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1998

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On Commodifying Intangibles, Wendy J. Gordon, Sam Postbrief Jan 1998

On Commodifying Intangibles, Wendy J. Gordon, Sam Postbrief

Faculty Scholarship

It was made clear long ago that property and value are different things. Value exists. It is a fact. It can arise from law, and much of law aims at creating more value in the world. But value can also arise in spite of law (consider, for example, the fortunes that bootleggers made during the Roaring Twenties), or in law's interstices. When a particular value arises despite a lack of explicit legal protection, its possessors often ask courts or legislatures to give them a legal entitlement to preserve and further exploit that value. Typically the holders demand (1) a liberty …

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Managing Legal Change: The Transformation Of Establishment Clause Law, Hugh Baxter Jan 1998

Managing Legal Change: The Transformation Of Establishment Clause Law, Hugh Baxter

Faculty Scholarship

One perspective on the Supreme Court is to see it as a manager of legal change. At a particular time, and with respect to a particular issue of federal law, a majority of Justices may coalesce around a law-transforming project. Because the Court enjoys nearly complete control over its docket, such a coalition of Justices may select carefully the cases most advantageous to the law -transforming project. And because the Court's pronouncements on matters of federal law are binding on all other interpreters, the Court may enforce its legal transformation by exercising its disciplinary powers of review. The Court's implementation …

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Re-Viewing History: The Use Of The Past As Negative Precedent In United States V. Virginia, Deborah A. Widiss Jan 1998

Re-Viewing History: The Use Of The Past As Negative Precedent In United States V. Virginia, Deborah A. Widiss

Articles by Maurer Faculty

No abstract provided.

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Short Changing Short-Term Risk: A Study Of Superfund Remedy Selection, John S. Applegate, Steven M. Wesloh Jan 1998

Short Changing Short-Term Risk: A Study Of Superfund Remedy Selection, John S. Applegate, Steven M. Wesloh

Articles by Maurer Faculty

Unlike most environmental statutes, CERCLA requires a lengthy period of labor-intensive activity to achieve its clean-up goals. This aspect of the Superfund program does not receive sufficient attention in policy and legal analyses of CERCLA, nor during site-specific remedy selection decision-making. The risks of the remediation period-to workers, to site neighbors, and to the natural environment-are substantial, as this Article illustrates. However, the confusing and sometimes dismissive treatment of remediation risk in the EPA 's detailed guidance for Superfund decision-makers invites the neglect of the short-term effectiveness criterion in the remedy selection process. A study of remedy selection documents in …

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The Unitary Second Amendment, David C. Williams Jan 1998

The Unitary Second Amendment, David C. Williams

Articles by Maurer Faculty

No abstract provided.

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Co-Opting Compassion: The Federal Victim's Rights Amendment, Lynne N. Henderson Jan 1998

Co-Opting Compassion: The Federal Victim's Rights Amendment, Lynne N. Henderson

Articles by Maurer Faculty

No abstract provided.

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Glacial Deposits, Vol. 26, 1997-1998, Department Of Geography-Geology Jan 1998

Glacial Deposits, Vol. 26, 1997-1998, Department Of Geography-Geology

Glacial Deposits

Newsletter of the Department of Geography-Geology

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Behavioral Economics Analysis Of Redistributive Legal Rules, Christine Jolls Jan 1998

Behavioral Economics Analysis Of Redistributive Legal Rules, Christine Jolls

Vanderbilt Law Review

This Essay offers a behavioral economic analysis of redistributive legal rules. Redistributive legal rules are rules chosen for their effects in shifting wealth from high-income to low-income individuals(progressive redistribution). The desirability of such rules has been the subject of intense debate within the legal community. Many law and economics scholars have urged that legal rules be chosen solely with an eye towards Kaldor-Hicks efficiency (which I will call simply "efficiency" for the remainder of this Essay); these scholars often urge that distributional considerations be addressed (if they are to be addressed at all) exclusively through the tax and welfare systems. …

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In Vitro Anti-Hepatitis B Virus Activities Of 5’-O-Myristoyl Analogue Derivatives Of 3’-Fluoro-2’,3’-Dideoxythymidine (Flt) And 3’-Azido-2’,3’- Dideoxythymidine (Azt), Keykavous Parang, Leonard I. Wiebe, Edward E. Knaus, Jyy-Shiang Huang, David L. Tyrrell Jan 1998

