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The (Cloudy) Future Of Class Actions, Edward H. Cooper Jan 1998

The (Cloudy) Future Of Class Actions, Edward H. Cooper

Articles

The past, both proximate and remote, is often consulted in attempts to predict the future. Of course extrapolation from past to future is at best an uncertain art. Extrapolation, however, is not the only problem. Lessons from the recent past are distorted by lack of perspective. Lessons from the distant past are distorted by distance. The first step is to choose which of the competing pasts to consult. Selfishly, I choose to consult the recent past, as it continues through the present and on into the near-term future, from the perspective of the Advisory Committee on the Federal Rules of …


How The Wagner Act Came To Be: A Prospectus, Theodore J. St. Antoine Jan 1998

How The Wagner Act Came To Be: A Prospectus, Theodore J. St. Antoine

Articles

The Wagner Act of 1935, the original National Labor Relations Act (NLRA), has been called "perhaps the most radical piece of legislation ever enacted by the United States Congress."' But Supreme Court interpretations supposedly frustrated the utopian aspirations for a radical restructuring of the workplace." Similarly, according to another commentator, unnecessary language in one of the Court's earliest NLRA cases "drastically undercut the new act's protection of the critical right to strike."'


Make-Believe: The Rules Excluding Evidence Of Character And Liability Insurance (Symposium: Truth And Its Rivals: Evidence Reform And The Goals Of Evidence Law), Samuel R. Gross Jan 1998

Make-Believe: The Rules Excluding Evidence Of Character And Liability Insurance (Symposium: Truth And Its Rivals: Evidence Reform And The Goals Of Evidence Law), Samuel R. Gross

Articles

Article IV of the Federal Rules of Evidence includes several rules that prohibit the use of specified types of information as evidence of particular propositions. Subsequent remedial measures are inadmissible to prove negligence (but admissible to show ownership, control, et cetera),' settlement offers are inadmissible to prove liability (but admissible to show bias or prejudice, or for other purposes),2 and so forth. Any exclusion of relevant evidence involves some distortion of reality in the sense that the picture presented to the trier of fact includes less information than the available total. That will be true whether the evidence is kept …


Strategies For Evaluating Software Usability, Ronan Fitzpatrick Jan 1998

Strategies For Evaluating Software Usability, Ronan Fitzpatrick

Articles

This paper presents a usage analysis and taxonomy of methods which are used to evaluate the usability of computer systems. To accommodate the analysis and taxonomy, a matrix of strategies which can be used for effective usability evaluation is presented. Such an analysis, taxonomy and strategies support human-computer interaction (HCI) professionals who have the responsibility for ensuring computer system usability. The strategies outlined are named Virtual Engineering, Soft Modelling, Hard Review and Real World. This paper also uses a composite set of existing popular generic evaluation methods which can be used as part of these strategies. The methods used are …


Upstream Patents = Downstream Bottlenecks, Rebecca S. Eisenberg, Michael A. Heller Jan 1998

Upstream Patents = Downstream Bottlenecks, Rebecca S. Eisenberg, Michael A. Heller

Articles

Thirty years ago in Science, Garrett Hardin introduced the metaphor "tragedy of the commons" to help explain overpopulation, air pollution, and species extinction. People often overuse resources they own in common because they have no incentive to conserve. Today, Hardin's metaphor is central to debates in economics, law, and science and powerful justification for privatizing commons property. While the metaphor highlights the cost of overuse when governments allow too many people to use a scarce resource, it misses the possibility of underuse when governments give too many people rights to exclude others. Privatization can solve one tragedy, but cause another.


We Could Pass A Law...What Might Happen If Contingent Legal Fees Were Banned, Samuel R. Gross Jan 1998

We Could Pass A Law...What Might Happen If Contingent Legal Fees Were Banned, Samuel R. Gross

Articles

This is an exercise in fantasy. My task is to imagine what would happen if we simply abolished the institution of the contingent fee by statute. I cannot justify that task on grounds of urgency. Contingent fees are not about to be abolished, and they probably.are not going to be seriously restricted. My hope is that the exercise will be amusing in itself, and that in the process we might learn something about contingent fees as we now use them.


