Digital Commons Network^™

Confidence In Probability: Burdens Of Persuasion In A World Of Imperfect Knowledge, Neil B. Cohen

Faculty Scholarship

No abstract provided.

The Scandal Of Smith And Buchanan: The Skeletons In The Mcculloch Vs. Maryland Closet, David S. Bogen

Faculty Scholarship

McCulloch v. Maryland announced principles of constitutional interpretation, federal power and federal immunity which are now basic doctrines of constitutional law. Yet it was quickly the most widely attacked of all John Marshall’s decisions. A reader of the case today may have a great difficulty understanding the criticisms. One key lies in understanding the people behind McCulloch.

The Dog And His Shadow: A Response To Overcast And Evans, George J. Annas

Faculty Scholarship

Aesop's Fable, "The Dog and the Shadow," begins with a dog walking over a bridge with a piece of meat in his mouth. Looking down into the stream, he sees his shadow. Thinking it is a bigger dog, with a piece of meat twice the size of his own, the greedy dog decides to get it. Snarling, he opens his mouth to attack. At that moment the meat falls from his mouth, into the stream. The dog realizes his mistake, and sadly says to himself, "Grasp at the shadow and lose the substance."

Drs. Overcast and Evans have not yet …

The Reluctant Witness For The Prosecution: Grand Jury Subpoenas To Defense Counsel, Stacy Caplow

Faculty Scholarship

No abstract provided.

A Moderate And Restrained Federal Product Liability Bill: Targeting The Crisis Areas For Resolution, Aaron D. Twerski

Faculty Scholarship

No abstract provided.

May The Government Exclude "Nontraditional" Charities From A Federally-Sponsored Charity Drive?, Joel Gora

Faculty Scholarship

No abstract provided.

Fair Representation As Equal Protection, Michael C. Harper, Ira C. Lupu

Faculty Scholarship

In this Article, Professors Harper and Lupu argue that a model of "principled democracy" can systematize the now-disjointed body of labor law that imposes upon labor unions a duty of fair representation (DFR). The authors derive the framework for this model from the normative principle at the core of equal protection theory - that decisionmakers must accord "equal respect" to all within their jurisdiction. To transform equal protection doctrine into standards for the DFR, the authors strip away the institutional components of equal protection doctrine that are appropriate for judicial review of decisions made by public officials but inapplicable to …

A Truce In The Takeover Wars?, Gary S. Lawson

Faculty Scholarship

To a casual observer, hostile corporate takeovers may seem as pointless and destructive a form of modern warfare as the Iran/Iraq conflict. "Raiders" strike with bear hugs, junk bonds, and two-tier tender offers. Incumbent managers respond with poison pills, greenmail payments, shark repellents, and golden parachutes. Congress is wearying of the strife, and may soon impose a cease-fire on the combatants -but to whose benefit?

Regulating Heart And Liver Transplantation, George J. Annas

Faculty Scholarship

Organ transplantation has been a favorite topic of health lawyers since its inception. Organ procurement was addressed with the adoption of the Uniform Anatomical Gift Act in all fifty states, and "brain death" has been recognized both judicially and legislatively across the United States. Nonetheless, it is now apparent that the major problems in organ transplantation are not legal in nature, and thus neither are the solutions. Heart and liver transplants are extreme and expensive medical interventions that few individuals can afford and few hospitals can offer. In an era of economic scarcity, how (if at all) should organ transplant …

Formal Justice And Judicial Precedent, David B. Lyons

Faculty Scholarship

Despite the encroachment of legislation on matters that used to lie within the province of the common law, considerable scope remains for the judicial practice of following precedent, without challenging the authority of written law. For decisions must still be rendered where legislation has not yet intervened, and interpretations of written law can be accorded precedential force.

Why should courts follow precedents? When past decisions are unobjectionable on their merits, the practice is relatively unproblematic. It might, perhaps, be justified by the usual argument that it makes judicial decisions more predictable. That justification hardly seems, however, to confront the fact …

Comment On "Pyroelectric Materials As Electronic Pulse Detectors Of Ultraheavy Nuclei", R. Al-Jishi, L. L. Foldy, Rolfe G. Petschek, P. L. Taylor

Faculty Scholarship

[No abstract available]

Crossover From The O(2) To O(1) Universality Class In Equilibrium Polymerization, Rolfe G. Petschek

Faculty Scholarship

Equilibrium polymerization systems in which directed rings are formed correspond to O(2) vector models of magnetism and ones in which undirected rings form correspond to O(1) models. In this paper it is shown that a system in which polymers tend to form directed rings but there is a finite free energy for misdirected bonds corresponds to an O(2) model with a uniaxial anisotropy which causes it to crossover to an O(1) model.

