Digital Commons Network^™

Lessons In Leadership From Lincoln The Lawyer, Barry Vickrey

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.

The Ex Post Facto Clause, Paul C. Giannelli

Faculty Publications

No abstract provided.

When Should Contract Law Supply A Liability Rule Or Term?: Framing A Principle Of Unification For Contracts, Juliet P. Kostritsky

Faculty Publications

To demonstrate the need for a unified instrumental framework for deciding gaps and implying liability rules, Part II of this Article will first describe the competing visions of the role of law in contract gap-filling. Although each vision has expanded the ways in which we think about contracts and has offered more realistic models of bargaining, each still fails to offer a unified framework for deciding how courts should decide *1290 incomplete contracts. Part III of the Article outlines the methodological framework for unifying judicial approaches to law-supplied terms or rules. The framework will incorporate a: (1) realistic model of …

A Theory Of Claim Interpretation, Craig Allen Nard

Faculty Publications

This article explores the proper scope of judicial power in patent law by focusing on the Federal Circuit's theories of claim interpretation. A study of the court's claim interpretation jurisprudence reveals two schools of interpretation. I characterize these approaches as (1) hypertextualism, which is the predominant interpretative theory; and (2) pragmatic textualism, which is gradually asserting itself. The hypertextualist judge has an expansive view of judicial power, characterizing claim interpretation as a question of law subject to de novo review. This highly formalistic approach stresses textual fidelity and internal textual coherence, but eschews extrinsic evidence as an interpretive tool, portraying …

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 …

More Sorry Than Safe: Assessing The Precautionary Principle And The Proposed International Biosafety Protocol, Jonathan H. Adler

Faculty Publications

Part I of this paper provides a brief overview of the development of biotechnology, its regulation and its use, with a particular emphasis on agricultural biotechnology. Part II outlines the United Nations Convention on Biological Diversity, which provides an international legal framework for a biosafety protocol and summarizes the results of recent protocol negotiations, such as those conducted in Cartagena, Colombia in February 1999, which continued in Montreal in January 2000. Part III explains why the proposed protocol embodies a variant of the precautionary principle and why such policies may do more harm than good. This paper concludes with some …

Geographic Alliance Of Iowa. Lesson Plans, Kay E. Weller, Nancy Howe-Ford

Faculty Publications

This collection of five lesson plans in geography can be adapted for use with K-12 students. Each lesson plan explains the lesson and provides basic instructions. The lesson plans are titled: "Teaching Geography Using Literature in K-University Classrooms" (Kay Weller); "Geography and a Mystery Novel" (Kay Weller); "Understanding Latitude and Longitude" (Kay Weller); "Mississippi River Cruise" (Kay Weller); and "Create a Magazine Project" (Nancy Howe-Ford). (BT)

Reinvigorating Chapter 11: The Case For Reinstating The Stock-For-Debt Exception In Bankruptcy, Michelle A. Cecil

Faculty Publications

This Article suggests that such a proposal will harmonize the bankruptcy policy of rehabilitating financially distressed corporations with the tax policy of ensuring that true economic income is subject to federal income taxation.27 Parts II and III of this Article will trace the common law evolution of the stock-for-debt exception and its statutory codification in 1980, with particular emphasis on the stated policy justifications for the exception. Part IV will then examine the history of the repeal of the stock-for-debt exception, demonstrating that the repeal was the result of hasty political maneuvering rather than reasoned legislative decision-making. In Part V, …

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 …

A Generation Spent Studying The U.S. Courts Of Appeals: A Chronology, Thomas E. Baker

Faculty Publications

No abstract provided.

Studies On The Capacitance Of Nickel Oxide Films: Effect Of Heating Temperature And Electrolyte Concentration, Venkat Srinivasan, John W. Weidner

Faculty Publications

Nickel oxide films were prepared by electrochemically precipitating the hydroxide and heating it in air to form the oxide. The resulting oxide films behave as a capacitor. The capacitance of the oxide depends on the heating temperature, showing a maximum at 300°C. The mechanism of charge storage was studied by measuring the capacitance and surface area as a function of heating temperature, and the capacitance in different electrolytes and potential windows. The charge-storage mechanism is believed to be a surface redox reaction involving adsorbed hydroxyl ions.

