Digital Commons Network^™

Fiduciary Duties Of Officers And Directors Of Distressed Corporations, Royce De R. Barondes

Faculty Publications

This Article argues that this widely-accepted premise for analyzing the incentives created by various alternative structures of federal bankruptcy law is suspect.

The Right Mix, Richard C. Reuben

Faculty Publications

This edition of Dispute Resolution Magazine explores several aspects of the problem. It begins with a debate between Jean Sternlight and Theodore 0. Rogers over the propriety of mandatory predispute arbitration processes in the consumer and employment contexts, followed by a proposal by Terry Trantina for a "constructive compromise" regarding the general validity of arbitration agreements in contracts of adhesion.

This trio of essays is followed by articles on two major arbitration reform efforts. The first, by Thomas J. Stipanowich and J. Clark Kelso, discusses the rise of protocols and other industry standards intended to bring fairness to the arbitratica …

The Establishment Clause As A Structural Restraint On Governmental Power, Carl H. Esbeck

Faculty Publications

This Article inquires into whether the singular purpose of the Establishment Clause is to secure individual rights, as is conventionally believed, or whether its role is more properly understood as a structural restraint on governmental power. If the Clause is indeed structural in nature, then its task is to negate from the purview of civil governance all matters "respecting an establishment of religion." Conceptualizing the role of the Establishment Clause as either rights-securing or structural has profound consequences for the nation's constitutional settlement concerning the interrelationship of government and religion.

The Value Of Narrative In Legal Scholarship And Teaching, Jean C. Love

Faculty Publications

Storytelling-particularly storytelling written from an "outsider's" perspective-is a new form of legal writing that appears with increasing frequency on the pages of law reviews and specialized legal journals. At the same time, critics are questioning whether storytelling deserves to be classified as a form of legal scholarship. Perhaps storytellers are to be regarded as talented and creative writers, but do they truly deserve to be called legal scholars? At first, the debate was local, arising in the context of the deliberations of appointments committees and tenure committees. Now the debate is national, and it is being conducted on the pages …

Epithets As Antilogophoric Pronouns, Stanley William Dubinsky, Robert Hamilton

Faculty Publications

No abstract provided.

Justice Blackmun, Franz Kafka, And Capital Punishment, Martha Dragich

Faculty Publications

The Article discusses the problem of judging death penalty cases, comparing Justice Blackmun's death penalty jurisprudence to the struggle of a character in Kafka's story. It focuses on three critical moments in the decisional process--hesitation, decision, and escape--and assesses Justice Blackmun's performance at each step. It concludes that although Justice Blackmun's views remained consistent throughout his judicial career, his death penalty legacy is equivocal, and in some important respects, unsatisfying.

The Challenge Of Prosecuting Organized Crime In The United States: Procedural Issues, Paul Marcus

Faculty Publications

No abstract provided.

Commercial Codification As Negotiation, Peter A. Alces, David Frisch

Faculty Publications

No abstract provided.

Book Review Of Forced Justice: School Desegregation And The Law And Race Relations Litigation In An Age Of Complexity, Davison M. Douglas

Faculty Publications

No abstract provided.

Court Interpreting Services In State And Federal Courts: Reasons And Options For Inter-Court Coordination, William E. Hewitt, Paula Hannaford-Agor, Catherine Gill, Melissa Cantrell

Faculty Publications

In 1978 a federal law marked the beginning of standard setting and professionalization of court interpreters through testing. In 1995, an entity now called the Consortium for State Court Interpreter Certification was created by the National Center for State Courts and four founding states (Minnesota, New Jersey, Oregon, and Washington.) The Consortium was created as a way to ameliorate shortages of resources and expertise to implement standards for interpreting proficiency at the state level, problems shared by virtually all of the states. Now, as a consequence of institutionalization, a forum has been created wherein exchange of information and expertise, and …

