Digital Commons Network^™

Interaction Effects Among Two-Dimensional Electrons And Holes, S. Washburn, Richard A. Webb, E. E. Mendez, L. L. Chang, L. Esaki

Faculty Publications

We report large logarithmic corrections to the conductivity of two-dimensional electrons and holes in GaSb-InAs-GaSb double heterostructures. From ∼ 40 mK to 1 K, the conductivity increased with the logarithm of the temperature but with a slope as much as 30 times larger than estimated from the theories of weak localization and carrier interaction. The discrepancy apparently results from electron-hole interactions not included in the theory.

Hume And His Critics: Reid And Kames, Noel B. Reynolds

Faculty Publications

This presentation was in response to Kenneth MacKinnon’s defense of Thomas Reid’s preference for natural virtue against David Hume’s conventionalism in his theory of law. It is argued that because Hume’s legal theory follows easily from his theory of human nature, Reid and Kames—and MacKinnon—need to refute Hume at that level to be successful in their rejection of his conventionalism.

Morality And The Rule Of Law, Noel B. Reynolds

Faculty Publications

This paper lays out the logic of a conservative view of liberty and morality based on an understanding of human nature as both social and rational on the one hand, and radically individual and self-seeking on the other. Without public virtue, a people cannot govern itself as a free people. But neither virtue nor moral truth can be legislated. The rule of law under constitutionalism is the most successful human arrangement for providing freedom and allowing moral action on the part of individuals.

The Entrapment Defense And Procedural Issues: Burden Of Proof, Questions Of Law And Fact, Inconsistent Defenses, Paul Marcus

Faculty Publications

Paul Marcus has produced an extremely thorough article on the intriguing and complex defense of entrapment. After analyzing the subjective and objective approaches to the defense, the author turns to the infrequently addressed question of evidence on predisposition. Included here are the recent ABSCAM cases.

Finally, the author explores the vagaries of inconsistent defenses and, on the whole, provides academics and practitioners with a refreshing and useful guide to some of the most important questions involving entrapment.

Liberal Political Theory And The Rule Of Law, Noel B. Reynolds

Faculty Publications

The efforts of liberal political theorists like John Rawls and Ronald Dworkin to identify principles and rights based on moral truth as authoritative bases for law and politics ignore the insight of Hume and other conservative theorists that the moral possibilities of human nature generally are limited and are in turn limiting on what can be accomplished, from a moral point of view, through law and politics.

A Historical Essay On The Conservation Provisions Of The 1985 Farm Bill: Sodbustin, Swampbusting, And The Conservation Reserve, Linda A. Malone

Faculty Publications

No abstract provided.

Capital Gains Exception To The House's "General Utilities" Repeal: Further Indigestions From Overly Processed "Corn Products", John W. Lee

Faculty Publications

In this article, Lee first describes the mechanics and tax effects of cost basis corporate acquisitions and analyzes why current tax rules favor such acquisitions over carryover basis acquisition (e .g., tax-free mergers); then he describes the House's proposed repeal in HR 3838 of the General Utilities doctrine in current sections 336-338, focusing on the continued exemption for long-term capital gains of a closely held active business corporation. This sets the stage for analysis of the Corn Products doctrine, which under an "integral asset" reading would deny the exemption to most appreciated operating assets, surely not the intent of the …

Preemption Of State Law Notice Provisions Governing The Recovery Of Attorneys' Fees By Section 506(B) Of The Bankruptcy Code, R. Wilson Freyermuth

Faculty Publications

This note provides a framework for courts and attorneys faced with the issue whether section 506(b) preempts state law notice provisions. The note studies the language and legislative history of section 506(b), pointing out the inconsistencies and ambiguities that make it difficult to determine congressional intent. The note then surveys the various rationales advanced by the lower courts in resolving this issue. Using the recent Fourth Circuit case of Unsecured Creditors' Committee v. Walter E. Heller & Co. to illustrate several of these rationales, the note suggests that a more consistent approach to this issue is needed. After examining the …

Indonesia In 1985: Chills And Thaws, Donald E. Weatherbee

Faculty Publications

No abstract provided.

