Digital Commons Network^™

Book Review Of The Essential Carlstadt: Fifteen Tracts, By Andreas Bodenstein, Jerry Moon

Faculty Publications

No abstract provided.

A Post-Conference Reflection On Separate Ethical Aspirations For Adr's Not-So-Separate Practitioners, John Q. Barrett

Faculty Publications

At "The Lawyer's Duties and Responsibilities in Dispute Resolution" Symposium at South Texas College of Law, Oct. 25, 1996, a central topic of discussion was ADR's ethical separateness. There was a shared sense that ADR providers and practitioners confront a range of ethical issues that differ from those that confront non-ADR lawyers. On this view, because rules of professional responsibility are geared toward more adversarial forms of legal practice, they at best provide no answers and may provide wrong answers to ethical questions that arise in ADR. One solution would be to create new, separate, "role-specific" ethics rules for ADR …

Of Grinches, Alchemy And Disinterestedness: The Commission's Magically Disappearing Conflicts Of Interest, G. Ray Warner

Faculty Publications

(Excerpt)

Christmas 1997 has come and gone. Santa, in the form of the National Bankruptcy Review Commission, delivered lots of shiny new toys to the children of bankruptcyland. A few got only switches and lumps of coal, and all of the children wondered whether their new toys would really work.

Mary Megafirm had wanted only one thing from Santa. Over the years, she had grown bigger and bigger, and by now she had pretty much outgrown the old professional qualification rules. She had never much liked that nasty and bothersome "disinterestedness" standard, but in recent years the disinterestedness standard was …

Disparate Effects In The Criminal Justice System: A Response To Randall Kennedy's Comment And Its Legacy, Janai S. Nelson

Faculty Publications

For many African Americans, the criminal justice system symbolizes an oppressive force, and yet, is a necessary institution in an increasingly lawless society. African Americans are at the same time its victims and beneficiaries, although various sentiments exist regarding the extent to which they are either. It is precisely this paradox, coupled with the promulgation of certain criminal legislation and legal precedent which directly and, potentially, adversely affect the African-American community that inspired the author to address the issues and arguments raised in Randall Kennedy's The State, Criminal Law, and Racial Discrimination: A Comment, 107 Harv. L. Rev. 1255 (1994), …

Discovery In International Legal Developments Year In Review: 1996, Christopher J. Borgen

Faculty Publications

American procedure regarding international discovery stems from 28 U.S.C. §§ 1781-83, and Federal Rule of Civil Procedure (FRCP or Rule) 28(b). Broadly speaking, these rules are concerned with the mechanics of assessing requests for discovery in the United States to assist a proceeding in a foreign country and attempts by one or more parties before a U.S. court to obtain evidence located in another country. This article serves as a brief review of developments during the year.

Class Action Chaos? The Theory Of The Core And An Analysis Of Opt-Out Rights In Mass Tort Class Actions, Michael A. Perino

Faculty Publications

From breast implants to cigarettes, mass tort class actions are a prominent and controversial part of the contemporary litigation landscape. A critical component of these actions is the ability of class members to “opt out” and thereby exclude themselves from the effect of any class judgment. The tension between individual autonomy and the desire for global resolution of mass controversies has led to an intense debate concerning the circumstances under which opt-out rights should be constrained, if at all.

This Article makes five distinct contributions to the class action literature. First, the Article applies the game theoretic concept of the …

Sistema Da Justiça Criminal Nos Estados Unidos Da América Uma Visāo Resumida, Paul Marcus

Faculty Publications

No abstract provided.

Moderating Investigative Lies By Disclosure And Documentation, Robert P. Mosteller

Faculty Publications

No abstract provided.

Tenancy By The Entirety: The Strange Career Of The Common-Law Marital Estate, John V. Orth

Faculty Publications

No abstract provided.

Ontologies For Agents, Michael N. Huhns, Munindar P. Singh

Faculty Publications

An ontology is a computational model of some portion of the world. It is often captured in some form of a semantic network-a graph whose nodes are concepts or individual objects and whose arcs represent relationships or associations among the concepts. This network is augmented by properties and attributes, constraints, functions, and rules that govern the behavior of the concepts. Formally, an ontology is an agreement about a shared conceptualization, which includes frameworks for modeling domain knowledge and agreements about the representation of particular domain theories. Definitions associate the names of entities in a universe of discourse (for example, classes, …

Preparation Of Nd-Doped Baceo3 Proton-Conducting Ceramics By Homogeneous Oxalate Coprecipitation, Fanglin Chen, Ping Wang, O. Toft Sorensen, Guangyao Meng, Dingkum Peng

Faculty Publications

Nd-doped BaCeO₃ have been obtained from homogeneous coprecipitated oxalates when calcined at temperatures T≥1000 °C. Ball-milling of the calcined powders well disperses the agglomerates and consequently has a beneficial effect in the densification process. The calcination temperature has a major influence on the sintering process and powders calcined at 1100 °C possess good sinterabilities. The pressure applied to press the green pellets has no apparent influence on the sintered density at sintering temperatures of T≥1400 °C. By controlling the processing variables it was possible to obtain near fully dense Nd-doped BaCeO₃ ceramics with homogeneous microstructure at a sintering …

Governing Equations For Transport In Porous Electrodes, Pauline De Vidts, Ralph E. White

Faculty Publications

No abstract provided.

