Digital Commons Network^™

Why Do Juries Get A Bum Rap: Reflections On The Work Of Valerie Hans, Richard O. Lempert

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The paper by Professor Valerie Hans that I have been asked to comment on examines the widespread expectation that jurors are prepared to hold businesses responsible in tort actions when they would not hold individual actors similarly responsible.1 Two reasons are commonly offered for this expectation. The first is that jurors naturally sympathize with individuals (like themselves) when people sue businesses, either because they identify with the plaintiffs as individuals or because they hold antibusiness attitudes. The second is that because businesses are often wealthy, a "deep pockets" effect exists such that jurors in negligence cases will find for undeserving …

Enlightenment, Donald J. Herzog

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It's a curious broadside, a work of austere graphics and polite prose far removed from the mischievous engravings and bawdy ballads usually appearing on such sheets. Drawn from an address that 345 printers had signed and 138 had presented to the queen, the original text was committed to parchment "and accompanied by a Copy surperbly printed on white Satin, edged with white Silk Fringe, backed with purple Satin, and mounted in an Ivory Roller with appropriate Devices." Even in the published version, the arch is full of intricately detailed work. The printers took pride in their craftmanship: "This Specimen of …

We Could Pass A Law...What Might Happen If Contingent Legal Fees Were Banned, Samuel R. Gross

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This is an exercise in fantasy. My task is to imagine what would happen if we simply abolished the institution of the contingent fee by statute. I cannot justify that task on grounds of urgency. Contingent fees are not about to be abolished, and they probably.are not going to be seriously restricted. My hope is that the exercise will be amusing in itself, and that in the process we might learn something about contingent fees as we now use them.

Physician-Assisted Suicide: The Problems Presented By The Compelling, Heartwrenching Case, Yale Kamisar

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Now that the U.S. Supreme Court has upheld New York and Washington state laws prohibiting the aiding of another to commit suicide,2 the spotlight will shift to the state courts, the state legislatures and state referenda. And once again proponents of physician-assisted suicide (PAS) will point to a heartwrenching case, perhaps the relatively rare case where a dying person is experiencing unavoidable pain (i.e., pain that not even the most skilled palliative care experts are able to mitigate), and ask: What would you want done to you if you were in this person's shoes?

Latino And Latina Critical Theory: An Annotated Bibliography Latcrit: Latinas/Os And The Law: A Joint Symposium By California Law Review And La Raza Law Journal: Policy, Politics, And Praxis, Jean Stefancic

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No abstract provided.

Colorimetric Characterization Of The Apple Studio Display (Flat Panel Lcd), Mark Fairchild, David Wyble

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The colorimetric characterization of a flat-panel LCD monitor, the Apple Studio Display, using traditional CRT characterization techniques was evaluated. The results showed that the display performed up to the manufacturer's specifications in terms of luminance and contrast. However, the traditional CRT gain-offset-gamma (GOG) model for characterization was inadequate and a model with one-dimensional lookup tables followed by a 3x3 matrix was developed. The LUT model performed excellently with average CIE94 color differences between measured and predicted colors of approximately 1.0.

Application Of The Reetz Reagent, Dichlorodimethyltitanium, To Develop Sterically Congested Quaternary Centers. The Synthesis Of Herbertene, Thomas Poon, Bradford Mundy, Frank Favaloro

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A general protocol for conversion of a tetrasubstituted alkene to a highly methylated hydrocarbon is tested with a concise synthesis of the natural product, herbertene. The conversion: alkene --> 1,2-diol --> 1,2-dimethylated hydrocarbon should find application in a number of synthesis designs.

