Digital Commons Network^™

Polarisation Dependence Of Bend Loss For A Standard Singlemode Fiber, Qian Wang, Ginu Rajan, Pengfei Wang, Gerald Farrell

Articles

Polarization dependence of bend loss caused by the polymer coating layer for a standard singlemode fiber (SMF28) is investigated theoretically and experimentally. Bend loss for SMF28 for both the TE and TM mode is calculated separately. Normalized polarization dependent loss is proposed for the characterization of the polarization sensitivity of bend loss for different bend radii. Corresponding experimental tests are presented, which agree with the theoretical results. Both the theoretical and experimental results show that the polymer coating layer has a significant influence on the polarization dependence of bend loss.

Investigation Of Macrobending Losses Of Standard Single Mode Fiber With Small Bend Radii, Pengfei Wang, Qiang Wu, Gerald Farrell, Ginu Rajan, Thomas Freir, John Cassidy

Articles

An investigation of macrobending loss characteristics of a standard singlemode fiber (SMF28) for small bend radii is presented theoretically and experimentally, which includes the bend loss of the SMF28 with coating layers and the bare SMF28 after stripping the coating layers and chemical etching of partial cladding. The significant influence of reflection occurring at the interface between the cladding and coating layer or the cladding layer and air on the bend loss is investigated theoretically and experimentally.

Second-Order Perfectionism, Cass R. Sunstein

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No abstract provided.

The Social Costs Of Property Rights In Broadcast (And Cable) Signals, Shyam Balganesh

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No abstract provided.

What Good Is The Social Model Of Disability?, Adam M. Samaha

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A social model of disability relates a person's disadvantage to the combination of personal traits and social setting. The model appears to have had a profound impact on academics, politics, and law since the 1970s. Scholars have debated the model's force but its limitations are more severe than have been recognized. This Article claims that the model, like all social construction accounts, has essentially no policy implications. Its impact depends on normative commitments developed by some other logic, such as membership in the disability rights movement or adherence to versions of libertarian, utilitarian, or egalitarian theory that are triggered by …

Causes Of Popular Dissatisfaction With The Administration Of Justice In The Twenty-First Century, Robert Stein

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We are here today to celebrate and be challenged by a remarkable speech delivered by Dean Roscoe Pound on August 29, 1906. 1 We meet in the city where Dean Pound gave his historic address. On that occasion, Dean Pound was not Dean of the Harvard Law School, which he later became, but rather was the 36-year-old Dean of the University of Nebraska College of Law. 2 He was a well- educated man, having both a law degree from Northwestern University School of Law and a PhD in Botany from the University of Nebraska, 3 but he was not very …

Creating Failures In The Market For Tax Planning, Phillip A. Curry, Claire Hill, Francesco Parisi

Articles

In this paper we consider the role of governments in designing their policy for tax planning strategies. We consider two distinct types of social costs: the cost associated with lost tax revenue, and the cost that arises from taxpayers' search for new methods to reduce their tax burden. Inevitably, reducing one of these costs comes at the expense of increasing the other; the government faces a tradeoff. By recognizing these costs and the tradeoff the government faces, we can better understand current tax policy. Moreover, a wider recognition of the tradeoff described above, and a systematic consideration of how to …

Taxing Consumption And Other Sins, James R. Hines Jr.

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Federal and state governments in the United States use income and payroll taxes as their primary tools to collect revenue. In the rest of the world, governments also use income and payroll taxes, but rely much more heavily than does the United States on taxing consumption. Consumption taxes take many forms, including general sales taxes, value-added taxes, and excise taxes on the consumption of specific items including gasoline, alcohol, tobacco products, firearms, air travel, telephone communication, and others. The U.S. government does not use a value-added tax, making the United States unique among high-income countries and a rarity in the …

The Health Care Choice Act: The Individual Insurance Market And The Politics Of "Choice", Elizabeth Pendo

Articles

The Health Care Choice Act of 2005 (HCCA) aims to reform perceived problems in the individual market, and is touted as part of the solution to the problem of the uninsured. It purports to allow individuals who are not eligible for or cannot afford group coverage to purchase an individual policy in and from any state. If passed, the HCCA would allow health insurers to offer individual policies of insurance from any state without being required to comply with the laws of the insured's own state. Its proponents claim that it would lower the cost of individual health insurance by …

Collateralizing Intellectual Property, Xuan-Thao Nguyen

Articles

This Article identifies and critiques the collateralization of intellectual property, revealing the complexity of intersecting secured transaction law, namely Article 9 of the Uniform Commercial Code, and doctrinal intellectual property laws such as patent law, copyright law, and trademark law. The inquiry challenges the silence surrounding the pervasive use of intellectual property as collateral in secured financing and suggests changes to the existing framework on secured financing law.

