Digital Commons Network^™

Handling Hot Potatoes: Judicial Review Of California Initiatives After Senate V. Jones, Gerald F. Uelmen

Faculty Publications

No abstract provided.

The Impact Of Drugs Upon Sentencing Policy, Gerald F. Uelmen

Faculty Publications

No abstract provided.

"Our Federalism" In The Context Of Federal Courts And Tribal Courts: An Open Letter To The Federal Courts’ Teaching And Scholarly Community, Frank Pommersheim

Faculty Publications

No abstract provided.

Modeling The Effect Of Plasticizer On The Viscoelastic Response Of Crosslinked Polymers Using The Tube-Junction Model, P. P. Simon, Harry J. Ploehn

Faculty Publications

Plasticizers modify the mechanical properties of polymericmaterials. The effects of plasticizers on glass transition temperatures can be most clearly observed in isochronal temperature sweep profiles of viscoelastic dynamic moduli. However, no simple mathematical models of plasticization are available to those who wish to design and employ plasticized materials in specific applications. We extend a phenomenological, molecular-level model (known as the tube–junction model) for crosslinked polymers to describe the effect of plasticizers on dynamic moduli. We show that the increase in free volume fraction due to the presence of the plasticizer can account for the shift in the glass transition in …

Diffusion Of Water In Nafion 115 Membranes, Sathya Motupally, Aaron J. Becker, John W. Weidner

Faculty Publications

In this paper, experimental and simulated data for the diffusion of water across Nafion membranes as a function of the water activity gradient are presented. The gradient in the activity of water across the membrane was varied by changing the flow rate and pressure of nitrogen gas on one side of the membrane. The other side of the membrane was equilibrated with liquid water. It was found that the model predictions are very sensitive to the value of the diffusion coefficient of water in Nafion. Using the Fickian diffusion coefficient extracted from self-diffusion measurements reported in the literature, the model …

Agent Teams: Building And Implementing Software, Michael N. Huhns

Faculty Publications

Agents will become fundamental building blocks for general-purpose Internet-based software. The software may not display any explicitly agent-like characteristics, but it will exhibit the benefits of tolerance to errors, ease of maintenance, adaptability to change, and speed of construction that agents provide. Moreover, an agent-based approach to software development can lead to new types of software solutions that might not otherwise be obvious. The author considers how an approach based on teams of active, cooperative, and persistent software components, that is agents, shows special promise in enabling the rapid construction of robust and reusable software.

Prosecutorial Discretion And Prosecution Guidelines: A Case Study In Controlling Federalization, Michael A. Simons

Faculty Publications

In this Article Michael Simons examines the ways in which the federalization of crime can be controlled. Simons argues that prosecutorial discretion is the most important variable in the federalization process and that controlling prosecutorial discretion is the key to controlling federalization. He presents the Child Support Recovery Act as a model for how prosecution guidelines for federal criminal statutes can provide such control Federalization of criminal child support enforcement has been successful because federal prosecutors have exercised discretion in a manner consistent with the concerns expressed by the bench and the academy about federalization. Simons concludes by exploring how …

"Working" With The Ada's "Regarded As" Definition Of A Disability, Thomas Simmons

Faculty Publications

The Americans with Disabilities Act of 1990 prohibits discrimination against and mandates accommodations for individuals with disabilities. As a threshold matter, the Act requires the plaintiff to demonstrate that she is an individual with a disability; that is, that she has an actual disability or is "regarded as" having a disability as the statute defines it. This article discusses the threshold "regarded as" showing as refined by three Supreme Court cases decided in the summer of 1999. Although in the past the "regarded as" definition has often played "second fiddle" to the "actual disability" definition, the author suggests that there …

How Medication Affects The Existence Of An Ada Disability, Tom Simmons

Faculty Publications

No abstract provided.

Lessons In Leadership From Lincoln The Lawyer, Barry Vickrey

Faculty Publications

No abstract provided.

The Ex Post Facto Clause, Paul C. Giannelli

Faculty Publications

No abstract provided.

