Digital Commons Network^™

Errors And Missteps: Key Lessons The Iraqi Special Tribunal Can Learn From The Icty, Ictr, And Scsl, Michael P. Scharf, Ahran Kang

Faculty Publications

In a few months, the trial of Saddam Hussein and other former Iraqi regime leaders will begin before the Iraqi Special Tribunal (IST). The IST is a unique "internationalized-domestic tribunal" whose Statute and Rules of Procedure are modeled upon the UN-created Yugoslavia War Crimes Tribunal (ICTY), Rwanda Genocide Tribunal (ICTR), and the Special Court for Sierra Leone (SCSL), but whose judges are all Iraqis and whose courtroom is in Baghdad. There is much the IST can learn both from the successes and missteps of the ICTY, ICTR, and SCSL; many of the issues that will arise in the trials of …

Comment: The Case For Real Shareholder Democracy, George W. Dent

Faculty Publications

Comment on presentations at The Georege A. Leet Business Law Symposium: Corporate Governance: Directors v. Shapreholders, Cleveland, Ohio, 2005.

Looking Ahead To The 2005-06 Term (2005), Jonathan H. Adler

Faculty Publications

This essay surveys the upcoming 2005-06 term of the Supreme Court, a term that may be as notable for what it says about the future direction of the Supreme Court as it is for specific decisions in any particular cases. This does not mean the term lacks important cases. To the contrary, this coming year the Court will consider the constitutionality of the Solomon Amendment, address the application of the Religious Freedom Restoration Act to religious use of drugs, and determine whether the federal government can effectively preempt Oregon's decision to legalize doctor-assisted suicide. It will revisit contemporary federalism and …

Prometheus Radio Project V. Fcc: The Persistence Of Scarcity, Aaron K. Perzanowski

Faculty Publications

Part I traces the history of broadcast regulation, emphasizing the development of the scarcity doctrine and the subsequent deregulatory trend. Part II examines the FCC's 2003 rule changes and the Third Circuit's analysis of those modifications in Prometheus Radio Project v. FCC. Part III analyzes the assumptions underlying the FCC's proffered explanation for its rule changes, ultimately concluding that they lack justification, and offers suggestions for responsible ownership deregulation. Part IV calls on Congress to reassert itself as the final arbiter of media policy.

Race, Trust, Altruism, And Reciprocity, George W. Dent

Faculty Publications

Trust, altruism and reciprocity are attracting growing attention from scholars. Interest began with psychological experiments showing that people often are altruistic, trust others, and reciprocate the benevolence of others far more than economic models of "rational" human selfishness predict. These findings inspired social scientists to discover what factors promote or hinder cooperation. Legal scholars have employed this learning to determine how the law does or could facilitate or discourage cooperation in many contexts, including business transactions and the workplace. The influence of race on cooperation has been studied in specific areas, but so far no one has considered how the …

Putting Religious Symbolism In Context: A Linguistic Critique Of The Endorsement Test, B. Jessie Hill

Faculty Publications

The Supreme Court's jurisprudence concerning public displays of religious symbols is notoriously unpredictable. In this Article, Professor Hill argues that the instability and apparent incoherence of the Supreme Court's religious symbolism jurisprudence is due to certain difficulties inherent in discerning the "meaning" or "message" of a religious display. In particular, she attributes the unpredictability of the jurisprudence to the fact that the meaning of the display is dependent on the "context," which is itself an unmanageable and unformalizable concept. This Article, which draws on insights from literary and linguistic theory, breaks with previous commentators' claims that the difficulties with the …

An Alternative Paradigm For Valuing Breach Of Registration Rights And Loss Of Liquidity, Royce De R. Barondes

Faculty Publications

This Article looks to another paradigm to motivate an answer--the exotic financial instruments created on Wall Street. Over the last few decades, a market has developed in assorted sophisticated financial instruments created by unbundling and repackaging various components of traditional securities. Financial engineering, for example, allows the creation of “synthetics.” One court has described “synthetic” securities as follows: “A synthetic transaction is typically a contractual agreement between two counterparties, usually an investor and a bank, that seeks to economically replicate the ownership and physical trading of shares and options.” This Article similarly formulates synthetic rights that, when coupled with the …

Structural Models For World Mission In The Twenty-First Century : An Adventist Perspective, Gorden R. Doss

Faculty Publications

No abstract provided.

