Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

1998

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 11791 - 11820 of 12929

Full-Text Articles in Entire DC Network

A Contractarian Defense Of Corporate Philanthropy, Margaret M. Blair Jan 1998

A Contractarian Defense Of Corporate Philanthropy, Margaret M. Blair

Vanderbilt Law School Faculty Publications

Statutory and case law make it clear that corporate officers and directors have very wide discretion to direct reasonable amounts of corporate resources toward artistic, educational, and humanitarian causes, even if those causes have only a remote connection (or no obvious connection at all) to the business goals and profitability of the firm. This stance of the law has been defended primarily by reference to an "entity" theory of the firm. By contrast, contractarian legal scholars, who view the corporation in terms of a principal-agent model, with shareholders as principles, and officers and directors as their agents, have argued that …

Go to article

The Social Costs Of Punitive Damages Against Corporations In Environmental And Safety Torts, W. Kip Viscusi Jan 1998

The Social Costs Of Punitive Damages Against Corporations In Environmental And Safety Torts, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

Legal scholars and judges have long expressed concerns over the unpredictability and arbitrariness of punitive damages awards. Proposed remedies, such as restricting punitive damages to narrowly defined circumstances, have not yet met with success. This paper addresses the threshold issue of whether, on balance, punitive damages have benefits in excess of their costs. There is no evidence of a significant deterrent effect based on an original empirical analysis of a wide range of risk measures for the states with and without punitive damages. These measures included accident rates, chemical spills, medical malpractice injuries, insurance performance, and other outcomes that should …

Go to article

Judicial Independence: Playing Politics With The Constitution, Suzanna Sherry Jan 1998

Judicial Independence: Playing Politics With The Constitution, Suzanna Sherry

Vanderbilt Law School Faculty Publications

I begin with a question: why have a conference on judicial independence? To find the answer, one need only read the newspapers. Judicial independence-as well as its political counterpart, judicial impeachment-is a hot topic these days because some in Congress have threatened to impeach judges for delivering unpopular decisions. So I take as my subject in this Essay the question of whether the constitutional provisions safeguarding judicial independence protect judges against impeachment for issuing rulings that Congress considers erroneous or even loathsome. When we talk about judicial independence, we have to separate two questions. The first question is the extent …

Go to article

Justice O'Connor's Dilemma: The Baseline Question, Suzanna Sherry Jan 1998

Justice O'Connor's Dilemma: The Baseline Question, Suzanna Sherry

Vanderbilt Law School Faculty Publications

Many commentators view City of Boerne v. Flores,' in which a divided Supreme Court struck down the Religious Freedom Restoration Act of 1993 (RFRA), as a major defeat in the battle for religious freedom in the United States.' Be that as it may, Flores is also an opportunity to begin a discussion on another issue entirely: the appropriate relationship between dissenting Justices and majority opinions. Should a Justice who disagrees with a majority of the Court nevertheless accept the majority's holding as defining the law for purposes of establishing a baseline for subsequent questions? In order to understand the question …

Go to article

The Irony Of Deregulatory Takings, Jim Rossi Jan 1998

The Irony Of Deregulatory Takings, Jim Rossi

Vanderbilt Law School Faculty Publications

This is a critical review essay, exploring the thesis advanced by Gregory Sidak and Daniel Spulber in their book Deregulatory Takings and the Regulatory Contract (Cambridge University Press 1997). Sidak and Spulber argue that deregulation of the electric utility and local telephony industries can constitute an unconstitutional taking to the extent the state does not provide compensation for the investment-backed expectations of firms in the industry. In addition, they argue that economic efficiency requires this result. This review takes Sidak and Spulber to task for their reading of the case law. In addition, the review criticizes their argument for giving …

Go to article

Compensating Differentials For Gender-Specific Job Injury Risks, Joni Hersch Jan 1998

Compensating Differentials For Gender-Specific Job Injury Risks, Joni Hersch

Vanderbilt Law School Faculty Publications

Women have largely been excluded from analyses of compensating differentials for job risk since they are predominantly employed in safer, white-collar occupations. New data reveal that their injury experience is considerable. One-third of the total injury and illness cases with days away from work accrue to female workers. Adjusted for employment, women are 71 percent as likely as men to experience an injury or illness. As one would predict on theoretical grounds, these risks generate compensating differentials. Based on gender-specific injury incidence rates for both industry and occupation, I find strong evidence of compensating wage differentials for the job risk …

