Digital Commons Network^™

Certainty, Fence Building, And The Useful Arts, Craig Allen Nard

Faculty Publications

In "Certainty, Fence Building, and the Useful Arts," 74 Ind. L.J. 759-800 (1999), the author, based upon contract theory, economic theory, and an empirical survey of federal district court judges, proposes that the United States adopt a patent opposition proceeding. Whereas United States trademark law allows for the publication of and third-party opposition to the issuance of a federal trademark, American patent law, unlike European and Asian patent systems, allows for no such proceeding regarding the patentability of a claimed invention before issuance.

Swingers: Morality Legislation & The Limits Of State Police Power, Raymond Shih Ray Ku

Faculty Publications

This article examines whether Florida can legitimately convict the swingers pursuant to the Florida Constitution specifically, and principles of constitutional law in general, and concludes that it cannot.

Book Review Of Saints And Sinners: A History Of The Popes, By Eamon Duffy, Darius Jankiewicz

Faculty Publications

No abstract provided.

Some Aspects Of The Adsorption Of A Lennard-Jones Gas On A Rough Surface, Douglas Henderson, Pawel Bryk, Stefan Sokolowski

Faculty Publications

We study the adsorption, including wetting, of a Lennard-Jones gas on a rough surface consisting of rough layer on a smooth substrate with which the gas interacts via a 9-3 potential. The rough layer is two molecular diameters thick and consists of a disordered quenched matrix of hard spheres. As well as interacting with the other matrix spheres by the hard-sphere potential, the matrix molecules interact with the gas molecules by the hard-sphere potential. Hence, on average, the degree to which the gas molecules can approach the substrate depends only on the density of the matrix layer. The density of …

A Good Home For A Poor Man: Fort Polk And Vernon Parish, 1800-1940, Steven D. Smith

Faculty Publications

No abstract provided.

The Louisiana Native Guards: The Black Military Experience During The Civil War, By James G. Hollandsworth, Jr., Steven D. Smith

Faculty Publications

This contains a review of the title book, The Louisiana Native Guards: The Black Military Experience During the Civil War, by James G. Hollandsworth, Jr., as well as a review of an additional book:

Thank God My Regiment an African One: The Civil War Diary of Colonel Nathan W. Daniels, edited by C.P. Weaver

Cycle Starters: American Indian Doctorates As Role Models, Timothy Lintner

Faculty Publications

No abstract provided.

Tax Exemptions And The Establishment Clause, Erika Lietzan

Faculty Publications

Churches are exempted from a variety of taxes collected by the various levels and jurisdictions of government in the United States. For instance, they are almost always exempt from payment of property tax at the local level and from payment of income tax to both state and federal government. They are often exempt from payment of state sales tax on the products they sell. A person making a contribution to a religious organization is usually entitled to deduct the contribution from his income when calculating both his state and his federal income taxes at the end of the taxable year. …

Additional Thoughts On Romanian Clinical Legal Education: A Comment On Uphoff's "Confessions Of A Clinician Educator", Kandis Scott

Faculty Publications

In his essay "Why In-House Live Client Clinics Won't Work in Romania: Confessions of a Clinician Educator,"' Professor Rodney Uphoff relates that he went to Romania with the notion of "practicing and modeling what we preach' in the United States, but he discovered that this model does not fit the Romanian system and available resources. Professor Uphoff's critique of the feasibility of superimposing American solutions onto Romanian problems evidences a fundamental respect for other cultures and their right to selfdetermination. His essay reminds us to look afresh at clinical curriculum and methods in the United States as well as abroad. …

Comparative Anatomies: Darwin, Eliot, Stevenson And The Lamarckian Legacy Of 1820s Edinburgh, Patrick G. Scott

Faculty Publications

Explores the ways in which selected Victorian writers critiqued, repressed, or caricatured the underground influence of the earlier French biological theorist Lamarck. Works discussed include George Eliot's Middlemarch and Robert Louis Stevenson's Strange Tale of Dr. Jekyll and Mr. Hyde. First presented at the Sixth International Scott Conference, Eugene, Oregon, 1999.

Derivatives Regulation In The Context Of The Shingle Theory, Allen Madison

Faculty Publications

This article discusses the regulation of derivative financial instruments. It notes that the government has neither come to a conclusion as to the necessity of regulation nor which agency would have jurisdiction. It also suggests that one tool that regulators could use as an enforcement tool is the "shingle" theory. Next, it provides history and analysis of this theory. Finally, it examines the current state of affairs regarding regulation of derivatives.

