Digital Commons Network^™

Antitrust Liability Premised, Edward D. Cavanagh

Faculty Publications

(Excerpt)

This article will explore potential antitrust liability arising from attempted enforcement of invalid patents or trade secrets known to be invalid. A fundamental tension exists between the law of intellectual property and antitrust law. Federal patent laws and the state law doctrines of trade secrets confer on the holder exclusive rights to exploit an invention or creation and to exclude others from its use. The rationale of the patent laws and state intellectual property laws is to foster innovation and to provide inventors with protection for the fruits of their labor. By contrast, antitrust laws embody a public policy …

Introduction: The Voices And Groups That Will Preserve (What We Can Preserve Of) Judicial Independence, John Q. Barrett

Faculty Publications

As the 1996 election year commenced, the leading issues of the day included welfare reform, late-term abortions, Bosnia, immigration, drugs, taxes, the budget deficit, and the budget impasse that had shut parts of the federal government. The "hot" national issues did not include judicial philosophy, federal judicial appointments, individual judges or particular judicial decisions. Within weeks, however, that changed, thanks to a single judicial opinion. On January 22, 1996, United States District Judge Harold Baer, Jr., decided a pretrial motion to suppress evidence in the then (and now) obscure New York federal drug prosecution of a woman from Detroit named …

Residential Zoning Regulations And The Perpetuation Of Apartheid, Janai S. Nelson

Faculty Publications

In January of 1996, the South African Parliament ratified the long-awaited Land Reform (Labour Tenants) Bill, which has engendered heated controversy since its inception. For many, the success of the Land Reform Bill portends the economic and political future of South Africa and is a gauge of apartheid's vital signs. Without land, most South Africans would remain in the same impoverished and disenfranchised conditions that they were in under the apartheid regime. With land, however, South Africans have an improved chance to achieve economic equality. Land reform and land use have become particularly crucial issues in light of President Mandela's …

The Pentium Papers: A Case Study Of Collective Institutional Investor Activism In Litigation, Joseph A. Grundfest, Michael A. Perino

Faculty Publications

This article suggests that institutional investors have rational incentives to become more active in the litigation arena, but that the current debate is falsely constrained because it rests on the assumption that institutional investors must participate either by (1) assuming the formal role of lead plaintiff, class representative, or intervenor or, (2) not participating at all. This is a false dichotomy because, as this article demonstrates, institutions have available to them a rich array of flexible, informal, and relatively inexpensive mechanisms by which they can make their views known to litigants and courts alike.

Our hypothesis that institutional investor activism …

The Persistent Nation State And The Foreign Sovereign Immunities Act, Mark L. Movsesian

Faculty Publications

One hears a great deal these days about the decline of the nation state. The concept of a sovereign country whose inhabitants share a common ancestry or culture is said to be obsolescent, if not already obsolete. Several factors, apparently, are responsible: the creation of supranational institutions like the European Union and the World Trade Organization; the growing influence of nongovernmental organizations; the emergence of a new global economy; and the formation of a worldwide consumer culture, to name just a few. The law, it is argued, must adapt.

The decline of the nation state is, of course, the premise …

Journalists As Professionals: Rethinking The Professional Exemption Under The Fair Labor Standards Act, Edward D. Cavanagh

Faculty Publications

(Excerpt)

This Article examines the question of whether journalists in the print or electronic media are professionals and hence exempt from coverage under the Fair Labor Standards Act of 1938 ("FLSA") or whether they are wage earners and therefore covered by the FLSA. Department of Labor regulations are unclear as to the status of journalists under the FLSA; they recognize that journalists may qualify as professionals but appear to state that most journalists are covered by the FLSA. Those regulations, however, are seriously outdated and out of touch with the modem world of journalism. Promulgated when television was in its …

Kinetic Analysis Of The Fate Of Nitric Oxide Synthesized By Macrophages In Vitro, Randy S. Lewis, Snait Tamir, Steven R. Tannenbaum, William M. Deen

