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Conditional Probative Value And The Reconstruction Of The Federal Rules Of Evidence, Dale A. Nance Jan 1995

Conditional Probative Value And The Reconstruction Of The Federal Rules Of Evidence, Dale A. Nance

Faculty Publications

In a recent article, Richard Friedman articulates a modified and generalized version of the doctrine of conditional relevance, which he calls "conditional probative value."1 This version comes in response to a substantial body of academic criticism of the traditional doctrine.2 As one of the critics to whom Professor Friedman responds, I offer this reply with two purposes in mind: (1) to clarify the relationship between Friedman's analysis and my earlier reinterpretation of the conditional relevance doctrine; and (2) to ad- dress Friedman's specific proposals with regard to the Federal Rules of Evidence. I conclude that Friedman's articulation helps clarify the …


Rethinking Future Advance Mortgages: A Brief For The Restatement Approach, Dale A. Whitman, Grant S. Nelson Jan 1995

Rethinking Future Advance Mortgages: A Brief For The Restatement Approach, Dale A. Whitman, Grant S. Nelson

Faculty Publications

The advantages of such arrangements, under which the mortgagor takes none or only a portion of the loan at the outset but receives the balance in the future, are substantial. The mortgagor saves interest on the unadvanced portion until it is needed and avoids the need to invest this portion at an interest rate that at least equals the rate being paid to the lender. Moreover, both parties avoid the expense and paperwork inherent in refinancing the initial loan or in executing a series of junior mortgages to secure each advance. Finally, in the construction loan context, before committing large …


Through The Looking Glass: Can Title Vii Help Women And Minorities To Shatter The Glass Ceiling, Rafael Gely, Ramona L. Paetzold Jan 1995

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 …


Aerobic And Anaerobic Starvation Metabolism In Methanotrophic Bacteria, P. Roslev, G. M. King Jan 1995

Aerobic And Anaerobic Starvation Metabolism In Methanotrophic Bacteria, P. Roslev, G. M. King

Faculty Publications

The capacity for anaerobic metabolism of endogenous and selected exogenous substrates in carbon- and energy-starved methanotrophic bacteria was examined. The methanotrophic isolate strain WP 12 survived extended starvation under anoxic conditions while metabolizing 10-fold less endogenous substrate than did parallel cultures starved under oxic conditions. During aerobic starvation, the cell biomass decreased by 25% and protein and lipids were the preferred endogenous substrates. Aerobic protein degradation (24% of total protein) took place almost exclusively during the initial 24 h of starvation. Metabolized carbon was recovered mainly as CO2 during aerobic starvation. In contrast, cell biomass decreased by only 2.4% during …


Evaluation Of Tsetse Attractants As Baits For Horse Flies And Deer Flies (Diptera: Tabanidae) In Louisiana, L. D. Foil, L. J. Hribar Jan 1995

Evaluation Of Tsetse Attractants As Baits For Horse Flies And Deer Flies (Diptera: Tabanidae) In Louisiana, L. D. Foil, L. J. Hribar

Faculty Publications

No abstract provided.


Effects Of Inoculation And Wilting On The Preservation And Utilization Of Wheat Forage, C. C. Williams, M. A. Froetschel, L. O. Ely, H. E. Amos Jan 1995

Effects Of Inoculation And Wilting On The Preservation And Utilization Of Wheat Forage, C. C. Williams, M. A. Froetschel, L. O. Ely, H. E. Amos

Faculty Publications

Wheat forage was harvested at an early head stage of maturity and ensiled in 12 900-kg experimental silos at three percentages of DM (20.8% for direct-cut forage and 27.9 or 39.3% for wilted forage) either with or without application of a lactic acid bacterial inoculant. The objective was to test the efficacy of the inoculant to alter silage fermentation, preservation, and nutritive value of wheat forage ensiled at different moisture percentages because of wilting. Wilting enhanced DM preservation and decreased fermentation end products. Inoculation made the fermentation more homolactic but did not enhance DM preservation. Silage rations (80% DM as …


Effects Of Inoculation And Wilting On The Preservation And Utilization Of Wheat Forage, C. C. Williams, M. A. Froetschel, L. O. Ely, H. E. Amos Jan 1995

Effects Of Inoculation And Wilting On The Preservation And Utilization Of Wheat Forage, C. C. Williams, M. A. Froetschel, L. O. Ely, H. E. Amos

