Digital Commons Network^™

"They Say He's Gay": The Admissibility Of Evidence Of Sexual Orientation, Peter Nicolas

Articles

This Article seeks to fill an existing gap. Part II of this Article discusses the ways in which the sexual orientation of a victim, party, or witness is relevant within the meaning of Federal Rule of Evidence 401 and its state-law analogues, as well as when such evidence, although relevant, is nonetheless excluded due to its potential prejudicial impact.

Part III of this Article examines the hearsay rule and its exceptions to determine when, if ever, a person's assertion that he is gay can be admitted into evidence. Part IV of this Article discusses the applicability of the spousal privileges …

Whose Deal Is It? Teaching About Structural Inequality By Teaching Contracts Transactionally, Kellye Y. Testy

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Although Scott Burnham and others have urged the use of more contracts to teach Contracts for some time,'9 it is safe to say that the majority of Contracts courses in the United States do not put actual contracts front and center. While particular phrases or provisions surely are referenced in the steady diet of appellate decisions that comprise the first-year course, those decisions very rarely include the actual contract at issue for study. Moreover, in the increased compression of the first year course," few professors believe they can justify the time for transactional exercises or simulations in the rush to …

The Best Patent Practice Or Mere Compromise? A Review Of The Current Draft Of The Substantive Patent Law Treaty And A Proposal For A "First-To-Invent" Exception For Domestic Applicants, Toshiko Takenaka

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Part I of this paper I review the past efforts of patent harmonization. In Part II, I review the current draft of the Substantive Patent Law Treaty (SPLT) and compare its major articles with Title 35 of the United States Code, the European Patent Convention (EPC), and Japanese Patent Law (JPL). In Part III, I analyze the changes expected by the integration of the SPLT into U.S. patent practice and examine if such changes would result in the best patent practice. I propose that the best practice takes into account underlying patent policies in such instances in which the changes …

Community Acequias In Colorado's Rio Culebra Watershed: A Customary Commons In The Domain Of Prior Appropriation, Gregory A. Hicks, Devon G. Peña

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This article presents an account of the landscape and water institutions of the acequia communities of Colorado's Rio Culebra watershed. The physical and social landscape of the Culebra watershed, a product of water institutions introduced by Hispano settlers in the years immediately following the Mexican War, and the persistence of those institutions after the introduction of the system of prior appropriation, offers an instance of a successful engagement of community water institutions in the creation of a sustainable and resource-rich watershed landscape. The ultimate goals of this article are threefold. First, the article describes the acequialandscape and its social, …

Criminal Jurisdiction, Tribal Courts And Public Defenders, Robert T. Anderson

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The impetus for this presentation is the establishment of the Tribal Court Criminal Defense Clinic by the University of Washington School of Law and its Native American Law Center. The Clinic is the public defender for the Tulalip Tribes of Washington. Eight students take the year long clinic and after ten weeks of preparation are appointed as counsel to defendants in tribal court prosecutions under the supervision of the clinic director. The joint effort of the Tribes and the School of Law is a direct product of the Indian self-determination era and reflects the Tribes' decision to increase their law …

The Digital Trademark Right: The Troubling New Extraterritorial Reach Of National Law, Xuan-Thao Nguyen

Articles

The Anticybersquatting Consumer Protection Act authorizes the development of the digital trademark right. Under this new right, a trademark owner can petition a domestic court to transfer a foreign registrant's domain name to the trademark owner. The trademark owner does not need to travel to the foreign land for the litigation or to petition a foreign court for enforcement of the domestic court's decision. The property transfer order has a global effect, enjoining the foreign registrant from further use of its property in its home country. Is such extraterritorial extension of national law permissible? Does the new digital trademark right …

Introduction, The Osceola After 100 Years: Its Meaning And Effect On Maritime Personal Injury Law In The United States, Craig Allen

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A century ago the United States Supreme Court issued its decision in The Osceola [189 U.S. 158 (1903)], announcing four legal propositions that controlled personal injury claims by seamen at the time. On the 100th anniversary of the Court's decision, the four admiralty law professors contributing to this symposium take the opportunity to critically examine the Court's renowned decision, Congress' responses to the decision, and the effect of both The Osceola's four propositions and the responsive legislation on the remedies available to injured maritime workers in the 21st century.

