Digital Commons Network^™

On The Fortieth Anniversary Of The Miranda Case: Why We Needed It, How We Got It--And What Happened To It, Yale Kamisar

Articles

Last year (the year I gave the talk on which this article is based) marked the fortieth anniversary of Miranda v. Arizona,' one of the most praised, most maligned-and probably one of the most misunderstood-Supreme Court cases in American history. It is difficult, if not impossible, to evaluate Miranda without looking back at the test for the admissibility of confessions that preceded it.

Francis A. Allen--Architect Of Modern Criminal Procedure Scholarship, Yale Kamisar

Articles

Francis A. Allen, who spent the last eight years of his distinguished teaching career at the University of Florida, Fredric G. Levin College of Law, died at the age of eighty-seven. He was a leading figure in law teaching, and the legal profession generally, for more than four decades.

The Civil Rights Litigation Clearinghouse: A New Digitized Archive At Washington University In St. Louis, Margo Schlanger

Articles

In November 2006, Washington University School of Law launched a new internet resource, the Civil Rights Litigation Clearinghouse. Completely free and accessible to the public, its web address is . The Clearinghouse vastly expands tie availability of information about and documents from civil rights cases of many different types, allowing researchers to find and read source documents and litigation summaries for over eighteen hundred litigations (and counting). The collection is organized by case; it follows cases from their start to finish, however many courts or opinions are involved, and however long the case takes. For each entry, in the collection, …

A Cuban Connection: Edwin F. Atkins, Charles Francis Adams, Jr., And The Former Slaves Of Soledad Plantation, Rebecca J. Scott

Articles

Edwin F. Atkins and Charles Francis Adams, Jr., stand out on this stage not as major players but as a particularly intriguing Boston connection. Among the truly major players, planters like Juli?n Zulueta and the Count of Casa More owned hundreds of slaves and shaped Spanish policy. On the Cuban nationalist side, few could equal the impact of Antonio Maceo, the mulato insurgent general who insisted on full emancipation at the end of the 1868-1878 war, or the thousands of rebels who fought under the orders of rebel generals Maceo and Maximo Gomez. As the master of some ninety-five patrocinados …

Interdisciplinary Clinical Teaching Of Child Welfare Practice To Law And Social Work Students When World Views Collide, Kathleen Coulborn Faller, Frank E. Vandervort

Articles

Because child welfare cases in the world of professional practice require interdisciplinary collaboration, it would seem to follow that graduate students, who will become child welfare professionals, should be trained together, both in the classroom and in clinical settings. However, the implementation of interdisciplinary training is far from straightforward. In this Article, we focus on law and social work students. First, we describe the roles of lawyers and social worker in child welfare work. Next we argue that interdisciplinary classroom teaching is easier than clinical teaching, proposing a series of topics to be covered in an interdisciplinary course. Finally, we …

Public Rights And Private Commerce: A Nineteenth-Century Atlantic Creole Itinerary, Rebecca J. Scott

Articles

Tracing the history of a family across three generations, from enslavement in eighteenth-century West Africa through emancipation during the Haitian Revolution and subsequent resettlement in New Orleans, then France, then Belgium, can shed light on phenomena that are Atlantic in scope. A business letter written in 1899 by the cigar merchant Edouard Tinchant to General Máximo Gómez in Cuba frames an inquiry that opens out onto a family itinerary that spanned the long nineteenth century. Rosalie Vincent’s achievement of freedom in the shadow of slavery in Saint-Domingue in 1793–1803 can be seen as linked to her grandson Edouard Tinchant’s participation …

Dividend Policy Inside The Multinational Firm, Mihir A. Desai, C. Fritz Foley, James R. Hines Jr.

