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Articles

1991

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Institution
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The Place Of The Humanities And Social Sciences In Post-Secondary Technological Institutions, Boris Mikoiji, Morton Isaacs Dec 1991

The Place Of The Humanities And Social Sciences In Post-Secondary Technological Institutions, Boris Mikoiji, Morton Isaacs

Articles

No abstract provided.


A Title Oscillation: Journal Of Comparative Neurology And Psychology, 1904-1910, Randall D. Wight Dec 1991

A Title Oscillation: Journal Of Comparative Neurology And Psychology, 1904-1910, Randall D. Wight

Articles

From 1904 through 1910, the Journal of Comparative Neurology became the Journal of Comparative Neurology and Psychology. This article attempts a reconstruction of the events behind this title oscillation from archival sources.


Telling Tales In Court: Trial Procedure And The Story Model, Richard O. Lempert Nov 1991

Telling Tales In Court: Trial Procedure And The Story Model, Richard O. Lempert

Articles

There are three ways in which stories may figure prominently at trials. First, litigants may tell stories to jurors. Not only is there some social science evidence that this happens, but trial lawyers have an instinctive sense that this is what they do. Ask a litigator to describe a current case and she is likely to reply, "Our story is ... " Second, jurors may try to make sense of the evidence they receive by fitting it to some story pattern. If so, the process is likely to feed back on itself. That is, jurors are likely to build a …


Some Caveats Concerning Dna As Criminal Identification Evidence: With Thanks To The Reverend Bayes, Richard O. Lempert Nov 1991

Some Caveats Concerning Dna As Criminal Identification Evidence: With Thanks To The Reverend Bayes, Richard O. Lempert

Articles

The conference panel at which this paper was originally presented was structured along the lines of a debate. The three speakers who were supposed to advocate the use of DNA evidence were labeled, as is customary, Proponents. But those who were supposed to take the negative side were not called Opponents. Rather they were labeled Caveators. I do not know who is responsible for this label, but I think it gets things exactly right. To my mind anyone considering DNA as criminal identification evidence should be a Caveator. The promise and utility of DNA analysis in identifying the perpetrators of …


Qualified Plans And Identifying Tax Expenditures: A Rejoinder To Professor Stein, Edward A. Zelinsky Oct 1991

Qualified Plans And Identifying Tax Expenditures: A Rejoinder To Professor Stein, Edward A. Zelinsky

Articles

No abstract provided.


Law And Society In A New South Community: Durham County, North Carolina, 1898-1899, James L. Hunt Oct 1991

Law And Society In A New South Community: Durham County, North Carolina, 1898-1899, James L. Hunt

Articles

No abstract provided.


The Fourth Amendment And Its Exclusionary Rule, Yale Kamisar Sep 1991

The Fourth Amendment And Its Exclusionary Rule, Yale Kamisar

Articles

"The history of liberty," Justice Felix Frankfurter once noted, "has largely been the history of observance of procedural safeguards" and "the history of the destruction of liberty," Professor Anthony Amsterdam has added, "has largely been the history of the relaxation of those safeguards in the face of plausible sounding governmental claims of a need to deal with widely frightening and emotion freighted threats to the good order of society." These plausible-sounding government claims are being heard today -and they are putting enormous pressure on the Fourth Amendment, the constitutional provision that protects "the right of the people to be secure …


Copyright As Myth, Jessica D. Litman Sep 1991

Copyright As Myth, Jessica D. Litman

Articles

It has become fashionable to seek to formulate, or reformulate, copyright law as an expression of overarching grand theory. Perhaps the most prominent manifestation of this trend has been the recasting of copyright law in the mold of economic incentives; a more recent upstart competitor seeks to reclaim the debate by invoking the philosophical precepts of Hohfeld, Hegel and Locke. Occasionally, the literature gives us polite debates about which of the competing theoretical models is more misguided. Meanwhile, another voice in the copyright literature has been complaining that the law is remarkably unaccommodating of the actual process of creating works …


Infrared And Visible Photometry Of The Gravitational Lens Systems 2237 + 030, Daniel Nadeau, Howard Yee, William Forrest Aug 1991

Infrared And Visible Photometry Of The Gravitational Lens Systems 2237 + 030, Daniel Nadeau, Howard Yee, William Forrest