The Article proceeds as follows: Part II discusses the normative intellectual property rights for patents, copyrights, and trademarks and how such rights are utilized as corporate assets. Part III describes different forms …

The Use And Misuse Of High-Tech Evidence By Prosecutors: Ethical And Evidentiary Issues, Robert Aronson, Jacqueline Mcmurtrie

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This essay first addresses the ethical and evidentiary standards for the emerging use of high-tech computer-generated animations and computer-assisted closing arguments. Next, this essay considers the same questions within the context of forensic DNA evidence. Third, this essay considers the ethics of prosecutors' use of such evidence and the consequences for the misuse of this evidence. Finally, this essay suggests remedies to ethical problems facing prosecutors in their use of this kind of evidence.

Rebuilding The Profession: Recommendations For Librarians Interested In Becoming Academic Law Library Directors, Barbara A. Bintliff, Laura N. Gasaway, Penny A. Hazelton, Frank G. Houdek, Janis L. Johnston, Martha Dragich Pearson, Charles Ten Brink, Michelle Wu

Articles

Based on papers presented at a 2005 workshop for individuals interested in becoming academic law library directors, this article begins by exploring the duties of academic director jobs—administrative skills and faculty responsibilities—before examining how to build credentials in preparation for such jobs. It concludes by focusing on the skills and knowledge needed to interview for director jobs.

Adapting To Administrative Law's Erie Doctrine, Kathryn A. Watts

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This Article looks to the federalism context and draws on the federal courts' experience adapting to the Court's landmark decision in Erie Railroad Company v. Tompkins. Much like Brand X, the Court's Erie decision, which commanded federal courts to apply state law in all cases not governed by positive federal law, significantly reduced the lawmaking power of the federal courts by putting the federal courts in the position of interpreting law that they cannot definitively construe. Although Erie seemed simple enough to adhere to when state law provided a clear answer, Erie posed a serious dilemma when federal courts …

Moderator's Report: Legal Experts' Workshop On The Future Global Legal Order, Craig H. Allen

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In late 2006, as part of its multifaceted effort to help the Chief of Naval Operations develop a new, contemporary maritime strategy for the nation, the Naval War College convened a “Delphi group” of experts—in this case, in international law—to provide the maritime strategy development team a candid assessment of the probable state of the global legal order in 2020. The workshop, chaired by Craig H. Allen, the Charles H. Stockton Professor of International Law, was held 31 October–1 November 2006 in the College’s Decision Support Center (equipped with an advanced World Wide Web–based group collaboration and decision-support system), in …

The Immigration-Terrorism Illusory Correlation And Heuristic Mistake, Mary De Ming Fan

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The national broil over immigration reform is fermenting an illusory correlation and mistaken heuristic. Two events illustrate the involvement of legislators in the manufacture and mplification of this heuristic mistake. A controversial bill passed by the House of Representatives in December 2005 explicitly and extensively packaged immigration control with antiterrorism.' During his term as a congressman, J. D. Hayworth published a book claiming that inflows of people over the U.S.-Mexico border pose a "terrorist threat," that the nation has witnessed an "illegal alien crime spree," and that high immigration rates from Mexico threaten social instability.[para] Such pronouncements by legislators generate …

"Macro-Transparency" As Structural Directive: A Look At The Nsa Surveillance Controversy, Heidi Kitrosser