Direct Observation Of Ensemble Averaging Of The Aharonov-Bohm Effect In Normal-Metal Loops, C. P. Umbach, C. Van Haesendonck, R. B. Laibowitz, S. Washburn, Richard A. Webb

Faculty Publications

Aharonov-Bohm magnetoconductance oscillations have been measured in series arrays of 1, 3, 10, and 30 submicron-diameter Ag loops. At constant temperature, the amplitude of the h/e oscillations is observed to decrease as the square root of number of loops, while the amplitude of h/2e conductance oscillations, measured in the same samples, is independent of the number of series loops. This is direct confirmation of the ensemble averaging properties of h/e oscillations in multiloop systems. The amplitude of the h/e oscillations is in good agreement with recent calculations.

Literary Books Make The Difference In Teaching The Esl Student, Mary Appleberry, Elvia Ana Rodriguez

Faculty Publications

Eager, bright eyed children gather close around the teacher's chair, where she holds several enticing books. In this multiethnic class she makes very sure that Juanita, Pablo, and Kim, who know little English, are seated close to her where they can point to pictures and hear her words clearly. The teacher begins with The Very Hungry Caterpillar, the children giggling as he eats his way through "One red apple", "Two yellow pears", etc. While the story is reread the children join in chorus as different pupils point to the pictures. The teacher continues with Teddy Bears One to Ten, Ape …

Sweatt V. Painter, The End Of Segregation, And The Transformation Of Education Law, Jonathan L. Entin

Faculty Publications

This Article will analyze these aspects of the Sweatt case. Part I describes the facts leading to the litigation. Part II examines the Supreme Court precedents facing Sweatt's attorneys, both in the area of school segregation and in the field of education generally. This section concludes that the Court at best seemed pre- pared only to enforce the Plessy doctrine, and none too rigorously at that. Part III focuses upon the process of making the record at the trial. This section demonstrates how Sweatt's counsel took advantage of ambiguities in the prior cases to lead the Curt to address the …

Thinking About Federal Jurisdiction — Of Serpents And Swallows, Thomas E. Baker

Faculty Publications

In this essay, Professor Baker assumes that the decision to get into or stay in federal court has been made, for whatever reason. His concentration is focused on providing a checklist of some of the typical challenges to jurisdiction and to highlight some uncommon responses. Organizationally, he first considers general issues which apply to all cases, and then considers separately some issues in diversity cases and in federal question cases.

It Pays To Know How Your Timber Will Be Valued, William F. Watson, Steven H. Bullard, Thomas J. Straka

Faculty Publications

You as a forest farmer can usually realize income from your timber investment in two ways. You can rent timberland for nontimber uses (usually hunting) , or you can lease or sell your interest in the timber. In most cases, greater returns result from selling timber outright.

Effects Of Inflation And After-Tax Present Values Where Business Costs Are Capitalized, Steven H. Bullard, W. David Kempere

Faculty Publications

Business investments often span periods of time with significant inflation. If taxes are not considered, inflation can be ignored in computing the present value of future net income. Inflation should not be ignored, however, in after-tax analyses of rates of return or net present values of potential investments. Inflation affects the present value of business costs which are capitalized for tax purposes, and the influence must be considered for present value calculations to be accurate. After-tax analyses must include the tax savings which result from being able to deduct business-related costs from taxable income. Costs which are expensed, of course, …

Role Of Company Sales In Funding Research And Development By Major U.S. Paper Companies, Steven H. Bullard, Thomas J. Straka

Faculty Publications

Forestry research is conducted by state and federal agencies and by many private firms. Studies of research productivity and efficiency are increasingly common in forestry, due to the greater scale of research activity, and increasing competition for both public and private funds. Research evaluations rely on accurate measures of research inputs and outputs. This article presents an equation to predict research inputs for five major firms in the U.S. pulp and paper industry. Pulp and paper research by major U.S. companies is very closely related to corporate sales each year. The relationship empirically supports important assumptions that have been used …