An Economic Analysis Of Intellectual Property Rights: Justifications And Problems Of Exclusive Rights, Incentives To Generate Information, And The Alternative Of A Government Run Reward System, Steve Calandrillo

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This article examines and questions the traditional justifications for intellectual property (I.P.) rights in America (focusing on copyright and patent law), and explores incentives necessary to induce the creation of these works of information. I conclude that changes are needed to I.P. law in order to best foster society's dual goals of 1) promoting incentives to create I.P. works (such as currently patented drugs), while also 2) maximizing distribution of those products to all consumers who would stand to gain (and not merely those who can afford the monopoly price charged). Hence, I suggest the creation of a Government-Run Reward …

The License Is The Product: Comments On The Promise Of Article 2b For Software And Information Licensing, Robert W. Gomulkiewicz

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Article 2B promises to draw together contract principles for software and information licensing that, at present, are spread among various bodies of law.

This Article argues that Article 2B must affirm industry standard licensing practices in order to prove beneficial. For example, Article 2B's affirmation of industry standard mass market licensing is important for both publishers and end users. Article 2B must also provide the flexibility to accommodate new distribution and licensing models that will arise as electronic commerce matures. Any other approach would fundamentally disrupt the software and information industries.

Moreover, this Article urges the drafters of Article 2B …

Regulating The Use Of The Internet In Securities Markets, Jane Kaufman Winn

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As use of the Internet and other new technologies in securities continues to expand, the U.S. Securities and Exchange Commission and self-regulatory organizations (SROs) within the securities industry have continued their efforts to adapt their existing regulations to these developments. Although regulators in the United States have provided guidance to market participants on many issues, many other important questions under U.S. securities law remain unanswered.

Guidance regard to securities law in other jurisdictions is almost non-existent, though transnational organizations, such as the International Organization of Securities Commissions (IOSCO), are working to remedy this situation. I

n 1997 and 1998, the …

Open Systems, Free Markets, And Regulation Of Internet Commerce, Jane Kaufman Winn

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Can commercial transactions conducted over the Internet be regulated by existing commercial law doctrines? Many promoters of Internet commerce argue that business done over open computer networks such as the Internet will require a new regulatory framework In fact, many issues raised by Internet commerce have already been considered at length in the context of electronic commerce conducted over closed computer networks, such as those used in financial markets.

One of the most hotly debated issues regarding the regulation of Internet commerce is the question of what would be the online equivalent of a signature. Some have argued that, because …

Are Criminal Defendants In Japan Truly Receiving Trials By Judges, Daniel H. Foote

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Since my initial appointment as an assistant judge in April of 1950, I have served as a judge for over 39 1/2 years. For most of that time, over 30 years, I have handled criminal trials. Thus, one might say that I personally represent a living history of the current Code of Criminal Procedure. Human beings, however, inevitably tend to idle their time away; and I have been kept busy day in and day out handling cases and up until now have never had the chance to sit back and reflect dispassionately on the actual state of criminal trials. That …

The De Minimus Exemption Of Stored Value Cards From Regulation E: An Invitation To Fraud?, Sean M. O'Connor

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How valuable is $100? To a student? To a single unemployed parent? To a well-compensated professional? The Federal Reserve Board apparently believes that the potential loss of $100 is not a tremendous burden on anyone. In a recently proposed rule, the Board exempts stored value cards[that contain less than $100 from the same regulations that protect consumers from most types of fraud associated with ATM, debit, and credit cards. Regulation E (Reg E) currently regulates the electronic funds transfers (EFTs) that are at the heart of ATM/debit/credit card transactions by requiring printed receipts, error resolution procedures, periodic statements, initial disclosure …

The Changing Nature Of Theory And Practice In Marketing: On The Value Of Synchrony, Aidan O'Driscoll, John Murray

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Any academic discipline with a closely associated area of professional endeavour is profoundly affected by the relationship between its theory and practice. Synchrony in theory and practice adds value to the management of enterprise and to the advance of the discipline. Mindful of this assertion, this article explores the changing nature of theory and practice in marketing. It examines current trends in marketing practice which are occurring as a result of change in markets, technology and organisations. It assesses the state of theory in six subfields of marketing. It also considers developments in closely related management disciplines as well as …

Mapping Mediation: The Risks Of Riskin's Grid, Kimberlee K. Kovach, Lela P. Love

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We use maps for orientation and guidance. A topographical map and compass guide us through unmarked terrain. To pass a bar exam, law students follow a course carefully mapped out by BAR/ BRI. To understand political configurations, we study maps of the world, indicating countries and states and their boundaries. Maps are important. They create paradigms or "boxes" within which to operate safely and efficiently. The universe a map depicts-what is put in and what is left out-must have an internal cohesion, logic, and accuracy. If not, maps misguide their users.