Effects Of Competition On Resource Availability And Growth Of A California Bunchgrass, Andrew R. Dyer, Kevin J. Rice

Faculty Publications

In California, little is known about the sensitivity of native bunchgrasses to competition or to changes in resource availability. We investigated the effect of nonnative annual vegetation on resource availability and growth of a native bunchgrass, Nassella pulchra, in a pair of factorial field experiments that incorporated effects of both interspecific and intraspecific competition as well as variation in soil depth. Plots of differing target densities and neighborhoods were used to assess changes in aboveground (light) and belowground (water) resource availability over multiple seasons in two sites with differing soil depth. N. pulchra grown without interspecific competitors grew larger …

Clear And Present Danger: Enforcing The International Ban On Biological And Chemical Weapons Through Sanctions, Use Of Force, And Criminalization, Michael P. Scharf

Faculty Publications

Currently there are two means of enforcing the international prohibition of chemical and biological weapons. First, the international community can induce compliance through imposition of sanctions, such as trade embargoes, freezing of assets and diplomatic isolation. Second, when sanctions fail, States can individually or collectively respond to the threat of chemical or biological weapons by using military force. After exploring the potential strengths and weaknesses of these approaches, this article examines the desirability of supplementing them with a third approach based on the criminal prosecution of persons responsible for the production, stockpiling, transfer, or use of chemical and biological weapons.

Spin-Up In A Tank Induced By A Rotating Bluff Body, R. Daniel Maynes, J. Klewicki, P. Mcmurty

Faculty Publications

Spin-up of a turbulent flow in a cylindrical tank caused by a rotating bluff body has been investigated using flow visualization, fluid velocity measurements, and hydrodynamic torque measurements. During the spin-up process three distinct temporal regimes exist. These regimes are: (i) a build-up regime where the torque and the tangential velocity fluctuations in the close proximity of the body remain constant; (ii) a decay regime where these quantities decay with power-law relations; and (iii) a mean flow steady state where these values remain relatively constant. Experiments were conducted in two tanks differing in volume by a factor of 80 and …

Call Screening - Is It Really A Problem For Survey Research?, Michael W. Link, Robert W. Oldendick

Faculty Publications

No abstract provided.

Colder Than Hell: A Marine Rifle Company At Chosin Reservoir, By Joseph R. Owen, Steven D. Smith

Faculty Publications

A review of Colder Than Hell: A Marine Rifle Company at Chosin Reservoir, by Joseph R. Owen.

Free Trade And The Environment: The Nafta, The Naaec, And Implications For The Future, Tseming Yang, Ignacia S. Moreno, James W. Rubin, Russell F. Smith Iii

Faculty Publications

No abstract provided.

Mothers And Doctors' Orders: Unmasking The Doctor's Fiduciary Role In Maternal-Fetal Conflicts, Michelle Oberman

Faculty Publications

This article reframes the contemporary legal and ethical debates generated by pregnant women who resist medical advice. Presently known as "maternal-fetal conflicts," these dilemmas arise in contexts ranging from religious refusals of blood transfusions to cocaine addiction. The vast literature discussing these conflicts focuses entirely on the competing rights of mothers and fetuses, and overwhelmingly concludes that the mother's rights prevail. Entirely absent from this analysis is one of the primary parties to these conflicts - the doctor. As a result, the doctor's role in generating these conflicts is eclipsed, and one scarcely notices that these scenarios all are linked …

The Bard And The Bench: An Opinion And Brief Writer's Guide To Shakespeare, Robert Peterson

Faculty Publications

This work is a legal brief writer's and opinion drafter's guide to Shakespeare. It collects and catalogues by topic citations to plays, poems, or passages that are actually found in judicial opinions. This essay also suggests a few uncited orphans deserving a home in brief or opinion. The catalogue is web based; the reader may search it in its electronic format or download it for old-fashioned browsing.

Making The "White Man's Country" White: Race, Slavery, And State-Building In The Jacksonian South, Lacy K. Ford, Jr.

Faculty Publications

No abstract provided.

Effects Of Direct Instruction And Environmentally Designed Instruction On The Process And Product Characteristics Of A Fundamental Skill, Terry Sweeting, Judith E. Rink

Faculty Publications

This study investigated the effects of direct instruction and an environmentally designed instructional strategy on the product and process characteristics of kindergarten and second grade children in the standing long jump. One hundred and sixteen kindergarten and second grade students participated in the study and were assigned to a 3-day, 60-trial, direct instruction group or a 3-day, 60-trial, environmentally designed instruction group. A pretest, posttest, and retention test were administered in a flat mat testing condition and one designed to elicit performance through the testing environment (the swamp). Both instructional intervention groups were different from the control group at the …

Analysis Of A Lithium/Thionyl Chloride Battery Under Moderate-Rate Discharge, Mukul Jain, Ganesan Nagasubramanian, Rudolph G. Jungst, John W. Weidner

