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“Legal Or Illegal? Documented Or Undocumented?” The Struggle Over Brookhaven’S Neighborhood Preservation Act, Jackson B. Miller Jan 2003

“Legal Or Illegal? Documented Or Undocumented?” The Struggle Over Brookhaven’S Neighborhood Preservation Act, Jackson B. Miller

Faculty Publications

This critical essay applies the concept of “presence” as a theoretical lens for explaining the rhetorical efficacy of protest events surrounding a contemporary debate about immigrants’ rights in a suburban New York township. Specifically, the protests surrounding the town board meetings regarding Brookhaven’s “Neighborhood Preservation Act,” a piece of legislation geared toward making rental laws more stringent, are examined. A group comprised largely of white, upper middle-class citizens voiced their support for the proposed legislation, while a group of day laborers and those sympathetic with their cause characterized the proposed legislation as a form of racial discrimination disguised as a …

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Must The Independent Counsel's Office Disclose Photographs Of Vincent Foster's Body?, Jay E. Grenig Jan 2003

Must The Independent Counsel's Office Disclose Photographs Of Vincent Foster's Body?, Jay E. Grenig

Faculty Publications

No abstract provided.

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Consumers & Creative Destruction: Fair Use Beyond Market Failure, Raymond Shih Ray Ku Jan 2003

Consumers & Creative Destruction: Fair Use Beyond Market Failure, Raymond Shih Ray Ku

Faculty Publications

For almost twenty years, the concept of market failure has defined the boundaries of fair use under copyright law. In this article Professor Ku challenges this interpretation of fair use by offering an alternative economic interpretation of the doctrine. This Article argues fair use is justified when consumer copying creatively destroys the need for copy- right's exclusive rights in reproduction and distribution. This occurs when: 1) the consumer of a work makes copies of it, and 2) creation of the work does not depend upon funding derived from the sale of copies. Under these circumstances, exclusive rights in reproduction and …

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The Role Of Lawyers In Strategic Alliances, George W. Dent Jan 2003

The Role Of Lawyers In Strategic Alliances, George W. Dent

Faculty Publications

No abstract provided.

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In Defense Of Geographic Disparity, Craig Allen Nard Jan 2003

In Defense Of Geographic Disparity, Craig Allen Nard

Faculty Publications

A response to Margo A. Bagley, Patently Unconstitutional: The Geographical Limitation on Prior Art in a Small World, 87 Minn. L. Rev. 679 (2003).

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Responding To The Demise Of Adolescent Artmaking: Charting The Course Of Adolescent Development In An Exceptional Art Classroom, Mark Graham Jan 2003

Responding To The Demise Of Adolescent Artmaking: Charting The Course Of Adolescent Development In An Exceptional Art Classroom, Mark Graham

Faculty Publications

Adolescent artistic developmental potential is often underestimated, ignored, or dismissed as irrelevant. This article argues that the deliberate cultivation of artistry is neglected and the task of developing mastery in any visual language is rarely attempted. By adolescence, most children give up the visual arts as a means of understanding or expression. Although drawing is accepted as a fundamental skill in most secondary art programs, there are different opinions on how to teach drawing, and to whom drawing should be taught. Endpoints of development and the role of cultural influences are two areas that invite different points of view. This …

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Sexual Harassment, Amy E. Street, Jane Stafford, Tamara A. Bruce Jan 2003

Sexual Harassment, Amy E. Street, Jane Stafford, Tamara A. Bruce

Faculty Publications

No abstract provided.