Articles

This paper examines the determinants of profit repatriation policies for US multinational firms. Dividend repatriations are surprisingly persistent and resemble dividend payments to external shareholders. Tax considerations influence dividend repatriations, but not decisively, as differentially-taxed entities feature similar policies and some firms incur avoidable tax penalties. Parent companies requiring cash to fund domestic investments, or to pay dividends to common shareholders, draw on the resources of their foreign affiliates through repatriations. Incompletely controlled affiliates are more likely than others to make regular dividend payments and to trigger avoidable tax costs through repatriations. The results indicate that traditional corporate finance concerns …

A Hidden History Of Affirmative Obligation, Patrick O. Gudridge

Articles

No abstract provided.

Improved Nitrate Sensing Using Ion Selective Electrodes Based On Urea–Calixarene Ionophores, Benjamin Schazmann, Dermot Diamond

Articles

Urea–calix[4]arenes 1 and 2 were synthesised and incorporated into ISE membranes for assessment as sensors for inorganic anions in water. 1 revealed a strong response to all anions following the Hofmeister selectivity order. For ISEs of 2, the response to a portion of the anion series was suppressed, increasing the margin of selectivity of nitrate over chloride, a common interferant of nitrate in fresh and marine water samples. The performance of ISEs containing 2 was compared to commercially available alkylammonium nitrate ion-exchange salts used for nitrate sensing. Our ISEs performed favourably in terms of sensitivity, linear range and LOD performing …

A Novel Tio2 / Pvc Layer For Use In A Photoelectrochemical Cell, Faiza Touati, John Cassidy, Kevin Mcguigan

Articles

A novel method of coating titanium dioxide on a glassy carbon electrode as a polyvinylchloride composite , is described. On illumination , there is an enhanced voltammetric current at this TiO2/PVC composite in aqueous formic acid solution. This electrode is used as the basis of a formic acid fuel cell where oxygen is reduced at a platinum cathode. The system yields 100 cm-2 for 0.01 mol dm-3 HCOOH in 0.1 mol dm-3 NaOH under illumination from a 150 W xenon lamp. The current without illumination is 0.5 cm-2.

A Simple Sol-Gel Processing For The Development Of High-Temperature Stable Photoactive Anatase Titania, Suresh Pillai, Declan Mccormack, John Colreavy

Articles

No abstract provided.

Against Irreparable Benefits, Omri Ben-Shahar

Articles

In a recent essay in The Yale Law Journal, Douglas Lichtman argues that courts considering preliminary injunctions should account for irreparable benefits in addition to irreparable harms. This is a provocative idea. If a preliminary injunction harms one party but benefits the other, and if both effects are equally difficult to subsequently undo, why focus on one effect (harm) and ignore the other (benefit)? There is a compelling geometric validity to this symmetry observation. But is this a valuable “flipping” exercise? Does it shed a new light and provide useful insight into the law of injunctions? In this Response I …

Francis A. Allen--The Gainesville Years, Jerold H. Israel

Articles

If the legal academy had a Hall of Fame, Frank Allen would surely be a first ballot, unanimous selection.' His nominators need only recite the bare-bones record of his career-his publications, his public service, his years of accomplished teaching, and the many honors he received. That record is neatly capsulized in an obituary, published in the Gainesville Sun, largely written by Frank and June's son, Neil (Neil was also Franks's coauthor on Frank's last publication2). In a concise, precise fashion, reminiscent of Frank's own writings, the obituary not only describes Frank's many accomplishments, but also touches upon his character and …

Patent Symmetry, Alan L. Durham

Articles

The patent system suggests a natural symmetry if nonobvious changes are enough to distinguish a patentable invention from the prior art then further nonobvious changes should be enough to avoid infringing the patent Logical as this seems the courts have adopted the notoriously difficult standard of insubstantial differences rather than nonobviousness as the ultimate test of infringement In this article I consider the possibility of a genuinely symmetrical patent system and find the difficulties profound However I conclude that a semisymmetrical adaptation of the nonobviousness standard of patentability could provide a superior infringement analysis an analysis more objective in application …

Wireless Video Telephony Performance Enhancements: Towards Applied Network Engineering Approach, Justin Madigan, Fei Hu

