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Articles 15901 - 15930 of 20079
Full-Text Articles in Entire DC Network
Yearning For Lake Wobegon: The Quest For The Best Test At The Expense Of The Best Education, Lisa Kelly
Yearning For Lake Wobegon: The Quest For The Best Test At The Expense Of The Best Education, Lisa Kelly
Articles
This article first will outline the various tests or assessments. Next, recent federal and state mandates for standardized testing of elementary school children will be examined. Then, the educational literature will be reviewed to expose the dangers of testing, particularly in the early grades. Finally, I will urge that the Clinton administration, Congress, and the states step back from this manner of securing educational adequacy. These governmental policies are rooted in the stated intention of guaranteeing that all schools are doing right by all of the children. However, early testing fosters the opposite result-educational inequity through tracking, retention, and the …
A Populist Critique Of Direct Democracy, Sherman J. Clark
A Populist Critique Of Direct Democracy, Sherman J. Clark
Articles
It is often assumed that direct democratic processes - referenda and initiatives - offer the people a chance to speak more clearly than is possible through representative processes. Courts, commentators, and political leaders have defended or described direct democratic outcomes as the voice of the "people themselves." Because plebiscites allow the people to speak directly, without the potential distortion inherent in representation, they seem ideally responsive to popular will. Indeed, even critics of direct democracy appear to grant as much. Critics are quick to point out, of course, that actual plebiscites often fall far short of the ideal. Uneven voter …
Mapping Mediation: The Risks Of Riskin's Grid, Kimberlee K. Kovach, Lela P. Love
Mapping Mediation: The Risks Of Riskin's Grid, Kimberlee K. Kovach, Lela P. Love
Articles
We use maps for orientation and guidance. A topographical map and compass guide us through unmarked terrain. To pass a bar exam, law students follow a course carefully mapped out by BAR/ BRI. To understand political configurations, we study maps of the world, indicating countries and states and their boundaries. Maps are important. They create paradigms or "boxes" within which to operate safely and efficiently. The universe a map depicts-what is put in and what is left out-must have an internal cohesion, logic, and accuracy. If not, maps misguide their users.
The New York Court Of Appeals: 150 Years Of Leading Decisions, Stewart E. Sterk
The New York Court Of Appeals: 150 Years Of Leading Decisions, Stewart E. Sterk
Articles
During its first 150 years, the New York Court of Appeals has had more impact on more areas of law than any other court in the United States. Other state courts-the California Supreme Court in the Traynor era, the New Jersey Supreme Court under Chief Justice Weintraub, to take two obvious examples-have had enormous impact, but no other state court has generated leading case after leading case in every decade for 150 years. Federal courts, including the United States Supreme Court, have had an enormous impact on American law, but that impact has been concentrated in public law; no federal …
White Light Interferometric Surface Profiler, Vincent Toal, Brian Bowe
White Light Interferometric Surface Profiler, Vincent Toal, Brian Bowe
Articles
We describe an optical system for 3-D profilometry based on the white light interferometer. We detail a simple way to construct a profiler that uses two simple algorithms which deal efficiently and quickly with the data. The system has a theoretically unlimited range and can deal with rough and smooth surfaces
The Future Of Physician-Assisted Suicide, Yale Kamisar
The Future Of Physician-Assisted Suicide, Yale Kamisar
Articles
I believe that when the Supreme Court handed down its decisions in 1997 in Washington v. Glucksberg and Vacca v. Quill, proponents of physician-assisted suicide (PAS) suffered a much greater setback than many of them are able or willing to admit.
The Battle That Never Was: Congress, The White House, And Agency Litigation Authority, Neal Devins, Michael Herz
The Battle That Never Was: Congress, The White House, And Agency Litigation Authority, Neal Devins, Michael Herz
Articles
No abstract provided.
Linear-Strip Photographs Using Cirkut And Hulcher Cameras, Andrew Davidhazy
Linear-Strip Photographs Using Cirkut And Hulcher Cameras, Andrew Davidhazy
Articles
This article describes the process by which cameras originally designed for use as rotating, 360 degree coverage, panoramic cameras can be used for applications such as photographing the full length of a passing train or the facades of all the buildings along a street.
