Digital Commons Network^™

Apple Of Gold: Constitutionalism In Israel And The United States, Michel Rosenfeld

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No abstract provided.

On The Contribution Of Baseball To American Legal Theory, Charles M. Yablon

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The article explores the influence of baseball on American legal theory, arguing that baseball's rules and traditions have significantly shaped legal thought. It posits that baseball's structured yet flexible system, which acknowledges both luck and skill, offers valuable insights into legal principles and methodologies. The author contends that legal scholars have drawn parallels between baseball and law, leading to new perspectives in jurisprudence.

Legality Of Secessions: The Case Of Eritrea, Minasse Haile

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The article critically examines the legal basis for Eritrea's secession from Ethiopia in 1993, arguing that the secession lacks a solid foundation under international law. It contends that Eritrea's independence does not meet the criteria for self-determination as defined by international instruments, emphasizing that the process was flawed and did not genuinely reflect the will of the Eritrean people. The analysis highlights the international community's opposition to secession to preserve territorial integrity and stability, asserting that Eritrea's secession undermines peace and security in the Horn of Africa.

Publicly Held Servitudes In The New Restatement, Stewart E. Sterk

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The first Restatement of Servitudes, adopted by the American Law Institute fifty years ago, largely ignored public law issues. Because condominiums were largely unknown and homeowners' associations were in their infancy, the Restatement did not discuss, let alone resolve, the problems that arise when property owners create governance structures by private agreement. Similarly, the Restatement accorded no special treatment to the problems that arise when government, as landowner or as regulator, enters into servitude relationships. The current Restatement has remedied these omissions. Its not yet completed chapter on Property Owners' Associations has already received considerable attention. Less noticed, however, have …

Bioethics With A Human Face, Carl E. Schneider

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This Article and the successor article I will shortly publish grow out of one reaction I have had to years of reading bioethical and legal literature. Let me begin by putting the point in its simplest, even crudest, form: That literature too often discusses the problems of health care in so disembodied and denatured a way that the patients and physicians, the family and friends, the dread and the disease are quite abstracted from the scene. The result is a literature that critically limits itself and that crucially oversimplifies the issues it confronts. There are, of course, reasons bioethical and …

Jurisprudence And Personality In The Work Of John Rawls, David G. Carlson

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The article argues that John Rawls's concept of the person undergoes a significant shift between A Theory of Justice and Political Liberalism, necessitating a corresponding change in jurisprudence. In A Theory of Justice, Rawls employs a "correlative jurisprudence," where law is determinate, complete, and judges merely apply existing law. This approach is tied to a narrow, passive view of personality, treating individuals as mere loci of liberty and rights. In contrast, Political Liberalism presents a dynamic, contradictory conception of the person as a union of moral capacity and a determinate conception of the good. This shift, the article contends, requires …

The First Amendment's Challenge Function And The Confusion In The Supreme Court's Contemporary Free Exercise Jurisprudence, Marci A. Hamilton

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No abstract provided.

Blur Identification Based On Higher Order Spectral Nulls, Andreas Savakis, Roger L. Easton

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The identification of the point spread function (PSF) from the degraded image data constitutes an important first step in image restoration that is known as blur identification. Though a number of blur identification algorithms have been developed in recent years, two of the earlier methods based on the power spectrum and power cepstrum remain popular, because they are easy to implement and have proved to be effective in practical situations. Both methods are limited to PSF's which exhibit spectral nulls, such as due to defocused lens and linear motion blur. Another limitation of these methods is the degradation of their …

Living With The Ban On Nonrefundable Retainers: Cooperman's Scope, Meaning And Consequences, Lester Brickman, Lawrence A. Cunningham

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No abstract provided.

The Place Of Caste Under The Civil Rights Laws: From Jim Crow To Same Sex Marriages, Richard A. Epstein

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No abstract provided.