A Theory Of Claim Interpretation, Craig Allen Nard

Faculty Publications

This article explores the proper scope of judicial power in patent law by focusing on the Federal Circuit's theories of claim interpretation. A study of the court's claim interpretation jurisprudence reveals two schools of interpretation. I characterize these approaches as (1) hypertextualism, which is the predominant interpretative theory; and (2) pragmatic textualism, which is gradually asserting itself. The hypertextualist judge has an expansive view of judicial power, characterizing claim interpretation as a question of law subject to de novo review. This highly formalistic approach stresses textual fidelity and internal textual coherence, but eschews extrinsic evidence as an interpretive tool, portraying …

Reinvigorating Chapter 11: The Case For Reinstating The Stock-For-Debt Exception In Bankruptcy, Michelle A. Cecil

Faculty Publications

This Article suggests that such a proposal will harmonize the bankruptcy policy of rehabilitating financially distressed corporations with the tax policy of ensuring that true economic income is subject to federal income taxation.27 Parts II and III of this Article will trace the common law evolution of the stock-for-debt exception and its statutory codification in 1980, with particular emphasis on the stated policy justifications for the exception. Part IV will then examine the history of the repeal of the stock-for-debt exception, demonstrating that the repeal was the result of hasty political maneuvering rather than reasoned legislative decision-making. In Part V, …

Two Degrees Of Speech Protection: Free Speech Through The Prism Of Agricultural Disparagement Laws, Howard M. Wasserman

Faculty Publications

In the wake of a 1989 national television broadcast reporting the alleged cancer risk of a chemical applied to apples on trees, many states passed agricultural product disparagement (APD) statutes. These statutes grant civil causes of action to the growers and sellers of perishable food products, against anyone who speaks negatively or disparagingly, without basis in scientific evidence, about the product's safety. In this Article, Howard M Wasserman explores the interplay between the APD statutes and the First Amendment. First, Mr. Wasserman discusses the three categories of restrictions on the freedom of speech, focusing primarily on private civil tort actions …

Food Resources Of Stream Macroinvertebrates Determined By Natural-Abundance Stable C And N Isotopes And A 15n Tracer Addition, Patrick J. Mulholland, Jennifer L. Tank, Diane M. Sanzone, Wilfred M. Wollheim, Bruce J. Peterson, Jackson R. Webster, Judy L. Meyer

Faculty Publications

Trophic relationships were examined using natural-abundance 13C and 15N analyses and a 15N-tracer addition experiment in Walker Branch, a 1st-order forested stream in eastern Tennessee. In the 15N-tracer addition experiment, we added 15NH4, to stream water over a 6-wk period In early spring, and measured 15N:14N ratios in different taxa and biomass compartments over distance and time. Samples collected from a station upstream from the 15N addition provided data on natural-abundance 13C:12C and 15N:14N ratios. The natural-abundance 15N analysis proved to be of limited value in identifying food resources of macroinvertebrates because 15N values were not greatly different among food …

On The Evolution Of The Canonical Dissent, Anita S. Krishnakumar

Faculty Publications

Legal theorists increasingly have come to recognize and study the existence of a constitutional canon composed of highly authoritative legal texts that command special reverence in the law. Among these highly authoritative texts are a series of dissenting opinions—e.g., Justice Holmes's in Lochner v. New York, and Justice Harlan's in Plessy v. Ferguson—that ironically are more famous than the majority opinions in most other cases. This Article examines the evolution of the dissenting canon, seeking to explain both the methods by which various dissenting opinions became canonized and the motivating factors behind these canonizations.

Specifically, the Article argues that the …

The World Trade Constitution, John O. Mcginnis, Mark L. Movsesian

Faculty Publications

Conventional wisdom holds that the World Trade Organization (WTO) necessarily poses a threat to sovereignty and representative government within its member nations. Professors McGinnis and Movsesian refute this view. They argue that the WTO can be understood as a constitutive structure that, by reducing the power of protectionist interest groups, can simultaneously promote international trade and domestic democracy. Indeed, in promoting both free trade and accountable government, the WTO reflects many of the insights that inform our own Madisonian Constitution. Professors McGinnis and Movsesian reject recent proposals to grant the WTO regulatory authority, endorsing instead the WTO's limited adjudicative power …

American Lawyers And International Competence, Charlotte Ku, Christopher J. Borgen

Faculty Publications

Just over ten years ago, Germans tore down a wall that divided their country and the whole of Europe. Stepping through the hole in the Berlin Wall, they took the first steps towards the reunification of West and East Germany and the end of the Cold War. Today another wall is being torn down—that between purely domestic law and international law. Companies are engaged in international trade at ever increasing rates. Environmental degradation has proved to be a global problem that cannot be solved with uncoordinated local measures. Individuals worldwide are pressing their governments for the recognition of a common …