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Plasma Membrane Topology Of Syncytial Domains Of Herpes Simplex Virus Type 1 Glycoprotein K (Gk): The Ul20 Protein Enables Cell Surface Localization Of Gk But Not Gk-Mediated Cell-To-Cell Fusion, Timothy P. Foster, Xavier Alvarez, Konstantin G. Kousoulas Jan 2003

Plasma Membrane Topology Of Syncytial Domains Of Herpes Simplex Virus Type 1 Glycoprotein K (Gk): The Ul20 Protein Enables Cell Surface Localization Of Gk But Not Gk-Mediated Cell-To-Cell Fusion, Timothy P. Foster, Xavier Alvarez, Konstantin G. Kousoulas

Faculty Publications

Most spontaneously occurring mutations that cause extensive herpes simplex virus type 1 (HSV-1)-induced cell fusion are single amino acid changes within glycoprotein K (gK). Despite the strong genetic association of gK with virus-induced cell fusion, its direct involvement in cellular membrane fusion has been controversial, largely due to previously unsuccessful efforts to detect gK expression on virion and cellular surfaces. Recently, we showed that gK is expressed on HSV-1 virions and functioned in virus entry (T. P. Foster, G. V. Rybachuk, and K. G. Kousoulas, J. Virol. 75:12431-12438, 2001). To determine whether gK is expressed on cellular surfaces, as well …

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Discussing The First Amendment , Christina E. Wells Jan 2003

Discussing The First Amendment , Christina E. Wells

Faculty Publications

Despite its many good qualities, Eternally Vigilant nevertheless suffers from a flaw common to First Amendment scholarship--a tendency to give short shrift to study of the social, psychological, historical, and political factors that influence the Court's decision making and, thus, free speech doctrine. Discussion including these influences would facilitate an even greater understanding of free speech doctrine and the principles that underlie it.

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Action Principle Formulation For The Motion Of Extended Bodies In General Relativity, Jeeva Anandan, Naresh Dadhich, Parampreet Singh Jan 2003

Action Principle Formulation For The Motion Of Extended Bodies In General Relativity, Jeeva Anandan, Naresh Dadhich, Parampreet Singh

Faculty Publications

We present an action principle formulation for the study of the motion or an extended body in general relativity in the limit of a weak gravitational field. This gives the classical equations of motion for multipole moments of arbitrary order coupling to the gravitational field. In particular, a new force due to the octupole moment is obtained. The action also yields the gravitationally induced phase shifts in quantum interference experiments due to the coupling of all multipole moments. ©2003 The American Physical Society.

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Journals In The Discipline: A Report On A New Survey Of American Political Scientists, James C. Garand, Micheal W. Giles Jan 2003

Journals In The Discipline: A Report On A New Survey Of American Political Scientists, James C. Garand, Micheal W. Giles

Faculty Publications

No abstract provided.

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A Regional Comparison Of Us Homeowner Perceptions About Treated Wood, Ben N. Donkor, Sanna Kallioranta, Richard P. Vlosky, Todd F. Shupe Jan 2003

A Regional Comparison Of Us Homeowner Perceptions About Treated Wood, Ben N. Donkor, Sanna Kallioranta, Richard P. Vlosky, Todd F. Shupe

Faculty Publications

This study examines United States homeowner perceptions about treated wood products. Regional differences were measured across a number of themes including overall perceptions about treated wood, treated wood relative to alternative building materials, and safety issues. Respondents in the South had the most positive perception of treated wood. The most significant health concerns were related to arsenic and chromium in preservative treatments with no differences across regions. Overall, there is not a strong aversion to using treated wood products per se although the perception of health risks exists.

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Developing A User-Process Model For Designing Menu-Based Interfaces: An Exploratory Study, Boryung Ju, Myke Gluck Jan 2003

Developing A User-Process Model For Designing Menu-Based Interfaces: An Exploratory Study, Boryung Ju, Myke Gluck

Faculty Publications

The purpose of this study was to organize menu items based on a user-process model and implement a new version of current software for enhancing usability of interfaces. Dervin & Nilan's time-line method is used to develop a user-process model for user interface design. We developed a user process model drawn from actual users' understanding of their goals and strategies to solve their information needs by using Dervin's Sense-Making Theory with sense-making interviews. Six experienced subjects were recruited for the sense-making interviews. Each subject went through a learning/exploration session, and was asked to recall and describe specific information needs throughout …

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Effect Of Nacl On Growth, Morphology, And Camptothecin Accumulation In Camptotheca Acuminata Seedlings, Zhanhai Li, Zhijun Liu Jan 2003

