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Articles 13501 - 13530 of 20106

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I'D Like To Teach The World To Sing (In Perfect Harmony): International Judicial Dialogue And The Muses - Reflections Of The Perils And The Promise Of International Judicial Dialogue 2006 Survey Of Books Relating To The Law - Part V: International And Comparative Law, Ronald J. Krotoszynski Jr. Jan 2005

I'D Like To Teach The World To Sing (In Perfect Harmony): International Judicial Dialogue And The Muses - Reflections Of The Perils And The Promise Of International Judicial Dialogue 2006 Survey Of Books Relating To The Law - Part V: International And Comparative Law, Ronald J. Krotoszynski Jr.

Articles

No abstract provided.


Commentary On Government Incentives To Promote Renewable Energy In The United States By Professor Wang Mingyuan Institute For International Law And Public Policy: 2004 U.S.-China Environmental Law And Policy Roundtable: Comment, William L. Andreen Jan 2005

Commentary On Government Incentives To Promote Renewable Energy In The United States By Professor Wang Mingyuan Institute For International Law And Public Policy: 2004 U.S.-China Environmental Law And Policy Roundtable: Comment, William L. Andreen

Articles

No abstract provided.


The Personal Jurisdiction Problem Overlooked In The National Debate About Class Action Fairness, Carol Rice Andrews Jan 2005

The Personal Jurisdiction Problem Overlooked In The National Debate About Class Action Fairness, Carol Rice Andrews

Articles

No abstract provided.


Resistances To Reforming Corporate Governance: The Diffusion Of Qlccs, Robert Eli Rosen Jan 2005

Resistances To Reforming Corporate Governance: The Diffusion Of Qlccs, Robert Eli Rosen

Articles

No abstract provided.


Legal Reform And Social Justice: An Introduction To Latcrit Theory, Praxis And Community, Francisco Valdes Jan 2005

Legal Reform And Social Justice: An Introduction To Latcrit Theory, Praxis And Community, Francisco Valdes

Articles

This article provides a general overview of LatCrit theory as a genre of contemporary critical legal scholarship. LatCrit theory self-consciously does not limit itself to law or to scholars: students, activists and other interested parties from various disciplines, backgrounds and regions, help to constitute LatCrit theory as a collective enterprise in every respect. The ties that bind this fluid group together are a shared commitment to antisubordination purpose and praxis. The article begins with a brief account of the jurisprudential context for the emergence of LatCrit theory in 1995, then briefly describes the origins and evolution of this enterprise, before …


Earl Warren: Law Enforcement Leads To Defendants' Rights, Yale Kamisar Jan 2005

Earl Warren: Law Enforcement Leads To Defendants' Rights, Yale Kamisar

Articles

Before becoming governor of California, Earl Warren spent 22 years in law enforcement: five as a deputy district attorney (1920- 25); thirteen as head of the Alameda County district attorney's office (1925-38); and four as state attorney general (1939-42). My thesis is that Warren's many years in law enforcement significantly affected his work as Chief Justice of the United States.


The Problem Of New Uses, Rebecca S. Eisenberg Jan 2005

The Problem Of New Uses, Rebecca S. Eisenberg

Articles

Discovering new uses for drugs that are already on the market seems like it ought to be the low-lying fruit of biopharmaceutical research and development (R&D). Firms have already made significant investments in developing these drugs and bringing them to market, including testing them in clinical trials, shepherding them through the FDA regulatory approval process, building production facilities, and training sales staff to market them to physicians. By this point, the drugs have begun to enjoy goodwill among patients and physicians and casual observations in the course of clinical experience may point to potential new uses. One might expect that …


Is There A Subjective Element In The Refugee Convention's Requirement Of 'Well-Founded Fear'?, James C. Hathaway, William S. Hicks Jan 2005

Is There A Subjective Element In The Refugee Convention's Requirement Of 'Well-Founded Fear'?, James C. Hathaway, William S. Hicks

Articles

Linguistic ambiguity in the refugee definition's requirement of "well-founded fear" of being persecuted has given rise to a wide range of interpretations. There is general agreement that a fear is "well-founded" only if the refugee claimant faces an actual, forward-looking risk of being persecuted in her country of origin (the "objective element"). But it is less clear whether the well-founded "fear" standard also requires a showing that the applicant is not only genuinely at risk, but also stands in trepidation of being persecuted. Beyond vague references to the subjective quality of "fear," few courts or commentators have undertaken the task …


What Counts As Fraud? An Empirical Study Of Motions To Dismiss Under The Private Securities Litigation Reform Act, Adam C. Pritchard, Hillary A. Sale Jan 2005

