Digital Commons Network^™

The Impact Of Drugs Upon Sentencing Policy, Gerald F. Uelmen

Faculty Publications

No abstract provided.

Antitrust Immunity, The First Amendment & Settlements: Defining The Boundaries Of The Right To Petition, Raymond Shih Ray Ku

Faculty Publications

Specifically, this Article examines whether settlement agreements and consent decrees resulting from what would otherwise be immunized litigation are protected from antitrust scrutiny and liability under Noerr. In order to conduct this analysis, this Article develops a methodology for determining immunity by focusing the immunity examination upon the means used to petition government and the source of the alleged injuries. Ultimately, private conduct is immune from antitrust scrutiny when it represents a valid attempt to persuade an independent governmental decision-maker in an effort to solicit government action, and the alleged injuries result from that persuasive effort. The validity of any …

The World Trade Constitution, John O. Mcginnis, Mark L. Movsesian

Faculty Publications

Conventional wisdom holds that the World Trade Organization (WTO) necessarily poses a threat to sovereignty and representative government within its member nations. Professors McGinnis and Movsesian refute this view. They argue that the WTO can be understood as a constitutive structure that, by reducing the power of protectionist interest groups, can simultaneously promote international trade and domestic democracy. Indeed, in promoting both free trade and accountable government, the WTO reflects many of the insights that inform our own Madisonian Constitution. Professors McGinnis and Movsesian reject recent proposals to grant the WTO regulatory authority, endorsing instead the WTO's limited adjudicative power …

Special Division Agonistes, John Q. Barrett

Faculty Publications

When the independent counsel law sank, the casualties included a special "division" of the United States Court of Appeals for the District of Columbia Circuit. This division was the special court that Congress had created "for the purpose of appointing independent counsels." The now-expired 1994 independent counsel statute had, like its three predecessors, directed the Chief Justice of the United States to appoint three judges from the Supreme Court and/or the federal Courts of Appeals to serve on the special court for two-year terms. This independent counsel court, which was located for administrative purposes in the United States Court of …

The Special Constitutional Structure Of The Federal Impeachment Process, Michael J. Gerhardt

Faculty Publications

No abstract provided.

The Historical And Constitutional Significance Of The Impeachment And Trial Of President Clinton, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Silencing John Doe: Defamation And Discourse In Cyberspace, Lyrissa Lidsky

Faculty Publications

John Doe has become a popular defamation defendant as corporations and their officers bring defamation suits for statements made about them in Internet discussion fora. These new suits are not even arguably about recovering money damages but instead are brought for symbolic reasons — some worthy, some not so worthy. If the only consequence of these suits were that Internet users were held accountable for their speech, the suits would be an unalloyed good. However, these suits threaten to suppress legitimate criticism along with intentional and reckless falsehoods, and existing First Amendment law doctrines are not responsive to the threat …

Two Degrees Of Speech Protection: Free Speech Through The Prism Of Agricultural Disparagement Laws, Howard M. Wasserman

Faculty Publications

In the wake of a 1989 national television broadcast reporting the alleged cancer risk of a chemical applied to apples on trees, many states passed agricultural product disparagement (APD) statutes. These statutes grant civil causes of action to the growers and sellers of perishable food products, against anyone who speaks negatively or disparagingly, without basis in scientific evidence, about the product's safety. In this Article, Howard M Wasserman explores the interplay between the APD statutes and the First Amendment. First, Mr. Wasserman discusses the three categories of restrictions on the freedom of speech, focusing primarily on private civil tort actions …

Development Of A New Electrodeposition Process For Plating Of Zn-Ni-X (X = Cd, P) Alloys: I. Corrosion Characteristics Of Zn-Ni-Cd Ternary Alloys, Anand Durairajan, Bala S. Haran, Ralph E. White, Branko N. Popov

Faculty Publications

A new Zn-Ni-Cd plating process was developed which offers a unique way of controlling and optimizing the Ni and Cd contents in the final deposit. Zinc-nickel-cadmium alloy was deposited from a 0.5 M NiSO₄ + 0.2 M ZnSO₄ bath in the presence of 0.015 M CdSO₄ and 1 g/L nonyl phenyl polyethylene oxide. Using this process a Zn-Ni-Cd ternary alloy, with a higher nickel content as compared to that obtained from conventional Zn-Ni baths, was synthesized. The Zn-Ni-Cd alloy coatings deposited from an electrolyte containing 0.015 M (0.3%) CdSO₄ has a Zn to Ni ratio of …

Development Of A New Electrodeposition Process For Plating Of Zn‐Ni‐X (X = Cd, P) Alloys: I. Corrosion Characteristics Of Zn‐Ni‐Cd Ternary Alloys, Anand Durairajan, Bala S. Haran, Ralph E. White, Branko Popov

Faculty Publications

No abstract provided.

