Digital Commons Network^™

Minimizing The Jury Over-Valuation Concern (Visions Of Rationality In Evidence Law Symposium), Richard D. Friedman

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A great deal of the rhetoric of evidence discourse concerns the supposed cognitive inadequacies of the jury. In various contexts we are told that although an item of evidence is probative, it must be excluded because the jury will give it too much weight. I believe this approach has played far too great a role in evidentiary law, and that it is an interesting project to see whether we can construct a satisfactory body of law without relying at all on the cognitive inadequacy argument. I think that, at least to a large extent, we can. In some settings, where …

On Researching Music In Everyday Life:Assessing The Musician As Producer Of Commercialised Music, Alan Bradshaw, Roger Sherlock, Pierre Mcdonagh

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Adorno & Horkheimer (1998) argue that the Culture Industry generates cultural artefacts that fail to develop human consciousness and hence support the domination of the capitalist system. Steinert (2003) states that the pressures facing musicians to negotiate between the demands of the culture industry and the traditional role of the artist generates a fundamental contradiction within art which is symbolically enacted through artistic production. This study, which draws on on-going postgraduate research aims to develop a research framework that investigates how musicians negotiate this contradiction. The study considers if a more reflexive approach to art exists, typified by the Pop …

Class And Status In American Law: Race, Interest, And The Anti-Transformation Cases, Martha R. Mahoney

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No abstract provided.

Substantially Limited Justice?: The Possibilities And Limits Of A New Rawlsian Analysis Of Disability-Based Discrimination, Elizabeth Pendo

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John Rawls has been called the most significant and influential moral philosopher of the twentieth century, and his ideas have deeply influenced discussions of social, political, and economic justice across disciplines including law, philosophy, and political science. Given his preeminence, does Rawls's theory of justice as fairness fail in either of the two ways described above or is it a promising analysis for achieving justice for people with disabilities?

In its most recent terms, the Supreme Court has increasingly turned its attention toward the Americans with Disabilities Act of 1990 (the ADA). In several significant decisions, it has grappled with …

An Accuser-Obligation Approach To The Confrontation Clause, Sherman J. Clark

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This Essay argues that the Confrontation Clause of the Sixth Amendment ought to be re-understood as primarily an accuser's obligation rather than primarily as a defendant's right. We demand that those who would perform this potentially dangerous, morally weighty, and symbolically loaded act-the act of accusation-be willing to do so face to face. We impose this requirement not only because out-of-court accusations are unreliable, though they may often be, but also in response to a deep, if inchoate, feeling that it is somehow beneath us inconsistent with our sense of who we want to be as a community-to allow witnesses …

Going To Pot, Carl E. Schneider

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In several earlier columns, I suggested that judges are usually poorly placed to make good biomedical policy, not least because the law so rarely offers them direct and cogent guidance. Recently, the U.S. Court of Appeals for the Ninth Circuit proffered a new example of this old problem. In 1996, California's voters approved Proposition 215. Its "Compassionate Use Act of 1996" provided -that a patient "who possesses or cultivates marijuana for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician" committed no crime.

Adr Without Borders, Theodore J. St. Antoine

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My task is to assess the ways in which alternative dispute resolution procedures may be adapted to deal with international labor disputes. ADR refers to various methods by which neutral third parties assist persons engaged in a conflict to settle their differences without involving the decision-making power of the state or other sanction-imposing body. Both mediation and arbitration are included. In mediation the neutral seeks to get the parties to agree on a mutually acceptable solution. In arbitration the neutral imposes a solution after presentations by the contending parties. A third term, conciliation, is sometimes used and generally connotes a …

Thayerian Deference To Congress And Supreme Court Supermajority Rules: Lessons From The Past (Symposium: Congressional Power In The Shadow Of The Rehnquist Court: Strategies For The Future), Evan H. Caminker

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Over the past eight years, the Supreme Court has been unusually aggressive in its exercise ofjudicial review over federal statutes challenged on federalism grounds. Eleven times the Court has invalidated provisions in federal statutes after determining that Congress exceeded the scope of its limited regulatory authority. In ten of the eleven cases, the vote was 5-4 with the identical five-Justice conservative majority (Chief Justice Rehnquist and Justices O'Connor, Scalia, Kennedy, and Thomas) controlling the decision.

