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Shareholder Bylaws, Shareholder Nominations, And Poison Pills, Brett Mcdonnell Jan 2005

Shareholder Bylaws, Shareholder Nominations, And Poison Pills, Brett Mcdonnell

Articles

Shareholder bylaws limiting or directing board action raise a tough and fascinating question of statutory interpretation under state law as well as an important policy question. In particular, over the last decade shareholders have sought to use bylaws to limit poison pills and to grant shareholders access to the corporate proxy materials to nominate directors. This paper argues that an expansive, although not unlimited, shareholder power to enact bylaws is both a plausible interpretation of Delaware's statutory scheme and desirable as a policy matter. Shareholder bylaws that set general rules of corporate governance and procedure should be valid unless more …


The Value Of Institutions And The Values Of Free Speech, Dale Carpenter Jan 2005

The Value Of Institutions And The Values Of Free Speech, Dale Carpenter

Articles

Should the First Amendment pay attention to the setting in which speech occurs, giving more protection to some institutions than to others? The very suggestion is a heresy. The First Amendment, to a degree unknown elsewhere in American law, has been characterized by a certain kind of blindness. It has largely been blind to the popularity of the speech involved, blind to whether the speech is favored or disfavored by the government, and blind to the identity of the speaker. On the other hand, some institutions - the professional media, libraries, and universities, for example - are especially good at …


Photocontrol Of Upper And Lower Rim Complexation Of Neutral And Cationic Species By P-Tert-Butylcalix[4]Arene Tetraethyl Ester, Mary Deasy, Bernadette Creaven, Brian A. Murray, Catherine Mckenna, Darren Tobin Jan 2005

Photocontrol Of Upper And Lower Rim Complexation Of Neutral And Cationic Species By P-Tert-Butylcalix[4]Arene Tetraethyl Ester, Mary Deasy, Bernadette Creaven, Brian A. Murray, Catherine Mckenna, Darren Tobin

Articles

A number of sodium salt complexes of p-tert-butylcalix[4]arene tetraethyl ester, 1, were isolated both with and without upper-rim encapsulated solvent. Selective decomplexation of lower rim bound sodium cations and upper rim encapsulated solvent molecules could be successfully achieved using low pressure light sources. Oxidation of the counter anion at the lower rim of p-tert-butylcalix[4]arene tetraethyl ester triggered both the upper and lower rim decomplexation process. The extent of decomplexation at both rims is controlled both by the nature of the counter-anionic species at the lower rim and by the fate of the photoproducts generated. The calixarene host …


Legal Reform And Social Justice: An Introduction To Latcrit Theory, Praxis And Community, Francisco Valdes Jan 2005

Legal Reform And Social Justice: An Introduction To Latcrit Theory, Praxis And Community, Francisco Valdes

Articles

This article provides a general overview of LatCrit theory as a genre of contemporary critical legal scholarship. LatCrit theory self-consciously does not limit itself to law or to scholars: students, activists and other interested parties from various disciplines, backgrounds and regions, help to constitute LatCrit theory as a collective enterprise in every respect. The ties that bind this fluid group together are a shared commitment to antisubordination purpose and praxis. The article begins with a brief account of the jurisprudential context for the emergence of LatCrit theory in 1995, then briefly describes the origins and evolution of this enterprise, before …


Spain Gazing: Postcolonial Aspirations, Neocolonial Systems And Postponed Reckonings - Queries From The Margins, Francisco Valdes Jan 2005

Spain Gazing: Postcolonial Aspirations, Neocolonial Systems And Postponed Reckonings - Queries From The Margins, Francisco Valdes

Articles

No abstract provided.


The Constitution Glimpsed From Tule Lake, Patrick O. Gudridge Jan 2005

The Constitution Glimpsed From Tule Lake, Patrick O. Gudridge

Articles

No abstract provided.


