Digital Commons Network^™

The Unsolved Problem Of The Unfunded Mandate, Edward A. Zelinsky

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No abstract provided.

The Human Constitution And Constitutive Law: A Prolegomenon, John O. Mcginnis

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No abstract provided.

The Constitution's Pragmatic Balance Of Power Between Church And State, Marci A. Hamilton

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No abstract provided.

Computer Science Concepts In Copyright Cases: The Path To A Coherent Law, Marci A. Hamilton, Ted Sabety

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No abstract provided.

Black And White (Book Review), Anthony V. Alfieri

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No abstract provided.

Minority Discounts, Fair Market Value, And The Culture Of Estate Taxation, William S. Blatt

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No abstract provided.

Deep Ccd Photometry And The Initial Mass Function Of The Core Of The Ob Cluster Berkeley 86, Hans J. Deeg, Zoran Ninkov

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Based on photometry of deep CCD frames of the central region of the OB cluster Berkeley 86, we derive the cluster mass function. The absence of current star formation, and the cluster's young age of about 6Myrs, leads to the conclusion that the initial mass function (IMF) and the current mass function are identical for stars with m< 10msun_. In the range of 1.2-20msun_, an IMF with a slope of {GAMMA}=-1.3+/-0.3 is found. This value agrees well with other recent determinations of young clusters IMFs which are close to the classical Salpeter IMF with {GAMMA}=-1.35. Sections of the IMF of Berkeley 86 that are significantly steeper, or flatter, are most likely the result of a dip in the star's mass distribution in the range of 3.5-10msun_. Similar dips may have led to steep IMFs over narrow mass ranges, as reported in the literature for some other clusters. No sign for a low mass turn-over in the IMF of Berkeley 86 is found for masses extending down to 0.85 msun _ (Refer to PDF file for exact formulas).

Refinement Of The Rlab Color Space, Mark Fairchild

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The prediction of color appearance using the RLAB color space has been tested for a variety of viewing conditions and stimulus types. These tests have shown that RLAB performs well for complex stimuli and not-so-well for simple stimuli. This article reviews the various psychophysical results, interprets their differences, and describes evolutionary enhancements to the RLAB model that simplify it and improve its performance.

The Good, The Bad, And The Frivolous Case: An Essay On Probability And Rule 11, Charles M. Yablon

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This essay begins by asking why lawyers bring frivolous cases, cases which, under the standard definitions of frivolousness, have no chance of success and should never have been brought. Rejecting the usual answers of lawyer stupidity and greed, it offers a different view of the frivolous case --that most of the cases that have been challenged and sanctioned in recent years under Rule 11 were brought by lawyers bringing cases they reasonably believed had a low (but not zero) probability of success. This provides a more plausible explanation for wy lawyers persist in bringing such cases, since they are essentially …

Stupid Lawyer Tricks: An Essay On Discovery Abuse, Charles M. Yablon

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The article critiques the prevalent approaches to addressing discovery abuse in legal proceedings, arguing that traditional methods focusing on moralizing about civility are ineffective. Instead, it proposes a more direct approach, inspired by parental discipline, where judges should firmly tell lawyers to cease abusive behavior. The author draws on Aristotle's concept of "akrasia" (moral weakness) to explain why lawyers often engage in counterproductive tactics, suggesting that emotional impulses and the pressure to win drive such actions. The article advocates for innovative solutions to deter discovery abuse, emphasizing the need to make such behavior less enjoyable through targeted sanctions and increased …

Toward A Tax-Based Explanation Of The Liability Insurance Crisis, Kyle D. Logue

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The so-called liability insurance crisis of 1985 and 1986 transformed the way we think about tort law and about liability insurance markets. The crisis phenomena, which first appeared in late 1984 and lasted until mid-1986, consisted of enormous increases in liability insurance premiums and alarming reductions in the availability of certain types of liability coverage. In the two principal liability lines of insurance (Other Liability and Medical Malpractice), premiums increased by hundreds (in some cases thousands) of percentage points in a matter of months. At the same time, the availability of liability insurance contracted sharply. The liability policies that were …

The "Simplest" Special Effect - Matte Box Photography, Andrew Davidhazy

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We are preconditioned to assuming that photographs are made in an instantaneous manner. By making exposures sequentially, using a matte-box, we can produce images that startle and confuse our audience. Deception is also possible. Better and cheaper than using a computer!

