Digital Commons Network^™

Justification By Faith, Carl E. Schneider

Articles

In June 1997 a sixteen-year-old girl named Shannon Nixon began to feel ill. Her parents belonged to the Faith Tabernacle Church, one of a number of American sects which believe that illness should be treated spiritually rather than medically. Accordingly, the Nixons prayed for Shannon and took her to be anointed at their church. Shannon reported that she felt better and that the spiritual treatment had gained her her victory-her recovery. Before long, however, Shannon again felt ill. She became weaker and weaker and then fell into a coma. A few hours later she died. An autopsy revealed that she …

Near Misses, William I. Miller

Articles

I was recently invited to give a keynote address for a small academic conference whose advertised theme was "Near Misses, Contingencies, and Histories." I have a rough and ready understanding of the near miss, the same kind of understanding we have of most words and phrases that spill out effortlessly in normal conversation. I use it and have heard it used by myriad others to describe a certain style of disappointment and regret. It is a concept generally available to us all, but when coupled with contingencies and histories, as in the title of the conference with its vague suggestions …

Family Law And Gay And Lesbian Family Issues In The Twentieth Century, David L. Chambers, Nancy D. Polikoff

Articles

Over these thirty years, lesbians and gay men have increasingly challenged conventional definitions of marriage and the family. In this brief article, we tell the story of gay people and family law in the United States across this period. We divide our discussion into two sections: issues regarding the recognition of the same-sex couple relationship and issues regarding gay men and lesbians as parents. These issues overlap, of course, but since family law discussions commonly treat adult-adult issues of all sorts separately from parent-child issues, we believe it convenient and helpful to do so as well.

Confessions, Search And Seizure And The Rehnquist Court, Yale Kamisar

Articles

About the time William Rehnquist ascended to the Chief Justiceship of the United States, two events occurred that increased the likelihood that Miranda would enjoy a long life. In Moran v. Burbine,' a 6-3 majority held that a confession preceded by an otherwise valid waiver of a suspect's Miranda rights should not be excluded either (a) because the police misled an inquiring attorney when they told her they were not going to question the suspect she called about or (b) because the police failed to inform the suspect of the attorney's efforts to reach him.

A Child's Right To Physical Integrity, Suellyn Scarnecchia

Articles

As we wring our hands over increasing reports of severe child abuse and how violent many of our children have become, it might be time to reassess policies that give parents and others the license to use even the most mild forms of violence against our children.

Title Vii And Homosexual Harassment After Oncale: Was It A Victory?, Mary I. Coombs

Articles

No abstract provided.

Note On The Voltammetry Of Ferrocene Carboxylate In Aqueous Solution, John Cassidy, John O'Gorman, M. Ronane, Enda Howard

Articles

Cyclic voltammetry of ferrocene dicarboxylate in aqueous solutions at high pH, in the presence of oxygen, showed evidence of an EC' mechanism where the oxidised form of ferrocene dicarboxylate reacts with H02- , which had been produced at a lower potential. However, an analogous experiment with ferrocene carboxylate yielded a cyclic voltammogram with a post peak: following the anodic peak: for ferrocene carboxylate. The reason for the post peak: is not clear but may be due to a delay in the reaction between the oxidised form of ferrocene carboxylate and H02-.

Enhancing Autonomy For Battered Women: Lessons From Navajo Peacemaking, Donna Coker

Articles

In this Article, Professor Donna Coker employs original empirical research to investigate the use of Navajo Peacemaking in cases involving domestic violence. Her analysis includes an examination of Navajo women's status and the impact of internal colonization. Many advocates for battered women worry that informal adjudication methods such as Peacemaking ignore domestic hierarchies of power and thus facilitate the batterer's ongoing violence against the victim. Those who endorse the use of Navajo Peacemaking and other systems of restorative justice believe that such processes are better equipped to cut through the batterer's denial and victim blaming and are more likely to …

California's Racial History And Constitutional Rationales For Race-Conscious Decision Making In Higher Education Symposium: Race And The Law At The Turn Of The Century, Richard Delgado, Jean Stefancic

Articles

No abstract provided.

Physician Unions And The Future Of Competition In The Health Care Sector, William S. Brewbaker Iii

Articles

No abstract provided.

Identity, Privacy, And The New Information Scalpers: Recalibrating The Rules Of The Road In The Age Of The Infobahn: A Response To Fred H. Cate A Symposium On Law And Technology In The New Millenium: Closing The Gap, Ronald J. Krotoszynski Jr.

Articles

No abstract provided.

Experimental Observation Of Individual Single Wall Nanotube Species By Raman Microscopy, G. S. Duesberg, W. Blau, Hugh Byrne, J. Muster, M. Burghard, S. Roth

Articles

Individual single-wall carbon nanotubes (SWNT) or small ropes of SWNTs with the same diameter have been characterised by Raman spectroscopy. Highly pure, length-selected SWNTs adsorbed onto substrates designed for surface-enhanced Raman spectroscopy were investigated with a Raman microscope. Various spectra, each with a distinct sharp peak in the radial breathing mode area and four C–C stretching modes could be observed. The modes also showed a strong variation in the relative intensities. In correlation with theoretical predictions this should establish Raman microscopy as a non-destructive nano-technological tool, capable of determining the diameter, symmetry and position of individual SWNTs.

