Digital Commons Network^™

High Speed Photography, Andrew Davidhazy

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An overview of high speed photography originally prepared for the Focal Encyclopedia of Photography.

Shadow Casting Phenomena At Newgrange, Frank Prendergast

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A digital model of the Newgrange passage tomb and surrounding ring of monoliths known as the Great Circle is used to investigate sunrise shadow casting phenomena at the monument. Diurnal variation in shadow directions and lengths are analysed for their potential use in the Bronze Age to indicate the passage of seasonal time. Computer-aided simulations are developed from a photogrammetric survey to accurately show how three of the largest monoliths, located closest to the tomb entrance and archaeologically coded GC1, GC-1 and GC-2, cast their shadows onto the vertical face of the entrance kerbstone, coded K1. The phenomena occur at …

Ex Proprio Vigore, James J. White

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The National Conference of the Commissioners on Uniform State Laws (NCCUSL) is a legislature in every way but one. It drafts uniform acts, debates them, passes them, and promulgates them, but that passage and promulgation do not make these uniform acts law over any citizen of any state. These acts become the law of the various states only ex proprio vigore - only if their own vitality influences the legislators of the various states to pass them.

Dangerous Liaisons: Seduction And Betrayal In Confidential Press-Source Relations, Lili Levi

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No abstract provided.

Imperial Scholar Revisited: How To Marginalize Outsider Writing, Ten Years Later, Richard Delgado

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No abstract provided.

Getting To No: A Study Of Settlement Negotiations And The Selection Of Cases For Trial, Samuel R. Gross, Kent D. Syverud

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A trial is a failure. Although we celebrate it as the centerpiece of our system of justice, we know that trial is not only an uncommon method of resolving disputes, but a disfavored one. With some notable exceptions, lawyers, judges, and commentators agree that pretrial settlement is almost always cheaper, faster, and better than trial. Much of our civil procedure is justified by the desire to promote settlement and avoid trial. More important, the nature of our civil process drives parties to settle so as to avoid the costs, delays, and uncertainties of trial, and, in many cases, to agree …

Rethinking Alimony: Marital Decisions And Moral Discourse, Carl E. Schneider

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The riddle of alimony is why one former spouse should have to support the other when no-fault divorce seems to establish the principle that marriage need not be for life and when governmental regulation of intimate relationships is conventionally condemned. Perhaps the most intelligent and probing recent attempt to solve that riddle is Ira Ellman's The Theory of Alimony. In this article, I have two purposes. The first is to ask some questions about Professor Ellman's admirable inquiry into this intricate and intractable problem. These questions are not intended to disprove "the theory." Professor Ellman has, at the least, identified …

The Government And Union Democracy, Theodore J. St. Antoine

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The desirability of union democracy is generally regarded today as a self-evident proposition. In this Symposium Clyde Summers treats it as a "fundamental premise." But there have always been reputable scholars who would support the thesis, in greater or lesser degree, that "democracy is as inappropriate within the international headquarters of the UAW as it is in the front office of General Motors."

Comment On Preliminary Report On Freedom Of Expression And Campus Harassment Codes, Terrance Sandalow

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Campus harassment codes pose an unprecedented problem for the AAUP, not only because the issues of academic freedom they raise are novel, but also because the academic community is itself deeply divided over those issues. Historically, the major assaults upon academic freedom have come from outside the academy--from politicians, trustees, and donors who have sought to limit inquiry and restrict the expression of unpopular views. Ideas about academic freedom have been shaped in the course of repelling these assaults and in constructing barricades that will safeguard the freedoms to teach and to learn that are at the center of the …

The Multiple-Marriage Society And Spousal Rights Under The Revised Uniform Probate Code, Lawrence W. Waggoner

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Nearly everyone knows about the transformation of the American family that has taken place over the last couple of decades. The changes, from the latter half of the 1970s into the present, comprise one of the great events of our age. Articles on one aspect or another of the phenomenon frequent the popular press, and a special edition of Newsweek was recently devoted to the topic.' The traditional "Leave It To Beaver" family no longer prevails in American society. To be sure, families consisting of a wage-earning husband, a homemaking and child-rearing wife, and their two joint children still exist. …

Expert Evidence, Samuel R. Gross

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It seems that the use of expert witnesses in common law courts has always been troublesome. In his Treatise on the Law of Evidence, first published in 1848, Judge John Pitt Taylor describes several classes of witnesses whose testimony should be viewed with caution, including: enslaved people (which accounts for "the lamentable neglect of truth, which is evinced by most of the nations of India, by the subjects of the Czar, and by many of the peasantry in Ireland"); women (because they are more susceptible to "an innate vain love of the marvelous"); and "foreigners and others ... living out …

Putting The Dormancy Doctrine Out Of Its Misery, Richard D. Friedman

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Justice Antonin Scalia has put on the academic table the question of whether the doctrine of the dormant commerce clause should be abandoned. That is a significant contribution, for this is an issue that should be debated thoroughly. But Justice Scalia's campaign against the doctrine has been notably ambivalent. On the one hand, he argues that the doctrine lacks justification in constitutional text, history, and theory.1 On the other hand, assertedly feeling the pressure of stare decisis,2 he has gone along with, and even led, applications of the doctrine, although within narrow limits.3 In this essay, I argue that Justice …

