Digital Commons Network^™

Spectral Content And Dispersion Of Hyper-Rayleigh Scattering, S. F. Hubbard, Rolfe G. Petschek, Kenneth D. Singer

Faculty Scholarship

We have used a high-intensity tunable picosecond infrared laser source to measure the spectral content of light scattered near the second harmonic for two well-known organic dyes, p-Nitroaniline and Disperse Red 1, at a number of wavelengths in the near infrared. We found that in Disperse red 1 a broad two-photon fluorescence competes with the sharp hyper-Rayleigh peak. Further, dephasing of the virtual excited state leads to elimination of hyper-Rayleigh scattering in favor of fluorescence if the harmonic is in the linear absorption tail. We determined the dispersion of the magnitude of the first hyperpolarizability for both dyes, using a …

Service Is Our Raison D'Etre, Winnie F. Taylor

Faculty Scholarship

No abstract provided.

Property Law: 1996 Survey Of Florida Law, Ronald B. Brown, Joseph M. Grohma

Faculty Scholarship

No abstract provided.

The Residential Segregation Of Baltimore's Jews: Restrictive Covenants Or Gentlemen's Agreement?, Garrett Power

Faculty Scholarship

No abstract provided.

Rules, Story And Commitment In The Teaching Of Legal Ethics, Roger C. Cramton, Susan P. Koniak

Faculty Scholarship

The ABA requires each "approved" law school to provide each student "instruction in the duties and responsibilities of the legal profession." First adopted in August, 1973, in the midst of the Watergate disclosures, this requirement has never been interpreted and is infrequently referred to or enforced in the accreditation process. The professional responsibility requirement is the only substantive teaching requirement imposed by the ABA.

Should the ethics teaching requirement be scrapped? We consider that question in Part I. Although we ultimately conclude the rule should be maintained, we believe this fundamental question must be asked. Given the disdain many legal …

Under Cloak Of Settlement, Susan P. Koniak

Faculty Scholarship

In this Article, we discuss examples of class action settlements in which the conduct allegedly engaged in by class counsel-and in some instances by the defendants and their lawyers--could constitute a civil wrong or a criminal act under state or federal law, but a court nevertheless blessed the conduct by approving the settlement. We argue that the findings made by federal and state courts in blessing these settlements, namely, findings on the adequacy of class counsel, the lack of collusion between class counsel and the defendants, and the fairness of the settlement terms, should not immunize the conduct of the …

The War On Drugs: Evening The Odds Through Use Of The Airport Drug Courier Profile, Brian A. Wilson

Faculty Scholarship

The scourge of illegal drug abuse plagues the United States despite increased efforts by various law enforcement agencies to eradicate the narcotics trade. "The toll [drug abuse inflicts] on our society in lives made wretched, in costs to citizens, and in profits of gross size funneled to the most odious criminals, is staggering." Drugs lead the abuser fortunate enough to evade his demise to physical, financial and moral devastation, although their pernicious effects are not confined to the individual who uses them. The enormous profits generated by the drug trade invite corruption of unscrupulous law enforcement officials through lucrative bribes. …

Risky Business, Michael S. Baram

Faculty Scholarship

In prior studies by high-level commissions, emphasis was given to improving the scientific basis and institutional procedures for risk assessment and risk regulation within existing statutory frameworks. Recommendations have led to slow but steady progress. This study is considerably different. It emphasizes a public health approach for efficient use of resources in a new flexible framework for risk management, reductionist approaches to risk assessment and characterization, increased public involvement, and various methods for managing such public involvement. It provides a mix of aspirations and concepts, procedures, and "shop floor rules" for putting the new system of risk management into practice. …

Principled Opinions: Response To Brickman, Susan P. Koniak

Faculty Scholarship

Professor Brickman is not pleased. Indeed, he is outraged, if the sound and fury of his article is to be taken at face value. He and twenty-five others, lawyers and legal educators, sent the American bar Association Standing Committee on Ethics and Professional Responsibility (the "Committee" or "Ethics Committee") a letter (the "Letter") asking for an opinion. They got one which Professor Brickman describes as "wrong as a matter of ethics law, malevolent as a matter of public policy, disingenuous in its presentation, unfounded it [its] critical assumptions ... and blatantly self-interested in elevating lawyers' financial interests above their traditional …

A Year In Practice: The Journal Of A Reflective Clinician, Stacy Caplow

Faculty Scholarship

No abstract provided.

