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The Original Constitution And Our Origins, John O. Mcginnis Jan 1996

The Original Constitution And Our Origins, John O. Mcginnis

Articles

The question why we should be bound by the original Constitution often is framed as why we should be guided by the dead hand of the past. The notion that this venerable document should be viewed as a possibly unfortunate constraint on our present potential as a society contains an implicit premise about man in history. According to this view, it is open to man to make his history in each generation through some collective cultural process. Given such a premise, it seems plausible to believe that each generation should enjoy the opportunity to decide anew whether to submit to …


The Once And Future Property-Based Vision Of The First Amendment, John O. Mcginnis Jan 1996

The Once And Future Property-Based Vision Of The First Amendment, John O. Mcginnis

Articles

The growth of the information superhighway depends not only on technological developments, but also on our society's commitment to the free flow of information. Paradoxically, however, as the digital revolution in telecommunications is bringing the information superhighway into sharp focus, the justifications for contemporary First Amendment jurisprudence are becoming blurred.


Contingency Fee Abuses, Ethical Mandates, And The Disciplinary System: The Case Against Case-By-Case Enforcement, Lester Brickman Jan 1996

Contingency Fee Abuses, Ethical Mandates, And The Disciplinary System: The Case Against Case-By-Case Enforcement, Lester Brickman

Articles

Contingency fee abuses are attracting increased public attention. Particular interest is focused on the enormous contingency fees generated by mass tort litigation; in some cases, lawyers are collecting multi-million dollar fees essentially for performing paralegal work. In addition, the relationship between the availability of enormous contingency fees and the amassing of thousands of claims of injury in order to dramatically shift the litigation dynamic in favor of plaintiffs is becoming increasingly apparent. For example, the possibility that major ongoing massive litigations, such as those involving silicone breast implants and the as yet nascent litigation involving the contraceptive Norplant, have much …


The New Ethiopian Constitution: Its Impact Upon Unity, Human Rights And Development, Minasse Haile Jan 1996

The New Ethiopian Constitution: Its Impact Upon Unity, Human Rights And Development, Minasse Haile

Articles

The 1994 Ethiopian Constitution, while intended to address historical injustices, has exacerbated tribalism, human rights violations, and poverty by establishing a flawed federal system based on ethnic affiliation. The Constitution grants excessive autonomy to ethnic-based states, undermining national unity and central authority. Its lack of enforceable limitations on government power, absence of judicial review, and emphasis on secession have created a system prone to instability and human rights abuses. The article argues that the Constitution's structure, inspired by defunct Soviet models, is ill-suited to Ethiopia's needs, threatening its democracy, development, and cohesion.


New Technologies And Changing Work Practices In The Media Industry: The Case Of Ireland, Ellen Hazelkorn Jan 1996

New Technologies And Changing Work Practices In The Media Industry: The Case Of Ireland, Ellen Hazelkorn

Articles

No abstract provided.


Testing Colour-Appearance Models: Guidelines For Coordinated Research, Mark Fairchild Aug 1995

Testing Colour-Appearance Models: Guidelines For Coordinated Research, Mark Fairchild

Articles

These guidelines provide an overview of the many issues involved in generating visual data that can be used to evaluate the performance of colour-appearance models. the three main sections of these guidelines outline the parameters that must be evaluated and controlled in experimental setups for colour-appearance experiments, suggested psychophysical techniques for gathering the data, and some suggested techniques for data analysis. Experimental parameters addressed include models to be tested, illumination conditions, background and surround conditions, types of stimuli to be used, and issues relating to viewing technique. the psychophysical techniques of magnitude estimation, matching, and direct model testing (paired comparison) …


If Everything Is Adhd Then...Teachers' Confusion Of Adhd With Other Disorders, M. Ortolani, Morton Isaacs, Virginia Costenbader Apr 1995

If Everything Is Adhd Then...Teachers' Confusion Of Adhd With Other Disorders, M. Ortolani, Morton Isaacs, Virginia Costenbader

Articles

The ability of Special Education teachers (SET) and Regular Education teachers (RET) to accurately identify and distinguish the characteristics of Attention Deficit Hyperactivity Disorder (ADHD) from those of other childhood behavior disorders was examined. Both SET and RET teachers were able to identify a majority of ADHD characteristics ; however, both groups were poor in differentiating ADHD characteristics from those of other disorders, with SET showing more incorrect assignment of problem behavior than RET (p<.01). Neither pre-service nor in-service training correlated significantly with the ability to accurately identify ADHD characteristics. The general lack of skill in the discrimination of ADHD from other behavior problems by both SET and RET teachers strongly suggests the need for better pre-service or in-service training.


