Digital Commons Network^™

An Improved Choice: The Virginia Limited Liability Company, James J. Wheaton

Faculty Publications

When the General Assembly adopted the Virginia Limited Liability Company Act (the "Act")' in 1991, Virginia joined just four other states in recognizing the potential of a relatively obscure business entity, the limited liability company ("LLC"). The LLC concept has spread rapidly since the adoption of the Virginia Act early last year. Three other states enacted LLC legislation in 1991, and in just the first few months of 1992, six more states followed the trend.

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Although the number of LLCs formed in Virginia since the Virginia Act took effect last July displays the willingness of Virginia attorneys to recommend …

Liquidity Costs And Stock Price Response To Convertible Security Calls, Michael A. Mazzeo, William T. Moore

Faculty Publications

Firms' announcements to call in-the-money convertible securities for redemption essentially force their conversion into common stock, and such announcements are generally met with significant reductions in the calling firms' equity values. An explanation based on liquidity costs is advanced and tested. The explanation implies that investors who choose to sell their shares early in the conversion period bear liquidity costs by selling at reduced prices. Consistent with the explanation, the average share price decline is short-lived, lasting most of the conversion period. Thus, a component of the call announcement effect appears to be due to liquidity costs.

Multiplication, Division, And Shift Instructions In Parallel Random Access Machines, Jerry L. Trahan, Michael C. Loui, Vijaya Ramachandran

Faculty Publications

We prove that polynomial time on a parallel random access machine (PRAM) with unit-cost multiplication and division or on a PRAM with unit-cost shifts is equivalent to polynomial space on a Turing machine (PSPACE). This extends the result that polynomial time on a basic PRAM is equivalent to PSPACE to hold when the PRAM is allowed multiplication or division or unrestricted shifts. It also extends to the PRAM the results that polynomial time on a random access machine (RAM) with multiplication is equivalent to PSPACE and that polynomial time on a RAM with shifts (that is, a vector machine) is …

Ideology, Status, And The Differential Success Of Direct Parties Before The Supreme Court, Reginald S. Sheehan, William Mishler, Donald R. Songer

Faculty Publications

A substantial literature on lower federal courts and state courts suggests that the "haves" usually come out ahead in litigation because they possess superior resources for it and they reap advantages from their repeat player status. We investigate the success of 10 categories of litigants before the Warren, Burger, and Rehnquist Courts to determine whether the resources or experience of litigants has effects on Supreme Court outcomes paralleling those found in the courts below. While different categories of litigants are found to have very different rates of success, those differences do not consistently favor litigants with greater resources. A time …

An Attributional Analysis Of Resistance To Group Pressure Regarding Illicit Drug And Alcohol Consumption, Randall L. Rose, William O. Bearden, Jesse E. Teel

Faculty Publications

This article investigates the role of attributional thinking in generating resistance to pressures toward conformity in the illicit consumption of drugs and alcohol. The results of four studies regarding how conformity influences illicit drug and alcohol consumption among high school and college students are reported. In study 1 more than two-thirds of the respondents reported concern for the implications of their own dissent or compliance regarding the reactions of their peers. Study 2 demonstrated a significant relationship between high school students' attributional thinking concerning a peer group's illicit beer consumption and conformity, expressed as intentions to drink the beer. In …

Viscoelastic Properties Of A Liquid-Crystalline Monomer And Its Dimer, Gregory A. Dilisi, Charles Rosenblatt, Anselm C. Griffin, Uma Hari

Faculty Publications

Quasielastic-light-scattering measurements are reported for a dialkoxyphenylbenzoate monomer and its dimer in their respective nematic phases. The splay and twist elastic moduli of the dimer are found to be nearly independent of molecular length. The dimer's bend modulus, however, shows an anomalous increase with decreasing temperature well below the nematic-isotropic phase transition. Monomer viscosities are consistent with typical literature values, although γ₁/η_splay and η_bend seem to be larger than expected for the dimer, where γ₁ is the twist viscosity. The results are discussed in terms of viscoelastic properties of semiflexible rods. The elastic properties in …

The Fault Pit, David G. Owen

Faculty Publications

No abstract provided.

The Public Performance Right In Libraries: Is There Anything Fair About It?, James S. Heller

Faculty Publications

Two sections of the Copyright Act of 1976 permit public performances in libraries under certain circumstances. Professor Heller explains the public performance right in the context of both owners and users of copyrighted works, and proposes a fair use standard that could provide much needed guidance on the use of copyrighted videocassettes in libraries.

Moral Rules And Exceptions, Miroslav Kis

Faculty Publications

No abstract provided.

