Digital Commons Network^™

Cautionary Tales Of Adoption: Addressing The Litigation Crisis At The Moment Of Adoption, Elizabeth Brandt

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No abstract provided.

B2b E-Marketplaces In The Airline Industry: Process Drivers And Performance Indicators, Claudia-Maria Wagner, Bernd Huber, Edward Sweeney, Austin Smyth

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Competitive pressures are increasing within and between different strategically oriented groups of airlines. This paper focuses on the level of efficiency improvements gained by using e-Marketplaces in the procurement process. Findings from a survey among 88 international airlines reveal that the use of Business-to-Business (B2B) e-Marketplaces does play different roles across the various airline groupings. Airlines that are involved in strategic alliances show higher joint procurement activities than airlines that are not involved in strategic alliances. However, alliances are probably viewed as loose arrangements and thus airlines may be reluctant to share information on procurement prices and processes with another …

Precautions Against What - The Availability Heuristic And Cross-Cultural Risk Perception Meador Lecture Series 2004-2005: Risk And The Law, Cass R. Sunstein

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Because risks are on all sides of social situations, it is not possible to be globally "precautionary." Hence, the Precautionary Principle runs into serious conceptual difficulties; any precautions will themselves create hazards of one kind or another. When the principle gives guidance, it is often because of the availability heuristic, which can make some risks stand out as particularly salient, regardless of their actual magnitude. The same heuristic helps to explain differences across groups, cultures, and even nations in the perception of risks, especially when linked with such social processes as cascades and group polarization. One difficulty is that what …

Testing Minimalism: A Reply Correspondence, Cass R. Sunstein

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No abstract provided.

Preemption Of State Spam Laws By The Federal Can-Spam Act, Roger Ford

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No abstract provided.

Medellin V. Dretke: Federalism Andinternational Law, Curtis A. Bradley, Lori F. Damrosch

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No abstract provided.

Congressional Authorization And The War On Terrorism, Curtis A. Bradley, Jack L. Goldsmith

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This Article presents a framework for interpreting Congress's September 18, 2001Authorization for Use of Military Force (AUMF), the central statutory enactment related to the war on terrorism. Although both constitutional theory and constitutional practice suggest that the validity of presidential wartime actions depends to a significant degree on their relationship to congressional authorization, the meaning and implications of the AUMF have received little attention in the academic debates over the war on terrorism.The framework presented in this Article builds on the analysis in the Supreme Court's plurality opinion in Hamdi v. Rumsfeld, which devoted significant attention to the AUME Under …

State Sentencing Guidelines: Diversity, Consensus, And Unresolved Policy Issues, Richard Frase

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No abstract provided.

Punishment Purposes, Richard Frase

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No abstract provided.

Racial Integration And Community Revitalization: Applying The Fair Housing Act To The Low Income Housing Tax Credit, Myron Orfield

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No abstract provided.

General Public License 3.0: Hacking The Free Software Movement's Constitution, Robert W. Gomulkiewicz

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The General Public License (GPL) enshrines a softwarehacker's' freedom to use code in important ways. Hackers oftenrefer to the GPL as the free software movement's "constitution."Richard Stallman, founder of the Free Software Foundation (FSF), wrote the most recent version of the GPL, version 2.0, back in 1991. For a constitution, a fourteen-year-old document is young, but for a license, it is quite old. The revision process is finally underway, led by Stallman and Eben Moglen, FSF's general counsel.

The release of GPL version 3.0 will be momentous for many reasons, but one reason stands out: The GPL governs much of …

General Public License 3.0: Hacking The Free Software Movement's Constitution, Robert W. Gomulkiewicz

Articles

The General Public License (GPL) enshrines a software hacker’s freedom to use code in important ways. Hackers often refer to the GPL as the free software movement’s “constitution.” Richard Stallman, founder of the Free Software Foundation (FSF) wrote the most recent version of the GPL, version 2.0, back in 1991. For a constitution, a fourteen-year-old document is young, but for a license, it is quite old. The revision process is finally underway, led by Stallman and Eben Moglen, FSF’s general counsel.

The release of GPL version 3.0 will be momentous for many reasons, but one reason stands out: The GPL …

Contracting Spyware By Contract, Jane K. Winn

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The question of what constitutes "spyware" is controversial because many programs that are adware in the eyes of their distributors may be perceived as spyware in the eyes of the end user. Many of these programs are loaded on the computers of end users after the end user has agreed to the terms of a license presented in a click-through interface.