Chaos, Period-Doubling And Reverse Bifurcations In An Optically Injected Semiconductor Laser, Vassilios Kovanis, Athanasios Gavrielides, Thomas Simpson

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In conclusion, we have observed a reverse bifurcation from chaotic to periodic dynamics in a semiconductor laser subject to strong optical injection at its free-running frequency. Spontaneous emission noise effects obscure specific spectral features in the reverse period-doubling region, but by measuring the dynamic parameters of the laser we have shown that the coupled complex-field and carrier density model accounts for the observed spectra.

Controlling Unstable Periodic Orbits In A Nonlinear Optical System: The Ikeda Map, Paul Alsing, Athanasios Gavrielides, Vassilios Kovanis

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With the publication of the seminal paper by Ott, Grebogi and Yorke (OGY) [l] the concept of controlling chaos has become part of the lexicon of physicists and engineers dealing with chaotic nonlinear dynamical systems. The authors showed that by using small, judiciously applied perturbations the unstable periodic orbits, which are dense in a chaotic attractor, could be stabilized. The strength of their approach lies in the absence of the necessity for any a priori analytical model of the chaotic system in order to affect the control. The information required to construct the controlling perturbations can be extracted from experimental …

The Partial Republican, John O. Mcginnis

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No abstract provided.

Bioethics In The Language Of The Law, Carl E. Schneider

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What happens when the language of the law becomes a vulgar tongue? What happens, more particularly, when parties to bioethical discourse are obliged to borrow in their daily controversies the ideas, and even the language, peculiar to judicial proceedings? How suited are the habits, taste, and language of the judicial magistrate to the political, and more particularly, the bioethical, questions of our time? We ask these questions because, as the incomparable Tocqueville foresaw, Americans today truly do resolve political-and moral--questions into judicial questions. As Abraham Lincoln hoped, the Constitution "has become the political religion of the nation," and many Americans …

Liberty And Property: Lord Bramwell And The Political Economy Of Liberal Jurisprudence Individualism, Freedom, And Utility, David Abraham

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No abstract provided.

Pushing The Law To Encompass The Reality Of Our Families: Protecting Lesbian And Gay Families From Eviction From Their Homes - Braschi'S Functional Definition Of Family And Beyond, Paris R. Baldacci

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No abstract provided.

Experimental Stark Shift Of Several Nii And Oii Spectral Lines, Mara Scepanovic, Vladimir Milosavljevic, Stevan Djenize, Mihajlo Platisa, Jaroslav Labat

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Stark shift of four NII and seven OII spectral lines have been measured for the first time in the linear low pressure pulsed arc plasma and compared with existing theoretical values.

Discussion And Decisions: A Proposal To Replace The Myth Of Self-Rule With An Attorneyship Model Of Representation, Marci A. Hamilton

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The traditional model used by legal scholars to describe our system of representative democracy seeks to justify representation as a fulfillment of the self-rule ideal Many scholars, however, have argued that certain features of the modem legislative process undermine self-rule, and have proposed means by which judicial review can correct legislative failures and restore self-rule to primacy. Drawing on German philosopher Carl Schmitt's critique of parliamentary democracy in Weimar Germany, Professor Hamilton posits that scholarly attempts to reconcile self-rule with representative democracy are misguided. Representation based on self-rule will inevitably lead to interest-group politics, resulting in meaningless and endless debate …

Religion And The Search For A Principled Middle Ground On Abortion, Michael W. Mcconnell

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No abstract provided.

Nations Without States, Gidon A. G. Gottlieb

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No abstract provided.

Comment: Theory And Practice In Dna Fingerprinting, Richard O. Lempert

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Throughout her useful paper on DNA identification, Professor Roeder properly attends to both theory and practice. Thus she acknowledges the theoretical soundness of certain criticisms that have been made of the standard paradigm used to evaluate DNA random match probabilities but argues that in practice these criticisms matter little. I am thinking here of the arguments that those cautioning against overweighing DNA evidence have made regarding the undeniable existence of population substructure and its potential implications for independence assumptions supporting the application of the product rule and for the use of convenience samples, such as data garnered from no more …

The State Of Madison's Vision Of The State, Frank H. Easterbrook

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No abstract provided.