In Vitro Anti-Hepatitis B Virus Activities Of 5’-O-Myristoyl Analogue Derivatives Of 3’-Fluoro-2’,3’-Dideoxythymidine (Flt) And 3’-Azido-2’,3’- Dideoxythymidine (Azt), Keykavous Parang, Leonard I. Wiebe, Edward E. Knaus, Jyy-Shiang Huang, David L. Tyrrell

Pharmacy Faculty Articles and Research

The objective of this study was to evaluate a dual action prodrug concept wherein an unnatural myristic acid analogue is coupled via an ester moiety to the 5’-position of FLT or AZT. Subsequent intracellular cleavage of the prodrug ester would simultaneously release FLT or AZT that could inhibit reverse transcriptase (RT), and the myristic acid analogue that could inhibit myristoyl- CoA:protein N-myristoyltransferase (NMT). Methods: Cytotoxicity (2.2.15 cell culture), and antihepatitis B activity of 5’-O-myristoyl analogue prodrug derivatives of FLT and AZT (2-8) were evaluated in vitro using human liver hepatitis B virus (HBV) producing 2.2.15 cell lines. Results: The 5’- …

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Truth In Adjudication, Mirjan Damaska Jan 1998

Truth In Adjudication, Mirjan Damaska

UC Law Journal

No abstract provided.

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Built On Lies: Preliminary Reflections On Evidence Law As An Autopoietic System, Richard O. Lempert, John Demers Jan 1998

Built On Lies: Preliminary Reflections On Evidence Law As An Autopoietic System, Richard O. Lempert, John Demers

UC Law Journal

No abstract provided.

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"Screw Your Courage To The Sticking-Place": The Roles Of Evidence, Stipulations, And Jury Instructions In Criminal Verdicts, James Joseph Duane Jan 1998

"Screw Your Courage To The Sticking-Place": The Roles Of Evidence, Stipulations, And Jury Instructions In Criminal Verdicts, James Joseph Duane

UC Law Journal

No abstract provided.

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Truth And Its Rivals In The Law Of Hearsay And Confrontation, Richard D. Friedman Jan 1998

Truth And Its Rivals In The Law Of Hearsay And Confrontation, Richard D. Friedman

UC Law Journal

No abstract provided.

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Cognition And Hearsay: A Response To Professor Friedman, Craig R. Callen Jan 1998

Cognition And Hearsay: A Response To Professor Friedman, Craig R. Callen

UC Law Journal

No abstract provided.

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Rival Claims To "Truth", Eleanor Swift Jan 1998

Rival Claims To "Truth", Eleanor Swift

UC Law Journal

No abstract provided.

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Evidential Completeness And The Burden Of Proof, Dale A. Nance Jan 1998

Evidential Completeness And The Burden Of Proof, Dale A. Nance

UC Law Journal

No abstract provided.

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Character At The Crossroads, Roger C. Park Jan 1998

Character At The Crossroads, Roger C. Park

UC Law Journal

No abstract provided.

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The Perilous Task Of Rethinking The Character Evidence Ban, David P. Leonard Jan 1998

The Perilous Task Of Rethinking The Character Evidence Ban, David P. Leonard

UC Law Journal

No abstract provided.

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What Is Wrong With Character Evidence?, Peter Tillers Jan 1998

What Is Wrong With Character Evidence?, Peter Tillers

UC Law Journal

No abstract provided.

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Make-Believe: The Rules Excluding Evidence Of Character And Liability Insurance, Samuel R. Gross Jan 1998

Make-Believe: The Rules Excluding Evidence Of Character And Liability Insurance, Samuel R. Gross

UC Law Journal

No abstract provided.

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The Personhood Argument Against Polygraph Evidence, Or Even If The Polygraph Really Works, Will Courts Admit The Results, James R. Mccall Jan 1998

The Personhood Argument Against Polygraph Evidence, Or Even If The Polygraph Really Works, Will Courts Admit The Results, James R. Mccall

UC Law Journal

No abstract provided.

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The Social Worker's Privilege, Victim's Rights, And Contextualized Truth, Myrna S. Raeder Jan 1998

The Social Worker's Privilege, Victim's Rights, And Contextualized Truth, Myrna S. Raeder

UC Law Journal

No abstract provided.

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Abuse Excuses And The Logic And Politics Of Expert Relevance, Andrew E. Taslitz Jan 1998

Abuse Excuses And The Logic And Politics Of Expert Relevance, Andrew E. Taslitz

UC Law Journal

No abstract provided.

