Digital Commons Network^™

Privacy Versus Antidiscrimination, Lior Strahilevitz

Articles

No abstract provided.

Feminist Fundamentalism On The Frontier Between Government And Family Responsibility For Children, Mary Anne Case

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No abstract provided.

Federal Preemption, And Federal Common Law, In Nuisance Cases, Richard A. Epstein

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No abstract provided.

Other People's Money, Douglas G. Baird, M. Todd Henderson

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No abstract provided.

Property Rights, Public Use, And The Perfect Storm: An Essay In Honor Of Bernard H. Siegan, Richard A. Epstein

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No abstract provided.

Little Rock And The Legacy Of Brown, David A. Strauss

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No abstract provided.

Why The Modern Administrative State Is Inconsistent With The Rule Of Law, Richard A. Epstein

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No abstract provided.

Bounds Onsome Ramsey Numbers Involving Quadrilateral, Xiaodong Xu, Zehui Shao, Stanislaw Radziszowski

Articles

For graphs G_1,G_2,...,G_m the Ramsey number R(G_1,G_2,...,G_m) is defined to be the smallest integer n such that any m-coloring of the edges of the complete graph K_n must include a monochromatic G_i in color i, for some i. In this note we establish several lower and upper bounds for some Ramsey numbers involving quadrilateral C_4, including R(C_4,K_9) < = 32, 19 < = R(C_4,C_4,K_4) < = 22, 31 < = R(C_4,C_4,C_4,K_4) < = 50, 52 < = R(C_4,K_4,K_4) < = 72, 42 < = R(C_4,C_4,K_3,K_4) < = 76, and 87 < = (C_4,C_4,K_4,K_4) < = 179.

High Performance Zno Varistors Prepared From Nanocrystalline Precursors For Miniaturised Electronic Devices, Suresh Pillai, Declan Mccormack, John Kelly, Raghavendra Ramesh

Articles

An industrially viable solution-based processing route using minimal amounts of solvent has been used to prepare bulk quantity nanopowders (average particle size 15.3 nm) for the fabrication of ZnO varistors. The xerogels, calcined powders and sintered materials were fully characterised. The preparation of varistors from nanopowders has been optimised by studying the effect of temperature on grain growth, densification and breakdown voltage. The varistors are prepared by sintering at 1050 C for 2 hours, a temperature that is significantly lower than that used in the current industrial process. Highly dense varistor discs prepared from the sintered material produce devices, with …

Farmers, Fish, Tribal Power, And Poker: Reallocating Water In The Truckee River Basin, Nevada And California, Part Two, Barbara Cosens

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No abstract provided.

Rankings, Diversity, And Excellence: A European Policy Challenge?, Ellen Hazelkorn

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No abstract provided.

Dual-Frequency Dual-Sense Circularly-Polarized Slot Antenna Fed By Microstrip Line, Xiulong Bao, Max Ammann

Articles

A new design of a dual-frequency dual circularly-polarized slot antenna is presented. The dual-frequency is achieved using a single-layer microstrip-fed configuration coupled to a modified annular-slot antenna. The dual sense circular-polarization is obtained by four unequal linear slots which augment the annular slot. Experimental results show the proposed antenna has good circular polarization characteristics for both right-hand circular polarization (RHCP) and left-hand circular polarization (LHCP). The 10 dB return loss impedance bandwidths for the lower (RHCP) and higher (LHCP) bands are 26.7% and 11.3%, respectively. The 3 dB axial-ratio bandwidths are 6.1% and 6.0% with respect to 1.5 GHz (RHCP) …

Dead Hand Arguments And Constitutional Interpretation, Adam M. Samaha

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This Article attempts to reset the relationship between theories of constitutional authority and methods of constitutional interpretation. Several scholars assert that our reasons for respecting the United States Constitution as law-despite its imperfection and dead authors-strongly influence the proper method of interpretation for that text. The "why" of authority supposedly drives the "how" of interpretation. But this relationship can be better understood. To the extent an authority theory is distinguishable from interpretive method, it is true that the former will identify what counts as law to be interpreted. Beyond that, the asserted relationship fades. First, some authority theories actually depend …

The Concept Of International Delegation, Curtis A. Bradley, Judith G. Kelley

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No abstract provided.

