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Free Competition Or Corporate Theft?: The Need For Courts To Consider The Employment Relationship In Preliminary Steps Disputes, Scott W. Fielding

Vanderbilt Law Review

The scenario occurs daily in many different businesses. A disgruntled employee decides to use her talents, skills, and knowledge of the industry to start a rival enterprise. She plans to do things differently-offer lower prices, a different sales approach, a more service-oriented style. To minimize the risk involved, the employee decides to investigate potential markets, possible locations for the business, and financing. She would also like to discuss first-hand with current clients or fellow employees the possibility that they would follow her into the new business. Concerned with breaching fiduciary obligations, the employee contacts her attorney and asks for advice-specifically, …

Progressing Towards A Uniform Commercial Code For Electronic Commerce Or Racing Toward Nonuniformity?, Maureen A. O'Rourke

Faculty Scholarship

The Magaziner Report encourages the development of a consistent commercial law environment against which electronic commerce transactions may take place. The author considers the current legal landscape, noting that while many efforts are underway to codify aspects of electronic commerce, these efforts are piecemeal in nature and may lead to the very lack of uniformity against which the Magaziner Report counsels. The author then briefly considers what lessons may be learned from the drafting history of the original U.C.C. as well as proposed Article 2B (now the Uniform Computer Information Transactions Act) governing transactions in computer information. She argues that …

Introduction: Looking Ahead In Canadian Law School Education, Joost Blom

All Faculty Publications

The author [who was then Dean] speculates on the coming decade or two in Canadian legal education.

Chief Justice Holmes On The Science And Art (And Politics) Of Judging, David J. Seipp

Faculty Scholarship

Oliver Wendell Holmes, Jr. (1841-1935), twenty-fifth Chief Justice of Massachusetts, needs no introduction to the readers of this journal. Son and namesake of one of America's most popular writers, he was at twenty-four a Civil War hero wounded three times in battle, and at forty a lawyer-scholar whose book of lectures The Common Law would win him international renown. At sixtyone he began three decades as the Great Dissenter on the U.S. Supreme Court, where he exposed the economic theory underpinning the dominant freedom-of-contract ideology. Between 1882 and 1902-between early promise and later fame-he served on the Supreme Judicial Court …

Miller V. Albright: Problems Of Constitutionalization In Family Law, Katharine B. Silbaugh

Faculty Scholarship

From time to time, the Supreme Court chooses to hear a case addressing a family law issue. The family law cases accepted by the Supreme Court almost always present a constitutional challenge because absent a constitutional question, state law governs family law. Because the Supreme Court controls its docket, it is free to select only those cases that, in the view of the Court, pose particularly challenging issues. On most occasions, the Court chooses only those family law cases that present other, unrelated issues of interest to the Court.

Preface: Electronic Medical Information: Privacy, Liability And Quality Issues, Frances H. Miller

Faculty Scholarship

This symposium issue explores the timely topic of health care information and information technology, and their impact on health care delivery. The potential for mischief in this area has been the subject of many a dire prediction, but documented instances of negligence or abuse are thus far relatively rare. As information technology becomes more and more sophisticated and pervasive, however, legal problems are increasingly possible-if not probable-and these articles examine a wide range of issues related to the phenomenon.

Possible Solutions: Policy Tools To Achieve Flexibility To Meet New Conditions, Preliminary Thoughts For Coping With Future Droughts, Maria O'Brien

Faculty Scholarship

The following comments are premised on the author's experience with the Middle Rio Grande Conservancy District (Conservancy) in New Mexico and its endeavor to implement a water banking system. Background information about the Conservancy is helpful for an understanding of its efforts at water banking.

Tourists' Satisfaction Levels On Destination Facilites Of Phuket And Thier Potential Interest In Casino Gambling, Narathip Naina

Theses

This study measured international tourists' satisfaction levels on destination facilities of Phuket, Thailand. It also attempted to inquire if there was a potential interest in casino gambling among them as the issue of casino legalization in Thailand has been raised and discussed widely during the past few years. The purpose of the study is to better understand how destination facilities of Phuket performed in the eyes of international tourists and if they are attracted to casino gambling as an added activity they might participate in in the setting of Phuket. . A brief overview of Thailand's tourism industry and current …