Articles

The aim of this network engineering research is to improve video transmission performance (such as end-to-end delay) in video telephony applications in cellular network scenarios. There exists a definite need for quality-of-service (QoS) and guaranteed throughput when using streaming media. However, in wireless environments where resources are precious, this is often not possible, especially with a large user base that is communicating simultaneously. Not only does traffic load pose a problem, but also the inherent instability of the radio links makes the task considerably more difficult. This presents the need for a new method for undertaking the task of wireless …

Internet Protocol Television (Iptv): The Killer Application For The Next-Generation Internet, Yang Xiao, Xiaojiang Du, Jingyuan Zhang

Articles

Internet Protocol Television (IPTV) will be the killer application for the next-generation Internet and will provide exciting new revenue opportunities for service providers. However, to deploy IPTV services with a full quality of service (QoS) guarantee, many underlying technologies must be further studied. This article serves as a survey of IPTV services and the underlying technologies. Technical challenges also are identified.

Application Of Soft Computing Techniques To Estimate The Effective Young's Modulus Of Thin Film Materials, Ajay Pasupuleti, Ferat Sahin

Articles

This research aims at characterizing and predicting the Young’s Modulus of thin film materials that are utilized in Microelectromechanical systems (MEMS). Recent studies indicate that the mechanical properties such as Young’s Modulus of thin films are significantly different from the bulk values. Due to the lack of proper understanding of the physics in the micro-scale domain the state-of-art estimation techniques are unreliable and often unfit for use for predicating the mechanical behavior of slight modifications of existing designs as well as new designs. This disadvantage limits the MEMS designers to physical prototyping which is cost ineffective and time consuming. As …

Decision Theoretic Agent Design For Personal Rapid Transit Systems, Iheanyi Umez-Eronini, Ferat Sahin

Articles

This paper details a learning decision-theoretic intelligent agent designed to solve the problem of guiding vehicles in the context of Personal Rapid Transit (PRT). The intelligent agents are designed using Bayesian Decision Networks. The agents are designed to utilize the known methods of machine learning with Bayesian Networks (BN): parameter learning and structure learning. In addition, a new method of machine learning with BNs, termed utility learning in this paper, is introduced. BN software for Matlab is used to realize the proposed agent. Additional software is written to simulate the PRT problem using various intelligent agents that utilize one or …

The Acs Virgo Cluster Survey Xii: The Luminosity Function Of Globular Clusters In Early Type Galaxies, Andrés Jordán, Dean Mclaughlin, Patrick Côté, Laura Ferrarese, Eric W. Peng, Simona Mei, Daniela Villegas, David Merritt, John L. Tonry, Michael J. West

Articles

We analyze the luminosity function of the globular clusters (GCs) belonging to the early-type galaxies observed in the ACS Virgo Cluster Survey. We have obtained maximum likelihood estimates for a Gaussian representation of the globular cluster luminosity function (GCLF) for 89 galaxies. We have also fit the luminosity functions with an “evolved Schechter function”, which is meant to reflect the preferential depletion of low-mass GCs, primarily by evaporation due to two-body relaxation, from an initial Schechter mass function similar to that of young massive clusters in local starbursts and mergers. We find a highly significant trend of the GCLF dispersion …

Organizations Around Deaf Rochester, Wendy Dimatteo

Articles

No abstract provided.

Alcohol And Drug Use During Pregnancy, Bruce Pemberton

Articles

No abstract provided.

More Complex Photogrammetry Projects, Andrew Davidhazy

Articles

Photography can be used for more than simply recording subjects and this article describes how it might be used in a science classroom as the basis for making measurements "on a shoestring". Added here in April 2007 although probably written in the early 1980s.

Making Orange Juice In A Flash, Andrew Davidhazy

Articles

A "vintage" article from June 2, 1980 in which a local newspaper (UPSTATE magazine) describes some high speed photography activities in A.Davidhazy's laboratory at RIT. Added here on a slow day in August 2007.

