Digital Commons Network^™

Restyling The Civil Rules: Clarity Without Change, Edward H. Cooper

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Devoted fans and casual users of the Federal Rules of Civil Procedure will feel mixed emotions on contemplating the Style Project that aims to rewrite every rule from Rule 1 to the end. Well they might. The Style Project's purpose is simply stated. The Civil Rules, created in an inspired fit of creativity, have been amended repeatedly over the years. Experience has shown that even inspired initial drafting could not avoid all misadventures and that amendments drafted by successive generations wielding different drafting tools do not always fit well. The present rules can be reworked to say more clearly what …

A Look Back On A Half-Century Of Teaching, Writing And Speaking About Criminal Law And Criminal Procedure, Yale Kamisar

Articles

When I look back at my academic career, I realize that, as hard as I tried to plan things, various events often overrode my plans.

Major Resources For The New Family Law Attorney, Barbara H. Garavaglia

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While experienced family law lawyers are undoubtedly familiar with the array of research resources most useful to the family law practitioner, new attorneys and attorneys new to family law practice may need guidance in locating and identifying the most efficient and useful source material to help them in their family law work. Sherri L. Katz provided an excellent and comprehensive list of family law resources in her article "Best Research Resources on Family Law," Mich BJ79, no. 2 (2000): 196 (hereinafter "Best Research Resources"). Although the article is three years old, its excellent and comprehensive descriptions of the "best" resources …

Bolling Alone, Richard A. Primus

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Under the doctrine of reverse incorporation, generally identified with the Supreme Court's decision in Bolling v. Sharpe, equal protection binds the federal government even though the Equal Protection Clause by its terms is addressed only to states. Since Bolling, however, the courts have almost never granted relief to litigants claiming unconstitutional racial discrimination by the federal government. Courts have periodically found unconstitutional federal discrimination on nonracial grounds such as sex and alienage, and reverse incorporation has also limited the scope of affirmative action. But in the presumed core area of preventing federal discrimination against racial minorities, Boiling has virtually no …

Adjusting To Crawford: High Court Decision Restores Confrontation Clause Protection, Richard D. Friedman

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In Crawford v. Washington, 124 S. Ct. 1354 (2004), the U.S. Supreme Court radically transformed its doctrine governing the Confrontation Clause of the Sixth Amendment to the U.S. Constitution. Craitiord is a very positive development, restoring to its central position one of the basic protections of the common law system of criminal justice. But the decision leaves many open questions, and all lawyers involved in the criminal justice process will have to adjust to the new regime that it creates. This article outlines and summarizes the problems with the law as it stood before Crait/brd. It then explains the theoretical …

Corporations, Society, And The State: A Defense Of The Corporate Tax, Reuven S. Avi-Yonah

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Corporations are both everywhere and nowhere. They are everywhere, first and foremost, on the economic scene: a large percentage of economic activity in the United States is effectuated through the corporate form. But the reach of corporations is far broader than that. Many of our other institutions, including universities, churches, hospitals, and other non-profit organizations, are in corporate form. Other salient features of our society, such as representative democracy, originated from the use of the corporate form in medieval England. Even the idea of the state itself originated in Roman and Medieval legal notions about corporate bodies.

Molecular Cloning And Characterization Of Two Mouse Peroxisome Proliferator-Activated Receptor Alpha (Ppara) Regulated Peroxisomal Acyl-Coa Thioesterases., Maria Westin, Mary Hunt, Stefan Alexson

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Peroxisomes are organelles that function in the b-oxidation of very-long and long-chain acyl-CoAs, bile acid-CoA intermediates, prostaglandins, leukotrienes, thromboxanes, dicarboxylic fatty acids, pristanic acid and xenobiotic carboxylic acids. The very long- and long-chain acyl-CoAs are mainly chain-shortened and then transported to mitochondria for further metabolism. We have now identified and characterized two peroxisomal acyl- CoA thioesterases, named PTE-Ia and PTE-Ic, which hydrolyze acyl-CoAs to the free fatty acid and coenzyme A. PTE-Ia and PTE-Ic show 82% sequence identity at amino acid level and a putative peroxisomal type 1 targeting signal of –AKL was identified at the carboxy-terminal end of both …

Ngo Participation In Human Rights Law And Process: Latest Developments In The Effort To Develop An International Treaty On The Rights Of People With Disabilities, Janet E. Lord

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No abstract provided.