"Charting The Course Of Commerce Clause Challenge (Symposium: The Commerce Clause: Past, Present, And Future), Richard D. Friedman

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Recognizing Barry Cushman's formidable skills in both research and argument, and his enormous wealth of knowledge, I have long known that I would much rather be on the same side of an issue with him than on the opposite side. And I am glad that we have been on the same side of an important issue, for both of us doubt that Franklin Roosevelt's Court-packing plan had much to do with the constitutional transformation of the 1930s. But now I have expressed disagreement with some propositions he has asserted, and I have made some assertions with which he disagrees, he …

A Resident Of Evidenceland Defends His Turf, Richard D. Friedman

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A few years ago, I wrote an essay welcoming Judge Richard Posner down from a star to Evidenceland, the sometimes obscure province occupied by evidence scholars.1 Although I criticized one of the points of his article on the economics of evidence law, I expressed the hope that he would remain in Evidenceland for an extended stay.2 I should have known that if he did so he would tell us long-term inhabitants what we have been doing wrong.

Expert Information And Expert Evidence: A Preliminary Taxonomy, Samuel R. Gross, Jennifer L. Mnookin

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Federal Rule of Evidence 702 speaks in very general terms. It governs every situation in which "scientific, technical or other specialized knowledge will assist the trier of fact," and provides that, in that situation, "a witness qualified as an expert by knowledge, skill, experience, or education, may testify thereto in the form of an opinion or otherwise . . . .' In 2000, following a trio of Supreme Court cases interpreting Rule 702, the Rule was amended to include a third requirement, in addition to the helpfulness of the testimony and the qualifications of the witness: reliability. Under Rule 702 …

Learning To Trust: Thoughts From A Law Clinic, David A. Santacroce

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The State Bar Legal Education Committee is now the Legal Education and Professional Standards Committee. This marriage seems an apt occasion to raise, through the prism of students, the issue of trust in client relations, though not in the traditional sense of "getting the client to trust me." Rather, the more ignored "getting me to trust the client" is the focus.

Agency Burrowing: Entrenching Policies And Personnel Before A New President Arrives, Nina A. Mendelson

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This Article examines executive branch agency actions concluded just before a new President takes office, such as "midnight" rulemaking and late-term hiring and promotion, which Professor Mendelson collectively refers to as "agency burrowing." Congress, the media, and some commentators have portrayed such activities as unsavory power grabs that undermine the President-elect's ability to direct the functions of administrative agencies. Rather than dismissing agency burrowing out of hand, however, Professor Mendelson argues for a more nuanced approach. In some cases, burrowing can make positive contributions to the democratic responsiveness of agencies, agency accountability, and the "rule of law." A fuller analysis …

A New Framework For Building Secure Collaborative Systems In Ad Hoc Network, Hans-Peter Bischof, Alan Kaminsky, Joseph Binder

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Maturing software development organizations are beginning to identify a distinct role in the software team: Software Process Engineer. A software process engineer designs the software processes used by the organization. The software process includes the process content (identification of the roles, activities, and work products of the processes, along with specific techniques, tools, guidance, examples and other supporting information) and the lifecycle model (the ordering of and dependencies between software engineering activities and work products). A process engineer assembles a process from existing process components, choosing and tailoring components to provide the balance of agility and discipline necessary for their …

Prevention Education, Wendy Dimatteo

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No abstract provided.

Substance Abuse Prevention Services For Deaf & Hard Of Hearing Children, Diana Williams

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No abstract provided.

Crossing Borders In Anne Tyler's Fiction, Susan Norton

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No abstract provided.

