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Articles 16501 - 16530 of 20079
Full-Text Articles in Entire DC Network
Judicial Ethics Simulation Based Training, Stephen M. Simon, Maury S. Landsman
Judicial Ethics Simulation Based Training, Stephen M. Simon, Maury S. Landsman
Articles
The Judicial Ethics Education Project trains trial judges to be aware of ethical issues that arise in the trial process. The project employs case simulations that raise ethical and management issues requiring immediate attention during the course of a trial. The goal of the project is to provide sitting judges with a basis on which to make similar decisions during trials. The project grew out of and is incorporated into the Minnesota Judicial Trial Skills Training Program ("MJTSTP") at the University of Minnesota, which was created in 1986 by Professor Steve Simon and Judge Bertrand Portisky and is mandatory for …
Personal Jurisdiction In The Bankruptcy Context: A Need For Reform, Edward Adams, Rachel E. Iverson
Personal Jurisdiction In The Bankruptcy Context: A Need For Reform, Edward Adams, Rachel E. Iverson
Articles
This Article analyzes and evaluates the debate concerning a bankruptcy court's ability to assert personal jurisdiction over a foreign entity. Additionally, this Article advocates that the Bankruptcy Rules be amended to conform to the new federal long-arm statute, FRCP 4. More specifically, this Article asserts and demonstrates that: (1) the current status of the law in bankruptcy cases regarding personal jurisdiction is uncertain; (2) prior to the 1993 amendments to FRCP 4, some courts improperly broadened the jurisdiction of bankruptcy courts by allowing them to assert power over defendants by focusing on a defendant's nationwide contacts as opposed to contacts …
Fuzzifying The Natural Law--Legal Positivist Debate, Edward S. Adams, Torben Spaak
Fuzzifying The Natural Law--Legal Positivist Debate, Edward S. Adams, Torben Spaak
Articles
Legal scholars have long debated various theories of law. The debate between natural lawyers and legal positivists is case in point. This debate centers, as is well known, on the claim that there is a conceptual connection between law and morality. Natural law theorists maintain that there is such a connection, whereas legal positivists maintain that there isn't. The dialogue in this article details the respective positions of a natural law theorist, Naturalis, a legal positivist, Positivus, and a fuzzy logician, Multivalus, with regard to a case that arose in post-war Germany. As the dialogue highlights, fuzzy logic is a …
A New Model Of Radical Democracy, Ellen Hazelkorn
Frequency Dependence Of Phase Difference Between Synchronised Self-Pulsating Laser Emission And Injected Periodic Signals, A. Egan, G. O'Gorman, P. Rees, Gerald Farrell, Joe Hegarty, P. Phelan
Frequency Dependence Of Phase Difference Between Synchronised Self-Pulsating Laser Emission And Injected Periodic Signals, A. Egan, G. O'Gorman, P. Rees, Gerald Farrell, Joe Hegarty, P. Phelan
Articles
The authors show by experiment and calculation that, for self pulsating laser diodes synchronised to external electrical signals, a phase shift exists between the applied signal and the laser output. The authors then show that this phase shift depends on the frequency difference between these signals and on the applied signal amplitude.
Degradation Of Optical Bistability In Surface Stabilized Ferroelectric Liquid Crystal (Ssflc) Cells., S. Mac Lughadha, Yuri Panarin, J. Vij
Degradation Of Optical Bistability In Surface Stabilized Ferroelectric Liquid Crystal (Ssflc) Cells., S. Mac Lughadha, Yuri Panarin, J. Vij
Articles
No abstract provided.
Back To The Briarpatch: An Argument In Favor Of Constitutional Meta-Analysis In State Action Determinations, Ronald J. Krotoszynski Jr.
Back To The Briarpatch: An Argument In Favor Of Constitutional Meta-Analysis In State Action Determinations, Ronald J. Krotoszynski Jr.
Articles
No abstract provided.
