Digital Commons Network^™

Intoxication As A Defense In Workmen’S Compensation, Arthur Larson

Faculty Scholarship

No abstract provided.

Haunting Shadows From The Rubble Of Roe’S Right Of Privacy, Jacqueline Nolan-Haley

Faculty Scholarship

No abstract provided.

Environmental Protection By Coastal States: The Paradigm From Marine Transport Of Petroleum, Joseph Sweeney

Faculty Scholarship

No abstract provided.

"Uncle Sam", The Product Safety Man: Consumer Product Safety Standards In The Marketplace And In The Courts, Marsha N. Cohen, James A. Brodsky

Faculty Scholarship

No abstract provided.

Volunteering Children: Parental Commitment Of Minors To Mental Institutions, James W. Ellis

Faculty Scholarship

In most states,' parents may commit their children to mental institutions without a hearing or any other form of judicial scrutiny. If a parent wants a child committed, and a hospital will accept the child as a patient, no legal authority will hear the child's protest. Moreover, the child-patient has no standing to petition for release from the institution until he or she reaches the statutory age of majority. Until that time any request for discharge must be made by the parent. Thus, the minor admitted to a mental hospital on application of a parent is denied access to virtually …

An Obvious Wrong Does Not Make A Right: Manufacturers’ Liability For Patently Dangerous Products, Patricia Marschall

Faculty Scholarship

No abstract provided.

Observation Of The Decay Ƒ⁰→Π⁺ Π⁺Π‾ Π‾, J. Diaz, F. A. Dibianca, William J. Fickinger, D. K. Robinson, C. R. Sullivan

Faculty Scholarship

We have observed the decay mode f0→π+π+π-π- and determined the branching ratio Γ(f0→π+π+π-π-)/Γ(f0→π+π-)=(5.5±1.0)×10-2.

Study Of The Reaction Π⁺N→Ωp At 6.0 Gev/C, J. Diaz, F. Dibianca, William J. Fickinger, D. K. Robinson

Faculty Scholarship

An analysis of the reaction π+n -> wp in a 6.0 GeV/c bubble chamber experiment is presented. The production differential cross section and spin density matrix elements are compared with Regge exchange models.

Technology Assessment And Social Control, Michael S. Baram

Faculty Scholarship

The emerging concepts of corporate responsibility and technology assessment are, to a considerable extent, responses to problems arising from technological developments and their applications by industry and government. These problems appear in the relatively discrete sectors of consumer protection and occupational safety and in the diffuse sectors of community quality of life and the national and international environments.

The Past As Prologue: A History Of The Right To Repossess, James R. Mccall

Faculty Scholarship

No abstract provided.

The Espionage Statutes And Publication Of Defense Information, Harold Edgar, Benno C. Schmidt Jr.

Faculty Scholarship

We began this lengthy study of the espionage statutes with grand designs. Our original goal, suggested by the Pentagon Papers litigation, was to elaborate the extent to which constitutional principles limit official power to prevent or punish public disclosure of national defense secrets. But this plan was short-lived. The more we considered the problem, the more convinced we became that the central issues are legislative. The first amendment provides restraints against grossly sweeping prohibitions, but it does not, we believe, deprive Congress of considerable latitude in reconciling the conflict between basic values of speech and security.

Exchange Control, Liberalization, And Economic Development, Jagdish N. Bhagwati, Anne O. Krueger

Faculty Scholarship

This paper highlights results of the National Bureau of Economic Research's (NBER) research project on exchange control, liberalization and economic development from 1970-1973. Initial adoption of exchange controls was generally an ad hoc response to external events. The optimal resource allocation dictum – that the marginal cost of earning foreign exchange should be equated with the marginal cost of saving foreign exchange – was generally abandoned in favor of saving foreign exchange at all costs. An export-oriented development strategy generally entails relatively greater use of indirect, rather than direct, interventions. There is considerable evidence from the individual country studies that …

On Privacy: Constitutional Protection For Personal Liberty, Susan Herman, L. Simonson

Faculty Scholarship

No abstract provided.

The Fourth Amendment At The Airport: Arriving, Departing Or Cancelled?, Joel Gora

Faculty Scholarship

No abstract provided.

Collateral Challenges To Criminal Convictions, Keith G. Meyer, Larry Yackle

Faculty Scholarship

The Kansas Defender Project is a clinical program sponsored by the University of Kansas School of Law. The Project provides student legal services to indigent prison inmates at the United States Penitentiary at Leavenworth and the Kansas State Penitentiary at Lansing, Kansas. Launched in 1965 through the efforts of Paul E. Wilson, Kane Professor of Law, the Project has since been a model for similar clinical undertakings at law schools across the country.

Part Ii: Procedural Law - Evidence (1973), Frank W. Elliott

Faculty Scholarship

During the past year the cases of greatest significance in the law of evidence seem to fall under the general classification of hearsay. Each of the cases selected for examination considers several exceptions to the hearsay rule.

