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Articles 17161 - 17190 of 20079
Full-Text Articles in Entire DC Network
Bankruptcy Theory And The Creditors' Bargain, David G. Carlson
Bankruptcy Theory And The Creditors' Bargain, David G. Carlson
Articles
The article critiques the traditional "simple creditors' bargain" theory in bankruptcy law, arguing that it fails to align with libertarian principles due to its inability to justify bankruptcy discharges and its exclusion of debtors and non-creditors. It then explores an "expanded creditors' bargain," which attempts to address distributive aspects but ultimately falls short by excluding non-consensual creditors and failing to explain why contractual risk allocation is insufficient. The analysis highlights the theory's shortcomings in handling various creditor types and risks, questioning its validity in explaining bankruptcy law.
The Place Of The Humanities And Social Sciences In Post-Secondary Technological Institutions, Boris Mikoiji, Morton Isaacs
The Place Of The Humanities And Social Sciences In Post-Secondary Technological Institutions, Boris Mikoiji, Morton Isaacs
Articles
No abstract provided.
Abduction From The Seraglio: Feminist Methodologies And The Logic Of Imagination, Jeanne L. Schroeder
Abduction From The Seraglio: Feminist Methodologies And The Logic Of Imagination, Jeanne L. Schroeder
Articles
The article critiques the "different voice" theory in feminist jurisprudence, arguing that it risks reinforcing gender stereotypes and lacks a normative framework to challenge dominant masculinist perspectives. It also examines MacKinnon's contributions to feminist legal theory, highlighting both her strengths, such as her recognition of the need for a comprehensive alternative to masculinist theories, and her limitations, particularly her failure to develop a robust methodology for hypothesis verification. The article emphasizes the importance of distinguishing between hypothesis formation and proof in jurisprudence and advocates for a more nuanced approach to gender jurisprudence that avoids essentialism and integrates psychological insights without …
Telling Tales In Court: Trial Procedure And The Story Model, Richard O. Lempert
Telling Tales In Court: Trial Procedure And The Story Model, Richard O. Lempert
Articles
There are three ways in which stories may figure prominently at trials. First, litigants may tell stories to jurors. Not only is there some social science evidence that this happens, but trial lawyers have an instinctive sense that this is what they do. Ask a litigator to describe a current case and she is likely to reply, "Our story is ... " Second, jurors may try to make sense of the evidence they receive by fitting it to some story pattern. If so, the process is likely to feed back on itself. That is, jurors are likely to build a …
Some Caveats Concerning Dna As Criminal Identification Evidence: With Thanks To The Reverend Bayes, Richard O. Lempert
Some Caveats Concerning Dna As Criminal Identification Evidence: With Thanks To The Reverend Bayes, Richard O. Lempert
Articles
The conference panel at which this paper was originally presented was structured along the lines of a debate. The three speakers who were supposed to advocate the use of DNA evidence were labeled, as is customary, Proponents. But those who were supposed to take the negative side were not called Opponents. Rather they were labeled Caveators. I do not know who is responsible for this label, but I think it gets things exactly right. To my mind anyone considering DNA as criminal identification evidence should be a Caveator. The promise and utility of DNA analysis in identifying the perpetrators of …
Law And Society In A New South Community: Durham County, North Carolina, 1898-1899, James L. Hunt
Law And Society In A New South Community: Durham County, North Carolina, 1898-1899, James L. Hunt
Articles
No abstract provided.
The Fall And Rise Of The Criminal Contingent Fee, Peter Lushing
The Fall And Rise Of The Criminal Contingent Fee, Peter Lushing
Articles
The article argues that the ban on contingent fees for criminal defense attorneys, established by the American Bar Association in 1969, is outdated and should be repealed. It contends that the ban is rooted in historical prejudice and unfounded concerns about conflicts of interest, rather than empirical evidence. The author suggests that the Supreme Court's 1989 decision implicitly approving contingent fees in certain criminal cases presents an opportunity to reconsider this prohibition. Repealing the ban could benefit middle-class defendants and allow for regulation and data collection to address potential issues.