Articles

This article was prepared for the Minnesota Law Review's fall 2006 symposium. The article does two main things: (1) It considers the relationship between constitutional structure and government information control and (2) It uses the recent NSA surveillance controversy to exemplify its constitutional analysis. The core constitutional argument is as follows: Much of the Constitution, including provisions about political branch structure, is about facilitating inter-branch transparency and transparency between the branches and the people. At the same time, the Constitution leaves some room for government secrecy. Constitutional structure gives us a way to reconcile these two characteristics: any government secrecy …

Coloring Outside The Lines: Examining Treasury's (Lack Of) Compliance With Administrative Procedure Act Rulemaking Requirements, Kristin Hickman

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The Treasury Department and the Internal Revenue Service have a strange relationship with Administrative Procedure Act notice-and-comment rulemaking procedures. Treasury acknowledges the general applicability of APA procedural requirements when it promulgates regulations interpreting the Internal Revenue Code. Treasury also maintains that most Treasury regulations are exempt from the APA's public notice and comment requirements. Nevertheless, Treasury purports to utilize those same procedures anyway in promulgating most Treasury regulations. This Article documents a study of 232 separate Treasury regulation projects for which Treasury published Treasury Decisions and notices of proposed rulemaking in the Federal Register between January 1, 2003, and December …

Of Lenity, Chevron, And Kpmg, Kristin Hickman

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Tax shelters generally are designed to take advantage of statutory ambiguity in the tax code. In the civil context, depending upon the format of the IRS's interpretation, a finding of ambiguity typically means that the reviewing court should apply one or another doctrine of judicial deference in evaluating the government's interpretation: either the strong, mandatory Chevron deference, the slightly less deferential Skidmore deference standard, or perhaps the tax-specific National Muffler deference. Whichever of these review standards applies, the government has a distinct advantage over the taxpayer in persuading the court to adopt the government's interpretation of the Code. Consequently the …

Recent Skirmishes In The Battle Over Corporate Voting And Governance, Brett Mcdonnell

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This paper considers how some recent developments affect our understanding of the relative superiority of our mixed federal system of corporate lawmaking as compared with either a purely state system or a purely national one. The mixed federal system can potentially capture the gains of efficiency, flexibility, and responsiveness from state competition, while using the threat, and occasional reality, of federal intervention to reduce the tendency to managerialism of Delaware. The paper argues that on the whole this story fits the reaction to the corporate scandals of the nineties. The Sarbanes-Oxley Act moved regulation in a less managerialist direction, and …

A Burkean Perspective On Patent Eligibility, Thomas F. Cotter

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Developments in patent law over the past generation, as exemplified by the Patent Board of Appeals and Interferences' recent decision in Ex parte Lundgren, have all but done away with several venerable principles relating to patent eligibility - among them rules that all patentable inventions must pertain to the technological arts, that they may not read on mental steps, and that patentable processes must effect a physical transformation - in favor of an approach that asks only whether an invention has practical utility and is predictable in its effects. As a result, patentable subject matter now includes both the technological …

Authorship, Audiences, And Anonymous Speech, Lyrissa Barnett Lidsky, Thomas F. Cotter

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A series of United States Supreme Court decisions establishes that the First Amendment provides a qualified right to speak and publish anonymously, or under a pseudonym. But the Court has never clearly defined the scope of this right. As a result, lower courts have been left with little guidance when it comes to dealing both with the Internet-fueled growth of torts and crimes committed by anonymous speakers, and with the increasing number of lawsuits aimed at silencing legitimate anonymous speech. In this Article, we provide both positive and normative foundations for a comprehensive approach to anonymous speech. We first draw …

Report Of The Alcts/Lita Electronic Resource Management Interest Group Meeting. American Library Association Midwinter Conference, San Antonio, January 2006., Kitti Canepi

Articles

Report of the first meeting of the ALCTS/LITA Electronic Resource Management Interest Group (January 2006), including background on formation of the group and updates on various initiatives related to management of electronic resources.