Lost Lives: Miscarriages Of Justice In Capital Cases, Samuel R. Gross Jan 1998

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

Articles

One of the longstanding complaints against the death penalty is that it "distort[s] the course of the criminal law."' Capital prosecutions are expensive and complicated; they draw sensational attention from the press; they are litigated-before, during, and after trial-at greater length and depth than other felonies; they generate more intense emotions, for and against; they last longer and live in memory. There is no dispute about these effects, only about their significance. To opponents of the death penalty, they range from minor to severe faults; to proponents, from tolerable costs to major virtues. ntil recently, however, the conviction of innocent …


Built On Lies: Preliminary Reflections On Evidence Law As An Autopoetic System, Richard O. Lempert Jan 1998

Built On Lies: Preliminary Reflections On Evidence Law As An Autopoetic System, Richard O. Lempert

Articles

This Symposium on Truth and Its Rivals seems most concerned with what one might think of as the "output" side of evidence law that is, whether the rules of evidence enhance the likelihood that trial verdicts will capture the true state of the matter giving rise to the litigation. From this perspective, the legitimate rivals to truth are values that may justify decisions that eclipse the truth. The most obvious examples are rules of privilege, which allow probative information to remain concealed even where it is essential to accurate fact finding.


The Securities Litigation Uniform Standards Act Of 1998: The Sun Sets On California's Blue Sky Laws, David M. Lavine, Adam C. Pritchard Jan 1998

The Securities Litigation Uniform Standards Act Of 1998: The Sun Sets On California's Blue Sky Laws, David M. Lavine, Adam C. Pritchard

Articles

It is often said that California sets the pace for changes in America's tastes. Trends established in California often find their way into the heartland, having a profound effect on our nation's cultural scene. Nouvelle cuisine, the dialect of the Valley Girl and rollerblading all have their genesis on the West Coast. The most recent trend to emerge from California, instead of catching on in the rest of the country, has been stopped dead in its tracks by a legislative rebuke from Washington, D.C. California's latest, albeit short-lived, contribution to the nation was a migration of securities fraud class actions …


White Light Interferometric Surface Profiler, Vincent Toal, Brian Bowe Jan 1998

White Light Interferometric Surface Profiler, Vincent Toal, Brian Bowe

Articles

We describe an optical system for 3-D profilometry based on the white light interferometer. We detail a simple way to construct a profiler that uses two simple algorithms which deal efficiently and quickly with the data. The system has a theoretically unlimited range and can deal with rough and smooth surfaces


1998 Hugo L. Black Lecture: Ten Arguments Against Affirmative Action--How Valid Lecture, Richard Delgado Jan 1998

1998 Hugo L. Black Lecture: Ten Arguments Against Affirmative Action--How Valid Lecture, Richard Delgado

Articles

No abstract provided.


When Does Private Discrimination Justify Public Affirmative Action, Ian Ayres, Fredrick E. Vars Jan 1998

When Does Private Discrimination Justify Public Affirmative Action, Ian Ayres, Fredrick E. Vars

Articles

No abstract provided.


Understanding The "Public Interest" Justification For Government Actions, Paul R. Verkuil Jan 1998

Understanding The "Public Interest" Justification For Government Actions, Paul R. Verkuil

Articles

The article examines the concept of "public interest" as a justification for government actions, arguing that while the term has historically been a cornerstone of administrative law, its meaning has become increasingly ambiguous and subjective over time. The author traces the evolution of the public interest standard, from its origins in the New Deal era to its current use, and questions whether it can still serve as an objective standard for evaluating government behavior. The analysis highlights the tension between the public interest as a justification for government action and its susceptibility to political and bureaucratic influence.


Evaluation Of Implicit Numerical Methods For Building Energy Simulation, Michael Crowley, Saleem Hashmi Jan 1998

Evaluation Of Implicit Numerical Methods For Building Energy Simulation, Michael Crowley, Saleem Hashmi

Articles

The stability of numerical methods used for finite-difference thermal modelling of buildings is discussed. A known instability in a commonly used process is described and alternative numerical methods with suitable stability properties are identified. With a view to selecting the optimum numerical method, the building energy simulation problem is characterized mathematically and appropriate implicit solvers are compared on the basis of accuracy and computational effort using a building related test problem prepared for this purpose. A recently developed numerical method with the necessary strong stability is found to possess higher computational efficiency than methods frequently used in this application and …


Using Creativity To Fight A $60 Billion Consumer Problem—Counterfeit Goods, Xuan-Thao Nguyen, Maxim H. Waldbaum Jan 1998

Using Creativity To Fight A $60 Billion Consumer Problem—Counterfeit Goods, Xuan-Thao Nguyen, Maxim H. Waldbaum

Articles

For centuries, consumers have been willing to pay exorbitant prices for unique or premiumquality goods. Throughout the evolution of the "designer label" market, counterfeiters have lurked in the shadows of the economic landscape. Thus, the problem of counterfeit goods represents nothing new in the global economy.


