Digital Commons Network^™

A Method Of Non-Data-Aided Carrier Recovery With Modulation Identification, Robert H. Morelos-Zaragoza, Kenta Umebayashi, Ryuji Kohno

Faculty Publications

A non-data aided carrier recovery technique using modulation format identification is proposed. This technique can also be interpreted as a modulation identification method that is robust against static phase and frequency offsets. The performance of the proposed technique is studied and analytical expressions derived for the mean acquisition time to detect lock in the cases of M-PSK, M=2,4,8, and 16-QAM modulation, with respect to frequency offset and signal-to-noise ratio. The results are verified with Monte Carlo simulations. The main advantage of the proposed method lies in its simpler implementation and faster lock detection, when compared to conventional methods.

Impact Of The Texas Leaf-Cutting Ant (Atta Texana (Buckley) (Order Hymenoptera, Family Formicidae) On A Forested Landscape, David Kulhavy, L. A. Smith, W. G. Ross

Faculty Publications

Atta texana (Buckley), the Texas leaf-cutting ant, rapidly expanded in a harvested forested landscape on sandhills characterized by droughty soils, causing mortality of planted loblolly pine (Pinus taeda (L.)). The site, composed primarily of Quartzipsamments soils classified as thermic coated Typic Quartzipsamments in the Tonkawa soil series, accounts for approximately 5,000 ha in Nacogdoches, Rusk, Panola, and San Augustine Counties in eastern Texas, USA (Dolezel 1980). These soils are characterized by low fertility, rapid permeability, and extreme acid reaction. These sandhills are resistant to erosion and are considered important ground water recharge areas. The distribution of A. texana central …

The Measurement Of Inequality, Concentration, And Diversification., Fred Foldvary

Faculty Publications

The Lorenz curve and Gini coefficient are typically used to measure inequality. A different way to measure inequality is introduced here: I = CN, the product of concentration and number of units. The resultant index can be interpreted with reference to an inequality base where one unit owns all and the rest nothing. This inequality index also integrates the measurement of inequality, concentration, and diversification into one system, where diversification is measured as the inverse of concentration. I = CN accommodates various measures of concentration, including the Herfindahl-Hirschman and Tideman-Hall indexes. The Tideman-Hall concentration index also provides indexes of concentration, …

Reorganization Of The Professional Sports Franchise, Ralph C. Anzivino

Faculty Publications

No abstract provided.

Arbitration Of Olympic Eligibility Disputes: Fair Play And The Right To Be Heard, Jay E. Grenig

Faculty Publications

No abstract provided.

The Americans With Disabilities Act And The Aging Athlete After Casey Martin, Alison M. Barnes

Faculty Publications

No abstract provided.

Reflections On The Accident At Miller Park And The Prosecution Of Work-Related Fatalities In Wisconsin, Edward A. Fallone

Faculty Publications

No abstract provided.

Baseball Cards And The Birth Of The Right Of Publicity: The Curious Case Of Haelan Laboratories V. Topps Chewing Gum, J. Gordon Hylton

Faculty Publications

No abstract provided.

Religious Freedom And The Interscholastic Athlete, Scott C. Idleman

Faculty Publications

This article delineates the religious rights of interscholastic athletes under the First Amendment Free Exercise Clause. Part I provides a comprehensive overview of contemporary free exercise doctrine, followed by a brief summary of other laws that may govern religion-related conflicts arising in the context of interscholastic athletics. Part II then surveys the types of controversies that can arise in this context and will examine their resolution in light of the governing laws. Part II also offers guidelines to coaches and administrators for the prevention and resolution of such conflicts, including steps that can be taken to avoid First Amendment violations …

Golf And Torts: An Interesting Twosome, John J. Kircher

Faculty Publications

No abstract provided.

Statewide School Athletic Associations And Constitutional Liability; Brentwood Academy V. Tennessee Secondary School Athletic Association, Alan R. Madry

Faculty Publications

No abstract provided.