Computational Fluid Dynamics Modeling Of A Lithium/Thionyl Chloride Battery With Electrolyte Flow, W. B. Gu, C. Y. Wang, John W. Weidner, Rudolph G. Jungst, Ganesan Nagasubramanian

Faculty Publications

A two-dimensional model is developed to simulate discharge of a lithium/thionyl chloride primary battery. As in earlier one-dimensional models, the model accounts for transport of species and charge, and electrode porosity variations and electrolyte flow induced by the volume reduction caused by electrochemical reactions. Numerical simulations are performed using a finite volume method of computational fluid dynamics. The predicted discharge curves for various temperatures show good agreement with published experimental data, and are essentially identical to results published for one-dimensional models. The detailed two-dimensional flow simulations show that the electrolyte is replenished from the cell head space predominantly through the …

Development Of A New Electrodeposition Process For Plating Of Zn-Ni-X (X = Cd, P) Alloys: Permeation Characteristics Of Zn-Ni-Cd Ternary Alloys, A. Durairajan, B. S. Haran, Ralph E. White, Branko N. Popov

Faculty Publications

It is shown that an electrodeposited Zn-Ni-Cd alloy coating produced from sulfate electrolyte inhibits the discharge of hydrogen on carbon steel. The newly developed ternary alloys have approximately ten times higher corrosion resistance when compared to a Zn-Ni alloy. Hydrogen permeation characteristics of Zn-Ni-Cd alloy coatings were studied and compared with those of a bare and a Zn-Ni alloy coated steel. The transfer coefficient, a, exchange current density, io, thickness dependent adsorption-absorption rate constant, k0, recombination rate constant, k3, surface hydrogen coverage, θH, were obtained by applying a mathematical model to experimental results. Alloys obtained from baths containing higher concentration …

Policing Diversity: Lessons From Lambeth, A. Benjamin Spencer, Michael Hough

Faculty Publications

This report describes a local initiative, Policing Diversity in Lambeth (PDL), which was developed to address the challenges of policing a highly ethnically diverse population.

The report is timely. The report of the Macpherson Inquiry into the death of Stephen Lawrence has substantially redrawn the policy landscape in relation to policing and race issues. The Home Secretary’s priorities for policing in 2000-1 emphasise the need for improved community relations. The follow-up report by Her Majesty’s Inspectorate of Constabulary, ‘Winning the Race Revisited’, further stressed the need for urgent action. Parallel with these developments, the 1998 Crime and Disorder Act imposed …

The Perils Of Presidential Impeachment, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Courtroom Technology, A Judicial Primer, Fredric I. Lederer

Faculty Publications

No abstract provided.

The Culture Of Belief And The Politics Of Religion, William P. Marshall

Faculty Publications

No abstract provided.

High Speed Access: Micro Radio, Action, And Activism On The Internet, Ted M. Coopman

Faculty Publications

During the spring and summer of 1999, the Low Power Radio Service Notice of Proposed Rulemaking (NPRM) by the Federal Communication Commission (FCC) recently drew a record number of responses. Several thousand people from all over the country participated in what has traditionally been the purview of major corporations and institutions, including 1120 individuals who signed the Micro Radio Empowerment Coalition comments. This paper examines that response and its implications for the micro radio and other activist movements. The Internet played an important role not only in filing responses, but in drafting and signing responses as well. For example, the …

Fantasy And Purchasing Power: The World Wide Web As A Utopian Space And The New Capitalist Arena, Cheyla Samuelson

Faculty Publications

A review of The World Wide Web and Contemporary Cultural Theory by Andrew Herman.

Who Exactly Is Living La Vida Loca: The Legal And Political Consequences Of Latino-Latina Ethnic And Racial Stereotypes In Film And Other Media, Ediberto Román

Faculty Publications

This piece, however, will not simply expose the insidious stereotypes of Latinas and Latinos. It will undertake the more involved task of drawing a nexus between the societal prejudice which leads to the stereotyping and the legal and political consequences that result from it. Specifically, I argue that these media images, myths, metaphors, and stereotypes play a critical role in establishing society's vision of Latinas and Latinos. In other words, these stereotypes serve to reinforce both the characterizations of Latinas and Latinos from the perspectives of both the dominant and the dominated. These stereotypes, in turn, foster and perpetuate two …

A Race Approach To International Law (Rail): Is There A Need For Yet Another Critique Of International Law, Ediberto Román

Faculty Publications

This work reviews an important shortcoming of the dominant public international paradigm and the recent methodical responses to that edifice. Specifically, this article argues that issues of race have not been significantly addressed in international law discourse. In particular, this Article notes that in the theoretical discourse some writers have discussed race, but the thrust of the discourse marginalizes the importance of race. In the practice of international law, people of color are affected but rarely recognized in policy debates. Additionally, this work attempts to explain how a discourse that positions race at the center of the discourse increases the …

Elisión De La /D/ Intervocálica Postónica, Orlando Alba

Faculty Publications

Los testimonios que confinnan el desarrollo del proceso de debilitamiento y la subsecuente desaparición de la consonante /d/ intervocálica en español, se remontan a fechas muy antiguas. En la actualidad, frente a palabras que han conservado la /d/, como crudo (de crudu), nido (de nidu), hay otras donde se ha perdido, como oir (de audire), creer (de credere), pie (de pede(m)). Sin embargo, las demás sonoras, /b, g/, se han conservado con mayor regularidad. Se trata de un fenómeno revelador de que posiblemente las dentales se caractericen por un grado menor de fuerza consonántica que las labiales o las velares.