This paper analyzes whether it might be possible to reduce the volume of unwanted software loaded on end users' computers by applying contract law doctrine more strictly. Unwanted programs are often bundled with programs that the end user wants, …

Yale Kamisar: A Principled Man For All Seasons, Douglas A. Kahn

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Yale Kamisar began his distinguished career as a law professor in 1957 at the University of Minnesota Law School. For three years prior to joining the Minnesota faculty, Yale had been an associate with the Washington, D.C. law firm of Covington & Burling specializing in antitrust law. Understandably, Yale and Minnesota assumed that he would devote the major part of his research and teaching to antitrust. At that time, the study of criminal law was near the bottom of the hierarchy of law school topics, and so young faculty often were assigned the task of teaching criminal law as the …

Classroom Interpreting And Visual Information Processing In Mainstream Education For Deaf Students: Live Or Memorex?, Marc Marschark, Jeff Pelz, Carol Convertino, Patricia Sapere, Mary Ellen Arndt, Rosemarie Seewagen

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This study examined visual information processing and learning in classrooms including both deaf and hearing students. Of particular interest were the effects on deaf students’ learning of live (threedimensional) versus video-recorded (two-dimensional) sign language interpreting and the visual attention strategies of more and less experienced deaf signers exposed to simultaneous, multiple sources of visual information. Results from three experiments consistently indicated no differences in learning between three-dimensional and two-dimensional presentations among hearing or deaf students. Analyses of students’ allocation of visual attention and the influence of various demographic and experimental variables suggested considerable flexibility in deaf students’ receptive communication skills. …

The Evolving Impact Of Institutional Repositories On Reference Librarians, Marianne Buehler, Adwoa Boateng

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Purpose – The paper's purpose is to share the insights that the staff of the Rochester Institute of Technology (RIT) Libraries (Wallace Library, RIT Archives, and the Cary Collection) gained into the role of reference librarians in establishing and operating an institutional repository (IR).

Design/methodology/approach – The paper conducts a literature review on a range of published (1999-2005) works to research the background of IRs and to incorporate it with the authors' own experiences.

Findings – The research findings, involving implementing IRs and specifically the effect on the role of the reference librarian in academic libraries, were found to be …

Is There A Subjective Element In The Refugee Convention's Requirement Of 'Well-Founded Fear'?, James C. Hathaway, William S. Hicks

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Linguistic ambiguity in the refugee definition's requirement of "well-founded fear" of being persecuted has given rise to a wide range of interpretations. There is general agreement that a fear is "well-founded" only if the refugee claimant faces an actual, forward-looking risk of being persecuted in her country of origin (the "objective element"). But it is less clear whether the well-founded "fear" standard also requires a showing that the applicant is not only genuinely at risk, but also stands in trepidation of being persecuted. Beyond vague references to the subjective quality of "fear," few courts or commentators have undertaken the task …

Do Institutions Matter? The Impact Of The Lead Plaintiff Provision Of The Private Securities Litigation Reform Act, Adam C. Pritchard, Stephen J. Choi, Jill E. Fisch

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When Congress enacted the Private Securities Litigation Reform Act in 1995 ("PSLRA"), the Act's "lead plaintiff' provision was the centerpiece of its efforts to increase investor control over securities fraud class actions. The lead plaintiff provision alters the balance of power between investors and class counsel by creating a presumption that the investor with the largest financial stake in the case will serve as lead plaintiff. The lead plaintiff then chooses class counsel and, at least in theory, negotiates the terms of counsel's compensation. Congress's stated purpose in enacting the lead plaintiff provision was to encourage institutional investors-pension funds, mutual …

After 70 Years Of The Nlrb: Warm Congratulations -- And A Few Reservations, Theodore J. St. Antoine

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The following essay is based on a talk the speaker was invited to deliver to the National Labor Relations Board on June 3 in Washington, D.C., on the occasion of the agency's 70th anniversary.

Minimal Modules Over Valuation Domains, Brendan Goldsmith, P. Zanardo

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Let R be a valuation domain. We say that a torsion-free R-module is minimal if it is isomorphic to all its submodules of finite index. Here, the usual concept of finite index for groups is replaced by the more appropriate (for module theory) definition: a submodule H of the module G is said to be of finite index in G if the quotient G/H is a finitely presented torsion module. We investigate minimality in various settings and show inter alia that over a maximal valuation domain, all torsion-free modules are minimal. Constructions of non-minimal modules are given by utilizing realization …

Adaptive Voip Playout Scheduling: Assessing User Satisfaction, Miroslaw Narbutt, Andrew Kelly, Liam Murphy, Philip Perry

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Delay and packet loss dramatically affect the quality of a voice-over-IP (VoIP) call and depend on the playout buffer scheme implemented at the receiver. The choice of playout algorithm can’t be based on statistical metrics without considering the perceived end-to-end conversational speech quality. The authors present a method for evaluating various playout algorithms that extends the Emodel concept by estimating user satisfaction from time-varying transmission impairments. This article evaluates several playout algorithms and shows a correspondence between their results and those obtained via statistical loss and delay metrics.

