Digital Commons Network^™

European Court Of Human Rights Case Comments, ‘Salgueiro Da Silva Moutav’ And ‘A.D.T. V. United Kingdom’, Laurence R. Helfer

Faculty Scholarship

No abstract provided.

Privatizing “Outsider Trading”, Kimberly D. Krawiec

Faculty Scholarship

No abstract provided.

Deferral: Consider Ending It Instead Of Expanding It, J. Clifton Fleming Jr.

Faculty Scholarship

No abstract provided.

The Right To Silence Helps The Innocent: A Game-Theoretic Analysis Of The Fifth Amendment Privilege, Alex Stein, Daniel J. Seidmann

Faculty Scholarship

No abstract provided.

Intergenerational Community Schools: A New Practice For A New Time, Peter J. Whitehouse

Faculty Scholarship

This article outlines the concept and initial implementation of an intergenerational learning community (ILC), a new charter school concept, and reviews relevant literature. We discuss the mission, curriculum, educational design, philosophy, and lessons learned from initial implementation of The Intergenerational School (TIS). Such multiage communities of learners represent a conceptual and organizational response to the challenges that rapid cultural and environmental change and resultant alienation are posing for human societies. © 2000 Taylor and Francis Group, LLC.

Soul For Sale: An Empirical Study Of Associate Satisfaction, Law Firm Culture, And The Effects Of Billable Hour Requirements, Susan Saab Fortney

Faculty Scholarship

This article analyzes the results of an empirical study to illustrate the effect of billable hour requirements on associate satisfaction and law firm culture. Part I briefly describes the survey design and the general profile of the survey respondents. Part II discusses current billing practices and pressures analyzing the study results related to billing expectations and guidance as well as firm culture and work alternatives. Using findings from the study, Part III considers the detrimental micro and macro effects of increasing billable hour expectations. Part IV proposes various steps and measures that can be taken to address the negative consequences …

Electric Field-Induced Acoustic-Optic Mode Coupling In An Anticlinic Liquid Crystal, Shiyong Zhang, Rolfe G. Petschek, Charles Rosenblatt

Faculty Scholarship

A dc electric field was applied perpendicular to the tilt plane of a pitch-compensated (unwound helix) anticlinic liquid crystal. By means of quasielastic light scattering, the field was found to couple the acoustic and optic Goldstone modes, resulting in an increase of the relaxation time τβ of the acoustic like eigenmode. Elastic constants were estimated from the relaxation time data.

The Constitution Outside The Courts, James E. Fleming

Faculty Scholarship

In this Book Review, Professor Fleming examines Professor Tushnet's arguments against judicial supremacy and in support of making constitutional interpretation less court-centered to pursue a populist constitutional law. The review concedes that Professor Tushnet's arguments that the “thick Constitution”--in particular, its commitments to federalism, states' rights, and separation of powers--is self-enforcing through the political processes are compelling. But it contends that he fails to make the case that the “thin Constitution”--for example, its fundamental guarantees of equality, freedom of expression, and liberty-- should be treated as similarly self-enforcing. Furthermore, Professor Fleming charges that Professor Tushnet does not adequately elaborate how …

The Floodgates Of Strict Liability: Bursting Reservoirs And The Adoption Of Fletcher V. Rylands In The Guided Age, Jed Handelsman Shugerman

Faculty Scholarship

Part I presents an overview of Rylands v. Fletcher and then discusses the phases of the American response: the initial acceptance; the Northeastern rejections in the 1870s, which have been the basis for the erroneous scholarly conclusions; and the overlooked tide of acceptances across the country, beginning in the late 1880s and increasing in the 1890s. Part II places this wave of acceptance in its historical context of changing social forces, although these brief sketches are not the primary emphasis of this Note. First, during a period of rapid urbanization, a small number of courts sought to protect residential areas …

The Skills Of The Unskilled In The American Industrial Revolution, James Bessen

Faculty Scholarship

Were ordinary factory workers unskilled and was technology "de-skilling" during the Industrial Revolution? I measure foregone output to estimate the human capital investments in mule spinners and power loom tenders in ante-bellum Lowell. These investments rivaled those of craft apprentices, suggesting a different view of industrial technology. Accounting for skill, multi-factor productivity growth was negligible, contrary to previous findings. From 1834-55, firms made increasing investments in skill, allowing workers to tend more machines and generating rapid growth of per-capita output. This growing investment was motivated partly by changing factor prices and more by a changing labor supply. Calculations show that …

2000 Survey Of Florida Law: Real Property, Ronald B. Brown, Joseph M. Grohman

Faculty Scholarship

No abstract provided.

Greater Than The Sum Of Its Parts: Integrating Trial Evidence & Advocacy, Alan D. Hornstein, Jerome E. Deise

Faculty Scholarship

No abstract provided.