State Innovation And Preemption: Lessons From State Climate Change Efforts, Alexandra B. Klass

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In cases involving both express and implied preemption, the Supreme Court and lower courts have applied a "presumption against preemption" to preserve state law in areas of "traditional state concern." In the decades since Congress first enacted major health, safety, and environmental legislation, federal agencies in the public health and environmental areas have created massive federal regulatory programs to fulfill Congressional directives. As a result of these agency developments, courts and scholars are forced to consider not only the original Congressional language relevant to preemption, but also subsequent actions taken by federal agencies to implement Congressional mandates to determine whether …

Teaching Contradiction: A Case Study, Michael Townsend

Articles

One of the most difficult realities confronting first-year law students is that American legal education is simultaneously theoretical and metatheoretical. At one moment students are at the "theoretical" level, by which I mean that they work "within" or "inside" the "black letter" in the context of various factual settings. In the next instant, students move to the "meta-theoretical" level, talking "about" the black letter from a number of "perspectives." That is, they slide between "learning law" and "learning about law." Many students find such transitions to be problematic, bewildering, and even stressful.

One response, for students and teachers alike, is …

Selling It First, Stealing It Later: The Trouble With Trademarks In Corporate Transactions In Bankruptcy, Xuan-Thao Nguyen

Articles

Why does AI get two bites of the “Apple” trademark? Should AI be allowed to grant the right to use the trademark “perpetual and exclusive” with the sale of the music division and steal it back for free, ten years later? This article is part of an ongoing and broader inquiry into the intersection of trademark, contract and bankruptcy laws. This article argues that recent bankruptcy decisional law, notably the In re Exide Technologies decision, misunderstands the “perpetual and exclusive” trademark transaction, deeming it as an ordinary “license” when it is truly an outright sale. This article explains that the …

The Dangers Of The Digital Millennium Copyright Act: Much Ado About Nothing?, Steve P. Calandrillo, Ewa A. Davison

Articles

In 1998, Congress passed the Digital Millennium Copyright Act (DMCA), a landmark piece of legislation aimed at protecting copyright holders from those who might manufacture or traffic technology capable of allowing users to evade piracy protections on the underlying work. At its core, the DMCA flatly prohibits the circumvention of “technological protection measures” in order to gain access to copyrighted works, but provides no safety valve for any traditionally protected uses.

While hailed as a victory by the software and entertainment industries, the academic and scientific communities ties have been far less enthusiastic. The DMCA’s goal of combating piracy is …

A "New Approach" To Standards And Consumer Protection, Jane Winn, Nicolas Jondet

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As consumer use of information and communication technology (ICT) products grows, the importance of ICT standards in consumer markets also grows. While standards for manufactured products were once developed at the national level in formal standards bodies, standards for ICT products today are more likely to be developed by informal standards bodies that target global markets, creating new challenges for national consumer protection laws.

As part of the process of creating a single market, the EU developed an innovative and successful form of “coregulation” known as the “New Approach” that coordinated the work of legislators and standards developers to reduce …

Fair Use And Copyright Overenforcement, Thomas F. Cotter

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Economic analysis has long suggested that there are two distinct categories of cases in which the fair use defense, which permits the unauthorized reproduction and other use of copyrighted materials, should apply: first, when the transaction cost of negotiating with the copyright owner for permission to use exceeds the private value of the use to the would-be user; and second, when the individual use is thought to generate some positive externality, such that the net social value of the use exceeds the value to the copyright owner of preventing the use, which in turn may exceed the value of the …

Investigation Of Optimal Heating And Cooling Systems In Residential Buildings, Angela L. Bolling, James A. Mathias

Articles

This article compares four heating and cooling systems. The systems are: a high efficiency furnace and electric air conditioner; a ground source heat pump; an absorption air conditioner and direct heating; and a thermally driven heat pump; the last two systems use solar thermal energy and backup non-renewable energy. A comprehensive program was developed that predicted the entire life cycle cost, energy usage, exergetic efficiency, and exergy destruction, of all four systems operating in the same home figuratively placed in the cities of Louisville, KY; Houston, TX; Minneapolis, MN; Sacramento, CA; and Phoenix, AZ. The results showed that the vertical …

Imperfect Tools: Google Scholar Vs. Traditional Commercial Library Databases, Julie Arendt

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No abstract provided.

