Digital Commons Network^™

Moral Discourse, Bioethics, And The Law, Carl E. Schneider

Articles

Dan Callahan follows a distinguished tradition when he uses the phrase "moral discourse" to describe the law's work. The frequency with which that image is deployed suggests its resonance and even rightness: When we think about the way society considers moral issues and develops moral positions, it can be useful to imagine the law as one of many social institutions that contribute to a social discussion. Nevertheless, this image is misleading. At least for our (graying and balding) genera- tions, the law is regarded as a worthy participant in American moral discourse preeminently because of its part in the civil …

Theory And Practice At The 'Arabic Org': Digital Technology In Contemporary Arab Music Performance, Anne K. Rasmussen

Articles

The synthesizer is ubiquitous on the Arab–American musical scene. Heard at every party, and on every recording, the synthesizer sings the lingua franca of international popular music. While the facade and the body of the synthesizer consist of neutral, slick, black plastic and metal technology, the soul of the instrument, when played by Arab–American musicians, is capable of a completely indigenous, if synthetic, musical idiom. In this article I draw on my experience of six performers of the Arabic ‘org’, commonly known today as ‘keyboards’, to present a sketch of a modern musical tradition.

The Power Of One: How The Individual Activist Can Make A Difference, Henry Spira

Articles

No abstract provided.

Copyright Law And Electronic Access To Information, Jessica D. Litman

Articles

At the same time as we have been discovering the Internet’s enormous potential to enhance access to information and revolutionize the ways libraries do business, the Internet’s high profile in popular media has made it the focus of a wide spectrum of fears about the future. This paper focuses on pending proposals to amend copyright law to enhance the control copyright owners wield over the appearance of their works on digital networks. These proposals would stifle libraries’ use of the Internet. Libraries and their supporters must participate in the copyright debate, and think creatively about new models for copyright. The …

Refinement Of The Rlab Color Space, Mark Fairchild

Articles

The prediction of color appearance using the RLAB color space has been tested for a variety of viewing conditions and stimulus types. These tests have shown that RLAB performs well for complex stimuli and not-so-well for simple stimuli. This article reviews the various psychophysical results, interprets their differences, and describes evolutionary enhancements to the RLAB model that simplify it and improve its performance.

Deep Ccd Photometry And The Initial Mass Function Of The Core Of The Ob Cluster Berkeley 86, Hans J. Deeg, Zoran Ninkov

Articles

Based on photometry of deep CCD frames of the central region of the OB cluster Berkeley 86, we derive the cluster mass function. The absence of current star formation, and the cluster's young age of about 6Myrs, leads to the conclusion that the initial mass function (IMF) and the current mass function are identical for stars with m< 10msun_. In the range of 1.2-20msun_, an IMF with a slope of {GAMMA}=-1.3+/-0.3 is found. This value agrees well with other recent determinations of young clusters IMFs which are close to the classical Salpeter IMF with {GAMMA}=-1.35. Sections of the IMF of Berkeley 86 that are significantly steeper, or flatter, are most likely the result of a dip in the star's mass distribution in the range of 3.5-10msun_. Similar dips may have led to steep IMFs over narrow mass ranges, as reported in the literature for some other clusters. No sign for a low mass turn-over in the IMF of Berkeley 86 is found for masses extending down to 0.85 msun _ (Refer to PDF file for exact formulas).

The Good, The Bad, And The Frivolous Case: An Essay On Probability And Rule 11, Charles M. Yablon

Articles

This essay begins by asking why lawyers bring frivolous cases, cases which, under the standard definitions of frivolousness, have no chance of success and should never have been brought. Rejecting the usual answers of lawyer stupidity and greed, it offers a different view of the frivolous case --that most of the cases that have been challenged and sanctioned in recent years under Rule 11 were brought by lawyers bringing cases they reasonably believed had a low (but not zero) probability of success. This provides a more plausible explanation for wy lawyers persist in bringing such cases, since they are essentially …

Stupid Lawyer Tricks: An Essay On Discovery Abuse, Charles M. Yablon

Articles

No abstract provided.

Toward A Tax-Based Explanation Of The Liability Insurance Crisis, Kyle D. Logue

Articles

The so-called liability insurance crisis of 1985 and 1986 transformed the way we think about tort law and about liability insurance markets. The crisis phenomena, which first appeared in late 1984 and lasted until mid-1986, consisted of enormous increases in liability insurance premiums and alarming reductions in the availability of certain types of liability coverage. In the two principal liability lines of insurance (Other Liability and Medical Malpractice), premiums increased by hundreds (in some cases thousands) of percentage points in a matter of months. At the same time, the availability of liability insurance contracted sharply. The liability policies that were …

The "Simplest" Special Effect - Matte Box Photography, Andrew Davidhazy

Articles

We are preconditioned to assuming that photographs are made in an instantaneous manner. By making exposures sequentially, using a matte-box, we can produce images that startle and confuse our audience. Deception is also possible. Better and cheaper than using a computer!

