Digital Commons Network^™

The Role Of Institutional Factors In Protecting Individual Liberties, Thomas W. Merrill

Faculty Scholarship

Questions about the efficacy of the Bill of Rights cry out for serious comparative legal scholarship. Robert Ellickson and Frank Easterbrook suggest that one might approach these questions by looking at different state constitutions. One might also look more seriously at the different constitutional regimes around the world, and try to draw some judgments about what impact, if any, different types of constitutional arrangements have on individual rights. We have heard expressions of skepticism about this approach, but there has been very little serious comparative scholarship by constitutional law scholars in this country. The scholarly tradition in America has been …

The Relevance Of Coherence, Joseph Raz

Faculty Scholarship

Coherence is in vogue. Coherence accounts of truth and of knowledge have been in contention for many years. Coherence explanations of morality and of law are a newer breed. I suspect that like so much else in practical philosophy today they owe much of their popularity to John Rawls. His writings on reflective equilibrium, while designed as part of a philosophical strategy which suspends inquiry into the fundamental questions of moral philosophy, had the opposite effect. They inspired much constructive reflection about these questions, largely veering toward coherence as the right interpretation both of reflective equilibrium and of moral philosophy. …

Pluralism, Parental Preference, And Child Custody, Elizabeth S. Scott

Faculty Scholarship

Modern child custody law faces an important challenge in responding to pluralistic and evolving gender and parenting roles. Professor Scott finds rules favoring maternal custody, joint custody, and the best interests of the child wanting; she argues that the optimal response to the current pluralism in family structure is a rule that seeks to replicate past parental roles. This "approximation" standard promotes continuity and stability for children. It encourages cooperative rather than conflictual resolution of custody, thereby ameliorating the destructive effects of bargaining at divorce. It also recognizes and reinforces role change in individual families, encouraging both parents to invest …

The Political Ecology Of Takeovers: Thoughts On Harmonizing The European Corporate Governance Environment, Ronald J. Gilson

Faculty Scholarship

Economic policy debate in the United States during the 1980s focused on the dynamics of bidder and target tactics in hostile takeovers. Confronted with the largest transactions in business history, financial economists took advantage of developments in econometric techniques to conduct virtually real time studies of the impact on firm value of each new bidder tactic and target defense. For courts and lawyers, hostile takeovers subjected standard features of corporate law to the equivalent of a stress x-ray, revealing previously undetected doctrinal cracks. Congress held seemingly endless hearings on the subject, although managing to enact only relatively innocuous tax penalties …

Microcolins A And B, New Immunosuppressive Peptides From The Blue-Green Alga Lyngba Majuscula., F. E. Koehn, Ross E. Longley, John K. Reed

Faculty Scholarship

Microcolin A [1] and microcolin B [2] are new immunosuppressive lipopeptides isolated from a Venezuelan sample of the blue-green alga Lyngbya majwcnh. The microcolins are potent inhibitors of the murine mixed lymphocyte response and murine P-388 leukemia in vitro. Isolation and structure elucidation of 1 and 2 by nmr, mass spectral, and chemical methods are described.

Marine organisms have emerged as an abundant source of novel peptide secondary metabolites (1). Several of these, such as the didemnins ( 2 4 ) , dolastatins ( 5 4 , and discodermins (9-11), have been shown to possess striking biological activity, for the …

Of Harms And Benefits: Torts, Restitution, And Intellectual Property, Wendy J. Gordon

Faculty Scholarship

Copyright and patent take the form of ordinary property. As tangible property has physical edges, intellectual property statutes create boundaries by defining the subject matters within their zone of protection. As real property owners have rights to prevent strangers from entering their land, intellectual property statutes and case law grant owners rights to exclude strangers from using the protected work in specified ways. As tangible property can be bought and sold, bequeathed and inherited, so can copyrights and patents.

Eastern Atlantic Expedition: Submersible And Scuba Collections For Bioactive Organisms From The Azores To Western Africa., John K. Reed, Shirley A. Pomponi

Faculty Scholarship

Research expeditions conducted by Harbor Branch Oceanographic Institution on the R/V Sea Diver in 1990 and on the R/V Seward Johnson in 1991 explored the waters of the Azores, Madeira Islands. Salvage Islands, Canary Islands, Republic of Cape Verde, and the west African countries Senegal and Sierra Leone. The objectives were to collect marine macro- and microorganisms for the purpose of isolating novel, biologically active compounds with potential as therapeutic agents for human diseases. A total of 1,756 samples of macroinvertebrates and algae were collected at 254 sites, utilizing submersible. scuba, trawl, and dredge. During 69 operational days, 28 diver-scientists …