Putting Women First, Mary I. Coombs
Title Vii Arbitration, Patrick O. Gudridge
Title Vii Arbitration, Patrick O. Gudridge
Articles
Supreme Court decisions establish two separate lines of analysis concerning whether arbitration agreements should pre-empt judicial remedies for parties already covered by employment and labor legislation. First, in cases like Gilmer v. Interstate/Johnson Corp., the Supreme Court espouses a procedural analysis: the Court considers the extent to which the arbitration procedures reflect judicial processes. In Alexander v. Gardner-Denver and its successors, on the other hand, the Court examines whether the applicable statutes explicitly pre-empt the arbitration agreement. This article argues that neither approach is helpful. Rather, 'courts should consider whether the relevant statute applies standards derived essentially from "inside" …
Defending Racial Violence, Anthony V. Alfieri
On The Calculation Of The Exponential Bound Parameter For Phase Quantized 8-Psk, Michael D. Ross, William P. Osborne
On The Calculation Of The Exponential Bound Parameter For Phase Quantized 8-Psk, Michael D. Ross, William P. Osborne
Articles
The exponential bound parameter is numerically evaluated for 16-zone quantized 8-PSK for signal vectors bisecting decision regions and for signal vectors lying on decision boundaries. For decision regions of equal span, signal vectors lying on decision boundaries are superior, confirming the result of Parsons and Wilson (1990). Signal vectors bisecting decision regions are superior if span of decision regions not containing signal vectors is optimized. Using the partial derivative, it is shown that the optimal configuration depends on SNR. Furthermore, the optimal configuration is not necessarily one in which the decision boundaries are straight lines.
On Snr As A Measure Of Performance For Narrowband Interference Rejection In Direct Sequence Spread Spectrum Systems, Arif Ansari, R. Viswanathan
On Snr As A Measure Of Performance For Narrowband Interference Rejection In Direct Sequence Spread Spectrum Systems, Arif Ansari, R. Viswanathan
Articles
The usefulness of SNR as a figure of merit to quantify the narrowband interference rejection capability of a DS receiver is examined. The interference considered is a peaked autoregressive Gaussian process. The probability of error and SNR estimates of a Kalman, a modified Kalman, and a nonlinear filter proposed in [2] are obtained by simulation. Based on this simulation study and the available theoretical error rate analysis of transversal filters, we can conclude that SNR is a useful measure if the processing gain, PG, of the DS system is moderately large. When the PG is small, such as 7, and …
Introduction Symposium On Trends In Legal Citations And Scholarship: Introduction, Jean Stefancic, Fred R. Shapiro
Introduction Symposium On Trends In Legal Citations And Scholarship: Introduction, Jean Stefancic, Fred R. Shapiro
Articles
No abstract provided.
Applying Revenue Procedure 95-10 To The Classification Of Limited Liability Companies Notes, Susan Pace Hamill, Jerry C. Oldshue Jr.
Applying Revenue Procedure 95-10 To The Classification Of Limited Liability Companies Notes, Susan Pace Hamill, Jerry C. Oldshue Jr.
Articles
No abstract provided.
Into The Woods: Broadcasters, Bureaucrats, And Children's Television Programming Comments, Ronald J. Krotoszynski Jr.
Into The Woods: Broadcasters, Bureaucrats, And Children's Television Programming Comments, Ronald J. Krotoszynski Jr.
Articles
No abstract provided.
Grant Gilmore, Holmes, And The Anxiety Of Influence, Charles M. Yablon
Grant Gilmore, Holmes, And The Anxiety Of Influence, Charles M. Yablon
Articles
The article explores Grant Gilmore's ambivalent relationship with Oliver Wendell Holmes, particularly in The Death of Contract. Gilmore both praises Holmes's intellectual brilliance and critiques his formalistic approach to contract law. Drawing on Harold Bloom's The Anxiety of Influence, the analysis suggests that Gilmore engages in a struggle with Holmes's legacy, reflecting a mix of admiration and opposition, akin to how strong poets handle influential predecessors.
Judicial Drag: An Essay On Wigs, Robes And Legal Change, Charles M. Yablon
Judicial Drag: An Essay On Wigs, Robes And Legal Change, Charles M. Yablon
Articles
The article explores the persistence of judicial wigs and robes in England, arguing that their continued use is not based on practical reasons but on historical and cultural path dependency. The tradition, despite its anachronistic nature, endures due to factors like dignity, anonymity, and economic interests, rather than any functional necessity. The author suggests that such legal customs often persist because of historical context rather than optimal design.