Linear-Strip Photographs Using Cirkut And Hulcher Cameras, Andrew Davidhazy

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This article describes the process by which cameras originally designed for use as rotating, 360 degree coverage, panoramic cameras can be used for applications such as photographing the full length of a passing train or the facades of all the buildings along a street.

In Memoriam: William J. Brennan, Richard A. Posner

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No abstract provided.

Ccd Speckle Observations Of Binary Stars From The Southern Hemisphere, Elliott P. Horch, Zoran Ninkov, Robert W. Slawson

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We present 119 position angle and separation measures of 86 double stars observed by way of speckle interferometry with the University of Toronto Southern Observatory 60 cm telescope at Las Campanas, Chile. Speckle interferograms are recorded with a bare (unintensified) front-illuminated CCD in a fast subarray-readout mode. Position angles and separations are determined by a weighted least-squares fitting algorithm applied to the binary power spectra, and the 180-degree ambiguity in the position angle inherent in this approach is resolved by bispectral analysis. In this configuration the 60 cm telescope exhibits near-diffraction-limited performance. Initial results indicate that our separation measures have …

Peripheral Imaging With Electronic Memory Unit, Andrew Davidhazy

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Description of how a Colorado Video 593 peak store instrument is applied to making 360 degree roll-out images of the surface of cylindrical subjects.

A Tale Of Two Cities: Day Labor And Conflict Resolution For Communities In Crisis, Lela P. Love, Cheryl B. Mcdonald

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Through the lens of Glen Cove and Agoura Hills, two cities facing social crisis revolving around a shaping point, this article addresses the importance of government and key interest groups developing approaches to conflict that will best move society forward while limiting the danger and costs of discord. This "tale of two cities" describes two remarkably similar situations involving day laborers and argues that one community’s choice of mediation after the commencement of litigation resulted in outcomes that addressed and satisfied a wider range of constituency interests than those realized by the community that chose litigation alone.

The Spontaneous Order Of War Powers, John O. Mcginnis

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No abstract provided.

Technological Change And Doctrinal Persistence: Telecommunications Reform In Congress And The Court, Monroe E. Price, John F. Duffy

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In recent years, both the Supreme Court and the Congress have made much of the rapid pace of technological change within the telecommunications industry. In passing the Telecommunications Act of 1996, for example, Congressional leaders described these changes in almost millennial terms, predicting that "convergence" of communications technologies would beget a new regulatory world in which telecommunications technologies would no longer be regulated in a piece-mea4 media-specific fashion, but rather as part of a unified, coherent scheme. The Supreme Court, likewise, has portrayed changes in telecommunications technology as reason to move its First Amendment jurisprudence away from media-specific categories and …

Mediation: The Romantic Days Continue, Lela P. Love

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No abstract provided.

Playing The "Culture Card": Trials In A Mutli-Cultural Democracy, Richard O. Lempert

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As I write, the racial divide in America is said to be greater than at any time in the past 25 years.' Two events are blamed: the O.J. Simpson criminal trial and the Louis Farrakan led "Million Man March." That these events should exacerbate racial division is extraordinary. The Farrakan led march brought together between 400,000 and 800,000 black males to pledge that they would take the kind of responsibility for their actions and their families that white Americans have long argued they should take. The O.J. Simpson trial was more a "who done it" than a racial morality play. …

Minority Protection In Residential Private Governments, Stewart E. Sterk

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The article explores the balance between majority rule and minority protections in community associations, drawing parallels with corporate governance to address conflicts and self-dealing issues. It argues that while market forces and self-interest often mitigate harmful majority actions, legal safeguards are necessary to protect minority interests, particularly when idiosyncratic value is at stake. The article advocates for express protections in governing documents and the use of supermajorities to limit association power, emphasizing that courts should invalidate redistributive actions without compensation.

