Digital Commons Network^™

How Well Can People Use Different Color Attributes?, Hongqin Zhang, Ethan Montag

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Two psychophysical experiments were conducted to analyze the role of color attributes in simple tasks involving color matching and discrimination. In Experiment I observers made color matches using three different adjustment control methods. The results showed that the Lightness, Chroma, Hue (LCH) and the Lightness, redness/greenness, blueness/yellowness ({L, r/g, y/b}) adjustment controls elicited significantly better performance than the display RGB controls in terms of both accuracy and time, but were not significantly different from each other. Expert observers performed significantly better than naive observers in terms of accuracy. Experiment II was a replication and extension of Melgosa, et al.’s experiment …

Private Parties As Defendants In Civil Rights Litigation: Introduction, Myriam Gilles

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No abstract provided.

They Don't Really Want To Know Us: Experiences And Perceptions Of International Students At The Technological University Dublin, Almut Schlepper

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This paper seeks to explore the experiences and perceptions of international, non-EU students at the Technological University Dublin. My interest in the subject derives from my work as a lecturer at a college with an increasing number of international students and from my participation as a student on a course which made me appreciate the value of a diverse student and lecturer body. The sample of the survey I carried out included international students and lecturers at one campus of the Technological University Dublin. While the results indicated that international students are just as heterogeneous as Irish students, they are …

Citizenship, Standing, And Immigration Law, Adam B. Cox

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Courts and commentators typically evaluate constitutional immigration law from the perspective of aliens. But that approach pays insufficient attention to the ways immigration law affects the interests and rights of citizens. In particular, an alien-centered approach fails to consider the central role immigration law plays in national self-definition and, consequently, ignores the possibility that immigration law may injure citizens by defining the national political community in constitutionally impermissible ways. Considering federal immigration law from the perspective of citizens, this Article demonstrates that immigration policy, which contemporary constitutional doctrine largely insulates from attack, should not be immune to challenges by citizens. …

Citizenship, Standing, And Immigration Law, Adam B. Cox

Articles

Courts and commentators typically evaluate constitutional immigration law from the perspective of aliens. But that approach pays insufficient attention to the ways immigration law affects the interests and rights of citizens. In particular, an alien-centered approach fails to consider the central role immigration law plays in national self-definition and, consequently, ignores the possibility that immigration law may injure citizens by defining the national political community in constitutionally impermissible ways. Considering federal immigration law from the perspective of citizens, this Article demonstrates that immigration policy, which contemporary constitutional doctrine largely insulates from attack, should not be immune to challenges by citizens. …

Book Review, Terrorism, Freedom, And Security By Philip B. Heymann, Nicholas Stephanopoulos

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No abstract provided.

Judicial Discretion In Statutory Interpretation, Frank H. Easterbrook

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No abstract provided.

The Law And Economics Of Contract Interpretation, Richard A. Posner

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Contract interpretation is an understudied topic in the economic analysis of contract law. This Article combines simple formal analysis of the tradeoffs involved in interpretation with applications to the principal doctrines of contract interpretation, including the 'four corners" rule, mutual mistake, contra proferentum, and what I call the (informal but very important) rule of "extrinsic nonevidence." Gap filling is distinguished, and the relativity of interpretive doctrines to the interpretive medium-jurors, arbitrators, and judges in different kinds of judicial systems-is emphasized.

Reflections On The Historical Origins Of Economic Structure Of The Law Merchant, Richard A. Epstein

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No abstract provided.

A Hard Look Or A Blind Eye: Administrative Law And Military Deference, Jonathan Masur

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No abstract provided.

Dit-Call: Naturally Speaking But Slow, Dermot Campbell, Marty Meinardi, Bunny Richardson, Eugene Coyle, Olivia Donnellan, Pak Kui Leung, Ciaran Macdonaill, Elmar Jung, Charles Pritchard

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This paper introduces a new development in speech technology and describes its planned application in an EFL context. Special attention is paid to the pedagogical potential of the resultant language tool.

