Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

Faculty Publications

Discipline
Institution
Keyword
Publication Year
File Type

Articles 15361 - 15390 of 16755

Full-Text Articles in Entire DC Network

The Bespeaks Caution Doctrine: Revisiting The Application Of Federal Securities Law To Opinions And Estimates, Royce De R. Barondes Jan 1994

The Bespeaks Caution Doctrine: Revisiting The Application Of Federal Securities Law To Opinions And Estimates, Royce De R. Barondes

Faculty Publications

Disclosure of estimates and opinions, which are often referred to as ‘soft information,‘ has presented a number of difficult issues to courts, the Securities and Exchange Commission (SEC) and companies issuing offering materials or required to file periodic reports with the SEC. Although this type of information often consists of projections, historical financial statements also include this type of information to varying degrees. For example, a bank's statement of financial position requires specification of loan loss reserves and is therefore dependent on an assessment of future events (the timing and extent of repayment). Similarly, determination of the timing of a …

Go to article

Carbonic Anhydrase Activity In Isolated Chloroplasts Of Wild-Type And High-Co2-Dependent Mutants Of Chlamydomonas Reinhardtii As Studied By A New Assay, G. L. Katzman, S. J. Carlson, Y. Marcus, J. V. Moroney, R. K. Togasaki Jan 1994

Carbonic Anhydrase Activity In Isolated Chloroplasts Of Wild-Type And High-Co2-Dependent Mutants Of Chlamydomonas Reinhardtii As Studied By A New Assay, G. L. Katzman, S. J. Carlson, Y. Marcus, J. V. Moroney, R. K. Togasaki

Faculty Publications

No abstract provided.

Go to article

Arbitrability In Recent Federal Civil Rights Legislation: The Need For Amendment, Douglas E. Abrams Jan 1994

Arbitrability In Recent Federal Civil Rights Legislation: The Need For Amendment, Douglas E. Abrams

Faculty Publications

This Article discusses the shortcomings inherent in the consideration and enactment of the arbitrability provisions of the ADA and the 1991 Civil Rights Act. As a threshold matter, Part II demonstrates that the latter Act's textual encouragement of arbitration indicates that Congress misapprehended the effect of Gilmer, which the Supreme Court had decided barely six months before the Act's passage. Specifically, this Part will argue that after Gilmer, textual encouragement of arbitration has little or no greater legal significance than textual silence would have. In the few decades before the decision, textual encouragement would have had significant impact because particular …

Go to article

An Economic Analysis Of The Potential For Coercion In Consent Solicitations For Bonds, Royce De R. Barondes Jan 1994

An Economic Analysis Of The Potential For Coercion In Consent Solicitations For Bonds, Royce De R. Barondes

Faculty Publications

This Article examines why issuers frequently cannot present bondholders with an offer that draws on collective action problems to force the acceptance of the offer by the bondholders. The analysis is restricted to publicly offered bonds. For a number of reasons, privately placed debt presents fewer opportunities for coercion. A prior business relationship among various purchasers, which facilitates cooperation, may be more likely with respect to privately placed debt. Privately placed debt often has more significant protection for the bondholders than public debt with the same level of seniority

Go to article

Determination Of Radiative Lifetimes Of Excited States In Neutral Gold Using Time-Resolved Vacuum-Ultraviolet Laser Spectroscopy, M. B. Gaarde, R. Zerne, Luo Caiyan, Jiang Zhankui, J. Larsson, S. Svanberg Jan 1994

Determination Of Radiative Lifetimes Of Excited States In Neutral Gold Using Time-Resolved Vacuum-Ultraviolet Laser Spectroscopy, M. B. Gaarde, R. Zerne, Luo Caiyan, Jiang Zhankui, J. Larsson, S. Svanberg

Faculty Publications

Natural radiative lifetimes of the states in the highly perturbed 5d10np 2P sequence in neutral gold, Au i, for n=69, as well as of four of the perturbing 5d96s6p 2P states, have been measured. This was done by direct excitation from the ground state with short-pulse vacuum-ultraviolet laser light and time-resolved detection of the laser-induced fluorescence. We found the lifetimes to be (6p 2P1/2)=6.2(2) ns, (6p 2P3/2)=4.7(2) ns, (7p 2P1/2)=6.4(7) ns, (7p 2P3/2)=5.3(7) ns, (8p 2P1/2)=63(3) ns, (8p 2P3/2)=24(2) ns, (9p 2P1/2)=28(2) ns, and (9p 2P3/2)=75(4) ns. For the perturbing states (two states of each term have been observed) we …