Submersible Studies Of Deep-Water-Oculina And Lophelia Coral Banks Off Southeastern U.S.A., John K. Reed, Harbor Branch Oceanographic Institute

Faculty Scholarship

Two types of deep-water coral banks occur off the coast of southeastern United States: Oculina and Lophelia/Enallopsammia. The Oculina banks form an extensive reef system at depths of 70-100 m along the shelf edge off central eastern Florida. These reefs are comprised of >100 individual pinnacles and ridges which are up to 24 min height. Each pinnacle is actually a bank of unconsolidated sediment and coral debris that is capped on the slopes and crest with living colonies of Oculina varicosa. the ivory tree coral. In comparison, deep-water banks of Lophelia and Enallopsammia corals occur at depths of 490-870 m …

Evidence For Proximal Control Of Ligand Specificity In Hemeproteins: Absorption And Raman Studies Of Cryogenically Trapped Photoproducts Of Ligand Bound Myoglobins, Mark R. Chance

Faculty Scholarship

The absorption and resonance Raman spectra of cryogenically trapped photoproducts of oxy and carboxy derivatives of myoglobin (Mb) are compared and analyzed in an attempt to understand the structural basis for ligand specificity in hemeproteins. Pulsed and cw excitations over a wide temperature range are used in order to differentiate between kinetic hole burning (KHB), optical pumping of structural relaxation, and spontaneous relaxation effects. Using these techniques, we are able to correlate changes in the absorption spectrum (band III at ≈ 760 nm) with low-frequency Raman bands. Based on these correlations we are able to determine which proximal heme pocket …

Surface-Induced Polarization At A Chiral-Nematice Substrate Interface, Sanjay Tripathi, Min-Hua Lu, Eugene M. Terentjev, Rolfe G. Petschek, Charles Rosenblatt

Faculty Scholarship

A novel linear electro-optic effect is observed in a surface-stabilized chiral nematic cell above the Fréedericksz transition threshold field. The slow dynamic response indicates that this effect arises from the interfacial region which elastically couples to the bulk, rather than directly from the bulk. Moreover, evidence suggests that the primary effect is a spontaneous electric polarization very near the interface. Other possible contributions to this effect are discussed.

Racial Discrimination In Business Transactions, Robert E. Suggs

Faculty Scholarship

When the Supreme Court invalidated a municipal minority business set-aside in City of Richmond v. J.A. Croson Co., it failed to recognize the special circumstances confronting the minority entrepreneur. Contrary to the Court’s own erroneous assertion that “[s]tates and their local subdivisions have many legislative weapons at their disposal both to punish and prevent present [business] discrimination ….” – they do not. Nor can they create effective antidiscrimination remedies as a practical matter. As a result that decision leaves minority business owners vulnerable to discrimination from other business firms but without a remedy. Part I identifies the glaring failure …

A Tale Of Two Professions: The Third-Party Liability Of Accountants And Attorneys For Negligent Misrepresentation, Gary S. Lawson, Tamara Mattison

Faculty Scholarship

To whom does a professional owe a duty of care when providing professional services?1 The traditional answer, grounded in principles of contractual privity, is that professionals are liable for negligence to their clients, and perhaps to third-party beneficiaries of the client-professional relationship, but that their noncontractual obligations generally extend no further than a duty not to commit fraud.2 In the past two decades, however, courts have become increasingly willing to hold a wide range of professionals liable for their negligence to parties outside the chain of privity. 3 The accompanying growth of third-party4 lawsuits alleging professional negligence and in particular …

Closing The American Products Liability Frontier: The Rejection Of Liability Without Defect, Aaron Twerski, J. A. Henderson

Faculty Scholarship

No abstract provided.

Star Gazing: The Future Of American Products Liability Law, Aaron Twerski, J. A. Henderson

Faculty Scholarship

No abstract provided.

Federalism And The Prevention Of Groundwater Contamination, Denise D. Fort

Faculty Scholarship

Pending

Operation Rescue: Was The Justice Dept. Right To Intervene In Wichita?, Gary S. Lawson, Celeste Lacy Davis, Eve W. Paul

Faculty Scholarship

Discussion of Operation Rescue attempt to shut down abortion clinic in Wichita, KS in August 1991, and ensuing decision of U.S. District Judge Patrick Kelly, as well as intervention of Justice Department. A debate-style article with "pro" side written by Gary Lawson and "con" side written by C.L. Davis & E.W. Paul.

Checks Without Balance: Executive Office Oversight Of The Environmental Protection Agency, Robert V. Percival

Faculty Scholarship

No abstract provided.

