Digital Commons Network^™

Comment On Derrick Bell’S “Diversity And Academic Freedom”, Paul D. Carrington

Faculty Scholarship

No abstract provided.

Altering U.S. Treaty Policy To Permit The Negotiating Of Zero Withholding On Portfolio Dividends: An Invitation To Research, J. Clifton Fleming Jr.

Faculty Scholarship

No abstract provided.

Problems With Employer-Provided Health Insurance — The Employee Retirement Income Security Act And Health Care Reform, Wendy K. Mariner

Faculty Scholarship

Health care reform is in the wind. As the nation prepares for a new presidential term, a more equitable and cost-effective health care system is beginning to sound inevitable.1 But the shape of that system remains a matter of debate. Employer-provided health insurance is the cornerstone of several national proposals for reform.2 3 4 5 6 The Bush administration's preference for tax credits rested on the assumption that most employers would continue to provide health insurance to their employees. President-elect Bill Clinton's proposal relies on insurance reform to enable small businesses to buy affordable private health insurance. Lawmakers …

Myth And Reality: The Threat Of Medical Malpractice Claims By Low Income Women, Karen H. Rothenberg

Faculty Scholarship

No abstract provided.

Dielectric Properties And Ferroelectricity In Main-Chain Nematic Polymers, Eugene Terentjev, Rolfe G. Petschek

Faculty Scholarship

The longitudinal dielectric susceptibility of a polar (directed) thermotropic main-chain nematic polymer is derived in the mean-field approximation, accounting for long-range interaction forces and the local-field effects in the media. It is shown that this susceptibility exponentially increases for some range of orientational order and then either diverges or saturates at some characteristic degree of order. This is expected in some circumstances to result in a true ferroelectric phase. A simple calculation of this transition is given, assuming that long-range dipolar interactions are the only relevant polar interactions. Other relevant effects and the limitations of our approximation are discussed briefly.

A Trustworthy Lawyer, Winnie F. Taylor

Faculty Scholarship

No abstract provided.

The Unworkability Of Court-Made Enterprise Liability: A Reply To Geistfeld, Aaron Twerski, J. A. Henderson

Faculty Scholarship

No abstract provided.

The Supreme Court, Abortion, And The Jurisprudence Of Class, Wendy K. Mariner

Faculty Scholarship

The US Supreme Court's decision in Planned Parenthood of Southeastern Pennsylvania v Casey both protects a woman's liberty to choose to terminate her pregnancy and permits the state to make it more difficult for her to exercise her choice. In their opinion on the case, Justices O'Connor, Kennedy, and Souter eloquently defend constitutional protection of the right to make intimate decisions like continuing or ending a pregnancy. At the same time, they permit the state to try to persuade pregnant women not to have abortions and to make abortion harder to obtain and more costly, as long as the state's …

Thelma And Louise And Bonnie And Jean: Images Of Women As Criminals, Susan Herman

Faculty Scholarship

No abstract provided.

Real Property: 1992 Survey Of Florida Law, Ronald B. Brown

Faculty Scholarship

No abstract provided.

In The Wake Of Thoreau: Four Morden Legal Philosophers And The Theory Of Nonviolent Civil Disobedience, Stephen R. Alton

Faculty Scholarship

This Article opens with a discussion of Thoreau's philosophy of civil disobedience and then examines the ideas of four modem legal philosophers, Joseph Raz, Kent Greenawalt, John Rawls, and Ronald Dworkin, on the subject. Next, the Article compares the respective thinking of all five men regarding the circumstances that would justify the use of civil disobedience. To facilitate the comparison as well as to make it more relevant to the reader, the Article examines five related contemporary illustrations involving situations in which the use of civil disobedience might arguably be morally justified. This Article concludes with some general thoughts on …

Staffing National Health Care Reform: A Role For Advanced Practice Nurses, Linda H. Aiken, William M. Sage

Faculty Scholarship

Expanding access and coverage while containing costs can only be accomplished by getting more health care value for our money. Two facts about our current system make this seem possible. First, the currently uninsured are not costless. Providing stop-gap health care to those who lack health insurance is extremely expensive -- people without formal coverage cannot afford preventive services, delay treatment of illness and face substantial barriers to reaching appropriate providers. When they receive care, it is often degrading, usually complicated and costly, and more than occasionally too late. The cost of this "uncompensated" care is borne by all of …

