Digital Commons Network^™

Women Poets And Anonymity In The Romantic Era, Paula R. Feldman

Faculty Publications

No abstract provided.

Harmony And Diversity In Global Patent Law, John F. Duffy

Faculty Publications

The second half of the twentieth century saw the rise of a broad movement to harmonize patent laws across nation-states. The most recent, and most significant, manifestation of this movement is the 1994 TRIPS Agreement, which requires signatory nations to adopt uniform rules on many major issues of patent law. The TRIPS Agreement has now been implemented by well over one hundred countries, including almost all major industrial nations, and it heralds a new level of international uniformity in patent law.

This Article, while acknowledging the value of some harmonization of national law , explores the possible costs of the …

Master-Slave Rituals Of Power At A Gold Mine In Nineteenth Century Brazil, Matt D. Childs

Faculty Publications

No abstract provided.

Dietary Exposures And Oral Precancerous Lesions In Srikakulam District, Andhra Pradesh, India, James R. Hébert, Prakash C. Gupta, Ramesh B. Bhonsle, Hemali Mehta, Wei Zheng, Maureen Sanderson, Jane Teas

Faculty Publications

Objective: To test the effect of dietary nutrients on oral precancerous lesions in a reverse-smoking (i.e. smoking with the glowing end inside the mouth) population in South India. Design: Case–control. Cases with precancerous lesions were matched to an equal number of lesion-free controls matched on age (^5 years), sex and village. All subjects used tobacco in some form. Dietary data were obtained using an intervieweradministered food-frequency questionnaire, designed for use in this population. All interviews were conducted blinded to the disease status of the subject. Data were analysed using logistic regression. Setting: Nineteen rural villages in Srikakulam District, Andhra Pradesh. …

Habeas Review Of Perfunctory State Court Decisions On The Merits, Scott Dodson

Faculty Publications

This article discusses the appropriate standard of review a federal habeas court should use to review a state-court determination of federal law unaccompanied by a federally-based rationale. In other words, what standard of review does the federal court employ when the state court’s opinion is wholly composed of the phrases: “The claims are without merit. Denied.”? The Supreme Court has not explicitly resolved the issue, and various federal judges around the country have reached different opinions. This article argues that a close scrutiny of the controlling habeas corpus statute, relevant case law, and policy considerations leads to the conclusion that …

Rapid Heterogeneous Ad Hoc Connection Establishment: Accelerating Bluetooth Inquiry Using Irda, Trevor Clifton, Derek D. Joos, Charles D. Knutson, Ryan W. Woodings

Faculty Publications

Bluetooth device discovery is a time-intensive phase of the Bluetooth connection-establishment procedure. In this paper we propose a technique that integrates existing IrDA technology with Bluetooth technology to improve the ad hoc connection establishment time of Bluetooth devices. We accomplish this improvement by first establishing an IrDA connection between two devices equipped with both Bluetooth and IrDA capabilities and then exchanging Bluetooth device discovery information via the established IrDA connection. As a result of this cooperative exchange, the devices are able to bypass the time-intensive Bluetooth device discovery procedure. Our research shows that IrDA-assisted Bluetooth connection establishment is up to …

Microelectronics Process Engineering At San Jose State University: A Manufacturing-Oriented Interdisciplinary Degree Program, Emily Allen, Stacy H. Gleixner, David W. Parent, Greg Young, Yasser Dessouky, Linda Vanasupa

Faculty Publications

San Jose State University's new interdisciplinary curriculum in Microelectronics Process Engineering is described. This baccalaureate program emphasizes hands-on thin-film fabrication experience, manufacturing methods such as statistical process control, and fundamentals of materials science and semiconductor device physics. Each course of the core laboratory sequence integrates fabrication knowledge with process engineering and manufacturing methods. The curriculum development process relies on clearly defined and detailed program and course learning objectives. We also briefly discuss our strategy of making process engineering experiences accessible for all engineering students through both Lab Module and Statistics Module series.

Pattern Classification Using A Quantum System, Dan A. Ventura

Faculty Publications

We consider and compare three approaches to quantum pattern classification, presenting empirical results from simulations.

Negative Band Gap Bowing In Epitaxial Inas/Gaas Alloys And Predicted Band Offsets Of The Strained Binaries And Alloys On Various Substrates, Gus L. W. Hart, Kwiseon Kim, Alex Zunger

Faculty Publications

We use pseudopotential theory to provide (1) the band offsets of strained GaAs and InAs on various substrates and (2) the energies Ev(x) of the valence and conduction bands of InxGa1-xAs alloy, as a function of composition. Results are presented for both the bulk alloy and for the alloy strained on InP or GaAs. We predict that while Ex(x) bows downward for relaxed bulk alloys, it bows upward for strained epitaxial alloys. The calculated alloy offsets are used to discuss electron and hole localization in this system.

