Digital Commons Network^™

Partnership Profits Share For Services: An Aggregate Exegesis Of Revenue Procedure 93-27 (Part 2), John W. Lee

Faculty Publications

In this article, Professor Lee charts two alternative methods for implementing an aggregate solution to the problem of partnership profits share for services. The functional, or judicial, method is to handle (1) the exchange of partner-capacity services for a profit share subject to the risk f the venture with the Culbertson "common law relation of partnership," nonrealization event doctrine, implicitly contemplated by the 1984 legislative history to section 707(a)(2), (2) the classic Diamond transitory partner with a substance-over-form rule or step-transaction rule, and (3) a sale of the partnership interest in circumstances that would result in ordinary income in a …

The Case Of A Lifetime, Richard C. Reuben

Faculty Publications

There is great difficulty in defining pro bono lawyering. The classic model is the practitioner who devotes time to representing a client in a civil or criminal matter. But some consider other legal relationships pro bono as well, such as service on the boards of directors of nonprofit organizations, legal work at reduced fees, and activities that improve the law and legal profession. In the case of organizations such as the ACLU and the NAACP LDF, pro bono means a mixture of much of the above, as public interest law firms work hand in hand with private lawyers and firms …

The Greek Minority Of Istanbul And Greek-Turkish Relations 1918-1974, By Alexis Alexandris, Gerasimos Augustinos

Faculty Publications

Reviews the book The Greek Minority of Istanbul and Greek-Turkish Relations 1918-1974, by Alexis Alexandris.

Interest Balancing And Other Limits To Judicially Managed Equal Educational Opportunity, Neal Devins

Faculty Publications

No abstract provided.

Absence Of Size Dependence Of The Kondo Resistivity, V. Chandrasekhar, P. Santhanam, N. A. Penebre, Richard A. Webb, H. Vloeberghs, C. Van Haesendonck, Y. Bruynseraede

Faculty Publications

We have measured the low temperature resistivity of AuFe wires in the dilute magnetic impurity limit as a function of wire width, temperature, and magnetic field. When the width dependence of the electron-electron interaction contribution to the resistivity is taken into account, the temperature dependence of the remaining Kondo contribution to the resistivity of all samples with the same impurity concentration is identical. Similar behavior is observed for the magnetic field dependent resistivity. Thus, the Kondo contribution to the resistivity is independent of width down to 38 nm, much smaller than the Kondo length ξ_K=ħv_F/k_{B …}

Multiple Elements In Human Β-Globin Locus Control Region 5′ Hs 2 Are Involved In Enhancer Activity And Position Independent, Transgene Expression, John J. Caterina, Dominic J. Ciavatta, David Donze, Richard R. Behringer, Tim M. Townes

Faculty Publications

The human β-globin Locus Control Region (LCR) has two important activities. First, the LCR opens a 200 kb chromosomal domain containing the human ε-, γ- and β-giobin genes and, secondly, these sequences function as a powerful enhancer of ε-, γ- and β-globin gene expression. Erythrold-specific, DNase I hypersensitive sites (HS) mark sequences that are critical for LCR activity. Previous experiments demonstrated that a 1.9 kb fragment containing the 5′ HS 2 site confers position-independent expression in transgenic mice and enhances human β-giobin gene expression 100-fold. Further analysis of this region demonstrates that multiple sequences are required for maximal enhancer activity; …

A Multi-Chip Module Implementation Of A Neural Network, Tony R. Martinez, George L. Rudolph, Linton G. Salmon, Matthew G. Stout

Faculty Publications

The requirement for dense interconnect in artificial neural network systems has led researchers to seek high-density interconnect technologies. This paper reports an implementation using multi-chip modules (MCMs) as the interconnect medium. The specific system described is a self-organizing, parallel, and dynamic learning model which requires a dense interconnect technology for effective implementation; this requirement is fulfilled by exploiting MCM technology. The ideas presented in this paper regarding an MCM implementation of artificial neural networks are versatile and can be adapted to apply to other neural network and connectionist models.

Predicate Union And The Syntax Of Japanese Causatives, Stanley Dubinsky

Faculty Publications

This paper presents a monoclausal, multipredicate analysis of Japanese causatives, adopting the fundamental assumptions of Relational Grammar. Evidence is provided for the existence of two distinct classes of causatives, distinguished on the basis of the agentivity of the matrix subject. It is also demonstrated that the surface case marking of the causee is constrained by its relative status to the matrix subject with respect to a set of Proto-Agent entailments (as proposed in Dowty 1991).

