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The Sense Of Justice And The Justice Of Sense: Native Hawaiian Sovereignty And The Second "Trial Of The Century", William H. Rodgers, Jr.

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My approach in this Essay is to look at the Native Hawaiian Sovereignty conflict through a lens suggested by evolutionary theory, sometimes described in the law schools as "Law and Biology." In this world, the sense of justice is a set of expectations about how others should behave, backed by a proclivity towards moralistic aggression against deviators.

The sense of justice entails both cognition and emotion, with a match of expectations and then the fit that follows if there is no fit.

Compare and despair is the name of the game. Explored in detail are the actions of Dennis "Bumpy" …

American Bar Association Section Of International Law And Practice Standing Committee On World Order Under Law Report To The House Of Delegates: International Monetary Fund And The World Bank Group, Michael A. Heller, H. Francis Shattuck Jr.

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The International Monetary Fund (IMF) and the World Bank Group are the subjects of this report. The report, with its accompanying recommendation, is one of several reports on selected United Nations specialized agencies and the International Atomic Energy Agency. The report has been developed by the Section of International Law and Practice, International Institutions Committee, through its Working Group on UN Specialized Agencies. This is a contribution to the 50th Anniversary of the United Nations in fulfillment of the American Bar Association's Goal VIII-to advance the rule of law in the world. The accompanying recommendation addresses issues of an enhanced …

Development Of A Novel Camera For Conical Panoramic Photography, Andrew Davidhazy

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Conical or circular strip scanning. This is a condensed version of the Conical Strip article listed above (and which was published in the IAPP newsletter in 1996) of how a strip camera with film revolving behind a slit-aperture was designed and used for novel panoramic images.

An Application Of Desktop Virtual Reality To The Hospitality Industry, Patrick Horan, Ciaran Mcdonnell

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This paper discusses research being carried out to produce real-time interactive Virtual Reality (VR) models of some areas of Tourism interest in Ireland. In particular, issues concerning the development of prototype VR models of an ancient Irish monastic village are described.

Theoretical Investigations Of Electro-Optical Synchonisation Of Self-Pulsating Laser Diodes, A. Egan, P. Rees, J. O'Gorman, M. Harley-Stead, Gerald Farrell, Joe Hegarty, P. Phelan

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The synchronisation mechanism of selfpulsating laser diodes is determined and it is shown how this results in a frequency-dependent phase difference between the electrical input and optical output. The time-to-lock of the electrical input to the optical output is examined, particularly with regard to the importance of the initial phase difference between the signals. The effect of synchronisation on timing jitter in self pulsating lasers is also investigated.

Theorists' Belief: A Comment On The Moral Tradition Of American Constitutionalism, Jospeh Vining

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The Moral Tradition of American Constitutionalism is one of those rare works that leads us to face, at the center of law and legal thought, the largest questions about human life and human purpose. There is a special reader's shudder, a certain gestural shift in the chair, reserved for that moment of realizing where one is being led-not to the edge, but to the center, so that the questions become insistent, and whatever we and others say and do in the face of them becomes our response to them.

Camera For Conical Peripheral And Panoramic Photography, Andrew Davidhazy

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This paper is a report on the development, operating principles and applications of a camera capable of making distortion free peripheral reproductions of conical objects. In addition, the parameters governing its use for the generation of conical panoramic photographs are also described. Examples of both types of applications are included. Suggestions for other applications are given. A brief review of the operating principles of standard peripheral, panoramic and linear type strip cameras is included in the introduction to the paper.

A Brief Defense Of Mass Market Software License Agreements, Robert W. Gomulkiewicz

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In the rapidly changing world of personal computer software, the end user license agreement ("EULA") has endured. The EULA is a familiar component of most personal computer software transactions. Many commentators, however, have maligned the practice of standard form software licensing. A survey of the literature on the subject might lead one to conclude that there are only critics--and no proponents--of EULAs.

