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Swapping Amnesty For Peace: Was There A Duty To Prosecute International Crimes In Haiti?, Michael P. Scharf Jan 1997

Swapping Amnesty For Peace: Was There A Duty To Prosecute International Crimes In Haiti?, Michael P. Scharf

Faculty Publications

By examining the political realities of the Haiti situation and the applicable provisions of treaty and customary law, this Article seeks to assess whether the Haitian amnesty did indeed achieve "a proper mix." To this end, the Article begins with a description of the abuses reportedly committed by Haiti's military regime and the international community's attempts to restore the democratically-elected govemment to power. Next, it explores the policy arguments for and against amnesty as applied to the Haitian situation and analyzes the scope of both the Haitian amnesty law and President Aristide's amnesty decree. This section is followed by a …

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Note, Beyond The Rhetoric Of Comparative Interest Balancing: An Alternative Approach To Extraterritorial Discovery Conflicts, Michael P. Scharf Jan 1997

Note, Beyond The Rhetoric Of Comparative Interest Balancing: An Alternative Approach To Extraterritorial Discovery Conflicts, Michael P. Scharf

Faculty Publications

In recognition of these deficiencies of comparative interest balancing, this note proposes not a better rule of law, but rather a more realistic and coherent process for extraterritorial decisionmaking in cases involving conflict between discovery and foreign blocking statutes. This note focuses on the distinction between interest balancing within the realm of "private law" and "public law." The critical difference lies in the fact that interest balancing in public law cases has operated as a means of asserting the primacy of U.S. interests'' in the guise of applying a "jurisdictional rule of reason." Although courts profess to apply a comparative …

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The Jury Is Still Out On The Need For An International Criminal Court, Michael P. Scharf Jan 1997

The Jury Is Still Out On The Need For An International Criminal Court, Michael P. Scharf

Faculty Publications

In 1989, the United Nations General Assembly proclaimed the 1990s to be "The Decade of International Law." Moreover, 1990, which witnessed both the devolution of the Cold War and the effective use of the United Nations to coalesce universal support for international action against Iraq for its invasion of Kuwait, was a year of renewed optimism for international institutions. It is therefore fitting that proposals for an international criminal court should, at this time, get a fresh look from the international legal community. Towards this end, in the words of the U.S. Representative to the United Nations Sixth (Legal) Committee …

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Assessing Native American Disturbances In Mixed Oak Forests Of The Allegheny Plateau, Andrew Sluyter, Charles M. Ruffner, Marc D. Abrams, Charlie Crothers, Jack Mclaughlin, Richard Kandare Jan 1997

Assessing Native American Disturbances In Mixed Oak Forests Of The Allegheny Plateau, Andrew Sluyter, Charles M. Ruffner, Marc D. Abrams, Charlie Crothers, Jack Mclaughlin, Richard Kandare

Faculty Publications

No abstract provided.

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Landscape Change And Livestock In Sixteenth-Century New Spain: The Archival Data Base, Andrew Sluyter Jan 1997

Landscape Change And Livestock In Sixteenth-Century New Spain: The Archival Data Base, Andrew Sluyter

Faculty Publications

Despite the wealth of Mexican archival data pertinent to understanding the ecological interaction between livestock and landscape during the sixteenth century in New Spain, some fundamental methodological issues persist in the use of the mercedes, or land grants. The degree of completeness of the extant mercedes record and the de facto areal extents of the cattle and sheep estancias both remain uncertain. A cartographic method applied to mercedes for the central Veracruz lowlands addresses those issues and suggests a general method for rigorous analysis of the data base. That method demonstrates that the extant mercedes provide a nearly complete record …

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Herpes Simplex Virus Type 1 Glycoprotein K Is Not Essential For Infectious Virus Production In Actively Replicating Cells But Is Required For Efficient Envelopment And Translocation Of Infectious Virions From The Cytoplasm To The Extracellular Space, Sukhanya Jayachandra, Abolghasem Baghian, Konstantin G. Kousoulas Jan 1997

Herpes Simplex Virus Type 1 Glycoprotein K Is Not Essential For Infectious Virus Production In Actively Replicating Cells But Is Required For Efficient Envelopment And Translocation Of Infectious Virions From The Cytoplasm To The Extracellular Space, Sukhanya Jayachandra, Abolghasem Baghian, Konstantin G. Kousoulas

