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Articles 5431 - 5460 of 8252
Full-Text Articles in Entire DC Network
The Inevitable Failure Of Nuisance-Based Theories Of The Takings Clause: A Reply To Professor Claeys, Stewart E. Sterk
The Inevitable Failure Of Nuisance-Based Theories Of The Takings Clause: A Reply To Professor Claeys, Stewart E. Sterk
Articles
Rejecting the proposition (advanced by Professor Eric Claeys) that the Rehnquist Court's conservatives have missed an opportunity to transform takings law, this commentary demonstrates that a nuisance-based theory cannot provide a comprehensive basis for takings clause jurisprudence. The commentary further establishes that no plausible vision of originalism supports a nuisance based theory, and concludes by arguing that judicial scrutiny of state and local land use practices is less deferential than it was at the inception of the Rehnquist Court.
Alice Finch Lee: Living The Values Of The Legal Profession, Kimberly Boone
Alice Finch Lee: Living The Values Of The Legal Profession, Kimberly Boone
Articles
No abstract provided.
Guaranteed Payments Made In Kind By A Partnership, Douglas A. Kahn, Faith Cuenin
Guaranteed Payments Made In Kind By A Partnership, Douglas A. Kahn, Faith Cuenin
Articles
If a partnership makes a payment to a partner for services rendered in the latter's capacity as a partner or for the use of capital, to the extent that the payment is determined without regard to partnership income, it is characterized by the Internal Revenue Code as a "guaranteed payment" and is treated differently from other partnership distributions.' In addition, if a partnership makes a payment in liquidation of a retiring or deceased partner's interest in the partnership, part of that payment may be characterized as a guaranteed payment by section 736(a)(2). We will discuss in Part VI of this …
Should Issuers Be On The Hook For Laddering? An Empirical Analysis Of The Ipo Market Manipulation Litigation, Adam C. Pritchard, Stephen J. Choi
Should Issuers Be On The Hook For Laddering? An Empirical Analysis Of The Ipo Market Manipulation Litigation, Adam C. Pritchard, Stephen J. Choi
Articles
On December 6, 2000, the Wall Street Journal ran a front-page story exposing abuses in the market for initial public offerings (IPOs). The story revealed "tie-in" agreements between investment banks and initial investors seeking to participate in "hot" offerings. Under those agreements, initial investors would commit to buy additional shares of the offering company's stock in secondary market trading in return for allocations of shares in the IPO. As the Wall Street Journal related, those "[c]ommitments to buy in the after-market lock in demand for additional stock at levels above the IPO price. As such, they provide the rocket fuel …
Reparations As Redistribution, Kyle D. Logue
Reparations As Redistribution, Kyle D. Logue
Articles
The most controversial, and most intriguing, remedy sought by proponents of slavery reparations involves massive redistribution of wealth from whites to blacks within the United States. This is not to say that reparations proponents have focused only on racial redistribution. Some have called for an official apology from the U.S. government. Others seek the creation of a foundation or institute, funded by U.S. tax dollars, to be devoted to furthering the interests of African Americans, including the funding of K- 12 educational programs for black children and the funding of general civil rights advocacy to counteract the lingering effects of …
Methods Of Spectral Reflectance Reconstruction For A Sinarback 54 Digital Camera, Yonghui Zhao, Lawrence Taplin, Mahdi Nezamabadi
Methods Of Spectral Reflectance Reconstruction For A Sinarback 54 Digital Camera, Yonghui Zhao, Lawrence Taplin, Mahdi Nezamabadi
Articles
There is an urgent need to build digital image databases with adequate colorimetric accuracy for museums, achieves and libraries. Traditional colorimetric imaging suffers from the possibilities of metameric problem, while spectral imaging can facilitate accurate tristimulus estimation and possibilities for spectral reconstruction of each pixel. Spectral image archives can be used to render accurate images both spectrally and colorimetrically to the original target for any illuminant and observer. The most convenient and practical capture system for spectral imaging combines a commercial trichromatic camera with two absorption filters to define image spectrally. Two images were taken for each target; so six-channel …