The Gains From Faith In An Unfaithful Agent: Settlement Conflicts Between Defendants And Liability Insurers, Michael J. Meurer

Faculty Scholarship

A pervasive problem in the settlement of liability litigation arises because liability insurers bundle their promise to indemnify the insured with a promise to represent the insured in settlement and litigation [see, e.g., Beckwith Machinery Co. v. Travelers Indemnity Co., 638 F.Supp. 1179 (W.D. Pa. 1986)]. Standard policies not only require the insurer to pay for legal representation but, more importantly, give the insurer the privilege of controlling the litigation and settlement process. The problem is how to resolve the conflict of interest between the insurer and the insured that may arise during settlement negotiations. This conflict is manifest when …

Efficiency And Individualism, Gary S. Lawson

Faculty Scholarship

Law and economics-the systematic application of neoclassical price theory to legal problems 1 -has dominated the legal academy in recent years. One recent study found that law and economics "for several decades appears to have pervaded about one quarter of scholarship in elite law reviews,"2 and that figure may seriously understate the theory's influence.3 A number of justifiably wellregarded scholarly journals devote themselves almost exclusively to economic analysis of law, and the subject is now a regular part of law school curricula.' Perhaps most importantly, law and economics is a pervasive and influential presence in informal academic discussions. Even legal …

Mandatory Prelicensure Legal Internship: An Idea Whose Time Has Come Again, Stephen R. Alton

Faculty Scholarship

This Article explores the wisdom of imposing an internship requirement on aspiring lawyers as a prerequisite for licensure. It is my position that such a requirement can be beneficial to the new attorney, to the profession, and to the public and should thus be mandated for all those who seek admission to the practice of law. This Article begins by briefly examining the history in the United States of law-office, apprenticeship as a means of legal education. I then proceed to an examination of modern internship requirements in England and Canada. There follows a discussion of some of the more …

Future Fall-Out From The Genetic Revolution, Robert A. Bohrer

Faculty Scholarship

It is argued that the genetic engineering revolution now under way is fundamentally different from other industrial revolutions in that humans are developing the technological power to change themselves. This article begins with an overview of the technology involved, discusses the Human Genome Initiative (HGI) programme and gene therapy research, and then uses several possible future scenarios to discuss potential legal and ethical issues.

Cost Basis, Not Carryover Basis, For Corporate Transferees, Alan L. Feld

Faculty Scholarship

Prof. Feld writes to the editor in a letter regarding Cal Johnson's letter "Issuer's FMV Basis Is Not Carried Over" (Tax Notes, July 6, 1992, p. 115).

Formation Of A Square-Planar Co(I) B12 Intermediate. Implications For Enzyme Catalysis, Mark R. Chance

Faculty Scholarship

X-ray edge and extended x-ray absorption fine structure (EXAFS) techniques provide powerful tools for analysis of local molecular structure of complexes in solution. We present EXAFS results for Co(I) B12 that demonstrate a four-coordinate (distorted) square-planar configuration. Comparison of EXAFS solutions for Co(I) and Co(II) B12 (collected previously; Sagi et al. 1990. J. Am. Chem. Soc. 112:8639–8644) suggest that modulation of the Co-N bond to the axial 5,6-dimethylbenzimidazole (DMB), in the absence of changes in Co-N (equatorial) bond distances, may be a key mechanism in promoting homolytic versus heterolytic cleavage. As Co-C bond homolysis occurs, the Co-N (DMB) bond becomes …

Measurement Of The Λ→N+Γ Branching Ratio, William J. Fickinger, D. K. Robinson

Faculty Scholarship

The branching ratio for the Λ weak radiative decay has been measured to be B(Λ→n+γ)/(Λ→anything) =[1.78±0.24(stat)±0.160.14(syst)]×10-3. A low-energy kaon beam was used to produce the Λ hyperons via the reaction K-+p→Λ+π0 at rest. Photons from the signal channel and π0 decay were detected with a NaI(Tl) array. The final spectrum contains 287 events after background subtraction, an order of magnitude more events than from the only previous measurement.

Diversity, Mulitculturalism, And Affirmative Action: Duke, The Nas, And Apartheid, Jerome Mccristal Culp Jr.

Faculty Scholarship

No abstract provided.

Competition Law And Anticompetitive Professional Behavior Affecting Health Care, Frances H. Miller

Faculty Scholarship

No abstract provided.