Go to article

Freeing Prisoners' Labor, Stephen P. Garvey Jan 1998

Freeing Prisoners' Labor, Stephen P. Garvey

Cornell Law Faculty Publications

Although labor was central to the internal life of the early penitentiary, it has virtually vanished from today's prison. In this article, Professor Garvey proposes making labor once again a key part of the prison regime. During the decades surrounding the turn of the century, organized labor and business successfully lobbied for protectionist state and federal legislation that prohibited private firms from contracting for prison labor and selling prison-made goods on the open market. This legislation abolished the old "contract" system of prison labor and replaced it with the "state-use" system. Under the state-use system, inmates work only for the …

Go to article

Diode Lasers And Their Application For Raman Spectroscopy, Richard Bandell Homard Jan 1998

Diode Lasers And Their Application For Raman Spectroscopy, Richard Bandell Homard

Theses and Dissertations

Diode lasers are semiconductor devices and as such are small, relatively inexpensive, and modest in power requirements. They are being used more and more in a variety of spectroscopic measurement systems. Diodes can be configured to provide a single wavelength for Raman measurement or be tuned over a 10-20 nm range for absorption studies. Most commercial diode-based Raman systems currently employ lasers with output powers in the 100-1000 mW range. There are obvious strategic and economic advantages associated with low power diode chemical analyzers, especially those being developed for on-line industrial and environmental monitoring. A diode-based Raman measurement system which …

Go to article

Measuring Fine Aggregate Shape By Digital Imaging, Larry David Klotz Jan 1998

Measuring Fine Aggregate Shape By Digital Imaging, Larry David Klotz

Theses and Dissertations

Fine aggregate shape has been identified as a factor in determining asphalt pavement rutting susceptibility. In an effort to improve test methods for measuring aggregate shape characteristics, a video-based, computer-controlled imaging system was developed. Individual aggregate particles were characterized by shape attributes. A neural network classifier used these attributes to calculate a single number classification index that relates to expected performance in asphalt concrete based on angularity. Expert judges were used to train the neural network classifier by scoring a set of particle outlines. Discrepancies in the expert's scores indicate that considerable uncertainties still exist in the concept of 'angularity'. …

Go to article

Review Essay / Criminal Procedure As Constitutional Law, Gerard V. Bradley Jan 1998

Review Essay / Criminal Procedure As Constitutional Law, Gerard V. Bradley

Journal Articles

Book review and essay of The Constitution and Criminal Procedure: First Principles by Akhil Reed Amar.

Go to article

The Gospel Inn: Paul’S Mission To The Expatriate Communities, David J. Pederson Jan 1998

The Gospel Inn: Paul’S Mission To The Expatriate Communities, David J. Pederson

Faculty Publications and Presentations

No abstract provided.

Go to article

Disaggregation Procedures For Stochastic Hydrology Based On Nonparametric Density Estimation, David G. Tarboton, Ashish Sharma, Upmanu L. Lall Jan 1998

Disaggregation Procedures For Stochastic Hydrology Based On Nonparametric Density Estimation, David G. Tarboton, Ashish Sharma, Upmanu L. Lall

Civil and Environmental Engineering Faculty Publications

Synthetic simulation of streamflow sequences is important for the analysis of water supply reliability. Disaggregation models are an important component of the stochastic streamflow generation methodology. They provide the ability to simulate multiseason and multisite streamflow sequences that preserve statistical properties at multiple timescales or space scales. In recent papers we have suggested the use of nonparametric methods for streamflow simulation. These methods provide the capability to model time series dependence without a priori assumptions as to the probability distribution of streamflow. They remain faithful to the data and can approximate linear or nonlinear dependence. In this paper we extend …

Go to article

The Constructs And Practices Of Job Placement, Michael J. Millington, R. Butterworth, S. Fesko, H. Mccarthy Jan 1998

The Constructs And Practices Of Job Placement, Michael J. Millington, R. Butterworth, S. Fesko, H. Mccarthy

Special Education and Rehabilitation Counseling Faculty Publications

No abstract provided.

Go to article

Aicpa Annual Report 1997-98; Future In The Making, American Institute Of Certified Public Accountants Jan 1998

Aicpa Annual Report 1997-98; Future In The Making, American Institute Of Certified Public Accountants

AICPA Annual Reports

No abstract provided.

Go to article

Annual Report 1997-1998, American Institute Of Certified Public Accountants. Sec Practice Section. Public Oversight Board Jan 1998

Annual Report 1997-1998, American Institute Of Certified Public Accountants. Sec Practice Section. Public Oversight Board

AICPA Annual Reports

No abstract provided.