Evidence For The Specific Status Of The Honduran Lizards Formerly Referred To Ctenosaura Palearis (Reptilia: Squamata: Iguanidae), Larry Buckley, Ralph Axtell

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Ctenosaura melanosterna, a new species of spiny-tailed iguana, is described from the Aguan Valley and the Cayos Cochinos in Honduras. Its closest phylogenetic affinities are with C. palearis from the Motagua Valley in Guatemala with which it has previously been considered conspecific. Previous work on relationships within Ctenosaura presented evidence of a clade consisting of C. palearis (including the species described herein), C. bakeri, and C. oedirhina (de Queiroz, 1987a, 1987b; Kohler, 1995c). Data presented here adds additional support for this clade. Alternative biogeographic scenarios are discussed, with the conclusion that the current range of these species of Ctenosaura in …

A Multibandwidth Probing Method For Tissue Scattering Microstructure Characterization, Navalgund Rao, Maria Helguera

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In medical ultrasound the normalized second intensity moments of the echo signal can depend on the imaging system resolution cell volume (axial and lateral resolution) in addiction to the scattering microstructure. The authors propose a multibandwidth probing technique in an attempt to separate the two. Theoretical relationships between second intensity moments, (scattering coefficients, scatterer spacing, and its randomness) and the system's cell volume are stablished. Experiments on water filled sponge structures with pore size varying from .5 mm to 2 mm and pig liver tissue are performed. The slope and intercept values from normalized second intensity moments versus (cell volume)-1 …

Psychophysical Evaluation Of Gamut Mapping Techniques Using Simple Rendered Images And Artificial Gamut Boundaries, Ethan Montag, Mark Fairchild

Articles

Using a paired comparison paradigm, various gamut mapping algorithms were evaluated using simple rendered images and artificial gamut boundaries. The test images consisted of simple rendered spheres floating in front of a gray background. Using CIELAB as our device-independent color space, cut-off values for lightness and chroma, based on the statistics of the images, were chosen to reduce the gamuts for the test images. The gamut mapping algorithms consisted of combinations of clipping and mapping the original gamut in linear piecewise segments. Complete color space compression in RGB and CIELAB was also tested. Each of the colored originals (R,G,B,C,M,Y, and …

Low Resistance Ohmic Contacts To P-Ge/Sub 1-X/C/Sub X/ On Si, Xiaoping Shao, Sean Rommel, B. Orner

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We report on ohmic contact measurements of Al, Au, and W metallizations to p-type epitaxial Ge0:9983C0:0017 grown on a (100) Si substrate by molecular beam epitaxy (MBE). Contacts were annealed at various temperatures, and values of specific contact resistance have been achieved which range from 10/super-5/ Ω cm2 to as low as 5:6 X 10/super-6/ Ω cm2. Theoretical calculations of the contact resistance of metals on Ge/sub1-x/C/x/ with small percentages of carbon, based on the thermionic field emission mechanism of conduction, result in good agreement with the experimental data. We conclude that Al and Au are suitable ohmic contacts to …

Is There Really A Super-Massive Black Hole In M87?, Alessandro Marconi, David Axon, Duccio Macchetto

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We present the first HST long-slit spectrum of a gaseous disk around a candidate super-massive black-hole. The results of this study on the kinematics of the gaseous disk in M87 are a considerable improvement in both spatial resolution and accuracy over previous observations and requires a projected mass of MBH(sin i)2 = (2.0 ± 0.5)×109M⊙ (MBH = 3.2×109M⊙ for a disk inclination i = 52◦) concentrated within a sphere whose radius is less than 0.′′05 (3.5 pc) to explain the observed rotation curve. The kinematics of the ionized gas is well described by a thin disk in keplerian motion. A …