Of Flutes, Oboes And The As If World Of Evidence Law, Richard O. Lempert
Of Flutes, Oboes And The As If World Of Evidence Law, Richard O. Lempert
Articles
Reading Allen's article, I am reminded of a cold war parable I heard during the 1960s. It concerned a flute and an oboe who joined an orchestra one year and immediately set to quarrelling. The flute was distressed because whenever it was playing at its lyrical best the oboe would enter. drowning it out. The oboe was affronted because its deepest, most sonorous passages were invariably ruined by the high-pitched flute butting in. When the orchestra split up for the summer and these quarrelsome instruments went their separate ways, the flute, as it angrily contemplated the oboe, found itself stretching …
In Memoriam: William J. Brennan, Richard A. Posner
Ccd Speckle Observations Of Binary Stars From The Southern Hemisphere, Elliott P. Horch, Zoran Ninkov, Robert W. Slawson
Ccd Speckle Observations Of Binary Stars From The Southern Hemisphere, Elliott P. Horch, Zoran Ninkov, Robert W. Slawson
Articles
We present 119 position angle and separation measures of 86 double stars observed by way of speckle interferometry with the University of Toronto Southern Observatory 60 cm telescope at Las Campanas, Chile. Speckle interferograms are recorded with a bare (unintensified) front-illuminated CCD in a fast subarray-readout mode. Position angles and separations are determined by a weighted least-squares fitting algorithm applied to the binary power spectra, and the 180-degree ambiguity in the position angle inherent in this approach is resolved by bispectral analysis. In this configuration the 60 cm telescope exhibits near-diffraction-limited performance. Initial results indicate that our separation measures have …
The Current Illegitimacy Of International Human Rights Litigation, Jack L. Goldsmith, Curtis A. Bradley
The Current Illegitimacy Of International Human Rights Litigation, Jack L. Goldsmith, Curtis A. Bradley
Articles
No abstract provided.
Phase Jitter In Mpsk Carrier Tracking Loops: Analytical, Simulation And Laboratory Results, Brian T. Kopp, William P. Osborne
Phase Jitter In Mpsk Carrier Tracking Loops: Analytical, Simulation And Laboratory Results, Brian T. Kopp, William P. Osborne
Articles
A performance characteristic of M-ary phase shift keying (MPSK) receivers is the variance of the phase error between the received and recovered signal carriers. For binary phase shift keying (BPSK) and quadrature phase shift keying (QPSK) loops utilizing integrate and dump filters and operating in the linear region, closed-form solutions for this variance exist [1], [2]. In this paper the variance is found by numerical methods for M > 4. For verification and to investigate operation in the nonlinear region, computer simulation and hardware modeling were used [3].
The Rights Of Legislators And The Wrongs Of Interpretation: A Further Defense Of The Constitutionality Of Legislative Supermajority Rules, John O. Mcginnis, Michael B. Rappaport
The Rights Of Legislators And The Wrongs Of Interpretation: A Further Defense Of The Constitutionality Of Legislative Supermajority Rules, John O. Mcginnis, Michael B. Rappaport
Articles
No abstract provided.
Peripheral Imaging With Electronic Memory Unit, Andrew Davidhazy
Peripheral Imaging With Electronic Memory Unit, Andrew Davidhazy
Articles
Description of how a Colorado Video 593 peak store instrument is applied to making 360 degree roll-out images of the surface of cylindrical subjects.
The Political Economy Of The Bankruptcy Reform Act Of 1978, Eric A. Posner
The Political Economy Of The Bankruptcy Reform Act Of 1978, Eric A. Posner
Articles
No abstract provided.
Julien Green - A Life Full Of Paradoxes, Eamon Maher
Julien Green - A Life Full Of Paradoxes, Eamon Maher
Articles
Material reproduced by kind permission of Doctrine and Life.
A Tale Of Two Cities: Day Labor And Conflict Resolution For Communities In Crisis, Lela P. Love, Cheryl B. Mcdonald
A Tale Of Two Cities: Day Labor And Conflict Resolution For Communities In Crisis, Lela P. Love, Cheryl B. Mcdonald
Articles
Through the lens of Glen Cove and Agoura Hills, two cities facing social crisis revolving around a shaping point, this article addresses the importance of government and key interest groups developing approaches to conflict that will best move society forward while limiting the danger and costs of discord. This "tale of two cities" describes two remarkably similar situations involving day laborers and argues that one community’s choice of mediation after the commencement of litigation resulted in outcomes that addressed and satisfied a wider range of constituency interests than those realized by the community that chose litigation alone.
