Digital Commons Network^™

Federalism: Executive Power In Wartime, Richard A. Epstein, Roger Pilon, Geoffrey R. Stone, John C. Yoo

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No abstract provided.

Uncapturing Law School Regulation, Saul Levmore

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No abstract provided.

Posner On Economic Loss In Tort: Evra Corp V. Swiss Bank, Thomas J. Miles

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No abstract provided.

Defanging Irbs: Replacing Coercion With Information, Richard A. Epstein

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No abstract provided.

Wealth Without Markets? (Reviewing Yochai Benkler, The Wealth Of Networks: How Social Production Transforms Markets And Freedom (2006)), Lior Strahilevitz

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No abstract provided.

Judge Richard Posner On Civil Liberties: Pragmatic Authoritarian Libertarian, Bernard E. Harcourt

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No abstract provided.

Science And Morality: Pragmatic Reflections On Rorty's 'Pragmatism', Brian Leiter

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No abstract provided.

Parental Leave And American Exceptionalism, Saul Levmore

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No abstract provided.

Using Off-Campus Student-Designed Experiments To Aid In Student Learning, George Sutherland

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In an upper level undergraduate elective course in vehicle dynamics, the author has developed some off-campus experimental-based assignments that involve the students (in pairs) designing the experiments and providing their own measuring tools and test vehicle to get results that they can compare with their calculated predictions. The students are free to design their own procedure or do some investigation and use an industry-standard approach. The students typically find that their experimental results vary considerably from their predictions. While this can be due to simple student implementation errors, it is typically a result of more complex issues. This leads to …

Silver Doped Titanium Dioxide Nanomaterials For Enhanced Visible Light Photocatalysis, Michael Seery, Reena George, Suresh Pillai, Patrick Floris

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This paper presents a systematic study on two different preparation methods for titanium dioxide with silver. The silver can be incorporated by irradiating the reaction mixture during preparation to reduce silver ion to silver metal or by direct calcination of the sol–gel material to decompose silver nitrate to silver. Of the two methods, we found the latter produces a more effective photocatalytic material (6–50% improvement in catalytic efficiency), which is attributed to the fact that the silver is homogeneously dispersed throughout the material. The efficiency of the materials were examined using a Q-Sun solar simulator (visible light) and in Dublin …

Subject Access Points In The Marc Record And Archival Finding Aid: Enough Or Too Many?, Elizabeth J. Cox, Leslie Czechowski

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In this research project the authors set out to discover the current practice in both the archival and cataloging worlds for usage of access points in descriptive records and to learn how archival descriptive practices fit into long-established library cataloging procedures and practices. A sample of archival finding aids and MARC records at 123 Association of Research Libraries (ARL) institutions were examined to determine if finding aids and catalog records had the same or similar number of access points. The research also provided additional data regarding description of archival materials in these libraries.

Polarisation Dependence Of Bend Loss For A Standard Singlemode Fiber, Qian Wang, Ginu Rajan, Pengfei Wang, Gerald Farrell

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Polarization dependence of bend loss caused by the polymer coating layer for a standard singlemode fiber (SMF28) is investigated theoretically and experimentally. Bend loss for SMF28 for both the TE and TM mode is calculated separately. Normalized polarization dependent loss is proposed for the characterization of the polarization sensitivity of bend loss for different bend radii. Corresponding experimental tests are presented, which agree with the theoretical results. Both the theoretical and experimental results show that the polymer coating layer has a significant influence on the polarization dependence of bend loss.

Faith In Community: Representing "Colored Town", Anthony V. Alfieri

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No abstract provided.

Investigation Of Macrobending Losses Of Standard Single Mode Fiber With Small Bend Radii, Pengfei Wang, Qiang Wu, Gerald Farrell, Ginu Rajan, Thomas Freir, John Cassidy

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An investigation of macrobending loss characteristics of a standard singlemode fiber (SMF28) for small bend radii is presented theoretically and experimentally, which includes the bend loss of the SMF28 with coating layers and the bare SMF28 after stripping the coating layers and chemical etching of partial cladding. The significant influence of reflection occurring at the interface between the cladding and coating layer or the cladding layer and air on the bend loss is investigated theoretically and experimentally.

