Digital Commons Network^™

The International Organization For Standardization And The Drafting Of Private Environmental Standards, Naomi Roht-Arriaza

Faculty Scholarship

No abstract provided.

The Future Of The Private Securities Litigation Reform Act: Or, Why The Fat Lady Has Not Yet Sung, John C. Coffee Jr.

Faculty Scholarship

Much commentary about securities litigation shares the implicit premise that the Private Securities Litigation Reform Act of 1995 (Reform Act) is, for better or worse, a fait accompli – that is, legislation whose meaning is fixed and whose impact, while still debatable, is not contingent on future events. This Article sees it differently: the Reform Act is more like wet clay that has been shaped into an approximation of a human form by an apprentice craftsmen and has now been turned over to the master sculptor for the details that will spell the difference between high art and merely competent …

Fast Dancing, James Hambleton

Faculty Scholarship

A breezy summer night, a great dance band, cliffs over the Mississippi River, and too much champagne ... those are the memories I have of my first Annual Meeting. The night of the closing banquet had a profound effect on my career in law librarianship, but let me start nearer the beginning.

Politics, Institutions, And Outcomes: Electricity Regulation In Argentina And Chile, William B. Heller, Mathew D. Mccubbins

Faculty Scholarship

Risk, whether market or political, is an important determinant of private investment decisions. One important risk, subject to control by the government, is the risk associated with the hold-up problem: governments can force utilities to shoulder burdensome taxes, to use input factors ineffectively, or to charge unprofitable rates for their service. To attract private investment governments must be able to make commitments to policies that are nonexpropriative (either to contracts that guarantee very high rates of return or to favorable regulatory policies). These commitments, of course, must be credible.

Judgments about the credibility of commitments to regulatory policies are based …

Rationality And The Foundations Of Positive Political Theory, Mathew D. Mccubbins, Michael F. Thies

Faculty Scholarship

In this paper, we discuss and debunk the four most common critiques of the rational choice research program (which we prefer to call Positive Political Theory) by explaining and advocating its foundations: the rationality assumption, component analysis (abstraction), strategic behavior, and theory building, in turn. We argue that the rationality assumption and component analysis, properly understood, can be seen to underlie all social science, despite the protestations of critics. We then discuss the two ways that PPT most clearly contributes to political science (i.e., what distinguishes it from other research programs), namely the introduction of strategic behavior (people do not …

How We Lost The High-Tech War Of 2007: A Warning For The Future, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Melancholy Reunion: A Report From The Future On The Collapse Of Civil-Military Relations In The United States, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Bad Data, Bad Economics, And Bad Policy: Time To Fire Wrongful Discharge Law, Andrew P. Morriss

Faculty Scholarship

One of the many effects of the combination of technological change, globalization of labor, capital, and product markets, and changes in labor force composition in recent years is the disruption of traditional employment patterns based on Fordist production techniques. Of all the branches of government, the judiciary is the least capable of responding to these massive economic and social changes in a productive manner. It has the least capacity for collecting and analyzing data, the least ability to control its own agenda, and the least democratic accountability.

There are a number of possible solutions to the problem of economic insecurity …

“The Image We See Is Our Own”: Defending The Jury’S Territory At The Heart Of The Democratic Process, Lisa Kern Griffin

Faculty Scholarship

reviewing Jeffrey B. Abramson, We the Jury (1994) and Stephen J. Adler, The Jury (1994))

Dendrimeric Liquid Crystals: Isotropic-Nematic Pretransitional Behavior, Jian-Feng Li, Karl A. Crandall, Peihwei Chu, Virgil Percec, Rolfe G. Petschek, Charles Rosenblatt

Faculty Scholarship

Kerr measurements, ellipsometry, and quasielastic light scattering have been used to probe nematic fluctuations and nematic wetting at an isotropic liquid crystal-substrate interface in four generations of liquid crystalline monodendrons and dendrimers. We find that the pretransitional behavior is qualitatively similar to that of low molecular weight liquid crystals, exhibiting a Landau-like divergence of the relaxation time and a logarithmic divergence of the optical retardation on approaching the nematic-isotropic phase transition from above. Quantitatively, we find that the transition temperatures of the monodendrons are typically about 0.5 K above the supercooling limit of the isotropic phase and that the orientational …

Physicians Seeking Indemnification From Managed Care Organizations Transforming Equities And Remedies, Lois Wolf Schwartz, Lawrence I. Schwartz, Jeffrey Cambra

Faculty Scholarship

No abstract provided.

Tributes To Professor Oscar Gray, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Race Law And Justice: The Rehnquist Court And The American Dilemma,, Frank H. Wu

Faculty Scholarship

No abstract provided.

Scoping Out The Uncertain Simplification (Complication?) Effects Of Vats, Bats, And Consumed Income Taxes, J. Clifton Fleming Jr.

Faculty Scholarship

No abstract provided.

Real Estate Brokerage: Recent Changes In Relationships And A Proposed Cure, Ronald B. Brown, Joseph M. Grohman, Manuel R. Valcarcel

Faculty Scholarship

No abstract provided.