Faculty Publications

To investigate the fate of nitric oxide (NO) synthesized by activated macrophages, the concentrations of NO and its principal reaction products, nitrite (NO2-) and nitrate (NO3-), were measured as a function of time in suspension cultures of RAW264.7 macrophages attached to microcarrier beads. Synthesis of NO became evident 2-5 h after stimulation of the cells, and steady concentrations of NO were achieved after about 9 h. The appearance of NO in the extracellular fluid coincided with the appearance of NO2- and NO3-, which were formed thereafter at approximately equal and constant rates. Using a kinetic model based on rate constants …

Structural Characterization Of Aluminum Films Deposited On Sputtered-Titanium Nitride/ Silicon Substrate By Metalorganic Chemical Vapor Deposition From Dimethylethylamine Alane, Xiaodong Li, Byoung-Youp Kim, Shi-Woo Rhee

Faculty Publications

Alfilmsdeposited on sputtered‐TiN/Si substrate by metalorganic chemical vapor deposition(MOCVD) from dimethylethylamine alane (DMEAA) were characterized using x‐ray diffraction(XRD),Auger electron spectroscopy(AES),atomic force microscopy(AFM), and transmission electron microscopy (TEM). The TiN filmsputtered on the Si has a preferred orientation along the growth direction with the 〈111〉 of the film parallel to the Si〈111〉. Sputtering of the TiN film on the Si induced strains at the interface. The TiN/Si interface is flat while the Al/TiN interface is rough. There exist many dislocations at the Al/TiN interface. The Al₂O₃ phase was formed at the Al/TiN interface during the early stages of …

Measurement Of The Diffractive Structure Function In Deep Inelastic Scattering At Hera, M. Derrick, D. Krakauer, S. Magill, D. Mikunas, B. Musgrave, J. Repond, R. Stanek, R. L. Talaga, H. Zhang, R. Ayad, G. Bari, M. Basile, L. Bellagamba, D. Boscherini, A. Bruni, G. Bruni, P. Bruni, G. Cara Romeo, G. Castellini, M. Chiarini, L. Cifarelli, F. Cindolo, A. Contin, M. Corradi, I. Gialas, P. Giusti, G. Iacobucci, G. Laurenti, G. Levi, A. Margotti, T. Massam, R. Nania, C. Nemoz

Faculty Publications

This paper presents an analysis of the inclusive properties of diffractive deep inelastic scattering events produced in ep interactions at HERA. The events are characterised by a rapidity gap between the outgoing proton system and the remaining hadronic system. Inclusive distributions are presented and compared with Monte Carlo models for diffractive processes. The data are consistent with models where the pomeron structure function has a hard and a soft contribution. The diffractive structure function is measured as a function of xℙ, the momentum fraction lost by the proton, of β, the momentum fraction of the struck quark with respect to …

Suing The Firm, Richard C. Reuben

Faculty Publications

Lawyers who once would rather take grievances against their firms to the grave are now taking them to court. Is it the death of professionalism or the dawning of accountability?

Measurement Of Αsfrom Jet Rates In Deep Inelastic Scattering At Hera, M. Derrick, D. Krakauer, S. Magill, D. Mikunas, B. Musgrave, J. Repond, R. Stanek, R. L. Talaga, H. Zhang, R. Ayad, G. Bari, M. Basile, L. Bellagamba, D. Boscherini, A. Bruni, G. Bruni, P. Bruni, G. Cara Romeo, G. Castellini, M. Chiarini, L. Cifarelli, F. Cindolo, A. Contin, M. Corradi, I. Gialas, P. Giusti, G. Iacobucci, G. Laurenti, G. Levi, A. Margotti, T. Massam, R. Nania, C. Nemoz

Faculty Publications

Jet production in deep inelastic scattering for 120 < Q2< 3600 GeV2has been studied using data from an integrated luminosity of 3.2 pb-1collected with the ZEUS detector at HERA. Jets are identified with the JADE algorithm. A cut on the angular distribution of parton emission in the γ*-parton centre-of-mass system minimises the experimental and theoretical uncertainties in the determination of the jet rates. The jet rates, when compared to O(αs2) perturbative QCD calculations, allow a precise determination of αs(Q) in three Q2-intervals. The values are consistent with a running of ifαs(Q), as expected from QCD. Extrapolating to Q = MZ0αs(MZ0) = 0.117 ± 0.005 (stat)-0.005+0.004(systexp) ± 0.007 (systtheory). © 1995.

