Digital Commons Network^™

Normative Judgment, Social Change, And Legal Reasoning In The Context Of Abortion And Privacy, Stephen J. Schnably

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No abstract provided.

Analysis Of Two-Way Tables Of Data Using Median Polish, David L. Farnsworth, Patricia M. Burgess

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The fitting procedure of median polish is explained and explored, especially with respect to outliers.

Performance Comparison Of Likelihood, Hard-Limited, And Linear Combining Receivers For Fh-Mfsk Mobile Radio--Base-To-Mobile Transmission, R. Viswanathan, S. C. Gupta

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The performances of three receivers, namely, the hard-limited, the linear, and the maximum-likelihood combiners for the detection of frequency-hopped multilevel frequency-shift keyed signals transmitted from mobiles to base have been reported earlier [11]. Only the hard-limited combiner has been analyzed with respect to base-to-mobile link [1]. Here, we give new results on the performance of the likelihood and the linear combining receivers operating at the mobiles. Whereas it is possible to find exactly the union bound on the probability of hit error for a linear combiner, for a likelihood receiver, bounding and approximation techniques such as simple Chernoff bound and …

Adjacent Cell Interference In Fh-Mfsk Cellular Mobile Radio System, R. Viswanathan, Someshwar C. Gupta

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The effect of adjacent cell interference in cellular mobile system using FH-MFSK transmission is evaluated quantitatively. The performance of base to mobile communication in the system is analyzed, assuming perfect synchronization between users in all the cells. Analysis of the system employing no power control shows that the number of simultaneous users possible at average bit error probability P_b of less than 1 × 10^-3 is reduced greatly from the corresponding figure for the isolated cell (which is about 170). It is then shown that a simple power control strategy could reduce the adjacent cell interference significantly. A …

A Heat Pump Assisted Shower, Jim Mcgovern

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An energy-efficient water-heating system for a shower is proposed consisting of a low-powered heat pump, a storage tank and an instantaneous heater which, it is felt, may yield a favourable overall cost, in addition to reducing the primary energy consumption. Some preliminary work has been carried out in exploring this concept. It was considered at the outset that an overall coefficient of performance (COP) of 2 should be readily achieved. Values close to this have been realised with the first experimental prototype.

Implementing The Criminal Defendant's Right To Trial: Alternatives To The Plea Bargaining System, Albert W. Alschuler

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No abstract provided.

Will The Federal Courts Of Appeals Survive Until 1984?: An Essay On Delegation And Specialization Of The Judicial Function, Richard A. Posner

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No abstract provided.

Hail To The Chief: Earl Warren And The Supreme Court, Dennis J. Hutchinson

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No abstract provided.

Litigation Abuse And The Law Schools, John W. Reed

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At the Ninth Circuit Judicial Conference in July, 1983, one session was devoted to a discussion of "Excessive Discovery: A Symptom of Litigation Abuse." (Without knowing, I would guess that a similar title appeared on just about every judicial conference program this year-and last year, and the one before that.) Frank Rothman, President of MGM/United Artists, addressed the subject from the point of view of a corporate client, and his remarks are printed in this issue, beginning at page 342. Judges and trial lawyers expressed their views. And I was asked to comment on the extent to which the law …

The Natural Law Of Administrative Law, William H. Rodgers, Jr.

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Law teachers and researchers are inveterate seekers of metaphors. The metaphor, even if glib and obvious, invariably suggests further parallels and relationships, the conjoinder of phenomena. This is the road to uncovering unsuspected linkages and building simple descriptive models.

Theory building, in administrative law as elsewhere, begins with the capture and expression of the convincing metaphor. Extracting metaphors from the natural sciences to account for social happenings begins with a figure of speech and often ends there. Legislatures now are squeezing fat out of administrative agencies, an apt biological picture of a weight watcher's rigor being imposed on flabby, middle-aged …

Imperial Scholar: Reflections On A Review Of Civil Rights Literature Commentary, Richard Delgado

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No abstract provided.

Can Science Be Inopportune - Constitutional Validity Of Governmental Restrictions On Race-Iq Research, Richard Delgado, Sean Bradley, David Burkenroad, Ron Chavez

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No abstract provided.

The New Deal Regulatory Model: A History Of Criticisms And Refinements, Daniel J. Gifford

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When the Roosevelt administration took office in March 1933, the nation was suffering from the onslaught of the Great Depression. The complex set of economic and regulatory policies constituting President Franklin Roosevelt's "New Deal" focused primarily on restoring health to the economy and secondarily on achieving a modicum of income redistribution. The Roosevelt administration, however, possessed neither a clear understanding of the causes of the Depression, nor a coherent, stable, and workable scheme for ending it. Nevertheless, that administration's tenure produced widespread federal economic regulation and brought ferment, imagination, and creativity to theoretical and practical regulatory techniques.