Intellectual Property Issues In Genomics, Rebecca S. Eisenberg

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Controversy over intellectual property rights in the results of large-scale cDNA sequencing raises intriguing questions about the roles of the public and private sectors in genomics research, and about who stands to benefit (and who stands to lose) from the private appropriation of genomic information. While the US Patent and Trademark Office has rejected patent applications on cDNA fragments of unknown function from the National Institutes of Health, private firms have pursued three distinct strategies for exploiting unpatented cDNA sequence information: exclusive licensing, non-exclusive licensing and dedication to the public domain.

Political Deliberation, Affirmative Action, And The Supreme Court, Cass R. Sunstein

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No abstract provided.

Why Is This Man A Moderate? (Reviewing William A. Fischel, Regulatory Takings: Law, Economics And Politics (1995)), Richard A. Epstein

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No abstract provided.

Probation Officers Look At Plea Bargaining, And Do Not Like What They See, David Yellen

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The Probation Officers Advisory Group's survey provides valuable insights into plea bargaining practices under the federal guidelines. Probation officers play a crucial role in guideline sentencing, and their views on the plea bargaining process are significant both because of their proximity to that process and the influence they wield with judges. The survey responses thus deserve attention and may spark lively debate within the Sentencing Commission and elsewhere. Depending on one's perspective, the picture that emerges is of plea bargaining either as a safety valve to mitigate the harshness and rigidity of the guidelines, or an unregulated process that threatens …

Never Jam To-Day: On The Impossibility Of Takings Jurisprudence, Jeanne L. Schroeder

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The article critiques the incoherence of takings jurisprudence under the Fifth and Fourteenth Amendments, arguing that property rights cannot be understood as absolute or natural but must be viewed through the lens of Hegelian dialectics. It contends that property is a socially constructed concept requiring pragmatic reasoning to balance individual rights and communitarian limits. The analysis emphasizes that the determination of when regulation constitutes a taking cannot be resolved through rigid legal frameworks but demands a pragmatic approach, as the balance between individualistic and communitarian interests is inherently empirical and subjective.

The Trips Agreement: Imperialistic, Outdated, And Overprotective, Marci A. Hamilton

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According to Professor Hamilton, the TRIPS Agreement constructs international copyright law in the image of Western, Protestant-based capitalist copyright law. She suggests that the Agreement Imposes presuppositions about human value, effort, and reward that contain political, sociological, and legal ramifications. In fact, the Agreement, with its focus upon valuing individual human creative achievement, could spur further developments in Westernbased human rights in the rest of the world. By transplanting Western ideas to the rest of the world, TRIPS may actually encourage anti-authoritarian revolution.

She further suggests that the TRIPS Agreement seeks to establish a free market of intellectual property goods. …

Practice Guidelines For Co-Mediation: Making Certain That “Two Heads Are Better Than One”, Lela P. Love, Joseph B. Stulberg

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Co-mediation can either enhance or diminish the effectiveness of the mediation process. This article outlines advantages and disadvantages of comediation and proposes guidelines for co-mediators to enable maximizing the potential of a co-mediation team.

Rhetoric And Reality In Copyright Law, Stewart E. Sterk

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The article challenges traditional justifications for copyright law, particularly the notions of desert and corrective justice, arguing that these frameworks fail to provide a robust foundation for intellectual property rights. Instead, it posits that the justification for copyright protection must primarily lie in the incentive to promote creative activity. The analysis critiques the application of Lockean labor theory and restitutionary models, emphasizing that distributive justice, which focuses on the moral worth and social contributions of creators, offers a more coherent basis for copyright law.