Cascade: Computer Aided Synchronization Of Code And Documentation, Mark Roth

Theses

Complete, accurate and up-to-date documentation is a critical factor in the development and maintenance of robust software products. Often, however, the documentation and the product diverge over time, leading to inconsistencies that are the source of confusion and faults, which can lead to failure. This thesis addresses the inconsistency problem by describing a standard method for the synchronization of documentation with code. As part of the thesis, existing research in the field of Document Engineering is surveyed and related to the method being developed. One goal of this approach is to create straightforward integration with existing languages, coding styles, and …

Assessing Career Value Of Hospitality Management Curriculum From Program Alumni, James Reid

Theses

The purpose of this study was to investigate the assessment of hospitality management baccalaureate program alumni from New York Technical College (NYCTC) as being a valuable resource to the Hospitality Management curriculum assessment effort . Through the development of an alumni questionnaire, participants in this study were asked to rate individual courses of their curriculum (both core and elective) by the degree of value each course had been in terms of usefulness to their career development and/or relevance to meeting the demands of their current positions. Although the questionnaire response rate was less than desirable, it is stressed that survey …

Asymmetric Digital Subscriber Line Technology And The Future Of Remote Access Networking, Khodr El-Dakrouni

Theses

Not provided.

Review Of The Year Books Of Richard Ii: 1382-1383 By Samuel E. Thorne & George F. Deiser, Eds., David J. Seipp

Faculty Scholarship

Of the making of Year Books there is no end. Three scholarly enterprises - the Rolls Series, Selden Society, and Ames Foundation - have undertaken to provide modern editions and translations of medieval English Year Books, the law French reports of oral pleading and judicial dialogue in lawsuits heard in the Common Bench and other common law courts. The present volume fills a gap in the most recent of these efforts, that of the Ames Foundation of Harvard Law School to print the surviving manuscript Year Books of the reign of Richard 11 (1377-1399). This volume, the sixth year of …

Supreme Court Section 1983 Developments: October 1998 Term, Martin A. Schwartz

Scholarly Works

No abstract provided.

Supreme Court Section 1983 Developments, Martin A. Schwartz

Scholarly Works

No abstract provided.

Section 1983 Litigation – Supreme Court Developments, Martin A. Schwartz

Scholarly Works

No abstract provided.

An Analysis Of Rule 11 Plea Bargain Options, S. Crincoli (Sigman)

Scholarly Works

No abstract provided.

Smart Growth At Century’S End: The State Of The States, Patricia E. Salkin

Scholarly Works

No abstract provided.

1998 Survey Of Ethics In Land-Use Planning, Patricia E. Salkin

Scholarly Works

No abstract provided.

Airport Design, Long-Wen Chen

Theses

Not provided.

Properties Of An Aluminum Based Multilayered Material Versus Package And Processing Performance, Eoin De Roiste

Theses

Due to a manufacturing issue within the company the lack of knowledge of a key material is highlighted. Research into the material is conducted under seal testing and mechanical properties. The material is multilayered, with aluminium foil as its core plus is top coated and has a sealant layer as its bottom coating. Background literary review commences with a chronological assessment of packaging down through the ages and culminates with details on multilayered materials, concentrating on the type of material being researched. A test plan details the research requirements. Seal testing consists of burst and peel testing of the material …

Characteristics Of Prosperity: Building Tourism On A Solid Foundation - Frankenmuth, Michigan, Annette Rummel

Theses

Not provided.

Ip And Atm Integration: A New Paradigm In Multi-Service Internetworking, Remesh Shanmuganathan

Theses

ATM is a widespread technology adopted by many to support advanced data communication, in particular efficient Internet services provision. The expected challenges of multimedia communication together with the increasing massive utilization of IP-based applications urgently require redesign of networking solutions in terms of both new functionalities and enhanced performance. However, the networking context is affected by so many changes, and to some extent chaotic growth, that any approach based on a structured and complex top-down architecture is unlikely to be applicable. Instead, an approach based on finding out the best match between realistic service requirements and the pragmatic, intelligent use …

Protocols For International Arbitrators Who Dare To Settle Cases, Harold Abramson

Scholarly Works

The best time to settle an international business dispute can be after the international arbitration proceeding has been commenced. Just like in court litigation, parties may be ready to settle only after the adjudicatory process has begun and even has progressed. In court, judges commonly open the door to settlement; they hold settlement conferences and even actively participate in settlement negotiations. But arbitrators rarely open the door to settlement; when they do, they risk losing their jobs. So, what can international arbitrators safely do? What dare they do?

