Digital Commons Network^™

(Er)Race-Ing An Ethic Of Justice, Anthony V. Alfieri

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No abstract provided.

Prosecuting Race, Anthony V. Alfieri

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Theoreticians and practitioners in the American criminal justice system increasingly debate the role of racial identity, racialized narratives, and race-neutral representation in law, lawyering, and ethics.

This debate holds special bearing on the growing prosecution and defense of acts of racially motivated violence. In this continuing investigation of the prosecution and defense of such violence, Professor Alfieri examines the recent federal prosecution of five white New York City police officers charged with assaulting Abner Louima, a young male Haitian immigrant, in 1997. Professor Alfieri presents a race conscious, community-oriented model of prosecutorial discretion guided by constitutional precepts, citizenship ideals, professionalism …

Elder Law-Related Organizations On The Internet, Robin Schard

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No abstract provided.

Are Tax "Benefits" Constitutionally Equivalent To Direct Expenditures?, Edward A. Zelinsky

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In this Article, Professor Zelinsky discusses whether tax "benefits" are constitutionally equivalent to direct expenditures. He argues that, in constitutional contexts, the generic categories "tax" and "direct expenditure" are unhelpful and often misleading, in light of the diverse and overlapping nature of different tax laws and direct spending programs, the disparate perspectives from which equivalence can be assessed, and the variety of constitutional contexts in which the equivalence issue must be addressed. Professor Zelinsky thus calls for case-by-case determinations of equivalence considering particular constitutional contexts, the appropriate perspective in each of those contexts, and the specific tax and direct spending …

Luminescence Properties Of Thin Film Ta2 Zn3 O8 And Mn Doped Ta2 Zn3 O8, Philip D. Rack, Michael D. Potter, Santosh Kurinec, Wounjhang Park, John Penczek, Brent K. Wagner, Christopher J. Summers

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Blue luminescence from TaZZn30g and green luminescence from Mn doped TaZZn30g has been observed under low voltage cathodoluminescent excitation, In this article , the luminescence mechanisms of TaZZn30g and Mn doped TaZZn30 g are discussed in detail. The results suggest that the intrinsic blue luminescence of TaZZn30g results from a metal-to-ligand transition, whereas the green luminescence of Mn doped TaZZn30g results from the Mn 4T 1-6A I transition. The suppression of the blue intrinsic luminescence in Mn doped TaZZn30g suggests that efficient energy transfer from the host material to the Mn occurs. This energy transfer phenomenon is also discussed by …

Diversity Combining In Antenna Array Base Station Receiver For Ds/Cdma System, C. H. Gowda, V. Annampedu, R. Viswanathan

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We evaluate using simulation studies the performance of several schemes for combining base station antenna array signals in wireless direct sequence code-division multiple access (DS/CDMA). The results indicate that under certain assumptions, on multiple access interference statistics, the probability of error of modified rank test (MRT) is lower than that of equal gain combining (EGC), if a few high power interfering users are present along with a low power user of interest. If there are a moderately large number of users, and if the received power of all the users are nearly the same, then EGC out performs MRT. In …

Ascorbic Acid Retention In Shredded Iceberg Lettuce As Affected By Minimal Processing, Catherine Barry-Ryan, David O'Beirne

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The effects of slicing method, packaging atmosphere and storage temperature were determined on total ascorbic acid (TAA) content of modified atmosphere packaged shredded lettuce. TAA was extracted from the lettuce samples and levels were monitored using either titration with 2,6-dichlorophenolindophenol solution or an assay kit. Slicing affected (p < 0.05) ascorbic acid retention in the order manual tearing > manual slicing > machine slicing. Flushing with 100% nitrogen increased retention (~5%, p < 0.05) over packages with product modified atmospheres. Storage at 3°C increased retention (~20%, p < 0.05) compared with storage at 8°C. Scores for product appearance generally followed losses of TAA in the lettuce (p < 0.05).

The Religious Freedom Restoration Act Is Unconstitutional, Period, Marci A. Hamilton

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No abstract provided.

