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Articles 21241 - 21270 of 25410
Full-Text Articles in Entire DC Network
Lotus V. Borland: Copyright And Computer Programs, Glynn S. Lunney Jr
Lotus V. Borland: Copyright And Computer Programs, Glynn S. Lunney Jr
Faculty Scholarship
Since Congress's express acknowledgment of copyright protection for computer programs in 1980, courts have faced the sometimes difficult task of deciding whether the admitted copying of some element from a copyright program constitutes infringement. In Lotus v. Borland, for example, the question was whether the admitted copying by Borland of the Lotus 1-2-3 menu structure constituted infringement. The district court held that it did; the First Circuit held that it did not; and the Supreme Court was unable to decide. This Essay suggests that the First Circuit's resolution is the correct one, but that the reasons the First Circuit …
Corporate Governance And Managerial Incompetence: Lessons From Kmart, D. Gordon Smith
Corporate Governance And Managerial Incompetence: Lessons From Kmart, D. Gordon Smith
Faculty Scholarship
Modern corporate governance scholars often extol an activist role by institutional investors in directing corporate activity. Widely viewed as a solution to the collective action problems that inhibit such activism by individual investors, institutional investors are praised for adding value to corporations through their participation in the decision making process. The ouster of Joseph Antonini as Chief Executive Officer of Kmart Corporation in 1995 might be taken as a vindication of this view, because substantial evidence indicates that institutional investors played a crucial role in influencing Kmart's board of directors to remove him. In this Article, Professor Smith challenges this …
Magnetic Field-Mediated Alignment Of A Nematic Liquid Crystal At A Polymer Surface Exposed To Ultraviolet Light, Rolfe G. Petschek, Charles Rosenblatt
Magnetic Field-Mediated Alignment Of A Nematic Liquid Crystal At A Polymer Surface Exposed To Ultraviolet Light, Rolfe G. Petschek, Charles Rosenblatt
Faculty Scholarship
A nematic liquid crystalline cell utilizing a substrate coated with polyvinylcinnamate was subjected to UV polarized light in the presence of a magnetic field. After removing the cell from the field it was found that the pretilt angle was large and both temporally and thermally robust. Irradiation in the absence of a field resulted in a rapid decay of the pretilt angle to zero, corresponding to planar alignment.
Whatever Happened To The Uniform Land Transactions Act?, Ronald B. Brown
Whatever Happened To The Uniform Land Transactions Act?, Ronald B. Brown
Faculty Scholarship
No abstract provided.
Multi-Community Membership, Free Riders, And Effective Governance, Robert E. Suggs
Multi-Community Membership, Free Riders, And Effective Governance, Robert E. Suggs
Faculty Scholarship
No abstract provided.
Resistance To Equality, Elizabeth M. Schneider
Resistance To Equality, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
How We Got Where We Are: The Lessons Of History, David Reiss
How We Got Where We Are: The Lessons Of History, David Reiss
Faculty Scholarship
No abstract provided.