Law As Discourse: Bridging The Gap Between Democracy And Rights, Michel Rosenfeld Mar 1995

Law As Discourse: Bridging The Gap Between Democracy And Rights, Michel Rosenfeld

Articles

No abstract provided.


Understanding Changed Readings: Fidelity And Theory, Lawrence Lessig Feb 1995

Understanding Changed Readings: Fidelity And Theory, Lawrence Lessig

Articles

In this article, Professor Lessig proposes a theory to explain how new readings of the Constitution may maintain fidelity with past understandings of the document's meaning and purpose. After defining schematically some terminology for this exercise in "fidelity theory," the author proposes a general typology of four justifications for changed constitutional readings: amendment, synthesis, fact translation, and structural translation. Describing this last justification as so far overlooked, he illustrates, by way of four historical case studies, how structural translation results from a pragmatic institutional response by judges to subtle changes in interpretive context-changes both in what Professor Lessig calls the …


A Simple Proof Of A Remarkable Continued Fraction Identity, Peter Anderson, Thomas Brown, Peter Shiue Jan 1995

A Simple Proof Of A Remarkable Continued Fraction Identity, Peter Anderson, Thomas Brown, Peter Shiue

Articles

We give a simple proof of a generalization of the equality [see article] where t=(1+sqrt(5))/2 and the exponents of the partial quotients are the Fibonacci numbers, and some closely related results.


Ultrasound Speckle Feature Extraction For Scattering Structure Characterization, Navalgund Rao, S. Venkatraman, Y. Zhang Jan 1995

Ultrasound Speckle Feature Extraction For Scattering Structure Characterization, Navalgund Rao, S. Venkatraman, Y. Zhang

Articles

There has been a renewed interest in recent years aimed at understanding the relationship between the various different moments of the ultrasound echo signal and the scattering microstructure. This paper considers the variation of second normalized intensity moments with probe pulse bandwidth theoretically and experimentally. Slope and intercept on this graph are shown to be useful features for the microstructure characterization.


Tantalum Oxide Thin Films For Microelectronic Applications, Fang-Xing Jiang, Santosh Kurinec Jan 1995

Tantalum Oxide Thin Films For Microelectronic Applications, Fang-Xing Jiang, Santosh Kurinec

Articles

Over the last several years, tantalum pentoxide (Ta2O5) thin films have received much attention as chip integrated high permittivity, high breakdown strength dielectrics for storage capacitors for ULSI DRAMs. We have studied the properties of reactively sputtered films of Ta2O5 on silicon wafers. These films have been characterized for refractive index. X-ray diffraction studies on films annealed in oxygen ambient at 800°C show the films to crystallize into an orthorhombic phase with an increase in refractive index with respect to the bulk value. Various capacitor configurations such as MIM, MIS (on p-type and n-type Si substrates) have been fabricated to …


Dephased Index And Gain Coupling In Distributed Feedback Lasers, David Cardimona, Mohinder Sharma, Vassilios Kovanis Jan 1995

Dephased Index And Gain Coupling In Distributed Feedback Lasers, David Cardimona, Mohinder Sharma, Vassilios Kovanis

Articles

In this paper, we study the reflection coefficient of a periodic Bragg reflecting structure in which there exists both an index-of-refraction grating as well as a gain grating. Most past studies have assumed that these two gratings were in phase with each other. In the present work we investigate the effects that arise when a phase shift is purposely introduced between the two gratings. We use a normal coupled-wave analysis to calculate the reflection coefficient as a function of the detuning away from the Bragg frequency when this grating phase difference is varied from 0 to 2π. We find particular …


Estimating The Impacts Of Restrictions On Utility Participation In The So2 Allowance Market, James Winebrake, Mark Bernstein, Alex E. Farrell Jan 1995

Estimating The Impacts Of Restrictions On Utility Participation In The So2 Allowance Market, James Winebrake, Mark Bernstein, Alex E. Farrell

Articles

There can be both direct and indirect restrictions on utility participation in the Clean Air Act S02 allowance-trading market. Using a dynamic, linear programming model to estimate the economic impacts of these restrictions, indications are that the restrictions are quite costly, and that any constraints on the free operation of an allowance market will increase the total costs of compliance.


Techniques For Digital Image Capture Of Watermarks, D. Stewart, Robert Scharf, Jonathan Arney Jan 1995

Techniques For Digital Image Capture Of Watermarks, D. Stewart, Robert Scharf, Jonathan Arney

Articles

No abstract provided.


