Digital Commons Network^™

Physician Unions And The Future Of Competition In The Health Care Sector, William S. Brewbaker Iii

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No abstract provided.

Useful Arts In The Information Age, Alan L. Durham

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No abstract provided.

Allocations Attributable To Partner Nonrecourse Liabilities: Issues Revealed By Llcs And Llps, Christine Rucinski Strong, Susan Pace Hamill

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No abstract provided.

California's Racial History And Constitutional Rationales For Race-Conscious Decision Making In Higher Education Symposium: Race And The Law At The Turn Of The Century, Richard Delgado, Jean Stefancic

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No abstract provided.

Sentencing Guidelines In Minnesota, Other States, And The Federal Courts: A Twenty-Year Retrospective, Richard Frase

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No abstract provided.

Rethinking Unthinkable Punishment Policies In America, Michael Tonry

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No abstract provided.

On Generalizations I: A Preliminary Exploration, Terence J. Anderson

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No abstract provided.

Whither Brazil: Mercosul And The Devaluation Crisis, Keith S. Rosenn

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No abstract provided.

The Constitution And Encryption Regulation: Do We Need A "New Privacy"?, A. Michael Froomkin

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No abstract provided.

Of Governments And Governance, A. Michael Froomkin

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The Magaziner Report focuses on achieving short-term goals without giving sufficient consideration to long-term consequences affecting the structure of Internet governance and democracy in general. This overly pragmatic approach creates a paradoxical climate: overly-friendly to government intervention (in e-commerce regulation) while also overly willing to defer to privatized governance structures (in other areas). As the recent World Intellectual Property Organization ("WIPO") domain name/trademark process demonstrates, certain Internet governance processes raise several questions, not least discerning whether such processes include adequate notice and consultation. More traditional democratic processes, such as legislation and regulation, have routinized means of giving affected parties notice …

Comparative Corporate Governance And The Theory Of The Firm: The Case Against Global Cross Reference, William Wilson Bratton, Joseph K. Mccahery

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Professors Bratton and McCahery take up the main questions addressed by the literature on comparative corporate governance: whether national governance systems can be expected to converge in the near future, and whether the focal point of that convergence will be a new, hybrid governance system comprised of the best practices drawn from different systems. This Article advances the view that neither global convergence that eliminates systemic differences nor the emergence of a hybrid best practice safely can be projected because each national governance system is a system to a significant extent. Each system, rather than consisting of a loose collection …

Democratic Formalism, A Matter Of Interpretation, Cass R. Sunstein

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No abstract provided.

Are Tax "Benefits" Constitutionally Equivalent To Direct Expenditures?, Edward A. Zelinsky

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In this Article, Professor Zelinsky discusses whether tax "benefits" are constitutionally equivalent to direct expenditures. He argues that, in constitutional contexts, the generic categories "tax" and "direct expenditure" are unhelpful and often misleading, in light of the diverse and overlapping nature of different tax laws and direct spending programs, the disparate perspectives from which equivalence can be assessed, and the variety of constitutional contexts in which the equivalence issue must be addressed. Professor Zelinsky thus calls for case-by-case determinations of equivalence considering particular constitutional contexts, the appropriate perspective in each of those contexts, and the specific tax and direct spending …

The End Of The Market: A Psychoanalysis Of Law And Economics, Jeanne L. Schroeder

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The perfect market is the end of all actual markets - it is their ideal form. In normative economics, actual markets are the means of achieving the end or ideal of the perfect market. But this means that to achieve a perfect market would result in the end of all actual markets. Despite the centrality of the ideal of the perfect market in the subset of law and economics scholarship based on classical price theory, there is surprisingly little literature on its parameters. In this Commentary, Professor Schroeder examines this literature in order to explicate the nature of this ideal. …

Measurement Of Degree Of Order In Mixed Polarised Fluorescent Polymer Liquid Crystal Films, Andrew Davey, Robert Howard, Bernd Lahr, Hugh Byrne

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Raman spectroscopy is used to investigate the degree of order found in in situ photopolymerised films exhibiting polarised emission. Studies indicate that the mixed system shows differing degrees of order for its two molecular components. The degree of order was measured in the liquid mesophase for the mixed monomers prior to polymerisation and was found to be in close agreement with the order of the two components measured in equivalent cured films.

Thinking Like A Lawyer Or Acting Like A Judge: A Response To Professor Simon, David Yellen

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Professor William Simon argues that the principal professional responsibility of all lawyers should be to "seek justice."' He defines this as pursuing the client's rights, but not the client's interests, if those interests are incompatible with the "truth." As a concrete example of this approach, Professor Simon states that it would normally be inappropriate for a lawyer to subject a vulnerable, but accurate, witness to cross examination intended to create the impression that the witness' testimony was mistaken.