When Law Risks Madness, Susan P. Koniak
When Law Risks Madness, Susan P. Koniak
Faculty Scholarship
Within the United States in 1996, there is a community scattered among us with its own law, its own courts and its own well-armed militias. While the existence of these militias has prompted some debate in the legal literature, the community's law and its courts have been ignored. That law rejects the power of the courts of the federal government and those of the states over the "Sovereign Citizens" of this separate community. On the other hand, this community claims jurisdiction over us - should we interfere with its citizens in some way proscribed by its law - and over …
Twisting Transition In A Fiber Composed Of Chiral Smectic-C Liquid Crystal Polymer, R. A. Sones, Rolfe G. Petschek
Twisting Transition In A Fiber Composed Of Chiral Smectic-C Liquid Crystal Polymer, R. A. Sones, Rolfe G. Petschek
Faculty Scholarship
We consider a cylindrical fiber composed of main-chain liquid crystal polymer in the chiral smectic-C phase. Due to steric constraints on the liquid crystal polymer, the smectic layers orient perpendicular to the fiber axis, the liquid crystal director lies flat against the fiber wall, and a line disclination appears along the fiber axis. Using a Landau-de Gennes expression for the elastic free energy, we show that the fiber may undergo a transition from a cylinder to a helix. The transition is favored by large chirality, large fiber radius, and low surface tension, but is probably not experimentally accessible. However, a …
Reexamining Copyright's Incentives--Access Paradigm, Glynn S. Lunney Jr
Reexamining Copyright's Incentives--Access Paradigm, Glynn S. Lunney Jr
Faculty Scholarship
To suggest a more appropriate approach for determining the proper scope of copyright, this Article critically reexamines the economic justification for copyright and identifies allocative efficiency, rather than the incentives-access balance, as the appropriate guide. From an allocative-efficiency perspective, copyright provides the proper degree of protection when it ensures that individuals will produce works of authorship if, and only if, such production would represent the most highly valued use of their resources. In a world of finite resources, more works of authorship must mean less of something else. Unless the production of an additional work of authorship is inherently more …
Mediating Bioethical Disputes, Diane E. Hoffmann, Naomi Karp
Mediating Bioethical Disputes, Diane E. Hoffmann, Naomi Karp
Faculty Scholarship
No abstract provided.
Conflicts Of Interests In The Representation Of Children, Nancy J. Moore
Conflicts Of Interests In The Representation Of Children, Nancy J. Moore
Faculty Scholarship
Conflicts of interests arise whenever the representation of a client may be materially limited by the lawyer's duties to either another client or a third person or by the interests of the lawyer herself.' Analyzing such conflicts typically requires identifying situations involving a potentially impermissible conflict, determining whether the conflict is consentable, and, if it is, obtaining consent after full disclosure.2 Conflicts analysis is difficult enough when the client is an adult.3 When the client is a child, however, the analysis is complicated by a number of factors. For example, in the wide variety of cases in which children (or …
Isn't It A Crime: Feminist Perspectives On Spousal Immunity And Spousal Violence, Malinda L. Seymore
Isn't It A Crime: Feminist Perspectives On Spousal Immunity And Spousal Violence, Malinda L. Seymore
Faculty Scholarship
Much has been written about the reluctance of police to arrest in domestic violence cases and the reluctance of the state to prosecute such cases. Part of that reluctance may be caused by prevalent societal attitudes that diminish the importance of spousal violence. In a number of jurisdictions, the reluctance to pursue criminal sanctions against married abusers is caused by the difficulty of procuring the battered spouses' testimony.5 In those jurisdictions, the prosecutor cannot compel a reluctant spouse's testimony because of the spousal privilege not to testify against a defendant spouse. Even in jurisdictions that have some exceptions to the …
Better Living Through Crime And Tort, Anita Bernstein
Better Living Through Crime And Tort, Anita Bernstein
Faculty Scholarship
No abstract provided.
Lessons From The Past: Revenge Yesterday And Today, Tamar Frankel
Lessons From The Past: Revenge Yesterday And Today, Tamar Frankel
Faculty Scholarship
Professor Seipp's Paper transports us to the Middle Ages to discover a society that views crime and tort quite differently from the way we view these categories today. Yet our discovery of that society offers a perspective about our own. In Professor Seipp's world the victim of a wrong had a choice: demand revenge by determining how the wrongdoer would be punished, or demand monetary compensation. These two entitlements were mutually exclusive. The victim could choose either one, but to some extent, especially in earlier times, the right of revenge was considered a higher right that the victim was expected …
Fluctuations And Light Scattering In A Liquid Crystal Polymer Fiber, R. A. Sones, Rolfe G. Petschek
Fluctuations And Light Scattering In A Liquid Crystal Polymer Fiber, R. A. Sones, Rolfe G. Petschek
Faculty Scholarship
The spatial correlation function is calculated for thermal fluctuations of the liquid crystal director field in the core of an optical fiber composed of a main chain liquid crystal polymer in the smectic-C phase. Due to steric constraints on the liquid crystal polymer, the smectic layers orient perpendicular to the fiber axis, the liquid crystal director lies flat against the core-cladding interface, and a line disclination appears along the fiber axis. The analysis is based on a Landau-de Gennes expression for free energy, which includes ordinary smectic-C elastic terms as well as terms added to model the disclination. The correlation …
Star Wars: Film Permitting, Prior Restraint & Government's Role In The Entertainment Industry, Jon M. Garon
Star Wars: Film Permitting, Prior Restraint & Government's Role In The Entertainment Industry, Jon M. Garon
Faculty Scholarship
No abstract provided.
