Digital Commons Network^™

Defensor Fidei: The Travails Of A Post-Realist Formalism, Lyrissa Lidsky

Faculty Publications

This Article probes the philosophical and psychological attractions of formalism and suggests that its promise of stability and order may be essential to the effective functioning of the legal system, even if the promise can never be realized.

Inhibition Of Mixing In Chaotic Quantum Dynamics, B. S. Helmkamp, D. A. Browne

Faculty Publications

We study the quantum chaotic dynamics of an initially well-localized wave packet in a cosine potential perturbed by an external time-dependent force. For our choice of initial condition and with Latin small letter h with stroke small but finite, we find that the wvae packet behaves classically (meaning that the quantum behavior is indistinguishable from that of the analogous classical system) as long as the motion is confined to the interior of the remnant separatrix of the cosine potential. Once the classical motion becomes unbounded, however, we find that quantum interference effects dominate. This interference leads to a long-lived accumulation …

Privacy And Intelligent Transportation Technology, Dorothy J. Glancy

Faculty Publications

No abstract provided.

Regulating The Multi-Media Chimera: Electronic Speech Rights In The United States, Allen S. Hammond Iv

Faculty Publications

No abstract provided.

Tribal Courts: Providers Of Justice And Protectors Of Sovereignty, Frank Pommersheim

Faculty Publications

No abstract provided.

Em Interaction Of Handset Antennas And A Human In Personal Communications, Michael A. Jensen, Yahya Rahmat-Samii

Faculty Publications

In personal communications, the electromagnetic interaction between handset-mounted antennas and the nearby biological tissue is a key consideration. This paper presents a thorough investigation of this antenna-tissue interaction using the finite-difference time-domain (FDTD) electromagnetic simulation approach with detailed models of real-life antennas on a transceiver handset. The monopole, side-mounted planar inverted F, top-mounted bent inverted F, and back-mounted planar inverted F antennas are selected as representative examples of external and internal configurations. Detailed models of the human head and hand are implemented to investigate the effects of the tissue location and physical model on the antenna performance. Experimental results are …

Intensive Voice Treatment In Parkinson Disease: Laryngostroboscopic Findings, Christopher Dromey, Marshall E. Smith, Lorraine Olson Ramig, Kathe S. Perez, Raz Samandari

Faculty Publications

Summary: As part of ongoing research to investigate and document the efficacy of intensive voice therapy to improve functional communication in patients with idiopathic Parkinson disease, 45 patients were enrolled in a controlled, randomized, prospective study. Pre- to posttreatment comparisons are presented here on 22 of those patients who underwent laryngeal imaging examination. Of the 22 patients, 13 patients received intensive therapy aimed at increasing vocal and respiratory effort (VR), whereas nine received intensive therapy aimed at increasing respiratory effort (R) only. All patients had a pretreatment evaluation that included two (but sometimes only one) voice recordings and an otolaryngologic …

Is Its It? Some Conclusions About The Panopticon, George J. Alexander

Faculty Publications

No abstract provided.

Panel Two: Information Policy Making, Allen S. Hammond Iv

Faculty Publications

No abstract provided.

China's Company Law: Practicing Capitalism In A Transnational Economy, Anna M. Han

Faculty Publications

No abstract provided.

Universal Access To Infrastructure And Information, Allen S. Hammond Iv

Faculty Publications

No abstract provided.

Drafting Mediation Privileges: Lessons From The Civil Justice Reform Act, Michael A. Perino

Faculty Publications

Mediation confidentiality provisions or privileges are now prevalent throughout the United States. Forty-one states have enacted some form of mediation privilege. As part of the Administrative Dispute Resolution Act of 1990, Congress enacted legislation to protect confidentiality in mediations involving federal agencies. An additional source for such provisions is the Civil Justice Reform Act of 1990 (CJRA), which required each federal district court to implement a civil justice expense and delay reduction plan (Plan(s)) by the end of 1993. Those Plans seek to implement mechanisms designed to address causes of excessive expense and delay in the federal courts.

A number …

Severability In Statutes And Contracts, Mark L. Movsesian

Faculty Publications

Established doctrine on the severability of unconstitutional statutory provisions has drawn criticism on almost every conceivable basis. Commentators have condemned severability doctrine as too malleable and as too rigid; as encouraging judicial overreaching and as encouraging judicial abdication. They have criticized the doctrine's reliance on legislative intent and its disregard of legislative intent; its excessive attention to political concerns and its inattention to political concerns; its lack of any coherent explanation.

The reasons for this lingering controversy are easy to discern. One is purely pragmatic. "We live in an age of statutes." Legislation provides our primary source of law in …

Art Of Judicial Biography, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Essay: Lawyer Advertising, Professional Ethics, And The Constitution, Jonathan Van Patten

Faculty Publications

No abstract provided.

Frederic Rzewski And Spontaneous Political Music, Christian T. Asplund

Faculty Publications

I am intrigued by Frederic Rzewski's ability, in his pieces from the 1960s and 70s, to model socio-political phenomena and to teach specific lessons about these phenomena on both intuitive and intellectual levels to both performers and listeners. Performers in particular will literally experience these socio-political phenomena in the course of performing these pieces. Rzewski seems to have achieved Brecht's ideal of a gestic music without dryness or lack of credibility.

Seizing Evidence From Suspects For Forensic Analysis, Paul C. Giannelli

Faculty Publications

No abstract provided.

