Digital Commons Network^™

Predicting The Future Of Privacy In Pregnancy: How Medical Technology Affects The Legal Rights Of Pregnant Women, George J. Annas

Faculty Scholarship

The bodies of pregnant women are the battleground on which the campaign to define the right of privacy is fought. The ultimate outcome will likely be shaped at least as much by new medical technologies as by politics or moral persuasion. This is because medical technologies do much more than change what we can do: they can radically alter the way we think about ourselves. Technologies have the power to change "not only the relation of man to nature but of man to man."1 More than that, they can alter our very concept of what it means to be human, …

Erratum: Linear Electroclinic Effect In A Chiral Nematic Liquid Crystal, Zili Li, Rolfe G. Petschek, Charles Rosenblatt

Faculty Scholarship

[No abstract available]

Choosing Judges The Democratic Way, Larry Yackle

Faculty Scholarship

A generation ago, the pressing question in constitutional law was the countermajoritarian difficulty.' Americans insisted their government was a democratic republic and took that to mean rule by a majority of elected representatives in various offices and bodies, federal and local. Yet courts whose members had not won election presumed to override the actions of executive and legislative officers who had. The conventional answer to this apparent paradox was the Constitution, which arguably owed its existence to the people directly. Judicial review was justified, accordingly, when court decisions were rooted firmly in the particular text, structure, or historical backdrop of …

Atari Games V. Nintendo: Does A Closed System Violate The Antitrust Laws, Glynn S. Lunney Jr

Faculty Scholarship

As I rushed through the malls this past Christmas, I noticed a new store, one that would not have been possible just a few years ago. It was a Nintendo boutique. I was permitted only to gaze longingly at the games and accessories on display before being pulled away to shop for the things I would actually buy, but I thought it would be fun to return someday and purchase the system and perhaps a few cartridges and accessones.

So, I must admit that my perspective on the Atari v. Nintendo suits will not be that of an unaffected observer, …

Amplifying Bose Corp. V. Consumers Union: The Proper Scope Of De Novo Appellate Review In Public Person Defamation Cases De Novo Appellate Review In Public Person Defamation Cases, Tigran W. Eldred

Faculty Scholarship

In 1984, the Supreme Court in Bose Corp. v. Consumers Union of United States, Inc.¹⁰ explicitly affirmed its longstanding practice¹¹ of independently reviewing a trial court's actual malice determination. At issue was whether an appellate court was bound under Federal Rule of Civil Procedure 52(a)¹² to defer to a trial court's finding of actual malice. The Court concluded that Rule 52(a) was inapplicable to the actual malice decision and that "[a]ppellate judges ... must exercise independent judgment and determine whether the record establishes actual malice with convincing clarity."¹³ The Court, in accord with New York …

Linear Electroclinic Effect In A Chiral Nematic Liquid Crystal, Zili Li, Rolfe G. Petschek, Charles Rosenblatt

Faculty Scholarship

A tilt of the optic axis linear in transverse electric field was observed in a surface-stabilized chiral nematic liquid crystal. The electroclinic constant ddE was found to exhibit significant pretransitional behavior on approaching the nematic-smectic-A transition temperature from above. A simple theoretical discussion involving coupled order parameters is presented.

Free Speech And Private Law In German Constitutional Theory, Peter E. Quint

Faculty Scholarship

No abstract provided.

Introduction To The Food Stamp Program, David A. Super

Faculty Scholarship

No abstract provided.

The First Integration Of The University Of Maryland School Of Law, David S. Bogen

Faculty Scholarship

No abstract provided.

Divorce Reform And Gender Justice, Jana B. Singer

Faculty Scholarship

The modern shift from fault-based to no-fault divorce has disappointed those who expected the no-fault system to eliminate economic inequality between divorced women and men. The fact that women and their dependent children invariably experience economic hardship after a divorce has caused Lenore Weitzman and other commentators to romanticize the "good old days" of fault-based divorce. Professor Singer attacks the logic of this nostalgia by demonstrating that women were 'not[' better off under the fault-based system. She then proposes an investment partnership model of post-divorce allocation which would insure a fair result for both spouses.