Qualified Plans And Identifying Tax Expenditures: A Rejoinder To Professor Stein, Edward A. Zelinsky
Qualified Plans And Identifying Tax Expenditures: A Rejoinder To Professor Stein, Edward A. Zelinsky
Articles
No abstract provided.
The Fourth Amendment And Its Exclusionary Rule, Yale Kamisar
The Fourth Amendment And Its Exclusionary Rule, Yale Kamisar
Articles
"The history of liberty," Justice Felix Frankfurter once noted, "has largely been the history of observance of procedural safeguards" and "the history of the destruction of liberty," Professor Anthony Amsterdam has added, "has largely been the history of the relaxation of those safeguards in the face of plausible sounding governmental claims of a need to deal with widely frightening and emotion freighted threats to the good order of society." These plausible-sounding government claims are being heard today -and they are putting enormous pressure on the Fourth Amendment, the constitutional provision that protects "the right of the people to be secure …
Copyright As Myth, Jessica D. Litman
Copyright As Myth, Jessica D. Litman
Articles
It has become fashionable to seek to formulate, or reformulate, copyright law as an expression of overarching grand theory. Perhaps the most prominent manifestation of this trend has been the recasting of copyright law in the mold of economic incentives; a more recent upstart competitor seeks to reclaim the debate by invoking the philosophical precepts of Hohfeld, Hegel and Locke. Occasionally, the literature gives us polite debates about which of the competing theoretical models is more misguided. Meanwhile, another voice in the copyright literature has been complaining that the law is remarkably unaccommodating of the actual process of creating works …
Infrared And Visible Photometry Of The Gravitational Lens Systems 2237 + 030, Daniel Nadeau, Howard Yee, William Forrest
Infrared And Visible Photometry Of The Gravitational Lens Systems 2237 + 030, Daniel Nadeau, Howard Yee, William Forrest
Articles
As part of a program of high spatial resolution imaging of gravitationally lensed sources in the visible and IR, images of 2237 + 030 were obtained in the Gunn r and infrared J, H, K, and 3.3 micron filters. The results of the photometry of the four bright quasar components provide evidence of extinction through the lens and a determination of the extinction law in the galaxy is made. The energy distribution shows evidence of a sharp decrease of the spectral index at wavelengths longer than a rest wavelength of 1 micron. Assuming that microlensing amplification in the IR is …
Modeling Ultrasound Speckle Formation And Its Dependence On Imaging System’S Impulse Response, Navalgund A. H. K. Rao, Hui Zhu
Modeling Ultrasound Speckle Formation And Its Dependence On Imaging System’S Impulse Response, Navalgund A. H. K. Rao, Hui Zhu
Articles
Ultrasonic echoes, backscattered from an inhomogeneous medium have the character of a random signal, which is mainly responsible for the observed speckle in medical images. Such a medium can be modeled as a uniform matrix with scattering bodies distributed randomly. When the number of density of scatterers is high, the individual scatterers are not resolved by the imaging process, and a speckle pattern is produced as a result of interference of waves from many scatterers within the resolution cell volume. This cell volume depends on the beam profile and the pulse width of the interrogating pulse. We have used a …
Fragile Gains: Two Centuries Of Canadian And United States Policy Toward Indians, Ralph W. Johnson
Fragile Gains: Two Centuries Of Canadian And United States Policy Toward Indians, Ralph W. Johnson
Articles
The United States and Canada share a common history in their policies toward and legal treatment of the Native Americans that historically have occupied both countries. The Royal Proclamation of 1763 established a policy of recognizing Aboriginal title and treating with Indians that was binding on the colonies that preceded both countries, and influenced both governments in later dealings with tribes. Assimilationist themes are evident as well in the national policy toward Indians in both countries. Nevertheless, historically and in the present, national policies and laws of the two governments can be contrasted. This Article sets forth a detailed comparison …
United States V. United States: When Can The Federal Government Sue Itself?, Michael E. Herz
United States V. United States: When Can The Federal Government Sue Itself?, Michael E. Herz
Articles
No abstract provided.