Voidable Preferences And Proceeds: A Reconceptualization, David G. Carlson
Voidable Preferences And Proceeds: A Reconceptualization, David G. Carlson
Articles
The article examines the complexities surrounding voidable preferences and proceeds in bankruptcy law, particularly when a secured creditor holds a floating lien on a debtor's assets. It argues that payments made by the debtor to unsecured creditors using encumbered funds can be recovered by the bankruptcy trustee as voidable preferences, provided the creditor cannot trace the funds back to their trust property. The analysis critiques existing case law and proposes that the voidable preference right is never part of the debtor's estate, instead being held by the trustee. The article also challenges the notion that good faith purchasers should retain …
Indian Tribes And The Legal System, Ralph W. Johnson
Indian Tribes And The Legal System, Ralph W. Johnson
Articles
This article surveys the past and present role of lawyers in the field of Indian law, from the absence of attorneys in early treaty negotiations through the formative role lawyers played in developing the federal trust relationship, to their modem role as "legal warriors" for the increasingly independent, autonomous tribes of today. To understand all the changes now occurring in Indian law, a review of the background is helpful. What follows is a synopsis of the significant events in Indian history, focusing on how the U.S. government initially treated Indians and the role the legal profession played in this treatment.
Dedication To Professor Ralph W. Johnson, David H. Getches
Dedication To Professor Ralph W. Johnson, David H. Getches
Articles
This Indian law symposium issue of the Washington Law Review was inspired by the work of Professor Ralph W. Johnson, whose teaching and personal commitment to the field have motivated hundreds, if not thousands, of law students. The decision of the Editorial Board to dedicate the symposium to him might have been made by as many as thirty classes that have passed through the University of Washington School of Law. Those students have been introduced to and moved by Professor Johnson's elucidation of a field that is at once intellectually challenging and morally significant. Johnson's alumni have spread over the …
The Original Constitution And Its Decline: A Public Choice Perspective, John O. Mcginnis
The Original Constitution And Its Decline: A Public Choice Perspective, John O. Mcginnis
Articles
Public choice offers an analysis of the Constitution that is broadly consonant with an important aspect of the Framers' own approach. The Framers' values were those largely of the Scottish enlightenment: they believed in progress of civilization-the accumulation of wealth and knowledge. In order to create a structure of society that would accomplish these ends, they relied on another Enlightenment axiom, namely that man is an object of natural science. By understanding the predictable manner in which individuals are likely to behave in given situations, the Framers could shape a constitution that would channel their behavior to meet their Enlightenment …
Russia, Joel H. Samuels
Contingency Fees: Should Plaintiffs Lawyers In The Tobacco Settlement Receive Billions Of Dollars?, Charles Silver, Lester Brickman
Contingency Fees: Should Plaintiffs Lawyers In The Tobacco Settlement Receive Billions Of Dollars?, Charles Silver, Lester Brickman
Articles
The article debates the fairness of contingency fees for plaintiff lawyers in the $368.5 billion tobacco settlement, with one side arguing the fees are justified due to the high risks and successful outcome, while the other advocates for congressional intervention to set a uniform, sliding-scale fee structure.
Schlieren Photography Principles, Andrew Davidhazy
Schlieren Photography Principles, Andrew Davidhazy
Articles
This text went along with a demo which you will have to imagine!||"Schlieren Photography Principles" was a handout provided by Andrew Davidhazy at "Optical Diagnostics and Imaging Metrology: Ultrahigh- and high-speed photography and image-based motion measurement." Proceedings of SPIE--International Society for Optical Engineering, Conference 3173A. Held in San Diego, California: 27 July - 1 August 1997 (30 July 1997). Describes the theory of Schlieren imaging for flow visualization.
The Descending Trail: Holmes' Path Of The Law One Hundred Years Later, Albert Alschuler
The Descending Trail: Holmes' Path Of The Law One Hundred Years Later, Albert Alschuler
Articles
No abstract provided.
The Spontaneous Order Of War Powers, John O. Mcginnis
The Legislative Veto In Times Of Political Reversal: Chadha And The 104th Congress, Michael E. Herz
The Legislative Veto In Times Of Political Reversal: Chadha And The 104th Congress, Michael E. Herz
Articles
No abstract provided.
The Top Ten Reasons Why Mediators Should Not Evaluate, Lela P. Love
The Top Ten Reasons Why Mediators Should Not Evaluate, Lela P. Love
Articles
The ten reasons outlined in this article demonstrate that a mediator’s giving advice, making assessments and stating opinions — particularly where the mediator presses parties to accept a particular opinion, outcome or assessment — are inconsistent with the role of a mediator.
Testing Testing, Carl E. Schneider
Testing Testing, Carl E. Schneider
Articles
Last year, Congress passed the Ryan White Care Act Amendments of 1996. The amendments authorize ten million dollars for each fiscal year from 1996 through 2000 for counseling pregnant women on HIV disease, for "outreach efforts to pregnant women at high risk of HN who are not currently receiving prenatal care," and for voluntary testing for pregnant women. The amendments compromise a central question: whether prenatal and neonatal AIDS testing should be compelled. The compromise is complex. The director of the Centers for Disease Control and Prevention is instructed to establish a system for states to use to discover and …