Takings, Efficiency, And Distributive Justice: A Response To Professor Dagan, Glynn S. Lunney Jr

Faculty Scholarship

In a recent article, Professor Hanoch Dagan argues that courts should incorporate the principle of distributive justice into their decisions as to whether a particular property owner should receive compensation in response to a government-imposed redistribution of property. To that end, he proposes a concept called "progressive" compensation that he believes will better serve distributive justice than present doctrine while at the same time improving the efficiency of governmental decision-making. This Essay questions key aspects of Professor Dagan's analysis, proposes as an alternative a uniform few-many rule for resolving takings issues. If funded through progressive taxation, such a rule would …

E-Obviousness, Glynn S. Lunney Jr

Faculty Scholarship

In 1790, Congress enacted the first patent statute and imposed two substantive requirements before a patent could issue: novelty and utility. Administrators of the patent system, however, recognized from the outset that patents ought not be granted for every trivial advance in an art; some more substantial improvement was required In 1851, the Court formally tied this third substantive requirement for patentability to the language of the Constitution by distinguishing minor improvements reflecting "the work of the skilful mechanic" from substantial improvements reflecting "[the work] of the inventor."

In 1952, Congress formally incorporated this third requirement, mandating substantial improvements, into …

Bend Elasticity Of Mixtures Of V-Shaped Molecules In Ordinary Nematogens, Mohammad Reza Dodge, Charles Rosenblatt, Rolfe G. Petschek

Faculty Scholarship

Freedericksz measurements were performed on mixtures of a nematic mesogen and a V-shaped molecule. The bend elastic constant was found to decrease significantly with increasing concentration of the V-shaped molecule. The results are discussed theoretically, taking into account the detailed structure of the molecules.

On Equality, Bias Crimes, And Just Deserts, Kenneth Simons

Faculty Scholarship

In a recent article, Professors Alon Harel and Gideon Parchomovsky propose to widen the focus of criminal law beyond the culpability of the offender and the wrongdoing he commits. Criminal law, they believe, should also encompass the state's special egalitarian duty to protect the interests of the most vulnerable victims of crime. They offer this suggestion for two reasons - to give a convincing justification of bias crime legislation, which they claim a retributivist approach cannot do; and, more broadly, to remedy retributivism's supposedly inadequate attention to the interests of crime victims.

Although these egalitarian goals are worthy, the authors' …

From Pirates To Partners: Protecting Intellectual Property In China In The Twenty-First Century, Peter K. Yu

Faculty Scholarship

During the late 1980s and early 1990s, the United States repeatedly threatened China with a series of economic sanctions, trade wars, non-renewal of most-favored-nation status, and opposition to entry into the World Trade Organization. Such threats eventually led to compromises by the Chinese government and the signing of intellectual property agreements in 1992, 1995, and 1996. Despite these agreements, intellectual property piracy remains rampant in China.

Although China initially had serious concerns about the United States's threats of trade sanctions, the constant use of such threats by the U.S. government has led China to change its reaction and approach. By …

Book Review - Reviewing William D. Popkin, Statutes In Court: The History And Theory Of Statutory Interpretation (1999), Stephen R. Alton

Faculty Scholarship

Book Review Extract:

In his well-written and well-argued book, William D. Popkin delivers on the promise denoted in his title. Part I of the book details the Anglo-American history of statutory interpretation. Part 11 begins by surveying the most important contemporary theories in the field of statutory interpretation. Part 11 ends with the author's rejection of these theories and the exposition of his own theory, which he calls "ordinary judging." Popkin argues that his is "the best perspective for understanding the discretionary judicial role [in interpreting statutes] . . . whereby judges indulge a modest competence to contribute to good …

It's Good To Be The King: Prosecuting Heads Of State And Former Heads Of State Under International Law, Mary Margaret Penrose

Faculty Scholarship

This Article criticizes historical practices regarding the prosecution of sitting and former heads of state. It argues that such persons should stand trial for their alleged crimes. However, as the Article illustrates, state practice and international law as they currently exist offer only limited help toward advancing this goal. Although the Pinochet precedent offers evidence that states may be shifting toward a willingness to prosecute heads of state, Professor Penrose advocates the enactment of prosecutorial rules and regulations and urges countries to take the necessary steps to create an international criminal court so that criminal defendants may be tried in …

Boomerang Data Suggest A Purely Baryonic Universe, Stacy S. Mcgaugh

Faculty Scholarship

The amplitudes of peaks in the angular power spectrum of anisotropies in the microwave background radiation depend on the mass content of the universe. The second peak should be prominent when cold dark matter is dominant but is depressed when baryons dominate. Recent microwave background data are consistent with a purely baryonic universe with Ωm = Ωb and ΩA ∼ 1.