What Counts As Fraud? An Empirical Study Of Motions To Dismiss Under The Private Securities Litigation Reform Act, Adam C. Pritchard, Hillary A. Sale

Articles

This article presents the findings of a study of the resolution of motions to dismiss securities fraud lawsuits since the passage of the Private Securities Litigation Reform Act (PSLRA) in 1995. Our sample consists of decisions on motions to dismiss in securities class actions by district and appellate courts in the Second and Ninth Circuits for cases filed after the passage of the Reform Act to the end of 2002. These circuits are the leading circuits for the filing of securities class actions and are generally recognized as representing two ends of the securities class action spectrum. Post-PSLRA, the Second …


Reaching Disclosure, Carl E. Schneider Jan 2005

Reaching Disclosure, Carl E. Schneider

Articles

It is easy to forget but crucial to remember that when lawmakers decide to regulate an activity, they must select a method. The law of bioethics particularly favors one method-requiring disclosure of information. The doctrine of informed consent obliges doctors to tell patients their treatment choices. The administrative law of research ethics insists that researchers warn subjects of the risks of experiments. The Patient Self-Determination Act compels medical institutions to remind patients about advance directives. The federal government's new privacy regulations instruct medical institutions to describe their privacy regime to patients. Not just the law of bioethics, but health law …


Tax Law Uncertainty And The Role Of Tax Insurance, Kyle D. Logue Jan 2005

Tax Law Uncertainty And The Role Of Tax Insurance, Kyle D. Logue

Articles

In the broadest sense, this is an article about legal or regulatory uncertainty and the role that private and public insurance can play in managing it. More narrowly, the article is about tax law enforcement and the familiar if ill-defined distinctions between tax evasion, tax avoidance, and abusive tax avoidance. Most specifically, the article is about a new type of tax risk insurance policy, sometimes called tax indemnity insurance or transactional tax risk insurance that provides coverage against the risk that the Internal Revenue Service (Service) will disallow a taxpayer-insured's tax treatment of a particular transaction. The question is whether …


Detroit Area Study On Financial Services: What? Why? How?, Michael S. Barr Jan 2005

Detroit Area Study On Financial Services: What? Why? How?, Michael S. Barr

Articles

The following article is based on a talk give by Assistant Professor of Law Michael S. Barr to the University of Texas Law School-Harvard Law School Joint Conference on Commercial Law Realities in Austin, Texas, in April. Barr was selected by the University of Michigan’s Institute for Social Research, Survey Research Center to be the faculty investigator for the Detroit Area Study, which the University has conducted for more than 50 years. Barr is using the study to explore the financial services needs of low- and moderate-income households, building on his groundbreaking analysis in Banking the Poor. Barr raised a …


Confrontation After Crawford, Richard D. Friedman Jan 2005

Confrontation After Crawford, Richard D. Friedman

Articles

The following edit excerpt, drawn from "The Confrontation Clause Re-Rooted and Transformed," 2003-04 Cato Supreme Court Review 439 (2004), by Law School Professor Richard D. Friedman, discusses the impact, effects, and questions generated by the U.S. Supreme Court's ruling in Crawford v. Washington last year that a defendant is entitled to confront and cross-examine any testimonial statement presented against him. In Crawford, the defendant, charged with attacking another man with a knife, contested the trial court's admission of a tape-recorded statement his wife made to police without giving him the opportunity to cross-examine. The tiral court admitted the statement, and …


Damage Caps: Recent Trends In American Tort Law, Mark K. Osbeck Jan 2005

Damage Caps: Recent Trends In American Tort Law, Mark K. Osbeck

Articles

Damage caps and other limitations on damages have become increasingly important in American tort law during the past thirty years. This trend shows no signs of abating; in fact, it has gained increasing momentum since President Bush took office in 2001. This chapter traces the evolution of damage caps and other limitations on damages and provides a summary of recent developments in this area.


Exonerations In The United States 1989 Through 2003, Samuel R. Gross, Kriten Jacoby, Daniel J. Matheson, Nicholas Montgomery, Sujata Patil Jan 2005

Exonerations In The United States 1989 Through 2003, Samuel R. Gross, Kriten Jacoby, Daniel J. Matheson, Nicholas Montgomery, Sujata Patil

Articles

On August 14, 1989, the Cook County Circuit Court in Chicago, Illinois, vacated Gary Dotson's 1979 rape conviction and dismissed the charges.1 Mr. Dotson-who had spent ten years in and out of prison and on parole for this conviction-was not the first innocent prisoner to be exonerated and released in America. But his case was a breakthrough nonetheless: he was the first who was cleared by DNA identification technology. It was the beginning of a revolution in the American criminal justice system. Until then, exonerations of falsely convicted defendants were seen as aberrational. Since 1989, these once-rare events have become …