Fraser V. Mls, L.L.C.: Is There A Sham Exception To The Copperweld Single Entity Immunity?, Michael P. Waxman

Faculty Publications

No abstract provided.

The Widening Gap Under The Internal Revenue Code: The Need For Renewed Progressivity, Vada Waters Lindsey

Faculty Publications

The United States' progressive tax system has been a part of the income tax structure since the enactment of the historic 1913 income tax act and should continue to be maintained today for several reasons. First, a change in the tax system could have adverse effects on minorities and women. Second, the tax system is based on an ability to pay concept, and it is difficult to devise a system that adheres to that principle yet satisfies revenue demands and other considerations. While there have been significant societal changes since the country adopted the progressive tax structure, these changes do …

Can A Worker's Arbitration Agreement Prevent The Eeoc From Seeking Victim-Specific Relief?, Jay E. Grenig

Faculty Publications

No abstract provided.

Must The Alleged Rico “Person” And The Alleged Rico “Enterprise” Be Distinct Under § 1962(C)?, Jay E. Grenig

Faculty Publications

No abstract provided.

Does The “Income First” Rule In The Wisconsin Spousal Impoverishment Statute Conflict With Federal Law?, Jay E. Grenig

Faculty Publications

No abstract provided.

What Triggers The Statute Of Limitations For Violations Of The Fair Credit Reporting Act?, Ralph C. Anzivino

Faculty Publications

No abstract provided.

Palazzolo, Lucas, And Penn Central: The Need For Pragmatism, Symbolism, And Ad Hoc Balancing, F. Patrick Hubbard

Faculty Publications

The constitutional right to compensation for a governmental taking of property is relatively easy to apply in situations involving a straightforward, physical appropriation of land for a public use like a highway. However, difficulties arise when governmental action consists only of rules that limit an owner's use of land. In most situations, these limits are viewed as burdens an individual is properly subject to as a citizen and land owner. From this perspective, the exercise of the "police power" of the government, which has traditionally been used to prohibit public and private harms, does not usually involve a taking of …

Hair Comparison Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.

Scientific Evidence In Civil And Criminal Cases, Paul C. Giannelli

Faculty Publications

No abstract provided.

Naturalized Epistemology And The Critique Of Evidence Theory, Dale A. Nance

Faculty Publications

In this article I give a mixed review Allen and Leiter’s naturalized epistemology theory of evidence. I applaud their focus on naturalized epistemology, but I question the claims that they argue follow from it. In some ways, my reaction is that they have not gone far enough in pressing its implications, and I attempt to suggest how further progress might be made along this path. On the whole, I conclude that the antipathy toward algrithms expressed by Allen and Leiter is misplaced.

Grave Secrets: Ethical And Legal Analysis Of Postmortem Confidentiality, Jessica Wilen Berg

Faculty Publications

*A young man finds a letter from his recently deceased's mother's therapist and calls the psychologist to get information about whether his mother sought counseling because of difficulties in their relationship. The therapist reassures the son that his mother came for help in dealing with her terminal illness.

*A now-adult child sues her deceased father's physician for failing to warn her that her father's death when she was 10 years old was due to colon cancer, a potentially inheritable disease.

*Following the death of Linda McCartney, a number of newspapers reporters, suspecting physician-assisted suicide, demanded access to her death certificate …

Reinforcing The Myth Of The Crazed Rapist: A Feminist Critique Of Recent Rape Legislation, Christina E. Wells, Erin Elliott

Faculty Publications

Part I of this article reviews these new legislative provisions, discussing their requirements as well as the general impetus behind their enactment. Part II discusses both the history of rape prosecution and feminist efforts in the 1970s and 1980s to eliminate barriers to successful rape prosecutions. This part also elaborates upon the myth of the crazed rapist and its relationship to feminist reform efforts. Part III explains how the current legislation is rooted in and reinforces that myth by encouraging unsupportable distinctions among rape defendants. Finally, Part IV discusses the feminist response to such laws and argues for a more …