Go to article

Late-Time Behavior Of Stellar Collapse And Explosions. I. Linearized Perturbations, Carsten Gundlach, Richard H. Price, Jorge Pullin Jan 1994

Late-Time Behavior Of Stellar Collapse And Explosions. I. Linearized Perturbations, Carsten Gundlach, Richard H. Price, Jorge Pullin

Faculty Publications

We study the power-law tails in the evolution of massless fields around a fixed background geometry corresponding to a black hole. We give analytical arguments for their existence at scri+, at the future horizon, and at future timelike infinity. We confirm their existence with numerical integrations of the curved spacetime wave equation on the background of a Schwarzschild and a Reissner-Nordström black hole. These results are relevant to studies of mass inflation and the instability of Cauchy horizons. The analytic arguments also suggest the behavior of the full nonlinear dynamics, which we study numerically in a companion paper. © 1994 …

Go to article

Late-Time Behavior Of Stellar Collapse And Explosions. Ii. Nonlinear Evolution, Carsten Gundlach, Richard H. Price, Jorge Pullin Jan 1994

Late-Time Behavior Of Stellar Collapse And Explosions. Ii. Nonlinear Evolution, Carsten Gundlach, Richard H. Price, Jorge Pullin

Faculty Publications

We compare the predictions of linearized theory for the radiation produced in the collapse of a spherically symmetric scalar field with a full numerical integration of the Einstein equations. We find power-law tails and quasinormal ringing remarkably similar to predictions of linearized theory even in cases where nonlinearities are crucial. We also show that power-law tails develop even when the collapsing scalar field fails to produce a black hole. © 1994 The American Physical Society.

Go to article

Colliding Black Holes: The Close Limit, Richard H. Price, Jorge Pullin Jan 1994

Colliding Black Holes: The Close Limit, Richard H. Price, Jorge Pullin

Faculty Publications

The problem of the mutual attraction and joining of two black holes is of importance as both a source of gravitational waves and as a testbed of numerical relativity. If the holes start out close enough that they are initially surrounded by a common horizon, the problem can be viewed as a perturbation of a single black hole. We take initial data due to Misner for close black holes, apply perturbation theory, and evolve the data with the Zerilli equation. The computed gravitational radiation agrees with and extends the results of full numerical computations. © 1994 The American Physical Society.

Go to article

The Anonymous Jury: Jury Tampering By Another Name?, Gerald F. Uelmen, Ephraim Margolin Jan 1994

The Anonymous Jury: Jury Tampering By Another Name?, Gerald F. Uelmen, Ephraim Margolin

Faculty Publications

No abstract provided.

Go to article

Language And Silence: Making Systems Of Privilege Visible, Stephanie M. Wildman, Adrienne D. Davis Jan 1994

Language And Silence: Making Systems Of Privilege Visible, Stephanie M. Wildman, Adrienne D. Davis

Faculty Publications

No abstract provided.

Go to article

A Proposal That Congress Create A Commission On Federal Court Structure, Thomas E. Baker Jan 1994

A Proposal That Congress Create A Commission On Federal Court Structure, Thomas E. Baker

Faculty Publications

Predicting the shape and size of the federal judiciary in the future requires us to gaze into a rather clouded crystal ball; clouded, because the prediction of future changes in any institution is a hazardous business, and clouded even more in this case because political pressures as well as rational discourse will determine what the federal courts look like a generation hence.

Go to article

Limitation Of Legal Malpractice Actions: Defining Actual Injury And The Problem Of Simultaneous Litigation, Tyler T. Ochoa, Andrew Wilstrich Jan 1994

Limitation Of Legal Malpractice Actions: Defining Actual Injury And The Problem Of Simultaneous Litigation, Tyler T. Ochoa, Andrew Wilstrich

Faculty Publications

In this article, we will first review the development of the "actual injury" tolling provision in California, from its judicial adoption in 1971 to its legislative adoption in 1977. Second, we will explore the policies underlying the legal malpractice statute of limitation and the countervailing policies that may make delayed accrual or tolling desirable in situations involving simultaneous litigation. Third, we will examine case law applying the "actual injury" tolling provision to various fact situations and analyze potential legal solutions to the problem of defining "actual injury," including the doctrine of equitable tolling. Finally, we will demonstrate how the doctrine …

Go to article

Avoiding Constitutional Questions, Lisa A. Kloppenberg Jan 1994

Avoiding Constitutional Questions, Lisa A. Kloppenberg

Faculty Publications

No abstract provided.