The Suicide Defense In Workmen’S Compensation, Arthur Larson

Faculty Scholarship

No abstract provided.

Revenue Sharing—New American Revolution Or Trojan Horse?, Otto G. Stolz

Faculty Scholarship

No abstract provided.

Conflict Of Laws In Workmen’S Compensation, Arthur Larson

Faculty Scholarship

No abstract provided.

Basic Concepts & Objectives Of Workmen’S Compensation, Arthur Larson

Faculty Scholarship

No abstract provided.

Uncertain Rule Of Certainty: An Analysis And Proposal For A Federal Evidence Rule, The , Michael M. Martin

Faculty Scholarship

Two characteristic principles of Anglo-American evidence law are the requirement that witnesses testify only to their personal observations (the "first-hand knowledge" rule) and the prohibition against witnesses testifying to their inferences (the "opinion" rule). However, a longstanding exception to these principles permits witnesses possessed of skill or learning to draw inferences, often from facts they have not personally observed. Because such expert opinion testimony is exceptional, it is hedged about with various restrictions in addition to those such as relevancy which apply to all testimony. The predicate for admission of expert opinion testimony generally consists of two elements. First, the …

Workmen's Compensation: The Aggressor Defense Resurrected, Gail Boreman Bird

Faculty Scholarship

No abstract provided.

Debate, The Right To Treatment: Encounter And Synthesis, Aaron Twerski

Faculty Scholarship

No abstract provided.

Deductibility Of Expenses For Child Care And Household Services: New Section 214, Alan L. Feld

Faculty Scholarship

It is increasingly common to find families composed of husband, wife and young children, where both husband and wife are gainfully employed. For some, this pattern is regarded as preferable to the older "ideal" family, where the husband was the sole breadwinner and the wife cared for the children, performed household chores and perhaps engaged in social or charitable activities. Where both spouses are gainfully employed, it is often necessary for the family to employ household help to care for the children and do the housework. These expenditures are "necessary" to the gainful employment of both spouses in the sense …

The Social Security-Workmen’S Compensation Offset In Practice, Arthur Larson

Faculty Scholarship

No abstract provided.

Book Review: Reconstruction And Reunion, 1864-88, Part One, David S. Bogen

Faculty Scholarship

No abstract provided.

The Heckscher-Ohlin Theorem In The Multi-Commodity Case, Jagdish N. Bhagwati

Faculty Scholarship

Ronald Jones, in his seminal paper (1957) on Heckscher-Ohlin theory, has argued that, for the case of two countries, two factors, and several commodities, the Heckscher-Ohlin theorem would remain valid in the following weak sense: "Ordering the commodities with respect to the capital-labor ratios employed in production is to rank them in order of comparative advantage. Demand conditions merely determine the dividing line between exports and imports; it is not possible to break the chain of comparative advantage by exporting, say, the third and fifth commodities and importing the fourth when they are ranked by factor intensity" (p. 85).

It …

Privacy Versus Parens Patriae The Role Of Police Records In The Sentencing And Surveillance Of Juveniles, John C. Coffee Jr.

Faculty Scholarship

The purpose of this article is to examine juvenile record systems maintained by police authorities. A primary thesis is that current procedures governing the creation and dissemination of such records are so severely misguided by underlying parens patriae concepts that they often result in the purposeless stigmatization of a far greater range of youths than the juvenile justice system has any justification in attempting to deal with. Indeed, increasing evidence suggests that the net effect of such record keeping is to ensure that many of the subject juveniles will mature into confirmed delinquents.

The Relationship Between Promise And Performance In State Intervention In Family Life, Peter L. Strauss, Millard L. Midonick, Nanette Dembitz, Harriet F. Pilpel, David J. Rothman

Faculty Scholarship

JUDGE MIDONICK: We have a fantastic representation of our alumni here and we've overdone our 10:00 starting time and we're supposed to stop at 12:00 promptly in order for us to go to the Low Memorial Library for lunch, for those who are having lunch with us. In order to be on time for this afternoon's extravaganza we really ought to begin now. You must understand this program is entirely unrehearsed and therefore will be more interesting. We have with us today a panel of four whom I will introduce as they are to speak. The first speaker will speak …

The Legal And Regulatory Framework For Thermal Discharge From Nuclear Power Plants, Michael S. Baram

Faculty Scholarship

As the rate of electricity generation increases, and as more nuclear power plants-in contrast to fossil fuel and hydro-electric facilities-are built to meet power needs, the use of cooling water and its subsequent discharge in heated states into the environment is expected to rise to massive levels. Estimates of future cooling water use vary and are subject to technical and economic developments, but by 1990, between 640 and 850 billion gallons per day are expected to be required. This range of water use can be roughly equated to one-half to three fourths of the average daily run-off of fresh water …