Unpopular Cultures: The Birth Of Law And Popular Culture. Steve Redhead. Manchester University Press, 1995 (Book Review), Robert Eli Rosen Jan 1995

Unpopular Cultures: The Birth Of Law And Popular Culture. Steve Redhead. Manchester University Press, 1995 (Book Review), Robert Eli Rosen

Articles

No abstract provided.


Rights And Their Critics Propter Honoris Respectum, Cass R. Sunstein Jan 1995

Rights And Their Critics Propter Honoris Respectum, Cass R. Sunstein

Articles

No abstract provided.


What The Civil Rights Movement Was And Wasn't, Cass R. Sunstein Jan 1995

What The Civil Rights Movement Was And Wasn't, Cass R. Sunstein

Articles

In this David C. Baum Memorial Lecture on Civil Liberties and Civil Rights, Professor Sunstein begins by noting that participants in the civil rights movement were often backward looking and even conservative, invoking commitments from the nation's past and arguing against reliance on the judiciary and the Supreme Court. They stressed above all two time-honored liberal principles: freedom from desperate conditions and opposition to caste. It is wrong to say (as many now do) that the movement was founded on a principle of race neutrality, and also wrong to say (as some now do) that the movement was opposed to …


The Path Of Cyberlaw, Lawrence Lessig Jan 1995

The Path Of Cyberlaw, Lawrence Lessig

Articles

No abstract provided.


Eighteenth Century Presidency In A Twenty-First Century World, An, Cass R. Sunstein Jan 1995

Eighteenth Century Presidency In A Twenty-First Century World, An, Cass R. Sunstein

Articles

No abstract provided.


Between Russia And China: Political Reform In Mongolia, Tom Ginsburg Jan 1995

Between Russia And China: Political Reform In Mongolia, Tom Ginsburg

Articles

No abstract provided.


The Future Of The Student-Edited Law Review, Richard A. Posner Jan 1995

The Future Of The Student-Edited Law Review, Richard A. Posner

Articles

No abstract provided.


Imagery And Adjudication In The Criminal Law: The Relationship Between Images Of Criminal Defendants And Ideologies Of Criminal Law In Southern Antebellum And Modern Appellate Decisions, Bernard E. Harcourt Jan 1995

Imagery And Adjudication In The Criminal Law: The Relationship Between Images Of Criminal Defendants And Ideologies Of Criminal Law In Southern Antebellum And Modern Appellate Decisions, Bernard E. Harcourt

Articles

No abstract provided.


Law And The H-Bomb: Strengthening The Nonproliferation Regime To Impede Advanced Proliferation, Richard L. Williamson Jr. Jan 1995

Law And The H-Bomb: Strengthening The Nonproliferation Regime To Impede Advanced Proliferation, Richard L. Williamson Jr.

Articles

No abstract provided.


The Metaphor Is The Key: Cryptography, The Clipper Chip, And The Constitution, A. Michael Froomkin Jan 1995

The Metaphor Is The Key: Cryptography, The Clipper Chip, And The Constitution, A. Michael Froomkin

Articles

No abstract provided.


Free Speech And Democracy Proceedings: Keynote Address, Cass R. Sunstein Jan 1995

Free Speech And Democracy Proceedings: Keynote Address, Cass R. Sunstein

Articles

No abstract provided.


Confirmation Messes, Old And New (Reviewing Stephen L. Carter, The Confirmation Mess (1994)), Elena Kagan Jan 1995

Confirmation Messes, Old And New (Reviewing Stephen L. Carter, The Confirmation Mess (1994)), Elena Kagan

Articles

No abstract provided.


Strategic Approaches To Crime Prevention, Michael Tonry, David P. Farrington Jan 1995

Strategic Approaches To Crime Prevention, Michael Tonry, David P. Farrington

Articles

No abstract provided.


Violent Youth And Public Policy: A Case Study Of Juvenile Justice Law Reform, Barry C. Feld Jan 1995

Violent Youth And Public Policy: A Case Study Of Juvenile Justice Law Reform, Barry C. Feld

Articles

The purpose of this article by Feld was to examine the work of Minnesota's Juvenile Justice Task Force of 1994 in light of policy, case law, and prior task force recommendations. The author, a member and co-chair of the Task Force, analyzed revisions in the Minnesota juvenile justice adjudicatory system as it converged juvenile and criminal court adjudication procedures and philosophy. Ultimately, the recommendations of the Task Force were presented and accepted by the Minnesota legislature, and subsequently included Minnesota's 1994 Juvenile Crime Bill.


State Sentencing Guidelines: Still Going Strong, Richard Frase Jan 1995

State Sentencing Guidelines: Still Going Strong, Richard Frase

Articles

No abstract provided.