Yearning For Lake Wobegon: The Quest For The Best Test At The Expense Of The Best Education, Lisa Kelly Jan 1998

Yearning For Lake Wobegon: The Quest For The Best Test At The Expense Of The Best Education, Lisa Kelly

Articles

This article first will outline the various tests or assessments. Next, recent federal and state mandates for standardized testing of elementary school children will be examined. Then, the educational literature will be reviewed to expose the dangers of testing, particularly in the early grades. Finally, I will urge that the Clinton administration, Congress, and the states step back from this manner of securing educational adequacy. These governmental policies are rooted in the stated intention of guaranteeing that all schools are doing right by all of the children. However, early testing fosters the opposite result-educational inequity through tracking, retention, and the …


The Investigation Of The Relaxation Process In Antiferroelectric Liquid Crystals By Electro-Optic Spectroscopy, Yuri Panarin, O. Kalinovskaya, J.K. Vij Jan 1998

The Investigation Of The Relaxation Process In Antiferroelectric Liquid Crystals By Electro-Optic Spectroscopy, Yuri Panarin, O. Kalinovskaya, J.K. Vij

Articles

Electrooptic spectroscopy of an antiferroelectric liquid crystal is carried out over a range of frequencies from 1 Hz to 100 kHz. In the antiferroelectric SmCA phase two relaxation processes are found, one at the fundamental frequency of a mode and the second at twice the frequency of a different mode. A comparison of the results of the electro-optic spectroscopy with a theoretical study of the motion of the director of an antiferroelectric helix subject to a weak alternating field enables a determination of the origin of the relaxation processes in antiferroelectric phases. © 1998 American Institute of Physics.


A Corba-Base Integration Of Distributed Electronic Healthcare Records Using The Synapses Approach, Jane Grimson, William Grimson, Damon Berry, Gaye Stephens, Eoghan Felton, Dipak Kalra, Pieter Toussaint, Onno Weir Jan 1998

A Corba-Base Integration Of Distributed Electronic Healthcare Records Using The Synapses Approach, Jane Grimson, William Grimson, Damon Berry, Gaye Stephens, Eoghan Felton, Dipak Kalra, Pieter Toussaint, Onno Weir

Articles

The ability to exchange in a meaningful, secure, and simple fashion relevant healthcare data about patients is seen as vital in the context of efficient and cost-effective shared or team-based care. The electronic healthcare record (EHCR) lies at the heart of this information exchange, and it follows that there is an urgent need to address the ability to share EHCR's or parts of records between carers and across distributed health information systems. This paper presents the Synapses approach to sharing based on a standardized shared record, the Federated Healthcare Record, which is implemented in an open and flexible manner using …


The Changing Nature Of Theory And Practice In Marketing: On The Value Of Synchrony, Aidan O'Driscoll, John Murray Jan 1998

The Changing Nature Of Theory And Practice In Marketing: On The Value Of Synchrony, Aidan O'Driscoll, John Murray

Articles

Any academic discipline with a closely associated area of professional endeavour is profoundly affected by the relationship between its theory and practice. Synchrony in theory and practice adds value to the management of enterprise and to the advance of the discipline. Mindful of this assertion, this article explores the changing nature of theory and practice in marketing. It examines current trends in marketing practice which are occurring as a result of change in markets, technology and organisations. It assesses the state of theory in six subfields of marketing. It also considers developments in closely related management disciplines as well as …


Sexual Dis-Orientation: Transgendered People And Same-Sex Marriage, Mary I. Coombs Jan 1998

Sexual Dis-Orientation: Transgendered People And Same-Sex Marriage, Mary I. Coombs

Articles

In this Article, Professor Coombs argues that the debate about same-sex marriage has wrongfully ignored transgendered people and their relationships. She provides an overview of arguments made by opponents of same-sex marriage, such as tradition, procreation, child-rearing, and family values. She then examines cases involving transsexual marriages and uses this analysis to deconstruct the same-sex marriage debate. Professor Coombs argues that an honest consideration of transgendered people and their relationships forces a re-evaluation of arguments against same-sex marriage and disrupts the gendered patriarchy on which traditional marriage rests. Marriage should be seen as a relationship between two people, regardless of …


Establishing Deliberative Democracy: Moving From Misery To Poverty With Dignity, Irwin P. Stotzky Jan 1998

Establishing Deliberative Democracy: Moving From Misery To Poverty With Dignity, Irwin P. Stotzky

Articles

No abstract provided.