The Digital Trademark Right: The Troubling New Extraterritorial Reach Of National Law, Xuan-Thao Nguyen

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The Anticybersquatting Consumer Protection Act authorizes the development of the digital trademark right. Under this new right, a trademark owner can petition a domestic court to transfer a foreign registrant's domain name to the trademark owner. The trademark owner does not need to travel to the foreign land for the litigation or to petition a foreign court for enforcement of the domestic court's decision. The property transfer order has a global effect, enjoining the foreign registrant from further use of its property in its home country. Is such extraterritorial extension of national law permissible? Does the new digital trademark right …

Gender, Human Rights, And Peace Agreements, Christine M. Chinkin

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I would first like to thank the organizers for the very great honor of being asked to present the annual Schwartz Lecture in 2002. It is especially apposite to discuss issues of international peace agreements in Ohio, not far from Dayton which is famous as the location of the process that brought an end to the war in Bosnia-Herzegovina. However this lecture is going to examine issues that were not explored at Dayton, that is, some relationships between gender, peace agreements, and international human rights. In addition, because the function of peace agreements in today's world has become the broader …

Circular Annular Planar Monopoles With Em Coupling, Z. N. Chen, Max Ammann, M.Y. W. Chia, T.S. P. See

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A circular annular planar monopole with electromagnetic coupling shows broadband properties. The planar radiator is electromagnetically coupled with a probe-fed strip, and separated from it by a thin dielectric sheet. The parametric effects on the bandwidth are examined experimentally. The measurements demonstrate that the proposed monopoles have the merit of broad impedance bandwidths in the order of 100% for VSWR=2:1 and of 4:1 for VSWR=3:1 and acceptable radiation patterns across the bandwidths.

Optimization And Comparison Of Broadband Monopoles, Z. N. Chen, M.Y. W. Chia, Max Ammann

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The impedance and radiation properties of four broadband monopoles are compared and the parameters of a new roll monopole are optimised experimentally and numerically. The performances of the roll monopole with various numbers of roll turns are discussed and optimised numerically. The measurements and simulations show that, compared with conventional broadband monopoles, the roll monopole

Design Criteria And Optical Characteristics Of One-Dimensional Photonic Crystals Based On Periodically Grooved Silicon, Vladimir Tolmachev, Tatiana Perova, Kevin Berwick

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Photonic bandgap (PBG) regions have been calculated for periodically grooved Si structures, acting as a one-dimensional photonic crystal. The wavelength range of the PBG as a function of the ratio (D_Si/A) is presented, where D_Si is the width of the Si walls and A is the grooved silicon lattice constant. The influence of the parameter D_Si, the refractive index of the space between the Si walls and the number of structure periods, m, on the forming of PBG regions is discussed. A good correlation between the calculated and the experimentally observed …

Retailing At The Periphery: An Analysis Of Dublin’S Tertiary City-Centre Shopping Streets (1972-2002), Edmund O'Callaghan, Don O'Riordan

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This research examined changes in Dublin’s tertiary city centre shopping streets over a thirty year period to 2002. An observational study of the occupancy of the city’s tertiary streetscape was undertaken in the summer of 2002 and compared with historical data. Results indicate significant change over the period examined: an increased vacancy rate, a very low survival rate, a considerable incidence of non retail specific activities, a decline in traditional retail offerings and the emergence of new categories of retailer. The paper concludes by suggesting a proactive approach is required by present day retailers in the tertiary streets to ensure …

Healthy Cities, Julie Gannon

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No abstract provided.

The Racial Double Helix: Watson, Crick, And Brown V. Board Of Education (Our No-Bell Prize Award Speech) Brown@50 Symposium - Inaugural Charles Hamilton Houston Lecture, Richard Delgado, Jean Stefancic

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No abstract provided.

A Comparative Perspective On The First Amendment: Free Speech, Militant Democracy, And The Primacy Of Dignity As A Preferred Constitutional Value In Germany, Ronald J. Krotoszynski Jr.

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No abstract provided.

Hard Law, Soft Law, And Non-Law In Multilateral Arms Control: Some Compliance Hypotheses, Richard L. Williamson Jr.

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No abstract provided.

Trials And Tribulations: Science In The Law, Susan Haack

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No abstract provided.

Icann And Antitrust, A. Michael Froomkin

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National identification ("ID") cards appear increasingly inevitable. National ID cards have the potential to be repressive and privacy destroying, but it is also possible to design a system that captures more benefits than costs. Because the United States currently lacks a single, reliable credential, private businesses have trouble authenticating their customers and matching data among distributed databases. This Article argues that the desire for reliable ID creates a window of opportunity for the federal government to strike a bargain: offer private businesses the use of a reliable credential in the form of a national ID card, on the condition that …

Commentary: Time To Hug A Bureaucrat, A. Michael Froomkin

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No abstract provided.