Modifications Of A Sinarback 54 Digital Camera For Spectral And High-Accuracy Colorimetric Imaging: Simulations And Experiments, Roy Berns, Lawrence Taplin, Mahdi Nezamabadi
Modifications Of A Sinarback 54 Digital Camera For Spectral And High-Accuracy Colorimetric Imaging: Simulations And Experiments, Roy Berns, Lawrence Taplin, Mahdi Nezamabadi
Articles
A search technique was used to identify sets of colored glass filters that could be placed in the optical path of the Sinarback 54 camera system resulting in improved color accuracy compared with a production unit and the ability to perform spectral estimation. A green and blue filter, each a pair of filters, were identified and constructed from Schott glass. RGB images were collected through these two filters resulting in six image planes. Using the Gretag Macbeth ColorChecker DC and a custom target of blue artist pigments, a transformation was derived that converted digitally flat-fielded and photometrically-linearized camera signals to …
Nuclear Properties Of A Sample Of Nearby Spirals From Stis [Space Telescope Imaging Spectrograph] Imaging, Claudia Scarlata, Massimo Stiavelli, M. A. Hughes, David Axon, A. Alonso-Herrero, J. Atkinson, D. Batcheldor, J. Binney, A. Capetti, C. M. Carollo, L. Dressel, J. Gerssen, D. Macchetto, W. Maciejewski, A. Marconi, M. Merrifield, M. Ruiz, W. Sparks, Z. Tzvetanov, Roeland P. Van Der Marel
Nuclear Properties Of A Sample Of Nearby Spirals From Stis [Space Telescope Imaging Spectrograph] Imaging, Claudia Scarlata, Massimo Stiavelli, M. A. Hughes, David Axon, A. Alonso-Herrero, J. Atkinson, D. Batcheldor, J. Binney, A. Capetti, C. M. Carollo, L. Dressel, J. Gerssen, D. Macchetto, W. Maciejewski, A. Marconi, M. Merrifield, M. Ruiz, W. Sparks, Z. Tzvetanov, Roeland P. Van Der Marel
Articles
We present surface photometry for the central regions of a sample of 48 spiral galaxies (mostly unbarred and barred of types Sbc or Sc) observed with the Space Telescope Imaging Spectrograph on board the Hubble Space Telescope. Surface brightness profiles were derived and modeled with a Nuker law. We also analyzed archival Wide Field Planetary Camera 2 images with a larger field of view, available for 18 galaxies in our sample. We modeled the extracted bulge surface brightness profiles with an exponential, an r1/4, or an rn profile. In agreement with previous studies, we find that bulges of Sbc galaxies …
Latent-Image Formation In Tabular Agbr Grains: Simulation Studies, Richard Hailstone, Rene Dekeyzer
Latent-Image Formation In Tabular Agbr Grains: Simulation Studies, Richard Hailstone, Rene Dekeyzer
Articles
A simulation programme based on the nucleation-and-growth model of latent-image formation was used to study how trap depth and trap density at various tabular grain thicknesses affected quantum sensitivity and reciprocity failure. Using a 1.2x0.2 µm model ‘grain’, the unsensitized case was simulated with 0.05 eV traps located on both the face and the core of the grain, the latter to simulate the effect of twin planes on latent-image location. The trap densities were adjusted to achieve a higher internal speed than surface speed, as seen experimentally with the emulsion used to validate the simulation. To simulate the effects of …
Mechanical Time Delay Synchronizer For Splash Photography, Andrew Davidhazy
Mechanical Time Delay Synchronizer For Splash Photography, Andrew Davidhazy
Articles
Based on the pioneering work of A.M. Worthington this article describes how an ingenious mechanical solution can be applied to solving a complex synchronization problem associated with splash photography.
Splash Photography In Daylight Conditions, Andrew Davidhazy
Splash Photography In Daylight Conditions, Andrew Davidhazy
Articles
This article was given out as part of a hands-on a demonstration of how one might go about making splashing milk or water-drop photographs ala Doc Edgerton in high ambient light conditions at a 1983 meeting of the SPIE (International Society for Optical Engineering).
