Digital Commons Network^™

Prosecuting Violence/Reconstructing Community, Anthony V. Alfieri

Articles

For two centuries, the private violence of American history has paraded into courts for public trial. Often dramatized by the spectacle of rape and murder, the public trials of private violence increasingly are seen to decide the fates of both the accused and the victim of crime. The fate of community, whether the community of the victim, the accused, or the public, seems at first blush untouched by such trials. Like victims and their families, however, communities struck by violence suffer profound loss. That loss is expressed in the destruction of public discourse, reason, and citizenship. This public ruin is …

The Death Of Privacy?, A. Michael Froomkin

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The rapid deployment of privacy-destroying technologies by governments and businesses threatens to make informational privacy obsolete. The first part of this article describes a range of current technologies to which the law has yet to respond effectively. These include: routine collection of transactional data, growing automated surveillance in public places, deployment of facial recognition technology and other biometrics, cell-phone tracking, vehicle tracking, satellite monitoring, workplace surveillance, Internet tracking from cookies to "clicktrails", hardware-based identifiers, intellectual property-protecting "snitchware," and sense-enhanced searches that allow observers to see through everything from walls to clothes. The cumulative and reinforcing effect of these technologies may …

Reflections On The Fcc's Recent Approach To Structural Regulation Of The Electronic Mass Media, Lili Levi

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No abstract provided.

Internet Sexual Predators: Protecting Children In The Global Community, Madeleine M. Plasencia

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The Internet, serving as the largest network of computers in the world, has provided the horizontal parallax over which all can participate in communication and transaction, education and entertainment4 It also serves a community of participants and beneficiaries whose goals are not always shared or legal. The rise of this advanced technology has led to a new "red light district."

Unlike the physical spaces available for the distribution of pornography and sexual favors for money, the Internet, with its lack of structure, has led to an unimaginable amount of pornography available for any on-line spectator.' Information necessary for consummation of …

Deliberative Trouble - Why Groups Go To Extremes, Cass R. Sunstein

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No abstract provided.

Focal Point Theory Of Expressive Law, Richard H. Mcadams

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No abstract provided.

An Attitudinal Theory Of Expressive Law, Richard H. Mcadams

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No abstract provided.

Past-Dependency, Pragmatism, And Critique Of History In Adjudication And Legal Scholarship, Richard A. Posner

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Using Nietzsche's great essay on the uses and disadvantages of history for life as his jumping-off point, Judge Posner examines the utility of the study of history for adjudication and legal scholarship. He argues, following Nietzsche; that the wrong kind of historical study can be very bad for "life " including law, while the right kind-the kind deployed by a pragmatic judge or a policy-oriented legal scholar-may deviate from literal accuracy in the direction of a rhetorical and imaginative narrative of historical events that can be constructively employed in a forward-looking approach to legal problems.

The Public Choice Threat (Reviewing Robert D. Cooter, The Strategic Constitution (2000) & Dennis C. Mueller, Constitutional Democracy (1996)), Saul Levmore

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No abstract provided.

Privacy, Publication, And The First Amendment: The Dangers Of First Amendment Exceptionalism, Richard A. Epstein

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The coordination of common law and constitutional norms are of pressing importance on matters of freedom of speech. In the Supreme Court and elsewhere, it is possible to discern two sharply inconsistent attitudes toward this question. One view holds that the First Amendment simply prevents any legislative backsliding from the common law rules that protect freedom of speech and of the press, much as they protect freedom of contract and freedom of action generally. On this view, the standard rule governing damages and injunctive relief apply to speech much as they do anywhere else. On the alternative view of what …

Copyright, Borrowed Images, And Appropriation Art: An Economic Approach, William M. Landes

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No abstract provided.

Bringing Politics Back In (Reviewing Lucas A. Powe, Jr., The Warren Court And American Politics (2000)), Gerald Rosenberg

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No abstract provided.

It Takes A Library To Support Distance Learners, Marianne Buehler, Elizabeth Dopp, Kerry A. Hughes, Jennifer Thompson

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Wallace Library's philosophy is to create and provide resources and services that will support all users. Consequently, distance learners and distance faculty have a plethora of online resources available to them, some of which is "pushed out," saving time and effort for the library user. The evolvement of Wallace's online resources is continuous, focused on the student or professor's research need from a geographic distance.

A Tool To Monitor Processes, Donald Holmes, A. Erhan Mergen

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The purpose of this paper is to present a method which will enable the manager to make comparisons of the quality performance of a set of product lines so that the management's attention is concentrated where it is most needed. The comparison is usually difficult because the different lines may produce different specifications. The method proposed in this paper uses three Z values, which are described below.

Data Precision - Do You Have Enough?, Donald Holmes, A. Erhan Mergen

Articles

The control chart on page 4, gives a clear signal that the data has a problem with precision. There are only four or five "plateaus" in the data. This would occur for example, if you were measuring thickness with a ruler calibrated in units of 1/16ths and there was little chance for variation in the data.