Two Mechanisms Of Blueshift Of Edge Emission In Ingan-Based Epilayers And Multiple Quantum Wells, E. Kuokstis, J. W. Yang, Grigory Simin, M. Asif Khan, R. Gaska, M. S. Shur

Faculty Publications

We present the results of a comparative photoluminescence(PL) study of GaN and InGaN-based epilayers, and InGaN/GaN multiple quantum wells(MQWs). Room-temperature PL spectra were measured for a very broad range of optical excitation from 10 mW/cm² up to 1 MW/cm². In contrast to GaN epilayers, all In-containing samples exhibited an excitation-induced blueshift of the peak emission. In addition, the blueshift of the emission in the InGaN epilayers with the same composition as the quantum well was significantly smaller. The comparison of the blueshift in the “bulk” InGaN and in the MQWs allowed us to separate two different mechanisms …

Effect Of Catalyst Structure On Oxidative Dehydrogenation Of Ethane And Propane On Alumina-Supported Vanadia, Morris D. Argyle, Kaidong Chen, Alexis T. Bell, Enrique Iglesia

Faculty Publications

The catalytic properties of Al2O3-supported vanadia with a wide range of VOx surface density (1.4-34.2 V/nm2) and structure were examined for the oxidative dehydrogenation of ethane and propane. UV-visible and Raman spectra showed that vanadia is dispersed predominately as isolated monovanadate species below ~2.3 V/nm2. As surface densities increase, two-dimensional polyvanadates appear (2.3-7.0 V/nm2) along with increasing amounts of V2O5 crystallites at surface densities above 7.0 V/nm2. The rate constant for oxidative dehydrogenation (k1) and its ratio with alkane and alkene combustion (k2/k1 and k3/k1, respectively) were compared for both alkane reactants as a function of vanadia surface density. Propene …

Correlates Of Vigorous Physical Activity For Children In Grades 1 Through 12: Comparing Parent-Reported And Objectively Measured Physical Activity, James F. Sallis, Wendell C. Taylor, Marsha Dowda, Patty S. Freedson, Russell R. Pate

Faculty Publications

Correlates of physical activity were examined in young people in grades 1 through 12, and analyses were conducted separately for eight age/grade and sex subgroups. Twenty-one explanatory variables were assessed by parental report. Physical activity was assessed in 781 young people via parent report, and 200 wore an accelerometer for seven days. Between 11% and 36% of parent-reported child vigorous physical activity was explained. The most consistent correlates were peer support and use of afternoon time for active rather than sedentary recreation. Peer support was the only significant correlate of objectively monitored activity in multiple subgroups.

The Rule Of Law: A Reassessment For The Twenty-First Century, Noel B. Reynolds

Faculty Publications

This brief radio address attempts to explain the origins of American liberty and to assess its health at the beginning of the 21st century. The notion of rule of law and the emerging science of constitutionalism enabled America’s founding generation to establish a system of political liberty that continues to stand as a model for all human societies to pursue.

Rich Treasure In Jars Of Clay: Christian Graduate Theological Education In Postmodern Context, Mary E. Hess

Faculty Publications

No abstract provided.

What Every Student Affairs Professional Should Know: Student Study Activities And Beliefs Associated, Amy Strage

Faculty Publications

No abstract provided.

Theology As Worship: The Place Of Theology In A Postmodern University, Alan G. Padgett

Faculty Publications

No abstract provided.

A Compendium Of Clever And Amusing Law Review Writings -- An Idiosyncratic Bibliography Of Miscellany With In Kind Annotations Intended As A Humorous Diversion For The Gentle Reader, Thomas E. Baker

Faculty Publications

The world of the American law review resembles Middle Earth for all its strange inhabitants, secret rituals, and foreboding folklore. The depth and breadth of law review literature defies facile characterization, but it can be stated without fear of contradiction that the truly clever or amusing law review article is the quintessential rara avis. Law review articles - and the people who write them and the people who read them - are serious to a fault.

