Digital Commons Network^™

Political Interference In Law School Clinical Programs: Reflections On Outside Interference And Academic Freedom, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Defining Filartiga: Characterizing International Torture Claims In United States Courts, James Paul George

Faculty Scholarship

Since the Nuremburg trials and the attendant worldwide reaction to Nazi attrocities, the world has taken an increasing interest in preventing government torture. Whenever legal fictions such as national borders and other sovereignty concepts have acted as barriers to torture prevention, the world has responded, slowly and incrementally, with new legal fictions to overcome those barriers. A recent case in a United States federal court, Filartiga v. Pena-Irala, is a significant new increment toward the prevention of torture and more generally the international protection of human rights. Filartiga holds that torture, long prohibited by virtually all nations' laws and …

Charting The Future Course For Corporate Management Of Health Risks, Michael S. Baram

Faculty Scholarship

Corporations engage in technological activities of benefit to society, but thereby also create new health risks for workers, consumers, and communities. Government regulatory agencies deal with this chronic problem by conducting risk analyses and imposing various duties on private firms. Despite agency efforts and corporate compliance, health risks continue to arise and take their toll. To what extent will private firms voluntarily assume greater responsibility for preventing these health risks? This question is of increasing social importance, because the limitations of regulatory efforts are now obvious, whereas health risks are now being identified at what appears to be an increasing …

Low Energy Antiproton-Nucleus Elastic Scattering, R. Debbe, William J. Fickinger, R. Marino, D. K. Robinson

Faculty Scholarship

We have studied antiproton elastic scattering on Al, Cu, and Pb for two incident momenta: 514 and 633 MeV/c. The angular region covered extends from the forward Coulomb region to approximately 30 deg. The differential cross sections were analyzed using a nonrelativistic optical potential of the Woods-Saxon form, with the imaginary shape taken from electron scattering data. We obtained fits for the strengths of the real and imaginary parts of the potential, (V0, W0), of (51, 116) MeV for Al, (12, 71) MeV for Cu, and (12, 278) MeV for Pb.

Redeployment Of Tax Expenditures For Housing, Alan L. Feld

Faculty Scholarship

This article assesses housing-related tax expenditures and evaluates some of the proposals for changes in these programs, so as to make better use of tax aids for housing.

Nonlinear Effects In Supercritical Quenches Of A Binary Fluid, Rolfe G. Petschek

Faculty Scholarship

We report on a study of the evolution of the structure factor S(k,t) of a binary fluid mixture near the consolute critical point after rapid quenches which kept the system in the stable, one-phase region. S(k,t) always relaxed more slowly than expected on the basis of linear response and, under certain conditions, overshot the equilibrium value. A nonlinear theory without adjustable parameters, based on the Langevin equations for order-parameter fluctuations near the critical point, agreed with the data.

The Right To Know And The Duty To Disclose Hazard Information, Michael S. Baram

Faculty Scholarship

In late 1983, the Occupational Safety and Health Administration (OSHA) promulgated its final rule on "hazard communication." This rule establishes for many workers the right to know certain health hazard information held by their employers. Concurrently, the rule imposes on these employers the duty to disclose such privately held information. ^I

The OSHA rule is limited and late, and joins a crowded field. It follows in the wake of several decades of legal developments which have established various rights to know and duties to disclose. Since the latter part of the nineteenth century, state common law for personal injuries has …

Justification And Judicial Responsibility, David B. Lyons

Faculty Scholarship

These Centenary Lectures are devoted to the "tension between rule and policy" in adjudication. The charge to the lecturers suggests it is "naive" to suppose that "the proper function of a court is to apply an established rule of law to the dispute before it." This topic has been a focus of legal theory at least since Holmes delivered his famous lecture, "The Path of the Law"--nearly as long as law has been taught at the University of California. It merits our continuing study.

Psychosocial, Legal, And Ethical Dimensions Of Ultrasound Imaging In Pregnancy, Karen H. Rothenberg

Faculty Scholarship

No abstract provided.

The Role Of Attorney Fee Shifting In Public Interest Litigation, Robert V. Percival, Geoffrey P. Miller

Faculty Scholarship

No abstract provided.

The Separation Of Powers Under Carter, Peter E. Quint

Faculty Scholarship

No abstract provided.

