Digital Commons Network^™

Nonjudicial Foreclosure Under Deed Of Trust May Be A Fraudulent Transfer Of Bankrupt's Property: Durrett V. Washington National Insurance Co., Franklin G. Snyder

Faculty Scholarship

In theory, the substantive rights of secured creditors such as mortgagees are affected much less by bankruptcy proceedings than those of unsecured creditors. In practice, however, bankruptcy proceedings have affected mortgagees. Filing a bankruptcy petition automatically stays pending foreclosures. Trustees in bankruptcy also can set aside foreclosures of certain liens obtained by unsecured creditors and certain mortgages and deeds of trust executed in the year preceding bankruptcy. The decision in Durrett adds yet another weapon to the bankruptcy trustee's arsenal: the power to void nonjudicial foreclosure sales even though the sale is proper and final under state law.

The Scope Of Section 1985(3) In Light Of Great American Federal Savings And Loan Association V. Novotny: Too Little Too Late?, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

Book Review (Reviewing Bruce A. Ackerman & William T. Hassler, Clean Coal/Dirty Air (1981)), John C. Dernbach, Thomas Y. Au

Faculty Scholarship

No abstract provided.

Life And Death Decisions In The Nursery: Standards And Criteria For Withholding Lifesaving Treatment From Infants, Steven R. Smith

Faculty Scholarship

That the conduct of human affairs does not always conform to the requirements of the law is a surprise to no one. But in few areas of critical life and death decisions is there such a disparity between commonly recognized principles of law and developing medical practice as exists in the area of withholding lifesaving medical care from infants, notably defective infants. The law is said to restrict physicians and parents from withholding lifesaving treatment from infants for the purpose of causing their deaths. Yet it is reported that it is not uncommon for lifesaving treatment to be denied severely …

In Situ Growth Rates Of The Scleractinian Coral Oculina Varicosa Occurring With Zooxanthellae On 6-M Reefs And Without On 80-M Banks., John K. Reed

Faculty Scholarship

Rates of linear branch extension were determined for Oculina varicosa for one year on a nearshore, shallow-water reef (6 m] and on a shelf-edge. 0. varicosa coral bank (80 m) off central eastern Florida, U.S.A. Both site and season had a significant effect on growth with most of the variability due to the site factor. Linear branch growth was significantly greater at 80 m (x=16.1 mm/yr) than at 6 m (x= 11.3 mm/yr) although temperature was significantly lower at 80 m than 6 m (x=16.2, 24.6° C, respectively). The growth of the 6-m coral, possessing zooxanthellae, showed a negative response …

Community Composition, Structure, Areal And Trophic Relationships Of Decapods Associated With Shallow- And Deep-Water Oculina Varicosa Coral Reefs: Studies On Decapod Crustacea From The Indian River Region Of Florida, Xxiv., John K. Reed, R. H. Gore, L. E. Scotto, Kim A. Wilson

Faculty Scholarship

Decapod crustaceans associated with living colonies of the scleractinian coral Oculina varicosa were sampled quantitatively for I year at 4 reef stations encompassing depths of 6, 27, 42, and 80 m off the central eastern Florida coast. A total of 42 samples of individual colonies yielded over 2,300 decapods in 15 families, 35 genera and 50 species, and was species-rich in xanthid and majid crabs (10, 6 spp., respectively), and alpheid shrimp (9 spp.). The community was predominantly anomuran with two species of hermit crabs (Pagurus carolinensis, P. piercei), a porcellanid crab (Megalobrachium soriatum) and a galatheid crab (Galathea rostrata) …

The Competency Of Children And Adolescents To Make Informed Treatment Decisions, Lois A. Weithorn, Susan B. Campbell

Faculty Scholarship

No abstract provided.

Foreign Investors Real Property Tax Act: Historical Perspective And Critical Evaluation, William D. Metzger

Faculty Scholarship

This Article first discusses the United States tax treatment of foreigners generally and the pre-Foreign Investors Real Property Tax Act withholding and taxation scheme with respect to foreign investment in United States real estate. Then follows a discussion of the several ways in which foreign investors were, before the Act, able to avoid tax on the disposition of United States real estate and a critical evaluation of the Act's response to those avoidance methods. Finally, a discussion of the Act's enforcement provisions and a general discussion of withholding of tax on nonresidents is provided.

Free Speech, Property, And The Burger Court: Old Values, New Balances, Joel Gora, Norman Dorsen

Faculty Scholarship

No abstract provided.