Ecclesiology In Seventh-Day Adventist Theological Research, 1995-2004: A Brief Introduction And Bibliographical Guide, Gerald Klingbeil

Faculty Publications

No abstract provided.

Marriage In The Ten Commandments, Trevor O'Reggio

Faculty Publications

No abstract provided.

Incorporating The Impact Of Engineering Solutions On Society Into Technical Engineering Courses, Nicole Dejong-Okamoto, Jinny Rhee, Nikos J. Mourtos

Faculty Publications

In the era of market and workforce globalisation, engineers need a solid understanding of the impact that their products have locally, as well as globally. This is why the US Accreditation Board for Engineering and Technology (ABET) recently put a new spin on this requirement in engineering education. Specifically, outcome 3h of Engineering Criteria 2000 states that engineering graduates must have the broad education to understand the impact of engineering solutions in a global/ societal context. This outcome may be one of the most difficult to achieve, since it requires not only a strong technical understanding, but also an informed …

Evaluating Bundled Discounts, Thom Lambert

Faculty Publications

This article identifies and critiques five attempts courts and commentators have made at articulating such an evaluative approach and, finding each approach lacking, proposes an alternative evaluative approach. The proposed approach would presume the legality of above-cost bundled discounts but would permit that presumption to be rebutted by a plaintiff that proved certain facts demonstrating that it had fully exhausted its competitive options and was, or was likely to become, as efficient as the discounter. The recommended approach would be easily administrable and would include clear safe harbors to ensure that procompetitive bundled discounting is not discouraged.

Spatial Resolution And Processing Tradeoffs For Hydros: Application Of Reconstruction And Resolution Enhancement Techniques, David G. Long, Michael W. Spencer, Eni G. Njoku

Faculty Publications

Recent developments in reconstruction and resolution enhancement for microwave instruments suggest a possible tradeoff between computation, resolution, and downlink data rate based on postcollection reconstruction/resolution enhancement processing. The Hydrospheric State (HYDROS) mission is designed to measure global soil moisture and freeze/thaw state in support of weather and climate prediction, water, energy, and carbon cycle studies, and natural hazards monitoring. It will use an active and passive L-band microwave system that optimizes measurement accuracy, spatial resolution, and coverage. The active channels use synthetic aperture radar-type processing to achieve fine spatial resolution, requiring a relatively high downlink data rate and ground processor …

Historical Quirks, Political Opportunism, And The Anti-Loan Provision Of The Sarbanes-Oxley Act, Jayne W. Barnard

Faculty Publications

No abstract provided.

Understanding Camden: The Revolutionary War Battle Of Camden As Revealed Through Historical, Archaeological, And Private Collections Analysis, James B. Legg, Steven D. Smith, Tamara S. Wilson

Faculty Publications

No abstract provided.

Ernst Mayr And The Complexity Of Life, Dominique G. Homberger

Faculty Publications

No abstract provided.

Blaut's Early Natural/Social Theorization, Cultural Ecology, And Political Ecology, Andrew Sluyter

Faculty Publications

No abstract provided.

Future Of Avian Genetic Resources Collections: Archives Of Evolutionary And Environmental History, Scott V. Edwards, Sharon Birks, Robb T. Brumfield, Robert Hanner

Faculty Publications

No abstract provided.