Faculty Publications

We characterized the glycoprotein K (gK)-null herpes simplex virus type 1 [HSV-1] (KOS) ΔgK and compared it to the gK-null virus HSV-1 F-gKβ (L. Hutchinson et al., J. Virol. 69:5401-5413, 1995). Δgk and F-gKβ mutant viruses produced small plaques on Vero cel monolayers at 48 h postinfection. F-gKβ caused extensive fusion of 143TK cells that was sensitive to melittin, a specific inhibitor of gK-induced cell fusion, while ΔgK virus did not fuse 143TK cells. A recombinant plasmid containing the truncated gK gene specified by F-gKβ failed to rescue the ICP27-null virus KOS (d27-1), while a plasmid with the ΔgK deletion …

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Transgenic Dairy Cattle: Genetic Engineering On A Large Scale, R. J. Wall, D. E. Kerr, K. R. Bondioli Jan 1997

Transgenic Dairy Cattle: Genetic Engineering On A Large Scale, R. J. Wall, D. E. Kerr, K. R. Bondioli

Faculty Publications

Amid the explosion of fundamental knowledge generated from transgenic animal models, a small group of scientists has been producing transgenic livestock with goals of improving animal production efficiency and generating new products. The ability to modify mammary-specific genes provides an opportunity to pursue several distinctly different avenues of research. The objective of the emerging gene "pharming" industry is to produce pharmaceuticals for treat-ing human diseases. It is argued that mammary glands are an ideal site for producing complex bioactive proteins that can be cost effectively harvested and purified. Consequently, during the past decade, approximately a dozen companies have been created …

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Alu Insertion Polymorphisms And Human Evolution: Evidence For A Larger Population Size In Africa, Mark Stoneking, Jennifer J. Fontius, Stephanie L. Clifford, Himla Soodyall, Santosh S. Arcot, Nilmani Saha, Trefor Jenkins, Mohammad A. Tahir, Prescott L. Deininger, Mark A. Batzer Jan 1997

Alu Insertion Polymorphisms And Human Evolution: Evidence For A Larger Population Size In Africa, Mark Stoneking, Jennifer J. Fontius, Stephanie L. Clifford, Himla Soodyall, Santosh S. Arcot, Nilmani Saha, Trefor Jenkins, Mohammad A. Tahir, Prescott L. Deininger, Mark A. Batzer

Faculty Publications

Alu insertion polymorphisms (polymorphisms consisting of the presence/absence of an Alu element at a particular chromosomal location) offer several advantages over other nuclear DNA polymorphisms for human evolution studies. First, they are typed by rapid, simple, PCR-based assays; second, they are stable polymorphisms-newly inserted Alu elements rarely undergo deletion; third, the presence of an Alu element represents identity by descent-the probability that different Alu elements would independently insert into the exact same chromosomal location is negligible; and fourth, the ancestral state is known with certainty to be the absence of an Alu element. We report here a study of 8 …

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Child Care Policy And The Welfare Reform Act, Peter R. Pitegoff Jan 1997

Child Care Policy And The Welfare Reform Act, Peter R. Pitegoff

Faculty Publications

This article sketches the 1996 Welfare Reform Act's major changes with particular attention to federally subsidized child care for low-income families.

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Constitutional Gravity: A Unitary Theory Of Alternative Dispute Resolution And Public Civil Justice, Carl H. Esbeck Jan 1997

Constitutional Gravity: A Unitary Theory Of Alternative Dispute Resolution And Public Civil Justice, Carl H. Esbeck

Faculty Publications

It is often said that America's founding was an experiment in government. Certainly few features of the American constitutional settlement left more to future chance--and were more of a break with existing European patterns--than the Establishment Clause set out in the First Amendment. The new Republic sought to rely on transcendent principles to justify its unpre-cedented advancements in human liberty. Concurrently, the Founders reject ed any official or fixed formulation of these principles, for no public credo was to be established by law. So it is more than just a little ironic that the nation's most cherished human rights depend …

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Whose Team Are You On? My Team Or My Team?: The Nlra's Section 8(A)(2) And The Team Act, Rafael Gely Jan 1997

Whose Team Are You On? My Team Or My Team?: The Nlra's Section 8(A)(2) And The Team Act, Rafael Gely

Faculty Publications

This article analyzes employee participatory programs from the internal labor markets perspective. Internal Labor Markets (“ILM”) refer to the explicit or implicit agreements between employer and employees incorporating rules governing wages, working hours, promotion opportunities and grievance procedures. In order to function properly, ILMs require employees to learn skills that are valuable to the contracting firm, but are of much lesser value elsewhere. Employees agree to acquire such “firm-specific” skills and employers agree to subsidize the training needed to obtain these new skills. It is a mutually beneficial arrangement: employers expect to observe increases in productivity and efficiency and employees …

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Environmental Inequity: Economic Causes, Economic Solutions, Thom Lambert, Christopher Boerner Jan 1997

Environmental Inequity: Economic Causes, Economic Solutions, Thom Lambert, Christopher Boerner

Faculty Publications

The article examines one such shortcoming: namely, that existing research fails to account for the dynamic nature of the housing market. Analyzing data from the St. Louis metropolitan area, this study finds that economic factors--not siting discrimination--are behind many claims of environmental racism. This phenomenon suggests the need to develop public policies that fit the economic nature of the problem. In particular, a policy that compensates individuals living near industrial sites is the key to securing environmental justice.