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Merlin And Solomon: Lessons From The Law's Formative Encounters With Forensic Identification Science, Michael J. Saks Jan 1998

Merlin And Solomon: Lessons From The Law's Formative Encounters With Forensic Identification Science, Michael J. Saks

UC Law Journal

No abstract provided.

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The Strawhorsemen Of The Apocalypse: Relativism And The Historian As Expert Witness, Reuel E. Schiller Jan 1998

The Strawhorsemen Of The Apocalypse: Relativism And The Historian As Expert Witness, Reuel E. Schiller

UC Law Journal

No abstract provided.

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Aboriginal Rights, Aboriginal Culture, And Protection, Gordon Christie Jan 1998

Aboriginal Rights, Aboriginal Culture, And Protection, Gordon Christie

All Faculty Publications

There is a common perception that elements of mainstream society are disrespectful of Aboriginal culture. This article argues that developments in the law offer promise for the protection of Aboriginal "intellectual products," manifestations of Aboriginal culture reflecting their world-view. What Aboriginal peoples would like to see protected, however, are not so much words, pictures, or acts but rather the values, beliefs, and principles that give these meaning. Such, the author argues, are best protected by mechanisms internal to Aboriginal communities. Furthermore, the lack of such mechanisms would not justify the intrusion of Canadian law, but rather raises a call within …

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1998 Faculty Senate Meeting Minutes & Supplementary Materials, Morehead State University. Faculty Senate. Jan 1998

1998 Faculty Senate Meeting Minutes & Supplementary Materials, Morehead State University. Faculty Senate.

Faculty Senate Records

Faculty Senate Meeting Minutes & Supplementary Materials for 1998.

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The Feasibility Of Atm Operations Over High Frequency Radio And The Viability Of The Atm/Hf Architecture, Paul Giovanni Jan 1998

The Feasibility Of Atm Operations Over High Frequency Radio And The Viability Of The Atm/Hf Architecture, Paul Giovanni

Theses

High Frequency (HF) radio is still a vital part of communications networks because its low cost and long distance capabilities, and still plays important roles as primary, supplemental, or redundant backup systems. Asynchronous Transfer Mode (ATM) is increasingly becoming an important part of communications, especially with LAN Emulation (LANE) specifications. Add to this the importance and increasing interest and dependency upon wireless networking, and it becomes inevitable that research into mobile ATM networking over HF radio would be considered. To test the feasibility of ATM networking over HF radio it was decided that a simulation would be developed to collect …

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Justification Cost Of Packaging Lines Automation For Canned Chunk Pineapple In Syrup, Tunyarut Viriyapituk Jan 1998

Justification Cost Of Packaging Lines Automation For Canned Chunk Pineapple In Syrup, Tunyarut Viriyapituk

Theses

This study is focused on the cost justification of the different levels of packaging line automation: manual, semi-automatic, and fully automatic of canned chunk pineapple in syrup which is packed in #10 cans. The packaging line criteria and the line designs are established. The suitable machines and the labor input for each step of the packaging line are indicated. In addition, the total machine cost and the total labor input for each level of packaging line automation are shown and compared. As a result, in Thailand, the manual packaging line shows the lowest production cost However, in the US, the …

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A Geochemical Study Of Marine Sediments From The Mac. Robertson Shelf, East Antarctica: Initial Results And Palaeoenvironmental Implications, Peter N. Sedwick, P. T. Harris, L. G. Robertson, G. M. Mcmurtry, M. D. Cremer, P. Robinson Jan 1998

A Geochemical Study Of Marine Sediments From The Mac. Robertson Shelf, East Antarctica: Initial Results And Palaeoenvironmental Implications, Peter N. Sedwick, P. T. Harris, L. G. Robertson, G. M. Mcmurtry, M. D. Cremer, P. Robinson

OES Faculty Publications

Sediments from the Antarctic continental margin may provide detailed palaeoenvironmental records for Antarctic shelf waters during the late Quaternary. Here we present results from a palaeoenvironmental study of two sediment cores recovered from the continental shelf off Mac. Robertson Land, East Antarctica. These gravity cores were collected approximately 90 km apart from locations on the inner and outer shelf. Both cores are apparently undisturbed sequences of diatom ooze mixed with fine, quartz-rich sand. Core stratigraphies have been established from radiocarbon analyses of bulk organic carbon. Down-core geochemical determinations include the lithogenic components Al and Fe, biogenic components opal and organic …

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