In my view, Professor Simon's position would not really further "justice" at all. In these brief comments, by focusing on the likely …

No Church For The Poor - ''Angela's Ashes'', Eamon Maher

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Material reproduced by kind permission of Doctrine and Life

High Speed Imaging With An Agfa Consumer Grade Digital Camera, Andrew Davidhazy

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Several problems inherent to most consumer grade digital cameras are described and solved in this article about the making of microsecond photographs of bullets cutting playing cards in half and photographed with an Agfa ePhoto 1280 camera and an EG&G microflash unit.

Off-Beat Applications For A Digital Camera, Andrew Davidhazy

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This article describes several adaptations made to an Agfa ePhoto 1280 camera to allow its use with close-up lenses, filters and REAL wide angle focal length converters, as well as a slide copier and as the basis for storing and exhibiting visual presentations.

The Problematics Of Moral And Legal Theory, Richard A. Posner

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In these Holmes Lectures, delivered a century after the publication of Oliver Wendell Holmes's great essay The Path of the Law, Judge Posner argues for an essentially Holmesian conception of the proper relations among modern normative moral philosophy ("academic moralism"), morality, and law. Academic moralism, he argues, lacks either the intellectual cogency or the emotional power to change people's beliefs or behavior; the power to do so resides in "moral entrepreneurs," which academic moralists emphatically are not. Academic moralism's lack of cogency disqualifies it to guide judicial decisionmaking even - in fact, especially - in cases involving controversial moral issues, …

A Behavioral Approach To Law And Economics, Cass R. Sunstein, Christine Jolls, Richard H. Thaler

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Economic analysis of law usually proceeds under the assumptions of neoclassical economics. But empirical evidence gives much reason to doubt these assumptions; people exhibit bounded rationality, bounded self-interest, and bounded willpower. This article

The Constitutional Rhetoric Of Religion, Marci A. Hamilton

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The message of postmodernism is that we should carefully attend to the language that we use. We should not expect the meaning of our words to always accord with our intentions or to remain static. We are likely to be surprised by language's subtle and unintended intonations. This could not be more true for the discourse in the battle over the standard to be applied to free exercises cases. The language of the standard that appears to be good for religion--the Religious Freedom Restoration Act (RFRA) - sends the message that religion is weak and needy, while the standard that …

The Rotten Foundations Of Securitization, David G. Carlson

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No abstract provided.

City Of Boerne V. Flores: A Landmark For Structural Analysis, Marci A. Hamilton

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No abstract provided.

Pandora's Amphora: The Ambiguity Of Gifts, Jeanne L. Schroeder

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The law is notoriously suspicious of gifts, giving gratuitous promises less protection than contracts. An analysis based on the political philosophy of G.W.F. Hegel and the psychoanalytic theory of Jacques Lacan reveals that the law's ambivalence reflects the fundamental ambiguous nature of gifts.

The two dominant jurisprudential analyses of gift-utilitarianism and romanticism-share the single erroneous assumption that contract relations are characterized by atomistic rational behavior. The utilitarian, who views all human relations in terms of individual self-interest, analyzes gift as a primitive, incomplete, imperfect, and inferior form of contract. In contrast, the romantic, who believes that human relations can, and …

Building Color Management Modules Using Linear Optimization. Ii. Prepress System For Offset Printing, Koichi Iino, Roy Berns

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A spectral model was derived to predict the spectral reflectance factor of colors formed using a color proofing system simulating offset printing. A first-order model was based on the spectral Neugebauer equation modified by the Yule-Nielsen correction in which n was assumed to vary as a function of wavelength. The n[z] and effective dot areas were optimized using primary (cyan, magenta, yellow, and black) halftone tints. Systematic errors were observed. The systematic error behaved in a similar fashion to the phenomenon of ink trapping. Because ink trapping,.ink spread, ink mixture and variance of mechanical dot gain were negligible for this …

Camus' Meursault : The Only Christ That Modern Civilisation Deserves?, Eamon Maher

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Material reproduced by kind permission of Studies.

Separation Of Powers And The Separate Treatment Of Contract Claims Against The Federal Government For Specific Performance, Richard Henry Seamon

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No abstract provided.

Reflecting On The Subject: A Critique Of The Social Influence Conception Of Deterrence, The Broken Windows Theory, And Order-Maintenance Policing New York Style, Bernard E. Harcourt

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No abstract provided.

Bankruptcy's Uncontested Axioms, Douglas G. Baird

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No abstract provided.