Luminescence Of Ruthenium (Ii) Polypyridyls – Evidence For Intercalative Binding To Z-Dna, Alan Friedman, C. Kumar, Nicholas Turro
Luminescence Of Ruthenium (Ii) Polypyridyls – Evidence For Intercalative Binding To Z-Dna, Alan Friedman, C. Kumar, Nicholas Turro
Articles
Photophysical studies have been undertaken to characterize the binding interactions of enantiomers of Ru(phen)3(2+), Ru(DIP)3(2+), and racemic Ru(bpy)2dppz2+ (where phen = 1,10-phenanthroline, DIP = 4,7-diphenylphenanthroline, and dppz = dipyridophenazine) with Z-form poly d(GC). Parallel enhancements in steady state luminescent intensity and a lengthening of luminescent lifetimes are seen for ruthenium enantiomers with Z-DNA as for B-DNA but with enantio-selectivities reversed. Greater enhancements are seen for DELTA-isomers with the right-handed helix but for LAMBDA-isomers with the left-handed helix. Ru(bpy)2dppz2+, an avid intercalator in B-DNA, displays no luminescence free in aqueous solution, but luminesces brightly bound to either B- or Z-poly d(GC). …
Oil And The Public Trust Doctrine In Washington, Ralph W. Johnson
Oil And The Public Trust Doctrine In Washington, Ralph W. Johnson
Articles
The tragic spill of millions of gallons of oil into Alaska's Prince William Sound alerted the people of Washington to the danger of spills in Puget Sound. In Washington, the danger heightens as the amount of oil transported through the Sound increases. Indeed, Coast Guard figures show about 1,500 tanker movements in Puget Sound in 1988, a 50 percent increase over 1974.2 Moreover, the spill from the Exxon Valdez taught us that, because very little can be done after a spill, the only truly effective means of preventing damage from oil spills is to prevent them in the first place. …
Degnerate Four-Wave Mixing In Rhodamine Doped Epoxy Waveguides, B. Rossi, Hugh Byrne, W. Blau
Degnerate Four-Wave Mixing In Rhodamine Doped Epoxy Waveguides, B. Rossi, Hugh Byrne, W. Blau
Articles
Self-diffraction from laser-induced gratings is observed in a 13 pm-thick film of rhodamine I3 doped epoxy. The decay of the grating is measured to be 2.05 ns. Degenerate forward four-wave mixing in a guided geometry is observed by coupling out all beams after nronagation over 1 mm. At 595 nm the third-order nonlinear susceptibility of the film is measured to be 1.5~10-‘~ m2Ve2.
Should Judges Take Seriously The Sentencing Commission's Standards For Accepting Plea Agreements?, David Yellen
Should Judges Take Seriously The Sentencing Commission's Standards For Accepting Plea Agreements?, David Yellen
Articles
No abstract provided.
Metro Broadcasting, Inc. V Fcc: Affirmative Action At The Crossroads Of Constitutional Liberty And Equality, Michel Rosenfeld
Metro Broadcasting, Inc. V Fcc: Affirmative Action At The Crossroads Of Constitutional Liberty And Equality, Michel Rosenfeld
Articles
The article examines the Supreme Court's inconsistent approach to affirmative action, particularly through the lens of *Metro Broadcasting, Inc. v. FCC*, which upheld the FCC's race-based policies to promote broadcast diversity. While the decision aligns with constitutional values of equality and free speech, the Court's opinions fail to coherently reconcile liberty and equality principles. The article argues for a more integrated framework to address the complexities of affirmative action jurisprudence and its intersection with First Amendment rights.
