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The Insurer's Right To Reimbursement Of Defense Costs, Robert H. Jerry Ii Jan 2000

The Insurer's Right To Reimbursement Of Defense Costs, Robert H. Jerry Ii

Faculty Publications

This Article examines the theoretical justification for the insurer's asserted right to reimbursement of defense costs incurred in defending noncovered claims. Part I sketches some details about the duty to defend which are necessary prerequisites to exploring any claim to a right of reimbursement. Part II discusses the rationale offered by most courts and commentators for recognizing the right to reimbursement: under the law of restitution, the insurer who defends a noncovered claim bestows a benefit on the policyholder which, in justice, ought to be returned. This Part concludes that a reasoned argument can be made in support of the …

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Circumvention Of The Bankruptcy Process: The Statutory Institutionalization Of Securitization, Lois R. Lupica Jan 2000

Circumvention Of The Bankruptcy Process: The Statutory Institutionalization Of Securitization, Lois R. Lupica

Faculty Publications

The Article 9 changes address two fundamental issues relevant to securitization transaction participants: (i) the characterization of the asset transfer, and (ii) the clarity and certainty of the process taken to perfect the transferee's interest in the assets. These changes will eliminate some of the uncertainty that asset-backed security investors and securitization originators face. What the Article 9 changes will also do, however, when read in conjunction with the amendments to the Bankruptcy Code, will be to allow certain financial market participants to avoid participation in the bankruptcy process, notwithstanding their provision of financing to a debtor in bankruptcy. A …

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Parental Rights Termination Jurisprudence: Questioning The Framework, Jennifer Wriggins Jan 2000

Parental Rights Termination Jurisprudence: Questioning The Framework, Jennifer Wriggins

Faculty Publications

The article analyzes the Supreme Court’s decision in M.L.B. v. S.L.J., 519 U.S. 102 (1996), which held that where a state provides an appeal from a judgment terminating parental rights, it must, under the due process and equal protection clauses provide indigent appellants with a transcript if a transcript is necessary to review the decision. In doing so, it questions the framework used to analyze parental rights termination decisions. Specifically, it questions the sharp line drawn between cases concerning termination of parental rights (in which parents have certain constitutional protections) and cases concerning child custody (in which parents lack those …

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Interlayer Quasiparticle Transport In The Vortex State Of Josephson Coupled Superconductors, I. Vekhter, L. N. Bulaevskii, A. E. Koshelev, M. P. Maley Jan 2000

Interlayer Quasiparticle Transport In The Vortex State Of Josephson Coupled Superconductors, I. Vekhter, L. N. Bulaevskii, A. E. Koshelev, M. P. Maley

Faculty Publications

We calculate the dependence of the interlayer quasiparticle conductivity, σq, in a Josephson coupled d-wave superconductor on the magnetic field B∥c and the temperature T. We consider a clean superconductor with resonant impurity scattering and a dominant coherent interlayer tunneling. When pancake vortices in adjacent layers are weakly correlated, at low T the conductivity increases sharply with B over a field scale determined by the impurity scattering, before reaching an extended region of slow linear growth. At high T the conductivity initially decreases and then reaches the same linear regime. For correlated pancakes, σq increases much more strongly with the …

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Angle-Dependent Magnetothermal Conductivity In D-Wave Superconductors, I. Vekhter, P. J. Hirschfeld Jan 2000

Angle-Dependent Magnetothermal Conductivity In D-Wave Superconductors, I. Vekhter, P. J. Hirschfeld

Faculty Publications

We analyse the behavior of the thermal conductivity, κ(H), in the vortex state of a quasi-two-dimensional d-wave superconductor when both the heat current and the applied magnetic field are in the basal plane. At low temperature the effect of the field is accounted for in a semiclassical approximation, via a Doppler shift in the spectrum of the nodal quasiparticles. In that regime κ(H) exhibits twofold oscillations as a function of the angle between the direction of the field in the plane and the direction of the heat current, in agreement with experiment. © 2000 Elsevier Science B.V. All rights reserved.