Measurement Of The Real-To-Imaginary Ratio Of The P̅ P Forward-Scattering Amplitudes, R. Debbe, William J. Fickinger, R. Marino, D. K. Robinson

Faculty Scholarship

We have measured the ratio of the real to the imaginary parts of the pÌ… p forward-scattering amplitude in the incident-momentum range 360 to 650 MeV/c. These results are in good agreement with predictions of the Paris nucleon-antinucleon potential model which include spin-flip effects.

Baby Doe Cases: Compromise And Moral Dilemma, Phoebe A. Haddon

Faculty Scholarship

No abstract provided.

The Tax Effects Of A Shareholder's Post-Incorporation Sale Of Stock: A Reappraisal, Robert I. Keller

Faculty Scholarship

No abstract provided.

Geac At The University Of Maryland Law Library: Commentary On Fishlyn, Barbara S. Gontrum

Faculty Scholarship

No abstract provided.

A Context-Based Theory Of Strategy Selection In Legal Negotiation, Donald G. Gifford

Faculty Scholarship

No abstract provided.

Time Limits Under The Freedom Of Information Act: Another Problematic New Property Reform, Karen Czapanskiy

Faculty Scholarship

No abstract provided.

Tax Planning For Interest After Tra 1984: Unstated Interest And Original Issue Discount, Daniel S. Goldberg

Faculty Scholarship

No abstract provided.

The Supreme Court Rules For The Reporting Of Opinions: A Critique, William M. Richman, William L. Reynolds

Faculty Scholarship

No abstract provided.

Maternal Duties During Pregnancy: Toward A Conceptual Framework, Maxwell L. Stearns

Faculty Scholarship

No abstract provided.

Informed Consent To Participation In Medical Research Employing Elderly Human Subjects, Robert L. Schwartz

Faculty Scholarship

The primary question facing researchers who intend to employ elderly human subjects is whether their subjects' advanced age requires that the protection of their autonomy be accomplished in some manner that is different from that employed to protect other subjects. Answering this question will require an analysis of whether elderly subjects have a greater or lesser interest in autonomy than do others who might be subjects in human research, and whether it is more or less important to protect them from potential research abuse. This article will suggest that the elderly may possess several attributes that require that they be …

The Insanity Defense In Fact And Fiction: A Review Essay Of Norval Morris's Madness And The Criminal Law, Susan Herman

Faculty Scholarship

No abstract provided.

Mentally Retarded Criminal Defendants, James W. Ellis, Ruth A. Luckasson

Faculty Scholarship

This Article attempts to provide a preliminary overview of the issues in the Mental Health Standards as they relate to defendants with mental retardation. Part I reviews the history of the treatment of retarded defendants in the criminal justice system. Part II describes the characteristics of people with mental retardation and the consequences of those characteristics. Part III then discusses the extent to which mental retardation should be exculpatory of criminal responsibility. Part IV analyzes the critical importance of competence issues to mentally retarded defendants. Part V elaborates upon dispositional issues including civil commitment and sentencing. Parts VI and VII …

Damned If You Do, Damned If You Don't: Hospitals' Liability For Physicians' Malpractice, Diane M. Janulis, Alan D. Hornstein

Faculty Scholarship

This Article explores some of the problems hospitals face in avoiding liability for the negligence of their independent contractors.  After a critical analysis of the theories underlying imposition of liability, we discuss the sometimes conflicting public policy considerations respecting the mandates given to the modern hospital as these mandates affect hospitals’ liability.

Third-Party Action Over Against Workers’ Compensation Employer, Arthur Larson

Faculty Scholarship

Wages

The Alaska Workers’ Compensation Law: Fact-Finding, Appellate Review, And The Presumption Of Compensability, Arthur Larson, John Lewis

Faculty Scholarship

No abstract provided.

The Politics Of Reason: Critical Legal Theory And Local Social Thought, James Boyle

Faculty Scholarship

No abstract provided.

James A. Martin, Paul D. Carrington

Faculty Scholarship

No abstract provided.

Parchment Matters: A Meditation On The Constitution As Text, H. Jefferson Powell

Faculty Scholarship

No abstract provided.