Comments Worth Making: Supervising Scholarly Writing In Law School, Elizabeth Fajans, Mary R. Falk

Faculty Scholarship

No abstract provided.

Could A Local Group X-Ray Halo Affect The X-Ray And Microwave Backgrounds?, Stacy S. Mcgaugh

Faculty Scholarship

Suto et al. have suggested that an X-ray halo in the Local Group might explain both the observed low-energy excess in the X-ray background and the quadrupole anisotropy in the cosmic microwave background. Recent observations of poor groups of galaxies by the ROSAT PSPC set reasonable limits on how extensive and dense such a halo could be. The poor groups most similar to the Local Group do not have a detectable halo, and the upper limits of these observations suggest that any Local Group halo would be nearly 2 orders of magnitude too tenuous to produce the effects that Suto …

Does Low Surface Brightness Mean Low Density?, Stacy S. Mcgaugh

Faculty Scholarship

We compare the dynamical properties of two galaxies at identical positions on the Tully-Fisher relation, but with different surface brightnesses. We find that the low surface brightness galaxy UGC 128 has a higher mass-to-light ratio, and yet has lower mass densities than the high surface brightness galaxy NGC 2403. This is true for the gas surface density, the stellar surface density, and the total mass density. © 1996. The American Astronomical Society. All rights reserved.

Neighborhood Entrepreneurs Program In New York City, David Reiss

Faculty Scholarship

No abstract provided.

An Enlightened Addition To The Original Meaning: Voltaire And The Eighth Amendment’S Prohibition Against Cruel And Unusual Punishment, Joshua E. Kastenberg

Faculty Scholarship

This article centers on the influences of the Enlightenment through Voltaire on both the framers of American law and on the Eighth Amendment's prohibition against cruel and unusual punishment. Before discussing the weight of Voltaire's influence on the law makers in the early republic, it is first important to envision a general picture of both Enlightenment philosophy and the experiences of Voltaire in Eighteenth Century France. Therefore, in Part I, this paper examines Seventeenth and Eighteenth Century Enlightenment philosophy on criminal punishment, as well as the philosophy of Voltaire. Part II addresses a similar exploration of the impact of this …

Major Sources Of Criteria Pollutants In Nonattainment Areas: Balancing The Goals Of Clean Air, Environmental Justice, And Industrial Development, Eileen Gauna

Faculty Scholarship

If an area is suffering from economic decay as well as unhealthy air, should new facilities -- and more pollution -- be allowed into the area anyway? If so, the result is that impoverished areas are afforded less environmental protection.This article addresses an important aspect of this dilemma: under what circumstances, if any, should a facility which will emit large amounts of air pollution be allowed to locate or expand operations in areas of existing poor air quality? Part II of this article provides a brief historical explanation of the Clean Air Act as it pertains to major stationary sources. …

The Times They Are A Changin' - Or Are They? An Update On Rule 114, Barbara Mcadoo, Nancy A. Welsh

Faculty Scholarship

When Rule 114 of the General Rules of Civil Practice arrived on the Minnesota legal scene in July 1994, it took many attorneys by complete surprise. Even in Hennepin County, which has had a nonbinding arbitration program since 1984, some attorneys asked, "ADR? Is that short for Another Darn Requirement'?" Nearly two years later, now that most attorneys know that ADR is the acronym for "Alternative Dispute Resolution," it is time to take stock of Rule 114, to evaluate its influence on the practice of law and its impact on the courts.