An Introduction To Environmental Law In The United States, Michael E. Herz
An Introduction To Environmental Law In The United States, Michael E. Herz
Articles
No abstract provided.
An Introduction To Environmental Law In The United States Of America, Michael E. Herz
An Introduction To Environmental Law In The United States Of America, Michael E. Herz
Articles
There is an old joke about someone who, having taken a course in speed reading, is able to finish War and Peace in an afternoon. On bragging about this accomplishment, he is asked what the book was about. His entire response: "Russia." In attempting to fulfil my charge to summarize American environmental law in a few pages I fear that I risk a similar result. With such ruthless simplification, the reader may came away with no more understanding of this enormous, detailed, and complex body of law than the speed reader had of Tolstoy, knowing only that American environmental law …
Eti, Phone The Department Of Labor: Economically Targeted Investments, Ib 94-1 And The Reincarnation Of Industrial Policy, Edward A. Zelinsky
Eti, Phone The Department Of Labor: Economically Targeted Investments, Ib 94-1 And The Reincarnation Of Industrial Policy, Edward A. Zelinsky
Articles
In Interpretive Bulletin 94-1 (B 94-1), the Department of Labor defines economically targeted investments (ETIs) as investments which bear risk-adjusted, market rates of return and which also generate collateral economic benefits. lB 94-1 declares ETIs, so defined, to be consistent with the fiduciary provisions of the Employee Retirement Income Security Act of 1974 (ERISA). In his critique of lB 94-1, Professor Edward Zelinsky finds the ET1 concept unsound as a matter of policy and logic and incompatible with ERISA's statutory standards governing pension trustees' investment decisions. Professor Zelinsky views 1B 94-1 as resurrecting the discredited notion of industrial policy. He …
Standards Of Professional Conduct In Alternative Dispute Resolution, John Feerick, Carol Izumi, Kimberlee Kovach, Lela Love, Robert Moberly, Leonard Riskin, Edward Sherman
Standards Of Professional Conduct In Alternative Dispute Resolution, John Feerick, Carol Izumi, Kimberlee Kovach, Lela Love, Robert Moberly, Leonard Riskin, Edward Sherman
Articles
The Alternative Dispute Resolution Section of the Association of American Law Schools presented a program, at a 1995 AALS Conference, on current ethical issues that arise in mediation and how these issues should be addressed by the standards of professional conduct. The panel for the program was composed of leading mediation scholars and practitioners from throughout the country. The program was organized by Professor Edward Sherman who also acted as the panel moderator and provided the following introduction.
A Use For That Last Cup Of Coffee: Film And Paper Development, Scott Williams, Technical Photographic Chemistry 1995 Class
A Use For That Last Cup Of Coffee: Film And Paper Development, Scott Williams, Technical Photographic Chemistry 1995 Class
Articles
A novel application for coffee - DEVELOPING your film and photographic papers with it! Detailed in an article by Dr. Scott Williams and his Technical Photo Chemistry students and published in Sept/Oct 1995 issue of DCCT.
Distance Teaching-Learning In Abnormal Psychology, Morton Isaacs
Distance Teaching-Learning In Abnormal Psychology, Morton Isaacs
Articles
No abstract provided.
Ten Arguments Against Hate-Speech Regulation: How Valid Symposium: Political Correctness In The 1990'S And Beyond, Richard Delgado, Jean Stefancic
Ten Arguments Against Hate-Speech Regulation: How Valid Symposium: Political Correctness In The 1990'S And Beyond, Richard Delgado, Jean Stefancic
Articles
No abstract provided.