Piecing Together The Past, Eugene Ulrich, James Vanderkam, Catherine M. Murphy

Faculty Publications

Nearly fifty years ago, some Bedouin shepherds stumbled upon a cache of ancient texts in caves near the Dead Sea, thirteen miles east of Jerusalem.

It soon became clear that this was the largest and most significant collection of manuscripts ever discovered in Palestine.

Finds Included the oldest witnesses to the Hebrew, Aramaic, and Greek texts of Jewish scripture-the Christian Old Testament-along with nonbiblical manuscripts certain to illuminate the tumultuous period of the destruction of the Second Temple and the time of Christ. The singularity of these texts has brought about one of the most protracted and painstaking endeavors of …

Civil Society And Congregations As Public Moral Companions, Gary M. Simpson

Faculty Publications

In the midst of this morally charged situation might not Christian congregations hear again the call to a public vocation? As we ponder this prospect, two questions will guide our inquiry. First, where might Christian congregations locate a space in which they might attend to the public moral meaning of everyday rage? That public space, which we will explore, is “civil society.” Second, how can this public space of civil society be accessed so that its moral possibilities can be maximized? We will explore “communicative moral practice” as the best model for accessing the moral possibilities of civil society. What …

The Limits Of Quantitative Legal Analyses: Chaos In Legal Scholarship And Fdic V. W.R. Grace & Co., Royce De R. Barondes

Faculty Publications

This Article identifies a few of those techniques by examining a number of quasi-quantitative legal analyses that have addressed a range of legal relationships. The methodology of this Article consists of reviewing the relationship between those legal analyses and their associated non-legal disciplines. The unifying theme of the discussed examples is that a useful, well constructed quantitative analysis or approach has been improperly extended into a legal context.

Dean John Wade And The Law Of Torts, Gary Myers

Faculty Publications

Dean John Wade's death last year ends the career of a great scholar, teacher, and administrator. His many accomplishments and his impressive personal traits have been duly praised and chronicled. His legacy includes an impressive body of scholarly work, many former students trained in the ways of the law, and institutions that are better for his walking their hallways. This article focuses on one particular aspect of Dean Wade's contribution--his impact on the law of torts.

The Criminal Defense Lawyer As Effective Negotiator: A Systemic Approach, Rodney J. Uphoff

Faculty Publications

In the first issue of the Clinical Law Review, Peter Hoffman challenged clinical legal educators to produce clinical scholarship that is “practical in its orientation and design” and written so as to enhance the ability of lawyers to represent their clients and to help law students prepare for law practice. This article takes up Hoffman's challenge in the context of examining the skill of negotiating or plea bargaining from the perspective of the criminal defense lawyer. Before discussing the methods, approach or techniques that lawyers can use to enhance their ability to bargain effectively, it is critical to understand what …

Remark: Brown V. Board: Revisited, Michael A. Middleton

Faculty Publications

[T]he Negro needs neither segregated schools nor mixed schools. What he needs is Education. What he must remember is that there is no magic, either in mixed schools or in segregated schools. A mixed school with poor and unsympathetic teachers, with hostile public opinion, and no teaching of truth concerning black folk, is bad. A segregated school with ignorant placeholders, inadequate equipment, poor salaries, and wretched housing, is equally bad. Other things being equal, the mixed school is the broader, more natural basis for the education of all youth. It gives wider contacts; it inspires greater self-confidence; and suppresses the …

An Historical Critique Of The Emergence And Evolution Of Ernesto Che Guevara's Foco Theory, Matt D. Childs

Faculty Publications

This article provides an analysis of Ernesto Che Guevara's theory of guerrilla warfare, the foco. The numerous changes to the originalfoco thesis, as presented in Guerrilla Warfare (1960), are examined in detail covering two dozen articles, speeches, essays, interviews and books authored by Guevara, Castro and Debray while stressing their relation to national and international politics. The author argues that there was an apparent discourse between Cuban politics and the numerous changes in Guevara's writings. Juxtaposing changes to the foco theory from 1960 to 1967, to Cuban historical events, reflects the political expedience of the 196os and the primary …

A Response To Professor Vernellia R. Randall's The Myers-Briggs Type Indicator, First Year Law Students And Performance, Cynthia V. Ward

Faculty Publications

No abstract provided.

