology Of Individuality, Richard C. Boldt

Faculty Scholarship

No abstract provided.

Public Rights And The Federal Judicial Power: From Murray's Lessee Through Crowell To Schor, Gordon G. Young

Faculty Scholarship

No abstract provided.

The Dialectic Of Rights And Politics: Perspectives From The Women's Movement, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

The Ethics Of Embryo Research: Not As Easy At It Sounds, George J. Annas

Faculty Scholarship

Mark Twain once said of Wagner's music, "It's not as bad as it sounds." Likewise, it may be said of Peter Singer and Helga Kuhse's stroll through the issues involving embryo research: "It's not as easy as it sounds."

Today it seems clear that Aldous Huxley's version of a Brave New World is much closer to the mark than George Orwell's 1984. We will not have to be dragged into a technologically dominated future by a totalitarian government; we will go willingly, cheering almost any change as "better" and accepting science as always "improving" on nature. This childlike faith …

Made In The U.S.A.: Legal And Ethical Issues In Artificial Heart Experimentation, George J. Annas

Faculty Scholarship

The death of William Schroeder in Louisville, Kentucky, on August 6, 1986, brought to a close a remarkable chapter in public human experimentation. Artificial heart implants represent the most public experiments in the history of the world. The manner in which they are conducted is a matter of utmost public and professional concern, since it graphically portrays the seriousness with which we take our laws and ethical rules regarding the protection of the rights and welfare of human subjects. Unfortunately, the brief history of artificial heart implants is neither a happy nor a proud one. Begun with high hopes and …

Confronting The Immunization Problem: Proposals For Compensation Reform, Wendy K. Mariner, Mary E. Clark

Faculty Scholarship

After decades of reports on the need for considered
public policy on immunization,' it is time for action. The
"problem" of immunization is complex, but the constituent complexities have been recognized for years. In a recent report on Vaccine Supply and Innovation, the Institute of Medicine referred to vaccines as "an elegant solution to one of the perennial problems of the human race-infectious
disease." Vaccines are effective, inexpensive, simple to produce, and easy to deliver. They have succeeded in quelling the threat to public health of such formerly devastating diseases as smallpox, poliomyelitis, and diphtheria. Today, however, the prospects for …

The Painful Prescription: A Procrustean Perspective?, Frances H. Miller, Graham A.H. Miller

Faculty Scholarship

The United States and Great Britain have often been called two countries divided by a common language. In the field of medicine, common language facilitates comparisons, but it can obscure basic value differences as well. Henry Aaron, Ph.D., and William Schwartz, M.D., in their influential book The Painful Prescription: Rationing Hospital Care,1 analyzed how and why Britain (as compared with the United States) has apparently limited the use of such high-technology procedures as kidney dialysis, CT scans, coronary-artery surgery, x-ray films, and intensive care beds. The authors then speculated about whether similar responses will be forthcoming in this …

Chemical Industry Accidents, Liability, And Community Right To Know, Michael S. Baram

Faculty Scholarship

The Bhopal, India tragedy and other industrial accidents (e.g., Seveso, Flixborough, Mexico City, Institute, WV) have frightened the citizens of developed and undeveloped countries. These accidents, along with numerous hazardous waste problems, have led to a dramatic loss of public confidence in chemical industry management and their safety experts. The occurrence of such accidents also provides vivid evidence of the serious gap between government legislative promises and government performance in the actual control of industrial hazards.'

As a result, persons who believe they have been injured or put at risk by industry are now using tort law to secure private …

Conflict Of Laws (1986), James Paul George, Fred C. Pedersen

Faculty Scholarship

Conflicts of law occur when foreign elements appear in a lawsuit. Nonresident plaintiffs or defendants, incidents in other state or countries, and lawsuits outside of Texas are all foreign elements that may create conflicts problems with judicial jurisdiction, choice of law, or the recognition and enforcement of foreign judgments. This Article will review Texas conflicts of law during the Survey period from late 1984 through 1985. The Survey includes cases from Texas state and federal courts, and non-Texas cases affecting Texas practice.

During the Survey period, judicial jurisdiction continued its uncertain theoretical expansion, with Texas courts raising important questions. Foreign …

Assessment Of Shelf Registration: How Much Diligence Is Due Investors?, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

"Tastes Great, Less Filling": The Law School Clinic And Political Critique, Robert J. Condlin

Faculty Scholarship

No abstract provided.

A Call For Uniformity, Susan P. Leviton

Faculty Scholarship

No abstract provided.

New Developments In Consumer Bankruptcies: Chapter 7 Dismissal On The Basis Of "Substanial Abuse" (Second Installment), Irving A. Breitowitz

Faculty Scholarship

No abstract provided.

Pennsylvania's Implementation Of The Surface Mining Control And Reclamation Act: An Assessment Of How "Cooperative Federalism" Can Make State Regulatory Programs More Effective, John C. Dernbach

Faculty Scholarship

No abstract provided.

An Overview Of Health Law Research And An Annotated Bibliography, Richard A. Danner, Claire M. Germain

Faculty Scholarship

No abstract provided.

Sensory Function And Gating Of Histaminergic Neuron C2 In Aplysia, Hillel J. Chiel

Faculty Scholarship

This paper explores the possible sensory function of the identified histaminergic neuron C2. Mechanical stimulation of a narrow region around the mouth of the animal (perioral zone) elicits brief depolarizing potentials in C2. Extracellular recordings from the peripheral axons of C2 indicate that the depolarizing potentials are due to action potentials that are conveyed from the periphery but do not invade the cell body, since they fail at a region with a low safety factor within the cerebral ganglion. These blocked axonal spikes (A- spikes) function as if they were excitatory synaptic inputs to C2, since the synaptic output of …

An Identified Histaminergic Neuron Modulates Feeding Motor Circuitry In Aplysia, Hillel J. Chiel

Faculty Scholarship

An identified histaminergic neuron, C2, in the marine mollusk Aplysia is a complex mechanoafferent which appears to contribute to the maintenance of food arousal by means of its synaptic connections to the metacerebral cell (MCC). Because C2 also has extensive synaptic outputs to neurons other than the MCC, we studied its possible motor functions. We identified several synaptic followers of C2 and found that some were excitatory motor neurons for extrinsic muscles of the buccal mass, while others were modulatory motor neurons that inhibited contractions. In addition, we found that these neurons and other synaptic followers of C2 received powerful …

Alternative Families: Obtaining Traditional Family Benefits Through Litigation, Legislation And Collective Bargaining, Barbara Cox

Faculty Scholarship

This article will first discuss the constitutional and equitable basis for extending rights to alternative families. Next, it will discuss each major protection and benefit granted to traditional families and then examine the litigation, legislation, and collective bargaining agreements obtaining or attempting to obtain the same benefit for alternative families. This article will end by arguing that equity and justice require an extension of these benefits to alternative families.

Disabled Newborns And The Federal Child Abuse Amendments: Tenuous Protection, Steven R. Smith

Faculty Scholarship

This Article first explores the scope of the problem of withholding lifesaving treatment from seriously impaired infants. Next, the Article examines the interests involved in decisions to withhold treatment and the rationales for them. It contends that there are limitations on parental child-rearing rights and suggests standards to define when treatment may be withheld. The Article then reviews recent efforts to protect disabled newborns and points out a shift in the focus of these efforts toward a reliance on child abuse and neglect laws. Next, the Article surveys the development of federal and state child abuse and neglect statutes. The …