Digital Commons Network^™

For The Best Of Friends And For Lovers Of All Sorts, A Status Other Than Marriage (Symposium: Unmarried Partners And The Legacy Of Marvin V. Marvin)" , David L. Chambers

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American governments have recently begun to experiment with new familial statuses for gay male and lesbian couples, who have demanded the right to marry but have been appeased with more modest forms of recognition.4 What I propose here is quite different. It is a status for people who have close bonds but do not want to be married to each other. I call this status "designated friends." Once registered, "designated friends" would obtain a limited number of privileges and undertake a limited number of responsibilities relating to the care for the other when ill or incapacitated or upon death, but …

Trying To Make Peace With Bush V. Gore (Symposium: Bush V. Gore Issue 2001), Richard D. Friedman

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The Supreme Court's decision in Bush v. Gore, shutting down the recounts of Florida's vote in the 2000 presidential election and effectively awarding the election to George W. Bush, has struck many observers, including myself, as outrageous.' Decisions of the Supreme Court should be more than mere reflections of ideological or partisan preference thinly camouflaged behind legalistic language. It would therefore be pleasant to be able to believe that they are more than that. Accordingly, Judge Richard Posner's analysis,2 in which he defends the result reached by the Court-though not the path by which it got there-is particularly welcome. Though …

E' Is For Eclectic: Multiple Perspectives On Evidence (Symposium: New Perspectives On Evidence), Richard D. Friedman

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A conference titled "New Perspectives on Evidence: Experts, Empirical Study and Economics" has a pronounced alliterative theme, a theme made even more apparent when, inevitably in evidentiary discourse, epistemological questions come to the fore. It is enough to make one suspect that the conference is secretly brought to you by the letter "E," hiding behind its public front, the Olin Foundation. Putting aside such conspiratorial thoughts, all these "E's" suggest the presence of a meta-"E"-Eclecticism. Indeed, I believe this conference has demonstrated the need for an eclectic approach to evidentiary problems. That should be no surprise. The domain of evidentiary …

The Liberal Commons, Hanoch Dagan, Michael A. Heller

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Following the Civil War, black Americans began acquiring land in earnest; by 1920 almost one million black families owned farms. Since then, black rural landownership has dropped by more than 98% and continues in rapid decline-there are now fewer than 19,000 black-operated farms left in America. By contrast, white-operated farms dropped only by half, from about 5.5 million to 2.4 million. Commentators have offered as partial explanations the consolidation of inefficient small farms and intense racial discrimination in farm lending. However, even absent these factors, the unintended effects of old-fashioned American property law might have led to the same outcome. …

Precontractual Reliance, Lucian A. Bebchuk, Omri Ben-Shahar

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During contractual negotiations, parties often make reliance expenditures that would increase the surplus should a contract be made. This paper analyzes decisions to invest in precontractual reliance under alternative legal regimes. Investments in reliance will be socially suboptimal in the absence of any precontractual liability-and will be socially excessive under strict liability for all reliance expenditures. Given the results for these polar cases, we focus on exploring how "intermediate"-liability rules could be best designed to induce efficient reliance decisions. One of our results indicates that the case for liability is shown to be stronger when a party retracts from terms …

Miranda Thirty-Five Years Later: A Close Look At The Majority And Dissenting Opinions In Dickerson, Yale Kamisar

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Over the years, Miranda v. Arizona1 has been criticized both for going too far2 and for not going far enough.3 Nevertheless, on the basis of talks with many criminal procedure professors in the sixteen months between the time a panel of the Fourth Circuit upheld a statute (18 U.S.C. § 3501) purporting to "overrule" Miranda and a 7-2 majority of the Supreme Court overturned that ruling in the case of Dickerson v. United States,4 I am convinced that most criminal procedure professors wanted the Supreme Court to do what it did-"reaffirm" Miranda. This is not surprising. As Professor Grano once …

The Problem Of A Viscoelastic Cylinder Rolling On A Rigid Half-Space, John Murrough Golden, G.A.C. Graham

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The problem of a viscoelastic cylinder rolling on a rigid base, propelled by a line force acting at its centre, is solved in the noninertial approximation. The method used is based on a decomposition of hereditary integrals developed by the authors in previous work, and on the viscoelastic Kolosov-Muskhelishvili equations which are used to generate a Hilbert problem. In this formulation, the problem reduces to a nonsingular integral equation in space and time, which simplifies under steady-state conditions and for exponential decay materials, to algebraic form. There are also two subsidiary conditions.

In the case of a standard linear model, …

Berle And Means Reconsidered At The Century's Turn, William Wilson Bratton

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No abstract provided.

