Digital Commons Network^™

Enron, Sarbanes-Oxley And Accounting: Rules Versus Principles Versus Rents, William Wilson Bratton

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No abstract provided.

Shareholder Value And Auditor Independence, William Wilson Bratton

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This Article questions the practice of framing problems concerning auditors' professional responsibility inside a principal-agent paradigm. If professional independence is to be achieved, auditors cannot be enmeshed in agency relationships with the shareholders of their audit clients. As agents, the auditors by definition become subject to the principal's control and cannot act independently. For the same reason, auditors' duties should be neither articulated in the framework of corporate law fiduciary duty, nor conceived relationally at all. These assertions follow from an inquiry into the operative notion of the shareholder-beneficiary. The Article unpacks the notion of the shareholder and tells a …

Race, Politics, And Juvenile Justice: The Warren Court And The Conservative "Backlash", Barry C. Feld

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A century ago, the Progressive reformers who created the juvenile court embraced a particular ideological construction of childhood as one of innocence and vulnerability. They also adopted a scientific conception of social control - positive criminology - that attempted to identify the causes of criminality and purported to treat, rather than to punish, offenders. The juvenile court combined the new conception of childhood with the new strategies of positive criminology to create a judicial-welfare alternative to the adult criminal process for juveniles. The juvenile court affirmed the responsibility of families to raise their children while expanding the state's prerogative to …

Ellman's "Why Making Family Law Is Hard": Additional Reflections, Robert Levy

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Not the least of the pleasures of membership in this distinguished group invited to praise Ira Ellman was the opportunity it gave me to renew old and dear friendships with Arizona State faculty members and their spouses, to come back to the scene of my "adjunct visitor" gig last year, to see once again an effective dean whom I greatly admire. More important, the occasion allows me to praise publicly a scholar whose creative thinking, academic writing, legislative drafting and public performances as Reporter for the American Law Institute's Principles of the Law of Family Dissolution I have long respected.

An Outcomes Analysis Of Scope Of Review Standards, Paul R. Verkuil

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No abstract provided.

Harris, Ring, And The Future Of Relevant Conduct Sentencing, Kyron J. Huigens

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No abstract provided.

Elastic Ladar Modeling For Synthetic Imaging Applications, Robin R. Burton, John R. Schott, Scott D. Brown

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The Digital Imaging and Remote Sensing Image Generation (DIRSIG) model is a synthetic imagery generation model developed at the Center for Imaging Science (CIS) at the Rochester Institute of Technology (RIT). It is a quantitative first principle based model that calculates the sensor reaching radiance from the visible through to the long wave infrared on a spectral basis. DIRSIG generates a very accurate representation of what a sensor would see by modeling all the processes involved in the imaging chain. Currently, DIRSIG only models passive sources such as the sun and blackbody radiation due to the temperature of an object. …

The Physician As A Conscientious Objector, J. David Bleich

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No abstract provided.

Many-To-Many Invocation: A New Object Oriented Paradigm For Ad Hoc Collaborative Systems, Alan Kaminsky, Hans-Peter Bischof

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Many-to-Many Invocation (M2MI) is a new paradigm for building collaborative systems that run in wireless proximal ad hoc networks of xed and mobile computing devices. M2MI is useful for building a broad range of systems, including multiuser applications (conversations, groupware, multiplayer games); systems involving networked devices (printers, cameras, sensors); and collaborative middleware systems. M2MI provides an object oriented method call abstraction based on broadcasting. An M2MI invocation means \Every object out there that implements this interface, call this method." An M2MI-based application is built by de ning one or more interfaces, creating objects that implement those interfaces in all the …

Use Of Physics Based Models In Hyperspectral Image Exploitation, John Schott, Kyungsuk Lee, Rolando Raqueno

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This paper describes a concept for using physics based models to support exploitation of remotely sensed image spectrometer data. It then reviews several methods from the literature illustrating more specifically how physics based models have been used as part of atmospheric correction, water quality assessment and temperature measurement algorithms. Finally a new approach for using model based techniques for subpixel target detection is presented This technique builds on a previously introduced invariant method that uses physics based models to support target detection of fully resolved targets without requiring in scene training or atmospheric correction. An example using the new subpixel …

"Seperation": From Epithet To Constitutional Norm, Marci A. Hamilton

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No abstract provided.