Articles

As part of a program of high spatial resolution imaging of gravitationally lensed sources in the visible and IR, images of 2237 + 030 were obtained in the Gunn r and infrared J, H, K, and 3.3 micron filters. The results of the photometry of the four bright quasar components provide evidence of extinction through the lens and a determination of the extinction law in the galaxy is made. The energy distribution shows evidence of a sharp decrease of the spectral index at wavelengths longer than a rest wavelength of 1 micron. Assuming that microlensing amplification in the IR is …


Fragile Gains: Two Centuries Of Canadian And United States Policy Toward Indians, Ralph W. Johnson Jul 1991

Fragile Gains: Two Centuries Of Canadian And United States Policy Toward Indians, Ralph W. Johnson

Articles

The United States and Canada share a common history in their policies toward and legal treatment of the Native Americans that historically have occupied both countries. The Royal Proclamation of 1763 established a policy of recognizing Aboriginal title and treating with Indians that was binding on the colonies that preceded both countries, and influenced both governments in later dealings with tribes. Assimilationist themes are evident as well in the national policy toward Indians in both countries. Nevertheless, historically and in the present, national policies and laws of the two governments can be contrasted. This Article sets forth a detailed comparison …


Modeling Ultrasound Speckle Formation And Its Dependence On Imaging System’S Impulse Response, Navalgund A. H. K. Rao, Hui Zhu Jul 1991

Modeling Ultrasound Speckle Formation And Its Dependence On Imaging System’S Impulse Response, Navalgund A. H. K. Rao, Hui Zhu

Articles

Ultrasonic echoes, backscattered from an inhomogeneous medium have the character of a random signal, which is mainly responsible for the observed speckle in medical images. Such a medium can be modeled as a uniform matrix with scattering bodies distributed randomly. When the number of density of scatterers is high, the individual scatterers are not resolved by the imaging process, and a speckle pattern is produced as a result of interference of waves from many scatterers within the resolution cell volume. This cell volume depends on the beam profile and the pulse width of the interrogating pulse. We have used a …


Textualism And Taboo: Interpretation And Deference For Justice Scalia, Michael Herz Jun 1991

Textualism And Taboo: Interpretation And Deference For Justice Scalia, Michael Herz

Articles

No abstract provided.


Luminescence Of Ruthenium (Ii) Polypyridyls – Evidence For Intercalative Binding To Z-Dna, Alan Friedman, C. Kumar, Nicholas Turro May 1991

Luminescence Of Ruthenium (Ii) Polypyridyls – Evidence For Intercalative Binding To Z-Dna, Alan Friedman, C. Kumar, Nicholas Turro

Articles

Photophysical studies have been undertaken to characterize the binding interactions of enantiomers of Ru(phen)3(2+), Ru(DIP)3(2+), and racemic Ru(bpy)2dppz2+ (where phen = 1,10-phenanthroline, DIP = 4,7-diphenylphenanthroline, and dppz = dipyridophenazine) with Z-form poly d(GC). Parallel enhancements in steady state luminescent intensity and a lengthening of luminescent lifetimes are seen for ruthenium enantiomers with Z-DNA as for B-DNA but with enantio-selectivities reversed. Greater enhancements are seen for DELTA-isomers with the right-handed helix but for LAMBDA-isomers with the left-handed helix. Ru(bpy)2dppz2+, an avid intercalator in B-DNA, displays no luminescence free in aqueous solution, but luminesces brightly bound to either B- or Z-poly d(GC). …


Degnerate Four-Wave Mixing In Rhodamine Doped Epoxy Waveguides, B. Rossi, Hugh Byrne, W. Blau Apr 1991

Degnerate Four-Wave Mixing In Rhodamine Doped Epoxy Waveguides, B. Rossi, Hugh Byrne, W. Blau

Articles

Self-diffraction from laser-induced gratings is observed in a 13 pm-thick film of rhodamine I3 doped epoxy. The decay of the grating is measured to be 2.05 ns. Degenerate forward four-wave mixing in a guided geometry is observed by coupling out all beams after nronagation over 1 mm. At 595 nm the third-order nonlinear susceptibility of the film is measured to be 1.5~10-‘~ m2Ve2.


Environmental Auditing And Environmental Management: The Implicit And Explicit Federal Regulatory Mandate, Michael Herz Apr 1991

Environmental Auditing And Environmental Management: The Implicit And Explicit Federal Regulatory Mandate, Michael Herz

Articles

No abstract provided.