Predict And Provide Vs Explore, Envision And Plan: Transforming The Urban Planning Approach Towards The Future, Elzbieta Krawczyk, John Ratcliffe

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Thinking about the future of humanity cannot be separated from thinking about the future of cities. Today, half of the world’s population lives in cities and the number of urban dwellers is constantly growing. On one hand, cities play a key role in generating economic growth; they are cores of human activity and frontiers of technological and cultural progress. On the other, urban areas are a source of a broad range of social and environmental problems and are especially vulnerable to the threats posed by factors such as climate change, terrorism, pandemic, social and cultural clashes. Considering the role and …

E-Procurement In The Aviation Industry: Value Creation Potential Of B2b Emarketplaces, Claudia-Maria Wagner, Bernd Huber, Edward Sweeney, Austin Smyth

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In academic literature, only limited research has been undertaken in exploring the value creation of B2B (Business-to-Business) e-Marketplace models in the aviation industry. The aim of this publication is a theoretical analysis to explore whether or not B2B e-Marketplaces can make a contribution to the achievement of competitive advantage in procurement in the aviation industry. The research focuses on the potential of B2B e-Marketplaces in terms of improving an airline’s competitiveness in its procurement value chain and discusses empirical results from a survey among international e-Marketplace / portal operators

Cavity-Backed Slot Antenna Array For The Repeater System Of A Satellite Digital Multimedia Broadcasting Service, Byungje Lee, Frances J. Harackiewicz, Byungwoon Jung, Myun-Joo Park

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For the repeater system of the satellite digital multimedia broadcasting (DMB) service (2630~2655 MHz) requiring a high-gain antenna and enough isolation between antennas, a cavity-backed slot antenna array (CBSAA) fed by a single waveguide is proposed to suppress side lobe level (SLL) and to increase front-to-back ratio (FBR). The SLL and FBR are enhanced with an optimized magnitude ratio of the electric field at each slot and an additional vertical reflector. The measured SLLs in the Hand E-planes are under -33.24 and -35.78 dB, respectively. An FBR over 37.84 dB and a peak gain over 17 dBi are measured. The …

Resistances To Reforming Corporate Governance: The Diffusion Of Qlccs, Robert Eli Rosen

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No abstract provided.

Solving An Mri Spin Relaxometry Problem With Parallel Computing, Alan Kaminsky, Luke Mcomber

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MRI spin relaxometry is the process of recovering the spin density spectrum from the time samples of the spin signal for each pixel of a magnetic resonance image. Since healthy tissue exhibits different spin relaxation rates from diseased tissue, MRI spin relaxometry potentially has utility for diagnosing disease. However, recovering the spin relaxation rates involves solving an inverse problem which requires substantial computation. The computation's running time can be reduced by processing the pixels in parallel on a parallel computer. A parallel program for solving the MRI spin relaxometry problem, SRSolve, was implemented in Java with MPI, its running time …

Nuclear Properties Of Nearby Spiral Galaxies From Hubble Space Telescope Nicmos Imaging And Stis [Space Telescope Imaging Spectrograph] Spectroscopy, M. A. Hughes, David Axon, John Atkinson, A. Alonso-Herrero, C. Scarlata, A. Marconi, D. Batcheldor, J. Binney, A. Capetti, D. Dressel, J. Gerssen, D. Macchetto, W. Maciejewski, M. Merrifield, M. Ruiz, W. Sparks, M. Stiavelli, Z. Tsvetanov

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We investigate the central regions of 23 spiral galaxies using archival NICMOS imaging and STIS spectroscopy. The sample is taken from our program to determine the masses of central massive black holes (MBH) in 54 nearby spiral galaxies. Stars are likely to contribute significantly to any dynamical central mass concentration that we find in our MBH program and this paper is part of a series to investigate the nuclear properties of these galaxies. We use the Nuker law to fit surface brightness profiles, derived from the NICMOS images, to look for nuclear star clusters and find possible extended sources in …

Loving Your Students - A Faculty Model For Today's Classroom, Anthony Trippe

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This paper reviews research related to four recent business management models of charismatic and inspirational leadership. It goes on to select the key traits and behaviors of these leadership models for the workplace environment and use them as the foundation of a model for a loving faculty member. Like the business leader, the devoted, caring professor leads his engineering students in their quest for knowledge, growth and learning. Based upon peer-reviewed leadership research which reports the value and benefits of a caring, mentoring and loving leader in the business world, the loving professor will also be successful in meeting the …

Walt Whitman’S Temporary Autonomous Zone. , John Roche

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No abstract provided.

Educational Interpreting: Access And Outcomes, Marc Marschark, Patricia Sapere, Carol Convertino, Rosemarie Seewagen

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This chapter argues that the assumption that mainstream education—supported by sign language interpreting—can provide deaf students with fair and appropriate public education may be unfounded. It describes research that emphasizes the need to understand better the complex personal and functional interactions of students, instructors, interpreters, and settings if educational interpreting—and interpreted education— is to be optimally beneficial for deaf students.