Effect Of Nacl On Growth, Morphology, And Camptothecin Accumulation In Camptotheca Acuminata Seedlings, Zhanhai Li, Zhijun Liu

Faculty Publications

NaCl salt is shown to increase alkaloid accumulation in some plant species, but creates an extensive problem in plant cultivation. The effect of NaCl on Camptotheca acuminata Decaisne growth, morphology, and camptothecin accumulation (concentration and yield) was studied in a hydroponic culture system. High NaCl levels (above 75 mM) in growth media significantly reduced plant height, weight, leaf number, and leaf length but increased leaf weight. In contrast, low NaCl levels (below 75 mM) only moderately reduced growth and affected morphology. Our results suggest a concentration of 75 mM is the threshold for NaCl to exert a detrimental effect on …

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Where's The Beef? Dissecting Spam's Purported Harms, Eric Goldman Jan 2003

Where's The Beef? Dissecting Spam's Purported Harms, Eric Goldman

Faculty Publications

Virtually everyone seems to agree that spam causes tremendous harm, but there is surprisingly little consensus on exactly what those harms are. This Essay examines various harms that spam purportedly causes to assess if the harm is real and if spam is treated dichotomously compared to other media communications. Based on this analysis, the Essay concludes that many harms purportedly caused by spam are not appropriate policy justifications for regulation.

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"Race To The Bottom" Returns: China's Challenge To The International Labor Movement, Stephen F. Diamond Jan 2003

"Race To The Bottom" Returns: China's Challenge To The International Labor Movement, Stephen F. Diamond

Faculty Publications

This article will consider four areas of concern. First, the structural changes underway in the Chinese economy are creating both domestic and international imbalances that exacerbate inequalities among Chinese workers and create new inequities in the global labor market. Second, the Chinese regime's approach to labor rights remains rigidly authoritarian and, as a result, it is triggering ever more dramatic confrontations between workers and the Chinese state, despite the regime's nominal commitment to "socialism." Third, these developments are being reinforced by a pathological evolution in the principles that govern key international institutions such as the WTO and the ILO. A …

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Latcrit Vi, Outsider Jurisprudence And Looking Beyond Imagined Borders, Ediberto Román Jan 2003

Latcrit Vi, Outsider Jurisprudence And Looking Beyond Imagined Borders, Ediberto Román

Faculty Publications

The Sixth Annual LatCrit Conference (LatCrit VI) titled "Latinas/os and the Americas: Centering North-South Frameworks in LatCrit Theory," was the latest installment of the leading progressive scholarly movement addressing nonwhite critical jurisprudence.3 The goals of the conference were to explore the ties that bind Latinas/os residing in the United States to their homeland's societies and cultures, and to examine the impact of globalization on critical jurisprudential discourse.4 The conference was attended predominately by straight and gay law professors of color, including Latinas/os, African Americans, Asian Americans, and indigenous persons, most of whom describe themselves as LatCrits or more whimsically, LatCritters. …

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Reliability And The Admissibility Of Experts, Dale A. Nance Jan 2003

Reliability And The Admissibility Of Experts, Dale A. Nance

Faculty Publications

Modern law on expert testimony insists, as a condition of admissibility, that the asserted expertise be determined by the trial judge to be reliable. Reliability is usually characterized as a dichotomous attribute of evidence, as if expertise were either reliable or unreliable. This article argues that making progress in the development of meaningful and appropriate restrictions on the admissibility of expert testimony requires that we abandon this conceptualization and understand the implications of endorsing a gradational notion of reliability in which evidence can be more or less reliable and in which a comparative assessment of reliability is prominent. Consistent with …

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Foreword: The Role Of Justice In Building Peace, Michael P. Scharf Jan 2003

Foreword: The Role Of Justice In Building Peace, Michael P. Scharf

Faculty Publications

Forward to The War Crimes Research Symposium: The Role of Justice in Building Peace, Cleveland, Ohio 2003.