Real Property: 1991 Survey Of Florida Law, Ronald B. Brown

Faculty Scholarship

No abstract provided.

H Ii Region Abundances: Model Oxygen Line Ratios, Stacy S. Mcgaugh

Faculty Scholarship

We present an extensive, homogeneous grid of H II region models. We find that the behavior of the strong oxygen lines can be modeled by taking proper account of the softening of the ionizing spectra pro duced by stars of increasing metallicity. This provides a calibration of the abundance indicating line ratio ([O II] λ3727 + [O III] λλ4959, 5007)/Hβ which is comparable in accuracy to that obtainable by direct methods when a temperature-sensitive line ratio is available. No metallicity dependence of the IMF is required to explain the systematic softening of stellar spectra with increasing metallicity. It results naturally …

The Private Attorney General Meets Public Contract Law: Procurement Oversight By Protest, Robert C. Marshall, Michael J. Meurer, Jean-Francois Richard

Faculty Scholarship

In this Article, protests are analyzed, from both an economic and legal perspective, as a decentralized mechanism for oversight of the competitive procurement process. Attention focuses on the protest process at the General Services Administration Board of Contract Appeals (hereinafter "the Board" or "GSBCA"). It is argued that protests are an effective means of deterring and correcting agency problems among procurement personnel and, consequently, accomplishing the procurement objectives of the government. Drawbacks of the protest process are identified, explanations are offered for the existence of these negative side effects, and solutions are proposed. In addition, protests are compared to centralized …

Of Posin And Pigs, Of Coase And Cost, Of Profits Gained And Opportunities Lost, Stephen G. Marks

Faculty Scholarship

In his article, "The Coase Theorem: If Pigs Could Fly," Professor Daniel Posin purports to demonstrate that the Coase Theorem fails because it incorrectly accounts for opportunity costs. This short paper will demonstrate that there is a mistake in the example Posin uses to prove his assertion. Although the mistake is a small one, it completely drives his result. In fact, after correcting the mistake, Posin's example corroborates, rather than refutes, the Coase Theorem.

Aggregation Of Aqueous Suspensions Of Phospholipid Tubules, Min-Hua Lu, Jerome B. Lando, J. Adin Mann Jr., Rolfe G. Petschek, Charles Rosenblatt

Faculty Scholarship

[No abstract available]

Π‾P→Π⁰Π⁰N Near Threshold And Chiral Symmetry Breaking, William J. Fickinger, D. K. Robinson

Faculty Scholarship

Total cross sections, angular, and mass distributions for the reaction π-p→π0π0n have been measured for pπ-(lab)=7–140 MeV/c above threshold. The threshold amplitude was used to determine a value for the chiral-symmetry-breaking parameter, ξ, of -0.98±0.52. The ππ scattering lengths aI for isospin I=0 and 2 are derived from this result, together with a current-algebra sum rule. The results are a0=(0.207±0.028)mπ-1 and a2=(-0.022±0.011)mπ-1. These values are consistent with chiral symmetry broken by the Weinberg ππ interaction and the effects of the f0(975) scalar meson.

The Second Circuit's Role In Expanding The Sec's Jurisdiction Abroad, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Through The Looking Glass Darkly: Cleveland V. Piper Aircraft And Second Collision Liability, David J. Stout

Faculty Scholarship

The holding in Clevland v. Piper Aircraft Corpororation is in direct conflict with the analysis for the tort of crashworthiness and operates to undermine the fundamental social policies which formed the basis for the tort of crashworthiness. A thorough understanding of the Tenth Circuit's opinion, which is not binding on New Mexico state courts, and the reasons why the court misconstrued New Mexico law is essential for the successful prosecution of a crashworthiness case

Choosing Federal Court For Determination Of State Law Questions, Ted Occhialino

Faculty Scholarship

The combined effect of Erie R. R. Co. v. Tompkins, 304 US. 64, 82 L Ed. 1188, 58 S. Ct 817 (1938) and proliferating certification statutes is to diminish, but not eliminate, the advantage that a litigant might gain from having a federal Judge, rather than a state court, construe state law. There continue to be cases in which the opportunity for a more favorable interpretation of state law in federal court will be an important and possibly determinative factor in choosing a federal court for the resolution of claims based upon state law. The possibility of a favorable "Erie …

The Violence Of Privacy, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Greenmail, The Control Premium And Shareholder Duty, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

The Second Circuit's Role In Expanding The Sec's Jurisdiction Abroad, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

L'Harmonie Dissonante: Strict Products Liability Attempted In The European Community, Anita Bernstein

Faculty Scholarship

No abstract provided.