Judicial Experimentation With A Strict Products Liability Rule: A Comparison Of The Law In The United Kingdom, Louisiana, And United States' Common Law Jurisdictions, Thomas E. Carbonneau, Catherine Garvey

Faculty Scholarship

Since the mid-nineteenth century, products liability law has undergone significant modifications. The applicable doctrine has oscillated between contract and tort theories; fault and no-fault liability schemes have competed for predominance. Despite attempts to create an internationally accepted liability norm, different legal systems continue to espouse differing perceptions of the liability formula in the products area. In addition, even in jurisdictions in which courts adhere to identical liability theories, there is disagreement as to the application and implications of the same standard. This article attempts to set the shifting doctrinal character of products liability analysis into a comparative perspective principally between …

The Skokie Legacy: Reflections On An "Easy Case" And Free Speech Theory, Lee C. Bollinger

Faculty Scholarship

Few legal disputes in the last decade captured public attention with such dramatic force as that involving a small band of Nazis and the village of Skokie. For well over a year, the case was seldom out of the news and often thought to merit front page coverage. It all began in the spring of 1977 when Frank Collin, the leader of the Chicago-based National Socialist Party of America, requested a permit to march in front of the Skokie village hall. The community, with a Jewish population of over 40,000, several thousand of whom had survived the Holocaust, mobilized all …

The International Legal Status Of Foreign Government Deposits In Overseas Branches Of U.S. Banks, Robert B. Owen, Lori Fisler Damrosch

Faculty Scholarship

Political as well as economic forces can lead governments to default on their obligations to foreign banks. For example, the demand of the revolutionary government of Iran that the United States return he former Shah and his wealth to Iran and the subsequent seizure of American embassy personnel in Tehran on November 4, 1979, were political events which quickly resulted in a default on Iranian obligations to U.S. banks.

Following the embassy seizure, the status of the Iranian Government's huge deposits in overseas branches of U.S. banks quickly came into question. In an effort to coerce the United States to …

Reflections On Contract Law And Distributive Justice: A Reply To Kronman, William K.S. Wang

Faculty Scholarship

No abstract provided.

Managing Flood Risk: Technical Uncertainty In The National Flood Insurance Program, Michael S. Baram, J. Raymond Miyares

Faculty Scholarship

Congress established the National Flood Insurance Program ("NFIP")² to prevent flood damage and to provide relief after such damage has occurred. The NFIP is administered by the Federal Emergency Management Agency ("FEMA" or "Agency") ³ and has become a major influence on state and local land use regulation and a critical factor in private land use decisions across the nation.

This innovative program seeks to control the risk of flood damage by inducing local government to take land use control and other "police power" measures. It offers, as the inducement for such measures, the availability of federal flood insurance …

The Emerging Stowaway: Patients' Rights In The 1980s, George J. Annas

Faculty Scholarship

At one point in Edgar Allan Poe's Narrative of Arthur Gordon Pyr of Nantucket, Pym, who has stowed away in the hold of a whaling vessel, believes he has been abandoned and that the hold will be his tomb. He expressed sensations of "extreme horror and dismay," and "the most gloomy imaginings, in which the dreadful deaths of thirst, famine, suffocation, and premature interment, crowded in as the prominent disasters to be encountered."

The Foreign Sovereign Immunities Act And The Pursued Refugee: Lessons From Letelier V. Chile, Michael E. Tigar

Faculty Scholarship

No abstract provided.

‘The State’ And Other Basic Terms In Public Law, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.

Environmental Law (1982), H. Dennis Kelly

Faculty Scholarship

During the survey period the major cases dealing with environmental law arose under one or both of two environmental statutes. This Article will first discuss the cases which arose under the National Environmental Policy Act of 1969. The second section of the Article will survey the cases decided under the Federal Water Pollution Control Act Amendments of 1972.

Renormalization Of The Vortex Diffusion Constant In Superfluid Films, Rolfe G. Petschek

Faculty Scholarship

We study the dynamics of vortices in superfluid helium films, using a phenomenological Langevin equation to account for diffusive as well as convective motion of vortices. We show that in the long-wavelength limit, dynamic screening effects give rise to a renormalization of the diffusion constant, while the convective parameter remains unchanged. The critical behavior is analyzed with renormalization-group methods. In the limit TTc-, we find a universal cusp singularity for the diffusion constant, reaching a finite value at Tc.

Parents' Rights And Juvenile Court Jurisdiction: A Review Of Before The Best Interests Of The Child, Stanley Z. Fisher

Faculty Scholarship

This new book¹ by the authors of Beyond the Best Interests of the Child² also makes a major contribution to the field of family law. Concentrating this time on the subject of child neglect and abuse, the authors mount a powerful attack on state intrusion into families under current child protection laws. Like Beyond the Best Interests, this book has attracted wide attention and provoked intense controversy. It should be read by all those concerned about the law's impact on children and families.