In the first of the three articles that follow, Professor …

Australia's Tampa Incident: The Convergence Of International And Domestic Refugee And Maritime Law In The Pacific Rim: Introduction To The Maritime Law Forum, Craig Allen

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The members of the Pacific Rim Law & Policy Journal are to be congratulated for their initiative, compassion, and insight in calling attention to the August 26, 2001 M/V Tampa incident and subjecting the actions of the involved principals and the governing legal regime to close and thoughtful scrutiny. Planning for the April 22, 2002 symposium in Seattle began in the fall of 2001, shortly after the Tampa's week-long crisis involving 438 migrants garnered international attention. Speakers for the Symposium conference, recruited under the leadership of the Journal's 2001-2002 Editor-in-Chief, Kelly Thomas, hailed from Australia, Europe and throughout the United …

Gender, Human Rights, And Peace Agreements, Christine M. Chinkin

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I would first like to thank the organizers for the very great honor of being asked to present the annual Schwartz Lecture in 2002. It is especially apposite to discuss issues of international peace agreements in Ohio, not far from Dayton which is famous as the location of the process that brought an end to the war in Bosnia-Herzegovina. However this lecture is going to examine issues that were not explored at Dayton, that is, some relationships between gender, peace agreements, and international human rights. In addition, because the function of peace agreements in today's world has become the broader …

A Progressive Consumption Tax For Individuals: An Alternative Hybrid Approach, Mitchell L. Engler

Articles

Dissatisfaction with the existing income tax has increased in recent years. Practical problems with the income tax base create numerous loopholes, increasingly exploited by well-advised taxpayers. For the most part, these gaps are attributable to the income tax's "realization" requirement, under which taxpayers report gains and losses as "realized" through market transactions. A consumption tax appeals as a response to these significant current loopholes since "realization" loses its significance under a consumption-based tax. The consumption tax's appeal has been further enhanced by the recent and growing recognition of the narrow difference between income and consumption taxes, assuming away practical problems. …

The Continuing Assault On The Citadel Of Fiduciary Protection: Ethics 2000'S Revision Of Model Rule 1.5, Lester Brickman

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The attorney-client relationship typifies a fiduciary relationship. At a minimum, attorneys are required to deal fairly and reasonably with their clients while avoiding any inclination to act in a selfinterested manner. Nowhere is the tension between a lawyer's selfinterest and their fiduciary obligations to a client greater than in the area of fee structures.

Contingency fees were developed to allow clients representation when they otherwise may not be able to afford such representation, while compensating a lawyer in a manner commensurate with the degree of risk presented by the case. Despite the inherent self-interest encountered by lawyers when presented by …

Nearest To Legitimacy: Justice White And Strict Rational Basis Scrutiny, Michael Herz

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No abstract provided.

A Simulation Model To Characterize Photolithography Process Of A Semiconductor Wafer Fabrication, Amr Arisha, Paul Young, Mohie El Baradie

Articles

The pressures on semiconductor manufacturers due to cost considerations, rapid growth of process technology, quality constraints, feature size reduction, and increasingly complex products are requiring ever higher efficiency from manufacturing facilities. The complexity of manufacturing high capacity semiconductor devices means that it is impossible to analyze the process control parameters and the production configurations using traditional analytical models. There is, therefore, an increasing need for effective models of each manufacturing process, characterizing and analyzing the process in detail, allowing the effect of changes in the production environment on the process to be predicted. The photolithography process is one of the …

Retailing At The Periphery: An Analysis Of Dublin’S Tertiary City-Centre Shopping Streets (1972-2002), Edmund O'Callaghan, Don O'Riordan