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Using Low-Threshold Applications And Software Templates To Improve Efficiency In An Introductory Statistics Course, Jason K. Mcdonald Jan 2003

Using Low-Threshold Applications And Software Templates To Improve Efficiency In An Introductory Statistics Course, Jason K. Mcdonald

Faculty Publications

This study was an exploratory study in improving efficiency in university courses by using low-cost methods of design and development that can be easily managed by university faculty. To explore this issue, we developed a lesson for the Statistics department at Brigham Young University using low-threshold applications (uses of technology that are low-cost and easy to learn) and software templates. We evaluated the lesson as a possible method to decrease the number of hours instructors were required to spend teaching in class. We discovered that students responded positively to the lesson, and that the methods of lesson design and development …

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Data Mining Of Forensic Association Rules, James V. Hansen, Paul Benjamin Lowry, Rayman D. Meservy Jan 2003

Data Mining Of Forensic Association Rules, James V. Hansen, Paul Benjamin Lowry, Rayman D. Meservy

Faculty Publications

Data mining offers a potentially powerful method for analyzing the large data sets that are typically found in forensic computing (FC) investigations to discover useful and previously unknown patterns within the data. The contribution of this paper is an innovative and rigorous data mining methodology that enables effective search of large volumes of complex data to discover offender profiles. These profiles are based on association rules, which are computationally sound, flexible, easily interpreted, and provide a ready set of data for refinement via predictive models. Methodology incorporates link analysis and creation of predictive models based on association rule input.

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Are The U.S. Patent Priority Rules Really Necessary?, Colleen Chien, Mark Lemley Jan 2003

Are The U.S. Patent Priority Rules Really Necessary?, Colleen Chien, Mark Lemley

Faculty Publications

In this Article, we study U.S. Patent and Trademark Office (“PTO”) interference proceedings and court cases in which the parties dispute who is first to invent. We find that the first person to file is usually, but by no means always, also the first to invent. In over 40% of the cases, the first to invent is last to file. We also find that the long-standing rule that discriminated against foreign inventors by requiring proof of inventive activity in the U.S. had surprisingly little effect on outcomes; that a large number of priority disputes involve near-simultaneous invention; and that the …

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1984 And Beyond: Two Decades Of Copyright Law, Tyler T. Ochoa Jan 2003

1984 And Beyond: Two Decades Of Copyright Law, Tyler T. Ochoa

Faculty Publications

During the past two decades, engineers, authors, publishers, consumers, lawyers and academics have witnessed extraordinary developments in the technological landscape, often leading to equally dramatic developments in the law of copyright. Many of these developments have been chronicled (or foreshadowed) in the pages of the Santa Clara Computer and High Technology Law Journal. To celebrate the Journal's 20th Anniversary, this essay will place a number of articles which have appeared in the Journal in their historical context by taking a look back on how the law of copyright has changed during the past twenty years.

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Unfilled Promise: The Human Rights Class Action, Beth Van Schaack Jan 2003

Unfilled Promise: The Human Rights Class Action, Beth Van Schaack

Faculty Publications

Historically, international law consisted primarily of substantive norms, leaving it to individual nation states to determine how to implement and enforce those norms. Human rights class actions in U.S. courts represent one such fusion of international legal rights with domestic judicial remedies. Since the late 1980s, victims of human rights violations have increasingly utilized Federal Rule of Civil Procedure 23 (“Rule 23”), which governs the certification and conduct of the class action in federal court. In certain respects, the rule embodies a unique feature of United States procedural law. The United States Supreme Court has recognized that class relief is …

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Mothers Who Kill: Cross-Cultural Patterns In And Perspectives On Contemporary Maternal Filicide, Michelle Oberman Jan 2003

Mothers Who Kill: Cross-Cultural Patterns In And Perspectives On Contemporary Maternal Filicide, Michelle Oberman