An Assessment Of Case-Based Reasoning For Spam Filtering, Sarah Jane Delany, Padraig Cunningham, Lorcan Coyle Jan 2005

An Assessment Of Case-Based Reasoning For Spam Filtering, Sarah Jane Delany, Padraig Cunningham, Lorcan Coyle

Articles

Because of the changing nature of spam, a spam filtering system that uses machine learning will need to be dynamic. This suggests that a case-based (memory-based) approach may work well. Case-Based Reasoning (CBR) is a lazy approach to machine learning where induction is delayed to run time. This means that the case base can be updated continuously and new training data is immediately available to the induction process. In this paper we present a detailed description of such a system called ECUE and evaluate design decisions concerning the case representation. We compare its performance with an alternative system that uses …


On Torsion-Free Crawley Groups, Brendan Goldsmith, A. L. S. Corner, R. Gobel Jan 2005

On Torsion-Free Crawley Groups, Brendan Goldsmith, A. L. S. Corner, R. Gobel

Articles

The notion of a Crawley p-group is well known in Abelian group theory. In this present work, a corresponding concept is introduced for torsion-free groups. The principal result, which uses the set-theoretic notions of the diamond and Martin’s axiom, establishes an independence result for N1-free Crawley groups.


An Explicit Mapping Between The Frequency Domain And The Time Domain Representations Of Nonlinear Systems, Marissa Condon, Rossen Ivanov Jan 2005

An Explicit Mapping Between The Frequency Domain And The Time Domain Representations Of Nonlinear Systems, Marissa Condon, Rossen Ivanov

Articles

Explicit expressions are presented that describe the input-output behaviour of a nonlinear system in both the frequency and the time domain. The expressions are based on a set of coefficients that do not depend on the input to the system and are universal for a given system. The anharmonic oscillator is chosen as an example and is discussed for different choices of its physical parameters. It is shown that the typical approach for the determination of the Volterra Series representation is not valid for the important case when the nonlinear system exhibits oscillatory behaviour and the input has a pole …


Manev Potential And General Relativity, Rossen Ivanov, Emil Prodanov Jan 2005

Manev Potential And General Relativity, Rossen Ivanov, Emil Prodanov

Articles

Manevis classical potential is known to successfully modify Newtonian celestial mechanics, in accordance with the general-relativistic description. The idea of replacing the exact solution of Einsteinis equations, describing orbiting bodies, with a classical potential is widely used today. These models are not restricted to planetary motion only, but also include numerous interesting astrophysical phenomena such as accretion of matter around black holes or massive stars.


Zeros Of The Jost Function For A Class Of Exponentially Decaying Potentials, Daphne Gilbert, Alain Kerouanton Jan 2005

Zeros Of The Jost Function For A Class Of Exponentially Decaying Potentials, Daphne Gilbert, Alain Kerouanton

Articles

We investigate the properties of a series representing the Jost solution for the differential equation $-y''+q(x)y=lambda y$, $x geq 0$, $q in mathrm{L}({mathbb{R}}^{+})$. Sufficient conditions are determined on the real or complex-valued potential $q$ for the series to converge and bounds are obtained for the sets of eigenvalues, resonances and spectral singularities associated with a corresponding class of Sturm-Liouville operators. In this paper, we restrict our investigations to the class of potentials $q$ satisfying $|q(x)| leq ce^{-ax}$, $x geq 0$, for some $a>0$ and $c$ greator than 0.


Temperature Dependent Spectroscopic Studies Of Hipco Swnt Composites, Sinead Keogh, Theresa Hedderman, Garrett Farrell, M Ruether, Elizabeth Gregan, Mary Mcnamara, Gordon Chambers, Hugh Byrne Jan 2005

Temperature Dependent Spectroscopic Studies Of Hipco Swnt Composites, Sinead Keogh, Theresa Hedderman, Garrett Farrell, M Ruether, Elizabeth Gregan, Mary Mcnamara, Gordon Chambers, Hugh Byrne

Articles

No abstract provided.


