Digital Commons Network^™

Reference Theory And The Future Of Legal Reference Service, Richard A. Danner

Faculty Scholarship

No abstract provided.

Foreword, Clark C. Havighurst

Faculty Scholarship

No abstract provided.

Navigation In The Exclusive Economic Zone, Horace B. Robertson

Faculty Scholarship

Perhaps the most significant outcome of the Third United Nations Conference on the Law of the Sea (UNCLOS Ill or "Conference") was the recognition in the Convention adopted at that Conference of the exclusive economic zone.

Controlling Fraud Against The Government: The Need For Decentralized Enforcement, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

In Defense Of Equality: A Reply To Professor Westen, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Pure Comparative Law And Legal Science In A Mixed Legal System, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.

Book Review, Administrative Law, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.

International Exchange Of Information In Criminal Cases, Michael E. Tigar, Austin J. Doyle Jr.

Faculty Scholarship

No abstract provided.

The Business Judgment Rule In The Context Of Termination Of Derivative Suits By Independent Committees, James D. Cox, Donald E. Schwartz

Faculty Scholarship

No abstract provided.

Foreword: Symposium On Hospital Law, Clark C. Havighurst

Faculty Scholarship

No abstract provided.

Health Planning And Antitrust Law: The Implied Amendment Doctrine Of The Rex Hospital Case, Clark C. Havighurst

Faculty Scholarship

No abstract provided.

Private Credentialing Of Health Care Personnel: An Antitrust Perspective, Part 1, Clark C. Havighurst, Nancy M. P. King

Faculty Scholarship

This Article explores the antitrust and other implications of private credentialing and accrediting programs in the health care industry. Although such programs are usually sponsored by powerful competitor groups, they serve the procompetitive purpose of providing useful information and authoritative advice to independent decision makers. Part One examines the risk that credentialing will sometimes be unfair to competitors and deceive consumers. Its survey of common-law, antitrust, and regulatory interventions to correct such unfairness and deception seeks to determine the degree of oversight to which credentialing and similar activities have been and should be subjected. In recommending that judicial or regulatory …

The Justice Of Economics: An Analysis Of Wealth Maximization As A Normative Goal (Review Essay), Richard L. Schmalbeck

Faculty Scholarship

Reviewing, R. Posner,The Economics of Justice (1981).

Competing Aims Of Legal Education, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Why Lawyers Should Be Allowed To Advertise: A Market Analysis Of Legal Services, Geoffrey C. Hazard Jr., Russell G. Pearce, Jeffrey W. Stempel

Faculty Scholarship

No abstract provided.

Reducing Court Costs And Delay: The Potential Impact Of The Proposed Amendments To The Federal Rules Of Civil Procedure, Richard L. Marcus

Faculty Scholarship

No abstract provided.

Myth And Reality In Protective Order Litigation, Richard L. Marcus

Faculty Scholarship

No abstract provided.

Fraudulent Concealment In Federal Court: Toward A More Disparate Standard?, Richard L. Marcus

Faculty Scholarship

No abstract provided.

Eliminating The "Defect" In Design Strict Products Liability Theory, John L. Diamond

Faculty Scholarship

No abstract provided.

Robert J. Kutak: A Brief Appreciation, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

When Incommensurable Values Conflict -- Thoughts On Mandelker's Environment And Equity: A Regulatory Challenge, Bailey Kuklin

Faculty Scholarship

No abstract provided.

Regulatory Reform: Assessing The California Plan, Marsha N. Cohen

Faculty Scholarship

No abstract provided.

Marriage: The Status Of Contract, An Essay On Weitzman's The Marriage Contract, Marsha Garrison

Faculty Scholarship

No abstract provided.

State Defined Marital Status: Its Future As An Operative Tax Factor, Daniel J. Lathrope

Faculty Scholarship

No abstract provided.