Projection Crystallography And Micrography With Digital Cameras, Andrew Davidhazy
Projection Crystallography And Micrography With Digital Cameras, Andrew Davidhazy
Articles
With the advent of digital cameras the process of using an enlarger as an improvised low-power transmission microscope merits to be revisited as there are many benefits to be derived from using the digital process for the capture of images under such a "microscope" but there are also potential pitfalls to be aware of. Added here in March, 2004.
Camera For Panoramic Photographic Lampshades And More, Andrew Davidhazy
Camera For Panoramic Photographic Lampshades And More, Andrew Davidhazy
Articles
At one time I was hoping that I could interest Popular Photography magazine in publishing a piece on my work with a unique panoramic camera that is able to make conical projections or reproductions of scenes surrounding the camera as opposed to cylindrical ones made by all other rotating panoramic cameras. Well, this was the piece submitted for consideration. They were not interested.
Lean Object-Oriented Software Development, Jack Cook, Victoria Semouchtchak
Lean Object-Oriented Software Development, Jack Cook, Victoria Semouchtchak
Articles
Software failures can be dramatic, exp3ensive and catastrophic. The London Stock Exchange was developed eleven years late and 13,200% over budget (Corr 2002). A catastro0phic software failure in February 1998 interrupted the New York Mercantile Exchange and phone service in several East Coast cities (NIST 2002). All industries need software development process improvement. Of 800 business technology managers responding to an InformationWeek survey, 97% reported problems with software bugs in the past year and nine out of 10 reported higher costs, lost revenue, or both as a result (Hayes 2002, p. 40)
Chevron And Preemption, Nina A. Mendelson
Chevron And Preemption, Nina A. Mendelson
Articles
This Article takes a more functional approach to reconciling preemption doctrine with Chevron when Congress has not expressly delegated preemptive authority to an agency, an approach that considers a variety of concerns, including political accountability, institutional competence, and related concerns. The Article assumes that federalism values, such as ensuring core state regulatory authority and autonomy, are important and can be protected through political processes." It argues that although Congress's "regional structure" might hint at great sensitivity to state concerns, it actually may lead Congress to undervalue some federalism benefits that are more national in nature. Meanwhile, executive agencies generally have …
Globalization, Law And Development: Introduction And Overview (Globalization, Law And Development Conference), Michael S. Barr, Reuven S. Avi-Yonah
Globalization, Law And Development: Introduction And Overview (Globalization, Law And Development Conference), Michael S. Barr, Reuven S. Avi-Yonah
Articles
The current period of globalization (defined loosely as increasing global economic integration), which began with the liberalization of exchange and capital controls and lowering of trade and investment barriers in the 1980s, is not the first time the world got economically smaller. The period from 1870 to the outbreak of World War I in 1914 was by some measures (such as the percentage of GNP in developed countries derived from overseas investment, and labor migration) marked by more extensive globalization than the post-1980 one. This earlier globalization came to a halt with the hostilities of World War I, followed by …
Microfinance And Financial Development, Michael S. Barr
Microfinance And Financial Development, Michael S. Barr
Articles
Close to three billion people-half of the world's population-live on less than two dollars a day.' Within these poor communities, one child in five will not live to see his or her fifth birthday. To boost international development, the United Nations (UN) announced the Millennium Development Goals, aimed at eradicating poverty by 2015.? A number of countries responded at the International Conference for Financing International Development in Monterrey, Mexico, by creating action plans to begin to implement the Millennium Development Goals.4 Yet the Millennium Development Goals will prove difficult to achieve.1
Banking The Poor, Michael S. Barr
Banking The Poor, Michael S. Barr
Articles
Low-income households often lack access to banking accounts and face high costs for transacting basic financial services through check cashers and other alternative financial service providers. These families find it more difficult to save and plan financially for the future. Living paycheck to paycheck leaves them vulnerable to medical or job emergencies that may endanger their financial stability, and lack of longer-term savings undermines their ability to improve skills, purchase a home, or send their children to college. Additionally, high cost financial services and inadequate access to bank accounts may undermine widely shared societal goals of reducing poverty, moving families …