The Mouse Deafness Locus (Dn) Is Associated With An Inversion On Chromosome 19, Ana M. Viñas, Stacy S. Drury, Margaret M. Deangelis, Zhining Den, Jer Min Huang, Charles I. Berlin, Jay D. Hunt, Mark A. Batzer, Prescott L. Deininger, Bronya J.B. Keats

Faculty Publications

Recombination data for the mouse deafness locus (dn) on chromosome 19 are consistent with the presence of an inversion for which one of the breakpoints is between D19Mit14 and D19Mit96, a distance of less than 226 kb. Fluorescence in situ hybridization studies using a bacterial artificial chromosome on interphase (G1) nuclei provide additional support for the presence of an inversion. The dn gene is probably the orthologue of the human DFNB7/DFNB11 gene on chromosome 9. Copyright (C) 1998 Elsevier Science B.V.

Chromium Oxides And Lithiated Chromium Oxides. Promising Cathode Materials For Secondary Lithium Batteries, Pankaj Arora, Dong Zhang, Branko N. Popov, Ralph E. White

Faculty Publications

Chromiumoxides and lithiated chromium oxides were synthesized by thermal decompositionof chromium trioxide (CrO₃) at high temperatures and oxygen pressures.Synthesis temperature and pressure markedly affect the performance of thesecathode materials. Higher pressures lead to a higher O/Cr ratioand fewer impurities in the final product. These materials arestable intercalation hosts for lithium, and exhibit a higher capacitythan any of the prominent positive electrodes used in secondarylithium batteries. m-CrO_x has a capacity of 255 mAh/g, while m-LiCrO_xhas a capacity of 210 mAh/g, during the first discharge. Theaverage voltage of these cells is 3.0 V vs. Li/Li …

An Analysis Of Temperature Dependent Photoluminescence Line Shapes In Ingan, John S. Colton, K. L. Teo, P. Y. Yu, E. R. Weber, M. F. Li, W. Lui, K. Uchida, H. Tokunaga, N. Akutsu, K. Matsumoto

Faculty Publications

Photoluminescence (PL) line shapes in InGaN multiple quantum well structures have been studied experimentally and theoretically between 10 and 300 K. The higher temperature PL spectra can be fitted qualitatively with a thermalized carrier distribution and a broadened joint-density-of-states. The low temperature PL line shapes suggest that carriers are not thermalized, as a result of localization by band-gap fluctuations. We deduce a localization energy of ~7 meV as compared with an activation energy of ~63 meV from thermal quenching of the PL intensity. We thus conclude that this activation energy and the band-gap fluctuation most likely have different origins.

Metal-Based Chirality And Spin State Change In 16-Electron Cpml2 Systems: A Computational Study Of Cpw(No)(Ph3), Kevin M. Smith, Rinaldo Poli, Peter Legzdins

Faculty Publications

Density functional theory calculations indicate that CpW(NO)(PH3) possesses a planar triplet ground state, a result with significant implications for the inversion of configuration of 16e, d6 CpML2 species.

Educating Nomads: Narratives And The Future Of Civic Education, Melvin J. Dubnick

Faculty Publications

The concern for civic education has re-entered the mainstream agenda of American political science. The primary task is to consider what should be done to “reach” the next generation of students. Most efforts in this regard have operated under the assumption that students of the future will be like students of the past. Based on this view, the problem is most often regarded as a matter of selecting an effective way to disseminate relevant knowledge. In this paper I argue for operating on a different set of assumptions, i.e. that we need to take seriously the emergence of the new …

Library Home Page Design: A Comparison Of Page Layout For Front-Ends To Arl Library Web Sites, David L. King

Faculty Publications

The author examined the home pages of all 120 libraries in the Association of Research Libraries (ARL) in order to compare design similarities and differences. This was accomplished by first filling out a questionnaire on each home page and then tabulating the findings using simple averages and medians. Areas examined were: backgrounds, document headers, document footers, document body, page length, number of steps to library home page from parent institution Web site, and domain name servers. A typical home page is discussed using the averages of these results.