Despite the din of criticism, EULAs continue to be widely usedby almost every mass-market software publisher, even though the cost of doing so is significant. This Article explains the value of EULAs for both software publishers and users, …

Public Research And Private Development: Patents And Technology Transfer In Government-Sponsored Research, Rebecca S. Eisenberg

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This article revisits the logical and empirical basis for current government patent policy in order to shed light on the competing interests at stake and to begin to assess how the system is operating in practice. Such an inquiry is justified in part by the significance of federally-sponsored research and development to the overall U.S. research effort. Although the share of national expenditures for research and development borne by the federal government has declined since 1980, federal funding in 1995 still accounted for approximately thirty-six percent of total national outlays for research and development' and nearly fifty-eight percent of outlays …

The Original Constitution And Our Origins, John O. Mcginnis

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The question why we should be bound by the original Constitution often is framed as why we should be guided by the dead hand of the past. The notion that this venerable document should be viewed as a possibly unfortunate constraint on our present potential as a society contains an implicit premise about man in history. According to this view, it is open to man to make his history in each generation through some collective cultural process. Given such a premise, it seems plausible to believe that each generation should enjoy the opportunity to decide anew whether to submit to …

The Once And Future Property-Based Vision Of The First Amendment, John O. Mcginnis

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The growth of the information superhighway depends not only on technological developments, but also on our society's commitment to the free flow of information. Paradoxically, however, as the digital revolution in telecommunications is bringing the information superhighway into sharp focus, the justifications for contemporary First Amendment jurisprudence are becoming blurred.

Personal Reflections On Adarand Construction Co. V. Pena Symposium: Has The Dream Of The 1960s Turned Into The Nightmare Of The 1990s, Steven H. Hobbs

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No abstract provided.

Structures Of Environmental Criminal Enforcement, Michael E. Herz

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No abstract provided.

Cardozo's Allegheny College Opinion: A Case Study In Law As An Art, Michael Townsend

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This Article consists of two related pieces. One piece considers interpretations of Cardozo's opinion in Allegheny College v. National Chautauqua County Bank. Cardozo commonly is placed among the greatest American judges, but his "analysis in Allegheny College is regularly criticized as contrived and artificial." This Article attempts to resuscitate the reputation of his analysis by placing the case in its historical and doctrinal context. The other piece continues the elaboration of a framework introduced in a previous article for thinking about law as a discipline. Central to this framework is a particular conception of the western intellectual tradition in …

Does A Cultural Barrier To Intellectual Property Trade Exist? The Japanese Example, Toshiko Takenaka

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What is the so-called "cultural barrier to intellectual property trade?" No definition for this phrase readily came to me when I began exploring the topic. Japanese intellectual property scholars and professionals strongly suspect that their U.S. counterparts, who find institutional or economic explanations for discrepancies between European and American business customs, nevertheless tend to attribute the differences between Japanese and American business practices to cultural differences. Three popular arguments offered to substantiate this "cultural barrier to intellectual property trade" theory are: (1) the application of the concepts of competition and monopoly to intangibles such as technology and ideas is foreign …

The Draft International Antitrust Code Proposed At Munich: Good Intentions Gone Awry, Daniel J. Gifford

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Because private exclusionary arrangements can potentially effectively neutralize the market-opening efforts undertaken by governments, they have long been the subject of international concern.1 Manifestations of this concern extend back to 1948 when delegates to the Havana Conference approved a set of provisions directed against cartels and restrictive business practices. Periodically, government officials and others have focused upon the question of whether restrictive agreements among private business firms may impede trade. As a host of international agreements have progressively eliminated or have placed limits on government-erected trade barriers, attention has increasingly focused upon privately-erected barriers, i.e., those resulting from cartel-like exclusionary …

Norms And Property In The Middle Kingdom, Glenn R. Butterton

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No abstract provided.

It Came From Planet Clipper: The Battle Over Cryptographic Key "Escrow", A. Michael Froomkin

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No abstract provided.

Not With A Bang But A Whimper: Broadcast License Renewal And The Telecommunications Act Of 1996, Lili Levi

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No abstract provided.