The Rcs Of A Microstrip Antenna On An In-Plane Biased Ferrite Substrate, Byungje Lee, Frances J. Harackiewicz

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The numerical solutions for the RCS of a microstrip patch on an in-plane biased ferrite substrate are presented. The peaks in the RCS can be moved with respect to frequency by changing the magnetic bias field. We consider a monostatic RCS with various incident angles and examine all four elements of the cross-section matrix. For the case of an unmagnetized ferrite substrate the cross-polarized RCS components are zero. When the ferrite is magnetized, the cross-polarized RCS components become as significant as do the copolarized RCS components. It is also shown that a loaded patch has the effect of significantly reducing …

"Do Justice!": Variations Of A Thrice-Told Tale, Michael Herz

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Although recent debates would suggest that narrative scholarship is brand new,4 lawyers, judges, and law professors, like all humankind, have always offered stories for illustration or support or to make a point in an indirect, and often more effective, way. Learned Hand's story about telling Justice Holmes to "do justice" is one widely-used example, offered by many writers in addition to Judge Bork and Professor Chayes. Its popularity is easy to understand. The story has a substantive message, pithily expressed, on a basic jurisprudential issue; it involves two members of the pantheon; and it crams a lot of human interest …

Rape, Race And Representation: The Power Of Discourse, Discourses Of Power And The Reconstruction Of Heterosexuality, Elizabeth M. Iglesias

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No abstract provided.

Termes De Signes Positif Et Négatif En Analyses Exergétiques Des Flux De Chaleur, Jim Mcgovern, Pierre Le Goff

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In various technical plants there are heat transfer rates at temperatures above that of the environment and other simultaneous heat transfer rates at temperatures below the temperature of the environment. This is the case in cryogenic industrial processes where a cooling effect is produced from a heat source. This is also the case for all absorption refrigeration plants or absorption plants that provide refrigeration and heat pumping, notably for air-conditioning of buildings. In these cases exergetic analysis leads to equations in which some terms are positive and others are negative. This can pose problems in the definition of exergetic, or …

Knowledge-Based System For Casting Process Selection, Ahmet Er, Edward Sweeney, Voya Kondic

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Design of casting entails the knowledge of various interacting factors that are unique to casting process, and, quite often, product designers do not have the required foundry-specific knowledge. Casting designers normally have to liaise with casting experts in order to ensure the product designed is castable and the optimum casting method is selected. This two-way communication results in long design lead times, and lack of it can easily lead to incorrect casting design. A computer-based system at the discretion of a design engineer can, however, alleviate this problem and enhance the prospect of casting design for manufacture. This paper proposes …

Contract And Trust In Corporate Law: The Case Of Corporate Opportunity, Richard A. Epstein

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No abstract provided.

Constitutional Faith And The Commerce Clause, Richard A. Epstein

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No abstract provided.

Congress, Constitutional Moments, And The Cost-Benefit State Legislative Foreword, Cass R. Sunstein

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In this article, Cass Sunstein explores the 104th Congress' attempts at regulatory reform. Professor Sunstein believes that the election of this Congress, with its distinctive approach to government, signals the dawning of a "constitutional moment" in which the role of government at all levels will be reexamined. Without full public support for sweeping changes in government, this moment has not yet materialized. When and if it does, regulatory reform will be one of its aspects. Indeed the nation has already begun to examine regulation to determine ifth e benefits justify the costs. Unfortunately, the 104th Congress has, thus far, failed …

Norms, Formalities, And The Statute Of Frauds: A Comment, Eric A. Posner

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No abstract provided.

The Cost Of Rights: Implications For Central And Eastern Europe--And For The United States, Richard A. Posner

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No abstract provided.