Faculty Publications

Wheat forage was harvested at an early head stage of maturity and ensiled in 12 900-kg experimental silos at three percentages of DM (20.8% for direct-cut forage and 27.9 or 39.3% for wilted forage) either with or without application of a lactic acid bacterial inoculant. The objective was to test the efficacy of the inoculant to alter silage fermentation, preservation, and nutritive value of wheat forage ensiled at different moisture percentages because of wilting. Wilting enhanced DM preservation and decreased fermentation end products. Inoculation made the fermentation more homolactic but did not enhance DM preservation. Silage rations (80% DM as …


Playing "21" With Narcotics Enforcement: A Response To Professor Carrington (Symposium, Regulatory Future Of Contingent Employment), Frank O. Bowman Iii Jan 1995

Playing "21" With Narcotics Enforcement: A Response To Professor Carrington (Symposium, Regulatory Future Of Contingent Employment), Frank O. Bowman Iii

Faculty Publications

Although I have fundamental disagreements with Professor Carrington even when his argument is reduced to its core, my purpose here is neither to defend every jot and tittle of national drug policy, nor to propose any sweeping personal vision of the place of recreational drugs in America. My ambitions are more modest. I suggest three premises: (1) Intelligent discussion of drug policy requires that we shed the image of law enforcement as warfare. (2) Instead, criminal narcotics prohibitions, penalties, and enforcement methods should be analyzed by the same standards which *939 govern any other type of crime. (3) If antinarcotics …


Will The Federal Courts Of Appeals Perish If They Publish? Or Does The Declining Use Of Opinions To Explain And Justify Judicial Decisions Pose A Greater Threat?, Martha Dragich Jan 1995

Will The Federal Courts Of Appeals Perish If They Publish? Or Does The Declining Use Of Opinions To Explain And Justify Judicial Decisions Pose A Greater Threat?, Martha Dragich

Faculty Publications

This Article examines three of those practices: selective publication, summary disposition, and vacatur upon settlement.


A Restatement Of The Supreme Court's Law Of Religious Freedom: Coherence, Conflict Or Chaos?, Carl H. Esbeck Jan 1995

A Restatement Of The Supreme Court's Law Of Religious Freedom: Coherence, Conflict Or Chaos?, Carl H. Esbeck

Faculty Publications

Religious freedom as guaranteed in the First Amendment makes religious pluralism more likely, while pluralism makes the maintenance of religious freedom as a fundamental civil right more necessary. It seems there is a limit, however, to the expansion of America's religious pluralism that, when exceeded, shatters cultural consensus thus rendering impossible the political and civil discourse necessary to sustain democratic institutions.1 This follows because pluralism promises freedom but exacts a price in civic disunity and moral confusion. The question thereby resolves itself into just how a religiously diverse people are to live together, despite their deepest differences, while sharing in …


Anonymous Campaign Literature And The First Amendment, Erika Lietzan Jan 1995

Anonymous Campaign Literature And The First Amendment, Erika Lietzan

Faculty Publications

Presently, forty-eight states and the District of Columbia have statutes that require the disclosure of some party's identity (for example, an author or a sponsor) on political literature pertaining to elections. The most common explanations given for these statutes are that they deter fraud and libel in the election arena and that they provide valuable information to the voters. Because these statutes regulate core political speech, however, they necessarily implicate the First Amendment to the United States Constitution. Although campaign disclosure laws have been both struck down and sustained by state courts reviewing appealed convictions, the decisions have been disappointingly …


Defensor Fidei: The Travails Of A Post-Realist Formalism, Lyrissa Lidsky Jan 1995

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.


Modeling Physical And Chemical Climate Of The Northeastern United States For A Geographic Information System, Scott V. Ollinger, John D. Aber, Anthony C. Federer, Gary M. Lovett, Jennifer M. Ellis Jan 1995

Modeling Physical And Chemical Climate Of The Northeastern United States For A Geographic Information System, Scott V. Ollinger, John D. Aber, Anthony C. Federer, Gary M. Lovett, Jennifer M. Ellis

Faculty Publications

A model of physical and chemical climate was developed for New York and New England that can be used in a GIs for integration with ecosystem models. The variables included are monthly average maximum and minimum daily temperatures, precipitation, humidity, and solar radiation, as well as annual atmospheric deposition of sulfur and nitrogen. Equations generated from regional data bases were combined with a digital elevation model of the region to generate digital coverages of each variable.