Quantum Deformation Of Quantum Gravity, Seth Major, L. Smolin

Articles

We describe a deformation of the observable algebra of quantum gravity in which the loop algebra is extended to framed loops. This allows an alternative nonperturbative quantization which is suitable for describing a phase of quantum gravity characterized by states which are normalizable in the measure of Chern-Simons theory. The spinor identities are extended to a set of relations which are governed by the Kauffman bracket so that the spin network basis is deformed to a basis of SU(2)q spin networks. This deformation parameter, q, is eih̵2G2Λ6" role="presentation" style="box-sizing: border-box; display: inline-block; line-height: normal; font-size: 14.4px; word-wrap: …

Intellectual Property Issues In Genomics, Rebecca S. Eisenberg

Articles

Controversy over intellectual property rights in the results of large-scale cDNA sequencing raises intriguing questions about the roles of the public and private sectors in genomics research, and about who stands to benefit (and who stands to lose) from the private appropriation of genomic information. While the US Patent and Trademark Office has rejected patent applications on cDNA fragments of unknown function from the National Institutes of Health, private firms have pursued three distinct strategies for exploiting unpatented cDNA sequence information: exclusive licensing, non-exclusive licensing and dedication to the public domain.

Political Deliberation, Affirmative Action, And The Supreme Court, Cass R. Sunstein

Articles

No abstract provided.

The Theme Of Grace In Bernanos' ''Diary Of A Country Priest'', Eamon Maher

Articles

Material reproduced by kind permission of The Month

A Pilot Evaluation Of Alternating Preoperative Chemotherapy In The Management Of Patiens With Locoregionally Advanced Breast Carcinoma, Thomas M. Pisansky Md, Charles L. Loprinzi Md, Stephen S. Cha Md, Nicholas F. Reuter Md

Articles

BACKGROUND:

This prospective trial was conducted to evaluate the outcome of patients treated with preoperative and post operative chemotherapy, mastectomy, and irradiation for locoregionally advanced breast carcinoma.

METHODS:

Between June 1986 and September 1990, 71 patients received 2 cycles of doxorubicin that alternated with 2 cycles of cyclophosphamide, methotrexate, and 5-fluorouracil prior to mastectomy; irradiation was administered when the tumor was not amenable to surgical resection. Additional chemotherapy and tamoxifen, in hormone receptor-positive tumors, was used after mastectomy. Post-operative irradiation was given on a selective basis for patients at high risk for locoregional disease recurrence.

RESULTS:

Although 5 patients (7%) …

Fundamental Justice And The Deflection Of Refugees From Canada, James C. Hathaway

Articles

Canada is preparing to implement a controversial provision of the Immigration Act that will deny asylum seekers the opportunity even to argue their need for protection from persecution. Under a policy labelled "deflection" by the authors, the claims of refugees who travel to Canada through countries deemed safe, likely the United States and eventually Europe, will be rejected without any hearing on the merits. Because deflection does not require substantive or procedural harmonization of refugee law among partner states, it will severely compromise the ability of genuine refugees to seek protection.

Why Is This Man A Moderate? (Reviewing William A. Fischel, Regulatory Takings: Law, Economics And Politics (1995)), Richard A. Epstein

Articles

No abstract provided.

Probation Officers Look At Plea Bargaining, And Do Not Like What They See, David Yellen

Articles

The Probation Officers Advisory Group's survey provides valuable insights into plea bargaining practices under the federal guidelines. Probation officers play a crucial role in guideline sentencing, and their views on the plea bargaining process are significant both because of their proximity to that process and the influence they wield with judges. The survey responses thus deserve attention and may spark lively debate within the Sentencing Commission and elsewhere. Depending on one's perspective, the picture that emerges is of plea bargaining either as a safety valve to mitigate the harshness and rigidity of the guidelines, or an unregulated process that threatens …

Liss Ard, Co. Cork, Noel Brady

Articles

Description and review of art park at Liss Ard in Cork.

The Jerusalem Embassy Act, Malvina Halberstam

Articles

No abstract provided.

War And Migration : The Example Of ''An Ordinary Exodus'' By Roger Bichelberger, Eamon Maher

Articles

Material reproduced by kind permission of The Month

Discrimination Helps Companies Trade On Women's Sexuality, Mary E. Becker

Articles

No abstract provided.

Offer, Acceptance, And Efficient Reliance, Richard Craswell

Articles

In this article, Professor Craswell explores efficient reliance as an implicit economic rationale underlying courts' decisions in contract formation cases. Contracting parties often fail to express their intentions clearly and courts must later decide what the parties would have wanted ex ante. When negotiations fail, one party (S) may deny ever making a commitment, while the other party (B) may claim to have relied on the first party's statements or conduct. Professor Craswell observes that courts often find a binding commitment by S when reliance by B would have been efficient. After explaining when reliance is efficient, and why the …

The Rcs Of A Microstrip Antenna On An In-Plane Biased Ferrite Substrate, Byungje Lee, Frances J. Harackiewicz

Articles

The numerical solutions for the RCS of a microstrip patch on an in-plane biased ferrite substrate are presented. The peaks in the RCS can be moved with respect to frequency by changing the magnetic bias field. We consider a monostatic RCS with various incident angles and examine all four elements of the cross-section matrix. For the case of an unmagnetized ferrite substrate the cross-polarized RCS components are zero. When the ferrite is magnetized, the cross-polarized RCS components become as significant as do the copolarized RCS components. It is also shown that a loaded patch has the effect of significantly reducing …

The Constitution In Congress: The Third Congress, 1793-1795, David P. Currie

Articles

No abstract provided.

Contract And Trust In Corporate Law: The Case Of Corporate Opportunity, Richard A. Epstein

Articles

No abstract provided.

Regulation In The Single Global Market: From Anarchy To World Federalism?, Diane P. Wood

Articles

No abstract provided.

The Anonymity Tool, Saul Levmore

Articles

No abstract provided.

Law, Economics, And Inefficient Norms, Eric A. Posner

Articles

No abstract provided.

Rediscovering Blackstone, Albert W. Alschuler

Articles

No abstract provided.