Proof Of Correctness For Asocs Aa3 Networks, J. Cory Barker, Tony R. Martinez

Faculty Publications

This paper analyzes adaptive algorithm 3 (AA3) of adaptive self-organizing concurrent systems (ASOCS) and proves that AA3 correctly fulfills the rules presented. Several different models for ASOCS have been developed. AA3 uses a distributed mechanism for implementing rules so correctness is not obvious. An ASOCS is an adaptive network composed of many simple computing elements operating in parallel. An ASOCS operates in one of two modes: learning and processing. In learning mode, rules are presented to the ASOCS and incorporated in a self-organizing fashion. In processing mode, the ASOCS acts as a parallel hardware circuit that performs the function defined …

Thermoregulatory Effects Of Caffeine Ingestion During Rest And Exercise In Men, N Dunagan, J E. Greenleaf, C J. Cisar

Faculty Publications

Body temperatures and thermoregulatory responses were measured at rest and during submaximal exercise under normal ambient conditions in 11 aerobically-conditioned men (age = 29.2 +/- 6.2 yr, VO2(max) = 3.73 +/- 0.46 min(sup -1), relative body fat = 12.3 +/- 3.7 percent, mean +/- SD) with (CT) and without (NCT) the ingestion of 10 mg of caffeine per kg of body weight. Oxygen uptake (VO2), heart rate (HR), and rectal (T(sub re)) and mean skin (T-bar(sub sk)) temperatures were recorded for 100 minutes starting one minute after ingestion of caffeine or a placebo. Data were collected throughout 30 minutes of …

Junk Science, Daubert, And Ohio Rule 702, Paul C. Giannelli

Faculty Publications

No abstract provided.

Block Qpsk Modulation Codes With Two Levels Of Error Protection, Robert H. Morelos-Zaragoza, Shu Lin

Faculty Publications

A class of block QPSK modulation codes for unequal error protection (UEP) is presented. These codes are particularly suitable either for broadcast channels or for communication systems where parts of the information messages are more important than others. An example of the latter is coded speech transmission. Not much is known on the application of block UEP codes in combined coding and modulation schemes. We exhibit a method to combine binary linear UEP (LUEP) block codes of even length, using a Gray mapping, with a QPSK signal set to construct efficient block QPSK modulation codes with nonuniform error protection capabilities …

Foreword: Do We Really Want To Know The Defendant?, Dale A. Nance

Faculty Publications

Forward to the Symposium on the Admission of Prior Offense Evidence in Sexual Assualt Cases, Chicago, Illinois, 1994.

On A Class Of Optimal Nonbinary Linear Unequal-Error-Protection Codes For Two Sets Of Messages, Robert H. Morelos-Zaragoza, Shu Lin

Faculty Publications

Several authors have addressed the problem of designing good linear unequal error protection (LUEP) codes. However, very little is known about good nonbinary LUEP codes. We present a class of optimal nonbinary LUEP codes for two different sets of messages. By combining t-error-correcting ReedSolomon (RS) codes and shortened nonbinary Hamming codes, we obtain nonbinary LUEP codes that protect one set of messages against any t or fewer symbol errors and the remaining set of messages against any single symbol error. For t ≥ 2, we show that these codes are optimal in the sense of achieving the Hamming lower bound …

Imagining The Alternative Futures Of The U.S. Courts Of Appeals, Thomas E. Baker

Faculty Publications

Any number of extramural or structural reforms have been proposed over the years to solve the present problems and to meet the future needs of the United States Courts of Appeals. Some have been on the drawing board for a long time, while others are much more novel. In this article, Professor Baker gathers the more provocative extramural or structural proposals that have coalesced thus far in the decades-long debate over what Congress should do about the intermediate federal appellate courts. The Final Report of the Federal Courts Study Committee is the point of departure for this "inquiry and discussion."

The Eleventh Circuit’S First Decade Contribution To The Law Of The Nation, 1981-1991, Thomas E. Baker

Faculty Publications

Likewise, the task of commentary is difficult. The period covered here-the first decade of the Eleventh Circuit-represents, quite literally and figuratively, the formative era of the court. Indeed, the volume of decisions and their variety are qualities that ought to humble, if not intimidate, most commentators. Justice Holmes once observed that a common law court could be expected to replicate the entire corpus juris in the space of a single generation. The Eleventh Circuit did this consciously between 1981 and 1991. In Bonner v. City of Prichard, the inaugural en banc court held that the new court-just cleaved from the …

Characterizing Fusiform Rust Incidence And Distribution In East Texas, J. David Lenhart, Gary D. Kronrad, A. Gordon Holley, T.G. Gregoire

