Digital Commons Network^™

International Human Rights Protection Against Psychiatric Political Abuses, George J. Alexander

Faculty Publications

No abstract provided.

The Context Of Employment Discrimination In Japan, Allen Madison

Faculty Publications

This article compares employment practices and laws regarding discrimination in Japan to those in the United States. Then it compares the cultural contexts in which discrimination and related regulation exist in each country. The article concludes that the Japanese laws are effective in the context of Japanese culture and that they are more likely to change Japanese attitudes about age, race, and gender in making hiring and promotion decisions than laws in the United States.

The Case For A Permanent International Truth Commission, Michael P. Scharf

Faculty Publications

This Article presents the case for the establishment of a permanent international truth commission as an adjunct to a permanent international criminal court or domestic prosecutions. Such a commission would be available to countries in the aftermath of situations involving grave humanitarian or human rights crimes. From the experience of the several international and national truth commissions established to date, this Article seeks to distill a framework for a pro- posed permanent international truth commission which would avoid the major problems that afflicted its predecessors. A draft statute for a permanent international truth commission is appended at the end of …

Model-Driven Simulation Of World-Wide-Web Cache Policies, Ying Shi, Edward Watson, Ye Sho Chen

Faculty Publications

The World Wide Web (WWW) has experienced a dramatic increase in popularity since 1993. Many reports indicate that its growth will continue at an exponential rate. This growth has created a tremendous increase in network loads and user response times. The complexity and diversity of many WWW documents (e.g., texts, images, video, audio, etc.) and the diversity of user requested WWW information require sophisticated WWW cache management strategies. Several popular WWW cache algorithms perform rather poorly and lack mathematical or empirical foundations. As a result, WWW system administrators and browser users are forced to arbitrarily define certain important cache parameters. …

The Puzzling Purposes Of Statutes Of Limitation, Tyler T. Ochoa, Andrew Wistrich

Faculty Publications

One hundred years ago, Oliver Wendell Holmes, Jr. asked, "What is the justification for depriving a man of his rights, a pure evil as far as it goes, in consequence of the lapse of time?" A century later, we are still searching for a satisfactory answer to that question. The purpose of this Article is to press that inquiry further.

The law of limitation of actions is the set of legislatively and judicially created legal rules-including the classification of claims, the duration of limitation periods, the applicable principles of accrual and tolling, and the like-that determine whether a claim is …

Defiling The Dead: Necrophilia And The Law, Tyler T. Ochoa, Christine Jones

Faculty Publications

This article will examine the issue of criminal liability for necrophilia. Part II will address necrophilia in general and will discuss briefly why society finds such acts reprehensible. Part III will discuss existing criminal prohibitions against necrophilia in California and other states. Part IV will discuss the evidentiary use of necrophilia in proving other crimes. Finally, Part V will evaluate proposed legislation outlawing necrophilia.

Race, Religion, And Cultural Identity: Reconciling The Jurisprudence Of Race And Religion, Tseming Yang

Faculty Publications

No abstract provided.

The Intellectual Property Renaissance In Cyberspace: Why Copyright Law Could Be Unimportant On The Internet, Eric Goldman

Faculty Publications

No abstract provided.

Stories From The Gender Garden: Transsexuals And Anti-Discrimination Law, Patricia A. Cain

Faculty Publications

Federal antidiscrimination law (Title VII) and most state antidiscrimination laws do not apply to discrimination against transsexual persons. The standard legal analysis is that such discrimination is not discrimination on the basis of "sex." This article employs a narrative method in order to raise the reader's consciousness about the lives of transsexual and transgendered persons. Specifically, the article focuses on the stories of female-to-male transsexuals (FTMs) and other females who have embraced male attributes (e.g., butch lesbians). The very existence of many FTMs who are part-male and part-female challenges the bipolar nature of our current sex jurisprudence which assumes that …

Race And Property Values In Entrenched Segregation, Margalynne J. Armstrong

Faculty Publications

No abstract provided.