Faculty Publications

This article presents a brief cross-cultural review of maternal filicide, focusing specifically on the varying circumstances that surround the mothers who commit this crime. My goal is not to provide a comprehensive map of contemporary maternal filicide, but rather, to illustrate the manner in which a society’s structure of motherhood and women’s status contributes to maternal filicide. Special attention will be paid to the unwritten norms that govern women and motherhood, as well as to the manner in which distinct societies understand, rationalize, and punish maternal filicide. The article begins with a review of the patterned nature of maternal filicide …

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Corrosion Protection Of Steel Using Nonanomalous Ni-Zn-P Coatings, Basker Veeraraghavan, Bala Haran, Swaminatha P. Kumaraguru, Branko N. Popov Jan 2003

Corrosion Protection Of Steel Using Nonanomalous Ni-Zn-P Coatings, Basker Veeraraghavan, Bala Haran, Swaminatha P. Kumaraguru, Branko N. Popov

Faculty Publications

A novel technique for obtaining nonanomalous Ni-Zn-P coatings with high Ni content (74 wt % as compared to 15-20 wt % in the conventional plating method) has been developed. These coatings show promise as a replacement for Cd in sacrificially protecting steel. Ni-Zn-P coatings were deposited using an electroless method from a solution containing NiSO4, complexing agent and ammonium chloride. Varying the concentration of ZnSO4 in the bath controls the final amount of Zn in the deposit. The Zn content in the coating was optimized based on the corrosion resistance of the final deposit. Coatings with 16.2 …

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Development Of A Novel Electrochemical Method To Deposit High Corrosion Resistant Silicate Layers On Metal Substrates, Basker Veeraraghavan, Bala Haran, Dragan Slavkov, Swaminatha Prabhu, Branko N. Popov, Bob Heimann Jan 2003

Development Of A Novel Electrochemical Method To Deposit High Corrosion Resistant Silicate Layers On Metal Substrates, Basker Veeraraghavan, Bala Haran, Dragan Slavkov, Swaminatha Prabhu, Branko N. Popov, Bob Heimann

Faculty Publications

A novel method for electrodepositing silicates on metallic substrates from aqueous solutions has been developed. The technique is demonstrated by forming a passive film on galvanized steel. The silicate layer was deposited cathodically from a bath containing PQ Corporation N sodium silicate solution (3.22 weight ratio sodium silicate, 37.5% solution in water). A post-treatment drying process increased the Si content in the coating and improved the corrosion characteristics of the silicate layer. Deposition parameters like bath concentration and temperature have been optimized using corrosion characteristics and surface morphology of the final coating. Finally, stability studies show that the silicate coatings …

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The Functions Of Justice And Anti-Justice In The Peacebuilding Process, Michael P. Scharf, Paul P. Williams Jan 2003

The Functions Of Justice And Anti-Justice In The Peacebuilding Process, Michael P. Scharf, Paul P. Williams

Faculty Publications

In our examination of the functions of justice in the peace-building process, we use the former Yugoslavia as an illustrative case study. Reference to the Yugoslavia experience provides a particularly useful touchstone for this analysis because in no other peace-building process in history has there been so much political emphasis placed on the need to employ the norm of justice, and so much energy devoted to creating and utilizing justice-based institutions. The Yugoslav conflict is a particularly fertile research ground for accurately assessing the role of justice in peace- building given the UN Security Council's creation of the United Nations …

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The Proposed Model Inter-Entity Transaction Act: A Proposal To Rationalize Changes In Forms Of Business Organizations, Thomas Geu, Robert Keatinge Jan 2003

The Proposed Model Inter-Entity Transaction Act: A Proposal To Rationalize Changes In Forms Of Business Organizations, Thomas Geu, Robert Keatinge

Faculty Publications

No abstract provided.

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Marriage On Tv, Mary E. Hess Jan 2003

Marriage On Tv, Mary E. Hess

Faculty Publications

While it is important for teachers of religion to consider how television portrays marriage, it may be even more important to consider how we use television and how we help people engage the media with critical perception. People of faith need to do a cultural intervention, providing a deep and sustaining vision of what marriage can be over time and in connection with community.

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