The Advent Of Zoning, Garrett Power

Faculty Scholarship

This essay looks at some of the lawyers and judges who were instrumental in the enactment and judicial approval of American zoning laws.

Aids And Government: A Plan Of Action, Taunya L. Banks

Faculty Scholarship

No abstract provided.

Child Support And Visitation: Rethinking The Connections, Karen Czapanskiy

Faculty Scholarship

No abstract provided.

What Are Professional Skills And Why Should Law Schools Teach Them?, Donald G. Gifford

Faculty Scholarship

No abstract provided.

Performance Obligations Of The Aggrieved Contractant: The French Experience, Edward A. Tomlinson

Faculty Scholarship

No abstract provided.

Equal Protection And A Deaf Person's Right To Serve As A Juror, Randy Lee

Faculty Scholarship

No abstract provided.

History And Executive Removal Power: Morrison V. Olson And Separation Of Powers, John L. Gedid

Faculty Scholarship

No abstract provided.

The Athletic Scholarship And The College National Letter Of Intent: A Contract By Any Other Name, Michael J. Cozzillio

Faculty Scholarship

No abstract provided.

Writing The Statement Of The Case: The "Bear" Necessities, Randy Lee

Faculty Scholarship

No abstract provided.

Beyond Parity: Section 1983 And The State Courts, Susan Herman

Faculty Scholarship

No abstract provided.

Reconsidering Role Assumption In Clinical Education, Minna J. Kotkin

Faculty Scholarship

No abstract provided.

Law Library Management: An Annotated Bibliography, Janet Sinder

Faculty Scholarship

No abstract provided.

Integration Of Professional Skills Into The Law School Curriculum: Where We've Been And Where We're Going, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Law And Community On The Mexican California Frontier: Anglo-American Expatriates And The Clash Of Legal Traditions, 1821-1846 By David J. Langum, G. Emlen Hall

Faculty Scholarship

Law and Community on the Mexican California Frontier: Anglo-American Expatriates and the Clash of Legal Traditions, 1821-1846. By David J. Langum. (Norman: University of Oklahoma Press, 1987. xii + 308 pp. Illustrations, tables, appendixes, notes, bibliography, index. $30.00.)

Setting Limits On Autonomy: Saving Money In An Aging Society, Robert L. Schwartz

Faculty Scholarship

In Setting Limits Dr. Daniel Callahan poses a solution: the termination of some kinds of treatment for the very elderly. His solution undercuts autonomy of the individual. This Article describes the values served by autonomy and explains why autonomy is so basic to making health care decisions and why its importance is especially great in the United States. Of course, autonomy is not absolute. This Article will define those classes of cases in which autonomy can be trumped by other interests. The Article will next determine whether the class of cases defined by Dr. Callahan fits within that definition. Finally, …

The Jurisprudence Of Poetic License, Calvin R. Massey

Faculty Scholarship

No abstract provided.

My Station As A Lawyer, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

The Semiconductor Chip Protection Act And Its Impact On The International Protection Of Chip Designs, Jay Erstling

Faculty Scholarship

The United States Semiconductor Chip Protection Act of 1984 (“SCPA”') has already had a profound impact on the creation of foreign legal systems of chip protection. The allure of reciprocity under the SCPA has motivated a host of nations, including Japan, the Member States of the European Communities (“EC”'), Sweden, Finland, Canada, Australia, and Switzerland, to adopt or consider adopting chip protection legislation. The SCPA has also been the impetus for multilateral discussions within the World Intellectual Property Organization (“WIPO”') and the General Agreement on Tariffs and Trade (“GATT”') to establish an international standard of chip protection. The result has …

Report: Foreword, John D. Feerick, Cyrus Vance

Faculty Scholarship

The last few years have been particularly bad for government integrity in New York. Since 1985, New York City has been rocked by a series of highly publicized scandals, arguably the worst since the days of Tammany Hall. One borough president was convicted of felonies; another committed suicide while under investigation; a congressman was recently convicted of bribery and extortion; former party chairmen in two boroughs were convicted of serious crimes; and a number of agency heads, judges, and lesser officials either have been convicted or forced to resign under a cloud of suspicion. And the City does not have …

The Rationality Of The Common Law, H. Jefferson Powell

Faculty Scholarship

No abstract provided.