Digital Commons Network^™

Medieval World View In Modern Jargon [Review Of Entropy: A New World View By Jeremy Rifkin], Jeffrey Rogers Hummel

Faculty Publications

No abstract provided.

Archeological Resource Preservation: The Role Of State And Local Government, Ronald H. Rosenberg

Faculty Publications

No abstract provided.

Macroscopic Quantum Tunneling In 1-Μm Nb Josephson Junctions, Richard F. Voss, Richard A. Webb

Faculty Publications

The probability distributions for switching out of the superconducting state of low-cur-rent-density 1-μm Nb Josephson junctions with capacitance ≈ 0.1 pF have been measured as a function of temperature T down to 3 mK. Below 100 mK the distribution widths become independent of T. The results are in excellent agreement with predictions for the quantum tunneling of the (macroscopic) junction phase that include the reduction of tunneling rates due to dissipation.

Agencies, Functions And Actions: The Conceptual Quagmire In Regulatory Policy Theory And Practice, Melvin J. Dubnick

Faculty Publications

This paper examines the conceptual confusion at the heart of regulatory policy theory and practice, particularly around the definitions and relationships among regulatory agencies, their functions, and their actions. The paper argues that this “conceptual quagmire” — the lack of clear, consistent definitions — undermines both theoretical understanding and practical reform efforts in regulatory policy. The paper was presented at a symposium focused on the impact of regulatory policy.

Physical And Financial Abuse Of The Elderly, George J. Alexander, United States House Of Representatives, Select Committee On Aging

Faculty Publications

No abstract provided.

Multiple Scattering Of Protons And Deuterons By Thick Foils, D. R. Dixon, G. L. Jensen, S. M. Morrill, C. J. Connors, R. L. Walter, C. R. Gould, P. M. Thambiduria

Faculty Publications

Protons and deuterons from the Triangle Universities Nuclear Laboratory (TUNL) tandem Van de Graaff of energies 3.0, 4.0, and 5.0 MeV were scattered from foils of Al, Ni, Mo, and Ta having thicknesses of 6.14 to 47 mg/cm2. Multiple scattering angular distributions were measured using a position-sensitive detector to collect data at nine different angles simultaneously. Gaussian curves were fitted to the central points of the distributions and the Θ1/e angles thus derived are presented graphically. The data points are compared with calculations using a common method of determining multiple scattering angles. An empirical correction for extending this method into …

North Haven And Dougherty: Narrowing The Scope Of Title Ix, Rosemary C. Salomone

Faculty Publications

(Excerpt)

Since 1975 when the former Department of Health, Education and Welfare (hereinafter referred to as HEW) initially promulgated regulations pursuant to Title IX of the Education Amendments of 1972 (hereinafter referred to as Title IX), four Courts of Appeals and numerous District Courts have declared invalid the Title IX regulations governing the employment practices and policies of educational institutions. In an attempt to avoid administrative chaos resulting from enforcement inconsistencies, the Justice Department petitioned the Supreme Court to review the decisions of the First, Sixth and Eighth Circuits. This petition was denied on November 26, 1979, thereby letting the …

Proton Induced X-Ray Emission Analysis - A Complement To Analytical Methods Used In Environmental Studies, N. F. Mangelson, D. J. Eatough, N. L. Eatough, L. D. Hansen, M. W. Hill, M. L. Lee, L. R. Phillips, M. E. Post, B. E. Richter, J. F. Ryder

Faculty Publications

Particle induced X-ray emission (PIXE) analysis is a highly versatile method of element analysis. Thus it is well suited for use as a complement to other methods of analysis in experimental programs requiring both chemical and elemental analyses. This paper reports some results of two projects where PIXE was used in conjunction with titration calorimetry, ion chromatography, atomic absorption spectroscopy, gas chromatography/mass spectrometry, X-ray fluorescence spectroscopy and some other methods. The first is a study of sulfur chemistry in a copper smelter plume. Arsenic was found to be a conservative tracer of the plume and was used for calculation of …

Effect Of Backup Roll Length And Roll Neck Length On Profile For 4-H Mills, T. Ohto, Guna S. Selvaduray

Faculty Publications

No abstract provided.

