Digital Commons Network^™

World War Ii Compensation And Foreign Relations Federalism, Curtis A. Bradley

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In the past several years, numerous suits have been filed in U.S. courts seeking compensation for personal injury or loss of property relating to events associated with World War I. These suits have been brought against sovereign defendants, such as Germany and Japan, as well as private companies, such as companies that allegedly used slave labor during the War. In this essay, I consider some of the implications of this litigation for the relationship between federalism and foreign relations.

The starting point for my analysis is an article by Justice William Brennan that, at first glance, might seem to have …

Economic Structure Of Renegotiation And Dispute Resolution In The World Trade Organization, The Rational Choice And International Law, Alan O. Sykes, Warren F. Schwartz

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The treaty creating the World Trade Organization (WTO) replaced the General Agreement on Tariffs and Trade (GATT) dispute resolution system, which contained no formal sanctions for breach of agreement as a practical matter, with a system that results in centrally authorized sanctions against recalcitrant violators of WTO trade agreements. We examine the important features of the new system and argue that the institutionalization of a sanctioning mechanism was not motivated by a perceived need to increase the penalty for violations, but rather by a need to decrease the penalty. In particular, the GATT system relied on unilateral retaliation and reputation …

Domestic Regulation, Sovereignty, And Scientific Evidence Requirements: A Pessimistic View, Alan O. Sykes

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No abstract provided.

Trips, Pharmaceuticals, Developing Countries, And The Doha Solution, Alan O. Sykes

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No abstract provided.

Manhattan The Vast Wasteland Revisited, Cass R. Sunstein

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No abstract provided.

Parenthood Divided: A Legal History Of The Bifurcated Law Of Parental Relations, Jill Elaine Hasday

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No abstract provided.

Choice Of Organizational Form For The Start-Up Business, John H. Matheson

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Limited liability is a fundamental principle of corporate law. Yet liability has never been absolutely limited. Courts occasionally allow creditors to "pierce the corporate veil," which means that shareholders must satisfy creditors' claims. "Piercing" seems to happen freakishly. Like lightning, it is rare, severe, and unprincipled. There is a consensus that the whole area of limited liability, and conversely of piercing the corporate veil, is among the most confusing in corporate law. 1

Banks And Venture Capitalists: Are The New Rules Too Tough, Too Weak, Or Just Right?, Brett Mcdonnell

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White investing, venture capitalists and bankers encounter similar problems. Deciding which young companies are most likely to flourish can be very hard. Making sure that those companies which receive funds are using their money wisely and in the interests of investors, not those running the companies, can be even harder. In solving those problems, bankers and venture capitalists use similar tools.

Keeping Secrets, Dale Carpenter

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The right to privacy is the power to keep secrets. It is a power conferred in one form or another by the Constitution, by statute, and by tort law. It hinders the ability of the government and other citizens to know things about us that we -- often for very good reasons - would rather not have them know. It is a power that acts as a counterweight to the power of the state and of other citizens to monitor-often for very good reasons-what we do, what we read, what we say, and with whom we associate

Convergence In Corporate Governance--Possible, But Not Desirable, Brett Mcdonnell

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THE prospects for international convergence in corporate governance systems have become a hot topic in legal academia. For some time scholars have depicted American corporations and capital markets as optimal adaptations for governing large business enterprises. 1 More recently, American scholars have become more aware that other countries do things rather differently. While large American corporations have many dispersed shareholders and turn to public stock and bond markets for financing, large Japanese and German corporations have more concentrated shareholders and close financial relations with banks.

The Most Difficult Ada Reasonable Accommodation Issues: Reassignment And Leave Of Absence, Stephen F. Befort

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The Americans with Disabilities Act obligates employers to provide reasonable accomodations to disabled workers as a means of enabling those workers to perform essential job duties. Of all the accomodations contemplated by the ADA, leaves of absence and reassignment to another position pose the most troublesome legal and human resource issues. These two types of accomodations do not merely tweak the job that a disabled employee is asked to perform, but instead excuse such employees from performing their original job assignment. While facilitating disabled employees to remain gainfully employed, these accomodations impose significant burdens on both employers and fellow employees. …

A Review Of The Fifty-Third Session Of The Sub-Commission On The Promotion And Protection Of Human Rights, David Weissbrodt, Bret Thiele, Mayra Gomez, Muria Kruger

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The term ‘fundamentalism’ means adherence to principles of one’s religion. Therefore, Islamic fundamentalism stands for a return to the doctrines of Islam in their original form as were practised in the medieval times. It could also mean idealising the historical past of Islam and calling for a return to ‘pure and original Islam’, which can be achieved through peaceful, lawful and cultural/spiritual means. In practice, the focus of Islamists has been Islamisation of the state rather than reform of the individuals. It has generated conflict as the Islamic fundamentalists seek to impose their will through coercion, violence and terror. Radical …