Marriage, Morals, And The Law: No-Fault Divorce And Moral Discourse, Carl E. Schneider

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In this Essay, I want to reflect on no fault-divorce and the social attitudes that underlie it. In particular, I want to consider that reform in light of an article I wrote some years ago entitled Moral Discourse and the Transformation of American Family Law. There I argued that in recent years the language of American family law has changed notably: today family law issues are decreasingly discussed in the language of morality. In other words, legal institutions have decreasingly talked about those issues in moral terms. Rather, they have tended to avoid handling some moral issues altogether-often by …

Professor Cornelius J. Peck: A Man Of Many Talents, Ralph W. Johnson

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Outstanding teacher, authoritative writer, master winemaker, successful labor arbitrator, durable bicyclist, avid gardener, occasional portrait painter, and more. Meet University of Washington School of Law Professor Emeritus Cornelius J. Peck. Born in Calumet, Michigan, he attended public schools in Iron Mountain, Michigan, and found his way east to Harvard, where he received a B.S. degree in 1944 and an LL.B. in 1949. He was a Harvard National Scholar while he worked on his B.S. and law degrees. He held two jobs with the U.S. Department of Justice and one with the National Labor Relations Board before joining the University of …

Nationalism And The Right To Self-Determination: The Arab-Israeli Conflict, Malvina Halberstam

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Self-determination is a slogan that has captured the imagination of people throughout the world. Numerous U.N. General Assembly resolutions have exalted self-determination, often above the fundamental rights specifically provided for in the U.N. Charter. Notwithstanding these resolutions, in practice, self-determination generally has been applied only to the dismemberment of colonial empires. Its universal application is neither possible nor desirable.

In the Arab-Israeli conflict, self-determination was never truly the issue. The conflict has been deliberately transformed into a claim for self-determination as a political tactic designed to gain the support of third world countries in the United Nations. The issues in …

The Psychological Consequence Of A Bypass Operation: All Of The Things About A Heart Bypass Operation That Your Physicians Were Too Busy To Tell You!, Morton Isaacs

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No abstract provided.

Ion Implantation Of Porous Silicon, C. Peng, Philippe M. Fauchet, J. M. Rehm, G. L. Mclendon, F. Seiferth, Santosh K. Kurinec

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Investigates the ion implantation of porous silicon (Si). Properties of light-emitting Si; Application of continuous-wave and time dependent photoluminescence spectroscopies; Comparison of dopant implantation effect in varying doses.

A Cd-Rom Based Agricultural Information Retrieval System, H W. Beck, P H. Jones, Dennis G. Watson

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An information retrieval system for agricultural extension was developed using CD-ROM technology as the primary medium for information delivery. Object-oriented database techniques were used to organize the information. Conventional retrieval techniques including hypertext, fulltext searching, and relational databases, and decision support programs such as expert systems were integrated into a complete package for accessing information stored on the CDROM. A multimedia user interface was developed to provide a variety of capabilities including computer graphics and high-resolution digitized images. Information for the disk was gathered and entered using extension publications which were tagged using an SGML-based document markup language. The fully …

Performance Study Of Maximum Likelihood Receivers And Transversal Filters For The Detection Of Direct Sequence Spread Spectrum Signal In Narrowband Interference, Arif Ansari, R. Viswanathan

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Linear least squares estimation techniques can be used to enhance suppression of narrowband interference in direct sequence spread spectrum systems. Nonlinear techniques for this purpose have also been investigated recently. In this paper, we derive maximum likelihood receivers for direct sequence signal in Gaussian interference with known second order characteristics. It is shown that if the receiver uses samples from outside the bit interval, then the receiver structure is nonlinear. The bit error rate performances of these receivers are compared to those of linear receivers employing one-sided and two-sided least squares estimation filters, for the case of Gaussian autoregressive interference. …

Optimal Nonlinear Estimation Of Linear Stochastic Systems, Mark Hopkins, H.F. Vanlandingham

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No abstract provided.