The Competitive Advantages Explanation For Interbrand Restraints: An Antitrust Analysis, Peter M. Gerhart

Faculty Publications

This article argues that antitrust doctrine concerning intrabrand restrictions is unsatisfactory because the economic theory of intrabrand restrictions has been only partially developed and articulated. An unfilled and largely unacknowledged analytical gap exists between the view that intrabrand restraints are generally anticompetitive and the view that intrabrand restraints are generally efficiency-producing. That gap is the failure to explore how a manufacturer benefits from intrabrand restraints other than by increasing the profitability of his dealers. This article attempts to fill that gap by drawing on the theory of imperfect competition to explain why manufacturers find it profitable to restrict intrabrand competition …

Developments In Patent Law, Ramon A. Klitzke

Faculty Publications

No abstract provided.

Products Liability--An Analysis Of Market Share Liability, David A. Fischer

Faculty Publications

In Sindell v. Abbott Laboratories the Supreme Court of California created the market share liability theory of recovery for products liability cases. The innovative Sindell theory, which applies to certain products liability cases in which causation is either questionable or difficult to prove, departed significantly from the traditional tort principles of causation and liability. The theory allows plaintiffs to recover damages for their injuries, but it discounts the defendant's liability by the probability that it did not cause the harm.

The Ohio Rules Of Evidence: Part Iii, Paul C. Giannelli

Faculty Publications

No abstract provided.

The Ohio Rules Of Evidence: Part V, Paul C. Giannelli

Faculty Publications

No abstract provided.

The Power Of Directors To Terminate Shareholder Litigation: The Death Of The Derivative Suit?, George W. Dent

Faculty Publications

This article will analyze the problems raised by the board's attempt to terminate shareholder suits and will advance proposals to deal with those problems.

Selective Antagonism Of The Error‐Increasing Effect Of Morphine By Naloxone In A Repeated‐Acquisition Task, Donald M. Thompson, Joseph M. Moerschbaecher

Faculty Publications

Pigeons acquired a different four‐response chain each session by responding sequentially on three keys in the presence of four colors. The response chain was maintained by food presentation under a fixed‐ratio schedule. Errors produced a brief timeout but did not reset the chain. When either morphine or naloxone was administered alone, the overall response rate decreased with increasing doses. The rate‐decreasing effect was accompanied by an increase in percent errors with morphine but not with naloxone. Both effects of morphine were antagonized by doses of naloxone that were ineffective when given alone. The antagonism was selective in that naloxone (3 …

Writing From A Legal Perspective By George D. Gopen, Douglas E. Abrams, Jay Wishingrad

Faculty Publications

Criticism of legal writing has come with increasing frequency and stridency in recent years from lawyers and nonlawyers alike. Judges have criticized the writing of advocates, and lawyers have complained about the writing of judges and other lawyers. Law professors have bemoaned both their students' inability to write the King's English5 *1062 and their own tendency to write ‘unintelligible gibberish.’ And all law school graduates have been pilloried by a general public that has grown increasingly resentful of the unnecessary complexity of ‘legalese.

State Regulation Of Social Services Ministries Of Religious Organizations, Carl H. Esbeck

Faculty Publications

Religiously motivated civil disobedience in the area of social and human services ministries of religious organizations has become increasingly widespread. With growing governmental involvement in the lives of citizens and moves by federal and state agencies to narrowly confine and define religious activities, it comes as no surprise that conflict over the proper role of the state has crept as well into the arena of social and human services conducted from religious motivation. The current litigation and legislation is principally focused on state regulation by certification or licensing requirements that are expanding from health, fire, and safety concerns into the …