Backlash's Travels, Cass R. Sunstein

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Sometimes the public greatly opposes the decisions of the Supreme Court; sometimes the Court seems to anticipate public backlash and even to respond to it when it occurs. Should a social planner want the Court to anticipate or to respond to backlash? No abstract answer is possible; the appropriate conclusion depends on assumptions about the capacities of courts and the capacities of those who engage in backlash. This point is demonstrated through an exploration of four imaginable worlds: Olympus, the Land of the Ancients, Lochnerland, and Athens. The four worlds are based on radically different assumptions about judicial and public …

What Good Is The Social Model Of Disability?, Adam M. Samaha

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A social model of disability relates a person's disadvantage to the combination of personal traits and social setting. The model appears to have had a profound impact on academics, politics, and law since the 1970s. Scholars have debated the model's force but its limitations are more severe than have been recognized. This Article claims that the model, like all social construction accounts, has essentially no policy implications. Its impact depends on normative commitments developed by some other logic, such as membership in the disability rights movement or adherence to versions of libertarian, utilitarian, or egalitarian theory that are triggered by …

Real Estate Practice In The Twenty-First Century, Ann Burkhart

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The next century will bring profound changes in real estate law and in the ways that it is practiced. This prediction may seem rather unremarkable for any area of law or for almost any other area of human endeavor. But the changes in real estate law will be exceptional because of their relative rapidity and comprehensiveness.

Taxing Consumption And Other Sins, James R. Hines Jr.

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Federal and state governments in the United States use income and payroll taxes as their primary tools to collect revenue. In the rest of the world, governments also use income and payroll taxes, but rely much more heavily than does the United States on taxing consumption. Consumption taxes take many forms, including general sales taxes, value-added taxes, and excise taxes on the consumption of specific items including gasoline, alcohol, tobacco products, firearms, air travel, telephone communication, and others. The U.S. government does not use a value-added tax, making the United States unique among high-income countries and a rarity in the …

Collateralizing Intellectual Property, Xuan-Thao Nguyen

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This Article identifies and critiques the collateralization of intellectual property, revealing the complexity of intersecting secured transaction law, namely Article 9 of the Uniform Commercial Code, and doctrinal intellectual property laws such as patent law, copyright law, and trademark law. The inquiry challenges the silence surrounding the pervasive use of intellectual property as collateral in secured financing and suggests changes to the existing framework on secured financing law.

The Article proceeds as follows: Part II discusses the normative intellectual property rights for patents, copyrights, and trademarks and how such rights are utilized as corporate assets. Part III describes different forms …

Rebuilding The Profession: Recommendations For Librarians Interested In Becoming Academic Law Library Directors, Barbara A. Bintliff, Laura N. Gasaway, Penny A. Hazelton, Frank G. Houdek, Janis L. Johnston, Martha Dragich Pearson, Charles Ten Brink, Michelle Wu

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Based on papers presented at a 2005 workshop for individuals interested in becoming academic law library directors, this article begins by exploring the duties of academic director jobs—administrative skills and faculty responsibilities—before examining how to build credentials in preparation for such jobs. It concludes by focusing on the skills and knowledge needed to interview for director jobs.

Using Stock And Stock Options To Minimize Patent Royalty Payment Risks After Medimmune V. Genentech, Sean M. O'Connor

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This Article proposes a more or less functional equivalent mechanism to a patent royalty stream through the use of stock and stock options in the licensee. The stock would coarsely track the overall fortunes of the licensee, while the options could be more finely tuned to vest and become exercisable upon events and milestones that would have been used for payments in a traditional license fee plus royalty stream licensing deal.

There may be problems of liquidity, of course, during the period where the licensee is still privately held and thus has no ready markets for its stock. But even …

A Burkean Perspective On Patent Eligibility, Thomas F. Cotter

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Developments in patent law over the past generation, as exemplified by the Patent Board of Appeals and Interferences' recent decision in Ex parte Lundgren, have all but done away with several venerable principles relating to patent eligibility - among them rules that all patentable inventions must pertain to the technological arts, that they may not read on mental steps, and that patentable processes must effect a physical transformation - in favor of an approach that asks only whether an invention has practical utility and is predictable in its effects. As a result, patentable subject matter now includes both the technological …