Commentary: Meeting The Financial Needs Of Children, David L. Chambers

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Those who drafted the equitable distribution statutes adopted in New York and elsewhere wanted to help assure women and children an acceptable level of financial well-being after divorce. Marsha Garrison has shown that divorcing couples rarely possess enough resources to attain financial well-being even when they live together as a couple, let alone when they live in two separate households. She has also shown that, even in the cases of couples with substantial assets, the broad and general language of the equitable distribution statute did not lead (and could not have been expected to lead) to consistent distributions that assured …

The Substantial Identity Rule Under The Japanese Novelty Standard, Toshiko Takenaka

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This article compares the novelty standard under Japanese patent law with the novelty standard under American patent law. This article first explains the structure of the novelty and inventive step provisions under Japanese patent law and examines the interpretation and basic legal theories of these provisions. The inventive step standard developed out of the novelty standard. Thus, to understand the inventive step standard, it is necessary to understand the novelty standard.

Next, this article discusses the unique features of the Japanese novelty standard. The strict novelty requirements of the patent laws of the United States and European countries are contrasted …

In Search Of Family Value: Constructing A Framework For Jurisprudential Discourse, Steven H. Hobbs

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No abstract provided.

Images Of The Outsider In American Law And Culture: Can Free Expression Remedy Systemic Social Ills, Richard Delgado, Jean Stefancic

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No abstract provided.

Zero-Based Racial Politics And An Infinity-Based Response: Will Endless Talking Cure America's Racial Ills Colloquy, Richard Delgado

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No abstract provided.

The Marcus Garvey Case: A Law And Power Theory Analysis Of Political Suppression Of Human Dignity, Steven H. Hobbs, Frank H. Fitch Iii

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No abstract provided.

Derrick Bell's Chronicle Of The Space Traders: Would The U.S. Sacrifice People Of Color If The Price Were Right, Richard Delgado, Jean Stefancic

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No abstract provided.

Secured Creditors And The Eely Character Of Bankruptcy Valuations, David G. Carlson

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No abstract provided.

Controlling Legislative Shortsightedness: The Effectiveness Of Constitutional Debt Limitations, Stewart E. Sterk, Elizabeth S. Goldman

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In this article, Professor Sterk and Ms. Goldman examine the efficacy of constitutional debt limitations as a method of controlling the incurrence of public debt. In examining the historical development of such limitations, the authors conclude that they are responses to perceived deficiencies in the legislative process rather than reactions to specific instances of legislative abuse. The authors determine, however, that courts have transformed absolute constraints on legislative power to incur debt into more flexible limitations that leave the judiciary with a substantial role in determining the fate of proposed borrowing schemes. Moreover, the authors found that few states revised …

Collateral Estoppel As A Basis For Attorney Discipline: The Next Step, Lester Brickman, John M. Bibona

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An attorney convicted of a serious crime involving moral turpitude may be consequently disciplined for violation of DR 1-102(A)(5) of the Model Code of Professional Responsibility or Rule 8.4 of the Model Rules of Professional Conduct without the need for relitigating the issue of the attorney's criminal guilt. Likewise, when an attorney is disbarred in one jurisdiction, he can be disbarred by another jurisdiction without relitigating the underlying facts which were the basis for the initial disbarment. When courts thus discipline lawyers, they are invoking collateral estoppel to prevent the attorney from relitigating an issue raised and resolved against him …

Justice O'Connor's Intellectual Property Opinions: Currents And Crosscurrents, Marci A. Hamilton

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No abstract provided.

Refocusing The New Evidence Scholarship : A Comment On Robert S. Thompson's "Decision, Disciplined Inferences And The Adversary Process", Terence J. Anderson

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No abstract provided.

Lost On A One-Way Street: The Taxpayer's Ability To Disavow Form, William S. Blatt

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No abstract provided.

Competitive Deregulation Of Financial Services Activity In Europe After 1992, Caroline Bradley

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No abstract provided.

The Lockett Paradox: Reconciling Guided Discretion And Unguided Mitigation In Capital Sentencing, Scott E. Sundby

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No abstract provided.

Beyond Griswold: Foucauldian And Republican Approaches To Privacy, Stephen J. Schnably

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No abstract provided.

The Section Of Taxation: The First Fifty Years, James P. Holden, Harry K. Mansfield, John S. Nolan, K. Martin Worthy, James B. Lewis, Don V. Harris Jr., Mac Asbill Jr.

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No abstract provided.

Feminism Historicized: Medieval Misogynist Stereotypes In Contemporary Feminist Jurisprudence, Jeanne L. Schroeder

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The article argues that contemporary feminist theories are ahistorical and culturally narrow, often mirroring medieval misogynist stereotypes by assuming that late-twentieth-century, white, upper-middle-class American experiences represent universal truths about gender. By examining medieval canon law and societal norms, the analysis reveals that patriarchal structures have persisted across time, adapting to different cultural definitions of masculinity and femininity. The author advocates for a more historically and cross-culturally informed approach to jurisprudence and gender theory to avoid replicating past oppressions.