Indeed, whenever a judge, a lawyer, a law professor, or a law student writes something truly funny he or she runs the risk …

Human Cloning & The Right To Reproduce, Elizabeth Price Foley

Faculty Publications

Explores the contours of the right to reproduce, recognized as a substantive liberty under the Due Process Clauses. Specifically, is the right a positive as well as negative right? Does the right encompass the right to use artificial reproductive technologies (ARTs) such as in vitro fertilization, artificial insemination, or reproductive cloning?

Ending A Mud Bowl: Defining Arbitration’S Finality Through Functional Analysis, Amy J. Schmitz

Faculty Publications

The Federal Arbitration Act (FAA) and Uniform Arbitration Act (UAA), on the state level, prescribe a nearly identical procedural and remedial scheme for promoting independent, self-contained arbitration. To that end, both acts curtail courts' review of arbitration awards, by limiting the grounds for vacating awards to those aimed at ensuring only basic procedural fairness. Nonetheless, seemingly "pro-arbitration" impulses have driven some courts' eager application, or misapplication, of the FAA/UAA statutory scheme to enforce dispute resolution agreements that reject the acts' limited review prescriptions. This Article tackles this arguable abuse of the FAA/UAA scheme, by proposing a functional analysis for defining …

Using Dispute System Design Methods To Promote Good-Faith Participation In Court-Connected Mediation Programs, John M. Lande

Faculty Publications

This article discusses what can be done to promote productive behavior in mediation and reduce bad conduct. Although most participants do not abuse the mediation process, some people use mediation to drag out litigation, gain leverage for later negotiations, and generally wear down the opposition. Rules requiring good-faith participation are likely to be ineffective and possibly counterproductive. This article proposes using dispute system design principles to develop policies satisfying the interests of stakeholders in court-connected mediation programs. After outlining important interests of key stakeholder groups, including litigants, attorneys, courts, and mediators, the Article describes specific policies that could satisfy their …

A Fugitive Thread: The Production Of Subjectivity In Marx, Jason Read Phd

Faculty Publications

No abstract provided.

The Digital Divide In The New Millennium, Allen S. Hammond Iv

Faculty Publications

No abstract provided.

Romagoza V. Garcia: Proving Command Responsibility Under The Alien Torts Claims Act And The Torture Victim Protection Act, Beth Van Schaack

Faculty Publications

No abstract provided.

Picking Up The Pieces After Alexander V. Sandoval? Resurrecting A Private Cause Of Action For Disparate Impact, Derek W. Black

Faculty Publications

The Supreme Court in Alexander v. Sandoval limited plaintiffs' ability to challenge racially inequality and discrimination through lawsuits. The Court held that plaintiffs could no longer bring private causes of action for racially disparate impact under federal regulations. This article analyzes that holding and its detrimental impact on minority communities. The article proposes alternative theories under which plaintiffs' can continue to bring their claims and minimize the impact of the Court's holding.

Criminal Speech And The First Amendment, Benjamin Means

Faculty Publications

No abstract provided.

Does The Federal Boat Safety Act Preempt State Common-Law Tort Claims?, Ralph C. Anzivino

Faculty Publications

No abstract provided.

In Memoriam — Howard B. Eisenberg, Craig Allen Nard

Faculty Publications

This is a tribute to Howard B. Eisenberg.

The Founders’ Privacy: The Fourth Amendment And The Power Of Technological Surveillance, Raymond Shih Ray Ku

Faculty Publications

Part I of this Article briefly discusses the history and origins of the Fourth Amendment and its relationship to the doc- trine of separation of powers. Part I argues that the central purpose of the amendment was not to define various aspects of life as private, but to guarantee that the people defined the limits of the executive's surveillance power. Part II then examines the Supreme Court's Fourth Amendment jurisprudence dealing with technology prior to Kyllo, and the problems associated with this jurisprudence. Part II argues that the Supreme Court's framing of the privacy question as whether a new search …

The Investment Opportunity Set And Capitalization Versus Expensing Methods Of Accounting Choice, Dan S. Dhaliwal, William G. Heninger, K.E. Hughes Ii

Faculty Publications

This paper examines the effects of the investment opportunity set (IOS) on management's decision to capitalize or expense significant costs in two diverse settings: (1) in accounting for exploration and development (E&D) costs by firms in the oil-and-gas industry, and (2) in accounting for research and development (R&D) costs by firms (across industries) prior to 1974. We argue that the relation between the IOS and the decision to capitalize versus to expense is based upon managerial incentives to reduce the variance of accounting earnings. High-growth firms are more likely to have more variable earnings, which therefore creates greater incentives to …

Loving And Dreaming, Ivan Davis

Faculty Publications

No abstract provided.