An Adaptive Learning Model Which Accommodates Asymmetric Error Costs And Choice-Based Samples, James V. Hansen, James B. Mcdonald, Rayman D. Meservy

Faculty Publications

This paper introduces an adaptive-learning model, EGB2, which optimizes over a parameter space to fit data to a family of models based on maximum-likelihood criteria. We also show how EGB2 can be modified to handle asymmetric costs of Type I and Type II errors, thereby minimizing misclassification costs. It has been shown that standard methods of computing maximum-likelihood estimators of qualitative-response models are generally inconsistent when applied to sample data with different proportions than found in the universe from which the sample is drawn. We investigate how a choice estimator, based on weighting each observation's contribution to the log-likelihood function, …

Towards A Payments System Law For Developing And Transition Economies, Raj Bhala

Faculty Publications

This paper examines the legal foundations of large-value credit transfer systems and the importance of certainty, efficiency, and fairness in funds transfer law. A case study is presented to highlight key terminology and concepts. Thereafter, five particularly noteworthy legal rules are discussed in the context of the case study: (1) a rule defining the scope of the law; (2) a rule establishing when the rights and obligations of parties to a funds transfer are triggered; (3) a receiver finality rule; (4) a rule assigning liability for interloper fraud; and (5) a money-back guarantee rule, coupled with provisions on discharge. Finally, …

Diffractive Hard Photoproduction At Hera And Evidence For The Gluon Content Of The Pomeron, M. Derrick, D. Krakauer, S. Magill, D. Mikunas, B. Musgrave, J. Repond, R. Stanek, R. L. Talaga, H. Zhang, R. Ayad, G. Bari, M. Basile, L. Bellagamba, D. Boscherini, A. Bruni, G. Bruni, P. Bruni, G. Cara Romeo, G. Castellini, M. Chiarini, L. Cifarelli, F. Cindolo, A. Contin, M. Corradi, I. Gialas, P. Giusti, G. Iacobucci, G. Laurenti, G. Levi, A. Margotti, T. Massam, R. Nania, C. Nemoz

Faculty Publications

Inclusive jet cross sections for events with a large rapidity gap with respect to the proton direction from the reaction ep → jet + X with quasi-real photons have been measured with the ZEUS detector. The cross sections refer to jets with transverse energies ETjet> 8 GeV. The data show the characteristics of a diffractive process mediated by pomeron exchange. Assuming that the events are due to the exchange of a pomeron with partonic structure, the quark and gluon content of the pomeron is probed at a scale ∼ (ETjet)2. A comparison of the measurements with model predictions based on …

Ultrastructural Immunolocalization Of Histones (H2b, H3, H4), Transition Protein (Tp1) And Protamine In Rabbit Spermatids And Spermatozoa Nuclei. Relation To Condensation Of The Chromatin, J L. Courtens, Wilson Stephen Kistler, L Plöen

Faculty Publications

The histones H2B, H3 and H4, the transition protein TP1 and protamine were localised using ultrastructural immunocytochemistry in nuclei of rabbit spermatids and spermatozoa. Histones are present in round spermatid nuclei and are lost during the elongation of nuclei. TP1 and protamine appear simultaneously in all nuclei during this period. TP1 is located at the periphery of chromatin cords, while protamine seems to be located at random in the same cords. TP1 is lost in most elongated sprematids during step 13 of spermiogenesis, and the protamine stays in all sperm nuclei. TP1 remains persent in some old spermatids and ejaculated …

Geodemographic Approaches To Identifying U.S. Furniture Markets, Frank M. Howell, Larry Doolittle, Jarryl B. Ritchie, Melissa A. Barfield, Steven H. Bullard

Faculty Publications

Demand for household furniture is shaped by a multitude of dynamic forces, from the global economic situation to subtle changes in consumer preferences. Correspondingly, the academic disciplines employed to identify, analyze, and predict these forces range from macroeconomics to psychology, and include demography, sociology, geography, and several applied fields. The demographic characteristics of furniture consumers has been a particularly popular area of research, primarily because of the availability of secondary data from various public · agencies. Some of this research is reviewed in a subsequent section of this report.

