Digital Commons Network^™

Litigation Discovery Cannot Be Optimal But Could Be Better: The Economics Of Improving Discovery Timing In A Digital Age, Scott A. Moss

Publications

Cases are won and lost in discovery, yet discovery draws little academic attention. Most scholarship focuses on how much discovery to allow, not on how courts decide discovery disputes--which, unlike trials, occur in most cases. The growth of computer data--e-mails, lingering deleted files, and so forth--increased discovery cost, but the new e-discovery rules just reiterate existing cost-benefit proportionality limits that draw broad consensus among litigation scholars and economists. But proportionality rules are impossible to apply effectively; they fail to curb discovery excess yet disallow discovery that meritorious cases need. This Article notes proportionality's flaws but rejects the consensus blaming bad …

The Diverging Meaning Of Good Faith, Mark J. Loewenstein

Publications

This article explores the meaning of "good faith" in the context of corporations and unincorporated entities. The courts, particularly in Delaware, have developed two different approaches. In the corporate arena, the courts are fashioning a notion of good faith that seems to require an examination of director motivations. In the unincorporated arena, good faith has a meaning grounded in contract law. These are two different concepts and reflect the fundamental differences between corporations and unincorporated entities, with the former based on fiduciary duties and the latter on contract. There are, however, indications that this "divergence" is starting to disappear, and …

The Future Of Internet Regulation, Philip J. Weiser

Publications

Policymakers are at a precipice with regard to Internet regulation. The Federal Communications Commission's ("FCC") self-styled adjudication of a complaint that Comcast violated the agency's Internet policy principles (requiring reasonable network management, among other things) clarified that the era of the non-regulation of the Internet is over. Equally clear is that the agency has yet to develop a model of regulation for a new era. As explained in this Article, the old models of regulation - reliance on command-and-control regulation or market forces subject only to antitrust law - are doomed to fail in a dynamic environment where cooperation is …

Formalism And Realism In Ruins (Mapping The Logics Of Collapse), Pierre Schlag

Publications

After laying out a conventional account of the formalism vs. realism debates, this Article argues that formalism and realism are at once impossible and entrenched. To say they are impossible is to say that they are not as represented--that they cannot deliver their promised goods. To say that they are entrenched is to say that these forms of thought are sedimented as thought and practice throughout law's empire. We live thus amidst the ruins of formalism and realism. The disputes between these two great determinations of American law continue today, but usually in more localized or circumscribed forms. We see …

Book Review: Cyber Security And Global Information Assurance: Threat Analysis And Response Solutions, Gary C. Kessler

Publications

This document is Dr. Kessler's review of Cyber Security and Global Information Assurance: Threat Analysis and Response Solutions, edited by Kenneth J. Knapp. Information Science Reference, 2009. ISBN: 978-1-60566-326-5.

Assuring Access: One Library's Journey From Print To Electronic Only Subscriptions, Aparna Zambare, Anne Marie Casey, John Fierst, David Ginsburg, Judith O'Dell, Timothy Peters

Publications

The migration of library collections from print to electronic formats has been a priority for many institutions during the last ten years and has played a key role in the transformation of the modern academic library. Not surprisingly, this process has been labor-intensive, costly, and occasionally frustrating to those involved in the transformation. This article recounts the challenges that the Central Michigan University Libraries faced and the measures it established to overcome these challenges as it undertook the process of successfully moving from a print-based to a predominately electronic only subscription collection.

Forensic Analysis Of The Sony Playstation Portable, Scott Conrad, Carlos Rodriguez, Chris Marberry, Philip Craiger

Publications

The Sony PlayStation Portable (PSP) is a popular portable gaming device with features such as wireless Internet access and image, music and movie playback. As with most systems built around a processor and storage, the PSP can be used for purposes other than it was originally intended – legal as well as illegal. This paper discusses the features of the PSP browser and suggests best practices for extracting digital evidence.