A Glimpse Behind And Beyond Grutter, Evan H. Caminker

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Many people have suggested that the recent battle over affirmative action was a defining moment for the contemporary relevance of Brown v. Board of Education and that it would determine the promise and potential for widespread societal integration. In my remarks, I want to comment upon a couple of comparisons and links between the Brown, Bakke, Grutter, and Gratz cases.

On The Cotorsion Images Of The Baer-Specker Group, Brendan Goldsmith, T. Kelly, S, Wallutis

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No abstract available

Quasi-Minimal Abelian Groups, Brendan Goldsmith, S. O. Hogain, S. Wallutis

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An abelian group $G$ is said to be quasi-minimal (purely quasi-minimal, directly quasi-minimal) if it is isomorphic to all its subgroups (pure subgroups, direct summands, respectively) of the same cardinality as $G$. Obviously quasi-minimality implies pure quasi-minimality which in turn implies direct quasi-minimality, but we show that neither converse implication holds. We obtain a complete characterisation of quasi-minimal groups. In the purely quasi-minimal case, assuming GCH, a complete characterisation is also established. An independence result is proved for directly quasi-minimal groups.

On The Empirical Balanced Truncation For Nonlinear Systems, Marissa Condon, Rossen Ivanov

Articles

Novel constructions of empirical controllability and observability gramians for nonlinear systems for subsequent use in a balanced truncation style of model reduction are proposed. The new gramians are based on a generalisation of the fundamental solution for a Linear Time-Varying system. Relationships between the given gramians for nonlinear systems and the standard gramians for both Linear Time-Invariant and Linear Time-Varying systems are established as well as relationships to prior constructions proposed for empirical gramians. Application of the new gramians is illustrated through a sample test-system.

Riemann Tensor Of The Ambient Universe, The Dilaton, And Newton’S Constant, Rossen Ivanov, Emil Prodanov

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We investigate a four-dimensional world, embedded into a five-dimensional spacetime, and find the five-dimensional Riemann tensor via generalisation of the Gauss (--Codacci) equations. We then derive the generalised equations of the four-dimensional world and also show that the square of the dilaton field is equal to the Newton's constant. We find plausable constant and non-constant solutions for the dilaton. Comment: 5 pages, revtex

The Spectral Function For Sturm-Liouville Problems Where The Potential Is Of Wigner-Von Neumann Type Or Slowly Decaying, Daphne Gilbert, B.J. Harris, S.M. Riehl

Articles

We consider the linear, second-order, differential equation (∗) with the boundary condition (∗∗)

We suppose that q(x) is real-valued, continuously differentiable and that q(x)→0 as x→∞ with q∉L1[0,∞). Our main object of study is the spectral function ρα(λ) associated with () and (). We derive a series expansion for this function, valid for λ⩾Λ0 where Λ0 is computable and establish a Λ1, also computable, such that () and () with α=0, have no points of spectral concentration for λ⩾Λ1. We illustrate our results with examples. In particular we consider the case of the Wigner–von Neumann potential.

Firm Growth As A Research Issue, Thomas Cooney, Pasi Malinen

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A key issue of debate regarding small firms over the past two decades has focused on the ability of small firms to engender growth, particularly fast-growth firms. Many commentators believe that it is a minimal group of enterprises germinating rapidly that provide the real jobs and therefore, that it is these firms which policy makers should be converging upon. But how can small businesses be transformed into fast-growth firms? As Tuck and Hamilton (1993) noted, despite the magnitude of research on small firms, especially regarding growth, researchers are still uncertain why some firms grow and others do not when originating …

Gaming Delaware, William Wilson Bratton

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No abstract provided.

No Provincial Or Transient Notion: The Need For A Mistake Of Age Defense In Child Rape Prosecutions, Jarrod F. Reich

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No abstract provided.

Alice Finch Lee: Living The Values Of The Legal Profession, Kimberly Boone

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No abstract provided.