Mathematical Modeling Of Proton‐Exchange‐Membrane Fuel‐Cell Stacks, Dhanwa Thirumalai, Ralph E. White

Faculty Publications

No abstract provided.

Electrowinning Of Nonnoble Metals With Simultaneous Hydrogen Evolution At Flow-Through Porous Electrodes Iii. Time Effects, Mahmoud M. Saleh, John W Weidner, Bahgat E. El-Anadouli, Badr G. Ateya

Faculty Publications

The electrowinning of zinc from a recirculating alkaline zincate solution at a flow-through porous electrode was investigated. Experimental results were obtained to test the predictions of a mathematical model. The effects of electrolyte flow rate, cell current, and electrode thickness on the concentration-time relations and coulombic efficiency-time relations were studied. The experimental results show that the highest recovery rate was obtained at both high flow rates and cell currents. There is, however, a practical limit for increasing both the cell current and the electrolyte flow rate. Reasonable agreement between the model predictions and experimental results was obtained. A case study …

An Electrochemical Route For Making Porous Nickel Oxide Electrochemical Capacitors, Venkat Srinivasan, John W. Weidner

Faculty Publications

Porous nickel oxide films were prepared by electrochemically precipitating nickel hydroxide and heating the hydroxide in air at 300°C. The resulting nickel oxide films behave as an electrochemical capacitor with a specific capacitance of 59 F/g electrode material. These nickel oxide films maintain high utilization at high rates of discharge (i.e., high power density) and have excellent cycle life. Porous cobalt oxide films were also synthesized. Although the specific capacitances of these films are approximately one-fifth that of the nickel oxide films, the results demonstrate the versatility of fabricating a wide range of porous metal oxide films using …

Molecular-Level Modeling Of The Viscoelasticity Of Crosslinked Polymers: Effect Of Time And Temperature, Philip P. Simon, Harry J. Ploehn

Faculty Publications

We present a new molecular-level picture of chain dynamics for describing the viscoelasticity of crosslinked polymers. The associated mathematical model consists of a time-dependent momentum balance on a representative polymer segment in the crosslinked network, plus phenomenological expressions for forces acting on the segments. These include a cohesive force that accounts for intermolecular attraction, an entropic force describing the thermodynamics governing chain conformations, and a frictional force that captures the temperature dependence of relative chain motion. We treat the case of oscillatory uniaxial deformation. Solution of the model equations in the frequency domain yields the dynamic moduli as functions of …

Lithium Bonding Interaction In H2Cy⋯Lif (Y=O,S) Complexes: A Theoretical Probe, Salai Cheettu Ammal, P. Venuvanalingam, S. Pal

Faculty Publications

Ab initio calculations at 6-31++G(d,p) level have been done on H2CY⋯LiF (Y=O,S) complexes choosing ten possible orientations in each complex. The effect of correlation on complex binding energies has been studied via single point MP2 (full) calculations done on 6-31++G(d,p) geometry. Binding energies have been corrected for basis set superposition error. Frequency calculations confirm that H2CO⋯LiF and H2CS⋯LiF complexes have three and two stable forms, respectively. The most stable form in each complex has been found to have a strong lithium bonding interaction and a secondary hydrogen bondinginteraction. NBO analysis has revealed that in this form oxygen donates nσ lone …

Truth Or Consequences: A Study Of Critical Issues And Decision Making In Accounting, Annetta M. Gibson, Albert H. Frakes

Faculty Publications

This study applies a theoretical framework, the theory of reasoned action, to the examination of unethical decision making in job-related situations encountered by CPAs. A survey methodology was employed in which respondents were asked to use both self-reported and randomized response techniques for reporting unethical behavior. The results indicate that individuals are unwilling to accurately report either unethical behavior or intention, particularly in situations where there is no question as to the unacceptability of the action or the potential penalty as presented in the AICPA Code of Professional Conduct. Implications for the accounting profession and research are discussed.

Search For Lepton Flavor Violation In Ep Collisions At 300 Gev Center Of Mass Energy, M. Derrick, D. Krakauer, S. Magill, D. Mikunas, B. Musgrave, J. R. Okrasiński, J. Repond, R. Stanek, R. L. Talaga, H. Zhang, Margarita C. K. Mattingly, F. Anselmo, P. Antonioli, G. Bari, M. Basile, L. Bellagamba, D. Boscherini, A. Bruni, G. Bruni, P. Bruni, G. Cara Romeo, G. Castellini, L. Cifarelli, F. Cindolo, A. Contin, M. Corradi, I. Gialas, P. Giusti, G. Iacobucci, G. Laurenti, G. Levi

