Digital Commons Network^™

Club Drugs, Jean Spence

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No abstract provided.

'Appropriate' Means-Ends Constraints On Section 5 Powers, Evan H. Caminker

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With the narrowing of Congress' Article I power to regulate interstate commerce and to authorize private suits against states, Section Five of the Fourteenth Amendment provides Congress with an increasingly important alternative source of power to regulate and police state conduct. However, in City of Boerne v. Flores and subsequent cases, the Supreme Court has tightened the doctrinal test for prophylactic legislation based on Section Five. The Court has clarified Section Five's legitimate ends by holding that Congress may enforce Fourteenth Amendment rights only as they are defined by the federal judiciary, and the Court has constrained Section Five's permissible …

State Joint Employer Liability Laws And Pro Se Back Wage Claims In The Garment Industry: A Federalist Approach To A National Crisis, Andrew Elmore

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No abstract provided.

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.

Ralph Ellison As Oral Storyteller Ralph Ellison And The Law: Invisible Man And Other Ellison Texts, Steven H. Hobbs

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No abstract provided.

Vision And Reality: Democracy And Citizenship Of Women In The Dayton Peace Accords, Christine M. Chinkin, Kate Paradine

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This Article examines the gendered meanings of the concepts of democracy, citizenship, and human rights in the context of the General Framework Agreement for Peace in Bosnia and Herzegovina (GFA), negotiated in Dayton, Ohio, in 1995. The Article is predicated upon the idea that a feminist theory and politics of citizenship and democracy "must embrace an internationalist agenda" and that in turn, for effectiveness and legitimacy, the internationalist agenda must embrace feminist thinking. This Article further argues that the GFA provided an opportunity for the renegotiation of a contested space where democratic concepts of access and participation and citizenship issues …

The Foreign Affairs Of Federal Systems: A National Perspective On The Benefits Of State Participation, Daniel Halberstam

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In recent years, the constitutional law of foreign relations has come under intense academic scrutiny, and with it the traditionally accepted constitutional balance between the federal government and the States. In the course of this renewed debate, revisionist scholars have challenged the previously dominant view that States have no place in foreign affairs.

Miranda And Some Puzzles Of 'Prophylactic' Rules, Evan H. Caminker

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Constitutional law scholars have long observed that many doctrinal rules established by courts to protect constitutional rights seem to "overprotect" those rights, in the sense that they give greater protection to individuals than those rights, as abstractly understood, seem to require.' Such doctrinal rules are typically called "prophylactic" rules.2 Perhaps the most famous, or infamous, example of such a rule is Miranda v. Arizona,' in which the Supreme Court implemented the Fifth Amendment's privilege against self-incrimination4 with a detailed set of directions for law enforcement officers conducting custodial interrogations, colloquially called the Miranda warnings. 5

Jones V. Clinton: A Study In Politically Motivated Suits, Rule 11, And The First Amendment, Carol Rice Andrews

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No abstract provided.

The Ramsey Multiplicity Of K_4, Konrad Piwakowski, Stanislaw Radziszowski

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With the help of computer algorithms, we improve the lower bound on the Ramsey multiplicity of K4, and thus show that the exact value of it is equal to 9.

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 …

The Vulcan Photometer: A Dedicated Photometer For Extrasolar Planet Searches, William J. Borucki, Douglas Caldwell, David G. Koch, Larry D. Webster, Jon M. Jenkins, Zoran Ninkov, Robert Showen

Articles

A small CCD photometer dedicated to the detection of extrasolar planets has been developed and put into operation at Mount Hamilton, California. It simultaneously monitors 6000 stars brighter than 13th magnitude in its 49 deg2 field of view. Observations are conducted all night every clear night of the year. A single field is monitored at a cadence of eight images per hour for a period of about 3 months. When the data are folded for the purpose of discovering low-amplitude transits, transit amplitudes of 1% are readily detected. This precision is sufficient to find Jovian-size planets orbiting solar-like stars, which …

Imaging Of Laser-Plasma X-Ray Emission With Charge-Injection Devices, Frederic J. Marshall, Thomas Ohki, D. Mcinnis, Zoran Ninkov, J. Carbone

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This work details the method of obtaining time-integrated images of laser–plasma x-ray emission using charge-injection devices (CIDs), as has been demonstrated on the University of Rochester’s 60-beam UV OMEGA laser facility [T. R. Boehly et al., Opt. Commun. 133, 495 (1997)]. The CID has an architecture similar to a charge-coupled device. The differences make them more resistant to radiation damage and, therefore, more appropriate for some application in laser–plasma x-ray imaging. CID-recorded images have been obtained with x-ray pinhole cameras, x-ray microscopes, x-ray spectrometers, and monochromatic x-ray imaging systems. Simultaneous images obtained on these systems with calibrated x-ray film have …

Solar And Lunar Radiometric Calibration, Emmett Ientilucci, John Schott, Matthew Banta

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The current generation of Earth-imaging satellites is used primarily to produce photographic quality images that are corrected for inherent non-uniformity in the focal plane (flat-fielding) and non-linearity in the sensor. The next generation of satellites requires the extraction of target reflectance with 1-2% uncertainty from these images. This requires the payload to be radiometrically calibrated to 1% uncertainty, or less. In order to achieve these levels of uncertainty, a radiometric standard is needed that is accessible from low Earth-orbit. Unfortunately, there is no such standard currently available. One common approach is to utilize man-made source standards that have calibration traceable …

Specialized Addiction Treatment Program At John L. Norris Atc, Lisa Butler

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No abstract provided.

