Digital Commons Network^™

Professionalism: Restoring The Flame, Donald L. Burnett Jr.

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No abstract provided.

Between Monster And Machine: Rethinking The Judicial Function, Lee Anne Fennell

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No abstract provided.

The Effects Of Deregulation On Competition: The Experience Of The United States, Richard A. Posner

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No abstract provided.

Controlling The Costs Of Alternative Medicine, Lior Strahilevitz

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No abstract provided.

Two Cheers For Cheerleading: The Noisy Integration Of Vmi And The Quiet Success Of Virginia Women In Leadership The Law Of Sex Discrimination, Mary Anne Case

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No abstract provided.

Cyberspace Versus Property Law, Frank H. Easterbrook

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No abstract provided.

Mine Disaster Threatens Spain's Donana National Park, Jerrold A. Long

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No abstract provided.

Doing Without Speed Limits, Cass R. Sunstein, Robert E. King

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No abstract provided.

The Dilemma Of Intellectual Property Piracy In China, Jennifer S. Fan

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This Article analyzes the effectiveness of China's intellectual property laws and the role they play in China's foreign trade and investment. It gives an overview of how intellectual property laws developed in China and explains why they have been inadequate, especially with respect to the protection of the interests of U.S. companies. It then illustrates why America's response to the piracy of intellectual property has been largely ineffective. The Article explains why China's strides in intellectual property law have fallen short of expectations and offers alternative methods of protecting intellectual property rights in China.

The New Wild West: Measuring And Proving Fame And Dilution Under The Federal Trademark Dilution Act, Xuan-Thao Nguyen

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The passage of the Federal Trademark Dilution Act of 1995 (the Dilution Act or Act) has been widely celebrated, as evidenced by the number of related articles, speeches and symposia. Commentators who applauded the adoption of the Dilution Act believed that a dilution claim would now be easier to prove by trademark owners against diluters because trademark owners would not have to establish the troublesome factual issue of consumer confusion. The courts have embraced the Act, and it has already proven to be an effective weapon for trademark owners. One court has even suggested trademark owners asserting claims of dilution …

West Virginia's Adoption Statute: A History Of A Work In Progress, Lisa Kelly

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More than two years have passed since the Legislature reformed West Virginia's adoption statute. The goal of this article is to provide a kind of legislative history to deepen the reader's understanding of the current statute. This history will include an explanation of the West Virginia Law Institute's Proposal, as well as the Legislature's reaction to it. In Part II, I will detail this history. In Part III, I will explain the operation of the current statute, with mention of the few recent adoption decisions that have construed various provisions. In Part IV, I will look at some of the …

Chain Gangs, Boogeymen And Other Real Prisons Of The Imagination, Lisa Kelly

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This narrative is a fictionalized account of real legal, historical, and interpersonal issues rooted in the social construction of race.

How Copyleft Uses License Rights To Succeed In The Open Source Software Revolution And The Implications For Article 2b, Robert W. Gomulkiewicz

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The computer industry moves from one “next great thing” to the next “next great thing” with amazing speed. Graphical user interface, object-oriented programming, client-server computing, multimedia software, Java applets, the network computer, and the Internet have all been hailed as technological breakthroughs at one time or another. Some of these promising developments fizzle, some evolve and succeed slowly, and some revolutionize the industry overnight.

Led by a group of software developers known as “hackers,” the latest “next great thing” is “open source” software. The word “source” refers to software in source code form. Source code is the collection of instructions …

Lost Lives: Miscarriages Of Justice In Capital Cases, Samuel R. Gross

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In case after case, erroneous conviction for capital murder has been proven. I contend that these are not disconnected accidents, but systematic consequences of the nature of homicice prosecution in the general and capital prosecution in particular - that in this respect, as in others, death distorts and undermines the course of the law.

A Right Of Access To Court Under The Petition Clause Of The First Amendment: Defining The Right, Carol Rice Andrews

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No abstract provided.

The Midas Touch: The Lethal Effect Of Wealth Maximization, Jeanne L. Schroeder

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The article critically examines the concept of wealth maximization in law and economics, arguing that it is fundamentally flawed due to its inability to account for the distinction between exchange value and use value. Wealth maximization, rooted in the masculine regime of possession and exchange, represses the feminine act of enjoyment, leading to a paradox where achieving its goal would result in the collapse of the market system. The analysis draws on Lacanian theory to explore the sexual impasse underlying this paradox, suggesting that the pursuit of wealth without consideration for enjoyment is self-destructive and unsustainable.

In Praise Of The Efficiency Of Decentralized Traditions And Their Preconditions, John O. Mcginnis

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No abstract provided.

Judicial Review, Michael Herz

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No abstract provided.

