Digital Commons Network^™

Greenwood Cemetery Cedar Falls, Iowa [Website], Thomas G. Connors

Faculty Publications

This site was created by history and social studies education students at the University of Northern Iowa in Cedar Falls, Iowa, under the direction of Thomas Connors ([email protected]), Assistant Professor of History, Karla Krueger, Curriculum & Technology Project Specialist, TyAnn Morehead, Educational Technology Specialist, Information Technology Services-Training, and John Schmitz and Justin Harringa, Technical Support Specialists. We gratefully acknowledge their support and assistance.

Not-So-Arbitrary Arbitration: Using Title Vii Disparate Impact Analysis To Invalidate Employment Contracts That Discriminate, Miriam A. Cherry

Faculty Publications

(Excerpt)

On May 20, 1996, three women filed a sexual harassment and discrimination lawsuit against the Wall Street investment firm Smith Barney. Later joined by twenty additional women, the plaintiffs alleged that Smith Barney failed to hire and promote women, created a hostile work environment, and discriminated on the basis of pregnancy and marital status. The lawsuit quickly gained widespread publicity, most notably for its accusation that the former manager of the Garden City, New York, branch had established a fraternity-like "boom-boom room" in the office basement where female employees were either excluded or harassed if allowed to enter. On …

All Or Nothing, Or Maybe Cooperation: Attorney General Power, Conduct, And Judgment In Relation To The Work Of An Independent Counsel, John Q. Barrett

Faculty Publications

This Article considers the allocation of power under the independent counsel law between the Attorney General along with the Department of Justice and the independent counsel whose appointment the Attorney General has triggered. Although the law explicitly transfers much of an Attorney General's lawful power to an independent counsel, it does not go far enough in reallocating that power. Thus, it leaves a fundamental gap between what the current statute purports independent counsel to be and what it actually empowers independent counsel to accomplish. After an introduction in Part I, Part II of this article reviews the current legal provisions, …

Reconciliation And The Fiscal Constitution: The Anatomy Of The 1995-96 Budget "Train Wreck", Anita S. Krishnakumar

Faculty Publications

Congress originally conceived of the budget reconciliation process as a minor fallback mechanism for bringing one year's tax and spending policy in line with overall budget targets. Reconciliation has since become central to congressional efforts to reduce the federal budget deficit. This Note argues, however, that reconciliation is limited in its capacity to impel significant budgetary reform. The author demonstrates how, in 1995-96, reconciliation caused repeated breakdowns in governmental budget-making, undermining the entire budget process. The author concludes that the legal, institutional, and political constraints inherent in the reconciliation process will continue to constitute powerful obstacles to congressional efforts to …

Deciding The Stop And Frisk Cases: A Look Inside The Supreme Court's Conference, John Q. Barrett

Faculty Publications

In our system of constitutional decision-making, the Supreme Court makes law as an institution in its formal written opinions. The Court and its individual members make their official legal marks in the printed pages of the United States Reports. In June 1968, in Terry v. Ohio and Sibron v. New York, the two decisions that approved the constitutionality under the Fourth Amendment of police stop and frisk practices, the Court filled many official pages with rich discussion. Over the ensuing thirty years, these Court and individual opinions have shaped the course of constitutional analysis in our courts and guided the …

Are Statutes Really "Legislative Bargains"? The Failure Of The Contract Analogy In Statutory Interpretation, Mark L. Movsesian

Faculty Publications

Recent scholarship draws an analogy between contract and statutory interpretation. In this Article, Professor Movsesian explores and rejects that analogy. There are key differences between contracts and statutes, he argues; the intentionalism of contemporary contract law is inappropriate in the context of statutory interpretation. After critically examining the literature on the topic and demonstrating the operative distinctions between contracts and statutes, Professor Movsesian provides a useful illustration in the form of the famous case of Church of the Holy Trinity v. United States. Professor Movsesian shows how a comparison of contract and statutory interpretation sheds light on a number of …

Fraud And Federalism: Preempting Private State Securities Fraud Causes Of Action, Michael A. Perino

Faculty Publications

The passage of the Private Securities Litigation Reform Act of 1995 has engendered a significant forum shift in class action securities fraud litigation, from federal to state court. This unintended by-product of the Act has reignited debate over our dual federal-state system of securities regulation and in turn has inspired a discussion as to whether Congress should now preempt state securities fraud causes of action. This article argues that preemption is an appropriate, but not the only, solution to these concerns. To support this argument, this article first traces the history of dual state-federal securities regulation within the context of …

Women, The Law, And Cults: Three Avenues Of Legal Recourse: New Rape Laws, Violence Against Women Act, And Antistalking Laws, Robin A. Boyle

Faculty Publications

The author examines three avenues of legal recourse that are available to society at large, but may not be well-known to women in cults, their families, and their potential mental health providers. These avenues for recourse are improved rape laws now available in every state; recently-enacted federal legislation -- the 1994 Violence Against Women Act; and recently-enacted state and federal antistalking laws. The author developed this article from her speech delivered at the annual American Family Foundation conference on May 30, 1997, in Philadelphia, PA.

