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Articles 11431 - 11460 of 20101
Full-Text Articles in Entire DC Network
The Suspension Theory: Hurricane Katrina Looting, Property Rights, And Personhood Comment, Casey E. Faucon
The Suspension Theory: Hurricane Katrina Looting, Property Rights, And Personhood Comment, Casey E. Faucon
Articles
No abstract provided.
Interpreting The Protecting Tenants At Foreclosure Act Of 2009, Allyson E. Gold
Interpreting The Protecting Tenants At Foreclosure Act Of 2009, Allyson E. Gold
Articles
No abstract provided.
Ethics Reform In Alabama, Susan Pace Hamill
Divide And Conquer: Sec Discipline Of Litigation Attorneys, Julie Andersen Hill
Divide And Conquer: Sec Discipline Of Litigation Attorneys, Julie Andersen Hill
Articles
The Securities and Exchange Commission "SEC" can investigate and discipline attorneys for "unethical or improper professional conduct" Although the SEC's disciplinary authority extends to all attorneys for more than 70 years it only investigated transactional attorneys Recently however the SEC announced that it is now investigating litigation attorneys for professional misconductThis Article examines the problems that arise because the SEC staff that is investigating and prosecuting a client is also allowed to investigate the professional conduct of the litigator representing that client The Article explains that the SEC's rules governing litigator conduct are unclear and therefore susceptible to agency abuse …
Entrepreneurship And Law: Accessing The Power Of The Creative Impulse Foreword, Steven H. Hobbs
Entrepreneurship And Law: Accessing The Power Of The Creative Impulse Foreword, Steven H. Hobbs
Articles
No abstract provided.
Churches As First Amendment Institutions: Of Sovereignty And Spheres, Paul Horwitz
Churches As First Amendment Institutions: Of Sovereignty And Spheres, Paul Horwitz
Articles
This Article offers a novel way of approaching the role of churches and other religious institutions within the First Amendment framework Beyond that it offers a broader organizing structure for the legal treatment of First Amendment institutions entities whose fundamental role in shaping and contributing to public discourse entitles them to substantial autonomy to organize and regulate themselves without state interference Drawing on the work of the neoCalvinist writer Abraham Kuyper it encourages us to think about churches and other First Amendment entities as sovereign spheres nonstate institutions whose authority is ultimately coequal to that of the state In the …
A Man For All Seasons: Judge Frank M. Johnson Jr. And The Quest To Secure The Rule Of Law Essay: John S. Stone Chair Inaugural Lecture, Ronald J. Krotoszynski Jr.
A Man For All Seasons: Judge Frank M. Johnson Jr. And The Quest To Secure The Rule Of Law Essay: John S. Stone Chair Inaugural Lecture, Ronald J. Krotoszynski Jr.
Articles
No abstract provided.
A Frontier Justinian: An Introduction To The Life And Writings Of Harry Toulmin, Territorial Judge Of Mississippi And Alabama Legal History, Paul M. Pruitt Jr.
A Frontier Justinian: An Introduction To The Life And Writings Of Harry Toulmin, Territorial Judge Of Mississippi And Alabama Legal History, Paul M. Pruitt Jr.
Articles
No abstract provided.
The Structural Case For Vertical Maximalism, Tara Leigh Grove
The Structural Case For Vertical Maximalism, Tara Leigh Grove
Articles
Many prominent jurists and scholars including those with outlooks as diverse as Chief Justice John Roberts and Cass Sunstein have recently advocated a "minimalist" approach to opinion writing at the Supreme Court They assert that the Court should issue narrow factbound decisions that do not resolve much beyond the case before the Court I argue that minimalism as employed by the current Supreme Court is in tension with the constitutional structure Article III and the Supremacy Clause along with historical evidence from the founding era suggest that the Constitution creates a hierarchical judiciary and gives the Court a "supreme" role …
Rodrigo's Portent: California And The Coming Neocolonial Order, Richard Delgado
Rodrigo's Portent: California And The Coming Neocolonial Order, Richard Delgado
Articles
I analyze developments in California as that state approached the tipping point at which its population would contain 50 percent minorities of color I showed that elite whites were making consciously or not efforts to hang onto power beyond the point at which sheer numbers would suggest that they ought to be sharing it with citizens of color
Trademarks As A Media For False Advertising, J. Shahar Dillbary
Trademarks As A Media For False Advertising, J. Shahar Dillbary
Articles
This Article explores an unnoticed aspect of trademark law which in some instances may constitute a license to cheat. It shows that under certain circumstances a seller can use its own trademark to mislead its customers, free from legal sanction, in contexts where the same behavior would be sanctioned if the seller used other advertising media. The Article then explores how an alternate conception of the economic function of trademarks can be used to understand the informational value of trademarks and their advertising function. After identifying circumstances appropriate for legal intervention, the Article concludes with a proposal for a new …
The Rankings Game 2008 Symposium On Neglected Justices, James W. Ely Jr., Mark E. Brandon
The Rankings Game 2008 Symposium On Neglected Justices, James W. Ely Jr., Mark E. Brandon
Articles
No abstract provided.