Special Division Agonistes, John Q. Barrett

Faculty Publications

When the independent counsel law sank, the casualties included a special "division" of the United States Court of Appeals for the District of Columbia Circuit. This division was the special court that Congress had created "for the purpose of appointing independent counsels." The now-expired 1994 independent counsel statute had, like its three predecessors, directed the Chief Justice of the United States to appoint three judges from the Supreme Court and/or the federal Courts of Appeals to serve on the special court for two-year terms. This independent counsel court, which was located for administrative purposes in the United States Court of …

Computational Fluid Dynamics Modeling Of A Lithium/Thionyl Chloride Battery With Electrolyte Flow, W. B. Gu, C. Y. Wang, John W. Weidner, Rudolph G. Jungst, Ganesan Nagasubramanian

Faculty Publications

A two-dimensional model is developed to simulate discharge of a lithium/thionyl chloride primary battery. As in earlier one-dimensional models, the model accounts for transport of species and charge, and electrode porosity variations and electrolyte flow induced by the volume reduction caused by electrochemical reactions. Numerical simulations are performed using a finite volume method of computational fluid dynamics. The predicted discharge curves for various temperatures show good agreement with published experimental data, and are essentially identical to results published for one-dimensional models. The detailed two-dimensional flow simulations show that the electrolyte is replenished from the cell head space predominantly through the …

Development Of A New Electrodeposition Process For Plating Of Zn-Ni-X (X = Cd, P) Alloys: Permeation Characteristics Of Zn-Ni-Cd Ternary Alloys, A. Durairajan, B. S. Haran, Ralph E. White, Branko N. Popov

Faculty Publications

It is shown that an electrodeposited Zn-Ni-Cd alloy coating produced from sulfate electrolyte inhibits the discharge of hydrogen on carbon steel. The newly developed ternary alloys have approximately ten times higher corrosion resistance when compared to a Zn-Ni alloy. Hydrogen permeation characteristics of Zn-Ni-Cd alloy coatings were studied and compared with those of a bare and a Zn-Ni alloy coated steel. The transfer coefficient, a, exchange current density, io, thickness dependent adsorption-absorption rate constant, k0, recombination rate constant, k3, surface hydrogen coverage, θH, were obtained by applying a mathematical model to experimental results. Alloys obtained from baths containing higher concentration …

The Culture Of Belief And The Politics Of Religion, William P. Marshall

Faculty Publications

No abstract provided.

The Civil Jury In America: Improving The Jury's Understanding Of A Case, Jay E. Grenig

Faculty Publications

No abstract provided.

Freezing The Company Charter, Eric Kades

Faculty Publications

When legislatures alter corporate, partnership, and other business entity statutes, they simultaneously amend the governing document of all entities of that type formed within the jurisdiction. In many circumstances these business entities may wish to retain existing rules for internal governance. This Article offers a novel tool for firms wishing to so manage their own legal transitions: the "charter freeze." A freeze provision in the company charter declares that future (non-mandatory) changes in relevant statutes have no effect on the firm. Owners may affirmatively adopt the new rules, but choose to exercise complete control over their adoption vel non of …

When Can A Defendant Challenge His Acca Sentence On The Basis That His Prior State Convictions Were Unconstitutional?, Michael O'Hear

Faculty Publications

No abstract provided.

Spiritual Treatment Exemptions To Child Medical Neglect Laws: What We Outsiders Should Think, James G. Dwyer

Faculty Publications

No abstract provided.

Informed Consent For Neonatal Circumcision: An Ethical And Legal Conundrum, J. Steven Svoboda, Robert S. Van Howe, James G. Dwyer

Faculty Publications

No abstract provided.

The Dark Side Of Efficiency: Johnson V. M'Intosh And The Expropriation Of Amerindian Lands, Eric Kades

Faculty Publications

No abstract provided.

Courtroom Technology, A Judicial Primer, Fredric I. Lederer

Faculty Publications

No abstract provided.

Correcting Deadly Confusion: Responding To Jury Inquiries In Capital Cases, Stephen P. Garvey, Sheri Lynn Johnson, Paul Marcus

Faculty Publications

No abstract provided.