Go to article

Supply Of Accounting Graduates And The Demand For Public Accounting Recruits, 1997, For Academic Year 1995-96, Beatrice Sanders, Leticia B. Romeo Jan 1998

Supply Of Accounting Graduates And The Demand For Public Accounting Recruits, 1997, For Academic Year 1995-96, Beatrice Sanders, Leticia B. Romeo

AICPA Annual Reports

No abstract provided.

Go to article

Mormonism On The Internet Ii, Gregory Taggart Jan 1998

Mormonism On The Internet Ii, Gregory Taggart

Review of Books on the Book of Mormon 1989–2011

Websites for and against the Latter-day Saints proliferate. Some of them are, of course, better than others.

Go to article

Colorimetric Characterization Of The Apple Studio Display (Flat Panel Lcd), Mark Fairchild, David Wyble Jan 1998

Colorimetric Characterization Of The Apple Studio Display (Flat Panel Lcd), Mark Fairchild, David Wyble

Articles

The colorimetric characterization of a flat-panel LCD monitor, the Apple Studio Display, using traditional CRT characterization techniques was evaluated. The results showed that the display performed up to the manufacturer's specifications in terms of luminance and contrast. However, the traditional CRT gain-offset-gamma (GOG) model for characterization was inadequate and a model with one-dimensional lookup tables followed by a 3x3 matrix was developed. The LUT model performed excellently with average CIE94 color differences between measured and predicted colors of approximately 1.0.

Go to article

Vicarious Liabiliy For Sexual Assault: The Two New Tests For Scope Of Employment In B.(P.A.) V. Curry And T.(G.) V. Griffiths, Sheila Wildeman Jan 1998

Vicarious Liabiliy For Sexual Assault: The Two New Tests For Scope Of Employment In B.(P.A.) V. Curry And T.(G.) V. Griffiths, Sheila Wildeman

Dalhousie Journal of Legal Studies

Recently, Canadian courts have been divided on the issue of whether or in what conditions vicarious liability may be assigned for an employee's act of sexual assault. In particular, the controversy has focused upon the issue of the proper test for gauging whether a sexual assault may be deemed to have been committed within the scope of employment. The most radical new approach to scope of employment in the context of sexual assault has been that of the B.C. Court of Appeal in the case B.(P.A.) v. Curry and its companion judgment T.(G.) v. Griffiths. In B.(P.A.), the B.C. Court …

Go to article

Mandatory Indeterminate Sentences Under Dangerous Offender Legislation, Jennifer J. Soward Jan 1998

Mandatory Indeterminate Sentences Under Dangerous Offender Legislation, Jennifer J. Soward

Dalhousie Journal of Legal Studies

On September 17, 1996, Allan Rock, Minister of Justice and Attorney General of Canada, and Herb Grey, Solicitor General of Canada, announced "tough new measures" to deal with dangerous offenders. These measures were introduced in Bill C-55, which received Royal Assent on April 15, 1997. The following comment focuses on only one significant change to the dangerous offender legislation. As part of these measures, the new section 753(4) of the Criminal Code removes a judge's discretion to award a determinate sentence once an accused is found to be a dangerous offender. This discretionary power is which existed in the former …

Go to article

American History And Government Textbooks, National Education Standards, And The Making Of The United States Constitution, Ray J. Curtis Jan 1998

American History And Government Textbooks, National Education Standards, And The Making Of The United States Constitution, Ray J. Curtis

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Go to article

Organizational Culture| A Perspective That Yields Dividends, M. Jane Redeau-Ogle Jan 1998

Organizational Culture| A Perspective That Yields Dividends, M. Jane Redeau-Ogle

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Go to article

Sensitivity Analysis Of The Simpplle Model On Lubrecht Experimental Forest, Western Montana, Christine Marie Stalling Jan 1998

Sensitivity Analysis Of The Simpplle Model On Lubrecht Experimental Forest, Western Montana, Christine Marie Stalling

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Go to article

Differential Sensitivity Of High-Affinity Glutamate Transport Systems To Oxidative Stress, W. Wallace Webster Jan 1998

Differential Sensitivity Of High-Affinity Glutamate Transport Systems To Oxidative Stress, W. Wallace Webster

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Go to article

Law And Language: An Empirically-Based Model For The Opening Moments Of Client Interviews, Gay Gellhorn Jan 1998