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Public Justice: Toward A State Action Theory Of Alterative Dispute Resolution, Richard C. Reuben Jan 1997

Public Justice: Toward A State Action Theory Of Alterative Dispute Resolution, Richard C. Reuben

Faculty Publications

Various forms of alternative dispute resolution (ADR) are increasingly taking the place of litigation to resolve disagreements among parties. ADR is frequently imposed by court rule or legislative command for certain types of cases, or compelled by courts when private parties contract to use ADR. To date, ADR doctrine has focused on the structural issues attendant to bringing these processes into the mainstream of American dispute resolution. This Article contends that courts must now address the question of whether ADR-both court-related and contractual-can constitute state action, and therefore be subject to constitutional restraints. The author surveys the history and modern …

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Justice Scalia As A Modern Lord Devlin: Animus And Civil Burdens In Romer V. Evans, S. I. Strong Jan 1997

Justice Scalia As A Modern Lord Devlin: Animus And Civil Burdens In Romer V. Evans, S. I. Strong

Faculty Publications

In the late 1950s and early 1960s, the legal world was captivated by an ongoing debate between two of England's most respected jurists regarding whether and to what extent morality should be reflected in the law. The debate was instigated by the publication of the Wolfenden Report, a study presented to Parliament as it considered whether to repeal certain antisodomy laws in Great Britain. Lord Patrick Devlin, then a Lord of Appeal in Ordinary and later elevated to the House of Lords, Britain's highest court, opposed the conclusions contained in the Wolfenden Report and supported the continuation of the antisodomy …

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Unraveling The Tangled Web: Choosing The Proper Statute Of Limitation For Breach Of The Implied Covenant Of Good Faith And Fair Dealing, Tyler T. Ochoa, Andrew Wistrich Jan 1997

Unraveling The Tangled Web: Choosing The Proper Statute Of Limitation For Breach Of The Implied Covenant Of Good Faith And Fair Dealing, Tyler T. Ochoa, Andrew Wistrich

Faculty Publications

In this article, we first will review the general principles applicable to classification of claims for limitation purposes and the various statutes which could be applied to breach of the implied covenant of good faith and fair dealing. We then will examine cases in which the statute of limitation for breach of the implied covenant of good faith and fair dealing was at issue and analyze what limitation period, rules of accrual and tolling doctrines are appropriate in the absence of contractual modification. Finally, we will analyze the extent to which contractual modification of the limitation period, rules of accrual …

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Genetics, Iq, Determinism, And Torts: The Example Of Discovery In Lead Exposure Litigation, Jennifer Wriggins Jan 1997

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 …

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Dr. Seuss, The Juice And Fair Use: How The Grinch Silenced A Parody, Tyler T. Ochoa Jan 1997

Dr. Seuss, The Juice And Fair Use: How The Grinch Silenced A Parody, Tyler T. Ochoa

Faculty Publications

No abstract provided.

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Generation Of Attosecond Pulses In Macroscopic Media, Philippe Antoine, Dejan B. Milošević, Anne L’Huillier, Mette B. Gaarde, Pascal Salières, Maciej Lewenstein Jan 1997

Generation Of Attosecond Pulses In Macroscopic Media, Philippe Antoine, Dejan B. Milošević, Anne L’Huillier, Mette B. Gaarde, Pascal Salières, Maciej Lewenstein

Faculty Publications

We describe theoretically the generation of ultrashort (subfemtosecond) pulses using high-order harmonics of a laser pulse with a time-dependent degree of ellipticity. The single-atom response is calculated by using a low-frequency strong-field approximation. Propagation effects are taken into account using a method going beyond the slowly varying envelope approximation. Propagation modifies significantly the results obtained in the single-atom response and, in certain conditions, makes the generation of one attosecond pulse possible. We discuss prospects for the observation of these ultrashort pulses. © 1997 The American Physical Society.