Buyers Beware: Statutes Shield Real Estate Brokers And Sellers Who Do Not Disclose That Properties Are Psychologically Tainted, Ronald B. Brown, Thomas H. Thurlow Iii
Buyers Beware: Statutes Shield Real Estate Brokers And Sellers Who Do Not Disclose That Properties Are Psychologically Tainted, Ronald B. Brown, Thomas H. Thurlow Iii
Faculty Scholarship
No abstract provided.
Remembering Arthur: Some Suggestions For Law School Academic Support Programs, Kathy Cerminara
Remembering Arthur: Some Suggestions For Law School Academic Support Programs, Kathy Cerminara
Faculty Scholarship
No abstract provided.
Judicial Review Of Informal Agency Action On The Fiftieth Anniversary Of The Apa: The Alleged Demise And Actual Status Of Overton Park's Requirement Of Judicial Review "On The Record", Gordon G. Young
Faculty Scholarship
No abstract provided.
How Outcome Voting Promotes Principled Issue Identification: A Reply To Professor John Rogers And Others, Maxwell L. Stearns
How Outcome Voting Promotes Principled Issue Identification: A Reply To Professor John Rogers And Others, Maxwell L. Stearns
Faculty Scholarship
No abstract provided.
Mistretta Versus Marbury: The Foundations Of Judicial Review, Maxwell L. Stearns
Mistretta Versus Marbury: The Foundations Of Judicial Review, Maxwell L. Stearns
Faculty Scholarship
No abstract provided.
Innovations In Collective Bargaining: Nummi - Driven To Excellence, Marley S. Weiss
Innovations In Collective Bargaining: Nummi - Driven To Excellence, Marley S. Weiss
Faculty Scholarship
No abstract provided.
The Innkeeper's Tale: The Legal Development Of A Public Calling, David S. Bogen
The Innkeeper's Tale: The Legal Development Of A Public Calling, David S. Bogen
Faculty Scholarship
No abstract provided.
Telling The Truth And Paying For It: A Comparison Of Two Cases - Restrictions On Political Speech In Australia And Commercial Speech In The United States, David S. Bogen
Faculty Scholarship
No abstract provided.
1995 Patent Law Decisions Of The United States Court Of Appeals For The Federal Circuit, Lawrence M. Sung
1995 Patent Law Decisions Of The United States Court Of Appeals For The Federal Circuit, Lawrence M. Sung
Faculty Scholarship
No abstract provided.
Regulatory Reinvention And Project Xl: Does The Emperor Have Any Clothes?, Rena I. Steinzor
Regulatory Reinvention And Project Xl: Does The Emperor Have Any Clothes?, Rena I. Steinzor
Faculty Scholarship
No abstract provided.
Unfunded Environmental Mandates And The "New (New) Federalism": Devolution, Revolution, Or Reform, Rena I. Steinzor
Unfunded Environmental Mandates And The "New (New) Federalism": Devolution, Revolution, Or Reform, Rena I. Steinzor
Faculty Scholarship
No abstract provided.
Women Of Childbearing Potential In Clinical Research: Perspectives On Nih Policy And Liability Issues, Karen H. Rothenberg, Eugene G. Hayunga, Vivian W. Pinn
Women Of Childbearing Potential In Clinical Research: Perspectives On Nih Policy And Liability Issues, Karen H. Rothenberg, Eugene G. Hayunga, Vivian W. Pinn
Faculty Scholarship
No abstract provided.
The Brain Death Controversy In Jewish Law, Irving Breitowitz
The Brain Death Controversy In Jewish Law, Irving Breitowitz
Faculty Scholarship
No abstract provided.