Digital Commons Network^™

Mandatory Pku Screening: The Other Side Of The Looking Glass, George J. Annas

Faculty Scholarship

The challenge that PKU screening programs face is to be effective without sacrificing individual liberty. Most states have assumed that this is impossible, and have enacted mandatory PKU screening tests. It now appears that in fact voluntary screening for PKU can be effective. Accordingly, it seems appropriate to reexamine existing mandatory screening statutes to determine if we can replace government coercion with voluntary informed consent. Focus should be placed on the proper role of the government in screening, and on improving the consent process, and not on those few couples who withhold consent.

Managing Flood Risk: Technical Uncertainty In The National Flood Insurance Program, Michael S. Baram, J. Raymond Miyares

Faculty Scholarship

Congress established the National Flood Insurance Program ("NFIP")² to prevent flood damage and to provide relief after such damage has occurred. The NFIP is administered by the Federal Emergency Management Agency ("FEMA" or "Agency") ³ and has become a major influence on state and local land use regulation and a critical factor in private land use decisions across the nation.

This innovative program seeks to control the risk of flood damage by inducing local government to take land use control and other "police power" measures. It offers, as the inducement for such measures, the availability of federal flood insurance …

A Delicate Assignment: The Regulation Of Accountants By The Sec, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

On Territoriality And Sovereignty: System Shock And Constitutional Choices Of Law, Aaron Twerski

Faculty Scholarship

No abstract provided.

In Defense Of Process, Aaron Twerski, Alvin S. Weinstein, William A. Donaher, Henry R. Piehler

Faculty Scholarship

No abstract provided.

Trustees Of Self-Interest?, Pnina Lahav

Faculty Scholarship

Unconventional approaches to frequently addressed issues can be particularly illuminating, and John Lofton's discussion of the press and the first amendment takes a decidedly unconventional tack. Rather than focusing on the theme of governmental suppression of speech, Lofton attempts to highlight another angle: the reaction of the press to both political dissent and the official suppression of that dissent from the colonial period to the present day. His purpose, he notes, is "to examine how the American press has performed when confronted with the application of the amendment to practical events."

American Influence On Israel's Jurisprudence Of Free Speech, Pnina Lahav

Faculty Scholarship

This is a study of the role played by judicial development of the First Amendment to the United States Constitution in shaping the jurisprudence of free speech in Israel - a country without a bill of rights. Rivalry and contrast between opposing modes of legal thought, judicial styles, doctrines, and finally, models of democracy within Israel's Supreme Court are major themes. Most of the adversarial elements reflect competing ideas in the intellectual history of American free speech law. Thus, the tension within Israel's Supreme Court reflects the tension between American free speech jurisprudence as it now is and as it …

Appreciation Under The Casualty Loss, Alan L. Feld

Faculty Scholarship

According to the author, who asserts that the regulations allow an overly generous casualty loss deduction for partial losses on appreciated property, untaxed gain in the form of unrealized appreciation should be taken into account when determining a partial loss.

Open Transaction Treatment For Deferred Payment Sales After The Installment Sales Act Of 1980, Daniel S. Goldberg

Faculty Scholarship

No abstract provided.

The Myth Of Legal Reasoning, Alan D. Hornstein

Faculty Scholarship

No abstract provided.

Renormalization Of The Vortex Diffusion Constant In Superfluid Films, Rolfe G. Petschek

Faculty Scholarship

We study the dynamics of vortices in superfluid helium films, using a phenomenological Langevin equation to account for diffusive as well as convective motion of vortices. We show that in the long-wavelength limit, dynamic screening effects give rise to a renormalization of the diffusion constant, while the convective parameter remains unchanged. The critical behavior is analyzed with renormalization-group methods. In the limit TTc-, we find a universal cusp singularity for the diffusion constant, reaching a finite value at Tc.

Parents' Rights And Juvenile Court Jurisdiction: A Review Of Before The Best Interests Of The Child, Stanley Z. Fisher

Faculty Scholarship

This new book¹ by the authors of Beyond the Best Interests of the Child² also makes a major contribution to the field of family law. Concentrating this time on the subject of child neglect and abuse, the authors mount a powerful attack on state intrusion into families under current child protection laws. Like Beyond the Best Interests, this book has attracted wide attention and provoked intense controversy. It should be read by all those concerned about the law's impact on children and families.

Implied Rights Of Action, Tamar Frankel

Faculty Scholarship

In Transamerica Mortgage Advisors, Inc. (TAMA) v. Lewis,¹ the United States Supreme Court declined to imply a private right of action for damages under the Investment Advisers Act of 1940.² Transamerica is the most recent of a series of Supreme Court decisions limiting the availability and scope of implied private actions under the federal securities laws.³ It stands in sharp contrast to J.L Case Co. v. Borak,⁴ a 1964 decision in which the Court seemed to extend an open invitation to "private attorneys general" to supplement SEC enforcement with private damage actions.