A Study Examining The Effects Of Tissue Processing On Human Tissue Sections Using Vibrational Spectroscopy, Eoghan O'Faolain, Mary Hunter, Joe Byrne, Peter Kellehan, Mary Mcnamara, Hugh Byrne, Fiona Lyng Jan 2005

A Study Examining The Effects Of Tissue Processing On Human Tissue Sections Using Vibrational Spectroscopy, Eoghan O'Faolain, Mary Hunter, Joe Byrne, Peter Kellehan, Mary Mcnamara, Hugh Byrne, Fiona Lyng

Articles

The use of vibrational spectroscopy in the detection of cancer is a newly emerging diagnostic field, which has shown great potential to date. Many investigations have been carried out on frozen tissue samples, which by their very nature are hard to obtain. However, histology departments have archives of thousands of tissue samples, preserved and mounted in wax blocks. If this archival material can be shown to yield good Raman and IR spectra capable of differentiating between normal and cancerous tissue, it would improve the diagnostic capabilities of spectroscopy even further. Results from these formalin-fixed paraffin processed (FFPP) tissue sections, will …


Printed Triband Terminal Antenna, Matthias John, Max Ammann, Ronan Farrell Jan 2005

Printed Triband Terminal Antenna, Matthias John, Max Ammann, Ronan Farrell

Articles

This paper presents a printed triple-band multibranch monopole for use in modern wireless systems. The antenna is designed to operate in three bands which cover virtually all wireless channels. Parameters of the antenna geometry are varied and the effects of these variations on the impedance bandwidth are shown.


The Emergence Of Exacted Conservation Easements, Jessica Owley Lippmann Jan 2005

The Emergence Of Exacted Conservation Easements, Jessica Owley Lippmann

Articles

No abstract provided.


Afterword Culture By Law: Backlash As Jurisprudence, Francisco Valdes Jan 2005

Afterword Culture By Law: Backlash As Jurisprudence, Francisco Valdes

Articles

No abstract provided.


The Simultaneous Onset And Interaction Of Taylor And Dean Instabilities In A Couette Geometry, C. P. Hills, A. P. Bassom Jan 2005

The Simultaneous Onset And Interaction Of Taylor And Dean Instabilities In A Couette Geometry, C. P. Hills, A. P. Bassom

Articles

The fluid flow between a pair of coaxial circular cylinders generated by the uniform rotation of the inner cylinder and an azimuthal pressure gradient is susceptible to both Taylor and Dean type instabilities. The flow can be characterised by two parameters: a measure of the relative magnitude of the rotation and pressure effects and a non-dimensional Taylor number. Neutral curves associated with each instability can be constructed but it has been suggested that these curves do not cross but rather posses `kinks'. Our work is based in the small gap, large wavenumber limit and considers the simultaneous onset of Taylor …


Welfare, Dialectic, And Mediation In Corporate Law, William Wilson Bratton Jan 2005

Welfare, Dialectic, And Mediation In Corporate Law, William Wilson Bratton

Articles

No abstract provided.


Characterisation Of An Acrylamide-Based Photopolymer For Data Storage Utilizing Holographic Angular Multiplexing, Hosam Sherif, Izabela Naydenova, Suzanne Martin, Colm Mcginn, Vincent Toal Jan 2005

Characterisation Of An Acrylamide-Based Photopolymer For Data Storage Utilizing Holographic Angular Multiplexing, Hosam Sherif, Izabela Naydenova, Suzanne Martin, Colm Mcginn, Vincent Toal

Articles

An acrylamide-based photopolymer formulated in the Centre for Industrial and Engineering Optics has been investigated with a view to further optimisation for holographic optical storage. Series of 18 to 30 gratings were angularly multiplexed in a volume of photopolymer layer at a spatial frequency of 1500 lines/mm. Since the photopolymer is a saturable material, an exposure scheduling method was used to exploit the entire dynamic range of the material and allow equal strength holographic gratings to be recorded. This investigation yielded the photopolymer M/# for moderately thin layers. Photopolymer temporal stability was also studied by measuring variations of material shrinkage, …


Kaunda V. President Of The Republic Of South Africa. Case Cct 23/04. 2004 (10) Bclr 1009, Reprinted In 44 Ilm 173 (2005), At . Constitutional Court Of South Africa, August 4, 2004., Mary I. Coombs Jan 2005

Kaunda V. President Of The Republic Of South Africa. Case Cct 23/04. 2004 (10) Bclr 1009, Reprinted In 44 Ilm 173 (2005), At . Constitutional Court Of South Africa, August 4, 2004., Mary I. Coombs

Articles

No abstract provided.


Progressive Consumption Taxes, Mitchell L. Engler Jan 2005

Progressive Consumption Taxes, Mitchell L. Engler

Articles

Recent intellectual and political forces have moved the consumption tax to the forefront of tax policy debate. Since traditional flat-rate consumption taxes like the VAT raise serious distributional concerns, tax scholars have responded with innovative progressive consumption taxes. Two such taxes - the Hybrid Approach and the X-tax - were independently analyzed in a recent symposium on fundamental tax reform. These two proposals contain striking similarities. Both would tax individuals at progressive rates on their wages, with a separate tax on consumption less wages. Important differences exist, though, regarding the latter tax. The Hybrid Approach would impose such tax on …