Faculty Publications

Using the ZEUS detector at the HERA electron-proton collider, we have searched for lepton flavor violation in ep collisions at a center-of-mass energy (√s) of 300 GeV. Events of the type e + p → ℓ + X with a final-state lepton of high transverse momentum, ℓ = μ or τ, were sought. No evidence was found for lepton flavor violation in the combined 1993 and 1994 data samples, for which the integrated luminosities were 0.84 pb-1 for e-p collisions and 2.94 pb-1 for e+p collisions. Limits on coupling vs. mass are provided for leptoquarks and R-parity violating squarks. For …

Measurement Of Inelastic J/Ψ Photoproduction At Hera, J. Breitweg, M. Derrick, D. Krakauer, S. Magill, D. Mikunas, B. Musgrave, J. Repond, R. Stanek, R. L. Talaga, R. Yoshida, H. Zhang, Margarita C. K. Mattingly, F. Anselmo, P. Antonioli, G. Bari, M. Basile, L. Bellagamba, D. Boscherini, A. Bruni, G. Bruni, G. Cara Romeo, G. Castellini, L. Cifarelli, F. Cindolo, A. Contin, M. Corradi, S. De Pasquale, I. Gialas, P. Giusti, G. Iacobucci, G. Laurenti

Faculty Publications

No abstract provided.

Study Of Photon Dissociation In Diffractive Photoproduction At Hera, J. Breitweg, M. Derrick, D. Krakauer, S. Magill, D. Mikunas, B. Musgrave, J. Repond, R. Stanek, R. L. Talaga, R. Yoshida, H. Zhang, Margarita C. K. Mattingly, F. Anselmo, P. Antonioli, G. Bari, M. Basile, L. Bellagamba, D. Boscherini, A. Bruni, G. Bruni, G. Cara Romeo, G. Castellini, L. Cifarelli, F. Cindolo, A. Contin, M. Corradi, S. De Pasquale, I. Gialas, P. Giusti, G. Iacobucci, G. Laurenti

Faculty Publications

Diffractive dissociation of quasi-real photons at a photon-proton centre of mass energy of W ≈ 200 GeV is studied with the ZEUS detector at HERA. The process under consideration is γp → XN, where X is the diffractively dissociated photon system of mass MX and N is either a proton or a nucleonic system with mass MN < 2 GeV. The cross section for this process in the interval 3 < MX < 24 GeV relative to the total photoproduction cross section was measured to be σDpartial/σtot = 6.2 ± 0.2(stat) ± 1.4(syst)%. After extrapolating this result to the mass interval of mφ2 < MX2 < 0.05W2 and correcting it for proton dissociation, the fraction of the total cross section attributed to single diffractive photon dissociation, γp → Xp, is found to be σSD/σtot = 13.3 ± 0.5(stat) ± 3.6(syst)%. The mass spectrum of the dissociated photon system in the interval 8 < MX < 24 GeV can be described by the triple pomeron (IP IP IP) diagram with an effective pomeron intercept of αIP(0) = 1.12 ± 0.04(stat) ± 0.08(syst). The cross section for photon dissociation in the range 3 < MX < 8 GeV is significantly higher than that expected from the triple pomeron amplitude describing the region 8 < MX < 24 GeV. Assuming that this discrepancy is due to a pomeron-pomeron-reggeon (IP IP IR) term, its contribution to the diffractive cross section in the interval 3 < MX < 24 GeV is estimated to be fIP IP IR = 26 ± 3(stat) ± 12(syst)%. © Springer-Verlag 1997.

Madaba Plains Project 1996: Excavations At Tall Al-'Umayri, Tall Jalul, And Vicinity, Larry G. Herr, Lawrence T. Geraty, Oystein S. Labianca, Randall W. Younker, Douglas R. Clark

Faculty Publications

No abstract provided.

Welfare Reform Under The Personal Responsibility Act: Ending Welfare As We Know It Or Governmental Child Abuse?, Nancy A. Wright

Faculty Publications

No abstract provided.

Stories From The Gender Garden: Transsexuals And Anti-Discrimination Law, Patricia A. Cain

Faculty Publications

Federal antidiscrimination law (Title VII) and most state antidiscrimination laws do not apply to discrimination against transsexual persons. The standard legal analysis is that such discrimination is not discrimination on the basis of "sex." This article employs a narrative method in order to raise the reader's consciousness about the lives of transsexual and transgendered persons. Specifically, the article focuses on the stories of female-to-male transsexuals (FTMs) and other females who have embraced male attributes (e.g., butch lesbians). The very existence of many FTMs who are part-male and part-female challenges the bipolar nature of our current sex jurisprudence which assumes that …

Breaking Up Can Be Hard To Do: Partitioning Jointly Owned Oil And Gas And Other Mineral Interests In Texas, Dorothy J. Glancy

Faculty Publications

No abstract provided.

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 …

Dedication, (Symposium : In Honor Of Professor Trina Grillo : Legal Education For A Diverse World), Stephanie M. Wildman

Faculty Publications

No abstract provided.

Race, Religion, And Cultural Identity: Reconciling The Jurisprudence Of Race And Religion, Tseming Yang

Faculty Publications

No abstract provided.

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 …

Hong Kong's Economy Under Chinese Rule: Prosperity And Stability?, Anna M. Han

Faculty Publications

No abstract provided.