Articles

This research examined changes in Dublin’s tertiary city centre shopping streets over a thirty year period to 2002. An observational study of the occupancy of the city’s tertiary streetscape was undertaken in the summer of 2002 and compared with historical data. Results indicate significant change over the period examined: an increased vacancy rate, a very low survival rate, a considerable incidence of non retail specific activities, a decline in traditional retail offerings and the emergence of new categories of retailer. The paper concludes by suggesting a proactive approach is required by present day retailers in the tertiary streets to ensure …

Back To The 1930s? The Shaky Case For Exempting Dividends, Reuven S. Avi-Yonah

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This article is based in part on the author’s U.S. Branch Report for Subject I of the 2003 Annual Congress of the International Fiscal Association, to be held next year in Sydney, Australia (forthcoming in Cahiers de droit fiscal international, 2003). He would like to thank Emil Sunley for his helpful comments on that earlier version, and Steve Bank, Michael Barr, David Bradford, Michael Graetz, and David Hasen for comments on this version. Special thanks are due to Yoram Keinan for his meticulous work on the EU regimes (see Appendix). All errors are the author’s. In this report, Prof. Avi-Yonah …

Integrating Visualization Into The Modeling Of Business Simulations, Victor Perotti, Tom F. Pray

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This article demonstrates the advantages of using visualization as part of the modeling process. Several examples are given to show how visualization can help developers to more completely understand the range of behaviors for their algorithms. Specifically, the Cobb Douglas function and Gold Pray demand system are examined using a tool that combines mathematical modeling with visualization capabilities.

'A Time To Build' - William W. Cook And His Architects: Edward York And Philip Sawyer, Margaret A. Leary

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The following narrative outlines the role of donor William W. cook and the architects who built the Law Quadrangle 70 years ago. The report is excerpted and adapted from 94 Law Library Journal 395-425 (2002-26). The author is director of the University of Michigan Law School's Law Library.

Alaska Resources Library And Information Services: Building Community In The 49th State, Juli Braund-Allen, Daria O. Carle

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The Institute of Museum and Library Services recognized the community-building achievements of an unusual library in Anchorage, Alaska when it bestowed one of three 2001 National Awards for Library Service on the Alaska Resources Library and Information Services (ARLIS). This award, the highest in the nation, is given to libraries that “demonstrate a core commitment to public service through innovative programs and active partnerships that address the urgent and changing needs within the communities they serve.”

What Is And Is Not Pathological In Criminal Law, Kyron J. Huigens

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No abstract provided.

An Outcomes Analysis Of Scope Of Review Standards, Paul R. Verkuil

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No abstract provided.

Harris, Ring, And The Future Of Relevant Conduct Sentencing, Kyron J. Huigens

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No abstract provided.

Incorporation Of Polarization Into The Dirsig Synthetic Image Generation Model, Jason P. Meyers, John R. Schott, Scott D. Brown

Articles

The Digital Imaging and Remote Sensing Synthetic Image Generation (DIRSIG) model uses a quantitative first principles approach to generate synthetic hyperspectral imagery. This paper presents the methods used to add modeling of polarization phenomenology. The radiative transfer equations were modified to use Stokes vectors for the radiance values and Mueller matrices for the energy-matter interactions. The use of Stokes vectors enables a full polarimetric characterization of the illumination and sensor reaching radiances. The bi-directional reflectance distribution function (BRDF) module was rewritten and modularized to accommodate a variety of polarized and unpolarized BRDF models. Two new BRDF models based on Torrance- …

Elastic Ladar Modeling For Synthetic Imaging Applications, Robin R. Burton, John R. Schott, Scott D. Brown

Articles

The Digital Imaging and Remote Sensing Image Generation (DIRSIG) model is a synthetic imagery generation model developed at the Center for Imaging Science (CIS) at the Rochester Institute of Technology (RIT). It is a quantitative first principle based model that calculates the sensor reaching radiance from the visible through to the long wave infrared on a spectral basis. DIRSIG generates a very accurate representation of what a sensor would see by modeling all the processes involved in the imaging chain. Currently, DIRSIG only models passive sources such as the sun and blackbody radiation due to the temperature of an object. …