George's Story: Voice And Transformation Through The Teaching And Practice Of Therapeutic Jurisprudence In A Law School Child Advocacy Clinic, Bernard P. Perlmutter Jan 2005

George's Story: Voice And Transformation Through The Teaching And Practice Of Therapeutic Jurisprudence In A Law School Child Advocacy Clinic, Bernard P. Perlmutter

Articles

No abstract provided.


The Emergence Of Exacted Conservation Easements, Jessica Owley Lippmann Jan 2005

The Emergence Of Exacted Conservation Easements, Jessica Owley Lippmann

Articles

No abstract provided.


The Unconstitutionality Of "Hold Until Cleared": Reexamining Material Witness Detentions In The Wake Of The September 11th Dragnet, Ricardo J. Bascuas Jan 2005

The Unconstitutionality Of "Hold Until Cleared": Reexamining Material Witness Detentions In The Wake Of The September 11th Dragnet, Ricardo J. Bascuas

Articles

No abstract provided.


Private International Law-Making For The Financial Markets, Caroline Bradley Jan 2005

Private International Law-Making For The Financial Markets, Caroline Bradley

Articles

No abstract provided.


Who Needs Freedom Of Religion?, James W. Nickel Jan 2005

Who Needs Freedom Of Religion?, James W. Nickel

Articles

This article proposes that we view freedom of religion as a specific application area of more general basic liberties such as freedoms of thought, expression, association, assembly, movement, privacy, political participation, and economic activity. Separate enumeration of freedom of religion in national and international bills of rights may be useful, but it is not indispensable. In this respect freedom of religion is more like scientific freedom or artistic freedom than like freedom of expression. Recognizing that separate enumeration of freedom of religion is dispensable has salutary consequences for how we conceive and justify freedom as it applies to religion. First, …


How Well Can People Use Different Color Attributes?, Hongqin Zhang, Ethan Montag Nov 2004

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

Articles

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 …


Integrating Remorse And Apology Into Criminal Procedure, Stephanos Bibas, Richard A. Bierschbach Oct 2004

Integrating Remorse And Apology Into Criminal Procedure, Stephanos Bibas, Richard A. Bierschbach

Articles

The article argues that the criminal justice system's current focus on punishment and procedural efficiency overlooks the transformative potential of remorse and apology in repairing moral and relational harm caused by crime. It advocates for a relational approach that integrates mechanisms like restorative justice and victim-offender mediation to foster healing, reconciliation, and reintegration of offenders into society.


Gaming Delaware, William Wilson Bratton Oct 2004

Gaming Delaware, William Wilson Bratton

Articles

No abstract provided.


N-Body Growth Of A Bahcall-Wolf Cusp Around A Black Hole, Miguel Preto, David Merritt, Rainer Spurzem Aug 2004

N-Body Growth Of A Bahcall-Wolf Cusp Around A Black Hole, Miguel Preto, David Merritt, Rainer Spurzem

Articles

We present a clear N-body realization of the growth of a Bahcall-Wolf f µE^1/4 (µr^−7/4) density cusp around a massive object (“black hole”) at the center of a stellar system. Our N-body algorithm incorporates a novel implementation of Mikkola-Aarseth chain regularization to handle close interactions between star and black hole particles. Forces outside the chain were integrated on a GRAPE-6A/8 special-purpose computer with particle numbers up to N = 0.25×10^6. We compare our N-body results with predictions of the isotropic Fokker-Planck equation and verify that the time dependence of the density (both configuration and phase-space) predicted by the Fokker-Planck equation …


Cooking Online: Investigating The Effectiveness Of Providing Online Support Material To Students On A Professional Cookery Apprenticeship Course, Nuala Harding Jun 2004

Cooking Online: Investigating The Effectiveness Of Providing Online Support Material To Students On A Professional Cookery Apprenticeship Course, Nuala Harding