The United Nations High Commissioner For Human Rights: Challenges And Opportunities, Janet E. Lord
The United Nations High Commissioner For Human Rights: Challenges And Opportunities, Janet E. Lord
Articles
The establishment of a High Commissioner for Human Rights brings to fruition a proposal that has appeared in many different guises since the early days of the United Nations. It also fulfills the desire of those who would like the world community to demonstrate concern for human rights and fundamental freedoms in a concrete and effective manner. This Article discusses the history of the efforts to create the Office of High Commissioner for Human Rights, the currents that prevented an earlier acceptance of the post, and the anticipated role of the High Commissioner in a world community where human rights …
Art Of Judgement In Planned Parenthood V. Casey, James Boyd White
Art Of Judgement In Planned Parenthood V. Casey, James Boyd White
Articles
This article was excerpted and abridged with permission from a chapter in Professor White's recent book Acts of Hope: Creating Authority in Literature, Law, and Politics. In the book, he explores the nature of authority in various cultural contexts. Here he examines the Joint Opinion in Planned Parenthood v. Casey, which has been attacked both from the right, on the grounds that it tried to keep Roe v. Wade alive, and from the left, on the grounds that it significantly weakens the force of that case. Professor White, by contrast, admires it greatly, and in this chapter explains …
Opinion Letter As To The Patentability Of Certain Inventions Associated With The Identification Of Partial Cdna Sequences, Rebecca S. Eisenberg, Robert P. Merges
Opinion Letter As To The Patentability Of Certain Inventions Associated With The Identification Of Partial Cdna Sequences, Rebecca S. Eisenberg, Robert P. Merges
Articles
You have asked for our legal opinion on the patentability of inventions claimed in U.S. patent applications 07/716,831, filed June 21, 1991 (the '831 application, or .'831"), 07/837,195, filed September 25, 1992 ("'195"), and 07/952,911, filed February 12, 1993 (."911"), all filed in the name of Craig Venter and others and assigned to the National Institutes of Health "(NIH)." We understand that NIH has abandoned these patent applications and has no present intention of filing similar applications in the future, but that NIH remains interested in the patenting of human DNA sequences from a broader public policy perspective. We have …
Reply To Comments On The Patentability Of Certain Inventions Associated With The Identification Of Partial Cdna Sequences, Rebecca S. Eisenberg, Robert P. Merges
Reply To Comments On The Patentability Of Certain Inventions Associated With The Identification Of Partial Cdna Sequences, Rebecca S. Eisenberg, Robert P. Merges
Articles
A brief reply is in order to clarify our position on the patenting of research tools. We stand by the statement that "there are reasons to be wary of patents on research tools," but that statement should not be understood as a broad condemnation of patents on research tools in all contexts. Indeed, immediately after the cited language our opinion letter acknowledges that withholding patent protection from research tools could undermine private incentives to develop research tools and to make them available to investigators or lead to greater reliance on trade secrecy. Unlike the government, which purports to pursue patent …
Confrontation And The Utility Of Rules, Richard D. Friedman, Ronald J. Allen, Alex Stein, Roger C. Park, Margaret A. Berger, Nancy J. King, John Jackson, Eleanor Swift, Craig R. Callen, Eileen A. Scallen
Confrontation And The Utility Of Rules, Richard D. Friedman, Ronald J. Allen, Alex Stein, Roger C. Park, Margaret A. Berger, Nancy J. King, John Jackson, Eleanor Swift, Craig R. Callen, Eileen A. Scallen
Articles
There is a good reason why evidence scholars continue to be fascinated and perplexed, and some courts continue at least to be perplexed, by the types of evidence that tend to be lumped together misleadingly under the headings nonassertive conduct or implied assertions. Evidence of this sort highlights a paradox of the prevailing law of hearsay. I believe that this paradox cannot be resolved without fundamentally transforming the structure of that law. Thus, while I agree - within the current framework - with many of the insights so ably stated in this Symposium, I think evidence scholars must devote their …
Harvey's Silence (Symposium: Letters To The Commission), James J. White
Harvey's Silence (Symposium: Letters To The Commission), James J. White
Articles
Harvey Miller has a reputation as a leading bankruptcy lawyer, and he deserves it. As his criticism shows, he understands why and how the Code changed the Act in 1978 and how the drafters of Chapter 11 erred. Better than all but a handful of other lawyers, Harvey Miller knows how to manipulate Chapter 11 to serve his clients' interests. He understands both the legal and practical intricacies of Chapter 11. Were I the CEO of a large and troubled company, I would hire Harvey Miller and gladly pay him twice what most other bankruptcy lawyers would charge. In short, …