In this article, the author explores the dilemma presented when one neutral …

An Analysis Of Folding Carton Stock For Frozen Fish Sticks, Benjamin L. White

Theses

Waxed solid bleached sulfate paperboard and polyethylene coated paperboard were compared for the purpose of containing frozen fish sticks. The main emphasis focused on the safety of the board in regards to the migration of particles from either the wax or the polyethylene. The results showed that the polyethylene coated "SBS" or the polyethylene coated solid unbleached sulfate are probably the best ways to package frozen fish sticks and fillets.

Does Title Vii Preclude Enforcement Of Compulsory Arbitration Agreements - The Ninth Circuit Says Yes - Duffield V. Robertson Stephens & (And) Co., Ryan D. O'Dell

Journal of Dispute Resolution

This casenote examines a Ninth Circuit decision that considered the impact of the Civil Rights Act of 1991 on the unsettled question of whether Title VII precludes employers from requiring prospective employees, as a mandatory condition of employment, to foreclose their right to bring Title VII claims in federal court. The Ninth Circuit construct the 1991 Act to preclude enforcement of individual employment agreements that require employees to arbitrate statutory claims brought under Title VII. The holding of this case establishes a controversial precedent because it is inconsistent with a seminal Supreme Court decision, the FAA mandate and other recent …

Federal Mediation Privilege: Should Mediation Communications Be Protected From Subsequent Civil & (And) Criminal Proceedings - In Re: Grand Jury Subpoena Dated December 17, 1996, Joshua J. Englebart

Journal of Dispute Resolution

This Note examines the decision of the Fifth Circuit to deny the existence of a federal mediation privilege when parties moved to quash a grand jury subpoena that sought mediation records to investigate criminal wrongdoing allegedly committed in the mediation program. This Note will focus on the federal government's refusal to establish a mediation privilege despite the fact that some states have embraced such a privilege.

Nasd Applications Require Arbitration Of Employment Disputes - Mouton V. Metropolitan Life Insurance Co., Christina S. Young

Journal of Dispute Resolution

Under the Federal Arbitration Act's (FAA) mandate favoring arbitration, numerous statutory claims are subjected to arbitration. For employment disputes falling under Title VII, competing approaches based on whether the employment agreement was a union or a non-union agreement, have been adopted. Union agreements to arbitrate employment disputes are generally not compelled to arbitrate. Conversely, in a non-union employment agreement, the broad arbitration clauses are interpreted to require arbitration of Title VII claims. These inconsistent rules have been applied to the detriment of non-union employees.

Waste And Longing: The Legal Status Of Placental Blood Banking, George J. Annas

Faculty Scholarship

Waste is not always what it seems. In his Cold War novel Underworld, for example, Don DeLillo explores the multifaceted qualities of waste. “Waste,” he notes, “is the secret history, the underhistory, the way archaeologists dig out the history of early cultures, every sort of bone and broken tool, literally from under the ground.”1 And waste can also be transformed into money:

They are trading garbage in the commodity pits in Chicago. They are making synthetic feces in Dallas. You can sell your testicles to a firm in Russia that will give you four thousand dollars and then remove …

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The Last Resort: The Use Of Physical Restraints In Medical Emergencies, George J. Annas

Faculty Scholarship

Public awareness of the use of restraints in medicine has been greatly heightened by a five-part investigative series on physical restraints in psychiatric hospitals by the Hartford Courant and reaction to it by Connecticut's U.S. senators, Joseph Lieberman and Christopher Dodd. In October 1998 the Courant 's 50-state survey identified 142 patients who had died while in restraints or seclusion in the past decade, and the total number is probably much higher. The newspaper advocated the need for national standards for the use of restraints, impartial oversight, and accountability “for behavior that is cruel and even criminal.” The use of …

The Boeing-Mcdonnell Douglas Merger: Competition Law, Parochialism, And The Need For A Globalized Antitrust System, Kathleen Luz

Faculty Scholarship

On July 1, 1997, the Federal Trade Commission (FTC) closed its investigation of the merger of the Boeing Company (Boeing) and the McDonnell Douglas Corporation (McDonnell Douglas), essentially approving the merger. The proposed $14 billion merger was quite significant, as it would unite the first and third largest civil aircraft companies in the world. Although the proposed merger had passed muster under U.S. antitrust laws, Boeing still faced the obstacle of gaining approval from the European Commission (EC), the antitrust enforcement agency of the European Union (EU). The EC initially sought to reject the merger and to levy heavy penalties …