Theologia Crucis And The Forensically Fraught World: Engaging Helmut Peukert And Jürgen Habermas, Gary M. Simpson

Faculty Publications

No abstract provided.

Sbi Intervention: An Old Problem- A New Perspective, William T. Jackson, George S. Vozikis, Emin Babakus

Faculty Publications

This research effort attempted to determine if SB/ intervention would change the perception of business problems by not only the business owner but also the student consultants. This focus further to encompassed firms that could be classified in either Stage I or Stage II of development. Even though there were no changes in perception by student consultants, and mixed results of whether stage development affected perceptual differences, strong support was given to the proposition that owners, overall, did change their perception of existing problems after SBI intervention.

Estimating Hardwood Sawmill Conversion Efficiency Based On Sawing Machine And Log Characteristics, Michael W. Wade, Steven H. Bullard, Philip Steele, Philip A. Araman

Faculty Publications

Increased problems of hardwood timber availability have caused many sawmiller, industry analysts, and planners to recognize the importance of sawmill conversion efficiency. Conversion efficiency not only affects sawmill profits, but is also important on a much broader level. Timber supply issues have caused resource planners and policy makers to consider the effects of conversion efficiency on the utilization and depletion of the timber resource. Improvements in sawmill conversion efficiency would favorably impact sawmill profits, and would be equivalent in effect to extending existing supplies of standing timber. An equation was developed to estimate lumber recovery factor for hardwood sawmills based …

Stable Isotope Analysis Using Tunable Diode Laser Spectroscopy, Todd B. Sauke, J. F. Becker, M. Loewenstein

Faculty Publications

Measurements of ratios of stable isotopes are used in such diverse fields as petroleum prospecting, medical diagnostics, and planetary exploration. The narrow emission linewidth available from tunable diode lasers permits high-resolution infrared absorption measurements of closely spaced isotopic rovibrational lines. Our dual beam spectrometer uses the sweep integration technique in a spectral region where adjacent spectral lines are of approximately equal absorbance at the expected isotopic abundances. The experimental results reported here indicate that isotopic ratios of carbon in carbon dioxide can be measured to an accuracy of better than 0.4%. This laser spectroscopic spectrometric technique offers an alternative to …

The Church Growth Movement: A Wesleyan Critique, Alan G. Padgett

Faculty Publications

No abstract provided.

A Legislative History Of The Creation Of The Eleventh Circuit, Thomas E. Baker

Faculty Publications

No abstract provided.

Unequal Error Protection Qpsk Modulation Codes, Robert H. Morelos-Zaragoza, Shu Lin

Faculty Publications

The authors use binary linear UEP (LUEP) codes, in combination with a QPSK signal set and Gray mapping, to obtain new efficient block QPSK modulation codes with unequal minimum squared Euclidean distances. They give several examples of codes that have the same minimum squared Euclidean distance as the best QPSK modulation codes of the same rate and length. A new suboptimal two-stage soft-decision decoding is applied to LUEP QPSK modulation codes.

Relative Kerf And Sawing Variation Values For Some Hardwood Sawing Machines, Philip Steele, Michael W. Wade, Steven H. Bullard, Philip A. Araman

Faculty Publications

Information on the conversion efficiency of sawing machines is important to those involved in the management, maintenance, and design of sawmills. Little information on the conversion characteristics of hardwood sawing machines has been available. This study, based on 266 studies of 6 machine types, provides an analysis of the machine characteristics of kerf width, within-board, between-board, and total sawing variations and wood loss per sawline. Machine conversion efficiency was found to be explained by feedworks and setworks type, and sawblade thickness and type. This analysis of machine characteristics provides information for a rational choice of sawing machines for hardwood sawmills.

Beyond Guardianship Reform: A Reevaluation Of Autonomy And Beneficence For A System Of Principled Decision-Making In Long Term Care, Alison Patrucco Barnes

Faculty Publications

No abstract provided.

Does The Imposition Of Pension Plan Withdrawal Liability On An Employer Constitute A Taking Of Property Without Due Process?, Jay E. Grenig

Faculty Publications

No abstract provided.

Can Filing An Appellate Brief Satisfy The Federal Rules For Filing A Notice Of Appeal?, Jay Grenig

Faculty Publications

No abstract provided.