Partnership Taxation: A Deceased Partner's Final Year, Michelle A. Cecil

Faculty Publications

One significant and unresolved partnership taxation problem is the taxation of a deceased partner's final year. In a recent case of first impression, Estate of Hesse v. Commissioner, the Tax Court held that the widow of a deceased partner could not include his share of partnership losses incurred during the year of his death on their final joint income tax return. Consequently, the widow lost thousands of dollars in tax refunds because the loss deductions could not offset prior taxable income. The Tax Court believed the result was illogical and unfair, but nevertheless found that the Code required the decedent's …

Improved Mortality Among U.S. Blacks, 1968-1978: The Role Of Antiracist Struggle, R. Cooper, M. Steinhauer, A. Schatzkin, W. Miller

Faculty Publications

A marked improvement in health status for black adults took place over the last decade in the United States. Life expectancy for black men increased 4.6 years between 1968 and 1978, while for black women the increase was 5.7 years. Death rates for the age group 35-74 decreased approximately 25 percent for blacks over the same period. The largest contribution to this improvement was made by cardiovascular diseases (coronary heart disease and stroke). Although similar improvement was observed in the white population, on both a percentage and absolute basis the change was greater for blacks. For the first time in …

Schucking Off The Rights Of The Aged: Congressional Ambivalence And The Exceptions To The Age Discrimination Act Of 1975, George J. Alexander

Faculty Publications

No abstract provided.

Naturalistic Ethics In A Chinese Context: Chang Tsai's Contribution, Christian Jochim

Faculty Publications

No abstract provided.

The Ohio Rules Of Evidence: Part Iv, Paul C. Giannelli

Faculty Publications

No abstract provided.

Channel Instability In A Braided Sand Bed River, William L. Graf

Faculty Publications

The Gila River of central Arizona is representative of braided, sand bed rivers in alluvial valleys that have inherent unstable behavior and destructive channel migration. The 112-year record of channel conditions along a portion of the Gila River provides data for the construction of locational probability maps for main flow channels. Zones of stability and hazardous instability alternate with each other at 3.2 km (2 mi) intervals. During the past century the overall sinuosity of the main flow channel has remained close to 1.18, despite numerous changes in actual location. Spatial and temporal variation of sinuosity have occurred in subreaches …

Adam And Adapa : Two Anthropological Characters, Niels-Erik Andreasen

Faculty Publications

No abstract provided.

The Decline And Fall Of Taxable Income, Glenn E. Coven

Faculty Publications

No abstract provided.

Slouching Toward Bethlehem With The Ninth Amendment, William W. Van Alstyne

Faculty Publications

This review discusses Charles Black’s work “Decision According to Law”, which examines the tendency and the means used by activist judges to provide fair decisions through the use of more flexible principles of Constitutional law. While Black’s writing style is both informative and powerful, his original thesis regarding the Ninth Amendment acting as Congressional endorsement of the courts’ activist role is uncompelling and poorly supported.

Categories And The First Amendment: A Play In Three Acts, Frederick Schauer

Faculty Publications

No abstract provided.

Precedent Times Three: Stare Decisis In The Divided Fifth Circuit, Thomas E. Baker

Faculty Publications

October 1, 1981, marked a milestone in the history of our federal courts. On that day the Fifth Circuit Court of Appeals Reorganization Act of 1980 (Reorganization Act) divided the" former fifth circuit" into the" new fifth circuit," composed of the District of the Canal Zone, Louisiana, Mississippi, and Texas, and the new" eleventh circuit," composed of Alabama, Florida, and Georgia.

Constitutional Law, Thomas E. Baker

Faculty Publications

This 1981 article discusses principles of federal constitutional law. Professor Baker notes that the constitutional decisions of the courts of appeals will continue to increase in number and importance as the burgeoning federal caseload grows. Professor Baker analyzes how the Fifth Circuit dealt with constitutional principles in the year preceding the article. The article commences with a discussion of cases dealing with justiciability issues. The justiciability issues discussed include standing, mootness, advisory opinions, political questions, ripeness, and Eleventh Amendment issues. Next, Professor Baker discusses cases construing the Commerce Clause. Next, the article discusses cases dealing with due process issues, both …