Speculating About The Next Administrative Conference: Connecting Public Management To The Legal Process, Paul R. Verkuil

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The article advocates for the establishment of a new initiative inspired by the legacy of the Administrative Conference of the United States (ACUS) to address the need for improved public management in the federal system. It proposes a reimagined organization that would bridge the gap between legal processes and management issues, fostering a unified approach to public management. The new initiative would build on the strengths of the ACUS, such as its ability to facilitate dialogue between public and private sectors, while overcoming its limitations, including a narrow focus on legal procedures. The article emphasizes the importance of connecting legal …

Multilongitudinal-Mode Dynamics In A Semiconductor Laser Subject To Optical Injection, J.K. White, Jerome Moloney, Athanasios Gavrielides

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Multilongitudinal-mode dynamics in a semiconductor laser subject to optical injection are investigated both experimentally and numerically. We found that there are parameter regimes for which the slave laser hops into an adjacent longitudinal mode as we vary the detuning of the optical frequencies between the master and slave laser. A traveling wave model is used to numerically investigate the mode hopping. Good qualitative agreement is found between the numerical computations and the experimental observations.

All Along The Watchtower: Economic Loss In Tort (The Idaho Case Law), Dale Goble

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No abstract provided.

Efficiency And Conspiracy: Conflicts Of Interest, Anti-Nepotism Rules, And Separation Strategies, Saul Levmore

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No abstract provided.

Professionalisms, Richard A. Posner

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No abstract provided.

Reply To Critics Of The Problematics Of Moral And Legal Theory, Richard A. Posner

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No abstract provided.

The New Chicago School: Myth Or Reality?, Lisa Bernstein, Richard A. Epstein, Eric A. Posner, Randal C. Picker

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No abstract provided.

Antiquated Procedures Or Bedrock Rights: A Response To Professors Meares And Kahan The Right To A Fair Trial, Albert Alschuler, Stephen J. Schulhofer

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No abstract provided.

Competition And Cooperation, Saul Levmore

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No abstract provided.

Living Dangerously: A Defense Of Mortal Peril, Richard A. Epstein

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As one of the most controversial writers of our time, just the name Richard Epstein draws immediate attention from all sectors of academia. But if the hallmark of great ideas is the criticism they engender, Professor Epstein's words and thoughts are powerful indeed. In Mortal Peril, Professor Epstein outlined a fundamental shift in thinking that he claimed needed to occur before any discussion of health care could take place. The final consensus of the validity of Professor Epstein's views may still be a matter for history to judge, but in many ways, he has already won; with the strength of …

Affirmative Action For The Next Millennium, Richard A. Epstein

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No abstract provided.

Affirmative Action, Caste, And Cultural Comparisons Correspondence, Cass R. Sunstein

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No abstract provided.

Against Cyberanarchy, Jack L. Goldsmith

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No abstract provided.

Federalism And The Family Reconstructed, Jill Elaine Hasday

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No abstract provided.

Comparative Advantage And The Normative Economics Of International Trade Policy, Alan O. Sykes

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No abstract provided.

Federalism And The Family Reconstructed, Jill Elaine Hasday

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No abstract provided.

At The End Of Palsgraf, There Is Chaos: An Assessment Of Proximate Cause In Light Of Chaos Theory, Edward S. Adams, Gordon B. Brumwell, James A. Glazier

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Palsgraf articulated the doctrine of proximate cause, necessary to prove the tort of negligence. Palsgraf needs to be reexamined in light of today's understanding of cause and effect. The case concerned a woman (Mrs. Palsgraf) standing on a train platform who was injured by a roof tile that fell as the result of the vibrations caused by the explosion of another passenger's package. Mrs. Palsgraf sued the railway for negligence and prevailed at the trial court level. The New York Court of Appeals reversed the trial court, however, holding that the railway company's actions were not the proximate cause of …

Law Firms On The Big Board?: A Proposal For Nonlawyer Investment In Law Firms, Edward S. Adams, John H. Matheson

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Every state has a rule proscribing nonlawyer investment in law firms. This sixty-plus-year-old prohibition has created an inefficient legal services market. Firms cannot access capital markets, limiting their opportunities for expansion, curtailing investments in technology and training, and hindering competition. Furthermore, every jurisdiction except the District of Columbia prohibits lawyers from entering into a business association with nonlawyers as partners or directors if the business provides legal services. These prohibitions against nonlawyer investment and participation in law firms have long hindered the legal profession with no signs of change. This Article advocates that these prohibitions be lifted. It discusses the …

Employee Beware: The Irreparable Damage Of The Inevitable Disclosure Doctrine, John H. Matheson

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For most of us, employment is our most significant consumer activity. People shop for employment just as they shop for goods and services. Generally, the at-will employment doctrine gives workers the freedom to leave one company for another whenever they determine that the alternative employer is offering the worker (a “consumer” of employment opportunities) a more attractive employment package or opportunity. Workers compare wage rates, benefits, skills required, and restrictions in determining which job package to “purchase” with their labor. As a society we also recognize employment as a consumer activity. Consumer protection laws regulate workplace safety and health conditions, …

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 …

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 …