Digital Commons Network^™

New Role For Nonparties In Tort Actions-The Empty Chair, Reed D. Benson

Faculty Scholarship

In courtroom drama, the spotlight rarely falls on an empty chair. That may change, due to a new Colorado statute allowing factfinders to consider the negligence or fault of nonparties in tort actions. The new statute may not give nonparties starring roles in every trial, but it will certainly thicken the plot.

From Confidential Supervision To Market Discipline: The Role Of Disclosure In The Regulation Of Commercial Banks, Alfred Dennis Mathewson

Faculty Scholarship

This Article examines traditional regulatory discipline, the development of a legal basis for confidential supervision, the role of the SEC and federal securities laws in the development of a public disclosure system for banks and bank holding companies, and the utilization of public disclosure to achieve market discipline as a major tool in preventing bank failure and maintaining the stability of the banking system. The scope of this Article is limited to the regulation of commercial banks, whether state or federally chartered, by the following federal bank regulatory agencies: the Office of the Comptroller of the Currency (Comptroller), the Federal …

Activity Of An Identified Histaminergic Neuron, And Its Possible Role In Arousal Of Feeding Behavior In Semi-Intact Aplysia, Hillel J. Chiel

Faculty Scholarship

The possible functions of histaminergic neuron C2 were studied in an isolated head preparation from which it was possible to obtain intracellular recordings while the buccal mass exhibited feeding-like responses. Application of food to the lips of the isolated head preparation elicited rhythmic buccal movements that appeared to be ingestion responses, since they moved seaweed into the buccal cavity and towards the esophagus, and their frequency and regularity was similar to the ingestion responses studied in a group of intact animals. The ingestion responses of the buccal mass consisted of 2 main phases of movement of the radula from a …

Can Regulators Of International Capital Markets Strike A Balance Between Competing Interests?, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Justice William J. Brennan, Jr.: A Justice For All Seasons, Joel Gora

Faculty Scholarship

No abstract provided.

Can Regulators Of International Capital Markets Strike A Balance Between Competing Interests, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

The Iran-United States Claims Tribunal 1981-1983, Lori Fisler Damrosch

Faculty Scholarship

It is in the nature of publishing schedules that this volume of papers presented at a colloquium in April of 1983 was printed in 1984, distributed in 1985, and reviewed in an issue to appear in early 1986. Those who have actively followed the work of the Iran-United States Claims Tribunal are necessarily familiar with a large portion of the contents of this book. Not only were three of the seven chapters previously published elsewhere, but much of the descriptive and some of the analytical material throughout the book has been dealt with in a more timely fashion in the …

The Perils Of Privilege: Waiver And The Litigator, Richard L. Marcus

Faculty Scholarship

No abstract provided.

The Official Texas Court Reports: Birth, Death And Resurrection, Jim Paulsen, James Hambleton

Faculty Scholarship

Texas, like a number of other states, has ceased publication of its "official" reporters- -Texas Reports on the civil side and Texas Criminal Reports for criminal cases. What, then, is the "official" version of a Texas Supreme Court or Court of Criminal Appeals decision today? The Southwestern Reporter? Southwestern Reporter: Texas Cases? The Texas Supreme Court Journal? Perhaps the original signed typescript on record in the court clerk's office?

The answer, as the reader may have guessed, is "none of the above." But, as we shall see, a current "official" source for court opinions is, in …

Is Proof Of Statistical Significance Relevant?, David H. Kaye

Faculty Scholarship

The classic treatises on evidence note that the court or jury must weigh the evidence, and upon weighing it, determine whether the plaintiff or the defendant prevails. Some courts, however, have indicated that statistical evidence should not be admitted unless it is subjected to a procedure known as 'hypothesis testing.' There are many rather mechanical procedures for performing these tests and a number of judges, attorneys, and law professors have suggested that hypothesis testing provides an objective, scientific means of settling disputed questions on which statistical evidence is brought to bear. Yet, many circumstances arise in which courts or administrators …

Crime Talk, Rights Talk, And Double-Talk: Thoughts On Reading Encyclopedia Of Crime And Justice (Review Essay), Michael E. Tigar

Faculty Scholarship

No abstract provided.

From The Editor: Gold-Collar Librarians, Richard A. Danner

Faculty Scholarship

No abstract provided.

Shareholders Versus Managers: The Strain In The Corporate Web, John C. Coffee Jr.

Faculty Scholarship

"We have entered the era of the two-tier, front-end loaded, bootstrap, bust-up, junk-bond takeover." —Martin Lipton

Until recently, takeovers typically involved larger firms digesting smaller firms, a process that most theorists have assumed was driven by the pursuit of synergistic gains. Lately, however, this dynamic has dramatically reversed itself. To a considerable extent, the large conglomerate is now the target, and such prototypical conglomerate firms as General Foods, Richardson-Vicks, Beatrice, Revlon, SCM, CBS,USX, and Anderson, Clayton and Co. have either been acquired or forced to restructure themselves within the last three years alone. The new bidder in turn tends to …

To Whom Does The Government Lawyer Owe The Duty Of Loyalty When Clients Are In Conflict, William Josephson, Russell G. Pearce

Faculty Scholarship

This Article focuses on the continuing debate on the ethical obligations of government lawyers: do government lawyers represent the people or do they represent a client? The Article explains that the dominant conception that government lawyers represent the people actually results in government lawyers representing themselves. After examining alternative approaches to determining the identity of the government lawyer’s client, the Article concludes that only one approach is consistent with both the ethical rules and our republican system of government. The government lawyer’s client properly understood is an elected official or, in certain cases, an agency head with legal authority independent …

The Dangers Of The Graduate School Model, Paul D. Carrington

Faculty Scholarship

No abstract provided.

