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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 …

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

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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

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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.

Why Basic Liberties Are Bilateral, James W. Nickel

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No abstract provided.

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 …

Thinking Like A Lawyer Or Acting Like A Judge: A Response To Professor Simon, David Yellen

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Professor William Simon argues that the principal professional responsibility of all lawyers should be to "seek justice."' He defines this as pursuing the client's rights, but not the client's interests, if those interests are incompatible with the "truth." As a concrete example of this approach, Professor Simon states that it would normally be inappropriate for a lawyer to subject a vulnerable, but accurate, witness to cross examination intended to create the impression that the witness' testimony was mistaken.

In my view, Professor Simon's position would not really further "justice" at all. In these brief comments, by focusing on the likely …

Measured Stark Widths And Shifts Of Several Niii Sectral Lines: Temperature Dependence, Stevan Djenize, Vladimir Milosavljevic

Articles

Stark parameters (width and shift) of four doubly ionized nitrogen spectral lines, that belong to 3s-3p and 3p-3d transitions (lower multiplets), have been measured in a linear pulsed, low pressure, arc discharge in the nitrogen-oxygen and helium-nitrogen-oxygen plasmas in a (30 000 - 54 000) K electron temperature and a (0.75 10²³ - 2.8 10²³) electron density ranges. The measured values have been compared to the existing experimental and calculated data.

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

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In these Holmes Lectures, delivered a century after the publication of Oliver Wendell Holmes's great essay The Path of the Law, Judge Posner argues for an essentially Holmesian conception of the proper relations among modern normative moral philosophy ("academic moralism"), morality, and law. Academic moralism, he argues, lacks either the intellectual cogency or the emotional power to change people's beliefs or behavior; the power to do so resides in "moral entrepreneurs," which academic moralists emphatically are not. Academic moralism's lack of cogency disqualifies it to guide judicial decisionmaking even - in fact, especially - in cases involving controversial moral issues, …

Quality And Shelf-Life Of Fresh Cut Crrot Slices As Affected By Slicing Method, Catherine Barry-Ryan, David O'Beirne Prof

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The effects of slicing method on the quality and storage-life of modified atmo¬sphere packaged carrot slices were determined using microscopy, sensory evalu¬ation, microbial counts and a range of physical and chemical tests. Slicing caused physical damage, physiological stress and enhanced microbial growth. The se¬verity of these effects were in the order of blunt machine blade > sharp machine blade > razor blade. These findings provide insights into the magnitude and ba¬sis of slicing effects and also confirm the importance of gentle processing and the use of a sharp blade.

Metropolitanism, Progressivism, And Race, Edward A. Zelinsky

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Professor Zelinsky examines three books on local government. Two of these, Cities Without Suburbs, by David Rusk, and Citistates, by Neal Peirce, call for metropolitanizing the governance of urban areas. Our Town, by David L. Kirp, John P. Dwyer, and Larry A. Rosenthal, explores the Mt. Laurel litigation and its aftermath and suggests that the land use authority of local governments be diminished through court-ordered zoning for low-income housing.

Professor Zelinsky is skeptical of these well-intentioned proposals. The metropolitan governments advocated by Rusk and Peirce would be less responsive than the smaller localities they would replace and less likely to …

Bordetella Holmesii-Like Organisms Associated With Septicemia, Endocarditis, And Respiratory Failure, Perry J. Severance, Yi-Wei Tang, Marlene K. Hopkins, Christopher P. Kolbert, Paul A. Hartley, David H. Persing

Articles

We recovered an unusual bacterial strain from blood or sputum of three patients with septicemia, endocarditis, and/or respiratory failure. The three isolates were thin, curved, gram-negative, light brown, pigment-producing bacilli with variable catalase activity. They were asaccharolytic, oxidasenegative, nonmotile, and fastidious. Identification was not possible on the basis of these characteristics alone or in combination with cellular fatty acid profiles. Nucleic acid amplification and sequence analysis of the 16S rRNA gene revealed that all three isolates were identical and most closely related to the emerging pathogen Bordetella holmesii, diverging from the published sequence at three nucleotide positions (99.8% similarity). …