Basic Photogrammetry Techniques, Andrew Davidhazy

Articles

Before computers and photogrammetry related image processing programs much of the work of extracting information from aerial photographs was done by hand. Here are several very basic methods for finding out such things as the elevation above base of vertical objects, determining area of an irregular subject, determining area by graphical means and height of objects based on shadow. Added here in April 2007.

Multimodal Display Techniques With Application To Breast Imaging, Kimberly Rafferty, Karl Baum, Evan Schimdt, Andrzej Krol, Maria Helguera

Articles

Application of a multimodality approach is advantageous for detection, diagnosis and management of breast cancer. In this context, F-18-FDG positron emission tomography (PET), and high-resolution and dynamic contrast-enhanced magnetic resonance imaging (MRI) have steadily gained clinical acceptance. Obtaining the spatial relationships between these modalities and conveying them to the observer maximizes the benefit that can be achieved. Traditionally the registered images are displayed side by side. However, it is believed that a combined MRI/PET display may be more beneficial. The advantage of a combined image lies in our inability to visually judge spatial relationships between images when they are viewed …

The Magnificence Of The Disaster: Reconstructing The Sony Bmg Rootkit Incident, Deirdre K. Mulligan, Aaron Perzanowski

Articles

Late in 2005, Sony BMG released millions of Compact Discs containing digital rights management technologies that threatened the security of its customers' computers and the integrity of the information infrastructure more broadly. This Article aims to identify the market, technological, and legal factors that appear to have led a presumably rational actor toward a strategy that in retrospect appears obviously and fundamentally misguided.

The Article first addresses the market-based rationales that likely influenced Sony BMG's deployment of these DRM systems and reveals that even the most charitable interpretation of Sony BMG's internal strategizing demonstrates a failure to adequately value security …

Forfeiture Of The Confrontation Right After Crawford And Davis, Richard D. Friedman

Articles

So my topic this morning is on forfeiture of the confrontation right, which I think plays a central role in confrontation doctrine. And to try to present that, let me state the entirety of confrontation doctrine as briefly as I can. This is, at least, what I think the doctrine is and what it can be: A testimonial statement should not be admissible against an accused to prove the truth of what it asserts unless the accused either has had or will have an opportunity to confront the witness-which should occur at trial unless the witness is then unavailable-or has …

The Internal Markets Of Multinational Firms, Mihir A. Desai, C. Fritz Foley, James R. Hines Jr.

Articles

The rising economic importance of multinational firms has been accompanied by significant changes in their structure and functioning. Multinational firms, historically characterized as webs of autonomous subsidiaries spread across countries, now represent globally integrated production systems serving worldwide customers. These changes are manifest in the rising significance of intrafirm trade and financial flows for these firms. While there is extensive analysis of aggregate patterns in intrafirm flows of goods and capital, few firm-based studies examine the workings of the internal markets of multinational firms, largely because of the difficulty in accessing the necessary data. A number of our recent projects …

Taxing Consumption And Other Sins, James R. Hines Jr.

Articles

Federal and state governments in the United States use income and payroll taxes as their primary tools to collect revenue. In the rest of the world, governments also use income and payroll taxes, but rely much more heavily than does the United States on taxing consumption. Consumption taxes take many forms, including general sales taxes, value-added taxes, and excise taxes on the consumption of specific items including gasoline, alcohol, tobacco products, firearms, air travel, telephone communication, and others. The U.S. government does not use a value-added tax, making the United States unique among high-income countries and a rarity in the …

A Gambling Paradox: Why An Origin-Neutral 'Zero-Quota' Is Not A Quota Under Gats Article Xvi, Donald H. Regan

Articles

In US-Gambling, the Appellate Body held that an origin-neutral prohibition on remote gambling (which is how they mostly viewed the United States law) was "in effect" a "zero-quota", and that such a "zero-quota" violated GATS Article XVI:2. That holding has been widely criticized, especially for what critics refer to as the Appellate Body's "effects test". This article argues that the Appellate Body's "in effect" analysis is not an "effects test" and is not the real problem. The real mistake is regarding a so-called "zero-quota" as a quota under Article XVI. That is inconsistent with the ordinary meaning of the word …