Islam, The People And The State: Essays On Political Ideas And Movements In The Middle East, By Sami Zubaida, Shahrough Akhavi

Faculty Publications

No abstract provided.

The Kinetics Of Quantal Transmitter Release From Retinal Amacrine Cells, Salvador Borges, Evanna Gleason, Michael Turelli, Martin Wilson

Faculty Publications

Exocytosis of transmitter at most synapses is a very fast process triggered by the entry of Ca2+ during an action potential. A reasonable expectation is that the fast step of exocytosis is followed by slow steps readying another vesicle for exocytosis but the identity and kinetics of these steps are presently unclear. By voltage clamping both pre- and postsynaptic neurons in an isolated pair of retinal amacrine cells, we have measured evoked synaptic currents and responses to single vesicles of transmitter (minis). From these currents, we have computed the rate of exocytosis during a sustained presynaptic depolarization. We show here …

Study Of The Photon Remnant In Resolved Photoproduction At Hera, M. Derrick, D. Krakauer, S. Magill, D. Mikunas, B. Musgrave, J. Repond, R. Stanek, R. L. Talaga, H. Zhang, R. Ayad, G. Bari, M. Basile, L. Bellagamba, D. Boscherini, A. Bruni, G. Bruni, P. Bruni, G. Cara Romeo, G. Castellini, M. Chiarini, L. Cifarelli, F. Cindolo, A. Contin, M. Corradi, I. Gialas, P. Giusti, G. Iacobucci, G. Laurenti, G. Levi, A. Margotti, T. Massam, R. Nania, C. Nemoz

Faculty Publications

Photoproduction at HERA is studied in ep collisions, with the ZEUS detector, for γp centre-of-mass energies ranging from 130-270 GeV. A sample of events with two high-pT jets (pT > 6 GeV, η < 1.6) and a third cluster in the approximate direction of the electron beam is isolated using a clustering algorithm. These events are mostly due to resolved photoproduction. The third cluster is identified as the photon remnant. Its properties, such as the transverse and longitudinal energy flows around the axis of the cluster, are consistent with those commonly attributed to jets, and in particular with those found for the two jets in these events. The mean value of the photon remnant pT with respect to the beam axis is measured to be 2.1 ± 0.2 GeV, which demonstrates substantial mean transverse momenta for the photon remnant. © 1995.

Improving America's Health Care: Authorizing Independent Prescriptive Privileges For Advanced Practice Nurses, Mary M. Beck

Faculty Publications

Nursing and organized medicine are engaged in a heated and emotional debate over independent prescriptive privileges for advanced practice nurses. Uncontroverted data demonstrates that nurse practitioners provide high quality health care at a reduced cost, while increasing access to health care for under-served populations. It is apparent that advanced practice nurses could improve the delivery of American health care. However, organized medicine is opposed to autonomous advanced nursing practice and lobbies powerfully against it. Currently, the majority of state laws and regulations pertaining to advanced practice nursing do not promote a sound public health policy, do not contemplate liability issues …

Kings And Counselors: The Politics Of Francis Bacon's Rhetorical Theory, Christopher Holcomb

Faculty Publications

English author Francis Bacon's letters to the courtiers of King James VI before the monarch succeeded Elizabeth I reveals his concept of rhetoric as a tool for political advancement. Bacon wrote several letters to gain the king's confidence, in which he expressed his intent to portray the king in the most positive light to his subjects once he enters England and assumes the throne. The letters are remarkable in the way they suggest that Bacon can create a persona for the king through the power of rhetoric, since Bacon includes the draft of a speech which he hoped would be …

Attention To Candidates And Issues In Newspaper Coverage Of 1992 Presidential Campaign, Gordon Mantler, David Whiteman

Faculty Publications

No abstract provided.