Invited Article: Data Analysis Of The Floating Potential Measurement Unit Aboard The International Space Station, Aroh Barjatya, Charles M. Swenson, Donald C. Thompson, Kenneth H. Wright

Publications

We present data from the Floating Potential Measurement Unit (FPMU) that is deployed on the starboard truss of the International Space Station. The FPMU is a suite of instruments capable of redundant measurements of various plasma parameters. The instrument suite consists of a floating potential probe, a wide-sweeping spherical Langmuir probe, a narrow-sweeping cylindrical Langmuir probe, and a plasma impedance probe. This paper gives a brief overview of the instrumentation and the received data quality, and then presents the algorithm used to reduce I-V curves to plasma parameters. Several hours of data are presented from August 5, 2006 and March …

Singular Superposition/Boundary Element Method For Reconstruction Of Multi-Dimensional Heat Flux Distributions With Application To Film Cooling Holes, Mahmood Silieti, Eduardo Divo, Alain J. Kassab

Publications

A hybrid singularity superposition/boundary element-based inverse problem method for the reconstruction of multi-dimensional heat flux distributions is developed. Cauchy conditions are imposed at exposed surfaces that are readily reached for measurements while convective boundary conditions are unknown at surfaces that are not amenable to measurements such as the walls of the cooling holes. The purpose of the inverse analysis is to determine the heat flux distribution along cooling hole surfaces. This is accomplished in an iterative process by distributing a set of singularities (sinks) inside the physical boundaries of the cooling hole (usually along cooling hole centerline) with a given …

Code, Crash, And Open Source: The Outsourcing Of Financial Regulation To Risk Models And The Global Financial Crisis, Erik F. Gerding

Publications

The widespread use of computer-based risk models in the financial industry during the last two decades enabled the marketing of more complex financial products to consumers, the growth of securitization and derivatives, and the development of sophisticated risk-management strategies by financial institutions. Over this same period, regulators increasingly delegated or outsourced vast responsibility for regulating risk in both consumer finance and financial markets to these privately owned industry models. Proprietary risk models of financial institutions thus came to serve as a "new financial code" that regulated transfers of risk among consumers, financial institutions, and investors.

The spectacular failure of financial-industry …

The Expanding Use Of The Res Gestae Doctrine, H. Patrick Furman, Ann England

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This article provides a brief history of the doctrine of res gestae and an analysis of its current usage in both Colorado state and federal courts.

The Economic Situation, 2008 December, Bruce Yandle

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Quarterly report on the economic situation of the United States and South Carolina.

Hydraulic Actuated Automotive Cooling Systems - Nonlinear Control And Test, John Wagner, M H. Salah, P M. Frick, D M. Dawson

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The replacement of traditional automotive mechanical cooling system components with computer controlled servo-motor driven actuators can improve temperature tracking and reduce parasitic losses. The integration of hydraulic actuators in the engine cooling circuit offers greater power density in a smaller package space when compared with electric actuators. In this paper, a comprehensive nonlinear backstepping robust control technique is developed to regulate the engine coolant temperature by controlling a hydraulic coolant pump and radiator fan. An experimental test bench has been assembled to investigate the hydraulic automotive thermal system performance. Representative numerical and experimental results are presented and discussed. Overall, the …

A Performance And Productivity Study Using Mpi, Titanium, And Fortress, Amy Apon, Chris Bryan, Wesley Emeneker

Publications

The popularity of cluster computing has increased focus on usability, especially in the area of programmability. Languages and libraries that require explicit message passing have been the standard. New languages, designed for cluster computing, are coming to the forefront as a way to simplify parallel programming. Titanium and Fortress are examples of this new class of programming paradigms. This papers presents results from a productivity study of these two newcomers with MPI, the de- facto standard for parallel programming.

A Three-Dimensional Pattern-Space Representation For Volumetric Arrays, William C. Barott, Paul G. Steffes

Publications

A three-dimensional pattern-space representation is presented for volumetric arrays. In this representation, the radiation pattern of an array is formed by the evaluation of the three-dimensional pattern-space on a spherical surface. The scan angle of the array determines the position of this surface within the pattern-space. This pattern-space representation is used in conjunction with a genetic algorithm to minimize the sidelobe levels exhibited by a thinned volumetric array during scanning.