The Legitimacy Of Constitutional Change: Rethinking The Amendment Process, Walter E. Dellinger Iii

Faculty Scholarship

The conventional view of article V is that it leaves the task of resolving amendment process issues entirely to Congress. In this Article, Professor Dellinger contends that judicial abstentation from involvement in amendment process disputes is dictated neither by the text of article V nor by actual congressional practice nor by the weight of relevent precedent and that it is subversive of the clarity and regularity essential to legitimate constitutional change. Professor Dellinger develops a model of judicial review of amendment process issues as an alternative to the orthodox vision and applies this model to several contemporary amendment process controversies.

The Minnesota Commitment Act Of 1982 Summary And Analysis, Eric S. Janus, Richard M. Wolfson

Faculty Scholarship

Minnesota law governing commitments has been substantially

revised and recodified in the Minnesota Commitment Act of 1982.

The prior law is repealed and the new law is substituted for it effective

August 1, 1982.

This article has three purposes. First, the significant changes in

the civil commitment law are identified and their implications explored.

Second, where appropriate, the legal background underlying

the changes is explored in order to place the changes in context.

Third, the article identifies ambiguities and inconsistencies in the

Act, posits resolutions, and suggests areas for legislative attention.

Statistical Significance And The Burden Of Persuasion, David H. Kaye

Faculty Scholarship

In most endeavors concerned with the acquisition of knowledge, quantitative information is welcomed. In law, however, it appears sometimes that scientific or numerical evidence makes cases harder, not easier. Nevertheless, there are many cases and administrative proceedings, in such areas as environmental law, food and drug regulation, and civil rights, in which statistical data obtained by observation or experiment are readily accepted as assisting in the proper resolution of disputed issues of fact. When courts or administrators confront scientific and statistical evidence in these proceedings, they are not always certain of how to weigh the evidence or whether they should …

The Alter Ego Doctrine: Alternative Challenges To The Corporate Form, Antoinette M. Sedillo Lopez

Faculty Scholarship

This Comment examines alternative challenges to the separate entity fiction. First, it will analyze the economic policies underlying the separate entity concept and the justification for imposing shareholder liability in typical alter ego cases. Second, this Comment will review cases in which the corporate entity is challenged for alternative purposes and demonstrate how the usual alter ego analysis fails in these cases. Finally, this Comment proposes a three-stage analysis for examining alternative challenges to the separate entity fiction. The proposal would require courts to analyze the facts of the cases, identify the policies underlying the challenge, and balance the economic …

Representing Institutionalized Mentally Retarded Persons, James W. Ellis, Ruth A. Luckasson

Faculty Scholarship

The following article explores the need for increased legal advocacy for mentally retarded persons. Contrasting the services available to the mentally ill with the limited resources for the mentally retarded, the authors highlight the unique problems of this underrepresented population, and examine alternative forums for advocacy. In a practical, straightforward analysis, the article identifies barriers to effective representation, including the fundamental problem of lawyers' and advocates' reactions to institutionalized retarded persons' appearance and behavior, and the effect of these reactions on advocacy efforts. The article is followed by a client interview form and guide that focus on the special problems …

Early Larval Stages Of The Indo-Pacific Coral Gall-Forming Crab Hapalocarcinus Marsupialis Stimpson, 1859 (Brachyura, Hapalocarcinidae) Cultured In The Laboratory., R. H. Gore, L. E. Scotto, John K. Reed

Faculty Scholarship

Hapalocarcinus marsupialis, the type-species in the family Hapalocarcinidae,is one of at least 27 species in 8 genera of these remarkable little crabs that settle on living scleractinian corals and eventually become partially or completely imprisoned in the resultant gall produced by the host coral. Hapalocarcinus marsupialis is widely distributed and has been recorded from the eastern tropical Pacific (Garth & Hopkins, 1968) and throughout the Indo-west Pacific (Edmondson, 1933; Fize & Serene, 1957; Takeda & Tamura, 1979; among others). Although much is known about the general biology of the species (see e.g., Potts, 1915), only the first stage larvae have …