A Precautionary Tale: Separating The Infant From The Fetus, Lawrence Torcello
A Precautionary Tale: Separating The Infant From The Fetus, Lawrence Torcello
Articles
This article confronts growing conservative opposition to abortion based on the slippery slope claim that abortion is morally equivalent to infanticide. By examining the relationship between moral skepticism and precautionary ethics the article promotes completely the permissive position on abortion from conception to birth while consistently rejecting the possibility that such a position entails permissive implications for infanticide. The article introduces and traces the implicit relationship between moral skepticism, the precautionary principle and political liberalism.
Regular Second Order Perturbations Of Binary Black Holes: The Extreme Mass Ratio Regime, Carlos O. Lousto, Hiroyuki Nakano
Regular Second Order Perturbations Of Binary Black Holes: The Extreme Mass Ratio Regime, Carlos O. Lousto, Hiroyuki Nakano
Articles
In order to derive the precise gravitational waveforms for extreme mass ratio inspirals (EMRI), we develop a formulation for the second order metric perturbations produced by a point particle moving in the Schwarzschild spacetime. The second order waveforms satisfy a wave equation with an effective source build up from products of the first order perturbations and its derivatives. We have explicitly regularized this source at the horizon and at spatial infinity. We show that the effective source does not contain squares of the Dirac’s delta and that perturbations are regular at the particle location. We introduce an asymptotically flat gauge …
Next Door They Have Regulation, But Not Here …: Assessing The Opinions Of Actors In The Opaque World Of Unregulated Lobbying, John Hogan
Articles
The lobbying of government by various interests is regarded as central to the democratic process. Deliberative democratic theorists tell us that the regulation of lobbying has a positive effect on political systems, and the behaviour of those within them. Yet, only a small number of democracies have implemented legislation regulating lobbyists’ activities. Even within these countries, certain jurisdictions still have not enacted lobbying regulations. Here we examine the attitudes of actors in these unregulated provinces, states and institutions towards the idea of lobbying legislation. This ensures that in the broader context the actors we deal with have knowledge of lobbying …
The Consequences Of Technostress For End Users In Organizations: Conceptual Development And Empirical Validation, T. Ragu-Nathan, Monideepa Tarafdar, Bhanu Ragu-Nathan
The Consequences Of Technostress For End Users In Organizations: Conceptual Development And Empirical Validation, T. Ragu-Nathan, Monideepa Tarafdar, Bhanu Ragu-Nathan
Articles
The research reported in this paper studies the phenomenon of technostress, that is, stress experienced by end users of Information and Communication Technologies (ICTs), and examines its influence on their job satisfaction, commitment to the organization, and intention to stay. Drawing from the Transaction-Based Model of stress and prior research on the effects of ICTs on end users, we first conceptually build a nomological net for technostress to understand the influence of technostress on three variables relating to end users of ICTs: job satisfaction, and organizational and continuance commitment. Because there are no prior instruments to measure constructs related to …
A 60 Ghz Wireless Network For Enabling Uncompressed Video Communication, Harkirat Singh, Jisung Oh, Changyeul Kweon, Xiangping Qin, Huai-Rong Shao, Chiu Ngo
A 60 Ghz Wireless Network For Enabling Uncompressed Video Communication, Harkirat Singh, Jisung Oh, Changyeul Kweon, Xiangping Qin, Huai-Rong Shao, Chiu Ngo
Articles
Uncompressed high-definition video streaming over wireless personal area networks is a challenging problem because of the high data rate requirement and channel variations. With the advances in RF technology and the huge bandwidth available worldwide in the 57–66 GHz millimeter-wave unlicensed spectrum, mmWave WPANs that can support multigigabit transmission are being developed. However, compared to low-frequency signals (2.4 or 5 GHz), mmWave signals are more fragile; indeed, the propagation losses are significantly higher. In this article we present an mmWave system for supporting uncompressed HD video up to 3 Gb/s. The system includes various efficient error protection and concealment schemes …
Private Equity's Three Lessons For Agency Theory, William Wilson Bratton
Private Equity's Three Lessons For Agency Theory, William Wilson Bratton
Articles
It is time to consider the lessons to be learned from the recent boom in private equity buyouts, not least in view of its abrupt termination in the wake of tightened credit. In the past, such inquiries have been undertaken in the context of agency theory and have focused on the buyout's implications for solving the problem of separation of ownership and control. This article reverses the pattern of inquiry to consider the buyout's implications for agency theory, pointing to three lessons. The first lesson addresses agency theory's three-way association among control transfers, governance discipline and hostile takeovers, suggesting that …
