Digital Commons Network^™

Crocodiles In The Bathtub: Maintaining The Indepedence Of State Supreme Courts In An Era Of Judicial Politicization, Gerald F. Uelmen

Faculty Publications

No abstract provided.

Contractarians, Community, And The Tort Of Interference With Contract, William J. Woodward Jr.

Faculty Publications

No abstract provided.

Defectiveness Restated: Exploding The "Strict" Products Liability Myth, David G. Owen

Faculty Publications

Strict liability in tort has occupied the core of modern products liability doctrine ever since Dean Prosser first penned the most often cited Restatement section in history-section 402A of the Second Restatement of Torts. In the Third Restatement, the ALl has completely restructured the definition of product defectiveness. The inscrutable phrase that has confounded courts and commentators for so many years- "defective condition unreasonably dangerous"- is now trifurcated according to the separate types of product defects: manufacturing defects, design defects, and warnings defects. In this important article, Professor Owen explores the conceptual developments that led to the restated liability formulations …

Oxygen And Ph Regulation Of Protein Synthesis In Mitochondria From Artemia Franciscana Embryos, Kurt E. Kwast, Steven C. Hand

Faculty Publications

To identify factors responsible for the down-regulation of mitochondrial biosynthetic processes during anoxia in encysted Artemia franciscana embryos, the effects of oxygen limitation and pH on protein synthesis were investigated in isolated mitochondria. At the optimal pH of 7.5, exposure of mitochondria to anoxia decreases the protein synthesis rate by 79%. Rates were suppressed by a further 10% at pH 6.8, the intracellular pH (pH,) measured under anoxia in vivo. Matrix pH, measured under identical conditions, was 8.43 ± 0.01 at an extramitochondrial pH of 7.9 (mean ± S.E.M. n = 3), 8.05 ± 0.01 at pH 7.5, and 7.10 …

Climate Forcing And Thermal Feedback Of Residual Lake-Ice Covers In The High Arctic, Peter T. Doran, Christopher P. Mckay, W. Peter Adams, Michael C. English, Robert A. Wharton, Michael A. Meyer

Faculty Publications

A discontinuous ice coverage and lake temperature record of 36-yr duration has been compiled for Colour Lake (79°25'N, 90°45'W) on Axel Heiberg Island, Northwest Territories. About once every 6 yr, the ice cover remains through the entire summer, creating a residual ice cover the following winter. Residual ice covers are more frequent in the last 10 yr (1986-1995) than in the 20 yr from 1959 to 1978, indicating a reduction in climate factors controlling ice decay. These factors are identified as the number of thawing degree-days, suggesting a tendency toward cooler summers over the last decade. We report year-round meteorology …

When Judges Are Gatekeepers: Democracy, Morality, Status, And Empathy In Duty Decisions (Help From Ordinary Citizens), Cheryl L. Wade

Faculty Publications

(Excerpt)

Imagine that you are eighteen and you have just graduated from high school. Even though you have no cognitive disability and have spent twelve years of your life attending public schools, you are functionally illiterate. If your predicament was caused by negligent educators, your action for educational malpractice would be called a "failure to educate" case and it would be denied.

Or, imagine that you enter a public school kindergarten class and you are examined by the school's psychologist. On the basis of a verbal intelligence test, the psychologist concludes that you are mentally retarded. In reality, you have …

Introduction: The Voices And Groups That Will Preserve (What We Can Preserve Of) Judicial Independence, John Q. Barrett

Faculty Publications

As the 1996 election year commenced, the leading issues of the day included welfare reform, late-term abortions, Bosnia, immigration, drugs, taxes, the budget deficit, and the budget impasse that had shut parts of the federal government. The "hot" national issues did not include judicial philosophy, federal judicial appointments, individual judges or particular judicial decisions. Within weeks, however, that changed, thanks to a single judicial opinion. On January 22, 1996, United States District Judge Harold Baer, Jr., decided a pretrial motion to suppress evidence in the then (and now) obscure New York federal drug prosecution of a woman from Detroit named …

The Pentium Papers: A Case Study Of Collective Institutional Investor Activism In Litigation, Joseph A. Grundfest, Michael A. Perino

Faculty Publications

This article suggests that institutional investors have rational incentives to become more active in the litigation arena, but that the current debate is falsely constrained because it rests on the assumption that institutional investors must participate either by (1) assuming the formal role of lead plaintiff, class representative, or intervenor or, (2) not participating at all. This is a false dichotomy because, as this article demonstrates, institutions have available to them a rich array of flexible, informal, and relatively inexpensive mechanisms by which they can make their views known to litigants and courts alike.

Our hypothesis that institutional investor activism …

Starting An Electronic Journal In Law, I. Trotter Hardy

Faculty Publications

Starting and operating an electronic journal is similar to starting and operating any journal; it is only the actual “mailing” of an electronic journal that is easier. The author discusses his experience in starting the Journal of Online Law, an electronic journal dealing with the legal issues of cyberspace. He describes his experience in addressing questions such as whether to charge for access, how to gain visibility for the journal, what type of articles make the most sense for electronic publication, which forms of electronic distribution make the most sense, and other issues.

Automatic Correlation And Calibration Of Noisy Sensor Readings Using Elite Genetic Algorithms, R. R. Brooks, S. S. Iyengar, J. Chen

Faculty Publications

This paper explores an image processing application of optimization techniques which entails interpreting noisy sensor data. The application is a generalization of image correlation; we attempt to find the optimal gruence which matches two overlapping gray scale images corrupted with noise. Both tabu search and genetic algorithms are used to find the parameters which match the two images. A genetic algorithm approach using an elitist reproduction scheme is found to provide significantly superior results.

"I Fought The Law And The Law Won": A Report On Women And Disparate Sentencing In South Dakota, Frank Pommersheim, Christine Hutton, Steve Feimer

Faculty Publications

No abstract provided.