The Appearance Of Ferrielectric Phases In Confined Liquid Crystal Studied By Photon Correlation Spectroscopy, Yuri Panarin, Fouad M. Aliev, Charles Rosenblatt

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The influence of confinement on the dynamic properties and appearance of ferrielectric phases has been investigated by dynamic light scattering, performed in the bulk AFLC as well as confined in 200 8, and 2000 8, cylindrical pores. The analysis of the experimental results shows that the ferrielectric phases are not formed in 200 A pores, while they appear in 2000 8, pores as well as in bulk.

What Law Librarians Collect, Frank Houdek, Penny A. Hazelton

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Law librarians describe their personal collections—what they collect for fun, not for their libraries.

Penny Hazelton's contribution, Postage Stamps, begins on page 601.

The Most Creative Moments In The History Of Environmental Law: "The Who's", William H. Rodgers, Jr.

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My definition of creativity in environmental law is any legal initiative that advances the subject with new levels of analysis, structure, or institutional bridges. There are two requirements: improvement on function and novelty. Law is better if it increases the prospect of protecting the natural world or its inhabitants. Law is novel if it combines mandate, process, or structure in unusual ways.

There are reasons to suspect that environmental law as a field may be more creative than other legal subjects such as trust and estates, contracts, property, or tax law. One reason, as Oliver Houck has said, is that …

What A Salmon Czar Might Hope For, William H. Rodgers, Jr.

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There is a windowof opportunity in the wave of Endangered Species Act salmon listings that has descended on the Pacific Northwest in 1998 and 1999. Federal law links listings to the "inadequacy of existing regulatory mechanisms." Experience in Oregon has shown that EPA listings cannot be avoided by "voluntary or future conservation efforts."

Meaningful state law that will deter federal overrides must be "current" and "enforceable." With salmon stocks plummeting and with "inadequate" regulation prominently confirmed, what would the naive observer expect from a Washington State legislature intent upon saving the salmon and protecting its authority? A spate of stunning …

Investigation Of The Thickness Mode In Surface Stabilized Ferroelectric Liquid Crystal Cells, O.E. Kalinovskaya, J.K. Vij, Yu. V. Tretyakov, Yuri Panarin, Yu. P. Kalmykov

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Dielectric properties of surface stabilized ferroelectric liquid crystal (SSFLC) cells have been investigated both experimentally and theoretically. The thickness mode is found to consist of two relaxation processes. A decomposition of an analytical solution of the complex dielectric permittivitye(v) in terms ofthese processesis given. Theexperimental results showagreement with theory and lead to the conclusion that the thickness mode can be separated into two processes. It has been found that the ratio of the dielectric strengths for the two processes depends on the cell thickness, and that the ratio of their frequencies is approximately equal to 10. The lower frequency process …

The Dynamic Properties Of 5cb Filled With Aerosil Particles Investigated By Pcs, F.M. Aliev, M. Kreuzer, Yuri Panarin

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Nematic liquid crystal filled with Aerosil particles, a prospective composite material for optoelectronic application, has been investigated by static light scattering and Photon Correlation Spectroscopy (PCS). The Aerosil particles in filled nematic liquid crystals (FN) form a network structure with LC domains about 2500 Å in size with a random distribution of the director orientation of each domain. We found that the properties of 5CB are considerably affected by the network. The N-I phase transition in filled 5CB was found to be smeared out and depressed. PCS experiments show that two new relaxation processes appear in filled 5CB in addition …

The Dynamic Properties Of Confined Antiferroelectric Liquid Crystal Investigated By Photon Correlation Spectroscopy, Yuri Panarin, C. Rosenblatr, F.M. Aliev

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Dynamic light scattering was used to examine ferrielectric liquid crystalline phases in porous media. Whereas in larger pores (200 Å) ferrielectric phases were observed, they were not found in the smallest pores (200 Å). Additionally, the temperatures of SmC - SmA phase transition were found to be suppressed in the pores relative to bulk, while SmCA - SmCγ phase transition is not affected by the confinement. These observations have been explained by the structural aspects of antiferroelectric liquid crystalline materials in a confined geometry and show the importance of long range electrostatic interaction for existence of ferrielectric phases.

Useful Arts In The Information Age, Alan L. Durham

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No abstract provided.

Rethinking Unthinkable Punishment Policies In America, Michael Tonry

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No abstract provided.

Of Governments And Governance, A. Michael Froomkin

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The Magaziner Report focuses on achieving short-term goals without giving sufficient consideration to long-term consequences affecting the structure of Internet governance and democracy in general. This overly pragmatic approach creates a paradoxical climate: overly-friendly to government intervention (in e-commerce regulation) while also overly willing to defer to privatized governance structures (in other areas). As the recent World Intellectual Property Organization ("WIPO") domain name/trademark process demonstrates, certain Internet governance processes raise several questions, not least discerning whether such processes include adequate notice and consultation. More traditional democratic processes, such as legislation and regulation, have routinized means of giving affected parties notice …

Finding Internet Sites On Elder Issues: Health And Human Services, Robin Schard

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No abstract provided.

Search Tools: Skills And Strategies, Robin Schard

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No abstract provided.