On The Most Wanted Folkman Graph, Stanislaw Radziszowski, Xu Xiaodong

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We discuss a branch of Ramsey theory concerning edge Folkman numbers. Fe(3; 3; 4) involves the smallest parameters for which the problem is open, posing the question \What is the smallest order N of a K4-free graph, for which any 2-coloring of its edges must contain at least one monochromatic triangle?" This is equivalent to finding the order N of the smallest K4-free graph which is not a union of two triangle-free graphs. It is known that 16 is less than or equal to N (an easy bound), and it is known through a probabilistic proof by Spencer that N …

The Word And The Law, James Boyd White

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In this Article I shall first give a brief account of Milner Ball's book, The Word and the Law, saying something about the interesting and important way in which it connects theology, literature, and law. I shall then give a little more content to what I say about this achievement by engaging in a kind of reading of two texts, one theological and one literary, connecting both to the law. I mean this reading simultaneously to be my own and to reflect something of what I have learned from Milner. Another way to put this is to say that …

Why Refugee Law Still Matters, James C. Hathaway

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I am concerned that the singular importance of international refugee law is profoundly misunderstood. My more specific worry is that erroneous and competing claims by governments and the refugee advocacy community about the structure and purpose of refugee law threaten its continuing ability to play a truly unique human rights role at a time when no meaningful alternative is in sight.

Branch Rickey, '11: Much More Than Pioneering Baseball Leader, Richard D. Friedman

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Branch Rickey is best known as the president and general manager of the Brooklyn Dodgers who brought Jackie Robinson into big league baseball in 1947, thus integrating a major American institution seven years before Brown v. Board of Education. Even apart from this heroic step, Rickey would probably be known as the most significant baseball executive ever, primarily for his work with the Dodgers and, earlier, the St. Louis Cardinals; the modern farm system and extensive spring training facilities are chief among his many innovations. Less well known is the fact that Rickey was a 1911 graduate of the University …

Intermodal Transportation Network Custom Evaluators For Environmental Policy Analysis, J. Scott Hawker, Aaron Falzarano, Sai Ketha

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We are leveraging the power of GIS-based transportation network analysis to provide tools for public policy analysts to understand the environmental impact trade-offs of intermodal transportation networks that integrate truck, rail, and inter-coastal waterway modes of transportation. We will describe the environmental policy analysis problem, the intermodal network model, and the creation of environmental network attributes and custom attribute evaluators. We will describe what drove our choice to use C# and the Microsoft .NET framework to design and develop evaluators that access external data from relational databases and that have their own evaluator configuration user interfaces. We will conclude with …

Development Of An Intermodal Network For Freight Transportation Analysis, Aaron Falzarano, Sai Ketha, J. Scott Hawker

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This paper describes a process for creating an intermodal freight transportation network within ArcGIS. In this process, ArcGIS Network Analyst is used to create an intermodal network and conduct optimal route analysis for various network attributes. In particular, the paper demonstrates how users can integrate highway, rail, waterway, and transit facility data from sources such as the National Transportation Atlas Database, as well as discusses existing database limitations to network analyses. We illustrate this network development using a case study that analyzes freight traffic along the U.S. Eastern Seaboard.

Regulatory Beneficiaries And Informal Agency Policymaking, Nina A. Mendelson

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Administrative agencies frequently use guidance documents to set policy broadly and prospectively in areas ranging from Department of Education Title IX enforcement to Food and Drug Administration regulation of direct-to-consumer pharmaceutical advertising. In form, these guidances often closely resemble the policies agencies issue in ordinary notice-and-comment rulemaking. However, guidances are generally developed with little public participation and are often immune from judicial review. Nonetheless, guidances can prompt significant changes in behavior from those the agencies regulate. A number of commentators have guardedly defended the current state of affairs. Though guidances lack some important procedural safeguards, they can help agencies supervise …

Francis A. Allen--The Gainesville Years, Jerold H. Israel

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If the legal academy had a Hall of Fame, Frank Allen would surely be a first ballot, unanimous selection.' His nominators need only recite the bare-bones record of his career-his publications, his public service, his years of accomplished teaching, and the many honors he received. That record is neatly capsulized in an obituary, published in the Gainesville Sun, largely written by Frank and June's son, Neil (Neil was also Franks's coauthor on Frank's last publication2). In a concise, precise fashion, reminiscent of Frank's own writings, the obituary not only describes Frank's many accomplishments, but also touches upon his character and …