From The Editor: Teaching Legal Research, Richard A. Danner

Faculty Scholarship

No abstract provided.

From The Editor: On Bibliographies, Richard A. Danner

Faculty Scholarship

No abstract provided.

Employer-Provided Child Care Under Title Vii: Toward An Employer’S Duty To Accommodate Child Care Responsibilities Of Employees, Catherine Fisk

Faculty Scholarship

No abstract provided.

Joint Custody, Feminism And The Dependency Dilemma, Katharine T. Bartlett, Carol B. Stack

Faculty Scholarship

No abstract provided.

The Trial Of John Peter Zenger, Michael E. Tigar

Faculty Scholarship

No abstract provided.

The Enduring Contributions Of Professor Nimmer, J. H. Reichman

Faculty Scholarship

No abstract provided.

The Struggle For Judicial Independence In Antebellum North Carolina: The Story Of Two Judges, Walter F. Pratt Jr.

Faculty Scholarship

No abstract provided.

Victim, Offender, And Situational Characteristics Of Violent Crime, Deborah W. Denno

Faculty Scholarship

The examination of offenses rather than offenders in past research often overlooked the importance of offender characteristics and background. Indeed, a growing body of research suggests that the biological or psychological characteristics of offenders may strongly influence the outcome of particular encounters or future offense behavior. For instance, offenders with poor verbal ability or low school achievement scores may be more prone to repeat confrontational violence, irrespective of the characteristics of the victim or the situation of the offense. Thus, it is important to distinguish between those offenders with short or repeat offense histories, and those offenses which do or …

Revolutionary Constitutionalism In The Era Of The Civil War And Reconstruction , Robert J. Kaczorowski

Faculty Scholarship

The meaning and scope of the fourteenth amendment and the Civil Rights Act of 1866 remain among the most controversial issues in American constitutional law. Professor Kaczorowski contends that the issues have generated more controversy than they warrant, in part because scholars analyzing the legislative history of the amendment and statute have approached their task with preconceptions reflecting twentieth century legal concerns. He argues that the most important question for the framers was whether national or state governments possessed primary authority to determine and secure the status and rights of American citizens. Relying on records of the congressional debates as …

New Rules: A Pocket Introduction, James Hambleton, Jim Paulsen

Faculty Scholarship

All in all, though, the new Rules of Appellate Procedure, effective Sept. 1, 1986, should be welcomed by bench and bar alike. The cooperation of this state's two high courts has produced a coordinated system of rules that should reduce confusion among attorneys and court personnel. In the process, the rules formerly applicable only to civil appeals have been reorganized, and are now presented in a format that more logically follows the flow of an appeal.

Negligence, Causation And Information, Stephen G. Marks

Faculty Scholarship

This note suggests a model to unify, in a simple information-based framework, the notion of negligence and the various notions of causation. In effect, the model demonstrates that negligence, probabilistic cause and cause-in-fact represent an identical concept applied to different information sets. This note uses the unified framework to develop a simple algorithm for the practical application of the principles of causation in the law of negligence.

Into The Hands Of Strangers, George J. Annas

Faculty Scholarship

Movie critic David Denby has asserted that American theatergoers are a "professional avant-garde audience" who "cannot be shocked by what others would find unintelligible... [and] have lost the capacity for outrage."' This analysis of American theater can be aptly applied to clinical medical education.

I assume almost every nonmedical professional reading "Death at a New York Hospital" will be horrified and outraged at the "treatment" Ms. Hewitt was subjected to in the hospital. Many physicians will too; but it is likely that more will be as understanding of the actions of the intern and residents as was Dr. A, the …

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

Faculty Scholarship

No abstract provided.

Avoidance Of Completed Real Estate Foreclosures In Bankruptcy, William H. Henning, Grant S. Nelson

Faculty Scholarship

The Eighth Circuit has ruled that in certain situations noncollusive real estate foreclosures can be set aside as fraudulent conveyances. This theory has generated considerable debate, but even if it is reversed legislatively trustees may be able to obtain comparable results under a preference theory.

A Truce In The Takeover Wars?, Gary S. Lawson

Faculty Scholarship

To a casual observer, hostile corporate takeovers may seem as pointless and destructive a form of modern warfare as the Iran/Iraq conflict. "Raiders" strike with bear hugs, junk bonds, and two-tier tender offers. Incumbent managers respond with poison pills, greenmail payments, shark repellents, and golden parachutes. Congress is wearying of the strife, and may soon impose a cease-fire on the combatants -but to whose benefit?