Oil And The Public Trust Doctrine In Washington, Ralph W. Johnson Apr 1991

Oil And The Public Trust Doctrine In Washington, Ralph W. Johnson

Articles

The tragic spill of millions of gallons of oil into Alaska's Prince William Sound alerted the people of Washington to the danger of spills in Puget Sound. In Washington, the danger heightens as the amount of oil transported through the Sound increases. Indeed, Coast Guard figures show about 1,500 tanker movements in Puget Sound in 1988, a 50 percent increase over 1974.2 Moreover, the spill from the Exxon Valdez taught us that, because very little can be done after a spill, the only truly effective means of preventing damage from oil spills is to prevent them in the first place. …


The Single Owner Revisited: A Brief Reply To Professor Lewin, Richard A. Epstein Jan 1991

The Single Owner Revisited: A Brief Reply To Professor Lewin, Richard A. Epstein

Articles

No abstract provided.


An Economic Analysis Of Mortgagor Protection Laws, Michael H. Schill Jan 1991

An Economic Analysis Of Mortgagor Protection Laws, Michael H. Schill

Articles

No abstract provided.


Current Challenges To Free Expression: A New Age Of Repression, Geoffrey R. Stone Jan 1991

Current Challenges To Free Expression: A New Age Of Repression, Geoffrey R. Stone

Articles

No abstract provided.


Tuskegee Modern, Or Group Rights Under The Constitution, Richard A. Epstein Jan 1991

Tuskegee Modern, Or Group Rights Under The Constitution, Richard A. Epstein

Articles

No abstract provided.


Bfoq Revisited: Johnson Controls Halts The Expansion Of The Defense To Intentional Sex Discrimination, Stephen F. Befort Jan 1991

Bfoq Revisited: Johnson Controls Halts The Expansion Of The Defense To Intentional Sex Discrimination, Stephen F. Befort

Articles

The bona fide occupational qualification (BFOQ) is a statutory defense to intentional discrimination under Title VII. 1 The BFOQ defense permits an employer to adopt an otherwise facially discriminatory employment practice if "reasonably necessary to the normal operation of that particular business. . . ." 2 Both the courts and the Equal Employment Opportunity Commission (EEOC) have traditionally interpreted this defense very narrowly. A gender-based employment classification, for example, qualifies as a BFOQ only if the failure to adopt a single-sex policy undermines the employer's ability to accomplish its essential business mission. 3


Justice Brennan And The Freedom Of Speech: A First Amendment Odyssey, Geoffrey R. Stone Jan 1991

Justice Brennan And The Freedom Of Speech: A First Amendment Odyssey, Geoffrey R. Stone

Articles

No abstract provided.


The Law And Economics Of Racial Discrimination In Employment: The Case For Numerical Standards, David A. Strauss Jan 1991

The Law And Economics Of Racial Discrimination In Employment: The Case For Numerical Standards, David A. Strauss

Articles

No abstract provided.


Constitutionalism And Secession, Cass R. Sunstein Jan 1991

Constitutionalism And Secession, Cass R. Sunstein

Articles

No abstract provided.


Civil Rights And Remedies, Frank H. Easterbrook Jan 1991

Civil Rights And Remedies, Frank H. Easterbrook

Articles

No abstract provided.


Democratizing America Through Law, Cass R. Sunstein Jan 1991

Democratizing America Through Law, Cass R. Sunstein

Articles

No abstract provided.


How Not To Promote Serious Deliberation About Abortion, Michael W. Mcconnell Jan 1991

How Not To Promote Serious Deliberation About Abortion, Michael W. Mcconnell

Articles

No abstract provided.


Black, Brown, Poor & Poisoned: Minority Grassroots Environmentalism And The Quest For Eco-Justice, Michael H. Schill, Regina Austin Jan 1991

Black, Brown, Poor & Poisoned: Minority Grassroots Environmentalism And The Quest For Eco-Justice, Michael H. Schill, Regina Austin

Articles

No abstract provided.


Should The Law Prohibit 'Manipulation' In Financial Markets?, Daniel R. Fischel, David J. Ross Jan 1991

Should The Law Prohibit 'Manipulation' In Financial Markets?, Daniel R. Fischel, David J. Ross

Articles

No abstract provided.


Ancient Law And The Punishment Of Corporations: Of Frankpledge And Deodand, Albert W. Alschuler Jan 1991

Ancient Law And The Punishment Of Corporations: Of Frankpledge And Deodand, Albert W. Alschuler

Articles

No abstract provided.