Optimal Resource Management In The Presence Of A Deleterious Alien Species: A Stochastic Model For An Orchard, Amitrajeet A. Batabyal, Peter Nijkamp
Optimal Resource Management In The Presence Of A Deleterious Alien Species: A Stochastic Model For An Orchard, Amitrajeet A. Batabyal, Peter Nijkamp
Articles
Various plants and resources such as orchards are vulnerable to the detrimental effects of successful invasions by alien animal or plant species. To outline an appropriate policy response, we first use renewal theory to construct a stochastic model of optimal orchard management in the presence of a deleterious alien species. Next, we derive the orchard manager’s long run expected cost (LREC) of orchard management per unit time. Finally, we show that when confronted with a successful biological invasion, the optimal number of trees that need to be removed and replanted in order to keep the orchard under study sustainable in …
The Decline And Fall Of At&T: A Personal Recollection, Richard A. Posner
The Decline And Fall Of At&T: A Personal Recollection, Richard A. Posner
Articles
No abstract provided.
Reviewing Digital Scholarship: The Need For Discipline-Based Peer Review, Jeanne Glaubitz Cross
Reviewing Digital Scholarship: The Need For Discipline-Based Peer Review, Jeanne Glaubitz Cross
Articles
Digital scholarship connects scholarly research to students and the public in nontraditional ways. Authors present research in a digital form, which may include links to primary source material and teaching guides. In this format, design and accessibility are important, and unfortunately, those quick to dismiss all digital work as teaching or outreach can overlook the research element. The confusion over what digital scholarship is and how to evaluate it raises questions that can affect promotion and tenure decisions in academic institutions. This paper will examine issues surrounding the availability of peer review for digital scholarship, especially in the field of …
The Pluralistic Universe Of Law Towards A Neo-Classical Legal Pragmatism, Susan Haack
The Pluralistic Universe Of Law Towards A Neo-Classical Legal Pragmatism, Susan Haack
Articles
After a brief sketch of the history of philosophical pragmatism generally, and of legal pragmatism specifically (section 1), this paper develops a new, neo-classical legal pragmatism: a theory of law drawing in part on Holmes, but also on ideas from the classical pragmatist tradition in philosophy. Main themes are the "pluralistic universe" of law (section 2); the evolution of legal systems (section 3); the place of logic in the law (section 4); and the relation of law and morality (section 5).
John C. H. Wu At The University Of Michigan School Of Law, Xiuqing Li
John C. H. Wu At The University Of Michigan School Of Law, Xiuqing Li
Articles
The following is an English language translation of a 2008 Chinese language article on John C.H. Wu, Soochow Law School LL.B. 1920 and Michigan Law School, J.D. 1921, by Professor Li Xiuqing of Shanghai's East China University of Political Science and Law. Li is a specialist in Chinese and foreign legal history, with a focus on the transplant of Western and Japanese law into China during the late imperial and modern era. She also serves as the Secretary-General of the China Foreign Legal History Association. In 2006-07, Li was a Fulbright Scholar at the University of Michigan Law School, where …
Detection Of Staphylococcal Cassette Chromosome Mec Associated Dna Segments In Multiresistant Mssa And Identification Of Staphylococcus Epidermidis Ccrab4, Celine Herra, Anna Shore, Brian O’Connell,, Angela Rossney,, Derek Sullivan, Hilary Humphreys, David Coleman
Detection Of Staphylococcal Cassette Chromosome Mec Associated Dna Segments In Multiresistant Mssa And Identification Of Staphylococcus Epidermidis Ccrab4, Celine Herra, Anna Shore, Brian O’Connell,, Angela Rossney,, Derek Sullivan, Hilary Humphreys, David Coleman
Articles
Methicillin-susceptible Staphylococcus aureus (MSSA) can arise from methicillin-resistant S. aureus (MRSA) following partial or complete excision of staphylococcal cassette chromosome mec (SCCmec). This study investigated whether multiresistant MSSA isolates from Irish hospitals, where MRSA has been endemic for decades, harbor SCCmec DNA. Twenty-five multiresistant MSSA isolates recovered between 2002 and 2006 were tested for SCCmec DNA by PCR and were genotyped by multilocus sequence typing and spa typing. All isolates lacked mecA. Three isolates (12%) harbored SCCmec DNA; two of these (genotype ST8 t190) harbored a 26-kb SCCmec IID (II.3.1.2) remnant that lacked part of mecI and all of mecR1, …
Today, It's Out With The Old And In With The Renewable, Ashok Rao
Today, It's Out With The Old And In With The Renewable, Ashok Rao
Articles
No abstract provided.