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Charged Particle Production In The Pb+Pb System At 158 [Formula Presented] Per Nucleon, P. Deines-Jones, M. L. Cherry, A. Dabrowska, R. Holynski, D. Kudzia, B. S. Nilsen, A. Olszewski, M. Szarska, A. Trzupek, C. J. Waddington, J. P. Wefel, B. Wilczynska, H. Wilczynski, W. Wolter, B. Wosiek, K. Wozniak Jan 2000

Charged Particle Production In The Pb+Pb System At 158 [Formula Presented] Per Nucleon, P. Deines-Jones, M. L. Cherry, A. Dabrowska, R. Holynski, D. Kudzia, B. S. Nilsen, A. Olszewski, M. Szarska, A. Trzupek, C. J. Waddington, J. P. Wefel, B. Wilczynska, H. Wilczynski, W. Wolter, B. Wosiek, K. Wozniak

Faculty Publications

Charged particle multiplicities from high-multiplicity interactions of 158 GeV/nucleon Pb ions with Pb target nuclei have been measured using high-resolution nuclear emulsion chambers with sensitivity from the peak of the pseudorapidity distribution forward to [Formula Presented] The characteristics of these interactions have been compared to those of central interactions of 200 GeV/nucleon proton, O, and S beams on silver or bromine targets and to results from simulations using the FRITIOF 7.02 and VENUS 4.12 Monte Carlo event generators. Multiplicities scale with the number of wounded nucleons, although the multiplicities for Pb+Pb interactions in the central region are significantly lower than …

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Evidence For Changing Of Cosmic Ray Composition Between 1017 And 1018 Ev From Multicomponent Measurements, T. Abu-Zayyad, K. Belov, D. J. Bird, J. Boyer, Z. Cao, M. Catanese, G. F. Chen, R. W. Clay, C. E. Covault, J. W. Cronin, H. Y. Dai, B. R. Dawson, J. W. Elbert, B. E. Fick, L. F. Fortson, J. W. Fowler, K. G. Gibbs, M. A.K. Glasmacher, K. D. Green, Y. Ho, A. Haung, C. C. Jui, M. J. Kidd, D. B. Kieda, B. C. Knapp, S. Ko, C. G. Larsen, W. Lee, E. C. Loh, E. J. Mannel, J. Matthews, J. N. Matthews, B. J. Newport Jan 2000

Evidence For Changing Of Cosmic Ray Composition Between 1017 And 1018 Ev From Multicomponent Measurements, T. Abu-Zayyad, K. Belov, D. J. Bird, J. Boyer, Z. Cao, M. Catanese, G. F. Chen, R. W. Clay, C. E. Covault, J. W. Cronin, H. Y. Dai, B. R. Dawson, J. W. Elbert, B. E. Fick, L. F. Fortson, J. W. Fowler, K. G. Gibbs, M. A.K. Glasmacher, K. D. Green, Y. Ho, A. Haung, C. C. Jui, M. J. Kidd, D. B. Kieda, B. C. Knapp, S. Ko, C. G. Larsen, W. Lee, E. C. Loh, E. J. Mannel, J. Matthews, J. N. Matthews, B. J. Newport

Faculty Publications

The average mass composition of cosmic rays with primary energies between 1017 and 1018eV has been studied using a hybrid detector consisting of the High Resolution Fly's Eye (HiRes) prototype and the MIA muon array. Measurements have been made of the change in the depth of shower maximum and the muon density as a function of energy. The results show that the composition is changing from a heavy to lighter mix as the energy increases. © 2000 The American Physical Society.

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Correlates Of Blood Pressure In An Urban Zimbabwean Population And Comparison To Other Populations Of African Origin, Jacob Mufunda, L. J. Scott, J. Chifamba, J. Matenga, B. Sparks, R. Cooper, H. Sparks Jan 2000

Correlates Of Blood Pressure In An Urban Zimbabwean Population And Comparison To Other Populations Of African Origin, Jacob Mufunda, L. J. Scott, J. Chifamba, J. Matenga, B. Sparks, R. Cooper, H. Sparks

Faculty Publications

We have evaluated the relationship between systolic blood pressure (SBP) and age, body mass index (BMI), waist circumference, sodium to potassium ratio (Na/K), and tobacco use in an urban African population. We conducted a random, population-based, cross-sectional survey of people 25 years and older in Marondera, Zimbabwe, with over-sampling in older age groups (n = 775), using a method comparable to that used in International Collaborative Study on Hypertension in Blacks (ICSHIB). The age-adjusted prevalences of hypertension in Marondera (SBP ≥140/DBP ≥90/antihypertensive medication) were 30% for women and 21% for men. The average BMI was 26.3 kg/m2 for women and …

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Bill Clinton's Operational Code: Assessing Source Material Bias, Mark Schafer, Scott Crichlow Jan 2000

Bill Clinton's Operational Code: Assessing Source Material Bias, Mark Schafer, Scott Crichlow

Faculty Publications

This paper considers Bill Clinton's operational code as reflected in prepared speeches and spontaneous remarks. Differences between the two types of verbal material, their respective differences over time, and their respective variation after key intervening political events were subjected to analysis of variance as well as descriptive analyses. The results suggest that measurements based on spontaneous comments are preferable, particularly in providing sensitive measures of personal predispositions.