Fear And Loathing In Constitutional Decision-Making, Christina E. Wells

Faculty Publications

National security crises are particularly difficult on the judiciary. Faced with a threat to the country's integrity, such cases require judges rationally and fairly to weigh this hefty interest against the rights of persons suspected of posing that very threat. Not surprisingly, judges have rarely lived up to this task as many have fallen sway to the same fear and prejudice that gripped the county during these times. Scholars have written extensively about judicial capitulation to fear and prejudice in such well-known cases as Schenck v. United States, Korematsu v. United States, and Dennis v. United States, with some lamenting …

A New Circularly Polarized Rectenna For Wireless Power Transmission And Data Communication, Mohammod Ali, G. Yang, Roger A. Dougal

Faculty Publications

Small distributed wireless sensors are becoming very important in many aspects of our lives. While low data rate passive sensors operate with little energy there is a need for moderate to high data rate distributed sensors for infrastructure monitoring and other applications. Such sensors will require their batteries or onboard capacitors to be charged when depleted for proper operation. In this letter, we propose a circularly polarized (CP) microstrip patch antenna that can function as a WLAN antenna in the 5.15-5.35 GHz and as a rectenna at 5.5 GHz.

Speech Showdowns At The Virtual Corral, Eric Goldman

Faculty Publications

INTRODUCTION

This article considers the tension between free speech rights and private property/contract rights. Neither free speech rights nor private property and contract rights are absolute. Where they intersect in the physical world, confusing legal doctrines usually emerge, such as the U.S. Supreme Court cases addressing private speech at privately owned company towns and shopping centers. Though a bright-line rule has emerged-the First Amendment pertains only to stateactors-the rule provides little prospective guidance because private actors can be characterized as state actors in some circumstances.

In the online world, the speech/rights dichotomy also raises complex issues. Online private actors routinely …

The Challenges Of Regulating Warez Trading, Eric Goldman

Faculty Publications

This short essay analyzes the policy challenges of legally conforming the behavior of warez traders. The essay discusses the motivations for warez trading, how criminalizing the behavior may counterproductively encourage it, and why legislators and prosecutors continue to target warez trading despite the counterproductive effects.

Professional Responsibility Redesigned: Sparking A Dialogue Between Students And The Bar, Lois R. Lupica

Faculty Publications

In recent years, there have been many public and private, formal and informal complaints about the behavior of lawyers. Moreover, lawyers' tenuous reputation for honesty and integrity has been tarnished by recent, well-publicized scandals. The public, as well as members of the bench and bar, have further decried a decline in attorney professionalism. More than once, it has been suggested that in some way, failings of law schools are to blame. In response to these observations about the professional behavior of lawyers and as a result of the author's experiences of teaching a traditional, Socratic-method Professional Responsibility class for many …

Formosan Subterranean Termite (Isoptera: Rhinotermitidae) Soldiers Regulate Juvenile Hormone Levels And Caste Differentiation In Workers, Lixin Mao, Gregg Henderson, Yuxiu Liu, Roger A. Laine

Faculty Publications

A caste structure is maintained in termite societies and juvenile hormone (JH) is generally regarded as the most important regulator in these termite colonies. Here, we demonstrate that the soldier caste regulates JH in workers of Coptotermes formosanus Shiraki. Worker termites (80-100 individuals) were placed in petri dishes with 0, 5, 10, or 20% soldiers. JH III titers of groups of these workers were monitored at 14, 28, 42, and 56 d. Any changes in soldier caste proportions also were noted at each sample date. On the first sample date, the JH levels in workers were similar among treatments with …

Reduced Susceptibility To Tebufenozide In Populations Of The Sugarcane Borer (Lepidoptera: Crambidae) In Louisiana, F. P.F. Reay-Jones, W. Akbar, C. D. Mcallister, T. E. Reagan, J. A. Ottea

Faculty Publications

Susceptibility of the sugarcane borer, Diatraea saccharalis (F.), to tebufenozide was measured using a feeding bioassay, and values obtained were compared with baselines generated before the use of this insecticide in Louisiana sugarcane, Saccharum spp. Results from our study suggest that susceptibility to tebufenozide is decreasing in field-collected sugarcane borers. Inflections in the log dosage-probit lines were detected for many of the field collections, indicating increased heterogeneity within these populations in response to tebufenozide. Where appropriate, probit transformation was used to estimate susceptibility, and significant differences (1.6-2.7-fold) were measured in LC50 values between some field-collected cohorts and the previously measured …