Operationalizing Deterrence Claims Management (In Hopsitals, A Large Retailer, And Jails And Prisons), Margo Schlanger

Articles

The theory that the prospect of liability for damages deters risky behavior has been developed in countless articles and books. The literature is far sparser, however, on how deterrence is operationalized. And prior work slights an equally important effect of damage actions, to incentivize claims management in addition to harm-reduction responses that are cost- rather than liabilityminimizing. This article works in the intersection of these two understudied areas, focusing on claims management steps taken by frequently sued organizations, and opening a window into the black box of deterrence to see how those steps may end up serving harm-reduction purposes as …

Billowing White Goo, Jessica D. Litman

Articles

The title of this symposium is the question: "Fair Use: "Incredibly Shrinking" or Extraordinarily Expanding?" I'd argue that the answer to the question is "no." Fair use isn't doing either. The size of the fair use footprint has stayed remarkably constant over the past 30 or even 50 years. What has expanded, extraordinarily, is the size of rights granted by the copyright law. It may seem as if fair use is either expanding or shrinking, because the greater reach of copyright has made a bunch of uses potentially fair that weren't even potentially infringing 50 years ago. In order to …

A Cumulus Project: Design And Implementation, Lizhe Wang, Gregor Von Laszewski, Marcel Kunze

Articles

The Cloud computing becomes an innovative computing paradigm, which aims to provide reliable, customized and QoS guaranteed computing infrastructures for users. This paper presents our early experience of Cloud computing based on the Cumulus project for compute centers. In this paper, we introduce the Cumulus project with its various aspects, such as design pattern, infrastructure, and middleware.

A Highly Efficient Ag-Zno Photocatalyst: Synthesis, Properties, And Mechanism, Suresh Pillai, Michael Seery, Reenamole Georgekutty

Articles

Highly photocatalytically active silver-modified ZnO has been prepared and the effect of silver modification was studied. The structural and optical properties were characterized by X-ray diffraction, Fourier transform IR, differential scanning calorimetry, BET surface area, Raman, UV-vis, and photoluminescence spectroscopy. The photocatalytic activity of these materials was studied by analyzing the degradation of an organic dye, rhodamine 6G (R6G), and it is found that 3 mol % silver-modified ZnO at 400°C shows approximately four times higher rate of degradation than that of unmodified ZnO and a three times higher rate than that of commercial TiO 2 photocatalyst Degussa P-25. It …

Improved High-Temperature Stability And Sun-Light-Driven Photocatalytic Activity Of Sulfur-Doped Anatase Tio2, Suresh Pillai, Declan Mccormack, Pradeepan Periyat, John Colreavy, Steve Hinder

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No abstract provided.

Nearly-Hamiltonian Structure For Water Waves With Constant Vorticity, Adrian Constantin, Rossen Ivanov, Emil Prodanov

Articles

We show that the governing equations for two-dimensional gravity water waves with constant non-zero vorticity have a nearly-Hamiltonian structure, which becomes Hamiltonian for steady waves.

Damping Of Magnetorheological Elastomers, Lin Chen

Articles

The damping property of magnetorheological (MR) elastomers is characterized by a modified dynamic mechanical-magnetic coupled analyzer. The influences of the external magnetic flux density, damping of the matrix, content of iron particles, dynamic strain and driving frequency on the damping properties of MR elastomers were investigated experimentally. The experimental results indicate that the damping properties of MR elastomers greatly depend on the interfacial slipping between the inner particles and the matrix. Different from general composite materials, the interfacial slipping in MR elastomers is affected by the external applied magnetic field.

A Low Polarization Sensitivity All-Fiber Wavelength Measurement System, Ginu Rajan, Yuliya Semenova, Gerald Farrell, Qian Wang, Pengfei Wang

Articles

A low polarization-sensitive all-fiber wavelength measurement system using a twisted macro-bend fiber edge filter together with polarization-insensitive (PI) 3-dB coupler is presented. Eliminating the polarization-dependent loss (PDL) is essential when macro-bending single-mode fiber is utilized as an edge filter. A new bending configuration to eliminate the PDL of a fiber edge filter is proposed in this letter by twisting the fiber by 90deg between two bending sections with equal length. The PDL of this configuration retains a low value even while the bending length is increased to achieve a steeper response for the edge filter. This configuration together with a …