This review is timely for another, very important …

A Three-Dimensional Model Of Stadium Owner Liability In Spectator Injury Cases, Joshua E. Kastenberg

Faculty Scholarship

This article analyzes the duties placed on the stadium and event-site owners to prevent such injuries, as well as the defenses available to stadium and event-site owners. Spectator injuries constitute a large area of negligence law and there is a commonality among the various spectator sports. This article analyzes stadium/event-site owner liability in a three-dimensional model. The purpose of a three-dimensional model is to unweave the complex fabric which constitutes liability for spectator injuries. Various sports are independently analyzed in the first section, which represents one dimension. Part II assesses three common types of jurisdictions which affect the stadium/event-site owner's …

The Executive Power Of Constitutional Interpretation, Gary S. Lawson, Christopher D. Moore

Faculty Scholarship

It is emphatically the province and duty of the President to say what the law is, including the law embodied in the Federal Constitution. In the mid-1980s, a claim of this sort would have been received by the legal intelligentsia with some combination of bemusement and outrage. One would have heard, loudly and often, that it is the special province of the federal courts to declare the meaning of the Constitution, -Lnd that any attempt to question the judiciary's supreme interpretative role, especially in favor of an interpretative role for the President, was an attack on the rule of law …

Lmo's: Treasure Chest Or Pandora's Box, Michael S. Baram

Faculty Scholarship

Biotechnology is beginning to trans- A form agriculture across the globe. After thousands of years of traditional plant and animal breeding, and centuries of mechanization and chemical application, genetic research has opened a Pandora's box of living modified organisms (LMOs) designed to improve the productivity and efficiency of commercial agriculture. A multitude of transgenic crops and animals is now being introduced into commerce by biotechnology companies, and b nations are puzzling out how to appropriate the benefits and manage the risks.

American biotechnology companies and agencies are the leading proponents of using LMOs. They claim that two decades of costly …

On The Idea Of Private Law, Martin Stone

Faculty Scholarship

No abstract provided.

Consensus, Dissensus And Contractual Obligation Through The Prism Of Uniform International Sales Law, Michael P. Van Alstine

Faculty Scholarship

No abstract provided.

A Feminist Revisit To The First-Year Curriculum, Anita Bernstein

Faculty Scholarship

No abstract provided.

Liability For Managed Care Decisions: The Employee Retirement Income Security Act (Erisa) And The Uneven Playing Field, Wendy K. Mariner

Faculty Scholarship

As managed care organizations expand their programs of quality assurance and physician evaluation, more medical malpractice lawsuits may be brought against managed care organizations on the ground that, like hospitals, they are legally responsible for negligent corporate acts that injure patients. However, the federal Employee Retirement Income Security Act (ERISA) shields managed care organizations from liability when they are part of an employee group health plan governed by ERISA. Unlike patients with other types of insurance, patients in ERISA health plans do not have a malpractice remedy for a managed care organization's negligence. A few federal appeals courts recently recognized …

The Asil As An Epistemic Community, Charlotte Ku

Faculty Scholarship

Three comments, on the program of this Annual Meeting. We have answered the theme question in various ways, and we have done some things less well, others better. The focus of a political scientist differs from that of an international lawyer, dealing more with process than with outcome. We have taken a relatively simplistic look at outcomes-that is, we have often looked at whether international institutions have done what they said they were going to do; we have not looked nearly so much at whether they fixed the problems they were trying to fix. The second point that emerges very …

A Theory Of Minimum Contract Terms, With Implications For Labor Law, Keith N. Hylton

Faculty Scholarship

This Paper deals with a topic at the core of labor, property, and contract law: to what extent should individuals be free to enter into agreements of their choice? In many instances, the state intervenes to tell parties that they may not execute or enforce certain agreements, or that they must incorporate certain "minimum terms." A broad view of property rights would support the position that individuals are free to enter into whatever agreements suit them. A narrow view, on the other hand, is consistent with the claim that the state may require contracting parties to comply with a set …

A Feminist Revisit To The First-Year Curriculum, Anita Bernstein

Faculty Scholarship

No abstract provided.

Brief Of Intervenor, Women’S Legal Education And Action Fund (Leaf), Goertz V. Gordon, Laura Spitz

Faculty Scholarship

Historically, women have been almost exclusively responsible for the unpaid labour of child care with the assumption of primary child care responsibilities after separation. The courts must analyze each situation to determine whether a joint custody arrangement, in law, is in fact true equal parenting, in roles and responsibilities, or one more akin to sole custody when considering relocation restrictions.

Our Common Future, American Style (Reviewing President’S Council On Sustainable Development, Sustainable America (1996)), John C. Dernbach

Faculty Scholarship

No abstract provided.

Gender Matters: Implications For Clinical Research And Women's Health Care, Karen H. Rothenberg

Faculty Scholarship

No abstract provided.