Faculty Publications

Three measurement cycles were completed on an extensive network of loblolly( Pinus taeda L.) pine and slash (Pinus elliottii Engelm.) pine plots in industrial plantations throughout East Texas in 1984, 1987, and 1990.Because the incidence of fusiform rust caused by Cronartium quercuum [Berk.] Miyabe ex Shirai f. sp. fusiforme had been recorded at each measurement, it is possible to characterize the temporal and geographic distribution of fusiform rust among these industrial pine plantations in East Texas. Average rust incidence for each species by two year age classes is presented. For loblolly pine, there is no apparent change in overall average …

Basic Concepts In Computer Analysis Of Forestry Investments, Steven H. Bullard, Thomas J. Straka

Faculty Publications

In the last 20 years alone, computer hardware and software developments have dramatically increased our ability to calculate financial criteria quickly and accurately. While these advances have dramatically increased our ability to calculate, they have not replaced the need to understand what is being calculated, or how the results should be interpreted and applied. Our objective in the present article is to provide background information for understandingthe "what" and "how" of computer applications for forestry investment analysis. We briefly discuss the most important financial criteria that are calculated by investment analysis computer programs; we also describe their recommended uses and …

Backfilling Canals To Restore Wetlands: Empirical Results In Coastal Louisiana, R. Eugene Turner, James M. Lee, Christopher Neill

Faculty Publications

Wetland restoration is largely a developing science and engineering enterprise. Analyses of results are too few and constrained to observations over a few years. We report here on the effectiveness of one restoration technique used sparsely in coastal Louisiana for several decades. Canals have been dredged in coastal Louisiana wetlands since 1938 for oil and gas exploration and extraction. These canals are typically dredged to 2.5 m depth and are 20 to 40 m wide. Canal lengths vary from 100 m to several 1000s m in the case of outer continental shelf pipeline canals that cross the wetlands.

Today, thousands …

Beginner's Resolve: An Essay On Collaboration, Clinical Innovation, And The First-Year Core Curriculum, Margaret M. Russell

Faculty Publications

No abstract provided.

The Religious Freedom Restoration Act: Pushing The Limits Of Legislative Power, Scott C. Idleman

Faculty Publications

No abstract provided.

Legitimacy Of The Constitutional Judge And Theories Of Interpretation In The United States, William B. Fisch, Richard S. Kay

Faculty Publications

The Legitimacy of the Constitutional Judge and Theories of Interpretation in the United States The paper addresses the sources of legitimacy of a judge exercising the power to declare acts of government invalid on constitutional grounds, and their relationship to theories of interpretation of the constitutional texts.

Kinship And Marriage In Massachusetts Public Employee Retirement Law: An Analysis Of The Beneficiary Provisions, And Proposals For Change, Jennifer Wriggins

Faculty Publications

No abstract provided.

Mommy Has A Blue Wheelchair: Recognizing The Parental Rights Of People With Disabilities, Michael Ashley Stein

Faculty Publications

No abstract provided.

Direct Simulation Monte Carlo For Thin Film Bearings, Alejandro Garcia, B. Alder, F. J. Alexander

Faculty Publications

The direct simulation Monte Carlo (DSMC) scheme is used to study the gas flow under a read/write head positioned nanometers above a moving disk drive platter (the slider bearing problem). In most cases, impressive agreement is found between the particle-based simulation and numerical solutions of the continuum hydrodynamic Reynolds equation which has been corrected for slip. However, at very high platter speeds the gas is far from equilibrium, and the load capacity for the slider bearing cannot be accurately computed from the hydrodynamic pressure.

Juvenile Court Bindover Hearings, Paul C. Giannelli

Faculty Publications

No abstract provided.

Note, Give Me Liberty Or Give Me Silence: Taking A Stand On Fifth Amendment Implications For Court-Ordered Therapy Programs, Jessica Wilen Berg

Faculty Publications

No abstract provided.

Wrong Side Of The Mountain: A Comment On Bad Faith's Unnatural History, Robert H. Jerry Ii

Faculty Publications

In this Comment, I will argue that courts have ignored bad faith's contractual heritage and have undervalued contract law's ability to respond to insurer misconduct. To draw upon Professor Powers's thoughtful analysis, I believe that courts invoked the tort paradigm before it was clear that the contract paradigm was inadequate. For lack of data, I will stop short of recommending where we should go from here, but I will suggest that our behavior in the face of bad faith liability in tort may have changed no less than the environment and that the perceived relative calm in the tort's current …

Book Review Of The Craft Of Theology: From Symbol To System, By Avery Dulles, Fernando L. Canale

Faculty Publications

No abstract provided.

Economic Performance - It's Only Part Of The Picture, Annette M. Nellen, K. Marucheck

Faculty Publications

No abstract provided.