Digital Commons Network^™

Aba Regulation Of Contingency Fees: Money Talks, Ethics Walks, Lester Brickman

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No abstract provided.

Copyright Law And Electronic Access To Information, Jessica D. Litman

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At the same time as we have been discovering the Internet’s enormous potential to enhance access to information and revolutionize the ways libraries do business, the Internet’s high profile in popular media has made it the focus of a wide spectrum of fears about the future. This paper focuses on pending proposals to amend copyright law to enhance the control copyright owners wield over the appearance of their works on digital networks. These proposals would stifle libraries’ use of the Internet. Libraries and their supporters must participate in the copyright debate, and think creatively about new models for copyright. The …

Refinement Of The Rlab Color Space, Mark Fairchild

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The prediction of color appearance using the RLAB color space has been tested for a variety of viewing conditions and stimulus types. These tests have shown that RLAB performs well for complex stimuli and not-so-well for simple stimuli. This article reviews the various psychophysical results, interprets their differences, and describes evolutionary enhancements to the RLAB model that simplify it and improve its performance.

Stupid Lawyer Tricks: An Essay On Discovery Abuse, Charles M. Yablon

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The article critiques the prevalent approaches to addressing discovery abuse in legal proceedings, arguing that traditional methods focusing on moralizing about civility are ineffective. Instead, it proposes a more direct approach, inspired by parental discipline, where judges should firmly tell lawyers to cease abusive behavior. The author draws on Aristotle's concept of "akrasia" (moral weakness) to explain why lawyers often engage in counterproductive tactics, suggesting that emotional impulses and the pressure to win drive such actions. The article advocates for innovative solutions to deter discovery abuse, emphasizing the need to make such behavior less enjoyable through targeted sanctions and increased …

Toward A Tax-Based Explanation Of The Liability Insurance Crisis, Kyle D. Logue

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The so-called liability insurance crisis of 1985 and 1986 transformed the way we think about tort law and about liability insurance markets. The crisis phenomena, which first appeared in late 1984 and lasted until mid-1986, consisted of enormous increases in liability insurance premiums and alarming reductions in the availability of certain types of liability coverage. In the two principal liability lines of insurance (Other Liability and Medical Malpractice), premiums increased by hundreds (in some cases thousands) of percentage points in a matter of months. At the same time, the availability of liability insurance contracted sharply. The liability policies that were …

The "Simplest" Special Effect - Matte Box Photography, Andrew Davidhazy

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We are preconditioned to assuming that photographs are made in an instantaneous manner. By making exposures sequentially, using a matte-box, we can produce images that startle and confuse our audience. Deception is also possible. Better and cheaper than using a computer!

Intellectual Property Issues In Genomics, Rebecca S. Eisenberg

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Controversy over intellectual property rights in the results of large-scale cDNA sequencing raises intriguing questions about the roles of the public and private sectors in genomics research, and about who stands to benefit (and who stands to lose) from the private appropriation of genomic information. While the US Patent and Trademark Office has rejected patent applications on cDNA fragments of unknown function from the National Institutes of Health, private firms have pursued three distinct strategies for exploiting unpatented cDNA sequence information: exclusive licensing, non-exclusive licensing and dedication to the public domain.

The Theme Of Grace In Bernanos' ''Diary Of A Country Priest'', Eamon Maher

Articles

Material reproduced by kind permission of The Month

Political Deliberation, Affirmative Action, And The Supreme Court, Cass R. Sunstein

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No abstract provided.

A Pilot Evaluation Of Alternating Preoperative Chemotherapy In The Management Of Patiens With Locoregionally Advanced Breast Carcinoma, Thomas M. Pisansky Md, Charles L. Loprinzi Md, Stephen S. Cha Md, Nicholas F. Reuter Md

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BACKGROUND:

This prospective trial was conducted to evaluate the outcome of patients treated with preoperative and post operative chemotherapy, mastectomy, and irradiation for locoregionally advanced breast carcinoma.

METHODS:

Between June 1986 and September 1990, 71 patients received 2 cycles of doxorubicin that alternated with 2 cycles of cyclophosphamide, methotrexate, and 5-fluorouracil prior to mastectomy; irradiation was administered when the tumor was not amenable to surgical resection. Additional chemotherapy and tamoxifen, in hormone receptor-positive tumors, was used after mastectomy. Post-operative irradiation was given on a selective basis for patients at high risk for locoregional disease recurrence.