Tribal Court Jurisprudence: A Snapshot From The Field, Frank Pommersheim

Faculty Publications

No abstract provided.

Psychology And Counseling Library Research Guide, Margaret Sylvia

Faculty Publications

This document is a guide for library research in psychology or counseling. The first section discusses how to do research in the library, including choosing a topic, beginning with books, updating the information with journals, checking out books, interlibrary loan, visiting other libraries, and writing the paper. The second section provides sources of general information on psychology. The third section provides an annotated bibliography of additional research resources. The fourth section contains guide to the writing of psychology research papers and the fifth section contains miscellaneous resources such as those on professional training and careers, statistics, dictionaries, and biographical resources.

The Psychological Status Of Phonological Analyses, David Eddington

Faculty Publications

This paper casts doubt on the psychological relevance of many phonological analyses. There are four reasons for this: 1) theoretical adequacy does not necessarily imply psychological significance; 2) most approaches are nonempirical in that they are not subject to potential spatiotemporal falsification; 3) phonological analyses are established with little or no recourse to the speakers of the language via experimental psychology; 4) the limited base of evidence which most analyses are founded on is further cause for skepticism.

Criminal Law Defenses, Paul C. Giannelli

Faculty Publications

No abstract provided.

Remembering Melville Nimmer: Some Cautionary Notes On Commercial Speech, William W. Van Alstyne

Faculty Publications

No abstract provided.

The United States Criminal Justice System: A Brief Overview, Paul Marcus

Faculty Publications

No abstract provided.

Judicial Knowledge, William B. Fisch

Faculty Publications

This paper reviews rules governing the use by judges in United States courts of their personal knowledge - as distinguished from that supplied by the parties in the adjudication of a civil case, whether of the particular facts out of which the dispute arises, or of general information with which the particular facts must be processed, or of law which is to be applied to the particular facts.

Determination Of Transport And Electrochemical Kinetic Parameters Of Bare And Copper-Coated Lani4.27Sn0.24 Electrodes In Alkaline Solution, G. Zheng, Branko N. Popov, Ralph E. White

Faculty Publications

Electrochemical properties of bare and copper-coated LaNi_4.27Sn_0.24 electrodes were investigated in alkaline solution. The exchange current density, polarization resistance, and equilibrium potential were determined as functions of the state of charge in the electrodes. The symmetry factors for bare and copper-coated electrodes were estimated to be 0.53 and 0.52, respectively. By using a constant current discharge technique, the hydrogen diffusion coefficient in bare and coated LaNi_4.27Sn_0.24 was estimated to be 6.75 × 10^–11 cm²/s.

Application Of Porous Electrode Theory On Metal Hydride Electrodes In Alkaline Solution, G. Zheng, Branko N. Popov, Ralph E. White

Faculty Publications

Porous electrode theory was applied to estimate the exchange current density, the polarization resistance, and symmetry factor for LaNi_4.27Sn_0.24 hydride electrode in alkaline solution. The exchange current density, polarization resistance, and symmetry factor were determined from polarization curves which were obtained at low overpotentials.

A Model For The Galvanostatic Deposition Of Nickel Hydroxide, Mahesh Murthy, Gowri S. Nagarajan, John W. Weidner, John W. Van Zee

Faculty Publications

A mathematical model is presented for the galvanostatic deposition of Ni(OH)₂ films in stagnant Ni(NO₃)₂ solutions. The objective is to quantify the anomalous deposition behavior reported previously in which the utilization of the electrochemically generated OH^– species decreased drastically as the concentration of Ni(NO₃)₂ increased beyond 0.1 M. For example as the Ni(NO₃)₂ concentration increased from 0.1 to 2.0 M, the deposition rate decreased by a factor of ten at 2.5 mA/cm². At this high ratio of concentration to current density, a comparison with Faraday's …

Analysis Of Transient Hydrogen Uptake By Metal Alloy Particles, Wenlin Zhang, Supramaniam Srinivasan, Harry J. Ploehn

Faculty Publications

This paper describes a new approach to solving the equations comprising the shrinking core model for diffusion and reaction of a chemical species in a solid spherical particle. The reactant adsorbs on the particle surface, diffuses into the particle's interior, and reacts with the particle to form a solid product. The shrinking core model assumes a fast reaction rate compared to reactant diffusion so that the reaction is localized in the interfacial zone between the unreacted solid core and the surrounding shell of reacted product. Analytical solutions of the governing conservation equations usually invoke the pseudo-steady state (PSS) approximation which …

The Ancient Doctrine Of Trespass To Web Sites, I. Trotter Hardy

Faculty Publications

No abstract provided.

The Telecommunications Act Of 1996, Thomas G. Krattenmaker

Faculty Publications

No abstract provided.

Preaching To The Public School Choir: The Establishment Clause, Rachel Bauchman, And The Search For The Elusive Bright Line, Julian R. Kossow

Faculty Publications

No abstract provided.

Sovereign Prerogatives, Jayne W. Barnard

Faculty Publications

No abstract provided.

Responses, Thomas G. Krattenmaker

Faculty Publications

No abstract provided.

Green Helmets: A Conceptual Framework For Security Council Authority In Environmental Emergencies, Linda A. Malone

Faculty Publications

No abstract provided.

Technology Augmented Litigation--Systemic Revolution, Fredric I. Lederer

Faculty Publications

This article reviews key aspects of high technology litigation, including technology augmented court records, two-way video arraignment and testimony, and technology based evidence display, and posits some of the critical jurisprudential and pragmatic issues posed by the use of such technologies

The Need To Reform The "Acceptance Of Responsibility" Adjustment, Michael M. O'Hear

Faculty Publications

No abstract provided.