An Analytical Model Of Earth-Observational Remote Sensing Systems, John Kerekes, David Landgrebe
An Analytical Model Of Earth-Observational Remote Sensing Systems, John Kerekes, David Landgrebe
Articles
The field of optical remote sensing for the analysis of Earth’s resources has grown tremendously over the past 20 years. With increasing societal concern over such problems as ozone layer depletion and global warming, political support is likely to continue that growth. NASA has recently begun a program that will use state of the art sensor technology and processing algorithms to gain ever more detailed data about our Earth. To better understand the remote sensing process, research has begun on modeling the process as a system and investigating the interrelationships of system components. This paper presents a system model for …
Parameter Trade-Offs For Imaging Spectroscopy Systems, John Kerekes, David Landgrebe
Parameter Trade-Offs For Imaging Spectroscopy Systems, John Kerekes, David Landgrebe
Articles
To help better understand the problems of specifying data acquisition parameters and extracting desired information from the voluminous data, research has been focused on understanding the remote sensing process as a system and investigating the interrelated effects of various parameters. A system model is used to explore system parameter trade-offs for a model sensor based on the High-Resolution Imaging Spectrometer (HIRIS). Radiometric performance was studied, along with the effect on classification accuracy of several system parameters. The atmosphere and sensor have significant effects on the mean received signal and noise performance. The effect of random uncorrelated errors in the radiometric …
Experimental Point Spread Function Of Fm Pulse Imaging Scheme, Navalgund Rao, Sumat Mehra
Experimental Point Spread Function Of Fm Pulse Imaging Scheme, Navalgund Rao, Sumat Mehra
Articles
An imaging scheme to generate B-scan ultrasound images using frequency modulated (FM) pulses, is utilized. A prototype experimental setup is used to perform single imaging tasks in attenuating and nonattenuating medium. The post processing of the acquired data was carried out digitally. The objective is to study the two-dimensional point spread function as a function of the FM pulse parameters.
Impulse Response Of An Ultrasonic Imaging Scheme That Uses Frequency Modulated Pulses, Sumat Mehra, Navalgund Rao
Impulse Response Of An Ultrasonic Imaging Scheme That Uses Frequency Modulated Pulses, Sumat Mehra, Navalgund Rao
Articles
An imaging scheme to generate 6-scan ultrasound images using frequency modulated (FM) pulses, has been outlined. A prototype experimental setup is used to perform simple imaging tasks in attenuating and non-attenuating medium. The post processing of the acquired data was carried out digitally. The objective was to study the two-directional point spread function as a function of the FM pulse parameters.
Does A College Degree Influence The Occupational Attainments Of Deaf Adults? An Examination Of The Initial And Long Term Impact Of College, William Welsh, Susan Foster
Does A College Degree Influence The Occupational Attainments Of Deaf Adults? An Examination Of The Initial And Long Term Impact Of College, William Welsh, Susan Foster
Articles
The purpose of this paper was to examine the effect of a college degree on occupational attainments of deaf adults. The paper is related to, and contains certain elements of, several studies already completed by the authors, as well as an examination of data collected by not fully analyzed. Quantitative data are present, including results of survey research and of accessing data banks of the Internal Revenue Service. These data describe the influence of college on labor force status, type of job, and earnings. Qualitative data are also included that pertain to job satisfaction. Results indicate that a college degree …
Electrochemical Sensors. Part I, A Review Of Their Theory, Thomas Gennett, William Purdy
Electrochemical Sensors. Part I, A Review Of Their Theory, Thomas Gennett, William Purdy
Articles
No abstract provided.
Broadcasting Law And Broadcasting Policy In Ireland, Wolgang Truetzschler
Broadcasting Law And Broadcasting Policy In Ireland, Wolgang Truetzschler
Articles
No abstract provided.
The Jobs Forum: Its Eventual Arrival?, Anto Kerins
Does The Camel Have Its Nose In The Tent: Individual Religious Freedom V. Prayer In Public Schools, Elizabeth Brandt
Does The Camel Have Its Nose In The Tent: Individual Religious Freedom V. Prayer In Public Schools, Elizabeth Brandt
Articles
No abstract provided.
Lost On A One-Way Street: The Taxpayer's Ability To Disavow Form, William S. Blatt
Lost On A One-Way Street: The Taxpayer's Ability To Disavow Form, William S. Blatt
Articles
No abstract provided.
Striopachas Na Bhfear I Londain, Máirtín Mac Con Iomaire
Striopachas Na Bhfear I Londain, Máirtín Mac Con Iomaire
Articles
Gearscéal faoi leads Éireanach ag díol a gcorp ar Cricklewood Broadway.