Use Of The Freedom Of Information Act For Discovery Purposes, Edward A. Tomlinson

Faculty Scholarship

No abstract provided.

Grove City College V. Bell: Touchdown Or Touchback?, Karen Czapanskiy

Faculty Scholarship

No abstract provided.

Rethinking Novotny In Light Of United Brotherhood Of Carpenters & Joiners V. Scott: The Scope And Constitutionally Permissible Periphery Of Section 1985 (3), Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

A Background To Variance Problems Under The Uniform Commercial Code: Toward A Contextual Approach, John L. Gedid

Faculty Scholarship

No abstract provided.

Book Review (Reviewing Wesley A. Magat, Reform Of Environmental Regulation (1982)), John C. Dernbach, Thomas Y. Au

Faculty Scholarship

No abstract provided.

The Appropriateness And Design Of Categorical Decision-Making Systems, John J. Capowski

Faculty Scholarship

No abstract provided.

Constitutional Limits On Nationwide Personal Jurisdiction In The Federal Courts, Maryellen Fullerton

Faculty Scholarship

No abstract provided.

The Equal Credit Opportunity Act's Spousal Cosignature Rules And Community Property States: Regulatory Haywire, Winnie F. Taylor

Faculty Scholarship

No abstract provided.

An Assessment Of Affirmative Action In Law School Admissions After Fifteen Years: A Need For Recommitment, Leo M. Romero

Faculty Scholarship

Law schools have been admitting minority students through affirmative action programs since the late 1960s. The number of minority students matriculating in American law schools increased significantly as a result of affirmative action. Nearly three thousand or 4.3 percent of the 68,386 students enrolled in 1969-1970 were members of minority groups. By 1982-1983, the number and percentage of minority students had increased to 11,611 and 9 percent of the law school population of 127,915. The percentage of minority applicants enrolled in the first year of law school jumped from 4.2 percent in 1969-1970 to 10.5 percent in 1982-1983.

Mexican Liberals And The Pueblo Indians, 1821 - 1829, G. Emlen Hall, David J. Weber

Faculty Scholarship

When independence from Spain seemed an irreversible fact and he could no longer avoid acknowledging it, the last Spanish governor of the isolated frontier province of New Mexico, the loyal Facundo Melgares, ordered celebrations in honor of the birth of the new Mexican nation. On 6 January 1822, the streets of Santa Fe rang with the sound of church bells and guns fired into the air, as people made their way to Mass, participated in processions, listened to speeches, watched a special play, and danced well into the night. Among the revelers were Pueblo Indians from Tesuque who performed a …

A Special Pleading Rule For Civil Rights Complaints: A Step Forward Or A Step Back?, C. Keith Wingate

Faculty Scholarship

No abstract provided.

The Louis Stein Institute For Professional Responsibility And Leadership, Joseph Perillo

Faculty Scholarship

No abstract provided.

Serving Two Masters: Commercial Hues And Tax Exempt Organizations, Lawrence A. Zelenak

Faculty Scholarship

No abstract provided.

Compensation, Deterrence, And The Market As Boundaries For Derivative Suit Procedures, James D. Cox

Faculty Scholarship

No abstract provided.

Civil Procedure And Alternative Dispute Resolution, Paul D. Carrington

Faculty Scholarship

No abstract provided.

From The Editor: On Legislative History Research, Richard A. Danner

Faculty Scholarship

No abstract provided.

From The Editor: On Professional Literature, Richard A. Danner

Faculty Scholarship

No abstract provided.

The Original Understanding Of Original Intent, H. Jefferson Powell

Faculty Scholarship

When interpreting the Constitution, judges and commentators often invoke the "original intent of the framers" in support of their positions. Many claim that such an interpretative strategy is not only currently desireable, but indeed was the expectation of the Constitution's drafters and early interpreters. In this Article, Professor Powell examines the historical validity of the claim that the framers of the Constitution expected the future interpreters to seek the meaning of the document in the framers' intent. He first examines the various cultural traditions that influenced legal interpretations at the time of the Constitution's birth. Turning to the history of …

The Uniform Marital Property Act: Some Suggested Revisions For A Basically Sound Act, William A. Reppy Jr.

Faculty Scholarship

No abstract provided.