Antitrust Suits By Targets Of Tender Offers, Frank H. Easterbrook, Daniel R. Fischel

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No abstract provided.

Identifying Section 306 Stock: The Sleeping Beauty Of Revenue Ruling 66-332, Saul Levmore

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No abstract provided.

Separation Of Functions: Obscurity Preserved, Antonin Scalia

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No abstract provided.

Limits Of Law Enforcement, The, Hans Zeisel

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No abstract provided.

International Trial Observers, David Weissbrodt

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Since the Dreyfus trial in 1899, governments have sent observers to foreign political trials both to increase their understanding of the affairs of other nations and to express concern about the fairness of the proceedings themselves. It is now common for a number of gov- ernments, including those of Canada, the Federal Republic of Ger- many, Japan, Sweden, the United Kingdom, and the United States, to send official observers to foreign trials of political or human rights significance.

Making Waves In Color - A Basic Color Schlieren System, Andrew Davidhazy

Articles

This article first appeared as "Making Waves in Color" An article [that originally appeared in 1982 in Photomethods magazine's Images and ideas publication] describing how I set up a single mirror, double pass, color schlieren system.

The Regulation Of Labor Unions, Theodore J. St. Antoine

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This year completes exactly a half century in the federalization and codification of American labor law. Before that the regulation of both the internal affairs and external relations of labor organizations was left largely to the individual states, usually through the application of common or nonstatutory law by the courts. One major exception was the railroad industry, whose patent importance to interstate commerce made it an acceptable subject for federal legislation like the Railway Labor Act.

The Fifth Amendment, Self-Incrimination, And Foreign Prosecution: The Saga Of The Ryuyo Maru, Jeff M. Feldman

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In 1979, the M/V Ryuyo Maru No. 2, a Japanese fishing vessel, went aground off the coast of Alaska. During the course ofthe United States Coast Guard's investigation into the cause of themarine casualty, the captain of the vessel and several seamen attempted to avoid giving testimony at the Coast Guard inquest onthe ground that their testimony would tend to incriminate the munder the law of Japan. The ensuing litigation' over the extent towhich the fifth amendment protects witnesses from compulsory self-incrimination where the sole threat of criminal prosecution is by a foreign government contributes to a recent line of …

Words That Wound: A Tort Action For Racial Insults, Epithets, And Name-Calling, Richard Delgado

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One of the first articles to discuss the problem of hate speech Words That Wound discusses the harms of racist speech before proposing a new tort enabling its victims to recover damages from the utterer I later expanded the article into a book with Jean Stefancic Entitled Understanding Words That Wound the book covers a range of recent problems including hate speech on the Internet campus hate speech codes and child porn

Eight Cases And Section 251, James J. White

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[A] continuing sense of reliance and security that the promised performance will be forthcoming. . . is an important feature of the bargain-so states Comment 1 to section 2-609 of the Uniform Commercial Code. At common law, one party to a contract might suffer considerable and justifiable anxiety about the other party's willingness or ability to perform and yet have no legal basis for cancelling the contract or for procuring additional assurances from the other party. Section 251 of the Restatement (Second) of Contracts is designed to provide a remedy for one party's reasonable fears that the other party to …

Stability Of Time-Delay Systems, T. Lee, Sohail Dianat

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This paper gives necessary and sufficient conditions for the stability of time-delay systems of the formdot{x}(t)=A_{1}x(t)+A_{2}x(t-h). These new conditions are derived by Lyapunov's direct method through systematic construction of the corresponding "energy" function. This function is known to exist, if a solutionP_{1}(0)of the algebraic nonlinear matrix equationA_{2} =e^{[A_{1}+P_{1}(0)]h}P_{1}(0)can be determined (Refer to PDF file for exact formulas).

Maximum Price Fixing, Frank H. Easterbrook

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No abstract provided.

The Historical Origins And Economic Structure Of Workers' Compensation Law, Richard A. Epstein

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No abstract provided.

A Reply To Some Recent Criticisms Of The Efficiency Theory Of The Common Law, Richard A. Posner

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No abstract provided.

The Next Step In The Antitrust Treatment Of Restricted Distribution: Per Se Legality, Richard A. Posner

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No abstract provided.

Mr. Chief Justice Burger On The State Of The Judiciary - 1981, Philip B. Kurland

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No abstract provided.

The Distrust Of Politics, Terrance Sandalow

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In this Article, Dean Sandalow considers the justifications advanced by those who favor the removal of certain political issues from the political process by extending the reach of judicial review. He begins by examining the distrust of politics in a different context, discussing the proposals made by the Progressives for reforming municipal government, as a vehicle to expose the assumptions underlying the current debate. His comparison of the two historical settings reveals many similarities between the Progressives' reform proposals and the contemporary justiflcations.[or the displacement of politics with constitutional law. Dean Sandalow concludes that the distrust of politics rests not …