State Constitutional Restrictions On Legislative Procedure: Rethinking Analysis Of Original Purpose, Single Subject, And Clear Title Challenges, Martha Dragich

Faculty Publications

Recognizing that state courts are beginning to review procedural challenges more rigorously, this Article attempts to provide guidance for the resolution of such cases. Part I examines the history, purposes, and standards of original purpose, single subject, and clear title restrictions, using Missouri's provisions as examples. Part I also identifies paradigmatic cases of each of the procedural violations with the hope of more sharply differentiating the three claims. Parts II through V present a case study of ten Missouri cases decided since 1994, supplemented with notable cases from other states. Part II begins with a brief description of the Missouri …

Renewable Bar Admission: A Template For Making "Professionalism" Real, Jayne W. Barnard

Faculty Publications

The citizens of this country should expect no less than the highest degree of professionalism when they have entrusted administration of the rule of law-one of the fundamental tenets upon which our society is based-to the legal profession. Re-examination was not originally required of medical specialists, but [the American Board of Medical Specialties] quickly recognized that a lifetime certification, even with required continuing education provided little incentive for doctors to keep up with new medical knowledge and techniques. Similarly, continuing [legal] education requirements alone are not sufficient to assure the integration of new law and procedure into a lawyer's practice. …

Settlements And Waivers Affecting Pension Benefits Under Erisa, Eric D. Chason

Faculty Publications

Waivers affecting pension benefits may be entered into as part of a controversy (for example, a settlement agreement) or in isolation (for example, a disclaimer). Under current law, however, it is unclear how these waivers fit within the protections of ERISA, particularly the antialienation rule. Courts have generally honored settlement agreements so long as they are procedurally fair to participants. However, the antialienation rule looms in the background. The IRS and Treasury, in contrast, have focused on waivers outside the settlement context, prohibiting participants from making them but allowing beneficiaries to do so if the waiver satisfies gift-tax rules for …

Sexual Dimorphism And Body Temperatures Of Sceloporus Siniferus From Guerrero, Mexico, J. A. Lemos-Espinal, Geoffrey R. Smith, R. E. Ballinger

Faculty Publications

No abstract provided.

Colonialism And Landscape In The Americas: Material/Conceptual Transformations And Continuing Consequences, Andrew Sluyter

Faculty Publications

No abstract provided.

Patterns Of Ancestral Human Diversity: An Analysis Of Alu-Insertion And Restriction-Site Polymorphisms, W. S. Watkins, C. E. Ricker, M. J. Bamshad, M. L. Carroll, S. V. Nguyen, M. A. Batzer, H. C. Harpending, A. R. Rogers, L. B. Jorde

Faculty Publications

We have analyzed 35 widely distributed, polymorphic Alu loci in 715 individuals from 31 world populations. The average frequency of Alu insertions (the derived state) is lowest in Africa (.42) but is higher and similar in India (.55), Europe (.56), and Asia (.57). A comparison with 30 restriction-site polymorphisms (RSPs) for which the ancestral state has been determined shows that the frequency of derived RSP alleles is also lower in Africa (.35) than it is in Asia (.45) and in Europe (.46). Neighbor-joining networks based on Alu insertions or RSPs are rooted in Africa and show African populations as separate …

The 2001 Federal Economic Crime Sentencing Reforms: An Analysis And Legislative History, Frank O. Bowman Iii

Faculty Publications

This Article has four parts. First, it describes the general structure of the Federal Sentencing Guidelines and the approach to sentencing economic crimes in effect between 1987 and 2001. Second, it outlines the defects in the former economic crime guidelines that led to the call for reform. Third, it describes the process undertaken by the Sentencing Commission that led to the passage of the 2001 economic crime amendments and, in so doing, provides a roadmap to sources of legislative history. Fourth, it explains and analyzes the new guidelines in light of their legislative history, with primary emphasis on the consolidated …