Wilderness And Natural Areas In The Eastern United States: A Management Challenge, David Kulhavy, Richard N. Conner

Faculty Publications

"The purpose of this symposium is not to debate either the concept of wilderness or the amount of wilderness appropriate for the United States. These are not debatable issues for present purposes. The Congress has spoken twice. The Wilderness Act of 1964 (PL 88-577) and the amendments of 1975, known as the "Eastern Wilderness Act" (PL 93-622), both set-aside existing areas as wilderness and established procedures for consideration of additions to the wilderness system. The purpose of this symposium is to consider the management of wilderness areas over time. In a very real sense, if those areas established as wilderness …

Principles Of Contract Interpretation: Interpreting Collective Bargaining Agreements, Jay E. Grenig

Faculty Publications

No abstract provided.

1985 Survey Of Trends And Developments On Religious Liberty In The Courts, Carl H. Esbeck

Faculty Publications

The purpose of this survey is to note important caselaw developments in the state and lower federal courts concerning religious liberty during 1985. Purposely omitted are the widely reported United State Supreme Court opinions, as well as cases where the high court has granted review during its 1985-86 term. The focus here is to collect significant cases that may otherwise escape broad attention. Only the facts and rationale of each court's decision is recorded. No editorial comment on the merits of these cases is intended.

Dual Class Capitalization: A Reply To Professor Seligman, George W. Dent

Faculty Publications

Professor Joel Seligman's article, Equal Protection in Share- holder Voting Rights: The One Common Share, One Vote Contro- versy,' is an impressive accomplishment in many respects. It confirms his status as premier historian of our securities laws and markets.2 It also provides a powerful analysis of, and the first se- rious argument against, dual class capitalization, and proposes a thoughtful solution to the problems it raises. Despite these formi- dable assets, some of Professor Seligman's conclusions are debata- ble. First, Professor Seligman argues that the Securities and Exchange Commission (SEC) can impose on the National Associa- tion of Securities Dealers …

A Comment On The Supposed Paradoxes Of A Mathematical Interpretation Of The Logic Of Trials, Dale A. Nance

Faculty Publications

This symposium has renewed discussion of the apparent paradox of at- tempting to apply mathematical probabilities to the logic of trials. Brought to academic attention by the stimulating work of L. Jonathan Cohen,' the debate reflects a more general controversy over the virtues of quantifying legal decisionmaking. In this brief comment I do not intend to take sides either in this debate or in the more general controversy. I want only to draw attention to a weakness in the legal interpretations which underlie much of the debate.

Second Languages: A Cross-Linguistic Perspective, B Kumaravadivelu

Faculty Publications

No abstract provided.

Seasonal Variation In The Total Volume Of Leydig Cells In Stallions Is Explained By Variation In Cell Number Rather Than Cell Size., L. Johnson, D. L. Thompson

Faculty Publications

Stereological methods were employed in two studies with stallions 1) to determine if seasonal variation in the total volume of Leydig cells is a function of cell number or cell size and 2) to characterize the annual cycle of the Leydig cell population. In the first study, numbers of Leydig cells were calculated for 28 adult (4-20 yr) stallions in the breeding or nonbreeding seasons from nuclear volume density (percentage of the decapsulated testicular volume), parenchymal volume (decapsulated testicular volume), and the volume of individual Leydig cell nuclei. The average volume of the individual Leydig cells was calculated as the …

Congressional Standing To Sue: Whose Vote Is This, Anyway?, R. Lawrence Dessem

Faculty Publications

The article is divided into three major sections. Section I traces the development of a separate doctrine of “congressional standing.” It examines the doctrine's development from the Supreme Court's initial consideration of legislative standing through the current opinions of the United States Court of Appeals for the District of Columbia Circuit. Section II then analyzes three possible theories of congressional injury and standing. Derivative, representative, and third-party standing theories are all rejected as a basis for congressional standing. While rejecting the suggestion that congressmen possess a personal interest in “their” votes sufficient to constitute the “distinct and palpable injury” required …

Five Views Of Church-State Relations In Contemporary American Thought, Carl H. Esbeck