Discovery In International Legal Developments Year In Review: 1997, Christopher J. Borgen

Faculty Publications

U.S. law provides litigants with a variety of means to obtain evidence from foreign jurisdictions. The Federal Rules of Civil Procedure (the Federal Rules) and rules of state courts may be used if a U.S. court has jurisdiction over the person who is in control of the evidence in question. Section 1783 of tide 28 of the United States Code provides a means for serving a subpoena on U.S. nationals or residents abroad. Litigants may also obtain foreign discovery through letters rogatory as permitted by 28 U.S.C. § 1781 and treaties such as the Hague Convention on Taking Evidence (the …

State Of Ohio V. Richard D. Chilton And State Of Ohio V. John W. Terry: The Suppression Hearing And Trial Transcripts, John Q. Barrett

Faculty Publications

This appendix to Deciding the Stop and Frisk Cases: A Look Inside the Supreme Court’s Conference, 72 St. John’s L. Rev. 749 (1998), includes Biographical Information on the Participants in the Case; and transcripts of the complete pretrial and trial proceedings in the 1964 criminal prosecutions of Richard Chilton and John Terry, arranged by Prof. Barrett to create the organization reflected in the Table of Contents at the beginning of the appendix. Footnotes were added to provide citations and, in a few instances, to clarify the text. Bracketed material was added to correct obvious slips of the tongue or the …

Electrochemical Investigations Of Cobalt-Doped Limn2O4 As Cathode Material For Lithium-Ion Batteries, P. Arora, Branko Popov, Ralph E. White

Faculty Publications

A wide range (y = 0.05–0.33) of Co-doped LiCo_yMn_2–yO₄ spinels were synthesized and electrochemically characterized. These Co-doped spinels showed improved specific capacity and capacity retention over pure spinels. Electrochemical impedance spectroscopy and the linear polarization resistance technique were used to determine the transport and electrochemical kinetic parameters of Co-doped spinels. The presence of Co in the spinel inhibits the passivation process occurring on the surface of the cathode. Also, Co increases the exchange current density and facilitates the charge-transfer reaction of the active material. The lower self-discharge observed for Co-doped spinels was attributed …

Characterization Of Hydrogen Permeation Through Zinc-Nickel Alloys Under Corroding Conditions: Mathematical Model And Experimental Study, M. Ramasubramanian, Branko N. Popov, Ralph E. White

Faculty Publications

A mathematical model was developed for the characterization of hydrogen permeation into metals and alloys under corroding conditions. The model requires a knowledge of the corrosion rate of the given metal or alloy in solutions of various H⁺ concentrations. It provides quantitative values of rate constants of the hydrogen discharge, recombination, and adsorption reactions. This model can serve as a diagnostic criterion for determining the effectiveness of various metals and alloys as hydrogen permeation inhibitors and can be used for evaluation of hydrogen entry inhibition efficiency. Experiments were carried out to study the effectiveness of thin layers of electrodeposited …

Characterization Of Sol-Gel-Derived Cobalt Oxide Xerogels As Electrochemical Capacitors, Chuan Lin, James A. Ritter, Branko N. Popov

Faculty Publications

Very fine cobalt oxide xerogel powders were prepared using a unique solution chemistry associated with the sol-gel process. The effect of thermal treatment on the surface area, pore volume, crystallinity, particle structure, and corresponding electrochemical properties of the resulting xerogels was investigated and found to have significant effects on all of these properties. The xerogel remained amorphous as Co(OH)₂ up to 160°C, and exhibited maxima in both the surface area and pore volume at this temperature. With an increase in the temperature above 200°C, both the surface area and pore volume decreased sharply, because the amorphous Co(OH)₂ decomposed …

Theoretical Analysis Of Metal Hydride Electrodes: Studies On Equilibrium Potential And Exchange Current Density, Bala S. Haran, Branko N. Popov, Ralph E. White

Faculty Publications

A theoretical model for the metal hydride electrode has been developed assuming that hydrogen diffusion in the alloy and charge-transfer at the surface control the discharge process. Theoretical equations for the dependence of equilibrium potential and exchange current density on the surface hydrogen concentration have been derived. These parameters have been used to correlate experimental data with the theoretical electrode discharge model. Analysis of both the experimental and theoretical discharge curves reveals a potential plateau determined by the magnitude of the interactions between the hydrogen in the alloy and the unhydrided metal. Neglecting these hydrogen-metal site interactions results in simulations …

Alcohol, Pregnancy And The Developing Child, Sandra J. Kelly

Faculty Publications

No abstract provided.