Measurement Of Charged And Neutral Current E-P Deep Inelastic Scattering Cross Sections At High Q2, M. Derrick, D. Krakauer, S. Magill, D. Mikunas, B. Musgrave, J. Repond, R. Stanek, R. L. Talaga, H. Zhang, R. Ayad, G. Bari, M. Basile, L. Bellagamba, D. Boscherini, A. Bruni, G. Bruni, P. Bruni, G. Cara Romeo, G. Castellini, M. Chiarini, L. Cifarelli, F. Cindolo, A. Contin, M. Corradi, I. Gialas, P. Giusti, G. Iacobucci, G. Laurenti, G. Levi, A. Margotti, T. Massam, R. Nania, C. Nemoz Jan 1995

Measurement Of Charged And Neutral Current E-P Deep Inelastic Scattering Cross Sections At High Q2, M. Derrick, D. Krakauer, S. Magill, D. Mikunas, B. Musgrave, J. Repond, R. Stanek, R. L. Talaga, H. Zhang, R. Ayad, G. Bari, M. Basile, L. Bellagamba, D. Boscherini, A. Bruni, G. Bruni, P. Bruni, G. Cara Romeo, G. Castellini, M. Chiarini, L. Cifarelli, F. Cindolo, A. Contin, M. Corradi, I. Gialas, P. Giusti, G. Iacobucci, G. Laurenti, G. Levi, A. Margotti, T. Massam, R. Nania, C. Nemoz

Faculty Publications

Deep inelastic e-p scattering has been studied in both the charged current (CC) and neutral current (NC) reactions at momentum transfers squared Q2 above 400 GeV2 using the ZEUS detector at the HERA ep collider. The CC and NC total cross sections, the NC to CC cross section ratio, and the differential cross sections d/dQ2 are presented. From the Q2 dependence of the CC cross section, the mass term in the CC propagator is determined to be MW=76 16 13 GeV. © 1995 The American Physical Society.


Inhibition Of Mixing In Chaotic Quantum Dynamics, B. S. Helmkamp, D. A. Browne Jan 1995

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 …


Electrogenic Na-Ca Exchange Clears Ca2+ Loads From Retinal Amacrine Cells In Culture, E. Gleason, S. Borges, M. Wilson Jan 1995

Electrogenic Na-Ca Exchange Clears Ca2+ Loads From Retinal Amacrine Cells In Culture, E. Gleason, S. Borges, M. Wilson

Faculty Publications

Calcium influx into cultured retinal amacrine cells is followed by a small, slow, inward current that we show here results from the operation of electrogenic Na-Ca exchange. The activity of the exchanger is shown to correlate with the magnitude of the Ca2+ load and to depend on both the Ca2+ and Na+ gradients. Li+ is unable to substitute for Na+ and in the absence of Na+, slow tail currents are almost entirely suppressed. A rapid change in [K+](o) does not affect the activity of the exchanger, suggesting that only Na+ and Ca2+ are transported. The ratio of charge entering as …


Recurrences In Driven Quantum Systems, V. Poduri, D. A. Browne, U. Patil Jan 1995

Recurrences In Driven Quantum Systems, V. Poduri, D. A. Browne, U. Patil

Faculty Publications

We calculate the recombination probability for an atom interferometric experiment in which the beams interfere after one of them has been exposed to an intense laser. We choose a model one-dimensional atomic potential and find that if the intensity of the laser is large, there are recurrences in the recombination probability as a function of time, irrespective of the frequency of excitation. This implies that the particles exposed to the laser have a large amplitude to be in the localized initial state in spite of having sufficient energy to escape from the binding potential. © 1995 The American Physical Society.


Head-On Collision Of Two Black Holes: Comparison Of Different Approaches, Peter Anninos, Richard H. Price, Jorge Pullin, Edward Seidel, Wai Mo Suen Jan 1995

Head-On Collision Of Two Black Holes: Comparison Of Different Approaches, Peter Anninos, Richard H. Price, Jorge Pullin, Edward Seidel, Wai Mo Suen

Faculty Publications

A benchmark problem for numerical relativity has been the head-on collision of two black holes starting from the ''Misner initial data,'' a closed form momentarily stationary solution to the constraint equations with an adjustable closeness parameter μ0. We show here how an electric mixture of approximation methods can provide both an efficient means of determining the time development of the initial data and a good understanding of the physics of the problem. When the Misner data are chosen to correspond to holes initially very close together, a common horizon surrounds both holes and the geometry exterior to the horizon can …