Should You Use Acceptance Or Modified Control Charts?, Donald Holmes, A. Erhan Mergen

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Here's how an AQL acceptance chart is constructed for subgroup sample averages. We'll use the Upper Spec Limit case to demonstrate the principal. The Lower Spec Limit case is done in essentially the same fashion.

The Challenge To Rural States Of Procedural Reform In High Conflict Custody Cases, Elizabeth Brandt

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No abstract provided.

The Modern Law Dean, John A. Miller

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No abstract provided.

Disorderly Conduct: Day Traders And The Ideology Of "Fair And Orderly Markets", Caroline Bradley

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No abstract provided.

En/Gendering Equality: Seeking Relief Under Title Vii Against Employment Discrimination Based On Sexual Orientation, Anthony E. Varona, Jeffrey M. Monks

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No abstract provided.

Group Dynamics, Cass R. Sunstein

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No abstract provided.

Television And The Public Interest, Cass R. Sunstein

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The communications revolution has thrown into question the value of imposing public interest obligations on television broadcasters. But the distinctive nature of this unusual market-with "winner-take-all"features, with viewers as a commodity, with pervasive externalities from private choices, and with market effects on preferences as well as the other way around-justifies a continuing role for government regulation in the public interest. At the same time, regulation best takes the form, not of anachronistic command-and-control regulation, but of (1) disclosure requirements, (2) economic incentives ("pay or play"), and (3) voluntary self-regulation through a privately administered code. Some discussion is devoted to free …

American Advice And New Constitutions Global Affairs Experiences, Cass R. Sunstein

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No abstract provided.

The Constitutional Perils Of Moderation: The Case Of The Boy Scouts, Richard A. Epstein

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No abstract provided.

Innovation And Creativity In The Fine Arts: The Relevance And Irrelevance Of Copyright, Daniel J. Gifford

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How have social institutions, customs, and intellectual property laws affected creative activity in the fine arts? This article examines the many relationships between the fine arts and their social and legal environment. For the purposes of this paper, the fine arts embrace painting, sculpture, and (classical) musical composition. As will be shown below, in the arena of the fine arts, the respective roles of subjective factors - factors internal to the artists themselves - and external influences upon them from the larger society have changed dramatically over the last one hundred years. These changes have expanded the role of the …

A Market-Based Solution To The Judicial Clerkship Selection Process, Edward S. Adams

Articles

For many years, federal judges and others have labored to reform judicial clerkship hiring so judges might conduct a dignified, collegial, and efficient selection process. To date, however, these reform efforts have had little success. This Article endeavors to forge a solution to the problems endemic to the current judicial clerkship hiring process: lack of collegiality, cut-throat hiring methods, lack of efficiency, and hiring based on inadequate information about candidates. Part I of this Article explores the historical problems in the clerkship hiring process, reviews previously attempted but failed efforts at reform, and identifies problems with such approaches. Part II …

Global Restructuring And U.S.-Mexican Economic Integration: Rhetoric And Reality Of Mexican Immigration Five Years After Nafta, Robert Manning, Anita Butera

Articles

The fall 1999 protests over the World Trade Organization (WTO) meeting in Seattle highlighted the intensifying social and political tensions companying the market-driven forces of "globalization." Neoliberal assumption of "freetrade" and capital mobility" had previously dominated the political discourse of both developed and developing countries with grandiose promises of "rising tides" of prosperity "lifting the boats" of all participating social groups via higher wages, lower retail prices, and increasing employment. While neoliberal critiques (Rugman 1994; Hufbauer and Schott 1993, 1992; Lustig, Bosworth and Lawrence 1992; Reich 1991) have tended to focus on recalcitrant nationalism such as protectionist trade policies and …

Process Performance Measures When Process Distribution Is Non-Normal, Donald Holmes, A. Erhan Mergen

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This paper addresses the problems associated with process performance measures, such as Cp. Cpk, when the frequency distribution of the variable being evaluation is not Normal. These measures, also known as capability indices, are commonly used in industry, yet they may not reflect the true process performance if the process distribution is not Normal. Gunter (1), in his four-part series articles, emphasized this point and other problems associated with measures like Cpk. In this paper, we discuss various scenarios with respect to process stability and frequency distribution, and provide an example using non-Normal process curve.

The Effect Of State Anti-Takeover Laws On Board Composition, Chun-Keung Hoi, Jeffrey Lessard, Ashok Robin

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The external discipline of corporate control activities (takeovers) and the internal discipline imposed by corporate boards are two ways in which agency costs can be controlled in firms. State anti-takeover laws (ATLs) reduce the probability of takeovers. Therefore, ATLs diminish one of the two (agency cost) control mechanisms available to firms. The question that arises in this context is whether firms subject to ATLs take steps to bolster the remaining control mechanism, namely the board of directors. In this study, we analyze the effects of ATLs in Ohio and Pennsylvania. We assess board composition changes following passage of ATLs in …

The Phoenix Process, Andrew Davidhazy

Articles

How to make regular B&W paper prints from normally discarded Polaroid paper negatives and take advantage of their unique visual quality.