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On The Structure Of 3-Connected Matroids And Graphs, James Oxley, Haidong Wu Jan 2000

On The Structure Of 3-Connected Matroids And Graphs, James Oxley, Haidong Wu

Faculty Publications

An element e of a 3-connected matroid M is essential if neither the deletion M\e nor the contraction M/e is 3-connected. Tutte's Wheels and Whirls Theorem proves that the only 3-connected matroids in which every element is essential are the wheels and whirls. In this paper, we consider those 3-connected matroids that have some non-essential elements, showing that every such matroid M must have at least two such elements. We prove that the essential elements of M can be partitioned into classes where two elements are in the same class if M has a fan, a maximal partial wheel, containing …

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Coulomb Gap: How A Metal Film Becomes An Insulator, V. Y.U. Butko, J. F. Ditusa, P. W. Adams Jan 2000

Coulomb Gap: How A Metal Film Becomes An Insulator, V. Y.U. Butko, J. F. Ditusa, P. W. Adams

Faculty Publications

Electron tunneling measurements of the density of states (DOS) in ultrathin Be films reveal that a correlation gap mediates their insulating behavior. In films with sheet resistance Rln(V) Efros-Shklovskii Coulomb gap spectrum finally emerges in the highest R films. Transport measurements of films which display this gap are well described by a universal variable range hopping law R(T) = (h/2e2)exp(T0/T)1/2. © 2000 The American Physical Society.

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Gravitational Radiation From Schwarzschild Black Holes: The Second-Order Perturbation Formalism, Reinaldo J. Gleiser, Carlos O. Nicasio, Richard H. Price, Jorge Pullin Jan 2000

Gravitational Radiation From Schwarzschild Black Holes: The Second-Order Perturbation Formalism, Reinaldo J. Gleiser, Carlos O. Nicasio, Richard H. Price, Jorge Pullin

Faculty Publications

The perturbation theory of black holes has been useful recently for providing estimates of gravitational radiation from the black-hole collisions. Second-order perturbation theory, relatively undeveloped until recently, has proved to be important both for providing refined estimates and for indicating the range of validity of perturbation theory. Here we review the second-order formalism for perturbations of Schwarzschild spacetimes. The emphasis is on practical methods for carrying out the second-order computations of the outgoing radiation. General issues are illustrated throughout with examples from "close-limit" results, perturbation calculations in which black holes start from the small separation. © 2000 Elsevier Science B.V.

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Grazing Collisions Of Black Holes Via The Excision Of Singularities, Steve Brandt, Randall Correll, Roberto Gómez, Mijan Huq, Pablo Laguna, Luis Lehner, Pedro Marronetti, Richard A. Matzner, David Pullin, Jorge Pullin, Erik Schnetter, Deirdre Shoemaker, Jeffrey Winicour Jan 2000

Grazing Collisions Of Black Holes Via The Excision Of Singularities, Steve Brandt, Randall Correll, Roberto Gómez, Mijan Huq, Pablo Laguna, Luis Lehner, Pedro Marronetti, Richard A. Matzner, David Pullin, Jorge Pullin, Erik Schnetter, Deirdre Shoemaker, Jeffrey Winicour

Faculty Publications

We present the first simulations of non-headon (grazing) collisions of binary black holes in which the black hole singularities have been excised from the computational domain. Initially two equal mass black holes m are separated a distance ≈10m and with impact parameter ≈2m. Initial data are based on superposed, boosted (velocity ≈0.5c) solutions of single black holes in Kerr-Schild coordinates. Both rotating and non-rotating black holes are considered. The excised regions containing the singularities are specified by following the dynamics of apparent horizons. Evolutions of up to t≈35m are obtained in which two initially separate apparent horizons are present for …

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Consistent Canonical Quantization Of General Relativity In The Space Of Vassiliev Invariants, Cayetano Di Bartolo, Rodolfo Gambini, Jorge Griego, Jorge Pullin Jan 2000

Consistent Canonical Quantization Of General Relativity In The Space Of Vassiliev Invariants, Cayetano Di Bartolo, Rodolfo Gambini, Jorge Griego, Jorge Pullin

Faculty Publications

We present a quantization of the Hamiltonian and diffeomorphism constraint of canonical quantum gravity in the spin network representation. The novelty consists in considering a space of wavefunctions based on the Vassiliev knot invariants. The constraints are finite, well defined, and reproduce at the level of quantum commutators the Poisson algebra of constraints of the classical theory. A similar construction can be carried out in 2+1 dimensions leading to the correct quantum theory. © 2000 The American Physical Society.