Geocoronal Hydrogen Observations Spanning Three Solar Minima, S. M. Nossal, E. J. Mierkiewicz, F. L. Roesler, L. M. Haffner, R. J. Reynolds, R. C. Woodward

Publications

The 11-year solar cycle is a dominant source of natural variability in the upper atmosphere, and its effect on atomic hydrogen distributions and emissions must be understood to investigate possible signs of longer-term climatic trends in this region. We present midlatitude geocoronal hydrogen Balmer α observations from solar cycle 23 (1997–2006) and three solar minimum periods, 1985, 1997, and 2006. The 1997 through 2006 observations were taken with the Wisconsin H-αMapper Fabry-Perot (WHAM), a ground-based CCD-annular summing instrument that began observations at the Kitt Peak Observatory in Arizona in 1997. The 1985 observations were made with a similarly …

Multicolor Conjugated Polymer Dots For Biological Fluorescence Imaging, Changfeng Wu, Barbara Bull, Craig Szymanski, Kenneth Christensen, Jason Mcneill

Publications

Highly fluorescent conjugated polymer dots were developed for demanding applications such as fluorescence imaging in live cells. These nanoparticles exhibit small particle diameters, extraordinary fluorescence brightness, and excellent photostability. Single particle fluorescence imaging and kinetic studies indicate much higher emission rates (∼10⁸ s⁻¹) and little or no blinking of the nanoparticles as compared to typical results for single dye molecules and quantum dots. Analysis of single particle photobleaching trajectories reveals excellent photostability—as many as 10⁹ or more photons emitted per nanoparticle prior to irreversible photobleaching. The superior figures of merit of these new fluorescent probes, together …

On The Electrostatic Component Of Protein-Protein Binding Free Energy, Kemper Talley, Carmen Ng, Michael Shoppell, Petras Kundrotas, Emil Alexov

Publications

Calculations of electrostatic properties of protein-protein complexes are usually done within framework of a model with a certain set of parameters. In this paper we present a comprehensive statistical analysis of the sensitivity of the electrostatic component of binding free energy (DeltaDeltaGel) with respect with different force fields (Charmm, Amber, and OPLS), different values of the internal dielectric constant, and different presentations of molecular surface (different values of the probe radius). The study was done using the largest so far set of entries comprising 260 hetero and 2148 homo protein-protein complexes extracted from a previously developed database of protein complexes …

Multiwavelength Analysis Of The Intriguing Grb 061126: The Reverse Shock Scenario And Magnetization, A. Gomboc, S. Kobayashi, C. Guidorzi, A. Melandri, V. Mangano, B. Sbarufatti, C. G. Mundell, P. Schady, R. J. Smith, A C. Updike, D A. Kann, K Misra, E Rol, A Pozanenko, A J. Castro-Tirado, G C. Anupama, D Bersier, M F. Bode, D Carter, P Curran, A Fruchter, J Graham, Dieter H. Hartmann, M Ibrahimov, A Levan, A Monfardini, C J. Mottram, P T. O'Brien, P Prema, D K. Sahu, I A. Steele, N R. Tanvir, K Wiersema

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We present a detailed study of the prompt and afterglow emission from Swift GRB 061126 using BAT, XRT, UVOT data and multicolor optical imaging from 10 ground-based telescopes. GRB 061126 was a long burst (T90 ¼191 s) with four overlapping peaks in its -ray light curve. The X-ray afterglow, observed from 26 minutes to 20 days after the burst, shows a simple power-law decay with X ¼1:290 Æ0:008. Optical observations presented here cover the time range from 258 s (Faulkes Telescope North) to 15 days (Gemini North) after the burst; the decay rate of the optical afterglow shows a steep-to-shallow …

Memory Functioning In Children With Reading Disabilities And/Or Attention Deficit/Hyperactivity Disorder: A Clinical Investigation Of Their Working Memory And Long-Term Memory Functioning., Michelle Y. Kibby, Morris J. Cohen

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We examined memory functioning in children with reading disabilities (RD), Attention deficit/hyperactivity disorder (ADHD), and RD/ADHD using a clinic sample with a clinical instrument: the Children's Memory Scale, enhancing its generalizability. Participants included 23 children with RD, 30 with ADHD, 30 with RD/ADHD, and 30 controls. Children with RD presented with reduced verbal short-term memory (STM) but intact visual STM, central executive (CE), and long-term memory (LTM) functioning. Their deficit in STM appeared specific to tasks requiring phonetic coding of material. Children with ADHD displayed intact CE and LTM functioning but reduced visual-spatial STM, especially when off stimulant medication. Children …