Human Resource Management In Today's Academic Library: Meeting Challenges And Creating Opportunities., Kelly D. Blessinger

Faculty Publications

This book is highly recommended for those with an interest in human resource management in libraries. Although the book focuses on academic libraries, the insights provided could be useful to all types of libraries. The varying nature of the chapters in this book would be beneficial for those in administrative and human resource positions, for students learning about the profession, and for those working within the profession. A quote by Sheila Creth in chapter 10 provides the best summary of this book: “The greatest opportunity for success in any academic library lies with the staff. As one colleague observed, our …

New Constraints On The18F(P,Α)15O Rate In Novae From The (D, P) Reaction, R. L. Kozub, D. W. Bardayan, J. C. Batchelder, J. C. Blackmon, C. R. Brune, A. E. Champagne, J. A. Cizewski, T. Davinson, U. Greife, C. J. Gross, C. C. Jewett, R. J. Livesay, Z. Ma, B. H. Moazen, C. D. Nesaraja, L. Sahin, J. P. Scott, D. Shapira, M. S. Smith, J. S. Thomas, P. J. Woods

Faculty Publications

The degree to which the (p,γ) and (p,α) reactions destroy 18F at temperatures (1-4) × 108 K is important for understanding the synthesis of nuclei in nova explosions and for using the long-lived radionuclide 18F, a target of γ-ray astronomy, as a diagnostic of nova mechanisms. The reactions are dominated by low-lying proton resonances near the I8F+p threshold (Ex = 6.411 MeV in 19Ne). To gain further information about these resonances, we used a radioactive 18F beam from the Holifield Radioactive Ion Beam Facility to selectively populate corresponding mirror states in 19F via the inverse 2H(18F,p)19F neutron transfer reaction. Neutron …

Social Engineering Of The Internet In Developing Areas, Wesley Shrum

Faculty Publications

Communication among researchers is fundamental to the development of knowledge in both developed and developing areas. Internet connectivity is now a precondition for participation in research communication. Establishing reliable and efficient connectivity at reasonable bandwidth is a task that is assumed to be relatively easy and straightforward in developed countries, but is surprisingly difficult in developing areas. Our project has sought to establish connectivity for university departments and government research institutes in India, Ghana, and Kenya but has yet to experience an unqualified 'success' for a variety of institutional and relational reasons. The concept of 'reagency' is used in preference …

Institutional Access, Residential Segregation, And Urban Black Homicide, Matthew R. Lee, Graham C. Ousey

Faculty Publications

Sociologists have frequently cited the importance of the local institutional base for bolstering social organization and control, and ultimately reducing crime rates. Local noneconomic institutions may be particularly relevant to controlling urban Black crime rates, because in the face of limited access to the legitimate labor force, access to institutions such as churches and civic organizations helps to extend social networks, increase civic engagement, transmit mainstream norms, and provide a forum from which to address community problems. This analysis examines the links between measures of access to such noneconomic institutions and Black homicide rates for a sample of large urban …

Storage Stability Of Lutein During Ripening Of Cheddar Cheese, S. T. Jones, K. J. Aryana, J. N. Losso

Faculty Publications

Lutein (3,3′-dihydroxy-α-carotene) has been identified as a dietary factor that can delay the onset of age-related macular degeneration (AMD). However, available food sources of lutein contain only modest amounts of the carotenoid. Food fortification with lutein extract has been identified as a low-budget approach to prevent the onset or progression of AMD. The objectives of this study were to 1) incorporate various amounts of lutein into Cheddar cheese; 2) examine the color, pH, microbiological, and sensory characteristics of the Cheddar cheese during storage; and 3) analyze the stability of lutein during the cheese maturation process. Lutein extracted from corn was …