Go to article

Building Blocks Of Analysis: Using Simple "Sesame Street Skills" And Sophisticated Educational Learning Theories In Teaching A Seminar In Legal Analysis And Writing, Nancy A. Wright Jan 1994

Building Blocks Of Analysis: Using Simple "Sesame Street Skills" And Sophisticated Educational Learning Theories In Teaching A Seminar In Legal Analysis And Writing, Nancy A. Wright

Faculty Publications

No abstract provided.

Go to article

It's Not Broken So Don't Fix It: The International Atomic Energy Agency Safeguards System And The Nuclear Nonproliferation Treaty, David Sloss Jan 1994

It's Not Broken So Don't Fix It: The International Atomic Energy Agency Safeguards System And The Nuclear Nonproliferation Treaty, David Sloss

Faculty Publications

No abstract provided.

Go to article

Lesbian, Gay And Bisexual Rights And "The Civil Rights Agenda", Margaret M. Russell Jan 1994

Lesbian, Gay And Bisexual Rights And "The Civil Rights Agenda", Margaret M. Russell

Faculty Publications

No abstract provided.

Go to article

African Americans And Property Ownership: Creating Our Own Meanings, Redefining Our Relationships, Margalynne J. Armstrong Jan 1994

African Americans And Property Ownership: Creating Our Own Meanings, Redefining Our Relationships, Margalynne J. Armstrong

Faculty Publications

No abstract provided.

Go to article

A Comparison Of Pedagogical Knowledge Structures Of Preservice Students And Teacher Educators In Two Institutions, Judith E. Rink, Karen E. French, Amelia M. Lee, Melinda A. Solomon, Susan K. Lynn Jan 1994

A Comparison Of Pedagogical Knowledge Structures Of Preservice Students And Teacher Educators In Two Institutions, Judith E. Rink, Karen E. French, Amelia M. Lee, Melinda A. Solomon, Susan K. Lynn

Faculty Publications

Understanding how the knowledge structures of preservice teachers develop as expertise is acquired would seem to be an important aspect of teacher preparation. The purpose of this study was to compare the pedagogical knowledge structures about effective teaching of preservice teachers and teacher educators in the professional preparation programs of two different institutions. Two groups of preservice teachers at two different points in their preparation program at each of the two institutions were asked to complete a concept map (Roehler et al., 1987) about effective teaching. One group completed the concept map just after the first teaching methods course, and …

Go to article

A Punitive Damages Overview: Functions, Problems And Reform, David G. Owen Jan 1994

A Punitive Damages Overview: Functions, Problems And Reform, David G. Owen

Faculty Publications

No abstract provided.

Go to article

Controls On The Sedimentary And Subsidence History Of An Active Plate Margin: An Example From The Tonga Arc (Southwest Pacific), P. D. Clift Jan 1994

Controls On The Sedimentary And Subsidence History Of An Active Plate Margin: An Example From The Tonga Arc (Southwest Pacific), P. D. Clift

Faculty Publications

Provides a record of the sedimentary evolution of the active margin of the Indo-Australian Plate from late Eocene time to the present. Facies analyses of the sediments, coupled with interpretations of downhole Formation MicroScanner logs, allow the complete sedimentary and subsidence history of each site to be reconstructed. The forearc region of the Tofua Arc (Site 841) can be seen to have experienced an initial period of tectonic subsidence dating from 3.5 Ma. Subsidence has probably been gradual since that time, with possible phases of accelerated subsidence, starting at 16.2 and 10.0 Ma. The Tonga Platform (Site 840) records only …

Go to article

The Human Remains From Carter-Ranch Pueblo,Arizona: Health In Isolation, Marie E. Danforth, Della Collins Cook, Stanley G. Knick Iii Jan 1994

The Human Remains From Carter-Ranch Pueblo,Arizona: Health In Isolation, Marie E. Danforth, Della Collins Cook, Stanley G. Knick Iii