Labor And Employment Law At The Millennium: A Historical Review And Critical Assessment, Stephen F. Befort

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This Article uses a historical perspective as a basis to analyze the current state of labor and employment law in the United States. The Article first chronicles the decline in collective governance and the corresponding rise in the governmental regulation of the individual employment relation during the past 50 years, and attempts to ascertain the socio-economic forces contributing to this evolution. The Article then critiques the current state of workplace legal rules and finds a number of deficiencies in terms of both efficiency and equity. The Article pays particular attention to the impact of globalization and the resulting exacerbation in …

A Computational Approach For The Ramsey Numbers R(C_4, K_N), Stanislaw Radziszowski, Kung-Kuen Tse

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For graphs G and H, the Ramsey number R(G,H) is the least integer n such that every 2-coloring of the edges of K_n contains a subgraph isomorphic to G in the first color or a subgraph isomorphic to H in the second color. Graph G is a (C_4, K_n)-graph if G doesn't contain a cycle C_4 and G has no independent set of order n. Jayawardene and Rousseau showed that 21 < = R(C_4,K_7) < = 22. In this work we determine R(C_4, K_7) = 22 and R(C_4,K_8) = 26, and enumerate various families of (C_4, K_n)-graphs. In particular, we construct all (C_4, K_n)-graphs for n < 7, and all (C_4,K_7)-graphs on at least 19 vertices. Most of the results are based on computer algorithms.

Fibonacci Determinants, Nathan Cahill, John D’Errico, Darren Narayan

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Fibonacci numbers don't occur everywhere but they can arise in unexpected places, such as Hessenberg matrices. (You don't know what a Hessenberg matrix is? Better find out!)

Business-To-Business (B2b) Trade Exchanges: Current Marketplace Information Flow, Jack Cook

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Marketplace communication channels in most industries are complicated by the presence of thousands of buyers and sellers maintaining business-to-business (B2B) relationships with one another. The conglomeration of these channels has produced an intricate network of unique relationships between these partners that simulataneously encourages inefficient, non-standardized, information-flow transaction platforms. Through trading partners such a sales representatives, brokers, or distributors, "Buyer A" maintains a unique business relationship with each of its suppliers (see Figure 1). For every transaction process conducted between "Buyer A" and its respective supplier, a different means of communication may be utilized (Girishankar).

New Business Creation And Technology Transfer At The Rochester Cluster, Richard Demartino, David Reid, Stelios Zyglidopoulos

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The Rochester, NY regional photonics industry is in a period a technological and organizational change. Over the past seventy years the regional has enjoyed a reputation as one of the premium optics and imaging (photonics systems) centers of the world. In the past, the driving force behind this preeminence was a small number of larger diversified companies with strong technological competencies and internally oriented operations. Supporting these firms were dozens of small optics, components and imaging suppliers who grew and declined with their primary customers. Today's competitive photonics industry is far different technologically and organizationally then what existed 20 to …

Protecting Privacy In Today's Knowledge Based Society, Jack Cook, Kristin Kinsella, David Pang

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With the growing use of the Internet in everyday life, consumers are increasingly concerned about personal privacy. This paper examines issues concerning consumer privacy and provides solutions available to protect that privacy.

An Adaptive Neural Network For Understanding Website Usage Patterns, Victor Perotti, Raj Kiran

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As the importance of the Internet rises, the need to create more adaptive and more usable web sites also grows. Most improvements to a website requires some knowledge of the site's users and how they are interacting with the pages. However, web professionals today have relatively few good options for capturing this information. Certainly, there are software and services to help summarize the basic information from the web site logs. This could mean keeping track of the frequency of visits for the individual web pages that make up a site counting how many times the overall web site is visited …

Identity In The Mobilization Of The Wealthy In The Fight To Income Equity, Sandra Rothenberg, Maureen Scully

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In this paper, we look at the prospects for mobilization of the wealthy to contest widening income inequality. We begin by looking at members of an organization that supports the mobilization of grassroots groups on behalf of economic justice. We found among its members an "unexpected voice" = the voice of wealthy people grappling with their fairly invisible wealth and their own surprise that it evoked such a series of emotions and a gradual process they termed "coming out" at wealthy. We discuss the implications of this identity formation and interpretation for the organization's ability to shape a collective agenda …

Using Evaluations To Break Down The Male Corporate Hierarchy: A Full Circle Approach, Edward Adams

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This Article explores full circle evaluations in detail, arguing that corporate boards should implement such systems. Part I details full circle evaluations and explains the benefits associated with the use of such systems. Part II describes the potential legal duty to implement full circle evaluation systems. Part III argues that full circle evaluations consider the input of all persons in the corporation, thereby increasing the extent to which decisions concerning promotions are based on objective factors of merit and facilitating the advancement of women in the workplace. Part IV concludes that in light of all of the aforementioned considerations, the …