Free Speech And Valuable Speech: Silence, Dante, And The 'Marketplace Of Ideas', James Boyd White
Free Speech And Valuable Speech: Silence, Dante, And The 'Marketplace Of Ideas', James Boyd White
Articles
This Essay is a slightly expanded version of the inaugural Mellinkoff Lecture in Law and Humanities, presented at the UCLA School of Law last April in honor of the memory of Professor David Mellinkoff, the distinguished author of ground-breaking work on the nature of legal language. It addresses four related questions. What is the nature of the kind of speech and expression that realizes most completely the human capacity for finding and expressing meaning? How does our own world of public speech measure up to that standard? How, indeed, does our own talk in the law measure up, especially our …
Seeking Truth For Power: Informational Strategy And Regulatory Policymaking, Cary Coglianese, Richard Zeckhauser, Edward A. Parson
Seeking Truth For Power: Informational Strategy And Regulatory Policymaking, Cary Coglianese, Richard Zeckhauser, Edward A. Parson
Articles
Information is the lifeblood of regulatory policy. The effective use of governmental power depends on information about conditions in the world, strategies for improving those conditions, and the consequences associated with deploying different strategies. Indeed, this need for information has led legislatures to create specialized committee structures, delegate policy authority to expert agencies, and develop administrative procedures that encourage analysis. Although legal scholars have extensively debated procedures and reforms designed to improve the analytic and scientific basis of regulatory policymaking, they have paid relatively little attention to how regulators gain the information they need for making and implementing regulatory policy. …
The Law Of Duress And The Economics Of Credible Threats, Oren Bar-Gill, Omri Ben-Shahar
The Law Of Duress And The Economics Of Credible Threats, Oren Bar-Gill, Omri Ben-Shahar
Articles
This paper argues that enforcement of an agreement, reached under a threat to refrain from dealing, should be conditioned solely on the threat's credibility. When a credible threat exists, enforcement promotes social welfare and the threatened party's interests. If agreements backed by credible threats were not enforceable, the threatening party would not extort them and would instead refrain from deaing-to the threatened party's detriment. The doctrine of duress, which invalidates such agreements, hurts the coerced party. By denying enforcement when a credible threat exists, the duress doctrine precludes the threatened party from making the commitment necessary to reach agreement. Paradoxically, …
Labor And Employment Law In Two Transitional Decades, Theodore J. St. Antoine
Labor And Employment Law In Two Transitional Decades, Theodore J. St. Antoine
Articles
Labor law became labor and employment law during the past several decades. The connotation of "labor law" is the regulation of union-management relations and that was the focus from the 1930s through the 1950s. In turn, voluntary collective bargaining was supposed to be the method best suited for setting the terms and conditions of employment for the nation's work force. Since the 1960s, however, the trend has been toward more governmental intervention to ensure nondiscrimination, safety and health, pensions and other fringe benefits, and so on. "Employment law" is now the term for the direct federal or state regulation of …
Bolling Alone, Richard A. Primus
Bolling Alone, Richard A. Primus
Articles
Under the doctrine of reverse incorporation, generally identified with the Supreme Court's decision in Bolling v. Sharpe, equal protection binds the federal government even though the Equal Protection Clause by its terms is addressed only to states. Since Bolling, however, the courts have almost never granted relief to litigants claiming unconstitutional racial discrimination by the federal government. Courts have periodically found unconstitutional federal discrimination on nonracial grounds such as sex and alienage, and reverse incorporation has also limited the scope of affirmative action. But in the presumed core area of preventing federal discrimination against racial minorities, Boiling has virtually no …
Determinants Of Civil Rights Filings In Federal District Court By Jail And Prison Inmates, Anne Morrison Piehl, Margo Schlanger
Determinants Of Civil Rights Filings In Federal District Court By Jail And Prison Inmates, Anne Morrison Piehl, Margo Schlanger
Articles