Food Resources Of Stream Macroinvertebrates Determined By Natural-Abundance Stable C And N Isotopes And A 15n Tracer Addition, Patrick J. Mulholland, Jennifer L. Tank, Diane M. Sanzone, Wilfred M. Wollheim, Bruce J. Peterson, Jackson R. Webster, Judy L. Meyer

Faculty Publications

Trophic relationships were examined using natural-abundance 13C and 15N analyses and a 15N-tracer addition experiment in Walker Branch, a 1st-order forested stream in eastern Tennessee. In the 15N-tracer addition experiment, we added 15NH4, to stream water over a 6-wk period In early spring, and measured 15N:14N ratios in different taxa and biomass compartments over distance and time. Samples collected from a station upstream from the 15N addition provided data on natural-abundance 13C:12C and 15N:14N ratios. The natural-abundance 15N analysis proved to be of limited value in identifying food resources of macroinvertebrates because 15N values were not greatly different among food …

Exercising The Right To Public Accommodations: The Debate Over Single-Sex Health Clubs, Miriam A. Cherry

Faculty Publications

(Excerpt)

Recently, the debate over single-sex health clubs gained national attention when a patent attorney, James Foster, sued for admission to Healthworks, a Massachusetts all-women's health club. One day in 1996, Foster entered the club, which was located close to his Boston condominium, and asked for a tour and an application for membership. The club employees, however, refused him a tour, informing him that Healthworks did not admit men. Shortly thereafter, Foster filed a discrimination claim with the Massachusetts Commission Against Discrimination contending that Healthworks had violated the Massachusetts public accommodations statute. He won at the administrative hearing, and Healthworks …

On The Evolution Of The Canonical Dissent, Anita S. Krishnakumar

Faculty Publications

Legal theorists increasingly have come to recognize and study the existence of a constitutional canon composed of highly authoritative legal texts that command special reverence in the law. Among these highly authoritative texts are a series of dissenting opinions—e.g., Justice Holmes's in Lochner v. New York, and Justice Harlan's in Plessy v. Ferguson—that ironically are more famous than the majority opinions in most other cases. This Article examines the evolution of the dissenting canon, seeking to explain both the methods by which various dissenting opinions became canonized and the motivating factors behind these canonizations.

Specifically, the Article argues that the …

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 …

American Lawyers And International Competence, Charlotte Ku, Christopher J. Borgen

Faculty Publications

Just over ten years ago, Germans tore down a wall that divided their country and the whole of Europe. Stepping through the hole in the Berlin Wall, they took the first steps towards the reunification of West and East Germany and the end of the Cold War. Today another wall is being torn down—that between purely domestic law and international law. Companies are engaged in international trade at ever increasing rates. Environmental degradation has proved to be a global problem that cannot be solved with uncoordinated local measures. Individuals worldwide are pressing their governments for the recognition of a common …

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 …

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 …

Ni-Composite Microencapsulated Graphite As The Negative Electrode In Lithium-Ion Batteries Ii: Electrochemical Impedance And Self-Discharge Studies, P. Yu, James A. Ritter, Ralph E. White, Branko N. Popov

Faculty Publications

Electrochemical impedance and self-discharge studies were carried out to investigate lithium intercalation into bare and Ni-coated KS10 graphite. Values of the charge-transfer resistances, exchange current densities, surface film resistances, and lithium-ion diffusion coefficients as functions of the state of charge (SOC) all favored the 10 wt % Ni composite KS10 graphite over bare KS10 graphite when these materials were used as the negative electrode in a Li-ion cell with mixed organic electrolyte. The charge-transfer resistances were always lower and gave rise to between 26 and 27% larger exchange current densities, which increased from 137 to 614 mA/g as the SOC …

Cardiovascular Disease Prevention By Sports: Myth Or Reality?, Maria João C. A. Almeida, Steven N. Blair

Faculty Publications

Low levels of physical activity and fitness substantially increase risk of several chronic diseases, reduce longevity, and lead to loss of function. The strength and relation of inactivity to health problems and the high prevalence of sedentary habits in most countries of the world make lack of exercise a major public health problem. Fortunately, there is now good consensus regarding public health recommendations for physical activity from many important medical, scientific, and public health organizations. Recent research on physical activity interventions provides additional approaches to helping sedentary adults become more physically active.

A Semianalytical Method For Predicting Primary And Secondary Current Density Distributions: Linear And Nonlinear Boundary Conditions, Dhanwa Thirumalai, Ralph E. White

Faculty Publications

No abstract provided.

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 …

Modeling Lithium Intercalation Of A Single Spinel Particle Under Potentiodynamic Control, Dong Zhang, Branko N. Popov, Ralph E. White

Faculty Publications

A mathematical model is presented for the lithium intercalation of a single spinel particle as a microelectrode under the stimulus of a cyclic linear potential sweep. The model includes both lithium diffusion within the particle and kinetics at the particle/electrolyte interface. The model is used to predict that peak current densities depend linearly on the scan rate to a certain power with a constant term, which is different from the predicted peak current density for a conventional redox system.

Shrinking Core Model For The Discharge Of A Metal Hydride Electrode, Venkat R. Subramanian, Harry J. Ploehn, Ralph E. White

Faculty Publications

A shrinking core model is presented for the galvanostatic discharge of a metal hydride particle. A quantitative criterion for when the shrinking core can be completely neglected or approximated by a pseudosteady-state solution is presented. The effect of shrinking of the core on the discharge behavior of a metal hydride particle is also studied.

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

Faculty Publications

No abstract provided.

Taking Economic Equality Off The Table, Gene R. Nichol

Faculty Publications

No abstract provided.