A Theory Of Verbal Completeness, Dale A. Nance

Faculty Publications

In this Article I will endorse the view that the most important modem function of the completeness rule is to trump otherwise applicable exclusionary rules, though not every rule in every instance. I will also offer the general proposition that it should almost always trump one large and important class of exclusionary rules, those based upon the "best evidence" principle, that is, the principle that parties should present to the tribunal the epistemically best evidence available to them on a given litigated issue.

Structural Ambiguities And Written Advertisements: An Inventory Of Tools For More Resourceful Advertisements In English, Dallin D. Oaks

Faculty Publications

Competent writers usually avoid ambiguity, but there are some types of writing tasks such as advertising in which a writer might actually want to create ambiguous wordplays. Among the most interesting of the wordplays are those which involve structural ambiguities. In the natural course of brainstorming, advertisers will occasionally generate structural ambiguities, but a more conscious understanding of the structure of a language could make the generation of such ambiguities easier. The English language contains some characteristics and patterns which contribute significantly toward creating structural ambiguities. And if ad writers know where to focus their attention, structurally ambiguous wordplays can …

The Psychological Relevance Of Phonological Generalizations In Spanish: An Experiment, David Eddington

Faculty Publications

A psycholinguistic experiment aids in determining if the phonological generalizations which appear in the literature on Spanish phonology are psychologically significant for Spanish speakers. The experiment focuses on whether common phonological alternations play a role in native speakers' perceptions of whether two words share a morpheme. The results indicate that they are a significant factor in speakers' perceptions of morphemic relatedness. Therefore, these findings provide some evidence that these phonological generalizations are psychologically valid, and not merely descriptive in nature.

A Parallel-Plate Electrochemical Reactor Model For The Destruction Of Nitrate And Nitrite In Alkaline Waste Solutions, D. H. Coleman, Ralph E. White, D. T. Hobbs

Faculty Publications

A parallel-plate electrochemical reactor model with multiple reactions at both electrodes and anolyte and catholyte recirculation tanks was modeled for the electrochemical destruction of nitrate and nitrite species in an alkaline solution. The model can be used to predict electrochemical reaction current efficiencies and outlet concentrations of species from the reactor, given inlet feed conditions and cell operating conditions. Also, predictions are made for off-gas composition and liquid-phase composition in the recirculation tanks. The results of case studies at different applied potentials are shown here. At lower applied potentials, the model predictions show that the destruction process is more energy …

Converging First Amendment Principles For Converging Communications Media, Thomas G. Krattenmaker, L. A. Powe Jr.

Faculty Publications

No abstract provided.

Contracts, Copyright And Preemption In A Digital World, I. Trotter Hardy

Faculty Publications

No abstract provided.

Presenting, Back From The [Almost] Dead, The Entrapment Defense, Paul Marcus

Faculty Publications

No abstract provided.

Quechua Texts Of Perception, Janis B. Nuckolls

Faculty Publications

Recent work by anthropologists, folklorists, and semioticians has made significant strides in our understanding of the dynamics and poetics of spoken utterances. Such work has been motivated, generally, by the goal of understanding verbal expression in terms of its own unique structures and expressive modalities. The following paper will contribute to this line of inquiry. It offers an analysis of a form of expression, sound symbolism, that is widely used by people whose languages have not been written down. The main advantage of this analysis is that it rescues sound symbolism from the irrational abyss into which it has often …

Self-Regulation In Global Electronic Markets Through Reinvigorated Trade Usages, Raj Bhala

Faculty Publications

In a global electronic market the role of trade usages must be reinvigorated to better suit the needs of market participants. Contrary to the approach to trade usages often adopted by courts and scholars, usages should not be seen as merely a device to interpret disputed terms in a contract. Rather, they should be viewed as a legal foundation for existing and new trade practices and, therefore, as a source of authority for and legal obligation arising from such practices. In sum, they should be regarded as a means by which participants in global eiectronic markets can engage in self-regulation. …

The Countermajoritarian Paradox, Neal Devins

Faculty Publications

No abstract provided.

The 1995 National Asian American Studies Examination In U.S. High Schools, Andrew Chin

Faculty Publications

No abstract provided.

Through The Looking Glass: Can Title Vii Help Women And Minorities To Shatter The Glass Ceiling, Rafael Gely, Ramona L. Paetzold

Faculty Publications

The employment patterns of “nontraditional” workers in the United States show two conflicting characteristics. On the one hand, researchers have observed a continuing increase in the rate of participation of nontraditional workers at multiple levels in the work force. For example, the proportion of women white collar workers increased from twenty-two percent in the late 1960s to forty-six percent in 1992. Similarly, the average job tenure for nontraditional workers has also increased. For example, although males in the thirty-five to forty-four year old age group have experienced a small decline in job tenure, women in the same group have seen …

The Contemporary Confucian-Christian Encounter: Interreligious Or Intrareligious Dialogue, Christian Jochim

Faculty Publications

The discipline of comparative religions has paid little attention to perhaps the most important religious phenomenon of the late twentieth century: interreligious dialogue. Available scholarship on this topic is largely written by and for participants in various dialogues. This scholarship is mainly on the normative issues that concern participants, thus leaving the need for descriptive, analytical scholarship largely unfilled. This essay engages in descriptive analysis of a relatively new twentieth-century dialogue—the Confucian-Christian dialogue—which, nevertheless, has deep historical roots. The essay turns, first, to history, summarizing two different periods of past Confucian-Christian encounter: the period from Matteo Ricci (1552–1610) to the …