Digital Commons Network^™

Surrogate Fatherhood?, Frances H. Miller

Faculty Scholarship

No abstract provided.

Critical Behavior Of A Frustrated Ising System, O. Heinonen, Rolfe G. Petschek

Faculty Scholarship

Finite-size-scaling analysis of a simulation of the critical behavior of a nonrandom three-dimensional frustrated system yields a tricritical-like behavior not predicted by a simple Landau-Ginzburg-Wilson theory. We argue that, because of the frustration, the free energy of many phases is close to that of the observed ordered phase and that a complete theory must take into account interactions between fluctuations of order parameters of all these phases. We suggest that these properties are generic to frustrated systems. Related transitions in the model are also discussed.

Dynamics Of Dislocation-Mediated Melting In A Two-Dimensional Lattice In The Presence Of An Oscillatory Applied Strain, Arnold J. Dahm, M. A. Stan, Rolfe G. Petschek

Faculty Scholarship

The temperature and frequency dependence of the power dissipated in a two-dimensional crystal subjected to an applied strain is shown to exhibit a distinct signature for dislocation-dissociation melting. The power absorption is analogous to the case of thin helium films subjected to an applied velocity field. Power loss by dislocation motion in the compressional mode is severely limited by the presence of nonequilibrium densities of interstitial and vacancy defects that are created or annihilated by dislocation climb. Tables of analogs between dislocations, vortices, and charges in two-dimensional systems are presented. The relation of the results to published experiments is discussed.

Copyright Protection For Asic Gate Configurations: Plds, Custom And Semicustom Chips, Glynn S. Lunney Jr

Faculty Scholarship

Conventional wisdom holds that computer software and computer hardware require two different species of intellectual property protection. Software is thought best protected by copyright law, while hardware is thought best protected by patent law, trade secret law or the Semiconductor Chip Protection Act of 1984. Recent technological and legal developments blur software-hardware distinctions, as courts have extended copyright protection to object code, firmware and microcode, and patent protection to software. This note argues that the standard industry conceptions of hardware and software are inadequate to answer the legal question of what is copyrightable as a computer program. Furthermore, it considers …

A Critical Approach To Section 1983 With Special Attention To Sources Of Law, Jack M. Beermann

Faculty Scholarship

The Civil Rights Act of 1871¹ ("§ 1983") establishes a tort-like remedy for persons deprived of federally protected rights "under color of law."'² While the statute's broad language provides a remedy for violations of federal constitutional and statutory rights, the statute itself provides little or no guidance regarding important subjects such as the measure of damages, the availability of punitive damages, the requirements for equitable relief, the statute of limitations, survival of claims, proper parties, and immunities from suit.³...

...The first part of this article examines the narrowly "legal" analysis of § 1983 in the cases …

Shutting Down The Government, Alan L. Feld

Faculty Scholarship

Actions of the federal government cost money. Legislative processes that specify the amounts and purposes of governmental expenditures control the scope and content of government actions.¹ To paraphrase Chief Justice Marshall, the power to withhold spending involves the power to destroy.²

Those involved in the legislative process ordinarily do not engage in wholesale or sudden dismantling of government activities through unheralded failures to provide funds. While disputes over funding constitute a regular part of the nation's political activity, these controversies usually concern adjustments in the level of spending and of agency operations. A decision to terminate an agency …

What Can Be Done About Stock Market Volatility, Tamar Frankel

Faculty Scholarship

Volatility is as old as the financial markets. The bull market of 1986 and the crash that followed in 1987 were but the latest of periodic market gyrations that started with the South Sea Bubble and the Lombard Street run on commercial paper and have continued ever since.' Volatility in the financial markets would not be very important if market activity simply mirrored economic activity. Volatility would be much less important if the markets moved independently of the economy. But if we believe, as I do, that the markets and the economy are interdependent, and that their volatility is generally …

The Continued Importance Of The Maryland Declaration Of Rights, William L. Reynolds

Faculty Scholarship

An analysis of the origins and development of Maryland's 'Declaration of Rights.'