Sanctuary, Redlight Districts, And Washington, D.C.: Some Observations On Neuman's Anomalous Zones (Symposium: Surveying Law And Borders), William I. Miller

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The claim is often made that boundaries obviate disputes if they are clear. But boundaries are inseparable from disputes; they seem to invite them as much as obviate them. Note how natural the collocations "disputed boundary" and "boundary dispute" are. The conventional view that one hears a lot in law schools is that once a bright line is drawn then a boundary is "settled." But that supposes that a clear boundary need not be defended or continually justified or that internal changes in the entity it circumscribes and in some ways defines do not affect the integrity of the boundary. …

Chp And Energy Conservation, Jim Mcgovern

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The principles of the use of 'combined heat and power' (CHP) for the achievement of fuel energy conservation, minimisation of environmental impact and economic advantage are explained. A distinction is made between the two types of outputs: heat and work. It is argued that an efficiency value that is defined as the sum of the heat and work outputs divided by the energy of the fuel used is not very meaningful. An alternative, rational, efficiency is explained. It is concluded that CHP is an option to be considered where both heating and power are required, but is not a general …

Robustness Of Decentralized Tests With Ε-Contamination Prior, Chandrakanth H. Gowda, R. Viswanathan

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We consider a decentralized detection problem where the prior density is not completely known, but is assumed to belong to an ε-contamination class. The expressions for the infimum and the supremum of the posterior probability that the parameter under question is in a given region, as the prior varies over the ε-contamination class, are derived. Numerical results are obtained for a specific case of an exponentially distributed observation and an exponentially distributed nominal prior. Asymptotic (as number of sensors tends to a large value) results are also obtained. The results illustrate the degree of robustness achieved with quantized observations as …

Ultrasound Speckle Feature Extraction For Scattering Structure Characterization, Navalgund Rao, S. Venkatraman, Y. Zhang

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There has been a renewed interest in recent years aimed at understanding the relationship between the various different moments of the ultrasound echo signal and the scattering microstructure. This paper considers the variation of second normalized intensity moments with probe pulse bandwidth theoretically and experimentally. Slope and intercept on this graph are shown to be useful features for the microstructure characterization.

Tantalum Oxide Thin Films For Microelectronic Applications, Fang-Xing Jiang, Santosh Kurinec

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Over the last several years, tantalum pentoxide (Ta2O5) thin films have received much attention as chip integrated high permittivity, high breakdown strength dielectrics for storage capacitors for ULSI DRAMs. We have studied the properties of reactively sputtered films of Ta2O5 on silicon wafers. These films have been characterized for refractive index. X-ray diffraction studies on films annealed in oxygen ambient at 800°C show the films to crystallize into an orthorhombic phase with an increase in refractive index with respect to the bulk value. Various capacitor configurations such as MIM, MIS (on p-type and n-type Si substrates) have been fabricated to …

Dephased Index And Gain Coupling In Distributed Feedback Lasers, David Cardimona, Mohinder Sharma, Vassilios Kovanis

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In this paper, we study the reflection coefficient of a periodic Bragg reflecting structure in which there exists both an index-of-refraction grating as well as a gain grating. Most past studies have assumed that these two gratings were in phase with each other. In the present work we investigate the effects that arise when a phase shift is purposely introduced between the two gratings. We use a normal coupled-wave analysis to calculate the reflection coefficient as a function of the detuning away from the Bragg frequency when this grating phase difference is varied from 0 to 2π. We find particular …

The Silicon Valley Lawyer As Transaction Cost Engineer?, Lisa Bernstein

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No abstract provided.

Racial Quotas And The Jury, Albert W. Alschuler

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No abstract provided.

An Economic Analysis Of Mary Carter Settlement Agreements, Lisa Bernstein, Daniel Klerman

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No abstract provided.

Gomorrah To Ybarra And More: Overextraction And The Puzzle Of Immoderate Group Liability, Saul Levmore

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No abstract provided.

Establishment And Toleration In Edmund Burke's Constitution Of Freedom, Michael W. Mcconnell

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No abstract provided.