Pareto Optimality And The Rule Of Law, Noel B. Reynolds

Faculty Publications

In 1959, James M. Buchanan criticized the collectivist misuse of Pareto optimality by the "new welfare economists" and made a first attempt to extend that individualist concept into the political realm. Over the following three decades he further developed his political application of Pareto’s insight to buttress an essentially economic analysis of political exchange that would justify the processes of constitutional democracy in the same way Pareto efficiency justifies free markets. In this paper I will explain why Buchanan’s particular formulations will not work and propose a more comprehensive solution that accomplishes Buchanan’s announced purpose. I will argue that a …

A Cloned Erwinia Chrysanthemi Hrp (Type Iii Protein Secretion) System Functions In Escherichia Coli To Deliver Pseudomonas Syringae Avr Signals To Plant Cells And To Secrete Avr Proteins In Culture, Jong Hyun Ham, David W. Bauer, Derrick E. Fouts, Alan Collmer

Faculty Publications

The Hrp (type III protein secretion) system is essential for the plant parasitic ability of Pseudomonas syringae and most Gram-negative bacterial plant pathogens. AvrB and AvrPto are two P. syringae proteins that have biological activity when produced via heterologous gene expression inside plant cells or when produced by Hrp+ bacteria. Art-like proteins, presumably injected by the Hrp system on bacterial contact with plant cells, appear to underlie pathogenic interactions, but none has been observed outside of the bacterial cytoplasm, and identifying novel genes encoding them is tedious and uncertain without a phenotype in culture. Here we describe a cloned Hrp …

The Coming Forth Of The Book Of Mormon In The Twentieth Century, Noel B. Reynolds

Faculty Publications

I hope this study, however preliminary it might appear, will provide a sound first step toward developing our self-understanding as Latter-day Saints of the history of Book of Mormon use in the twentieth century and the phenomenal increase in understanding, appreciation, and study that has taken place over the last three to four decades. This study may also offer one useful perspective for the gradually emerging history of cultural Mormonism and its antipathy to the Book of Mormon. This study is grounded in the analysis of a number of possible indicators of intensity of interest in the Book of Mormon …

Scope Of The Uniform Commerical Code; Survey Of Computer Contracting Cases, William J. Woodward Jr., Amelia H. Boss

Faculty Publications

No abstract provided.

Optimized Boundary Conditions And Data Assimilation With Application To The M-2 Tide In The Yellow Sea, Igor Shulman, James K. Lewis, Alan F. Blumberg, B. Nicholas Kim

Faculty Publications

An optimization approach is derived for assimilating tidal height information along the open boundaries of a numerical model. The approach is then extended so that similar data along transects inside a model domain can also be optimally assimilated. To test the application of such an optimized methodology, M-2 tidal simulations were conducted with a numerical ocean model of the Yellow Sea, an area with a strong tidal influence. The use of the optimized open boundary conditions and internal data assimilation leads to a significant improvement of the predictive skill of the model. Average errors can be reduced by up to …

Evaluation Of Personal Communications Dual-Antenna Handset Diversity Performance, Michael A. Jensen, Joseph S. Colburn, Yahya Rahmat-Samii, Gregory J. Pottie

Faculty Publications

In personal wireless communications systems, multipath propagation has a significant effect on system design and performance. Signal strength fading caused by destructive interference between multiple replicas of the signal of interest arriving at the receiver over different paths often is the limiting factor in system range/fidelity. Antenna diversity is one technique that can be used to help overcome multipath fading. This paper presents a description of experiments, data processing, and results used to evaluate the diversity performance of three candidate dual-antenna handset configurations: two side-mounted planar-inverted F antennas (PIFAs), a back-mounted PIFA with a top-mounted helix, a top-mounted PIFA, and …

Overcoming Tradition And Modernity: The Search For Islamic Authenticity, By Robert D. Lee, Shahrough Akhavi

Faculty Publications

No abstract provided.