Principled Standard Setting Requires Consideration Of More Than Science (Aei-Brookings Joint Center For Regulatory Studies, Brief 00-02) Brief Amicus Curiae In Support Of Respondents, Browner V. American Trucking Associations, Inc., No. 99-1257, (U.S. September 11, 2000)(With 20 Law Professors, Economists, And Scientists), Jonathan B. Wiener, Cary Coglianese, Gary Marchant

Faculty Scholarship

Summary of Argument: Throughout this proceeding, EPA has identified no policy or normative criteria to justify its NAAQS standards, thus suggesting that science alone can be used to determine the appropriate air quality standard. Science plays a critical, indeed essential, role in evaluating the risks of possible air quality standards being considered for adoption by EPA. However, science by itself cannot provide the justification for selecting a particular air quality standard. Especially in setting standards for non-threshold pollutants, such as in this case, scientific evidence cannot alone indicate where the standard should be set, since any level above zero will …

What Recourse?—Liability For Managed Care Decisions And The Employee Retirement Income Security Act, Wendy K. Mariner

Faculty Scholarship

Should managed-care organizations be accountable to patients injured by the company's negligence or wrongdoing? The general rule is that all organizations, including managed-care organizations, are legally liable for causing personal injury as a result of their own negligence or the negligence of their employees or agents.1-4 However, as most observers of the U.S. health care system know by now, there is an exception to this basic legal rule of accountability. The Employee Retirement Income Security Act of 1974 (ERISA) has been interpreted to grant health benefit plans provided by employers or unions (and the managed-care organizations that sell or …

Unbending Gender: Why Family And Work Conflict And What To Do About It, Martha M. Ertman

Faculty Scholarship

No abstract provided.

The Trade Dress Emperor's New Clothes: Why Trade Dress Does Not Belong On The Principal Register, Glynn S. Lunney Jr

Faculty Scholarship

We take it largely for granted today that the Trademark Act of 1946 permits the registration of trade dress on the principal register, but that has not always been the rule. Until 1958, the Patent and Trademark Office, following Congress's intent expressed in the Act's plain language and legislative history, excluded trade dress from the principal register as a matter of law. In 1958, Assistant Commissioner Daphne Robert Leeds changed the rule and allowed the registration of a product package as a trademark on the principal register. Unable to find any legitimate basis for reading the Trademark Act to permit …

Taxes, Bankruptcy, And The Lazarus Problem, Alan L. Feld

Faculty Scholarship

[1] The Ninth Circuit recently barred the IRS from its day in court in a personal bankruptcy proceeding. ¹ The issue in the case concerned the effect, in a chapter 13 bankruptcy proceeding, of a dismissal order followed later by an order reinstating the case. The Ninth Circuit counted the number of days between the dismissal and the reinstatement against the government and ordered the IRS proof of claim dismissed as untimely. As a result, the tax owing became subject to discharge in the bankruptcy without taxpayer payment.

[2] The result defeats the intent of the statute and creates waste …

Global Finance And The International Monetary Fund's Neoliberal Agenda: The Threat To The Employment, Ethnic Identity, And Cultural Pluralism Of Latina/O Communities, Timothy A. Canova

Faculty Scholarship

This Article places recent Lat-Crit scholarship in an institutional and inter-disciplinary context. It serves not just as an indictment of the International Monetary Fund (IMF) agenda of structural adjustment and liberalization. It also questions the positioning of Lat-Crit scholars to remain silent or complicit with the IMF's agenda. Canova provides a counter-narrative that is rich in historical revisionism, heterodox economics, and sociological conclusions. His recognition of the global unemployment crisis - made largely invisible by orthodox economics and flawed government measurements - is combined with existential insights about the nature of underemployment on the formation of individual identity and cultural …

Latinas And Religion: Subordination Or State Of Grace?, Laura M. Padilla

Faculty Scholarship

This Essay addresses how religion simultaneously subordinates Latinas while serving as a source of strength. More specifically, it focuses on Catholicism and how the same church and religion have a fragmented and varied impact on Latinas, particularly Mexican-Americans, with whom I am most familiar.

Liability Without Cause? Further Ruminations On Cause-In-Fact As Applied To Handgun Liability, Aaron Twerski, A. J. Sebok

Faculty Scholarship

No abstract provided.

The Attorney-Client Privilege: Practical Military Applications Of A Professional Core Value, Joshua E. Kastenberg, Norman K. Thompson

Faculty Scholarship

This article examines the historical development of the attorney-client privilege and then explores the privilege generally before tackling some specific areas where the privilege commonly arises in military practice. We explore important aspects of the privilege from three different perspectives: (1) a prosecution perspective-saving court-martial cases involving alleged compromise of attorney-client privileged material by trial counsel and/or investigators, (2) a defense perspective-using the privilege to protect information about the whereabouts of a client and the contents of a defense counsel's appointment schedule, and, (3) a general military practice perspective-the potential conflicts of interest which may arise when the privilege is …

Shedding A Little Light On A Well-Kept Secret, Malinda L. Seymore

Faculty Scholarship

No abstract provided.