Breaking Out Of "Custody": A Feminist Voice In Constitutional Criminal Procedure, Dana Raigrodski

Articles

In this Essay, I suggest that reexamination of this field of law through a feminist lens can shed new light and add to the understanding of constitutional criminal procedure. These insights, in turn, can and should generate a positive feminist jurisprudence of criminal procedure—a distinctive feminist voice to be integrated systematically into our constitutional criminal procedure and our criminal justice system. Applying feminist legal theories to particular areas of constitutional criminal procedure may help guide us through the more difficult task of constructing a positive feminist jurisprudence of constitutional criminal procedure. Many areas of constitutional criminal procedure lend themselves as …

"Meet My Mentor": A Collection Of Personal Reminescences, Frank G. Houdek, Penny A. Hazelton

Articles

Contributors describe the mentoring they received as law librarians. Individually the pieces offer fascinating glimpses of individuals and relationships. Collectively, they demonstrate how important—and how varied—the process of mentoring has been and continues to be for the growth and evolution of the profession.

Penny Hazelton's contribution, Sometimes You Need a Good Shove, begins on page 216.

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

Articles

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.

From Office Ladies To Women Warriors?: The Effect Of The Eeol On Japanese Women, Jennifer S. Fan

Articles

In this Article, Jennifer Fan argues that existing laws in Japan do not adequately protect working women from sex discrimination. Specifically, Fan examines the Equal Employment Opportunity Law (EEOL), a law designed to prevent discrimination against women in the workplace, and concludes that the EEOL is little more than a paper tiger that preserves the status quo. After briefly discussing the legal sources of protection for working women in Japan before the passage of the EEOL, Fan examines the creation of the EEOL, its substantive provisions, and its legal impact. Through her analysis of recent sexual harassment cases in light …

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

Articles

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 …

Use Of Excel To Obtain Voltammetric Information On Microelectrodes, Enda Howard, John Cassidy

Articles

The use of curve fitting for the analysis and interpretation of voltammetric data obtained while working with micro electrodes is discussed as a useful exercise for introducing students to the principle of problem solving using least-squares curve-fitting techniques. The advantages associated with this approach to data processing over the approach where the limiting current (i L) alone is used are discussed and its limitations are highlighted. This technique was applied to the determination of unknown concentrations of ferrocyanide and the most satisfactory recovery of concentrations was found when both the va1ues of the formal potential (EO') and concentration ( C) …

A Survey Of Sexually Abusive Experiences In Childhood Amongst A Sample Of Third Level Students, Kevin Lalor

Articles

The following survey is an investigation into the nature, incidence and effects of childhood sexual abuse as experienced by a sample of third level students in Dublin. Unwanted sexual experiences whilst under the age of sixteen were surveyed. Response rates were high and indicate that unwanted sexual experiences prior to age sixteen are experienced by some 30% of female respondents. Indecent exposure was the most frequently reported experience. This figure falls considerably for contact and penetrative forms of abuse. Long term effects of non-contact forms of abuse were most frequently reported as embarrassment. More acute effects, such as suicidal tendencies, …

Lenders And Land, Ann Burkhart

Articles

Using land to secure loans has been a particularly durable human institution. Mortgages 1 have existed since antiquity, 2 primarily because land generally retains its value and is permanent and immovable. In societies with largely nonmonetary economies, such as feudal England, land also has been particularly valued as a source of livelihood and of power. Therefore, land has been and continues to be desirable security for loans.

Java And Microsoft: How Does The Antitrust Story Unfold?, Daniel J. Gifford

Articles

RAPID developments in the software industry underlie both the Gov ernment's antitrust proceedings against the Microsoft Corporation 1 and the lawsuit brought by Sun Microsystems, Inc. ("Sun") against Microsoft in which Sun is asserting claims grounded in breach of contract, trademark infringement and unfair competition. 2 In October 1997, the Government challenged the Microsoft Corporation's right to bundle its internet browser (the Microsoft Internet Explorer 4.0) with its Windows 95 operating system. 3 That proceeding was brought as a request for an order to show cause why Microsoft should not be held in contempt for violating a consent decree ending …

Federal Sentencing Can Be Made More Just, If The Sentencing Commission Wants To Make It So, Michael Tonry

Articles

No abstract provided.

On Generalizations I: A Preliminary Exploration, Terence J. Anderson

Articles

No abstract provided.

The Constitution And Encryption Regulation: Do We Need A "New Privacy"?, A. Michael Froomkin

Articles

No abstract provided.

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

Articles

No abstract provided.

Prosecuting Race, Anthony V. Alfieri

Articles

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 …

Basics Of Focusing Schlieren Systems, Andrew Davidhazy

Articles

Among flow visualization techniques, the Focusing Schlieren system has been largely ignored by the field. It is, however, a low cost solution to solving visualization of density gradients, a system with good sensitivity to visualize convection patterns in liquids or gases such as warm air rising from a flame or heated object and ultimately it is also a powerful tool for teaching many optics related principles.

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

Articles

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 …

The End Of The Market: A Psychoanalysis Of Law And Economics, Jeanne L. Schroeder

Articles

The perfect market is the end of all actual markets - it is their ideal form. In normative economics, actual markets are the means of achieving the end or ideal of the perfect market. But this means that to achieve a perfect market would result in the end of all actual markets. Despite the centrality of the ideal of the perfect market in the subset of law and economics scholarship based on classical price theory, there is surprisingly little literature on its parameters. In this Commentary, Professor Schroeder examines this literature in order to explicate the nature of this ideal. …

Measurement Of Degree Of Order In Mixed Polarised Fluorescent Polymer Liquid Crystal Films, Andrew Davey, Robert Howard, Bernd Lahr, Hugh Byrne

Articles

Raman spectroscopy is used to investigate the degree of order found in in situ photopolymerised films exhibiting polarised emission. Studies indicate that the mixed system shows differing degrees of order for its two molecular components. The degree of order was measured in the liquid mesophase for the mixed monomers prior to polymerisation and was found to be in close agreement with the order of the two components measured in equivalent cured films.