How To Encourage Global Electronic Commerce: The Case For Private Currencies On The Internet, Kerry L. Macintosh

Faculty Publications

No abstract provided.

Twisted Interests: People In Interest Of S.A.H. And The State Of Open Adoptions In South Dakota, Thomas Simmons

Faculty Publications

In People in Interest of S.A.H., the South Dakota Supreme Court held that open adoptions, or post-adoption visitation by the natural parents, while not prohibited under South Dakota law when in the best interests of the child, should only be mandated when the trial court finds that it is in the best interests of the child by clear and convincing evidence. The court also instructed trial courts to weigh the needs of the child, the effect on integration with the new family, and the potential effect on the pool of other prospective adoptive parents. This decision, while securing judicial enforcement …

Internet-Based Agents: Applications And Infrastructure, Munindar P. Singh, Michael N. Huhns

Faculty Publications

Software agents are mitigating the complexity of modern information systems—technically by providing a locus for managing information subsets, and psychologically by providing an abstraction for human interaction with them.

Goethe's Die Leiden Des Jungen Werthers: An Epistolary Novel, Or A Stage Drama In Disguise?, Ilona Klein

Faculty Publications

Photography of the late 1920s generated repercussions in other fields of the arts. It sparked an interdisciplinary interest in critics who balked at viewing the frozen images as merely one moment's reality, and who wanted, instead, to recompose and integrate underlying cultural, literary, or political discourse within the photographic frame. This fertile interdisciplinary backing guaranteed an in-depth interpretative dissection of artistic expression which had not been previously possible. The small photograph, a still visual image, became connected to the larger visual images of stage sets-these, a series of visual, immobile backgrounds which framed the caracters acting within.

Whoever Fights Monsters Should See To It That In The Process He Does Not Become A Monster: Hunting The Sexual Predator With Silver Bullets -- Federal Rules Of Evidence 413-415 -- And A Stake Through The Heart -- Kansas V. Hendricks, Joelle A. Moreno

Faculty Publications

No abstract provided.

Genetics, Iq, Determinism, And Torts: The Example Of Discovery In Lead Exposure Litigation, Jennifer Wriggins

Faculty Publications

This article discusses a disturbing development in tort litigation in which defendants use deterministic, genetics-based ideas about individuals and their families to undercut and deflect attention from personal injury claims. Lead exposure litigation involving cognitive injuries claimed on behalf of children who have ingested lead paint is the context of this development. The most extreme manifestation to date has been the efforts in several states to compel relatives of lead-exposed children (usually mothers) to have IQ and psychological testing, even though they are not parties to the litigation. Rule 35 of the Federal Rules of Civil Procedure and its state …

The End Of Busing?, Davison M. Douglas

Faculty Publications

No abstract provided.

Setting Standards For Parenting - By What Right?, James G. Dwyer

Faculty Publications

Mental health professionals, like other professionals involved in family
matters, feel constrained when advocating for the interests of children by the belief
that parents are entitled to custody and control of their children's lives, regardless of
what others may think of their parenting behavior, absent severe harm to the children.
This belief is morally untenable, and the legal doctrine of parental rights that is its
concrete embodiment is inconsistent with other well-established legal principles and
should be abandoned. Children alone should have legal rights in connection with their
upbringing, and those rights should include an entitlement to much higher standards …

The Interactive Constitution: An Essay On Clothing Emperors And Searching For Constitutional Truth, Neal Devins

Faculty Publications

No abstract provided.

The Limits Of Law In Accomplishing Racial Change: School Segregation In The Pre-Brown North, Davison M. Douglas

Faculty Publications

No abstract provided.

Price Theory And Vertical Restraints: A Misunderstood Relation, Alan J. Meese

Faculty Publications

The Chicago School of antitrust analysis has exerted a strong influence over the law of vertical restraints in the past two decades, leading the Supreme Court to abandon much of its traditional hostility toward such agreements. Chicago's success has provoked a vigorous response from Populists, who support the traditional approach. Chicago, Populists claim, has improperly relied upon neoclassical price theory to inform the normative and descriptive assumptions that drive its analysis of trade restraints generally and of vertical restraints in particular. This reliance is misplaced, Populists assert, because the real world departs from that portrayed by price-theoretic models and, at …

The Poor Image Of The Profession And The Ethical Pressures On The Modern Lawyer, Rodney A. Smolla

Faculty Publications

No abstract provided.

