Digital Commons Network^™

The Logical Structure Of Fraudulent Transfers And Equitable Subordination, David G. Carlson

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No abstract provided.

Alternative Approaches To Judicial Review Of Social Security Disability Cases, Paul R. Verkuil, Jeffrey S. Lubbers

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The article evaluates proposals for reforming the judicial review process for Social Security disability determinations, highlighting inefficiencies and variability in the current system. It compares the Social Security Administration (SSA) adjudication process with the Department of Veterans Affairs (VA) appeals system, emphasizing the need for a specialized court to address growing caseloads and improve decisional consistency. The analysis advocates for the creation of a Social Security Court, modeled after the Court of Appeals for Veterans Claims, to enhance uniformity, reduce delays, and alleviate the burden on federal courts.

Dignity And Desert In Punishment Theory, Kyron J. Huigens

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No abstract provided.

Of World Music And Sovereign States, Professors And The Formation Of Legal Norms, Justin Hughes

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No abstract provided.

An Autopsy Of The Structural Reform Injunction: Oops ... It's Still Moving, Myriam E. Gilles

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No abstract provided.

Splashes, Splashes And More Splashes!, Andrew Davidhazy

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How to make photographs of splashes is a topic that has interested many photographers since the advent of photography. Here are some tips and suggestions regarding a controlled approach to photographing them without wasting excessive amounts of film or time.

Mwir And Lwir Spectral Signatures Of Water And Associated Materials, Herbert J. Mitchell, Carl Salvaggio

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Spectral infrared emissivity measurements have been made of a variety of materials both with and without surface water. The surface water was either natural, in the form of dew or residual rainwater, or artificially introduced by manual wetting. Materials naturally high in water content were also measured. Despite the rather diverse spectral population of the underlying materials, they exhibited very similar, featureless, water-like spectra; spectrally flat with a very high magnitude across the emissive infrared region. The implication to exploitation personnel that may use emissive infrared hyperspectral image data is that in areas where condensation is likely (e.g. high humidity) …

Where To Now For Irish Catholicism?, Eamon Maher

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Material reproduced by kind permission of Reality

Growth Of Well-Defined Zno Microparticles By Hydroxide Ion, Ruth Mcbride, Declan Mccormack, John Kelly

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The morphology of the microcrystalline zinc oxide formed by reaction of zinc salts with sodium hydroxide depends critically on the reaction conditions. To understand this, the nature of the solid product has been probed by scanning electron microcopy (SEM) and X-ray diffraction (XRD) and the concentration of zinc remaining in the solution has been determined at regular intervals throughout the reaction. Two general preparative procedures have been followed. The first, which involves simply heating an aqueous solution containing Zn(NO3)2 (0.025 M) and sodium hydroxide (0.375 M) to 101 uC and maintaining it at that temperature for periods of up to …

Experimental And Calculated Stark Widths Within The Kr I Spectrum, Vladimir Milosavljevic, Stevan Djenize, Milan S. Dimitrijevic

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On the basis of the precisely recorded 20 neutral krypton (Kr I) line shapes (in the 5s−5p and 5s−6p transitions), we have obtained the basic plasma parameters, i.e., electron temperature (T) and electron density (N) using our line deconvolution procedure in a plasma created in a linear, low-pressure, pulsed arc discharge operated in krypton. The mentioned plasma parameters have also been measured using independent experimental diagnostics techniques. Agreement has been found among the two sets of the obtained parameters. This recommends our deconvolution procedure for plasma diagnostical purposes, especially in astrophysics where direct measurements of the …

The Laconomics Of Apples And Oranges: A Speculative Analysis Of The Economic Concept Of Commensurability, Jeanne L. Schroeder

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The article challenges the commensurability debate, arguing that the opposition between commensurability and incommensurability is not a resolvable conflict but a necessary paradox rooted in human subjectivity and symbolic thought. Drawing on the philosophical traditions of Kant, Hegel, and Lacan, the analysis posits that both quantitative and qualitative aspects are essential in legal and economic decision-making, emphasizing the need to manage rather than resolve this paradox. The speculative approach suggests that rationality involves acknowledging and navigating this duality, rather than adhering to one side of the debate.

Border Patrol, Carl E. Schneider

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Recently, the Supreme Court has encountered cases that concern perhaps our weightiest bioethical issue-how medical care is to be rationed. But this does not mean that the Court must therefore assess the justice of rationing, as many people incited by many journalists now fondly and firmly believe. In explaining why, we begin with a story about how Learned Hand remembered saying one day to Justice Holmes, "Well, sir, goodbye. Do justice!" Holmes turned quite sharply and said: "That is not my job. My job is to play the game according to the rules." If the Court doesn't do justice, what …

Real-Time Video Annotation Using Mpeg-7 Motion Activity Descriptors, Andreas Savakis, Pawel Sniatala, Radoslaw Rudnicki

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The MPEG-7 standard provides a framework of standardized tools that can be used to describe and efficiently manage multimedia content. Visual descriptors include color, texture, shape and motion. In this paper, we address the hardware implementation of MPEG-7 motion descriptors using Handel-C. In particular, descriptors for motion intensity and spatial distribution of motion activity are generated and implemented.