If Portia Were A Mediator: An Inquiry Into Justice In Mediation, Jonathan M. Hyman, Lela P. Love

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No abstract provided.

The Stumbling Block: Freedom, Rationality, And Legal Scholarship, Jeanne L. Schroeder

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The article critiques the dominance of policy-oriented legal scholarship, particularly in law and economics, arguing that it oversimplifies human behavior by focusing on predictable, instrumental rationality. It advocates for a more balanced approach that incorporates jurisprudential, theoretical, and doctrinal scholarship, drawing on speculative theory from Continental philosophy and psychoanalysis to provide a richer understanding of rationality and human subjectivity. The author suggests that critical legal scholarship could be revitalized by engaging with thinkers like Kant, Hegel, and Lacan, who offer deeper insights into freedom, spontaneity, and the symbolic order.

A Repo Opera: How Criimi Mae Got Repos Backwards, Jeanne L. Schroeder

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The article argues that repurchase agreements (repos) should be treated as true sales rather than secured loans under bankruptcy law to maintain financial market stability. It critiques the *In re Criimi Mae* court for misapplying the "Debtors Equity Test," which assesses whether the seller retains meaningful property rights. The analysis emphasizes the need for clear legal standards to prevent misclassification and ensure market certainty.

Speckle Observations Of Binary Stars With The Wiyn Telescope. Iii. A Partial Survey Of A, F, And G Dwarfs, Elliott P. Horch, Sarah Robinson, Zoran Ninkov, William F. Van Altena, Reed D. Meyer, Sean E. Urban, Brian D. Mason

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Two hundred thirty nearby main-sequence stars with spectral types in the range of A to G have been observed by way of speckle interferometry using the WIYN 3.5 m telescope at Kitt Peak, Arizona. The stars had no previous mention of duplicity in the literature. Of those observed, 14 showed clear evidence of a companion, and 63 were classified as suspected nonsingle based on a power spectrum analysis. The remaining stars discussed show no evidence of duplicity to the limit of the detection system in high-quality observations.

The Application Of The Foreign Sovereign Immunities Act To An Action Against The French Railroad For Transporting Thousands Of Jews And Others To Their Deaths: Abrams V. Sncf, Malvina Halberstam

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No abstract provided.

Government Officials As Attorneys And Clients: Why Privilege The Privileged?, Melanie B. Leslie

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No abstract provided.

The 2001 Superoutburst Of Wz Sagittae, Joseph Patterson, Gianluca Masi, Michael Richmond, Stacey Davis, Tracy Davis, Et Al.

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We report the results of a worldwide campaign to observe WZ Sagittae during its 2001 superoutburst. After a 23-year slumber at V=15.5, the star rose within 2 days to a peak brightness of 8.2, and showed a main eruption lasting 25 days. The return to quiescence was punctuated by 12 small eruptions, of ~1 mag amplitude and 2 day recurrence time; these “echo outbursts” are of uncertain origin, but somewhat resemble the normal outbursts of dwarf novae. After 52 days, the star began a slow decline to quiescence. Periodic waves in the light curve closely followed the pattern seen in …

Disability, Doctors And Dollars: Distinguishing The Three Faces Of Reasonable Accommodation, Elizabeth Pendo

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Despite a decade of litigation, there is no consistent understanding of the reasonable accommodation requirement of Title I of the ADA. Indeed, there are three inconsistent distributive outcomes that appear to comport with the reasonable accommodation requirement: cost-shifting, cost-sharing, and cost avoidance.

One reason for such inconsistent outcomes is a failure to develop a coherent and consistent theory of disability. Because disability has been and continues to be medicalized, this Article takes a fresh look at the medical literature on health, illness, and disability. It recommends the use of the experiential health model over the currently accepted functional health model …

Speckle Observations Of Binary Stars With The Wiyn Telescope. Ii. Relative Astrometry Measures During 1998-2000, Elliott P. Horch, Sarah Robinson, Reed D. Meyer, William F. Van Altena, Zoran Ninkov, Albert Piterman

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Five hundred twelve relative astrometry measures are presented for 253 double stars, including 53 double stars discovered by Hipparcos. In 15 cases, relative astrometry is reported for the first time for newly confirmed pairs. In addition, 20 high-quality nondetections of companions are reported for stars suspected of being nonsingle by Hipparcos. Observations were taken using a fast-readout CCD camera system at the WIYN 3.5 m telescope at Kitt Peak, Arizona. In comparing these measures with ephemeris predictions for binary stars with very well known orbits, we find that the measurement precision is better than 3 mas in separation and 1° …

Marxism And The Continuing Irrelevance Of Normative Theory (Reviewing G. A. Cohen, If You're An Egalitarian, How Come You're So Rich? (2000)), Brian Leiter

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No abstract provided.