Law And Language: An Empirically-Based Model For The Opening Moments Of Client Interviews, Gay Gellhorn

Clinical Law Review

This paper presents a model for lawyer-client interaction in the opening moments of an initial encounter. The model is derived from empirical data- videotaped and transcribed law student-client and attorney-client first interviews- which demonstrate that clients reveal critical self-information in their opening words, regardless of when those words occur and regardless of the legal interviewer's role in eliciting them. This information usually is not acknowledged by legal interviewers, with negative consequences. Failure to hear and see affects the legal interviewer's ability to form a relationship with a client, to comprehend the full range of information the client needs to share, …

Go to article

What If There Is No Client: Prosecutors As Counselors Of Crime Victims, Stacy Caplow Jan 1998

What If There Is No Client: Prosecutors As Counselors Of Crime Victims, Stacy Caplow

Clinical Law Review

As a teacher in a criminal practice-based clinic, I often feel like an eavesdropper on the discourse among clinicians about lawyering skills and professional values. Both the context of, and the language describing, criminal law practice, are sufficiently different from civil practice to make it difficult to teach many of the lessons and approaches developed in traditional texts used in clinical education, particularly those concerned with client-counseling. The dissonance between the sounds heard in a criminal and civil practice was loud when I was teaching a criminal defense clinic. When I moved on to teach an in-house prosecutor's clinic, the …

Go to article

Slip-Sliding Into Mediation: Can Lawyers Mediate Their Clients' Problems?, Jonathan M. Hyman Jan 1998

Slip-Sliding Into Mediation: Can Lawyers Mediate Their Clients' Problems?, Jonathan M. Hyman

Clinical Law Review

Can lawyers become mediators? Imagine a meeting between a lawyer and a client, discussing a legal dispute that has brought the client to the lawyer's office. Imagine, too, that the lawyer has dutifully informed the client about the various options that are available for handling the dispute, ranging from one end of the spectrum - adversarial litigation - to the other - mediation. Indeed, some court rules, and even some ethics standards, ask lawyers to inform their clients of the various methods available to resolve the clients' disputes, including mediation. The lawyer is skilled and candid. She accurately and wholeheartedly …

Go to article

Flexible Paradigms And Slim Course Design: Initiating A Professional Approach To Learning Advocacy Skills, Marcus Soanes Jan 1998

Flexible Paradigms And Slim Course Design: Initiating A Professional Approach To Learning Advocacy Skills, Marcus Soanes

Clinical Law Review

Professional training programs in England seek to prepare students for a life-long journey of development in the world of practice. The aim is high, the students have much to learn and the tutors have a lot to teach. Many decisions have to be made about course content and the structure, form and method of the educational program. As part of the planning strategy the course designers have to ask themselves and others fundamental questions about the nature of the legal profession and the role of the lawyer in society. The answers to two such fundamental questions have influenced the way …

Go to article

Coherence And Incoherence In Values-Talk, Paul R. Tremblay Jan 1998

Coherence And Incoherence In Values-Talk, Paul R. Tremblay

Clinical Law Review

The theme of the 1998 Conference of the Clinical Section of the Association of American Law Schools, held in Portland, Oregon, was "values"- what values law professors hold, how they might differ from those of their students, whether it is appropriate to "teach" about values, whether it is even possible not to teach about them, how to discuss values in a non-threatening fashion, whether some values might simply be wrong, and so forth. Important questions, generating productive conversation and debate, to the deep satisfaction, from all signs, of the participants, who are not known to be uncritical of such conferences …

Go to article

Toward A Practical Estate-Tax Exclusion For Family-Run Businesses: Analysis Of Section 2033a And Proposal For Reform, Eric D. Chason, Robert T. Danforth Jan 1998

Toward A Practical Estate-Tax Exclusion For Family-Run Businesses: Analysis Of Section 2033a And Proposal For Reform, Eric D. Chason, Robert T. Danforth

Faculty Publications

In a previous work appearing in this Journal, the authors proposed an approach to estate and gift taxation that encourages productive behavior by the recipients of wealth. In this Article, the authors analyze, in the context of their earlier work, the new estate-tax exclusion for closely held businesses (section 2033A) created by the Taxpayer Relief Act of 1997. The authors describe the features of a practical family-run business exclusion and conclude that section 2033A, in its present form, fails as a practical exclusion. The authors catalogue those elements of section 2033A that should be retained and propose reforms of those …

Go to article

First Prev Next Last