Articles

Having worked as a lecturer for five years, I was given the opportunity to undertake the postgraduate diploma in third-level learning and teaching at the Technological University Dublin. The elective I chose as part of this course was online learning. The requirement to compile a reflective journal during the module has provided the catalyst for me to write this paper. This Paper describes work in progress for proposed research within the Department of Hospitality, Tourism and Leisure Studies in Athlone Institute of Technology (AIT). The purpose of this research is to investigate the feasibility of providing and the effectiveness of …


They Don't Really Want To Know Us: Experiences And Perceptions Of International Students At The Technological University Dublin, Almut Schlepper Jun 2004

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

Articles

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 …


'Bound Fast And Brought Under The Yoke': John Adams And The Regulation Of Privacy At The Founding, Alison Lacroix May 2004

'Bound Fast And Brought Under The Yoke': John Adams And The Regulation Of Privacy At The Founding, Alison Lacroix

Articles

No abstract provided.


A Vocalisation-Based Drawing Interface For Disabled Children, Ted Burke May 2004

A Vocalisation-Based Drawing Interface For Disabled Children, Ted Burke

Articles

In our work with disabled children at Ireland’s National Rehabilitation Hospital, a problem we have experienced in the facilitation of art activities is that traditional art materials and standard computer drawing programs sometimes prove inaccessible. In this paper, an original system, called “PaintMyVoice” is presented which facilitates the creation of two or three-dimensional images using a variety of novel input modalities. In particular, vocalisations can be used to create original images of a variety of objects, including trees, flowers and landscape elements. Additional input to the system can optionally be provided via mouse, keyboard, switch interface or digital camera depending …


Self-Assembled Arrays Of Zno Nanoparticles And Their Application As Varistor Materials, Suresh Pillai, Declan Mccormack, John Kelly, Raghavendra Ramesh Apr 2004

Self-Assembled Arrays Of Zno Nanoparticles And Their Application As Varistor Materials, Suresh Pillai, Declan Mccormack, John Kelly, Raghavendra Ramesh

Articles

Linear arrays of ZnO nanoparticles have been successfully prepared by a simple sol–gel condensation reaction involving chemical modifiers, followed by drying (80oC) and calcination (500 oC). The calcined material (nanoarray ZnO) is composed of approximately spherical nanoparticles of average diameter 21+/-3 nm, selfassembled to form arrays extending in length to 2–4 mm. The morphology of the ZnO is found to depend sensitively on the amounts of chemical modifiers present. In their absence the ZnO produced (nano-ZnO) is an unstructured agglomerate of nanoparticles. The mechanism for formation of these linear arrays has been investigated by examining the intermediates formed at 80 …


Enough: The Failure Of The Living Will, Angela Fagerlin, Carl E. Schneider Mar 2004

Enough: The Failure Of The Living Will, Angela Fagerlin, Carl E. Schneider

Articles

Enough. The living will has failed, and it is time to say so. We should have known it would fail: A notable but neglected psychological literature always provided arresting reasons to expect the policy of living wills to misfire. Given their alluring potential, perhaps they were worth trying. But a crescendoing empirical literature and persistent clinical disappointments reveal that the rewards of the campaign to promote living wills do not justify its costs. Nor can any degree of tinkering ever make the living will an effective instrument of social policy. As the evidence of failure has mounted, living wills have …


Discovering Mr. Cook, Margaret A. Leary Mar 2004

Discovering Mr. Cook, Margaret A. Leary

Articles

Before I begin to tell you some of what I've learned as I've tried to discover Mr. [William W.] Cook, please ponder two questions: What are your feelings about the Law Quad buildings? Think, for example of the first time you entered the Quad; studying in the Reading Room; seeing the snowy Quad for the first time; and socializing in the Dining Room. You probably have a flood of memories connected to these buildings. The Law School has outgrown them in many respects, but the buildings will always be inspirational. Second, let me ask what you know about William W. …


The Organisation For Economic Cooperation And Development, Richard Woodward Mar 2004

The Organisation For Economic Cooperation And Development, Richard Woodward

Articles

This article reviews the role of the OECD, a much cited but little studied institution, in global governance.