Rational Generalized Moonshine From Abelian Orbifoldings Of The Moonshine Module, Rossen Ivanov, Michael Tuite

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We consider orbifoldings of the Moonshine Module with respect to the abelian group generated by a pair of commuting Monster group elements with one of prime order p = 2, 3, 5, 7 and the other of order pk for k = 1 or k prime. We show that constraints arising from meromorphic orbifold conformal field theory allow us to demonstrate that each orbifold partition function with rational coefficients is either constant or is a hauptmodul for an explicitly found modular fixing group of genus zero. We thus confirm in the cases considered the Generalised Moonshine conjectures for all rational …

Form And Substance In Cyberspace, A. Michael Froomkin

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In this Response to the preceding article by Joe Sims and Cynthia Bauerly, A. Michael Froomkin defends his earlier critique of ICANN. This Response first summarizes the arguments in Wrong Turn In Cyberspace, which explained why ICANN lacks procedural and substantive legitimacy. This Response focuses on how the U.S. government continues to assert control over the domain name system, and how this control violates the APA, the nondelegation doctrine as articulated by the Supreme Court in Carter Coal, and public policy. Professor Froomkin then proposes that ICANN's role be more narrowly focused away from policy making towards true …

Scale And Orientation-Invariant Scene Similarity Metrics For Image Queries, James Carswell

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In this paper we extend our previous work on shape-based queries to support queries on configurations of image objects. Here we consider spatial reasoning, especially directional and metric object relationships. Existing models for spatial reasoning tend to rely on pre-identified cardinal directions and minimal scale variations, assumption that cannot be considered as given in our image applications, where orientations and scale may vary substantially, and are often unknown. Accordingly, we have developed the method of varying baselines to identify similarities in direction and distance relations. Our method allows us to evaluate directional similarities without a priori knowledge of cardinal directions, …

Precise Chemical Analysis Development For Si And Gaas Surfaces, T. A. Briantseva, Z. M. Lebedeva, D. V. Lioubtchenko, M. Nolan, T. S. Perova, R. A. Moore, Kevin Berwick

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Precise chemical analysis (PCA) was developed to allow the study of non-interconnected atoms on crystalline semiconductor surfaces, such as those produced during rapid thermal processing (RTP) of silicon and electron beam lithography on gallium arsenide (GaAs). The PCA method is based on selectively dissolving the different components present on the semiconductor surface using preferential etchant solutions. After etching, the etchant solution, containing the etched component, is analyzed by a photometric technique. In this paper, we present photometric measurements of the amount of “free” (non-interconnected) atoms that remain on semiconductor surfaces following electron beam and RTP processing. In this context, “free” …

Clinical Assessment Of The Quantitative Posturography System (Qps), Jacinta Browne, G. O'Hare, A. Finn, J. Colin

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The objectives of this study were to evaluate a novel design dynamic force platform the Quantitative Posturography System (QPS). The evaluation consisted of identifying the effects due to ageing and disease of the postural control system and also to examine the relationship between functional performance and postural sway. An AOVA design and Pearson-Product correlation design were used. Seventy healthy subjects, seven subjects with Parkinson’s disease and eight subjects with a history of falls took part in the study. It was found that the QPS was able to identify changes due to both the ageing process and disease on the postural …

Initiation Of Apoptosis In Cells Exposed To Medium From The Progeny Of Irradiated Cells: A Possible Mechanism For "Bystander" Induced Genomic Instability., Fiona Lyng, B. Maguire, B. Mcclean, C. Seymour, Carmel Mothersill

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Much evidence now exists regarding radiation-induced bystander effects, but the mechanisms involved in the transduction of the signal are still unclear. The mitogen-activated protein kinase (MAPK) pathways have been linked to growth factor-mediated regulation of cellular events such as proliferation, senescence, differentiation and apoptosis. Activation of multiple MAPK pathways such as the ERK, JNK and p38 pathways have been shown to occur after exposure of cells to radiation and a variety of other toxic stresses. Previous studies have shown oxidative stress and calcium signaling to be important in radiation-induced bystander effects. The aim of the present study was to investigate …

Calculation For The Parameter "Deflection" In A New Theory Of The Earth's Magnetic Field, Annraoi De Paor, Ted Burke

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In a recent paper on the theory of the Earth’s magnetic field and key features of Sunspot activity (de Paor, 2001), a central role in the calculation of secular variations of the geomagnetic field was played by a newly-introduced parameter called the deflection (abbreviated def ). In this note, the significance of def is elucidated and the method used to calculate it is explained

Ancient Astronomical Alignments: Fact Or Fiction?, Frank Prendergast

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No abstract provided.

The Random Muse: Authorship And Indeterminacy, Alan L. Durham

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No abstract provided.