What Is School For? Dilemmas Of Secondary Education In Bush Alaska, Lawrence C. Hamilton

Faculty Publications

The remote towns and villages of bush Alaska confront dilemmas in the design of secondary education. Systems based on a single statewide boarding school, or alternatively on small schools in each individual community, have both been tried. Debates about these two approaches reflect a more basic question: What is the purpose of secondary education? Should it (A) prepare students to become functional members of their home communities, or (B) prepare them to compete for education and jobs elsewhere? This question has implications for all aspects of educational design, and indeed for the future of rural villages themselves.

A paper presented …

Role Of The Maillard Reaction In Aging Of Tissue Proteins: Advanced Glycation End Product-Dependent Increase In Imidazolium Cross-Links In Human Lens Proteins, Elisabeth Brinkmann Frye, Thorsten P. Degenhardt, Suzanne R. Thorpe, John W. Baynes

Faculty Publications

Dicarbonyl compounds such as glyoxal and methylglyoxal are reactive dicarbonyl intermediates in the nonenzymatic browning and cross-linking of proteins during the Maillard reaction. We describe here the quantification of glyoxal and methylglyoxal-derived imidazolium cross-links in tissue proteins. The imidazolium salt cross-links, glyoxal-lysine dimer (GOLD) and methylglyoxal-lysine dimer (MOLD), were measured by liquid chromatography/mass spectrometry and were present in lens protein at concentrations of 0. 02-0.2 and 0.1-0.8 mmol/mol of lysine, respectively. The lens concentrations of GOLD and MOLD correlated significantly with one another and also increased with lens age. GOLD and MOLD were present at significantly higher concentrations than the …

Temporal Coherence Of Ultrashort High-Order Harmonic Pulses, M. Bellini, C. Lyngå, A. Tozzi, M. B. Gaarde, T. W. Hänsch, A. L'Huillier, C. G. Wahlström

Faculty Publications

We have studied the temporal coherence of high-order harmonics (up to the 15th order) produced by focusing 100 fs laser pulses into an argon gas jet. We measure the visibility of the interference fringes, produced when two spatially separated harmonic sources interfere in the far field, as a function of the time delay between the two sources. In general, we find long coherence times, comparable to the expected pulse durations of the harmonics. For some of the harmonics, the interference pattern exhibits two regions, with significantly different coherence times. These results are interpreted in terms of different electronic trajectories contributing …

Hypertension Treatment And Control In Sub-Saharan Africa, Justin Burdon, R. W. Montgomery, Richard Walker, N. Unwin, K. G.M.M. Alberti, Richard Cooper, Walinjom Muna

Faculty Publications

No abstract provided.

The Trinity And Congregational Planning: Between Historical Minimum And Eschatological Maximum, Patrick R. Keifert

Faculty Publications

Most members of congregations are inattentive to both the past and the future of their congregation. They live in a very present now. An adequate doctrine of the Trinity can liberate congregations from this imprisonment in the present; it will call for visioning and planning in congregational life.

Binary Multilevel Convolutional Codes With Unequal Error Protection Capabilities, Robert H. Morelos-Zaragoza, Hideki Imai

Faculty Publications

Binary multilevel convolutional codes (CCs) with unequal error protection (UEP) capabilities are studied. These codes belong to the class of generalized concatenated (GC) codes. Binary CCs are used as outer codes. Binary linear block codes of short length, and selected subcodes in their two-way subcode partition chain, are used as inner codes. Multistage decodings are presented that use Viterbi decoders operating on trellises with similar structure to that of the constituent binary CCs. Simulation results of example binary two-level CC's are also reported.

Understanding Congressional Reform: Lessons From The Seventies, Rafael Gely, Asghar Zardkoohi

Faculty Publications

The purpose of this article is to examine voting behavior of representatives when faced with dual constraints (constituents back home and the leadership) as compared to one constraint (constituents back home). An ambitious goal of the study would have been to examine the effects of both sets of reforms. However, there are two reasons for not using the 1995 reforms in our empirical examinations. First, not enough time has passed to fully observe the effect of term limits on voting behavior. Second, and more importantly, the leadership, whose power it was to impose a constraint on a representative's promotional opportunities, …