A Nonisothermal Nickel‐Hydrogen Cell Model, Pauline De Vidts, Javier Delgado, B. Wu, D. M. See, K. Kosanovich, Ralph E. White

Faculty Publications

No abstract provided.

The Role Of Oxygen At The Second Discharge Plateau Of Nickel Hydroxide, Sathya Motupally, Mukul Jain, Venkat Srinivasan, John W. Weidner

Faculty Publications

It was shown that the appearance of a secondary discharge plateau approximately 400 mV below the primary plateau can result from the reduction of oxygen. During the galvanostatic discharge of planar nickel-hydroxide films at room temperature and in 3 weight percent KOH solutions, the second discharge plateau was observed only in the presence of dissolved oxygen in the electrolyte. When the solution was deoxygenated, no residual capacity could be extracted from the films even at low discharge rates or from overcharged films. In addition, the duration of the second plateau is inversely proportional to the square of the discharge current, …

Steady-State Modeling Of A Parallel-Plate Electrochemical Fluorination Reactor, Kamal Jha, Gerald L. Bauer, John W. Weidner

Faculty Publications

A steady-state mathematical model of a parallel-plate reactor was developed for studying the electrochemical fluorination of organic compounds dissolved in anhydrous hydrogen fluoride. The model incorporates two-phase flow with differential material, energy, and pressure balances. Profiles of temperature, pressure, vapor volume fraction, and current density in the reactor are presented at two inlet temperatures to provide insight into the operation of the reactor. The effects of the inlet temperature, feed flow rate, and cell current on the cell pack voltage and current efficiency of the reactor are presented to determine problematic operating regions for the reactor. Optimum operating currents based …

The Effect Of Particle Size On The Discharge Performance Of A Nickel-Metal Hydride Cell, Jussi M. Heikonen, Harry J. Ploehn, Ralph E. White

Faculty Publications

We investigate the effect of particle size on the discharge performance of a nickel-metal hydride cell with a mathematical model. Electrodes with uniform as well as with nonuniform particle sizes are studied. With uniform particle size, the dependence of the particle-to-particle resistance on the particle size is taken into account. The optimal particle size depends on the discharge rate. Moreover, we show that under certain conditions it is advantageous to use a nonuniform particle size. In general, the higher the discharge current density, the more the particle size affects the electrode performance.

Measurement Of Thin Liquid Film Drainage Using A Novel High-Speed Impedance Analyzer, Kevin O. Hool, Robert C. Saunders, Harry J. Ploehn

Faculty Publications

This work describes the design and implementation of a new instrument, called the thin film impedance analyzer, which measures the rate of drainage of thin oil films. The instrument forms an oil film by elevating a planar oil–water interface into a water drop hanging from a stainless steel capillary tube immersed in the oil. The instrument measures the magnitude of the impedance of the matter between the capillary tube and a screen electrode immersed in the lower water phase. Under appropriate conditions, the capacitance of the oil film dominates the impedance. The instrument records the increase in the magnitude of …

Labor Law Obstacles To The Collective Negotiation And Implementation Of Employee Stock Ownership Plans: A Response To Henry Hansmann And Other "Survivalists", Jeffrey M. Hirsch

Faculty Publications

No abstract provided.

A Review Of Federal Sentencing Treatises And Periodicals, Michael M. O'Hear

Faculty Publications

No abstract provided.

The First Amendment In Its Third Century: Three Wisconsin Pieces To The Constitutional Puzzle, Peter K. Rofes

Faculty Publications

No abstract provided.

Addressing An Industrywide Health Insurance Crisis By Spreading The Cost: Has Congress Violated The Constitution?, Jay E. Grenig

Faculty Publications

No abstract provided.

Justifying Racial Reform, Davison M. Douglas

Faculty Publications

No abstract provided.

Institutional Analysis And Physicians' Rights After Vacco V. Quill, Larry I. Palmer

Faculty Publications

No abstract provided.

Debtor Incentives, Agency Costs And Voting Theory In Chapter 11, Scott F. Norberg

Faculty Publications

No abstract provided.

Does The Fda Have Authority To Regulate Human Cloning?, Elizabeth Price Foley, Elizabeth C. Price

Faculty Publications

Examines the FDA's statutory authority to regulate human cloning.

What’S Good For General Motors: Corporate Speech And The Theory Of Free Expression, Howard M. Wasserman

Faculty Publications

No abstract provided.

The Bankruptcy Review Commission Recommendation On Classification Of Claims In Chapter 11, Scott F. Norberg

Faculty Publications

No abstract provided.