Faculty Publications

A one-dimensional mathematical model of a spirally wound lithium/thionyl chloride primary battery is developed and used for parameter estimation and design studies. The model formulation is based on the fundamental conservation laws using porous electrode theory and concentrated solution theory. The model is used to estimate the transference number, the diffusion coefficient, and the kinetic parameters for the reactions at the anode and the cathode as a function of temperature. These parameters are obtained by fitting the simulated capacity and average cell voltage to experimental data over a wide range of temperatures (–55 to 49°C) and discharge loads (10-250 ). …

Determination Of The Lithium Ion Diffusion Coefficient In Graphite, Ping Yu, Branko N. Popov, James A. Ritter, Ralph E. White

Faculty Publications

A complex impedance model for spherical particles was used to determine the lithium ion diffusion coefficient in graphite as a function of the state of charge (SOC) and temperature. The values obtained range from of 1.12 × 10^–10 to 6.51 × 10^–11 cm²/s at 25°C for 0 and 30% SOC, respectively, and for 0% SOC, the value at 55°C was 1.35 × 10^–10 cm²/s. The conventional potentiostatic intermittent titration technique (PITT) and Warburg impedance approaches were also evaluated, and the advantages and disadvantages of these techniques were exposed

Personal Ontologies, Michael N. Huhns, Larry M. Stevens

Faculty Publications

Corporations can suffer from too much information, and it is often inaccessible, inconsistent, and incomprehensible. The corporate solution entails knowledge management techniques and data warehouses. The paper discusses the use of the personal ontology. The promising approach is an organization scheme based on a model of an office and its information, an ontology, coupled with the proper tools for using it.

Revisiting The Stock Price Impact Of Quality Awards, Gregory L. Adams, Grant Mcqueen, Kristie Seawright

Faculty Publications

In an event study, Hendricks and Singhal [Hendricks KB, Singhal VR. Quality awards and the market value of the firm: an empirical investigation. Management Sci 1996;42:415±36.] find evidence that firms that win quality awards are further rewarded with a stock price increase on the day of the award announcement. We revisit Hendricks and Singhal (1996), extend their research and find four reasons why management, owners and analysts should be cautious about expecting an abnormal return when a firm wins a quality award. First, in our sample of Baldrige Award winners, the evidence of a stock price response on the announcement …

The Delisting Bias In Crsp’S Nasdaq Data And Its Implications For The Size Effect, Tyler Shumway, Vincent A. Warther

Faculty Publications

We investigate the bias in CRSP's Nasdaq data due to missing returns for delisted stocks. We find that the missing returns are large and negative on average, and that delisted stocks experience a substantial decrease in liquidity. We estimate that using a corrected return of −55 percent for missing performance-related delisting returns corrects the bias. We revisit previous work which finds a size effect among Nasdaq stocks. After correcting for the delisting bias, there is no evidence that there ever was a size effect on Nasdaq. Our results are inconsistent with most risk-based explanations of the size effect.

Modeling Nitrogen Release During Devolatilization On The Basis Of Chemical Structure Of Coal, Dominic Genetti, Thomas H. Fletcher

Faculty Publications

A model that predicts the amount and distribution between tar and light gas of nitrogen released during devolatilization has been developed and incorporated into the chemical percolation devolatilization (CPD) model. This work represents the first volatile nitrogen release model developed on the basis of ¹³C NMR measurements of coal structure. This work also represents the first volatile nitrogen release model evaluated by comparing model predictions with chemical structural features of the char (determined by ¹³C NMR spectral analyses). The model is limited to nitrogen release during primary pyrolysis, and assumes that all light-gas nitrogen is HCN. Model predictions …

The Lessons Of Impeachment History, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Demonstration: A Robust Web Data-Extraction Technique With High Recall And Precision, Deryle W. Lonsdale, D. M. Campbell, Yihong Ding, David W. Embley, K. Hewett, D. L. Jackman, S. S. Jeffries, Y. S. Jiang, D. Lewis, Stephen W. Liddle, Y. K. Ng, A. L. Peacock, D. J. Seer, R. D. Smith, S. H. Yau, M. Xu, L. Xu

Faculty Publications

Our demo shows how to extract and structure data found in data-rich, unstructured, multiple-record Web documents. Users may either apply pre-built extraction applications or build and apply their own. The demo is significant because it (1) attacks an important data-centric problem and (2) uses database technology to produce good results with minimal effort.

Integrating Translation Technologies Using Salt, Deryle W. Lonsdale, Gerhard Budin, Alan K. Melby, Sue Ellen Wright, Arle R. Lommel

Faculty Publications

The acronym SALT stands for Standards-based Access to multilingual Lexicons and Terminologies. The objective of the SALT project is to develop and promote a range of tools that will be made available on the World Wide Web to various user groups, in particular translators, terminology managers, localizers, technical communicators, but also tools developers, database managers, and language engineers. The resulting toolkit will facilitate access and re-use of heterogeneous multilingual resources derived from both NLP lexicons and human-oriented terminology databases.