Resonant Structure In The Π⁺ Π⁺Π‾ Π‾ System Between 1.5 And 1.9 Gev, F. A. Dibianca, William J. Fickinger, J. A. Malko, D. K. Robinson

Faculty Scholarship

Resonant structure is studied in the 1.5-to-1.9-GeV mass region of the neutral four-pion system in the reaction π+n→pπ+π+π-π- at 6 GeV/c incident momentum. The ρ0 and A2± content are determined as a function of the four-pion mass. The 4π mass spectrum is best fitted by two resonances, both of which decay predominantly into ρ0π+π-, each with evidence for an appreciable A2π component.

Mccormick On Evidence And The Concept Of Hearsay: A Critical Analysis Followed By Suggestions To Law Teachers, Roger C. Park

Faculty Scholarship

No abstract provided.

The Dismantling Of Higher Education Part 1, William K.S. Wang

Faculty Scholarship

No abstract provided.

Monrad G. Paulsen, Michael I. Sovern

Faculty Scholarship

Nothing made Monrad happier than bringing together two people he loved whose lives had not previously intersected and seeing a new friendship blossom. I owe some of the most satisfying relationships of my life to that wonderful taste. And I see its fruits all over this room today. Monrad would be overjoyed if he could see us all together.

From Tort To Crime: Some Reflections On The Criminalization Of Fiduciary Breaches And The Problematic Line Between Law And Ethics, John C. Coffee Jr.

Faculty Scholarship

Within the context of mail and wire fraud prosecutions, criminal liability for breach of fiduciary duties is being imposed with increasing frequency. Professor Coffee discusses the disturbing failure of the courts to require that the fiduciary's conduct have caused legally cognizable harm to the beneficiary. He concludes that an affirmative defense should be available to fiduciaries to show the lack of proximate cause between a breach and the injury. In addition, federal enforcement should occur only after state and private remedies have proven inadequate.

Paradoxes, Gedanken Experiments And The Burden Of Proof: A Response To Dr. Cohen's Reply, David H. Kaye

Faculty Scholarship

This article responds to L. Jonathan Cohen's critique of the author's position regarding the problem of naked statistical evidence. Cohen argues that the kind of probability at work in litigation does not conform to the axioms of mathematical probability. The author responds by suggesting that the familiar theory of probability needs no revision to account for the reluctance of a few courts to permit plaintiffs to prevail on the strength of background statistics alone. One need not adopt Dr. Cohen's esoteric mathematical structure to explain the burden of proof in civil cases. The article shows that whether or not one …

Silence As A Moral And Constitutional Right, Kent Greenawalt

Faculty Scholarship

Like the Fourth Amendment ban on unreasonable searches and seizures, the privilege against self-incrimination stands as a barrier to the government's acquisition of information about criminal activities. The moral analogue in private relations to the Fourth Amendment right is quite straightforward. One person should not rummage about the private spaces of another seeking signs of bad behavior unless he has very powerful reasons. The Fourth Amendment similarly limits the government, generally permitting searches only upon probable cause. The private moral analogue to the Fifth Amendment's right of silence is harder to identify, its analysis is more complex and the judgments …

Analytical And Comparative Variations On Selected Provisions Of Book One Of The Louisiana Civil Code With Special Consideration Of The Role Of Fault In The Determination Of Marital Disputes, Thomas E. Carbonneau

Faculty Scholarship

This article is intended to be a type of "structuralist" commentary upon selected provisions in Book I of the Louisiana Civil Code. Its sole purpose is to illustrate, both for pedagogical and doctrinal reasons, some of the analytical difficulties to which these code provisions might give rise when they are read in a close textual fashion. It should be emphasized that this study is a textual commentary and not a historical assessment of the sources or origins of the code texts – the latter analysis is outside the purview of the present endeavor.

Accordingly, this article consists of a critical …

Regulatory Reform In A Time Of Transition, Peter L. Strauss

Faculty Scholarship

As Americans have become both disheartened at the performance of their governments and conscious of their penetration into what were once private lives, regulatory reform has been urged with increasing fervor at both federal and state levels. Some of the reform talk is lawyer's talk, some of it is directed to the most fundamental aspects of the government order, and there is a good bit in between. My purpose here is to examine a number of the directions being suggested at the federal level for regulatory reform during the coming decade. While it would be helpful also to consider state …

Competency To Stand Trial Under The Senate And House Proposed Revisions Of The Federal Criminal Code, Leo M. Romero

Faculty Scholarship

In 1980 the judiciary committees of the Senate and the House of Representatives reported bills revising the federal criminal code. Although neither of these bills was enacted by the Ninety-Sixth Congress, they represent the culmination of efforts, over a period of a decade, to revise and reform the federal criminal laws in a comprehensive code.