RESULTS:

Although 5 patients (7%) …

Godtalk: Should Religion Inform Public Debate?, J. David Bleich

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No abstract provided.

Fundamental Justice And The Deflection Of Refugees From Canada, James C. Hathaway

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Canada is preparing to implement a controversial provision of the Immigration Act that will deny asylum seekers the opportunity even to argue their need for protection from persecution. Under a policy labelled "deflection" by the authors, the claims of refugees who travel to Canada through countries deemed safe, likely the United States and eventually Europe, will be rejected without any hearing on the merits. Because deflection does not require substantive or procedural harmonization of refugee law among partner states, it will severely compromise the ability of genuine refugees to seek protection.

Why Is This Man A Moderate? (Reviewing William A. Fischel, Regulatory Takings: Law, Economics And Politics (1995)), Richard A. Epstein

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No abstract provided.

Never Jam To-Day: On The Impossibility Of Takings Jurisprudence, Jeanne L. Schroeder

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The article critiques the incoherence of takings jurisprudence under the Fifth and Fourteenth Amendments, arguing that property rights cannot be understood as absolute or natural but must be viewed through the lens of Hegelian dialectics. It contends that property is a socially constructed concept requiring pragmatic reasoning to balance individual rights and communitarian limits. The analysis emphasizes that the determination of when regulation constitutes a taking cannot be resolved through rigid legal frameworks but demands a pragmatic approach, as the balance between individualistic and communitarian interests is inherently empirical and subjective.

Probation Officers Look At Plea Bargaining, And Do Not Like What They See, David Yellen

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The Probation Officers Advisory Group's survey provides valuable insights into plea bargaining practices under the federal guidelines. Probation officers play a crucial role in guideline sentencing, and their views on the plea bargaining process are significant both because of their proximity to that process and the influence they wield with judges. The survey responses thus deserve attention and may spark lively debate within the Sentencing Commission and elsewhere. Depending on one's perspective, the picture that emerges is of plea bargaining either as a safety valve to mitigate the harshness and rigidity of the guidelines, or an unregulated process that threatens …

The Trips Agreement: Imperialistic, Outdated, And Overprotective, Marci A. Hamilton

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According to Professor Hamilton, the TRIPS Agreement constructs international copyright law in the image of Western, Protestant-based capitalist copyright law. She suggests that the Agreement Imposes presuppositions about human value, effort, and reward that contain political, sociological, and legal ramifications. In fact, the Agreement, with its focus upon valuing individual human creative achievement, could spur further developments in Westernbased human rights in the rest of the world. By transplanting Western ideas to the rest of the world, TRIPS may actually encourage anti-authoritarian revolution.

She further suggests that the TRIPS Agreement seeks to establish a free market of intellectual property goods. …

Liss Ard, Co. Cork, Noel Brady

Articles

Description and review of art park at Liss Ard in Cork.

The Jerusalem Embassy Act, Malvina Halberstam

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No abstract provided.

Practice Guidelines For Co-Mediation: Making Certain That “Two Heads Are Better Than One”, Lela P. Love, Joseph B. Stulberg

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Co-mediation can either enhance or diminish the effectiveness of the mediation process. This article outlines advantages and disadvantages of comediation and proposes guidelines for co-mediators to enable maximizing the potential of a co-mediation team.

War And Migration : The Example Of ''An Ordinary Exodus'' By Roger Bichelberger, Eamon Maher

Articles

Material reproduced by kind permission of The Month

Rhetoric And Reality In Copyright Law, Stewart E. Sterk

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The article challenges traditional justifications for copyright law, particularly the notions of desert and corrective justice, arguing that these frameworks fail to provide a robust foundation for intellectual property rights. Instead, it posits that the justification for copyright protection must primarily lie in the incentive to promote creative activity. The analysis critiques the application of Lockean labor theory and restitutionary models, emphasizing that distributive justice, which focuses on the moral worth and social contributions of creators, offers a more coherent basis for copyright law.

"Evaluative" Mediation Is An Oxymoron, Kimberlee K. Kovach, Lela P. Love

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An essential characteristic of mediation is facilitated negotiation wherein the mediator remains neutral throughout the process. Inconsistent with this role is an evaluative mediator who assesses the strengths and weaknesses of legal claims, proposes settlement terms, pushes parties to accept a particular settlement, and predicts court outcomes or the impact of not settling. A mediator’s assessment invariably favors one side over the other and jeopardizes neutrality. This article argues that mediation should stand as a distinct and clear-cut alternative to the evaluative and frequently highly-adversarial adjudicatory processes and that mediators should not evaluate.