Poet: Polarimeters For Energetic Transients, J. E. Hill, M. L. Mcconnell, P. Bloser, J. Legere, J. Macri, J. Ryan, S. Barthelmy, L. Angelini, T. Sakamoto, J K. Black, Dieter H. Hartmann, P Kaaret, B Zhang, K Ioka, T Nakamura, K Toma, R Yamazaki, X Wu

Publications

POET (Polarimeters for Energetic Transients) is a Small Explorer mission concept proposed to NASA in January 2008. The principal scientific goal of POET is to measure GRB polarization between 2 and 500 keV. The payload consists of two wide FoV instruments: a Low Energy Polarimeter (LEP) capable of polarization measurements in the energy range from 2-15 keV and a high energy polarimeter (Gamma-Ray Polarimeter Experiment – GRAPE) that will measure polarization in the 60-500 keV energy range. Spectra will be measured from 2 keV up to 1 MeV. The POET spacecraft provides a zenith-pointed platform for maximizing the exposure to …

What A User Wants: Redesigning A Library's Web Site Based On A Card-Sort Analysis, Laura Pope Robbins, Lisa Esposito, Christ Kretz, Michael Aloi

Publications

Web site usability concerns anyone with a web site to maintain. Libraries, however, are often the biggest offenders in terms of usability. In our efforts to provide users with everything they need to do research, we often overwhelm them with sites that are confusing in structure, difficult to navigate, and weighed down with jargon. Dowling College Library recently completed a redesign of its web site based upon the concept of usability. For smaller libraries in particular, this can be a challenge. The web site is often maintained by one or two people and finding the time and resources to conduct …

A Photometric Redshift Of Z = 1.8{+0.4}{-0.3} For The Agile Grb 080514b, A. Rossi, A. De Ugarte Postigo, P. Ferrero, D. A. Kann, S. Klose, S. Schulze, J. Greiner, P. Schady, R. Filgas, E E. Gonsalves, A Küpcü Yoldaş, T Krühler, G Szokoly, A Yoldas, P.M.J. Afonso, C Clemens, J S. Bloom, D A. Perley, J.P.U. Fynbo, A J. Castro-Tirado, J Gorosabel, P Kubanek, A C. Updike, Dieter H. Hartmann, A Giuliani, S T. Holland, L Hanlon, M Bremer, J French, G Melady, D A. Garcia-Hernandez

Publications

The AGILE gamma-ray burst GRB 080514B is the first detected to have emission above 30 MeV and an optical afterglow. However, no spectroscopic redshift for this burst is known. We report on our ground-based optical/NIR and millimeter follow-up observations of this event at several observatories, including the multi-channel imager GROND on La Silla, supplemented by Swift UVOT and Swift XRT data. The spectral energy distribution (SED) of the optical/NIR afterglow is found to decline sharply bluewards to the UV bands, which can be utilized in estimating the redshift. Fitting the SED from the Swift UVOT uvw2bandto the H band, we …

Proxemics, Homogenization And Diversity In Mexico´S Road Movies: Por La Libre (2000), Sin Dejar Huella (2000) And Y Tu Mamá También (2001), Salvador Oropesa

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No abstract provided.

Transportation Mergers In The North American Free Trade (Nafta) Area, 2008 October, Clinton H. Whitehurst Jr.

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No abstract provided.

Regulating Land Use - Protecting The Water, Joseph Quintana

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No abstract provided.

Show Me The Shoah!: Generic Experience And Spectatorship In Popular Representations Of The Holocaust, Walter C. Metz

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This essay explores the relationship between the textual features of popular cultural artifacts pertaining to the Holocaust and their reception circumstances. Comparative cultural studies methods are deployed in analyzing a film, Life is Beautiful (Roberto Begnini, 1997); a children’s book, Dr. Seuss’ The Sneetches (1961); and the Jewish Museum Berlin, designed by Daniel Libeskind.

Land Use, Water Conservation And Other Things To Think About, Dale Dekker

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No abstract provided.

Role Of The State - Ose Water Availability Opinions, John Longworth, P.E.

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No abstract provided.

Land & Water Planning In The Middle Valley, Sandy Fish

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No abstract provided.