Beyond Rights: Legal Process And Ethnic Conflicts, Elena Baylis

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Unresolved ethnic conflicts threaten the stability and the very existence of multi-ethnic states. Ethnically divided states have struggled to build safeguards against such disputes into their political and legal systems by establishing federal political structures, designing elections to encourage participation, and entering complex power-sharing arrangements, but such measures cannot be expected to prevent all conflict. Human rights and minority rights guarantees likewise have proven unable to accommodate all relevant groups and interests. Accordingly, multi-ethnic states facing persistent ethnic conflicts need to develop effective dispute resolution systems for resolving those conflicts as they arise. This presents an important question: what kinds …

Child Sexual Abuse In Tanzania And Kenya, Kevin Lalor

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Objective. Most research on child abuse in Tanzania and Kenya is unpublished in the international literature. The purpose of this paper is to examine the various commentaries and reports extant, towards an overview of the nature and frequency of child sexual abuse in Tanzania and Kenya. Methods. Contacts were made with academics, government departments, NGOs and UN agencies. This was followed by a field trip in the summer of 2001 where all available reports were examined and a wide range of interviews conducted. Results. Little empirical data exist on child sexual abuse in Tanzania. It is widely perceived that it …

Nationalizing Trademarks: A New International Trademark Jurisprudence?, Xuan-Thao Nguyen

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A new international trademark jurisprudence is currently in formation that has negative impact on international trade. Indeed, this new trademark jurisprudence includes the recent phenomenon of states monopolizing the use of generic names through the elevation of such names to trademarks of national stature and the rise of global recognition and registration of geographic indication status for generic names. Professor Nguyen identifies and analyzes the new trademark jurisprudence, and critiques its impact on international trade relations and language propertization. Professor Nguyen proposes a certification mark regime to end the expansion of generic name protection and to promote fair competition.

Copyright And Information Theory: Toward An Alternative Model Of Authorship, Alan L. Durham

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Both literary scholars and students of copyright law have challenged the romantic model of authorship a model emphasizing individual genius and creation ex nihilo Authorship they argue is actually a collaborative effort Authors assemble their works from the fragments of their cultural environment transforming as much as creating Copyright law however still champions the rights of authors and it requires a coherent theory of what authorship is An alternative to the romantic model of authorship can be found in information theory a branch of mathematics dealing at a very fundamental level with all forms of communication Authorship could be defined …

Why Are There Four Hegelian Judgments, David G. Carlson

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Hegel is the philosopher of threes. His entire system is triune: logic-nature-spirit. Within the logic is a triune structure: being, essence, notion. Within notion there is a triad: subject-object-idea. Within subjectivity, there is a triad: notion, judgment, syllogism. Yet when we examine Hegel's critique of judgment, there are four (not three): inherence-reflection-necessity-notion.

This paper tries to explain why this is so. There is a disturbing element present at all times in Hegel's logic - what Slavoj Zizek named a silent fourth, which erupts and manifests itself in judgment. This paper refines and justifies Zizek's insight, arguing from the text of …

A Fragment On Cnutism With Brief Divagations On The Philosophy Of The Near Miss, Peter Goodrich

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This fragment is taken, mid-sentence as it were, from a longer discourse. It is plucked in process from a discussion of friendship for ideas. It is part of a longer journey through the annals of amity. The fragment also examines a fragment, a gloss on a text, a marginal comment, a handwritten note, which is taken to constitute the modern origin of Cnutism.

Endnote: Untoward, Peter Goodrich

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No abstract provided.

The Antepenultimacy Of The Beginning In Hegel’S Science Of Logic, David G. Carlson

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The Science of Logic is the keystone for Hegel's philosophy. Perhaps the single most perplexing problem in this work is the status of the beginning. Hegel insisted that philosophy must be self-grounding. It cannot start from "givens." Yet, if Hegel's beginning is merely stipulated or "given," then his project is defeated. The usual view of Hegel's intent is that the beginning (Pure Being) is the last step, so that what begins as a presupposition ends up being "proven." This article suggests something different. It proposes that the beginning (Pure Being) is actually the "antepenultimate" (or third-from-last) step of the Science …

Banking The Poor, Michael S. Barr

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Low-income households often lack access to banking accounts and face high costs for transacting basic financial services through check cashers and other alternative financial service providers. These families find it more difficult to save and plan financially for the future. Living paycheck to paycheck leaves them vulnerable to medical or job emergencies that may endanger their financial stability, and lack of longer-term savings undermines their ability to improve skills, purchase a home, or send their children to college. Additionally, high cost financial services and inadequate access to bank accounts may undermine widely shared societal goals of reducing poverty, moving families …

Face To Face': Rediscovering The Right To Confront Prosecution Witnesses, Richard D. Friedman

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The Sixth Amendment to the United States Constitution protects the right of an accused 'to confront the witnesses against him'. The United States Supreme Court has treated this Confrontation Clause as a broad but rather easily rebuttable rule against using hearsay on behalf of a criminal prosecution; with respect to most hearsay, the exclusionary rule is overcome if the court is persuaded that the statement is sufficiently reliable, and the court can reach that conclusion if the statement fits within a 'firmly rooted' hearsay exception. This article argues that this framework should be abandoned. The clause should not be regarded …