"We're All Stuck Here For A While": Law And The Social Construction Of The Black Male, D. Marvin Jones Jan 1998

"We're All Stuck Here For A While": Law And The Social Construction Of The Black Male, D. Marvin Jones

Articles

No abstract provided.


Linear-Strip Photographs Using Cirkut And Hulcher Cameras, Andrew Davidhazy Dec 1997

Linear-Strip Photographs Using Cirkut And Hulcher Cameras, Andrew Davidhazy

Articles

This article describes the process by which cameras originally designed for use as rotating, 360 degree coverage, panoramic cameras can be used for applications such as photographing the full length of a passing train or the facades of all the buildings along a street.


Phase Jitter In Mpsk Carrier Tracking Loops: Analytical, Simulation And Laboratory Results, Brian T. Kopp, William P. Osborne Nov 1997

Phase Jitter In Mpsk Carrier Tracking Loops: Analytical, Simulation And Laboratory Results, Brian T. Kopp, William P. Osborne

Articles

A performance characteristic of M-ary phase shift keying (MPSK) receivers is the variance of the phase error between the received and recovered signal carriers. For binary phase shift keying (BPSK) and quadrature phase shift keying (QPSK) loops utilizing integrate and dump filters and operating in the linear region, closed-form solutions for this variance exist [1], [2]. In this paper the variance is found by numerical methods for M > 4. For verification and to investigate operation in the nonlinear region, computer simulation and hardware modeling were used [3].


Peripheral Imaging With Electronic Memory Unit, Andrew Davidhazy Nov 1997

Peripheral Imaging With Electronic Memory Unit, Andrew Davidhazy

Articles

Description of how a Colorado Video 593 peak store instrument is applied to making 360 degree roll-out images of the surface of cylindrical subjects.


The Original Constitution And Its Decline: A Public Choice Perspective, John O. Mcginnis Oct 1997

The Original Constitution And Its Decline: A Public Choice Perspective, John O. Mcginnis

Articles

Public choice offers an analysis of the Constitution that is broadly consonant with an important aspect of the Framers' own approach. The Framers' values were those largely of the Scottish enlightenment: they believed in progress of civilization-the accumulation of wealth and knowledge. In order to create a structure of society that would accomplish these ends, they relied on another Enlightenment axiom, namely that man is an object of natural science. By understanding the predictable manner in which individuals are likely to behave in given situations, the Framers could shape a constitution that would channel their behavior to meet their Enlightenment …


Schlieren Photography Principles, Andrew Davidhazy Jul 1997

Schlieren Photography Principles, Andrew Davidhazy

Articles

This text went along with a demo which you will have to imagine!||"Schlieren Photography Principles" was a handout provided by Andrew Davidhazy at "Optical Diagnostics and Imaging Metrology: Ultrahigh- and high-speed photography and image-based motion measurement." Proceedings of SPIE--International Society for Optical Engineering, Conference 3173A. Held in San Diego, California: 27 July - 1 August 1997 (30 July 1997). Describes the theory of Schlieren imaging for flow visualization.


The Top Ten Reasons Why Mediators Should Not Evaluate, Lela P. Love Jul 1997

The Top Ten Reasons Why Mediators Should Not Evaluate, Lela P. Love

Articles

The ten reasons outlined in this article demonstrate that a mediator’s giving advice, making assessments and stating opinions — particularly where the mediator presses parties to accept a particular opinion, outcome or assessment — are inconsistent with the role of a mediator.


Mediation: The Romantic Days Continue, Lela P. Love May 1997

Mediation: The Romantic Days Continue, Lela P. Love

Articles

No abstract provided.


Technological Change And Doctrinal Persistence: Telecommunications Reform In Congress And The Court, Monroe E. Price, John F. Duffy May 1997

Technological Change And Doctrinal Persistence: Telecommunications Reform In Congress And The Court, Monroe E. Price, John F. Duffy

Articles

In recent years, both the Supreme Court and the Congress have made much of the rapid pace of technological change within the telecommunications industry. In passing the Telecommunications Act of 1996, for example, Congressional leaders described these changes in almost millennial terms, predicting that "convergence" of communications technologies would beget a new regulatory world in which telecommunications technologies would no longer be regulated in a piece-mea4 media-specific fashion, but rather as part of a unified, coherent scheme. The Supreme Court, likewise, has portrayed changes in telecommunications technology as reason to move its First Amendment jurisprudence away from media-specific categories and …