The Case Against All Encompassing Federal Mass Tort Legislation: Sacrifice Without Gain, Aaron Twerski, R. A. Sedler

Faculty Scholarship

No abstract provided.

Market Share - A Tale Of Two Centuries, Aaron Twerski

Faculty Scholarship

No abstract provided.

Radiative Kaon Capture At Rest In Hydrogen, William J. Fickinger, D. K. Robinson

Faculty Scholarship

The photon spectrum from K- stopping in liquid hydrogen has been measured with a high-resolution (1.5% FWHM at 300 MeV) NaI(Tl) detector. The branching ratios for K-p→Λγ (Eγ=281.4 MeV) and K-p→Σ0γ (Eγ=219.5 MEV) were obtained. The results are RΛγ=(0.86±0.07-0.08+0.1)×10-3 and RΣ0γ=(1.44±0.20-0.10±0.12)×10-3 where the first error is statistical and the second systematic. These results are not in good agreement with published predictions or with previous Λγ measurements.

The Supreme Court Of Israel: Formative Years, 1948-1955, Pnina Lahav

Faculty Scholarship

This article looks at the institutional and jurisprudential development of the Israeli Supreme Court in its early stages.

The Joint Tortfeasor Legislative Revolt: A Rational Response To The Critics, Aaron Twerski

Faculty Scholarship

No abstract provided.

The Baby Swallowed The Bathwater: A Rejoinder To Professor Wright, Aaron Twerski

Faculty Scholarship

No abstract provided.

Baseline Questions In Legal Reasoning: The Example Of Property In Jobs, Jack M. Beermann, Joseph William Singer

Faculty Scholarship

In what follows, we critique at-will employment by focusing on the baselines that underlie the analysis. Our ultimate goal is to develop persuasive arguments to move courts and businesses to provide greater job security for workers. One possible reason the courts have been so reluctant to change employment law is that judges analyze job security issues from the standpoint of a series of baselines which have the effect of creating a presumption against job security that is almost impossible to overcome. These baseline assumptions effectively place the burden of proof on advocates of job security.

Judges fail to recognize that …

Doctors And Lawyers And Wolves, George J. Annas

Faculty Scholarship

Relations between lawyers and physicians, and therefore between law and medicine, are getting more and more destructive and counterproductive. It used to be a joke, but it's not funny anymore. We can't afford the continuing and escalating acrimony between our professions and it's time that we take constructive steps in the public interest to deal with it.

Transitions And Modulated Phases In Chiral Tilted Smectic Liquid Crystals, George A. Hinshaw Jr., Rolfe G. Petschek

Faculty Scholarship

Modulated phases that occur in tilted chiral smectic liquid crystals are discussed within mean-field theory in thin films and in bulk. A chiral term in the free energy containing three order parameters and one gradient can make the free energy of certain defects negative or the bend elastic constant negative. Assuming various possible behaviors for these defect energies we find either a striped state with parallel defect walls or a lattice of hexagonal unit cells containing disclinations bounded by intersecting defect walls in films. Rather different transitions to the striped phase occur when this elastic constant is either positive or …

Conflicts Of Law (1989), Sharon N. Freytag, Don D. Bush, James Paul George

Faculty Scholarship

Conflicts of law occur when foreign elements appear in a lawsuit. Nonresident litigants, incidents in sister states or foreign countries, and lawsuits from other jurisdictions represent foreign elements that may create problems in judicial jurisdiction, choice of law, or recognition of foreign judgments, respectively. This Article reviews Texas conflicts of law during the Survey period from late 1987 through 1988. The survey includes cases from Texas state and federal courts. Excluded are cases involving federal state conflicts, criminal law, intrastate matters such as subject matter jurisdiction and venue, and conflicts in time, such as the applicability of prior or subsequent …

The Right To Forego Life-Sustaining Treatment: Legal Trends And Emerging Issues, Karen H. Rothenberg

Faculty Scholarship

No abstract provided.