Rules, Principles, And The Accounting Crisis In The United States, William Wilson Bratton Mar 2004

Rules, Principles, And The Accounting Crisis In The United States, William Wilson Bratton

Articles

The Sarbanes-Oxley Act and the Securities Exchange Commission move too quickly when they prod the Financial Accounting Standards Board, the standard setter for US GAAP, to move immediately to a principles-based system. Priorities respecting reform of corporate reporting in the US need to be ordered more carefully. Incentive problems impairing audit performance should be solved first through institutional reform insulating the audit from the negative impact of rent-seeking and solving adverse selection problems otherwise affecting audit practice. So long as auditor independence and management incentives respecting accounting treatments remain suspect, the US reporting system holds out no actor plausibly positioned …


Human Dignity And The Claim Of Meaning: Athenian Tragic Drama And Supreme Court Decisions, James Boyd White Feb 2004

Human Dignity And The Claim Of Meaning: Athenian Tragic Drama And Supreme Court Decisions, James Boyd White

Articles

I am going to bring together what may seem at first to be two extremely different institutions for the creation of public meaning, namely classical Athenian tragedy and the Supreme Court opinion.1 My object is not so much to draw lines of similarity and distinction between them, as a cultural analyst might do, as to try to capture something of what I believe is centrally at work in both institutions, in fact essential to what each at its best achieves. I can frame it as a question: How is it that the best instances of each genre (for I will …


Nothing Can Replace Our Son, Ian Kilroy Feb 2004

Nothing Can Replace Our Son, Ian Kilroy

Articles

‘Nothing Can Replace Our Son’ is about US casualties in the war in Iraq that began in March 2003. It features parents who have lost children fighting for the US side.


India - Measures Affecting The Automotive Sector Paper, Alan O. Sykes, Kyle Bagwell Jan 2004

India - Measures Affecting The Automotive Sector Paper, Alan O. Sykes, Kyle Bagwell

Articles

No abstract provided.


Absolutism And The Confidentiality Debate: Confidentiality And Journalists Sources,, Michael Foley Jan 2004

Absolutism And The Confidentiality Debate: Confidentiality And Journalists Sources,, Michael Foley

Articles

Sources confidentiality is the one absolute in journalism. A guarantee never to divulge the name of a confidential sources is part of all codes of conduct and is the one clause that never contains a qualification, such as 'save where the public interest demands otherwise'. However, there are problems with this rule, especially when it is used by public relations practitioners or is used when it is clearly not in the public interest.


Colonialism And Journalism In Ireland, Michael Foley Jan 2004

Colonialism And Journalism In Ireland, Michael Foley

Articles

Irish journalism developed during the 19th century at a time of tremendous change. While journalists were involved in the debates about nationalism, both as commentators and in many cases activists, they also developed a journalism practice that corresponded to the professional norms of journalists in Britain and the United States. It would appear that the middle-class nature of Irish journalists meant there was a dual pressure towards professionalising journalism and fighting for legislative independence. Both factors came together in the development of a public sphere, where professional journalists were involved in creating public opinion.


Images Of Us Troops Abusing Iraqis Constitute War Crimes, Tom Clonan Jan 2004

Images Of Us Troops Abusing Iraqis Constitute War Crimes, Tom Clonan

Articles

Article three of the Geneva Convention in relation to the treatment of Prisoners of War is explicit and unequivocal. It prohibits ‘violence to life, in particular murder of all kinds, mutilation, cruel treatment and torture’. It also outlaws ‘outrages upon personal dignity, in particular, humiliating and degrading treatment’. Accordingly, photographs of bound and hooded Iraqi prisoners, recently published by the print and electronic media, if genuine, represent crime scenes. Article four of the Geneva Convention defines in detail those categories of individuals who qualify as Prisoners of War including ‘members of armed forces’, ‘members of organised resistance groups’ and ‘members …