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Second Order Perturbations Of A Schwarzschild Black Hole: Inclusion Of Odd Parity Perturbations, Carlos O. Nicasio, Reinaldo Gleiser, Jorge Pullin Jan 2000

Second Order Perturbations Of A Schwarzschild Black Hole: Inclusion Of Odd Parity Perturbations, Carlos O. Nicasio, Reinaldo Gleiser, Jorge Pullin

Faculty Publications

We consider perturbations of a Schwarzschild black hole that can be of both even and odd parity, keeping terms up to second order in perturbation theory, for the 1 = 2 axisymmetric case. We develop explicit formulae for the evolution equations and radiated energies and waveforms using the Regge-Wheeler-Zerilli approach. This formulation is useful, for instance, for the treatment in the "close limit approximation" of the collision of counterrotating black holes. © 2000 Plenum Publishing Corporation.

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Similarity Analysis Of Nonlinear Equations And Bases Of Finite Wavelength Solitons, A. Ludu, G. Stoitcheva, J. P. Draayer Jan 2000

Similarity Analysis Of Nonlinear Equations And Bases Of Finite Wavelength Solitons, A. Ludu, G. Stoitcheva, J. P. Draayer

Faculty Publications

We introduce a generalized similarity analysis which grants a qualitative description of the localised solutions of any nonlinear differential equation. This procedure provides relations between amplitude, width, and velocity of the solutions, and it is shown to be useful in analysing nonlinear structures like solitons, dublets, triplets, compact supported solitons and other patterns. We also introduce kink-antikink compact solutions for a nonlinear-nonlinear dispersion equation, and we construct a basis of finite wavelength functions having self-similar properties.

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Shell Model Description Of Normal Parity Bands In Odd-Mass Heavy Deformed Nuclei, C. Vargas, J. G. Hirsch, T. Beuschel, J. P. Draayer Jan 2000

Shell Model Description Of Normal Parity Bands In Odd-Mass Heavy Deformed Nuclei, C. Vargas, J. G. Hirsch, T. Beuschel, J. P. Draayer

Faculty Publications

The low-energy spectra and [Formula Presented] electromagnetic transition strengths of [Formula Presented] and [Formula Presented] are described using the pseudo SU(3) model. Normal parity bands are built as linear combinations of SU(3) states, which are the direct product of SU(3) proton and neutron states with pseudospin zero (for even number of nucleons) and pseudospin 1/2 (for odd number of nucleons). Each of the many-particle states has a well-defined particle number and total angular momentum. The Hamiltonian includes spherical Nilsson single-particle energies, the quadrupole-quadrupole and pairing interactions, as well as three rotor terms which are diagonal in the SU(3) basis. The …

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Are Scientists In Developing Countries Isolated?, W. Shrum, P. Campion Jan 2000

Are Scientists In Developing Countries Isolated?, W. Shrum, P. Campion

Faculty Publications

Most scholars and development experts assume that scientists in developing countries are isolated, although some posit that they are part of a global scientific community. This paper seeks to determine the size of professional networks for scientists in less developed countries (LDC) as well as the distribution of their ties across organisational contexts and locations. Professional contact networks of scientists in Africa and Asia were determined in personal interviews with 293 researchers in universities, government laboratories and non-governmental organisations. Contrary to expectations, researchers in the least developed countries do not have the smallest networks. Results indicate that: (a) international and …

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Acifluorfen Sorption, Degradation, And Mobility In A Mississippi Delta Soil, L. A. Gaston, M. A. Locke Jan 2000

Acifluorfen Sorption, Degradation, And Mobility In A Mississippi Delta Soil, L. A. Gaston, M. A. Locke

Faculty Publications

Potential surface water and groundwater contaminants include herbicides that are applied postemergence. Although applied to the plant canopy, a portion of any application reaches the soil either directly or via subsequent foliar washoff. This study examined sorption, degradation, and mobility of the postemergence herbicide acifluorfen (5-[2-chloro-4-(trifluoromethyl)phenoxy]-2-nitrobenzoic acid) in Dundee silty clay loam (fine-silty, mixed, thermic, Aeric Ochraqualf) taken from conventional till (CT) and no-till (NT) field plots. Homogeneous surface and subsurface samples were used in the sorption and degradation studies; intact soil columns (30 cm long and 10 cm diam.) were used in the mobility study. Batch sorption isotherms were …