Knot Polynomial States Of Quantum Gravity In Terms Of Loops And Extended Loops: Some Remarks, Cayetano Di Bartolo, Rodolfo Gambini, Jorge Griego, Jorge Pullin Jan 1995

Knot Polynomial States Of Quantum Gravity In Terms Of Loops And Extended Loops: Some Remarks, Cayetano Di Bartolo, Rodolfo Gambini, Jorge Griego, Jorge Pullin

Faculty Publications

In this paper we review the status of several solutions to all the constraints of quantum gravity that have been proposed in terms of loops and extended loops, based on knot polynomials. We discuss pitfalls of several of the results, and in particular the issues of covariance and regularization of the constraints in terms of extended loops. We also propose a formalism for "thickened out loops," which does not face the covariance problems of extended loops and may allow to regularize expressions in a consistent manner. © 1995 American Institute of Physics.


Ethics, Media And The O.J. Trial, Gerald F. Uelmen Jan 1995

Ethics, Media And The O.J. Trial, Gerald F. Uelmen

Faculty Publications

No abstract provided.


Slow Motion In One-Dimensional Cahn-Morral Systems, Christopher P. Grant Jan 1995

Slow Motion In One-Dimensional Cahn-Morral Systems, Christopher P. Grant

Faculty Publications

In this paper we study one-dimensional Cahn-Morral systems, which are the multicomponent analogues of the Cahn-Hilliard model for phase separation and coarsening in binary mixtures. In particular, we examine solutions that start with initial data close to the preferred phases except at finitely many transition points where the data has sharp transition layers, and we show that such solutions may evolve exponentially slowly; i.e., if ε is the interaction length then there exists a constant C such that in exp(C/ε) units of time the change in such a solution is o(1). This corresponds to extremely slow coarsening of a multicomponent …


Panel Two: Information Policy Making, Allen S. Hammond Iv Jan 1995

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

Faculty Publications

No abstract provided.


Privilege In The Workplace: The Missing Element In Antidiscrimination Law, Stephanie M. Wildman Jan 1995

Privilege In The Workplace: The Missing Element In Antidiscrimination Law, Stephanie M. Wildman

Faculty Publications

No abstract provided.


China's Company Law: Practicing Capitalism In A Transnational Economy, Anna M. Han Jan 1995

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

Faculty Publications

No abstract provided.


Making Sense Of English Law Enforcement In The Eighteenth Century, David D. Friedman Jan 1995

Making Sense Of English Law Enforcement In The Eighteenth Century, David D. Friedman

Faculty Publications

No abstract provided.


Universal Access To Infrastructure And Information, Allen S. Hammond Iv Jan 1995

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

Faculty Publications

No abstract provided.


Dispute Resolution In Indian Country: Does Abstention Make The Heart Grow Fonder? (Panel Discussion), Frank Pommersheim Jan 1995

Dispute Resolution In Indian Country: Does Abstention Make The Heart Grow Fonder? (Panel Discussion), Frank Pommersheim

Faculty Publications

No abstract provided.


Diminishment Of Indian Reservations: Legislative Or Judicial Fiat?, (Panel Discussion), Frank Pommersheim Jan 1995

Diminishment Of Indian Reservations: Legislative Or Judicial Fiat?, (Panel Discussion), Frank Pommersheim

Faculty Publications

No abstract provided.


Recategorization Of Prepositions As Complementizers: The Case Of Temporal Prepositions In English, Stanley William Dubinsky, Kemp Williams Jan 1995

Recategorization Of Prepositions As Complementizers: The Case Of Temporal Prepositions In English, Stanley William Dubinsky, Kemp Williams

Faculty Publications

No abstract provided.


Hydrogen-Atom Direct-Entry Mechanism Into Metal Membranes, G. Zheng, Branko N. Popov, Ralph E. White Jan 1995

Hydrogen-Atom Direct-Entry Mechanism Into Metal Membranes, G. Zheng, Branko N. Popov, Ralph E. White

Faculty Publications

The hydrogen-atom direct-entry mechanism is used to explain why the steady-state hydrogen permeation current density through a metal membrane is directly proportional to the cathodic current density, ic, and is independent of the membrane thickness when ic is small.