This article uses panel data estimation techniques to examine the relation between the number of federal court civil filings by inmates and jail and state prison populations (and, hence, the relation between jail and prison inmate filing rates) both before and after the effective date, in 1996, of the Prison Litigation Reform Act (PLRA). The research issue matters for several reasons. First, the amount of litigation by inmates is a crucial component of the regulatory regime governing jails and prisons and thus what factors drive filings, and by how much, deserves close attention and assessment. In addition, the PLRA was …
Mutual Assent Versus Gradual Ascent: The Debate Over The Right To Retract, Omri Ben-Shahar
Mutual Assent Versus Gradual Ascent: The Debate Over The Right To Retract, Omri Ben-Shahar
Articles
I ended Contracts Without Consent: Exploring a New Basis for Contract Liability with a reminder that the analysis was "lacking in rigor and in nuance" and that "[i]t remains for future work to explore the extent to which the approach developed. . . has the horsepower to resolve pragmatically the problems that have proven difficult for current doctrine and to examine whether these solutions advance the various social objectives associated with contract formation." Such "future work" arrived sooner than I expected. I have now had the privilege to read the three commentaries that the University of Pennsylvania Law Review solicited, …
'Agreeing To Disagree': Filling Gaps In Deliberately Incomplete Contracts, Omri Ben-Shahar
'Agreeing To Disagree': Filling Gaps In Deliberately Incomplete Contracts, Omri Ben-Shahar
Articles
Incomplete contracts have always been viewed as raising the following challenge for contract law: does the incompleteness-or, "indefiniteness," as it is usually called-rise to such a level that renders the agreement legally unenforceable? When the indefiniteness concerns important terms, it is presumed that the parties have not reached an agreement to which they intend to be bound. This "fundamental policy" is the upshot of the view that "contracts should be made by the parties, not by the courts."' When, in contrast, the indefiniteness concerns less important terms, courts supplement the agreement with gap fillers and enforce the supplemented contract.
Contracts Without Consent: Exploring A New Basis For Contractual Liability, Omri Ben-Shahar
Contracts Without Consent: Exploring A New Basis For Contractual Liability, Omri Ben-Shahar
Articles
This Essay explores an alternative to one of the pillars of contract law, that obligations arise only when there is "mutual assent "--when the parties reach consensus over the terms of the transaction. It explores a principle of "no-retraction," under which each party is obligated to terms it manifested and can retract only with some liability. In contrast to the all-or-nothing nature of the mutual assent regime, where preliminary forms of consent are either full-blown contracts or create no obligation, under the no-retraction regime, obligations emerge gradually, as the positions of the negotiating parties draw closer. Further, the no-retraction liability …
The Politics Of Infertility: Recognizing Coverage Exclusions As Discrimination, Elizabeth Pendo
The Politics Of Infertility: Recognizing Coverage Exclusions As Discrimination, Elizabeth Pendo
Articles
Infertility affects approximately ten percent of the reproductive-age population in the United States, and strikes people of every race, ethnicity and socio-economic level. It is recognized by the medical community as a disease, one with devastating physical, psychological, and financial effects. Nonetheless, comprehensive coverage of infertility treatments under employer-sponsored plans - where, like Jane, most Americans get health insurance - appears to be the exception rather than the rule. Can Jane sue for disability discrimination, sex discrimination, or both? While the answer - "it depends" - should not be surprising to anyone who has survived even a semester of law …
Tribal Sovereignty Over Water Quality, Jessica Owley
Images Of Health Insurance In Popular Film: The Dissolving Critique, Elizabeth Pendo
Images Of Health Insurance In Popular Film: The Dissolving Critique, Elizabeth Pendo
Articles
Several recent films have villainized the health insurance industry as central elements of their plots. This Article examines three of those films: Critical Care, The Rainmaker, and John Q. It analyzes these films through the context of the consumer backlash against managed care that began in the 1990s and shows how these films reflect the consumer sentiment regarding health insurance companies and the cost controlling strategies they employ. In addition, the Article identifies three key premises about health insurance in the films that, although exaggerated and incomplete, have significant factual support. Ultimately, the author argues that, despite their passionately critical …