Faculty Publications

Views concerning the appropriate relationship between church and state are rapidly becoming almost as numerous as America's religious sects. The Constitution's treatment of religious liberty, thought by many to be a matter long settled, has now erupted into a many-sided debate. Not only lawyers, judges and legal commentators are involved; historians and sociologists, theologians and ecclesiastics, political theorists and statesmen also participate in the debate. It is part of a much larger struggle over a redefinition, or for some a reclamation, of the role of religion in American public life. At times this debate focuses on discrete environments, such as …

Factors Related To Blood Pressure In A Biracial Adolescent Female Population, M. Liebman, L. F. Chopin, E. Carter, A. J. Clark, G. W. Disney, M. Hegsted, M. A. Kenney, Z. A. Kirmani, K. L. Koonce, M. K. Korslund

Faculty Publications

Blood pressure levels, anthropometric parameters, and dietary intakes were assessed in 1981 and 1983 in a population of black (n = 236) and white (n = 296) adolescent girls, aged 14 and 16 years in 1983. The 14-year-old black girls exhibited significantly higher mean systolic and diastolic blood pressures than whites in both years. Body weight and Quetelet index were more strongly associated with blood pressure than were height and triceps skinfold thickness. Correcting blood pressures for weight, Quetelet index, 2-year changes in height, and age at menarche decreased in each case (but did not negate) the observed race differences …

Surface Effects On The Diamagnetic Susceptibility And Other Properties Of A Low-Temperature Electron Gas, Lipo Wang, R. F. Oconnell

Faculty Publications

A general formulation is developed for determining the free energy of a Fermi gas contained in an arbitrary smooth external potential barrier and in a weak magnetic field, in the low-temperature limit. The Wigner phase-space formalism of quantum mechanics is used as a calculational tool. Explicit formulas are given, which enable one to compute surface and temperature effects on various physical properties (susceptibility, specific heat, etc.) of the system. Some simple examples are constructed for the diamagnetic-susceptibility calculation, which show that the corrections depend on the form of the surface potential barrier and the size of the material, but, in …

Internal Control Evaluation: A Computational Model Of The Review Process, Rayman D. Meservy, Andrew D. Bailey Jr, Paul E. Johnson

Faculty Publications

This study investigated the strategies by which experienced auditors evaluate systems of internal accounting controls. The research method included: (1) observations, using concurrent protocols, of a small sample of practicing auditors performing the internal control evaluation task; (2) extensive interviews with one of the practicing auditors; (3) formalization of auditor processes as a computational model; and (4) validation of the model. The simulation model was Im· plemented as an expert system and tuned to one auditor. The model output consists of a trace of the model processing including: (1) rec• ommendatlons for specific controls to be compliance tested; and (2) …

Auditing, Artificial Intelligence And Expert Systems, Andrew D. Bailey, Rayman D. Meservy, Gordon L. Duke, Paul E. Johnson, William Thompson

Faculty Publications

This paper will provide the reader with an introduction to the field of financial auditing and the applicability of Decision Support Systems (DSS), Artificial Intelligence (AI), and Expert Systems (ES) to that field of endeavor. The paper will also discuss a continuing research project concerning the application of DSS/AI/ES techniques to the evaluation of internal accounting controls. The reader will find that the evaluation of internal accounting controls is a critical step in every financial audit and that it is an area in which the auditor exhibits substantial expertise. It is thus an area of work particularly suited to the …

California's Foreclosure Statutes: Some Proposals For Reform, Cynthia Mertens

Faculty Publications

Spurred by the harsh economics of the Great Depression, California enacted several statutes designed to protect pledgors of real property from unfair and often ruinous deficiency judgments. This legislation includes Code of Civil Procedure sections 580a,the fair value section, 580b,the purchase-money anti-deficiency statute, 580d; the nonjudicial foreclosure anti-deficiency statute, and 726, the "one-action" rule. Three decades of judicial interpretation, however, have created a body of case law which fails to advance the legislative purposes upon which the courts purportedly base their decisions.

The time has come for California to substantially revise its Depression-era anti-deficiency legislation in order to express and …