Proclamation-Based Principles Of Parenting And Supportive Scholarship, Craig H. Hart, Lloyd D. Newell, Lisa L. Sine

Faculty Publications

How parents view the nature of a child and their own role as parents has great influence over the life of that child. Many perspectives about the nature of children have arisen in the course of Western Civilization that have shaped childrearing practices for centuries, including the increasingly accepted scholarly view that parents matter relatively little in children’s lives. (2) This chapter emphasizes inspired, eternal principles that are supported by empirical and conceptual scholarship, which suggests that optimal parenting does indeed matter in children’s lives.

Russian Parenting Styles And Family Processes: Linkages With Subtypes Of Victimization And Aggression, Craig H. Hart, David A. Nelson, Clyde C. Robinson, Susanne F. Olson, Mary Kay Mcneilly-Choque, Christin L. Porter, Trevor R. Mckee

Faculty Publications

Political changes in the former Soviet Union have allowed social scientists to explore a variety of family and child development issues that were closed to systematic investigation for many decades (Maddock, Hogan, Antonov, & Matskovsky, 1994). Prior Soviet psychological research focused on cognitive rather than socioemotional processes for political reasons (Kerig, 1996). Therefore, Western researchers had little opportunity to conduct research on children’s social development in the context of the family in the former Soviet Union.

The Special Constitutional Structure Of The Federal Impeachment Process, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Privacy, Cyberspace, And Democracy: A Case Study, Michael J. Gerhardt

Faculty Publications

No abstract provided.

A Primer For The First-Time Law Dean Candidate, Robert H. Jerry Ii

Faculty Publications

This article identifies fourteen principles of which the first-time dean candidate should be mindful. The prescriptions are aspirational in nature, and the article suggests the reader engage in some introspection about which of the fourteen items are most applicable on a personal level.

Regulation Of Signal Transducers And Activators Of Transcription (Stats) By Effectors Of Adipogenesis: Coordinate Regulation Of Stats 1, 5a, And 5b With Peroxisome Proliferator-Activated Receptor-Γ And C/Aaat Enhancer Binding Protein-Α, William C. Stewart, Ron F. Morrison, Sherry L. Young, Jacqueline M. Stephens

Faculty Publications

We have recently demonstrated that three signal transducers and activators of transcription (STAT) family members are induced during adipocyte differentiation (Stephens et al., J. Biol. Chem. 271 (1996) 10441- 10444). Since STATs 1, 5A, and 5B are induced during adipocyte differentiation, we have examined the ability of these proteins to be regulated by components of the differentiation cocktail. In addition, we have examined the effects of potent effectors of differentiation on STAT protein expression during adipogenesis. A negative effector, tumor necrosis factor-α (TNFα), and a positive effector, a thiazolidinedione, were used in these experiments. Our results demonstrate that the expression …

Annotated Bibliography Of Research In The Teaching Of English, Deborah Brown, Wayne Martino, Gert Rijlaarsdam, Anne D'Antonio Stinson, Melissa E. Whiting

Faculty Publications

Twice a year in die May and November issues, RTE publishes a selected bibliography of recent research in the teaching of English. Most of the studies appeared during the six-month period preceding the compilation of the bibliography (January through June, 1999, for the present bibliography), but some studies that appeared earlier are occasionally included. The listing is selective; we make no attempt to include all research and research-related articles that appeared in the period tinder review Comments on the bibliography and suggestions about items for inclusion may be directed to the bibliography editors. We encourage you to send your suggestions …

Factitious Disorders And Trauma-Related Diagnoses, Daniel Brown, Alan Scheflin

Faculty Publications

The recent plethora of lawsuits involving allegations of iatrogenically implanted memories of satanic ritual abuse and other traumas has highlighted the existence of a unique group of psychiatric patients. Although these patients are often successful at deceiving therapists (and sometimes juries), the case studies in this special issue reveal the chronic nature of their propensity to invent traumatic identities and past histories. The core clinical features of affect dysregulation, somatization, and impaired object relations, together with frequent histories of alcohol and substance abuse, parallel the psychiatric co-morbidity frequently found in genuine trauma victims. These case studies also point to early …

Delaware's Capital Jury Selection: Inadequate Voir Dire And The Problem Of Automatic Death Penalty Jurors, Adam M. Gershowitz

Faculty Publications

No abstract provided.