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Phase-Locked High-Order Harmonic Sources, Raoul Zerne, Carlo Altucci, Marco Bellini, Mette B. Gaarde, T. W. Hänsch, Anne L’Huillier, Claire Lyngå, C. G. Wahlström Jan 1997

Phase-Locked High-Order Harmonic Sources, Raoul Zerne, Carlo Altucci, Marco Bellini, Mette B. Gaarde, T. W. Hänsch, Anne L’Huillier, Claire Lyngå, C. G. Wahlström

Faculty Publications

We demonstrate that two harmonic sources generated independently in a xenon gas jet using the same picosecond Nd:YAG laser are locked in phase. The experiment is performed by separating a laser beam into two parallel beams focused at different locations under the nozzle of a gas jet, and therefore producing two independent sources of harmonic radiation, and studying the pattern obtained in the far field when the radiations from these sources interfere. A high and robust fringe visibility is obtained. © 1997 The American Physical Society.

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Numerical Modeling Of Self-Propagating Polymerization Fronts: The Role Of Kinetics On Front Stability, Stanislav E. Solovyov, Victor M. Llyashenko, John A. Pojman Jan 1997

Numerical Modeling Of Self-Propagating Polymerization Fronts: The Role Of Kinetics On Front Stability, Stanislav E. Solovyov, Victor M. Llyashenko, John A. Pojman

Faculty Publications

Frontal propagation of a highly exothermic polymerization reaction in a liquid is studied with the goal of developing a mathematical model of the process. As a model case we consider monomers such as methacrylic acid and n -butyl acrylate with peroxide initiators, although the model is not limited to these reactants and can be applied to any system with the similar basic polymerization mechanism. A three-step reaction mechanism, including initiation, propagation and termination steps, as well as a more simple one-step mechanism, were considered. For the one-step mechanism the loss of stability of propagating front was observed as a sequence …

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Information Capacity Of The Carbohydrate Code, Roger A. Laine Jan 1997

Information Capacity Of The Carbohydrate Code, Roger A. Laine

Faculty Publications

Capacity for information in biological molecules is traditionally thought to reside in the primary sequence of proteins and RNA, recorded in the DNA. With the exception of some RNA molecules, proteins, if not structural, carry their information in binding sites for substrates of reactions, or in binding sites for control molecules. Some proteins bind to complex carbohydrates in a carbohydrate-specific fashion, including enzymes, lectins and antibodies. These carbohydrates, assembled by sequential glycosyl transferases, also carry biological information, the other side of which is a binding protein that recognizes a specific sugar monosaccharides, sequence, anomerity, linkage, ring size, branching and substitution. …

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Regulation Of Root-Associated Methanotrophy By Oxygen Availability In The Rhizosphere Of Two Aquatic Macrophytes, Aram Calhoun, Gary M. King Jan 1997

Regulation Of Root-Associated Methanotrophy By Oxygen Availability In The Rhizosphere Of Two Aquatic Macrophytes, Aram Calhoun, Gary M. King

Faculty Publications

The relative importance of oxygen for root-associated methanotrophy was examined by using sediment-free, intact freshwater marsh plants (Pontederia cordata and Sparganium eurycarpum) incubated in split chambers. The root medium contained approximately 100 μM methane. Methane oxidation was calculated from the difference between methane loss from chambers in the presence and absence of 1 mM 1-allyl-2-thiourea, a methanotrophic inhibitor. When the root medium was oxic, methane oxidation accounted for 88 and 63% of the total methane depletion for S. eurycarpum and P. cordata, respectively; the remainder represented diffusional loss to the atmosphere via roots, stems, and leaves. Under suboxic conditions, methane …

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The Prevalence Of Hypertension In Seven Populations Of West African Origin, Richard Cooper, Charles Rotimi, Susan Ataman, Daniel Mcgee, Babatunde Osotimehin, Solomon Kadiri, Walinjom Muna, Samuel Kingue, Henry Fraser, Terrence Forrester, Franklyn Bennett, Rainford Wilks Jan 1997

The Prevalence Of Hypertension In Seven Populations Of West African Origin, Richard Cooper, Charles Rotimi, Susan Ataman, Daniel Mcgee, Babatunde Osotimehin, Solomon Kadiri, Walinjom Muna, Samuel Kingue, Henry Fraser, Terrence Forrester, Franklyn Bennett, Rainford Wilks

Faculty Publications

Objectives. This study was undertaken to describe the distribution of blood pressures, hypertension prevalence, and associated risk factors among seven populations of West African origin. Methods. The rates of hypertension in West Africa (Nigeria and Cameroon), the Caribbean (Jamaica, St. Lucia, Barbados), and the United States (metropolitan Chicago, Illinois) were compared on the basis of a highly standardized collaborative protocol. After researchers were given central training in survey methods, population-based samples of 800 to 2500 adults over the age of 25 were examined in seven sites, yielding a total sample of 10 014. Results. A consistent gradient of hypertension prevalence …