Assessing The Impact Of The Concrete Canoe And Steel Bridge Competitions On Civil Engineering Technology Students, Valerie L. Sirianni, Kerin L. Lee, Matt D. Lefevre, James W. Lindholm, Abi Aghayere, Maureen Valentine

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The new accreditation criteria (TC2K) of the Technology Accreditation Commission of ABET require an assessment of Program Intended Learning Outcomes. Some of the learning outcomes required by the “a” through “k” and the Civil criteria of TC2K include leadership skills, teamwork skills, project management skills, communication skills, and design and construction skills.

The American Society of Civil Engineers (ASCE) and the American Institute for Steel Construction (AISC) sponsors regional and national concrete canoe and steel bridge competitions on an annual basis. The Civil Engineering Technology (CET) students at the Rochester Institute of Technology (RIT) have participated in these competitions for …

A Web-Based Distance-Learning Course In Structural Analysis, Abi Aghayere

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There are some asynchronous web-based courses available in the civil engineering technology field but to the author’s knowledge, very few courses exist in structural analysis and design. The advantages of web-based online learning include flexibility and the ability to accommodate various learning styles such as visual and auditory learners, with the visual learning style being the most common among people of college age and older. The Civil Engineering Technology program at RIT recently developed a suite of web-based courses as part of the new Certificate in Structural Design. The online courses available include Structural Analysis, Timber Design, Reinforced Concrete Design, …

Just Do It!: Title Ix As A Threat To University Autonomy, Richard A. Epstein

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No abstract provided.

Enron At The Margin, William H. Widen

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No abstract provided.

High-Performance Architecture For Color Error Diffusion, Christopher R. Brown, Andreas Savakis

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Error diffusion is one of the most widely used algorithms for halftoning gray scale and color images. It works by distributing the thresholding error of each pixel to unprocessed neighboring pixels, while maintaining the average value of the image. Error diffusion results in inter-pixel data dependencies that prohibit a simplistic data pipelining processing approach and increase the memory requirements of the system. In this paper, we present a multiprocessing approach to overcome these difficulties, which results in a novel architecture for high performance hardware implementation of error diffusion algorithms. The proposed architecture is scalable, flexible, cost effective, and may be …

Landsat-7 Etm+ Radiometric Stability And Absolute Calibration, Brian L. Markham, John L. Barker, Julia A. Barsi, Ed Kaita, Kurtis J. Thome, Dennis L. Helder, Frank D. Palluconi, John R. Schott, Pat Scaramuzza

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Launched in April 1999, the Landsat-7 ETM+ instrument is in its fourth year of operation. The quality of the acquired calibrated imagery continues to be high, especially with respect to its three most important radiometric performance parameters: reflective band instrument stability to better than ±1%, reflective band absolute calibration to better than ±5%, and thermal band absolute calibration to better than ± 0.6 K. The ETM+ instrument has been the most stable of any of the Landsat instruments, in both the reflective and thermal channels. To date, the best on-board calibration source for the reflective bands has been the Full …

Against A Federal Patients' Bill Of Rights, Edward A. Zelinsky

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The failure of the 107th Congress to pass a "Patients' Bill of Rights" (PBR) is widely considered a major disappointment, to be remedied in the 108th Congress by the adoption of such legislation. Indeed, federal PBR proposals have achieved the proverbial motherhood-and-apple-pie status; it is virtually impossible to find anyone actively opposing a federal PBR. Many members of the 108th Congress likely feel pressure to pass PBR legislation before returning to the electorate in 2004.

I advance a contrary perspective: A federal PBR is an idea whose time is past or, to be precise, is an idea whose rationales are …

Retrenchment On Entrenchment, Stewart E. Sterk

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The article critiques the argument by Posner and Vermeule that legislative entrenchment—where a legislature passes laws that future legislatures cannot repeal without special procedures—is constitutionally permissible and normatively attractive. The author, Stewart E. Sterk, contends that their argument is flawed because it fails to address whether courts should enforce such entrenched laws, rendering their case legally and normatively incoherent. Sterk argues that entrenchment undermines democratic principles by allowing one legislature to bind future legislatures, potentially leading to intergenerational inequity and abuse by special interest groups. He advocates for mechanisms allowing future legislatures to adjust laws as needed, ensuring flexibility and …

Law's Non-Existent Empire, Jeanne L. Schroeder, David G. Carlson

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The article critiques Pierre Schlag's normative legal thought, arguing that while his descriptive critique of law as a fiction is accurate, his normative proposal to abolish law is contradictory and flawed. By incorporating Lacanian psychoanalysis, the authors contend that law, as part of the symbolic order, is constitutive of subjectivity and cannot be abolished. They propose that legal scholarship should instead focus on exposing law's role in shaping subjectivity rather than seeking to eliminate it. The analysis emphasizes that law, like language, is an intersubjective system sustained by collective belief, despite lacking a concrete foundation.