Ireland In The Eye Of The Tiger, Eamon Maher

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Reproduced by kind permission of Reality

Many-To-Many Invocation: A New Framework For Building Collaborative Applications In Ad Hoc Networks, Hans-Peter Bischof, Alan Kaminsky

Articles

Many-to-Many Invocation (M2MI) is a new paradigm for building collaborative systems that run in wireless proximal ad hoc networks of fixed and mobile computing devices. M2MI is useful for building a broad range of systems, including service discovery frameworks; groupware for mobile ad hoc collaboration; systems involving networked devices (printers, cameras, sensors); and collaborative middleware systems. M2MI provides an object oriented method call abstraction based on broadcasting. An M2MI invocation means ``Every object out there that implements this interface, call this method.''. M2MI is layered on top of a new messaging protocol, the Many-to-Many Protocol (M2MP), which broadcasts messages to …

Many-To-Many Invocation: A New Object Oriented Paradigm For Ad Hoc Collaborative Systems, Alan Kaminsky, Hans-Peter Bischof

Articles

Many-to-Many Invocation (M2MI) is a new paradigm for building collaborative systems that run in wireless proximal ad hoc networks of xed and mobile computing devices. M2MI is useful for building a broad range of systems, including multiuser applications (conversations, groupware, multiplayer games); systems involving networked devices (printers, cameras, sensors); and collaborative middleware systems. M2MI provides an object oriented method call abstraction based on broadcasting. An M2MI invocation means \Every object out there that implements this interface, call this method." An M2MI-based application is built by de ning one or more interfaces, creating objects that implement those interfaces in all the …

Real Estate Tax Credits And Other Financial Incentives For Investing In Historic Property In The United States, Robert Pickard, Tracy Pickerill

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This paper examines the legislative and administrative background for designating historic property for protection in the United States (US) and their rehabilitation against a whole series of financial inducements and mechanisms. The preservation of heritage buildings in the US forms an integral part of the property market. Market forces and government regulations in the form of preservation law, standards for rehabilitation and the revenue code dictate the success or failure of renovating historic buildings. At all levels of governments (federal, state and local) there has been a growing reluctance in recent years to increase regulatory burdens and fiscal constraints on …

The Physician As A Conscientious Objector, J. David Bleich

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No abstract provided.

Anisomycin Activates Jnk And Sensitises Du 145 Prostate Carcinoma Cells To Fas Mediated Apoptosis, James Curtin, Thomas Cotter

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Treatment of the hormone refractory prostate cancer cell line DU 145 with sublethal concentrations of chemotherapeutic drugs has been reported to sensitise these cells to Fas mediated apoptosis. However, the mechanism by which this occurs has not been determined. Our group has shown that inhibition of JNK activity completely abrogates the effects of chemotherapeutic drugs. Using anisomycin, a potent JNK agonist, we have demonstrated a role for JNK in Fas mediated apoptosis in DU 145 cells. Inhibition of Caspase 8 and Caspase 9 completely inhibits this process which suggests that DU 145 cells require mitochondrial amplification of the Fas apoptotic …

Ion Contribution To The Astrophysical Important 447.15, 587.56 And 667.82 Nm He I Spectral Lines Broadening, Vladimir Milosavljevic, Stevan Djenize

Articles

Characteristics of the astrophysical important Stark broadened 447.15 nm, 587.56 nm and 667.82 nm spectral line profiles have been measured at electron densities between 0.3 10 and 8.2 10 m and electron temperatures between 8000 and 33 000 K in plasmas created in five various discharge conditions using a linear, low-pressure, pulsed arc as an optically thin plasma source operated in a helium-nitrogen-oxygen gas mixture. On the basis of the observed asymmetry of the line profiles we have obtained their ion broadening parameters ( A) caused by influence of the ion microfield on the line broadening mechanism and also …