The Fictions Of Latin American Law(Part I), Jorge L. Esquirol

Faculty Publications

No abstract provided.

The Influence Of Decision Aids On User Behavior: Implications For Knowledge Acquisition And Inappropriate Reliance, Steven M. Glover, Douglas F. Prawitt, Brian C. Spilker

Faculty Publications

Structured decision aids are widely used in many organizational settings, and their influence on judgment consistency and accuracy have received considerable attention in the literature. While two benefits commonly associated with decision aid use are improved judgment and enhanced expertise development, relatively little attention has been directed toward the potential influence of decision aids on decision maker behavior. In particular, we argue that the use of structured aids may influence relatively inexperienced decision makers to approach aided tasks mechanistically, without becoming actively involved in the task or judgment. Such passive decision behavior may, in some situations, threaten gains in performance …

The Ability Of Children With Specific Language Impairment To Participate In A Group Decision Task, Lee Robinson, Martin Fujiki, Bonnie Brinton, Valyne J. Watson

Faculty Publications

This study examined the ability of 6 children with specific language impairment (SLI), ages 8:10 to 12:5 (years; months), to participate in a group negotiation task. Each child interacted with two peers to select toys that children their age would enjoy. Performance was compared to both chronological age-similar (CS) peers and language similar (LS) peers performing the same task. Analyses of the resulting interactions indicated that subjects with SLI produced significantly fewer utterances than the other children in the triad. Similar differences were not observed in the CS or LS triads. Additionally, significantly fewer utterances were addressed to the children …

An Evaluation Of The Clinical Utility Of The College Adjustment Scales, Timothy B. Smith, Mark A. Nafziger, Gwenna C. Couillard

Faculty Publications

Comparisons of College Adjustment Scales (CAS) profiles with interview data from 748 clients generally supported the clinical usefulness of the CAS, although further refinements appear warranted.

Improved Heterogeneous Distance Functions, Tony R. Martinez, D. Randall Wilson

Faculty Publications

Instance-based learning techniques typically handle continuous and linear input values well, but often do not handle nominal input attributes appropriately. The Value Difference Metric (VDM) was designed to find reasonable distance values between nominal attribute values, but it largely ignores continuous attributes, requiring discretization to map continuous values into nominal values. This paper proposes three new heterogeneous distance functions, called the Heterogeneous Value Difference Metric (HVDM), the Interpolated Value Difference Metric (IVDM), and the Windowed Value Difference Metric (WVDM). These new distance functions are designed to handle applications with nominal attributes, continuous attributes, or both. In experiments on 48 applications …

Dirt Behind Our Ears, By Pfc. Arthur N. Wilkins, Steven D. Smith

Faculty Publications

A review of Dirt Behind Our Ears, by PFC. Arthur N. Wilkins.

Truth Or Consequences: A Study Of Critical Issues And Decision Making In Accounting, Annetta M. Gibson, Albert H. Frakes

Faculty Publications

This study applies a theoretical framework, the theory of reasoned action, to the examination of unethical decision making in job-related situations encountered by CPAs. A survey methodology was employed in which respondents were asked to use both self-reported and randomized response techniques for reporting unethical behavior. The results indicate that individuals are unwilling to accurately report either unethical behavior or intention, particularly in situations where there is no question as to the unacceptability of the action or the potential penalty as presented in the AICPA Code of Professional Conduct. Implications for the accounting profession and research are discussed.

The Japanese Civil Service And Economic Development: Catalysts Of Change Eds. Hyung-Ki Kim, Michio Muramatsu, And T. J. Pempel, Robert C. Angel

Faculty Publications

No abstract provided.