Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

Articles

Discipline
Institution
Keyword
Publication Year
File Type

Articles 6661 - 6690 of 7758

Full-Text Articles in Entire DC Network

The Empire Strikes Back, A. Michael Froomkin Jan 1998

The Empire Strikes Back, A. Michael Froomkin

Articles

No abstract provided.


Estoppel In Property Law, Stewart E. Sterk Jan 1998

Estoppel In Property Law, Stewart E. Sterk

Articles

The article explores the complex role of estoppel doctrine in property law, emphasizing its promise-based nature and its distinct application compared to contract law. It highlights how estoppel enforces promises, resolves disputes, and protects interests in property law, particularly in family and neighbor disputes. The analysis critiques the reliance vs. promise debate, asserting that promise is the critical factor. The article also underscores the challenges of enforcing oral promises and the importance of written agreements to avoid injustice and ensure clarity in property transactions.


Latino And Latina Critical Theory: An Annotated Bibliography Latcrit: Latinas/Os And The Law: A Joint Symposium By California Law Review And La Raza Law Journal: Policy, Politics, And Praxis, Jean Stefancic Jan 1998

Latino And Latina Critical Theory: An Annotated Bibliography Latcrit: Latinas/Os And The Law: A Joint Symposium By California Law Review And La Raza Law Journal: Policy, Politics, And Praxis, Jean Stefancic

Articles

No abstract provided.


Injured Women Before Common Law Courts, 1860-1930, Margo Schlanger Jan 1998

Injured Women Before Common Law Courts, 1860-1930, Margo Schlanger

Articles

How did early American tort law treat women? How were they expected to behave, and how were others expected to behave towards them? What gender differences mattered, and how did courts deal with those differences? These are the issues this Article explores. My aim is to illuminate the common law of torts and its relation to and with ideas about gender difference, by focusing on three sets of cases involving injured women, spanning the time between approximately 1860 and 1930. My conclusions run counter to two approaches scholars have frequently taken in analyzing gender and the common law of torts. …


Colorimetric Characterization Of The Apple Studio Display (Flat Panel Lcd), Mark Fairchild, David Wyble Jan 1998

Colorimetric Characterization Of The Apple Studio Display (Flat Panel Lcd), Mark Fairchild, David Wyble

Articles

The colorimetric characterization of a flat-panel LCD monitor, the Apple Studio Display, using traditional CRT characterization techniques was evaluated. The results showed that the display performed up to the manufacturer's specifications in terms of luminance and contrast. However, the traditional CRT gain-offset-gamma (GOG) model for characterization was inadequate and a model with one-dimensional lookup tables followed by a 3x3 matrix was developed. The LUT model performed excellently with average CIE94 color differences between measured and predicted colors of approximately 1.0.


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.


On Unit Sum Number Of Rings And Modules, Brendan Goldsmith, S. Pabst, A. Scott Jan 1998

On Unit Sum Number Of Rings And Modules, Brendan Goldsmith, S. Pabst, A. Scott

Articles

No abstract available


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


Rodrigo's Roadmap: Is The Marketplace Theory For Eradicating Discrimination A Blind Alley, Richard Delgado Jan 1998

Rodrigo's Roadmap: Is The Marketplace Theory For Eradicating Discrimination A Blind Alley, Richard Delgado

Articles

No abstract provided.


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.


Are Criminal Defendants In Japan Truly Receiving Trials By Judges, Daniel H. Foote Jan 1998

Are Criminal Defendants In Japan Truly Receiving Trials By Judges, Daniel H. Foote

Articles

Since my initial appointment as an assistant judge in April of 1950, I have served as a judge for over 39 1/2 years. For most of that time, over 30 years, I have handled criminal trials. Thus, one might say that I personally represent a living history of the current Code of Criminal Procedure. Human beings, however, inevitably tend to idle their time away; and I have been kept busy day in and day out handling cases and up until now have never had the chance to sit back and reflect dispassionately on the actual state of criminal trials. That …


The Supreme Court, 1997 Term -- Leading Cases -- Federal Statutes And Regulations -- Americans With Disabilities Act -- Asymptomatic Hiv, Peter Nicolas Jan 1998

The Supreme Court, 1997 Term -- Leading Cases -- Federal Statutes And Regulations -- Americans With Disabilities Act -- Asymptomatic Hiv, Peter Nicolas

Articles

No abstract provided.