Pierre The Anomalist: An Epistemology Of The Legal Closet, Peter Goodrich

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The article examines Pierre Schlag's radical critique of legal reason and the legal academy, which challenges the profession's reliance on abstract norms and universal truths. Schlag's work, often met with hostility, exposes the material and emotional underpinnings of legal discourse, particularly the fear of losing control and status tied to the academy's faith in reason. His critique is situated within broader philosophical traditions that question the limits of reason and the importance of creativity in legal thought. The article also explores how Schlag's ideas intersect with other scholars' work, such as Reginald Leamon Robinson's analysis of legal narrative and identity, …

The Internet And The Persistence Of Law, Justin Hughes

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Since legal commentators first confronted cyberspace, three broad stories have emerged to describe the interrelation of law and the Internet: the "no-law Internet," the "Internet as a separate jurisdiction," and Internet law as "translation" of familiar legal concepts. This Article reviews these stories, focusing on how ongoing "translation" is giving way to a growing convergence in Internet law. The Article makes the case for convergence among legal responses to cyberspace and proposes a basic taxonomy for different models of convergence. With this taxonomy, the Article examines the ways in which convergence is occurring, as well as its effects on both …

A Fire Risk Assessment Technique For Educational Establishments, Victor Hrymak, Noel O'Reilly

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It is now widely considered as good practice to include fire risk assessment techniques when developing a fire risk management system. However there is little guidance as to how to evaluate the influence of organisational culture and human behaviour on the resultant level of fire safety. Since most accidents are caused by the failure of management systems, quantified risk assessment must take into account local safety management practices, or else it will not provide reliable information”.

This study tries to address this issue by developing a new fire risk assessment technique for assessing the fire safety management system of …

Fair Use Across Time, Justin Hughes

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This Article proposes that, as a copyright work ages, the scope of fair use, especially as to derivative works and uses, should expand. This is because the "market" for a copyrighted work has a temporal dimension; the copyrighted work has a market of a fixed number of years. In considering the fourth element of § 107 fair use, courts have discussed two kinds of situations in which the market for a plaintiff's work can be adversely affected: (1) situations where a particular defendant's action adversely affected the plaintiffs market, and (2) situations where the defendant's action, if it became "widespread," …

An Atmospheric Correction Parameter Calculator For A Single Thermal Band Earth-Sensing Instrument, Julia Barsi, John Barker, John Schott

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An atmospheric correction tool has been developed for public web site access for the Landsat-5 and Landsat-7 thermal band. The Atmospheric Correction Parameter Calculator uses the National Centers for Environmental Prediction (NCEP) modeled atmospheric global profiles for a particular date, time and location as input. Using commercially-available MODTRAN software and a suite of integration algorithms, the site-specific atmospheric transmission, and upwelling and downwelling radiances are derived. These calculated parameters can be applied to single band thermal imagery from Landsat-5 Thematic Mapper (TM) or Landsat-7 Enhanced Thematic Mapper Plus (ETM+) to infer an at-surface kinetic temperature for all the pixels in …

Social Care Portfolio: An Aid To Integrated Learning And Reflection, Gay Graham, Bridgit Megarry

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The focus of the paper is on the use of a specifically designed portfolio in social care training as an aid to both integrated learning and reflection. Integrated learning is achieved through the use of discrete sections in the portfolio which require students to discuss their practice placement agencies from perspectives that demonstrate their understanding of subjects such as theories and practices of social care, psychology, social policy, legal studies. Reflection, which is considered a core element of social care training, is examined as a learning tool. A model for the promotion of reflection is presented which utilises peer learning, …

Bridging The Ict Gap: A Study Of Uk Online Centres, John Cook, Matt Smith

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An initiative to create about 6,000 UK online centres aims to bridge the gap between those in society who have access to and are able to use information and communication technologies competently, and those who do not. UK online centres can be seen as networked community learning entities, playing an expanding role in formal and informal community-based learning.

The study described below provides a detailed snapshot of what was happening in UK online centres in the first nine months of 2002. The goal was to gain an improved understanding of the social context of the centres, and issues around the …

An Introduction To The Life And Works Of Jean Sulivan (1913-1980), Eamon Maher

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No abstract provided.