The Court's withdrawal from …

Investment Company Advertising, Tamar Frankel

Faculty Scholarship

SEC Regulation has changed from specific guidelines for advertisers to a general antifraud provision. Despite greater latitude, conflicts may arise between the commission's regulation and first amendment protection of commercial speech.

Federalism, Judicial Power And The "Arising Under" Jurisdiction Of The Federal Courts: A Hierarchical Analysis, Alan D. Hornstein

Faculty Scholarship

No abstract provided.

Resonant Structure In The Π⁺ Π⁺Π‾ Π‾ System Between 1.5 And 1.9 Gev, F. A. Dibianca, William J. Fickinger, J. A. Malko, D. K. Robinson

Faculty Scholarship

Resonant structure is studied in the 1.5-to-1.9-GeV mass region of the neutral four-pion system in the reaction π+n→pπ+π+π-π- at 6 GeV/c incident momentum. The ρ0 and A2± content are determined as a function of the four-pion mass. The 4π mass spectrum is best fitted by two resonances, both of which decay predominantly into ρ0π+π-, each with evidence for an appreciable A2π component.

Delimiting Religion And Ethics, Robert L. Schwartz

Faculty Scholarship

The author argues that people need to make a distinction between religious belief and logical ethics.

Need, Necessity, And Political Obligation, David B. Lyons

Faculty Scholarship

In Law and Obedience, Professor Woozley denies that there is an obligation to obey the law just because it is the law. Professor Honoré disagrees. He does so, however, not by offering small criticisms of what he calls "the skeptical philosophy," but by giving us a vigorous and original argument for the more conventional, conformist view.

A Look At Labor Law In The Land Down Under: Industrial Relations In Australia, David S. Bogen

Faculty Scholarship

No abstract provided.

Congressional Regulation Of Federal Courts' Jurisdiction And Processes: United States V. Klein Revisited, Gordon G. Young

Faculty Scholarship

No abstract provided.

An Evaluation Of Limited Publication In The United States Courts Of Appeals: The Price Of Reform, William L. Reynolds, William M. Richman

Faculty Scholarship

No abstract provided.

Equal Protection And The Prosecutor's Charging Decision: Enforcing An Ideal, Donald G. Gifford

Faculty Scholarship

No abstract provided.

State Taxation Of Natural Resource Extraction And The Commerce Clause: Federalism's Modern Frontier, Michael B. Browde, Charles T. Dumars

Faculty Scholarship

The formalistic delineation of the commerce clause in the pre-New Deal era gave way to the modern balancing approach largely because the earlier formalism did not adequately resolve the more difficult commerce clause questions created by the growing complexities of modern society. The irrelevance of the Heisler severance-precedes-commerce analysis to the modern problems that surround our national energy policy is a classic example of the failure of the old devices. Issues that were well settled on the legitimate-state-control side of the ledger in the 1920's have shifted to the national-interest side of the ledger today. As energy development assumes greater …

Article One Of The Uniform Land Transactions Act: Is Inconsistency With The U.C.C. An Unnecessary Obstacle?, Ronald B. Brown

Faculty Scholarship

No abstract provided.

A Delicate Assignment: The Regulation Of Accountants By The Sec, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Teaching Physicians And Lawyers To Understand Each Other: The Development Of A Law And Medicine Clinic, Robert L. Schwartz

Faculty Scholarship

The discomfort doctors and lawyers feel with one another is not a consequence of the perceived medical malpractice crisis or any other single area of substantive disagreement. Rather, it is a reflection of the different epistemologies of the professions. The truth seeking activities of the two professions are very different, and these differences are reflected in the widely divergent professional educations provided to medical and law students. Much of the animosity which has developed between doctors and lawyers could be avoided, and members of each profession could have a much better understanding of the substance and analytic methods of the …

Physicians And Lawyers: Science, Art, And Conflict, Robert L. Schwartz, Joan M. Gibson

Faculty Scholarship

The relations between physicians and lawyers have deteriorated rapidly over the past several decades, most particularly since the early 70s when the perception that a medical malpractice crisis existed in America became widespread. Some believe that the factors dividing the two professions . are linked (1) to professional jealousy, (2) to sometimes conflicting economic interests, or (3) to difficulties in communication, since both professions use many of the same words, or terms of art, but with different intended meanings. While the authors agree that these factors may have aggravated the problem, they believe that the conflict's real roots are in …

Justice Douglas And His Brethren: A Personal Recollection, William A. Reppy Jr.

Faculty Scholarship

No abstract provided.

The Status Of Statutes Of Limitations And Statutes Of Repose In Product Liability Actions: Present And Future, Francis Mcgovern

Faculty Scholarship

No abstract provided.

The Emerging Threshold Approach To State Action Determinations: Trying To Make Sense Of Flagg Brothers, Inc. V. Brooks, Thomas D. Rowe Jr.

Faculty Scholarship

No abstract provided.