The De Minimus Exemption Of Stored Value Cards From Regulation E: An Invitation To Fraud?, Sean M. O'Connor Jan 1998

The De Minimus Exemption Of Stored Value Cards From Regulation E: An Invitation To Fraud?, Sean M. O'Connor

Articles

How valuable is $100? To a student? To a single unemployed parent? To a well-compensated professional? The Federal Reserve Board apparently believes that the potential loss of $100 is not a tremendous burden on anyone. In a recently proposed rule, the Board exempts stored value cards[that contain less than $100 from the same regulations that protect consumers from most types of fraud associated with ATM, debit, and credit cards. Regulation E (Reg E) currently regulates the electronic funds transfers (EFTs) that are at the heart of ATM/debit/credit card transactions by requiring printed receipts, error resolution procedures, periodic statements, initial disclosure …


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 …


Transitive And Fully Transitive Groups, Steve Files, Brendan Goldsmith Jan 1998

Transitive And Fully Transitive Groups, Steve Files, Brendan Goldsmith

Articles

The notions of transitivity and full transitivity for abelian p-groups were introduced by Kaplansky in the 1950s. Important classes of transitive and fully transitive p-groups were discovered by Hill, among others. Since a 1976 paper by Corner, it has been known that the two properties are independent of one another. We examine how the formation of direct sums of p-groups affects transitivity and full transitivity. In so doing, we uncover a far-reaching class of p-groups for which transitivity and full transitivity are equivalent. This result sheds light on the relationship between the two properties for all p-groups.


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 …


Child Sexual Abuse In Ireland: An Historical And Anthropological Note, Kevin Lalor Jan 1998

Child Sexual Abuse In Ireland: An Historical And Anthropological Note, Kevin Lalor

Articles

Child sexual abuse in Ireland has entered the public domain only in the last twenty years. This process was accelerated by a number of high profile cases which became public in the mid 1990s. Prior to the recent past, few references to child sexual abuse in Ireland exist. The first written evidence is found in the Penitentials of the early Christian period. Penance is specified for those that “misuse” children. Mention of adult child sexual relations is also found in the Brehon law texts. Historians, sociologists and anthropologists of childhood suggest that patterns of child rearing vary across time and …


A Feminist Interpretation Of The Law Of Legitimacy, Mary Louise Fellows Jan 1998

A Feminist Interpretation Of The Law Of Legitimacy, Mary Louise Fellows

Articles

I am actually going to continue Professor Ead's discussion on procreation and think about it in a slightly different way. As an inheritance law scholar, the definition of the parent-child relationship has obvious importance to me because it determines who is an heir. As a feminist scholar, the definition is also significant to me because the legal rules regarding the parent-child relationship provide a unique perspective on the dialectical link between property and family.


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.


An Ode To Probable Cause: A Brief Response To Professors Amar And Slobogin, Scott E. Sundby Jan 1998

An Ode To Probable Cause: A Brief Response To Professors Amar And Slobogin, Scott E. Sundby

Articles

No abstract provided.


Domestic Violence In Black And White: Racialized Gender Stereotypes In Gender Violence, Zanita E. Fenton Jan 1998

Domestic Violence In Black And White: Racialized Gender Stereotypes In Gender Violence, Zanita E. Fenton

Articles

No abstract provided.


Article 2b As Legal Software For Electronic Contracting-Operating System Or Trojan Horse?, A. Michael Froomkin Jan 1998

Article 2b As Legal Software For Electronic Contracting-Operating System Or Trojan Horse?, A. Michael Froomkin

Articles

The proposed draft of Article 2B of the Uniform Commercial Code can be thought of as akin to a complex computer software suite which seeks to dominate a market by offering all things to all people. The author suggests, however, that Article 2B's electronic contracting rules interoperate poorly with existing digital signature laws, and with some forms of electronic commerce. The author also questions whether Article 2B is the proper means to enact controversial rules that ordinarily would make consumers liable for fraudulent uses of their digital signatures by third parties. After considering Article 2B's potential interaction with existing digital …


Religion, Gender, Sexuality, Race And Class In Coalitional Theory: A Critical And Self-Critical Analysis Of Latcrit Social Justice Agendas, Elizabeth M. Iglesias, Francisco Valdes Jan 1998

Religion, Gender, Sexuality, Race And Class In Coalitional Theory: A Critical And Self-Critical Analysis Of Latcrit Social Justice Agendas, Elizabeth M. Iglesias, Francisco Valdes

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.


Race Trials, Anthony V. Alfieri Jan 1998

Race Trials, Anthony V. Alfieri

Articles

No abstract provided.


The Stein Years--A Time Of Advancement And Prosperity, Edward S. Adams Jan 1998

The Stein Years--A Time Of Advancement And Prosperity, Edward S. Adams

Articles

When the seven-year administrationof the school's sixth dean,CarlA Auerbach,ended,thenewLawSchoolbuildinghad become a reality, and Dean Auerbach's principal goal was achieved. As Auerbachpassedthe torchto RobertA Stein, how- ever, he did so amid controversy and widespreadfrustration at the Law School with the legislatureregardingbudgets and class size. Stein,atageforty,wasyoung,energetic,andableto achieve the balanceofwhatDeanAuerbach termed "scholarlyattainment with administrativesavvy." As Stein ascended to the ranks of what he describedas "thebest law school deanshipopportunity in the country,"' he was unanimously viewed as an "extremely ener- getic, enthusiasticand responsive man. 2 Chosen because he was perceived by both faculty members and administratorsalike as an open, easygoingperson who was able to …