Turning Online Time Into Quality Time: Searching Ohio Case Law On Lexis And Westlaw, Randy J. Diamond

Faculty Publications

This article discusses some of the lesser known complexities of LEXIS and WESTLAW and the necessity for evaluating these systems critically. Sample searches highlight the major differences between WESTLAW's and LEXIS's search protocols. Comparable features of each system are examined to show how users can improve the quality of their search results and to warn of unintended consequences when users misapply them. Strategies for formulating searches that retrieve relevant cases and prevent the exclusion of potentially relevant cases are considered, along with the economics of online searching. Although the searches presented are limited to Ohio case law, they are adaptable …

Wife Abuse And The Political System: A Middle Eastern Case Study, Mary E. Hegland

Faculty Publications

Although wife abuse is common in Iran, it is a subject which has received almost no attention from scholars and little has been written on it. The purpose of this article is to examine the problem, to show the connection between wife-beating and the Iranian political system, and to raise questions for further research. The data on which this analysis is based come from my own research as well as from published sources. The two case histories of wife abuse presented exemplify social process in a political system characterized by arbitrariness and the need to dominate. The degree to which …

Understanding Responses To Hearsay: An Extension Of The Comparative Analysis, Dale A. Nance

Faculty Publications

Response to Professor Damaska's presentation at the Hearsay Reform Conference, Minneapolis, Minnesota, 1992.

Causal Comparisons, Robert N. Strassfeld

Faculty Publications

Focusing on the multiple meanings of the statement "A was a more important cause of C than was B," Professor Strassfeld considers the feasibility of comparative causation as a means of apportioning legal responsibility for harms He concludes that by combining two different interpretations of "more important cause"--judgments of comparative counterfactual similarity and the Uniform Comparative Fault Act approach of comparative responsibility-we can effectively make causal comparisons and avoid the effort to compare such incommensurables as the defendant's fault under a strict liability standard and the plain- tiff's fault for failure to exercise reasonable care

Rethinking Attorney Conflict Of Interest Doctrine, Kevin C. Mcmunigal

Faculty Publications

This article focuses on conflict of interest doctrine dealing with concur- rent conflict of interest issues. Its thesis is that a primary source of confusion in conflict of interest doctrine is its failure to clearly articulate and answer the central questions which lie at the heart of the subject. In essence it argues that to remedy this confusion we need to rethink attorney conflict of interest doctrine so that it focuses more clearly on articulating and answering these central questions.

If . . .: Counterfactuals In The Law, Robert N. Strassfeld

Faculty Publications

This Article considers some of the uses of counterfactuals in the law. Counterfactuals are a type of conditional statement. Conditional statements express the idea that something is or will be the case (the consequent), provided that some other situation is realized (the antecedent). Conditionals often take the form "if p then q", Counterfactuals are conditionals in which the author expresses the knowledge or belief that the antecedent is false.

Intrusion And The Investigative Reporter, Lyrissa Lidsky

Faculty Publications

Although sometimes reviled as muckrakers, investigative reporters play a valuable role in exposing societal ills and advancing reform. The success of investigative journalism is due, at least in part, to its use of novel newsgathering techniques. Yet some of these same techniques pose a threat to individual privacy. Current tort doctrine strikes an unsatisfactory balance between these competing interests. The qualified common-law privilege advocated by this Note, in contrast, would protect those newsgathering activities that promote the public welfare. Equally significantly, by sending a clear message to editors, media lawyers, and reporters about the scope of protected newsgathering activity, it …

Two-Step Polymerase Chain Reactions And Restriction Endonuclease Analyses Detect And Differentiate Ompa Dna Of Chlamydia Spp., B. Kaltenboeck, K. G. Kousoulas, J. Storz

Faculty Publications

Specific and sensitive amplification of major outer membrane protein (MOMP) gene (ompA) DNA sequences of Chlamydia species with various MOMP genotypes was achieved by a two-step polymerase chain reaction (PCR). Degenerate, inosine-containing oligonucleotide primers homologous to the 5' and 3' ends of the translated regions of all chlamydial MOMP genes were used in a PCR to amplify a DNA fragment of approximately 1,120 bp. A portion of this DNA fragment was amplified in a second genus-specific reaction that yielded a DNA fragment of approximately 930 bp. A pair of degenerate oligonucleotide primers homologous to internal sequences of the primary DNA …

Litigation As A Predatory Practice, Gary Myers

Faculty Publications

This article reviews and evaluates the sham litigation case law, finding that many courts have allowed immunity too readily or on inappropriate grounds. It attempts to develop comprehensive standards for antitrust claims based on sham litigation.

The Legal Profession, Legal Education, And Change, Robert H. Jerry Ii

Faculty Publications

The accounts of how the legal profession has changed in recent years are as abundant as the changes themselves. The common message is clear: the magnitude of change is immense, and the pace is unprecedented.