Faculty Publications

Health patterns in the Pueblo III (A.D. 1100-1225) population from Carter Ranch Pueblo were investigated in skeletal remains from 34 individuals. Childhood health disruptions were assessed using stature, linear enamel hypoplasias, and Harris lines. Periostitis, arthritis, anemia, trauma, and dental pathology were also observed. Although the low juvenile representation is probably an effect of age-biased mortuary practices, results suggest a healthy population compared to larger southwestern sites. Trauma levels at the site are quite high, possibly indicating burial practices differentiated on the ability to work or other health criteria. Additionally, a number of genetic anomalies are present, suggesting an isolated …

Go to article

Alternative Penal Sanctions, Paul Marcus Jan 1994

Alternative Penal Sanctions, Paul Marcus

Faculty Publications

No abstract provided.

Go to article

Paying For The Deal: An Analysis Of Analysis Of Wire Transfer Law And International Financial Market Interest Groups, Raj Bhala Jan 1994

Paying For The Deal: An Analysis Of Analysis Of Wire Transfer Law And International Financial Market Interest Groups, Raj Bhala

Faculty Publications

No abstract provided.

Go to article

A Pragmatic Strategy For The Scope Of Sales Law, The Statute Of Frauds, And The Global Currency Bazaar, Raj Bhala Jan 1994

A Pragmatic Strategy For The Scope Of Sales Law, The Statute Of Frauds, And The Global Currency Bazaar, Raj Bhala

Faculty Publications

No abstract provided.

Go to article

Tao Of Jurisprudence: Chaos, Brain Science, Synchronicity, And The Law, Thomas Geu Jan 1994

Tao Of Jurisprudence: Chaos, Brain Science, Synchronicity, And The Law, Thomas Geu

Faculty Publications

No abstract provided.

Go to article

Polygraph Evidence: Part I, Paul C. Giannelli Jan 1994

Polygraph Evidence: Part I, Paul C. Giannelli

Faculty Publications

No abstract provided.

Go to article

United States Supreme Court: 1993-94 Term, Paul C. Giannelli Jan 1994

United States Supreme Court: 1993-94 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.

Go to article

The National Probate Court Standards: The Role Of The Courts In Guardianship And Conservatorship Proceedings, Paula Hannaford-Agor, Thomas L. Hafemeister Jan 1994

The National Probate Court Standards: The Role Of The Courts In Guardianship And Conservatorship Proceedings, Paula Hannaford-Agor, Thomas L. Hafemeister

Faculty Publications

In this article, Ms. Hannaford and Professor Hafemeister confront the issue of who will ensure that the needs of the growing elderly population are met. The authors provide a history and overview of guardianship proceedings and also provide, for the first time, a quantitative description of guardianship usage in the United States. The authors assert that guardianships and conservatorships remain effective ways to pro­tect the rights of the incompetent elderly person. Although these remedies create a legal right in the guardian to manage the financial and medical welfare of the elderly client, the authors argue that a lack of procedural …

Go to article

An Assessment Of Past Extramural Reforms Of The U.S. Courts Of Appeals, Thomas E. Baker Jan 1994

An Assessment Of Past Extramural Reforms Of The U.S. Courts Of Appeals, Thomas E. Baker

Faculty Publications

Professor Baker posits several radical changes to the structure of the federal appellate courts to ease the growing caseload. First, he suggests restricting the jurisdiction of the federal district courts. Second, Professor discusses the merits of using alternative dispute resolution. Next, he discusses the merits and pitfalls of expanding, dividing and even establishing a specialized appellate judiciary. Finally, he discusses improving federal legislation to ease the load on the federal appellate courts.

Go to article

How Reasonable Is The Reasonable Man?: Police And Excessive Force, Geoffrey P. Alpert, William C. Smith Jan 1994

How Reasonable Is The Reasonable Man?: Police And Excessive Force, Geoffrey P. Alpert, William C. Smith

Faculty Publications

The authority of the police to use force represents one of the most misunderstood powers granted to representatives of government. Police officers are authorized to use both psychological and physical force to apprehend criminals and solve crimes. This Article focuses on issues of physical force. After a brief introduction and a review of current legal issues in the use of force, the Article discusses "reasonableness" and the unrealistic expectation which is placed on police to understand, interpret, and follow vague "reasonableness" guidelines. Until the expectations and limitations on the use of force are clarified, in behavioral terms, police officers will …

Go to article

First Prev Next Last