The Politics Of Infertility: Recognizing Coverage Exclusions As Discrimination, Elizabeth Pendo

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Infertility affects approximately ten percent of the reproductive-age population in the United States, and strikes people of every race, ethnicity and socio-economic level. It is recognized by the medical community as a disease, one with devastating physical, psychological, and financial effects. Nonetheless, comprehensive coverage of infertility treatments under employer-sponsored plans - where, like Jane, most Americans get health insurance - appears to be the exception rather than the rule. Can Jane sue for disability discrimination, sex discrimination, or both? While the answer - "it depends" - should not be surprising to anyone who has survived even a semester of law …

Protecting The Citizen Whilst He Is Quiet: Suspicionless Searches, Special Needs And General Warrants, Scott E. Sundby

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No abstract provided.

Tribal Sovereignty Over Water Quality, Jessica Owley

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No abstract provided.

Application Of Espi-Method For Strain Analysis In Thin Wall Cylinders, David Kennedy, Zdravko Schauperl, Seamus Greene, Emilia Mihaylova

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The Centre for Industrial and Engineering Optics, DIT, Ireland, have recently developed and applied new optical techniques for the measurement of mechanical strain, one of which was based on electronic speckle pattern interferometry (ESPI). The accuracy of this optical technique when used on flat surfaces is well established. In this research the technique is tested on curved surfaces, and results are compared with the theoretical hoop strain as predicted by the bi-axial strain equation modified for the thin cylinder, and by those obtained by electrical resistance strain gauge (ERSG) undoubtedly the principal method of measuring mechanical strain. For testing procedures, …

Color/Identity/Justice: Chicano Trials (Book Review), Anthony V. Alfieri

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No abstract provided.

Objective Measurements Of Image Quality, Jacinta Browne, Amanda Watson, Nicholas Gibson, Nicholas Dudley, Alex Elliott

Articles

Tissue harmonic imaging (THI) and compound imaging have been reported clinically to improve contrast resolution, tissue differentiation and overall image quality. However, there have been limited studies to date to quantify objectively the improvements in image quality achieved with these new imaging techniques. The aim of this study was to quantify differences in image quality that exist between conventional B-mode imaging, harmonic imaging, compound imaging and harmonic compound imaging. An ATL HDI 5000 scanner with three probes (C5-2, L7-4 and L12-5) was tested with two different types of test object, the Gammex-RMI model 404 GS LE and the Gammex-RMI 403 …

On The Theory Class's Theories Of Asbestos Litigation: The Disconnect Between Scholarship And Reality, Lester Brickman

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No abstract provided.

Bankruptcy's Acephalous Moment: Postpetition Transfers Under The Bankruptcy Code, David G. Carlson

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No abstract provided.

Past And Present Proposed Amendments To The United States Constitution Regarding Marriage, Edward D. Stein

Articles

Proposals to amend the Constitution to prohibit same-sex marriages were recently actively discussed in the U.S. Senate and are likely to receive attention in the House before the year's end. This article situates arguments for these proposals within the history of attempts to amend the Constitution related to marriage by providing the first detailed, synthetic analysis of such previously proposed amendments. This examination reveals 133 previously proposed amendments to the Constitution relating to marriage, consisting primarily of proposals to prohibit interracial marriage, proposals to prohibit polygamy, and proposals to empower Congress to make uniform laws concerning marriage and divorce. By …

Religious Institutions, The No-Harm Doctrine, And The Public Good, Marci A. Hamilton

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No abstract provided.

Truth And Illusion, Suzanne Last Stone

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No abstract provided.

Hindsight, Regret, And Safe Harbors In Rule 11 Litigation, Charles Yablon

Articles

The 1993 amendments to Rule 11 of the Federal Rules of Civil Procedure successfully reduced both the number of sanctions motions and the chilling effect on meritorious claims, contrary to initial concerns that weaker sanctions would increase frivolous filings. By introducing a safe harbor provision and altering the timing of Rule 11 motions, the amendments mitigated hindsight bias and encouraged the withdrawal of non-meritorious claims without penalty. Empirical evidence, including judicial surveys and a decline in sanctions motions, confirms the amendments' effectiveness in balancing deterrence of frivolous litigation with protection of legitimate claims.