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Efficacy Of Bacillus Thuringiensis And Cabbage Cultivar Resistance To Diamondback Moth (Lepidoptera: Yponomeutidae), Paul W. Ivey, Seth J. Johnson Jan 1997

Efficacy Of Bacillus Thuringiensis And Cabbage Cultivar Resistance To Diamondback Moth (Lepidoptera: Yponomeutidae), Paul W. Ivey, Seth J. Johnson

Faculty Publications

Population density estimates were used to determine the effectiveness of a commercial formulation of Bacillus thuringiensis Berliner subspp. kurstaki and aizawai (Agree 50 WP®) and host plant resistance in three cabbage cultivars against the diamondback moth, Plutella xylostella (L.). Cabbage plots treated with agree 50 WP® had significantly fewer larvae per plant compared with untreated ones. The ranking from most to least susceptible of the three main cabbage cultivate grown in Jamaica was 'KY Cross' > 'Early Jersey' > 'Tropicana'. These findings provide evidence that a new cabbage hybrid, 'Tropicana', and products containing effective strains of B. thuringiensis may be successfully used …

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Reciprocal Relations, Bounds, And Size Effects For Composites With Highly Conducting Interface, Robert Lipton Jan 1997

Reciprocal Relations, Bounds, And Size Effects For Composites With Highly Conducting Interface, Robert Lipton

Faculty Publications

We provide a reciprocal relation linking the effective conductivity of a composite with highly conducting phase interfaces to that of a composite with the same phase geometry but with an electrical contact resistance at phase interfaces. A field relationship linking the electric field inside a composite with highly conducting phase interfaces to the current in a composite with contact resistance between phases is found. New size effects exhibited by isotropic particulate suspensions with highly conducting interface are obtained. The effective properties of periodic composites are shown to be monotonically increasing as the size of the period cell tends to zero. …

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Interspecific Aggression In Formicarius Antthrushes? The View From Central Amazonian Brazil, P. C. Stouffer Jan 1997

Interspecific Aggression In Formicarius Antthrushes? The View From Central Amazonian Brazil, P. C. Stouffer

Faculty Publications

No abstract provided.

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Semiclassical Approach To The Hydrogen-Exchange Reaction Reactive And Transition-State Dynamics, Sophya V. Garashchuk, F. Grossmann, D. Tannor Jan 1997

Semiclassical Approach To The Hydrogen-Exchange Reaction Reactive And Transition-State Dynamics, Sophya V. Garashchuk, F. Grossmann, D. Tannor

Faculty Publications

Scattering matrix elements and symmetric transition-state resonances for the collinear H 2 + H → H + H 2 reaction are obtained using a time-dependent approach. The correlation function between reactant channel wavepackets and product channel wavepackets is used to determine the S-matrix elements. In a similar fashion, autocorrelation functions are used to extract the positions and widths of transition-state resonances. The time propagation of the wavepackets is performed by the improved semiclassical frozen Gaussian method of Herman and Kluk, which is an initial value, uniformly converged method. The agreement between the quantum and semiclassical results is far better …

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Semiclassical Approach To The Hydrogen-Exchange Reaction- Reactive And Transition-State Dynamics, Sophya V. Garashchuk, Grossmann Frank, David Tannor Jan 1997

Semiclassical Approach To The Hydrogen-Exchange Reaction- Reactive And Transition-State Dynamics, Sophya V. Garashchuk, Grossmann Frank, David Tannor

Faculty Publications

Scattering matrix elements and symmetric transition-state resonances for the collinear H 2 + H → H + H 2 reaction are obtained using a time-dependent approach. The correlation function between reactant channel wavepackets and product channel wavepackets is used to determine the S-matrix elements. In a similar fashion, autocorrelation functions are used to extract the positions and widths of transition-state resonances. The time propagation of the wavepackets is performed by the improved semiclassical frozen Gaussian method of Herman and Kluk, which is an initial value, uniformly converged method. The agreement between the quantum and semiclassical results is far better …

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The Poet And The Profits: Felicia Hemans And The Literary Marketplace, Paula R. Feldman Jan 1997

The Poet And The Profits: Felicia Hemans And The Literary Marketplace, Paula R. Feldman

Faculty Publications

No abstract provided.

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British Women Poets Of The Romantic Era: An Anthology, Paula R. Feldman Jan 1997

British Women Poets Of The Romantic Era: An Anthology, Paula R. Feldman

Faculty Publications

No abstract provided.

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