Near-Term Detectability Of Terrestrial Extrasolar Planets: Tep Network Observations Of Cm Draconis, Hans Deeg, Laurance Doyle, Valerij Kozhevnikov

Articles

Results from a photometric search for extrasolar planetary transits across the eclipsing binary CM Dra are presented. The TEP (Transits of Extrasolar Planets) network has observed this star since 1994, and a lightcurve with 617 hours of coverage has been obtained. The data give a complete phase coverage of the CM Dra system at each of the 3 years of observations, with a noise of less than 5 mmag. New epoch and period values for CM Dra are derived, and a low flare rate of 0.025 hr^−1 has been confirmed. The absence of periodic variations in eclipse minimum times excludes …

Optical Effects Of Ink Spread And Penetration On Halftones Printed By Thermal Ink Jet, Jonathan Arney, Michael Alber

Articles

A probability-based model of halftone imaging, which was developed in previous work to describe the Yule–Nielsen effect, is shown in the current work to be easily modified to account for additional physical and optical effects in halftone imaging. In particular, the effects of ink spread and ink penetration on the optics of halftone imaging with an ink-jet printer is modeled. The modified probability model was found to fit the experimental data quite well. However, the model appears to overcompensate for the scattering associated with ink penetration into paper.

Camus' Meursault : The Only Christ That Modern Civilisation Deserves?, Eamon Maher

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Material reproduced by kind permission of Studies.

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

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No abstract provided.

Reflecting On The Subject: A Critique Of The Social Influence Conception Of Deterrence, The Broken Windows Theory, And Order-Maintenance Policing New York Style, Bernard E. Harcourt

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No abstract provided.

The Internet And The Abiding Significance Of Territorial Sovereignty, Jack L. Goldsmith

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No abstract provided.

Pennsylvania Coal V. Mahon: The Erratic Takings Jurisprudence Of Justice Holmes, Richard A. Epstein

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No abstract provided.

Protecting Property With Legal Remedies: A Common Sense Reply To Professor Ayres, Richard A. Epstein

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No abstract provided.

Joint Custody And Strategic Behavior, Saul Levmore

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No abstract provided.

Pennsylvania Coal V. Mahon: The Erratic Takings Jurisprudence Of Justice Holmes, Richard A. Epstein

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No abstract provided.

Afterword Beyond Sexual Orientation In Queer Legal Theory: Majoritarianism, Multidimensionality, And Responsibility In Social Justice Scholarship Or Legal Scholars As Cultural Warriors, Francisco Valdes

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No abstract provided.

Professionalisms, Richard A. Posner

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No abstract provided.

How To Win The Trial Of The Century: The Ethics Of Lord Brougham And The O. J. Simpson Defense Team, Albert W. Alschuler

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No abstract provided.

Unpacking Package Deals: Separate Spheres Are Not The Answer, Mary Anne Case

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No abstract provided.

Modeling Morality: What Are The Limits To Self-Directed Preference Change?, Richard H. Mcadams

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No abstract provided.

The Demand For Human Cloning, Richard A. Posner, Eric A. Posner

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No abstract provided.

Against Constitutional Theory, Richard A. Posner

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In this Madison Lecture, Chief Judge Posner advocates a pragmatic approach to constitutional decisionmaking, criticizing constitutional theorists who conceal their normative goals in vague and unworkable principles of interpretation. After discussing specific constitutional theories as well as the legal academy's increasing reliance on theory in genera Posner demonstrates the ineffectuality of constitutional theory, using the Supreme Court's decisions in United States v. Virginia and Romer v. Evans as examples. He argues not that these cases were necessarily wrongly decided, but that the opinions lack the empirical support that is crucial to sound constitutional adjudication. Posner urges law professors to focus …

When The Taking Itself Is Just Compensation, Lior Strahilevitz

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No abstract provided.

Introduction: Adding A Comparative Perspective To American Criminal Procedure Classes, Albert Alschuler

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No abstract provided.