Double-Consciousness In Constitutional Adjudication, Richard A. Primus

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Constitutional theorists are familiar with epistemic and consequentialist reasons why judges might allow their decision making to be shaped by strongly held public opinion. The epistemic approach treats public opinion as an expert indicator, while the consequentialistapproach counsels judges to compromise legally correct interpretations so as not to antagonize a hostile public. But there is also a third reason, which we can think ofas constitutive. In limited circumstances, the fact that the public strongly holds a given view can be one of the factors that together constitute the correct answer to a constitutional question. In those circumstances, what the public …

Televising The Court: A Category Mistake (Symposium On Televising The Supreme Court), Christina B. Whitman

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The idea of televising Supreme Court oral arguments is undeniably appealing. Consequently, it is not surprising that reporters and politicians have been pressuring the Court to take this step. The other branches have been media-friendly for years, and Supreme Court arguments are already open to the public. Why should those of us who neither reside in Washington, D.C. nor have the time to attend Court proceedings be asked to depend on reporters for descriptions of the event? Even lower courts permit cameras. There is an understandable hunger for anything that will help us understand these nine individuals who have so …

Creative Reading, Jessica D. Litman

Articles

Let me begin with something that Jamie Boyle wrote ten years ago in Intellectual Property Policy Online: A Young Person's Guide:' Copyright marks the attempt to achieve for texts and other works a balance in which the assumption of the system is that widespread use is possible without copying. The relative bundles of rights of the user and the owner achieve their balance based on a set of economic and technical assumptions about the meaning of normal use. For our purposes, I would like to generalize this as something that Boyle might have written if he had not in that …

The Road Goes On Forever And The Party Never Ends': A Response To Judge Tacoma's Prescription For A Return To Foster Care 'Limbo' And 'Drift', Frank E. Vandervort

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This article responds to Judge Tacoma’s suggested changes in Michigan law. It begins with a very brief history of child welfare legislation at the federal and state levels. Next, it points out a number of errors in Judge Tacoma’s understanding of the current state of Michigan’s child welfare law.2 It is necessary to point out these errors because it seems that his misstatements of the law form the foundation for his recommended reforms. Then it will respond point-by-point to many of Judge Tacoma’s recommendations. Finally, I will off er several suggestions for addressing the problem of legal orphans that do …

On Cosmall Abelian Groups, Brendan Goldsmith, O. Kolman

Articles

It is a well-known homological fact that every Abelian groupGhas the property that Hom(G,−)com-mutes with direct products. Here we investigate the ‘dual’ property: an Abelian groupGis said to be cosmallif Hom(−,G)commutes with direct products. We show that cosmall groups are cotorsion-free and that nogroup of cardinality less than a strongly compact cardinal can be cosmall. In particular, if there is a properclass of strongly compact cardinals, then there are no cosmall group

The Transition From Preschool To School For Children In Ireland: Teachers Views, Mary O'Kane

Articles

There is a wealth of international research on the transition from preschool to school from a range of perspectives. Following on from such research, the issue of transition is emerging as an important new construct in early childhood care and education (ECCE), with a transition-to-school framework replacing the construct of school readiness as a focus of research interest. There has been limited research into transition practices in Ireland and this study is the first comprehensive research looking at this area from an Irish perspective1. Phase I of this study involved conducting a questionnaire on the transition from preschool to formal …

Investigation Of Macrobending Losses Of Standard Single Mode Fiber With Small Bend Radii, Pengfei Wang, Qian Wang, Gerald Farrell, Ginu Rajan, Thomas Freir, John Cassidy

Articles

An investigation of macrobending loss characteristics of a standard singlemode fiber (SMF28) for small bend radii is presented theoretically and experimentally, which includes the bend loss of the SMF28 with coating layers and the bare SMF28 after stripping the coating layers and chemical etching of partial cladding. The significant influence of reflection occurring at the interface between the cladding and coating layer or the cladding layer and air on the bend loss is investigated theoretically and experimentally.

Wideband Reconfigurable Rolled Planar Monopole Antenna, Giuseppe Ruvio, Max Ammann, Zhi Ning Chen

Articles

A novel technique to reconfigure the frequency range of a planar monopole antenna is presented. By adjusting the degree of spiral tightness, a shift of the well-matched operating frequency range is achieved. The proposed antenna is capable of covering the frequencies in the range from 2.9 to 15 GHz, depending on the degree of spiral tightness. The antenna yields a high-efficiency across the full operating bandwidth. Radiation patterns show good omni-directional features in all primary cuts and remain relatively stable with the change of antenna configuration, so that it is a remarkable candidate for indoor or mobile applications where a …