Encouraging Race-Based Advocacy In Legal Services Practice, Jonel Newman

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Every legal services program has a waiting room, some newly furnished, others with old sofas and tattered chairs. The families, children, and elderly sitting in these waiting rooms consistently are disproportionately racial and ethnic minorities. Despite this constant reminder that those seeking legal assistance for their perceived wrongs are disproportionately racial and ethnic minorities, legal services programs are bringing fewer and fewer affirmative challenges that incorporate race-based antidiscrimination claims.
/="/"> In this article we explore possible reasons for this lack of affirmative race- and national-origin-based discrimination claims and suggest some ideas for preserving or restarting this type of advocacy, ideas …

Homicide In Aretaic Terms, Kyron J. Huigens

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No abstract provided.

Lost Souls In Search Of The Light : Two Novels Of François Mauriac, Eamon Maher

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Material reproduced by kind permission of Doctrine and Life

Searching For The Irish Soul, Eamon Maher

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Material reproduced by kind permission of Reality

Reviving Tocqueville's America: The Rehnquist Court's Jurisprudence Of Social Discovery, John O. Mcginnis

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This Article offers a retrospective on the Rehnquist Court. It argues that the Rehnquist Court has been pursuing a coherent jurisprudence that invigorates decentralization and the private ordering of social norms that Alexis De Tocqueville celebrated in Democracy in America as being the essence of the social order generated by our original Constitution. In four disparate areas-federalism, freedom of association, the religion clauses, and the balance of power between juries and judges-the Court is helping sustain a civil order that bubbles up from state governments or from citizens voluntarily gathered together or randomly selected. The Article is the first to …

The Perception Of Risk, Cass R. Sunstein

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No abstract provided.

Stark Shifts And Transition Probabilities In The Ne Ii Spectrum, Stevan Djenize, Vladimir Milosavljevic, Milan S. Dimitrijevic

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Stark shifts (d) and transition probabilities of the spontaneous emission (Einstein's A values) of forty two singly charged neon ( ) ion spectral lines have been measured in a linear, low pressure, pulsed arc at 35 300 K electron temperature and 1.83 10 ²³ m ^-3 electron density. Transition probabilities have been obtained using the relative line intensity ratio (RLIR) method. Stark shift values have also been calculated, using the semiclassical perturbation formalism (SCPF). The measured and calculated shift values and the measured A values have been compared to the existing data taken from available data sources.

Modeling Survival For Unthinned Slash Pine Plantations In East Texas Under The Influence Of Non-Planted Tree Basal Area And Incidence Of Fusiform Rust, Young-Jin Lee, Dean W. Coble

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A stand level survival model for unthinned slash pine (Pinus elliotti!) plantations in east Texas was developed that incorporates density of non-planted tree basal area per hectare competition and the incidence of fusiform rust (Cronartium quercuum). Survival data on planted slash pine trees were collected on 197 permanent research plots that represent a broad range of site, age, and competitive status combinations. A system of two equations was fit to the survival data using simultaneous nonlinear regression. All model parameters were significant at the 0.05 probability level. The model showed that the number of surviving planted slash pine trees decreased …

Sowing The Seeds Of Quality: Quality At The Sorce, A. Erhan Mergen, William Stevenson

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Quality at the source is one of the key principles of today's quality philosophies. It promotes an approach of 'right from the start' rather than 'detect and correct', and it has served business and industry quite well. It can also serve higher education just as well. In this paper, we will discuss the application of this principle to college-level education. In particular, we will explain how this principle can be applied in education, discuss the value of doing so, suggest some goals of applying this, describe how it is being applied at Rochester Institute of Technology's College of Business, and …