Bringing Small Business Development To Urban Neighborhoods, Robert E. Suggs

Faculty Scholarship

This article describes a race-neutral policy proposal designed to increase business formation and success rates for young urban African Americans. The proposal suggests using local governments' taxing authority, in a manner analogous to tax increment financing, to create financial incentives for successful small business owners to employ, and then mentor and train as business owners, young urban entrepreneurs from deteriorating neighborhoods. The amount of financial incentive varies directly with financial success of protégés and requires the transfer of some of the mentor’s social (reputational) capital to the protégé. Business activity has created wealth and economic mobility for other ethnic groups, …

Am I My Partner's Keeper? Peer Review In Law Firms, Susan Saab Fortney

Faculty Scholarship

This article explores the concept of peer review in the practice of law. The article begins with an introduction to law partners’ liability exposure for the acts or omissions of their law partners. The article explains how this exposure has traditionally been approached as vicarious liability and how the government is attempting to transform these issues into direct liability by using failure to monitor claims. Part I briefly reviews perspectives on the emergence, growth, and structure of law firms, then uses a matrix to show how firm culture and organizational structure affect internal and external controls on attorney conduct. Part …

Application Of International Water Law To Transboundary Groundwater Resources, And The Slovak-Hungarian Dispute Over Gabcikovo-Nagymaros, Gabriel Eckstein

Faculty Scholarship

The growth in global population and economic development has resulted in tremendous pressures on existing sources of fresh water. Human water use over the past three centuries increased by a factor of thirty-five and is growing by four to eight percent annually. Coupled with recurring international disputes over water resources, poor water management, and the realization that water is an indispensable but finite resource, these trends have propelled the use and management of transboundary groundwater resources to the forefront of legal debate.

Until recently, matters relating to groundwater resources were relatively ignored in the context of international law applicable to …

The Importance Of Appearing Principled, Deborah Hellman

Faculty Scholarship

No abstract provided.

The Guardianship Puzzle: Whatever Happened To Due Process?, Diane E. Hoffmann, Joan L. O'Sullivan

Faculty Scholarship

No abstract provided.

Fast Relaxation Mode In A Thermotropic Uniaxial Nematic Liquid Crystal, Sanjay Tripathi, Hua Zhong, Rolfe G. Petschek, Charles Rosenblatt

Faculty Scholarship

Results are reported from a light scattering measurement in the uniaxial nematic phase in the thermotropic liquid crystal octylcyanobiphenyl, a material which does not exhibit a biaxial phase. In addition to a slow Goldstone mode associated with twist fluctuations, a fast mode whose relaxation time is independent of both wave vector and temperature has been observed. The possible origins of this relaxation are discussed.

Why Irac Should Be Igpac, Barbara P. Blumenfeld

Faculty Scholarship

While IRAC is generally a good organizational tool, I find that the R or rule part of this formulation is often unclear to students. Despite what they are taught in class, many want to see “rule” as a general premise only, forgetting that it must also include fact specific examples of how that general premise has been applied in the past. This failure leaves them without any precedent to which they can analogize the facts of their own case.

Securing Deliberative Autonomy, James E. Fleming

Faculty Scholarship

In this article, Professor Fleming proposes to tether the right of autonomy by grounding it within a constitutional constructivism, a guidingframeworkfor constitutional theory with two fundamental themes: deliberative democracy and deliberative autonomy. He advances deliberative autonomy as a unifying theme that shows the coherence and structure of certain substantive liberties on a list of familiar "unenumerated" fundamental rights (commonly classed under privacy, autonomy, or substantive due process). The bedrock structure of deliberative autonomy secures basic liberties that are significant preconditions for persons' ability to deliberate about and make certain fundamental decisions affecting their destiny, identity, or way of life. As …

Aids Phobia, Public Health Warnings, And Lawsuits: Deterring Harm Or Rewarding Ignorance?, Wendy K. Mariner

Faculty Scholarship

Courts in more than a dozen states have decided cases in which a person has claimed money damages for his or her fear of getting acquired immunodeficiency syndrome (AIDS). Although most courts have rejected such claims in the absence of actual exposure to the human immunodeficiency virus (HIV), their reasoning has varied slightly from state to state. This article argues that negligence law should not permit people who are HIV negative to recover damages for an unfounded fear of AIDS. Public health statements intended to educate the public about preventing HIV transmission may have encouraged some fear-of-AIDS lawsuits against health …

Environmental Federalism: Historical Roots And Contemporary Models, Robert V. Percival

Faculty Scholarship

No abstract provided.

Property Law: 1995 Survey Of Florida Law, Ronald B. Brown, Joseph M. Grohman, Manuel R. Valcarcel Iv

Faculty Scholarship

No abstract provided.

Professionalism, Gender And The Public Interest: The Advocacy Of Protection, Minna J. Kotkin

Faculty Scholarship

No abstract provided.

How Can A Product Be Liable?, Anita Bernstein

Faculty Scholarship

No abstract provided.

Testing Children For Genetic Predispositions: Is It In Their Best Interest?, Diane E. Hoffmann, Eric A. Wulfsberg

Faculty Scholarship

No abstract provided.

The Fdic's Fraudulent Conveyance Power Under The Crime Control Act Of 1990: Bank Insolvency Law And The Politics Of The Iron Triangle, Edward J. Janger

Faculty Scholarship

No abstract provided.