Dissertation Citations In Organismal Biology At Southern Illinois University At Carbondale: Implications For Collection Development, Jonathan Nabe, Andrea Imre
Dissertation Citations In Organismal Biology At Southern Illinois University At Carbondale: Implications For Collection Development, Jonathan Nabe, Andrea Imre
Articles
We report on a citation analysis of PhD dissertations in Plant Biology and Zoology at Southern Illinois University Carbondale, undertaken to test the common assumption that scientists favor current research to such an extent that journal backfiles can be de-emphasized in academic library collections. Results demonstrate otherwise. The study is reproducible for any institution, and can help to evaluate 1) the value of electronic journal backfiles and 2) the need to maintain print backfiles.
Enforcing Dividend Withholding On Derivatives, Reuven S. Avi-Yonah
Enforcing Dividend Withholding On Derivatives, Reuven S. Avi-Yonah
Articles
The United States imposes a 30 percent withholding tax on dividends paid to nonresident aliens. However, this tax is rarely paid by portfolio investors because they can swap into U.S. securities, receiving payments to match both capital gain and dividends. Treasury has ruled that swap payments have an origin in the taxpayer’s residence so there is no withholding obligation on payments that match dividends. The proposal would impose withholding tax on dividend equivalents on the ground that there is no policy justification for a distinction between dividends, substitute dividends under securities lending transaction (which are treated as dividends and are …
High Accuracy Imaging Polarimetry With Nicmos, Daniel Batcheldor, G. Schneider, D.C. Hines, G. D. Schmidt, David J. Axon, Andew Robinson, W. Sparks, C. Tadhunter
High Accuracy Imaging Polarimetry With Nicmos, Daniel Batcheldor, G. Schneider, D.C. Hines, G. D. Schmidt, David J. Axon, Andew Robinson, W. Sparks, C. Tadhunter
Articles
The ability of NICMOS to perform high accuracy polarimetry is currently hampered by an uncalibrated residual instrumental polarization at a level of 1.2−1.5%. To better quantify and characterize this residual we obtained observations of three polarimetric standard stars at three separate space-craft roll angles. Combined with archival data, these observations were used to characterize the residual instrumental polarization to enable NICMOS to reach its full polarimetric potential. Using these data, we calculate values of the parallel transmission coefficients that reproduce the ground-based results for the polarimetric standards. The uncertainties associated with the parallel transmission coefficients, a result of the photometric …
The Politics Of Economic Performance, And The Trade Union Movement, 1970-1982, John Hogan, Gary Murphy
The Politics Of Economic Performance, And The Trade Union Movement, 1970-1982, John Hogan, Gary Murphy
Articles
Here we argue that the relationship between the main Irish political parties and the trade unions, in the 1970s, was largely based upon political imperatives, with an economic subtext. The absence of strong ideological difference between the two largest Irish political parties meant they were willing to deal with the trade union moment in a somewhat similar fashion. At the start of the 1970s, the Fianna Fail government prodded the ICTU into a “voluntary” national wage agreement. This agreement was regarded as a means of stabilising the economy, attracting foreign investment, and improving Fianna Fail’s image with the electorate. While …
Critical Junctures? Privatization Policy In Brazil And Argentina At The Start Of The Century, John Hogan
Critical Junctures? Privatization Policy In Brazil And Argentina At The Start Of The Century, John Hogan
Articles
This paper uses the critical junctures framework developed by Hogan and Doyle (2007) to determine if there were critical junctures in privatization policy in Brazil and Argentina at the start of the 21st century. The framework constitutes a rigorous approach to the identification of crisis, ideational change, and policy change. It is used to examine the economic disasters in Brazil in 1999 and Argentina in 2001. Previously, we would have had to wait decades before making such an assessment, as there were few tools with which to identify critical junctures, and these were usually only effective long after the event.