How Saisd Can Help The Community, Wendy Dimatteo

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No abstract provided.

Addiction And Denial, Bruce Pemberton

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No abstract provided.

Substance Abuse And Deaf People, Jackie Schertz

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No abstract provided.

Blame It On The Cybersquatters: How Congress Partially Ends The Circus Among The Circuits With The Anticybersquatting Consumer Protection Act?, Xuan-Thao Nguyen

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Congress blamed the cybersquatters for the need to pass another trademark cyberlaw. Congress enacted the Anticybersquatting Consumer Protection Act (“ACPA”) on November 29, 1999. The ACPA aimed to protect consumers and businesses, to promote the growth of electronic commerce, and to provide clarity in the law for trademark owners by prohibiting cybersquatting activities on the Internet. Prior to the enactment of the ACPA, the Federal Trademark Dilution Act (“FTDA”), which was passed by Congress in 1995 and became effective on January 16, 1996, was hailed as a powerful tool to combat cybersquatters on the Internet. That presumed powerful tool turned …

Should It Be A Free For All? The Challenge Of Extending Trade Dress Protection To The Look And Feel Of Web Sites, Xuan-Thao Nguyen

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In the e-commerce world, a company's web site becomes the primary communication center with the customer. The web site is where the company displays products, presents marketing materials, and provides sales and post-sales support. Increasingly, companies are spending valuable resources to build and maintain their web sites. With the rapid change in web technology, many web sites now feature more than just ordinary text. Color, clipart, graphics, designs, animations, and sounds are now part of the overall appearance of web sites. Yet copying an image from a web site is just one click away. What protection is available to the …

Curing Conflicts Of Interest In Clinical Research: Impossible Dreams And Harsh Realities, Patricia C. Kuszler

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This article will explore conflicts of interest in the context of clinical research, focusing on the incentives and practices that foster such conflicts. Part I will briefly define and categorize the revenue streams at play in clinical research—both contemporaneous with the clinical trial, and the downstream, long-term gains available to the researcher and research university. Part II will discuss how these entangled revenue streams result in financial and non-financial conflicts of interest that affect the nature and balance of the research enterprise and potentially endanger patients and human subjects. Part III will summarize current conflicts of interest regulations and policies, …

Protecting The Oceanic Gardens Of Eden: International Law Issues In Deep-Sea Vent Resource Conservation And Management, Craig Allen

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This article seeks to stimulate the nascent discussion on legal questions presented by access to, and use of, deep-sea hydrothermal vent sites and resources and to help guide ocean policy analysts in their efforts to formulate and implement appropriate conservation and management measures adapted to the unique multiple-use conflicts posed by the vent phenomena. The inquiry is timely and important for the vent communities, some of which are already showing signs of the human footprint—a footprint that may in the not too distant future include the tracks of submarine bulldozers as they set about the job of seabed mining.

The …

Attorney-Client Confidentiality And The Assessment Of Claimants Who Allege Posttraumatic Stress Disorder, Robert H. Aronson, Lonnie Rosenwald, Gerald M. Rosen

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Posttraumatic Stress Disorder (PTSD) was first recognized by the American Psychiatric Association in 1980. A PTSD diagnosis requires an individual or individual's loved ones to have experienced a traumatic event that was a threat to life or physical integrity and caused the individual to react to the incident with a specific number of avoidance, reexperiencing, and hyper-arousal symptoms. Obtaining a PTSD diagnosis can be of great value to a personal-injury plaintiff who claims damages due to a traumatic event. Further, if the traumatic event is unquestioned and the individual reports the classic symptoms, a PTSD diagnosis is relatively easy to …

Books? Why?, Penny A. Hazelton

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Yes, we still need law books.

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 …

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

Articles

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 …

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.

Mediation Of Probate Matters: Leaving A Valuable Legacy, Lela P. Love

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No abstract provided.

Lawyers' Ethics And Fiduciary Obligation In The Brave New World Of Aggregative Litigation, Lester Brickman

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Over the past several decades and at a quickening pace, we have seen the rise of the mass tort phenomenon. The term mass tort refers to an allegation of injury by large numbers of persons due to a calamity or exposure to defectively produced foods, drugs, products implanted in the body, or improperly designed or constructed vehicles, other products, materials or structures, which is sought to be redressed by combining (aggregating) large numbers of claims sharing like issues of fact and law into a litigation against one or more defendants using such structural aggregative methods as class actions, consolidations, and …

The Law Of White Spaces: Race, Culture, And Legal Education, Peter Goodrich, Linda G. Mills

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The scene, drawn from memory, is a first-year law school classroom. It is the early 1980s and the class is on civil procedure. The teacher is a white woman. She is nervous, and the class is dominated by students who provide standard right answers to formulaic law school questions. Other points of view, particularly those of a critical or feminist nature, are either passed over quickly or ignored. Questions of color are never mentioned. More than that, the teacher never calls on any African-American students. Students of color are either ignored completely or told, when they have questions, “We are …