Personal Narratives And Racial Distinctiveness In The Legal Academy, Maria O'Brien

Faculty Scholarship

A small group of legal academicians is embroiled in yet another debate that, to the uninitiated at least, appears to have little or nothing to do with "the law." ¹ This time the issue is the ideology of legal writing style-that is, does a growing, unique body of legal scholarship that draws on the personal experiences of minority faculty and, arguably, reflects the racial oppression these scholars have suffered, produce "distinct normative insights?" ² Professor Patricia Williams of the University of Wisconsin clearly believes that it does.

In her new book, The Alchemy of Race and Rights,³ which is …

Whose Law Is It Anyway?, Susan P. Koniak

Faculty Scholarship

What can and should be the role of private groups in creating and maintaining law? What can and should be the relationship between law-giver and law-receiver? These fundamental questions haunt each of the essays that make up Corporate Lawbreaking and Interactive Compliance (hereinafter Corporate Lawbreaking).' These questions, though not the explicit focus of the book, are questions to which the essayists and editors of this book are speaking whether they realize it or not. Seen as a series of discussions on the role of non-state groups in creating and maintaining law, this book is provocative and worth reading. Some of …

The Construction Of Responsibility In The Criminal Law, Richard C. Boldt

Faculty Scholarship

No abstract provided.

Particularity And Generality: Challenges Of Feminist Theory And Practice In Work On Woman-Abuse, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

A Critical Reexamination Of The Takings Jurisprudence, Glynn S. Lunney Jr

Faculty Scholarship

The U.S. Constitution forbids both the federal and state governments from taking private property for public use in the absence of just compensation. In determining whether particular government actions require compensation, the members of the U.S. Supreme Court have agreed that the purpose of the constitutional compensation requirement is "to bar Government from forcing some people alone to bear public burdens which, in all fairness and justice, should be borne by the public as a whole." The members of the Court have also agreed that whether justice and fairness require compensation will turn upon a two-step inquiry. First, government action …

The Law Between The Bar And The State, Susan P. Koniak

Faculty Scholarship

The traditional understanding of the relation between law and professional legal ethics is that legal ethics covers matters not covered by law; that ethics sits passively above law, starting where law leaves off. In this Article, Professor Susan Koniak argues that this understanding is wrong. She asserts that professional ethics are in competition and conflict with law as it is embodied in the pronouncements of courts and legislatures. Although "law" is usually considered to be the near exclusive preserve of the state, the Article contends that private groups also have "law," but it is usually called "ethics." The legal profession's …

Justice For Rodney King, Scott C. Burrell, Alan R. Dial, Thomas W. Mitchell

Faculty Scholarship

May 1992 letter from three Howard University School of Law students to President George H.W. Bush advocating that the United States Department of Justice invoke the Petite Policy to initiate a criminal action against the Los Angeles Police Department police officers responsible for brutally beating Rodney King despite the fact that these offers had been acquitted in a California state court. The letter, which was read in front of the White House by Thomas Mitchell to hundreds of people who had gathered to urge the federal government to take action, sets forth a clear legal basis to permit the Justice …

The Eichmann Trial, The Jewish Question, And The American-Jewish Intelligentsia, Pnina Lahav

Faculty Scholarship

The abduction, trial, and execution of Adolf Karl Eichmann by the state of Israel, fifteen years after the shutdown of the crematoria at Auschwitz, challenged the American Jewish intelligentsia to confront the Jewish question.4 What does it mean to be a Jew in America and who is an American Jew? Is the Jewish history of anti-Semitism and the Holocaust also a part of American-Jewish history? Is there a lesson in the destruction of European Jewry-the triumph of anti-Semitism, the failure of assimilation-relevant to American Jews? Is there a national component to being Jewish? Are Jews a people? If so, is …

Anomalous Dipolar Flexoelectric Effect In A Nematic Main-Chain Polymer, Rolfe G. Petschek, Eugene M. Terentjev

Faculty Scholarship

An anomalously large flexoelectric effect is predicted in the nematic phase of thermotropic main-chain polymers, which have a defined orientation of subsequent monomers bonded on the chain. We identify two different ranges of order parameters. When the persistence length of the chain in the direction parallel to the order parameters is larger than a monomer length but not too long (small order parameter), the longitudinal flexoelectric coefficient f is proportional to this exponentially large persistence length, assuming that the polymers are many persistence lengths long. This result corresponds to the simple estimation that relates flexoelectric coefficients to the Frank elastic …