Education, Training And The Role Of Logistic Managers In Ireland, John Mangan, Orla Gregory

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The paper is based on the analysis of the responses of a questionnaire survey of logistics managers working in manufacturing firms in Ireland. The objectives of the survey were to establish the educational and training needs of the practicing logistics manager. The questionnaire was designed to address issues including the various logistics practices undertaken by the respondents' company and the time spent by respondents on these activities; the skills currently required by logistics managers; the attitude to logistics in respondents' companies; the qualifications held and nature of training received by logistics managers; the effectiveness of training received; future training requirements …

Why Federalism Must Be Enforced: A Response To Professor Kramer, Marci A. Hamilton

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The United States Supreme Court has issued a series of opinions that turn on the Constitution's inherent principles of federalism, decisions that have alarmed many a legal scholar. Some scholars have attacked the Court for overstepping its bounds, and others have criticized the Court on the ground that the federal/state balance should be maintained through the political process rather than judicial review. The most recent advocate of this position, Professor Larry Kramer, recently argued in the Columbia Law Review that the political party structure ensures that state interests are taken into account at the federal level, and therefore the Supreme …

Cooley Innocence Project Kick-Off, Barry Scheck

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The Innocence Project, through the use of DNA testing, has successfully exonerated numerous wrongfully convicted individuals, exposing systemic flaws in the criminal justice system. This has highlighted the need for legal reforms to address issues such as eyewitness misidentification, false confessions, and fraudulent forensic science, ultimately aiming to prevent future wrongful convictions.

Rulemaking, Michael Herz

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No abstract provided.

Towards The Exact Value Of The Ramsey Number R(3, 3, 4), Konrad Piwakowski, Stanislaw Radziszowski

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The classical Ramsey number R(r_1,...,r_k) is the least n > 0 such that there is no k-coloring of the edges of K_n which does not contain any monochromatic complete subgraph K_ri in color i, for all 1 2). the only known nontrivial value is R(3,3,3) = 17. The only other case whose evaluation does not look hopeless is R(3,3,4), which currently is known to be equal to 30 or 31 by an earlier work of the authors. We report on progress towards deciding which of these tow is the correct value. Using computer algorithms we show that any critical coloring of …

Reconceptualizing Federal Habeas Corpus For State Prisoners: How Should Aedpa's Standard Of Review Operate After Williams V. Taylor, Adam N. Steinman

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No abstract provided.

$10 And A Denim Jacket--A Model Statute For Compensating The Wrongly Convicted, Alberto B. Lopez

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No abstract provided.

The Muddy Boundaries Between Res Judicata And Full Faith And Credit, Stewart E. Sterk

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The Full Faith and Credit Clause of the U.S. Constitution requires states to respect and recognize the legal decisions of other states, but its application is limited when it comes to judgments that attempt to control future behavior or infringe on a state's sovereignty. The article argues that while the clause ensures finality and uniformity, it does not obligate states to enforce sister-state injunctions or orders that dictate conduct beyond their borders. This distinction is particularly evident in cases involving family law, where states retain flexibility to modify or ignore prior judgments based on evolving circumstances, such as the best …

"The Verdict" Is In: The Civic Implications Of Civil Trials, Richard H. Weisberg

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The article argues that civil trials have become central to American civic imagination, reflecting broader societal values and conflicts. Despite current negative portrayals of plaintiffs' lawyers, the cultural narrative of the heroic lawyer fighting against powerful institutions persists, influenced by popular media and historical legal traditions.

A Response On Cardozo To Professors Kaufman And Schwarz, Richard H. Weisberg

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The article responds to critiques of Benjamin Cardozo's jurisprudence by emphasizing his belief in the dual role of judicial subjectivity and adherence to legal precedent. Cardozo advocated for a balanced approach where judges use their "trained intuition" to seek justice, even when it requires departing from formal rules. The author argues that Cardozo's method is evident in numerous cases and stresses the importance of judicial craftsmanship and language in legal decisions.

The Supreme Court In Real Time: Haste, Waste, And Bush V. Gore, Michael Herz

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No abstract provided.

Care And Maintenance Of The Successful Career: How Experienced Law Librarians Make Their Work Rewarding, Paul M. George, Penny A. Hazelton

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Experienced law librarians explain how at midcareer they continue to find challenges in their jobs and enthusiasm for their work. Although each offers a personal take, common themes emerge around involvement in profession and community, lifelong learning, and balance of work and private lives.

Penny Hazelton's contribution, I Am Not Bored—And Here's Why, begins at page 565.

The Emperor's New Clothes: The Shocking Truth About Digital Signatures And Internet Commerce, Jane K. Winn

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This Article critiques a specific set of assumptions about specific application of digital signature technology: that contracts will be formed over the Internet among parties with no prior relationships through reliance on digital signature certificates issued by trusted third parties to establish the identity of the parties. This application for digital signature technology was once seen as both its most ambitious and most promising application because, for parties with no prior knowledge of each other, there is not yet a reliable system of online identities in Internet commerce.