The Rcs Of A Microstrip Antenna On An In-Plane Biased Ferrite Substrate, Byungje Lee, Frances J. Harackiewicz

Articles

The numerical solutions for the RCS of a microstrip patch on an in-plane biased ferrite substrate are presented. The peaks in the RCS can be moved with respect to frequency by changing the magnetic bias field. We consider a monostatic RCS with various incident angles and examine all four elements of the cross-section matrix. For the case of an unmagnetized ferrite substrate the cross-polarized RCS components are zero. When the ferrite is magnetized, the cross-polarized RCS components become as significant as do the copolarized RCS components. It is also shown that a loaded patch has the effect of significantly reducing …

Discrimination Helps Companies Trade On Women's Sexuality, Mary E. Becker

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No abstract provided.

Offer, Acceptance, And Efficient Reliance, Richard Craswell

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In this article, Professor Craswell explores efficient reliance as an implicit economic rationale underlying courts' decisions in contract formation cases. Contracting parties often fail to express their intentions clearly and courts must later decide what the parties would have wanted ex ante. When negotiations fail, one party (S) may deny ever making a commitment, while the other party (B) may claim to have relied on the first party's statements or conduct. Professor Craswell observes that courts often find a binding commitment by S when reliance by B would have been efficient. After explaining when reliance is efficient, and why the …

"Do Justice!": Variations Of A Thrice-Told Tale, Michael Herz

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Although recent debates would suggest that narrative scholarship is brand new,4 lawyers, judges, and law professors, like all humankind, have always offered stories for illustration or support or to make a point in an indirect, and often more effective, way. Learned Hand's story about telling Justice Holmes to "do justice" is one widely-used example, offered by many writers in addition to Judge Bork and Professor Chayes. Its popularity is easy to understand. The story has a substantive message, pithily expressed, on a basic jurisprudential issue; it involves two members of the pantheon; and it crams a lot of human interest …

Does Deafness Lead To Enhancement Of Visual Spatial Cognition In Children? Negative Evidence From Deaf Nonsigners, Ila Parasnis, Vincent Samar, Jeffrey Bettger

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This study investigated whether deafness contributes to enhancement of visual spatial cognition independent of knowledge of a sign language. Congenitally deaf school children in India who were born to hearing parents and were not exposed to any sign language, and matched hearing controls, were given a test of digit span and five tests that measured visual spatial skills. The deaf group showed shorter digit span than the hearing group, consistent with previous studies. Deaf and hearing children did not differ in their performance on the visual spatial skills tests, suggesting that deafness per se may not be a sufficient factor …

Deaf Adults' Attitudes Toward Career Choices For Deaf And Hearing People In India, Ila Parasnis, Vincent Samar, Kalyam Mandke

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This study investigated the expressed attitudes of deaf people in India toward career choices for deaf and hearing people. Deaf adults from Pune, India rated the suitability of 12 professions for deaf and hearing people and gave written comments on the suitability of any other professions they could list. The results, in general, were consistent with those of other studies in the United States, England, Italy, south Africa, and India with hearing teachers and parents of deaf children, which indicated that the hearing status of imagined deaf and hearing advisees selectively influenced attitudes toward the suitability of certain professions. Some …

Combining Pulse Compression And Adaptive Drive Signal Design To Inverse Filter The Transducer System Response And Improve Resolution In Medical Ultrasound, S. Venkatraman, Navalgund Rao

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An adaptive inverse filtering technique has been incorporated into a medical ultrasound B-scan scheme that used a linear frequency modulated pulse for imaging. Resolution improvement is demonstrated with imaging experiments on wire targets and tissue-mimicking phantoms.

The Queuing Theoretical Approach To Groundwater Management, Amitrajeet Batabyal

Articles

RIT community members may access full-text via RIT Libraries licensed databases: http://library.rit.edu/databases/ In this paper I propose and develop a new framework for modeling groundwater management issues. Specifically, I apply the method of queuing theory -- for the first time, to the best of my knowledge -- to model a groundwater management problem from a long-run perspective. I characterize two simple management regimes as two different kinds of queues and then show how to pose a manager's decision problem as an optimization problem using queuing theoretic techniques. I solve for certain fundamental quantities, such as the expected system size, and …