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"A Man In A Painted Garment:" The Social Functions Of Jesting In Elizabethan Rhetoric And Courtesy Manuals, Christopher Holcomb Jan 2000

"A Man In A Painted Garment:" The Social Functions Of Jesting In Elizabethan Rhetoric And Courtesy Manuals, Christopher Holcomb

Faculty Publications

Many Elizabethan rhetoric and courtesy manuals offer jesting as a powerful rhetorical strategy for managing specific situations. Although highly pragmatic, the manuals' treatments of the subject imply a sociology of humor that classifies jests according to the broader social functions they serve: jests which preserve existing social relations and jests which disrupt, or even challenge, them. What eludes this classificatory scheme, however, are the properties of jesting itself. Jesting is always a flirtation with disorder and often serves conservative and disruptive functions simultaneously. If this is so, then the manuals' discussions of jesting replay (and magnify) ambiguities and anxieties characteristic …

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Public Opinion About Punishment And Corrections, Francis T. Cullen, Bonnie S. Fisher, Brandon K. Applegate Jan 2000

Public Opinion About Punishment And Corrections, Francis T. Cullen, Bonnie S. Fisher, Brandon K. Applegate

Faculty Publications

"Get tough" control policies in the United States are often portrayed as the reflection of the public's will: Americans are punitive and want offenders locked up. Research from the past decade both reinforces and challenges this assessment. The public clearly accepts, if not prefers, a range of punitive policies (e.g., capital punishment, three-strikes-and-you're-out laws, imprisonment). But support for get-tough policies is "mushy." Thus citizens may be willing to substitute a sentence of life imprisonment without parole for the death penalty. Especially when nonviolent offenders are involved, there is substantial support for intermediate sanctions and for restorative justice. Despite three decades …

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The Special Constitutional Structure Of The Federal Impeachment Process, Michael J. Gerhardt Jan 2000

The Special Constitutional Structure Of The Federal Impeachment Process, Michael J. Gerhardt

Faculty Publications

No abstract provided.

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Asking The Right Questions: How The Courts Honored The Separation Of Powers By Reconsidering Miranda, Neal Devins Jan 2000

Asking The Right Questions: How The Courts Honored The Separation Of Powers By Reconsidering Miranda, Neal Devins

Faculty Publications

No abstract provided.

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Regret And Contract "Science", Peter A. Alces Jan 2000

Regret And Contract "Science", Peter A. Alces

Faculty Publications

No abstract provided.

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How Constitutional Law Casebooks Perpetuate The Myth Of Judicial Supremacy, Neal Devins Jan 2000

How Constitutional Law Casebooks Perpetuate The Myth Of Judicial Supremacy, Neal Devins

Faculty Publications

No abstract provided.

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Understanding Internet Co-Branding Deals, Eric Goldman, Candice Lee Jan 2000

Understanding Internet Co-Branding Deals, Eric Goldman, Candice Lee

Faculty Publications

The Internet has spawned new business practices regarding the ways users access and obtain information and services. Because linking can create a network of web pages that appear integrated and seamless to users, many Internet companies enter what are known as co-branding relationships. This article addresses a common type of co-branding relationship in which a "provider" maintains a set of pages ("the co-branded site") that looks and feels like the "brander's" web site. The co-branded site is promoted on the brander's web site through linking.

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Foundations Of World Order: The Legalist Approach To International Relations, 1898-1922, Pratheepan Gulasekaram Jan 2000

Foundations Of World Order: The Legalist Approach To International Relations, 1898-1922, Pratheepan Gulasekaram

Faculty Publications

No abstract provided.

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Death Taxes: A Critique From The Margin, Patricia A. Cain Jan 2000

Death Taxes: A Critique From The Margin, Patricia A. Cain

Faculty Publications

No abstract provided.

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Ex Parte Young And Federal Remedies For Human Rights Treaty Violations, David Sloss Jan 2000

Ex Parte Young And Federal Remedies For Human Rights Treaty Violations, David Sloss

Faculty Publications

No abstract provided.

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The Ambiguous Basis Of Judicial Deference To Administrative Rules, David M. Hasen Jan 2000

The Ambiguous Basis Of Judicial Deference To Administrative Rules, David M. Hasen

Faculty Publications

No abstract provided.

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