Parties with an ongoing commercial relationship can absorb the cost of offline …

Eddy Structures Induced Within A Wedge By A Honing Circular Arc, C. P. Hills

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In this paper we outline an expeditious numerical procedure to calculate the Stokes flow in a corner due to the rotation of a scraping circular boundary. The method is also applicable to other wedge geometries. We employ a collocation technique utilising a basis of eddy (similarity) functions introduced by Moffatt (1964) that allows us to satisfy automatically the governing equations for the streamfunction and all the boundary conditions on the surface of the wedge. The circular honing problem thereby becomes one-dimensional requiring only the satisfaction of conditions on the circular boundary. The advantage of using the Moffatt eddy functions as …

Eddies Induced In Cylindrical Containers By A Rotating End Wall, Christopher Hills

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The flow generated in a viscous liquid contained in a cylindrical geometry by a rotating end wall is considered. Recent numerical and experimental work has established several distinct phases of the motion when fluid inertia plays a significant role. The current paper, however, establishes the nature of the flow in the thus far neglected low Reynolds number regime. Explicitly, by employing biorthogonality relations appropriate to the current geometry, it is shown that a sequence of exponentially decaying eddies extends outward from the rotating end wall. The cellular structure is a manifestation of the dominance of complex eigensolutions to the homogeneous …

Sharing Health-Care Records Over The Internet, Jane Grimson, Gaye Stephens, Benjamin Jung, William Grimson, Damon Berry, Sebastien Pardon

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Presents a novel approach to sharing electronic health-care records that leverages the Internet and the World Wide Web, developed as part of two European Commission-funded projects, Synapses and SynEx. The approach provides an integrated view of patient data from heterogeneous, distributed information systems and presents it to users electronically. Synapses and SynEx illustrate a generic approach in applying Internet technologies for viewing shared records, integrated with existing health computing environments. Prototypes have been validated in a variety of clinical domains and health-care settings

Controlling The Optical Properties Of A Conjugated Co-Polymer Through Variation Of Backbone Isomerism And The Introduction Of Carbon Nanotubes, A. Dalton, J. Coleman, M. In Het Panhuis, B. Mccarthy, A. Drury, W. Blau, J. Nunzi, Hugh Byrne

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The need to control the formation of weakly emitting species in polymers such as aggregates and excimers, which are normally detrimental to device performance, is illustrated for the example of the polymer poly(m-phenylenevinylene-co-2,5-dioctyloxy-p-phenylenevinylene), using the model compound, 2,5-dioctyloxy-p-distyrylbenzene as a comparison. Two different methods, namely a Homer-Emmons polycondensation in dimethylformamide (DMF) and a Wittig polycondensation in dry toluene, have been used during synthesis resulting in a polymer with a predominantly trans-vinylene backbone and a polymer with a predominantly cis-vinylene backbone, respectively. Photoluminescence and absorption spectroscopy indicate that the polymer forms aggregate species in solution with spectra that are distinctly red-shifted …

A Review Of The Different Methods For Assessing Standing Balance, Jacinta Browne, N. J. O'Hare

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This paper is a review of the balance assessment methods currently used to evaluate standing balance. Most of the presently available instrumentation appears to be more suited to research laboratories than to routine clinical situations. Functional assessments of balance appear to be the quickest test to administer and do not require expensive equipment however only gross changes in balance can be detected making them suitable as a screening tool for identifying subject’s needing more thorough evaluation. Force platforms appear to be most suited balance assessment instrumentation to the clinical situation since it produces a real time display and can detect …

E-Spatial Technology For Spatial Analysis And Decision Making In Web-Based Land Information Management Systems, James Carswell

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In this paper we describe e-SpatialTM technology, comprising an innovative software solution for deploying integrated web-based spatial applications within Oracle 9i Database environments. The two main components of the solution are the iSMARTTM database development technology and the i-SpatialTM Information Server (iSIS). This technology allows Oracle users to build and deploy both spatially enabled and standard Internet applications without requiring any application-specific GIS source code. It can be deployed on any Oracle supported hardware platform and on any device running a Java Virtual Machine, thus providing full support for wireless, PDAs and other mobile devices. In particular, we describe a …

An Epitaphios For Neutral Principles In Constitutional Law: Bush V. Gore And The Emerging Jurisprudence Of Oprah, Ronald J. Krotoszynski Jr.

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No abstract provided.

The Trusteeship Of Legal Rulemaking, Edward S. Adams, Richard A. Saliterman

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Professor Robert D. Putnam's work is, in many respects, the contemporary companion to Democracy in America.' It comprehensively surveys and tests common presumptions held about our democracy with apparently very reliable quantitative data. Until recently, a work of this depth and breadth has been unavailable. Putnam sets forth a well supported thesis suggesting that even though American financial capital may be at a high, its "social capital" has perhaps reached a record low, or at least a level similar to the social, economic, and legal bottleneck of a century ago.' His use of empirical and combined data, however, probes into …

How To Plot Love On An Indifference Curve, Brian H. Bix

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This review of June Carbone's book, "From Partners to Parents: The Second Revolution in Family Law" (Columbia U. Pr., 2000), considers not only the title theme-- how societal norms regarding the family and legal regulation of the family have changed their focus from the way adult partners treat one another to parents' rights and duties regarding their children-- but also additional themes raised by the book's discussions. In particular, the Review emphasizes the way in which Family Law writers have resisted or adapted economic approaches to law, and the problem of legal reform in Family Law at a time of …