The Plessy Case: A Legal-Historical Interpretation, David D. Meyer

Faculty Scholarship

No abstract provided.

Caveat Auditor: The Rise Of Accountants' Liability, Gary S. Lawson

Faculty Scholarship

The revolution in liability law started with personal-injury claims, and many observers have imagined, or hoped, that it would remain confined to that uniquely emotional class of cases. Not so. According to a survey by the publication Inside Litigation, quoted in the May 18 Wall Street Journal, the biggest judgments are now coming in the type of contract and business cases where the complained-of injuries are financial. Among the professions sore beset by lawsuits at the moment is one that puts out a wholly intangible "product": accounting.

Recent Approaches To The Trade Or Business Requirement Of Section 174: Unauthorized Snow Removal, Daniel S. Goldberg

Faculty Scholarship

No abstract provided.

Practical Suggestions For Practicing Lawyers, Anita Bernstein

Faculty Scholarship

No abstract provided.

The Biotechnology Revolution And Its Regulatory Evolution, Diane E. Hoffmann

Faculty Scholarship

No abstract provided.

Introduction: Third Abraham L. Pomerantz Lecture: The First Amendment And Government Regulation Of Economic Markets, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Under Advisement: Attorney Fee Forfeiture And The Supreme Court, Stacy Caplow

Faculty Scholarship

No abstract provided.

Corporate Risk Management And Risk Communication In The European Community And The United States, Michael S. Baram

Faculty Scholarship

The responsibility of private firms to communicate hazard and risk information to government officials and persons at risk has emerged as one of the central features of corporate risk management in the European Community ("E.C.") and the United States ("U.S."). This function is commonly described as "risk communication."' In both the E.C. and the U.S., new legal requirements and public attitudes now promote corporate disclosure of hazard and risk information on an unprecedented scale.

Corporate risk management is a vast, complex field of activity that is largely unaddressed by commentators and unknown to the general public in both industrial societies. …

Rational Decisions And Regulation Of Union Entry, Keith N. Hylton, Maria O'Brien

Faculty Scholarship

More than a decade after the publication of Law and Reality, the debate continues over the proper scope of election campaign regulation under the National Labor Relations Act (the "Act"). The issue has been whether employer efforts to dissuade employees from electing a union to represent them in collective bargaining actually influence the outcomes of elections. Several academic lawyers and social scientists have criticized one aspect or another of the Getman, Goldberg and Herman results (hereinafter the "Getman Study"), suggesting that many employer tactics have no effect on election outcomes, and that such tactics should not be regulated by …

Equitable Access To Biomedical Advances: Getting Beyond The Rights Impasse, Wendy K. Mariner

Faculty Scholarship

In 1988, gay rights activists and supporters demonstrated outside a Food and Drug Administration building demanding unrestricted access to experimental drugs being tested for the treatment of human immunodeficiency virus ("HIV") infection and acquired immunodeficiency syndrome ("AIDS").² Across the ocean in France, in October of the same year, came an equally insistent demand from women's groups, scientists, and family planning agencies that the pharmaceutical company Groupe Roussel Uclaf put its abortifacient RU 486 back on the market.' Early in 1989, people were outraged when newspapers reported that New Hampshire's Medicaid program would not pay for a life-saving bone marrow …

Health Law At The Turn Of The Century: From White Dwarf To Red Giant, George J. Annas

Faculty Scholarship

The evolution of stars is inexorable. From the form in which we currently view our own Sun, it and similar stars eventually expand as their exteriors cool to become red giants. When a red giant runs out of fuel, its exposed core will collapse to form a degenerate white dwarf and, eventually, a dead black dwarf.¹ Health law, as a discipline worthy of our attention, seems to have an opposite trajectory: from black dwarf to white dwarf, it is now on its way to becoming a red giant. The relevance of health law and the reasons for its exponentially …