Digital Commons Network^™

Three Questions, David Kennedy

City University of New York Law Review

No abstract provided.

The Permissibility Of Affirmative Action In Higher Education Under Human Rights Law, Jordan J. Paust

City University of New York Law Review

International human rights are the supreme law of the land, and thus are a legitimate and valuable source of the permissibility of affirmative action. This source is not only found in federal law relevant to decision making at federal and state levels, but is also found in federal policy which is relevant to the issue of federal preemption. Treaty-based permissibility does not however guarantee that particular measures of affirmative action will survive challenges under other constitutional provisions, but it is relevant to an evolving theory of constitutional rights. Indeed, treaty-based permissibility of affirmative action, coupled with other relevant sources, provide …

Indian Nations And The Human Right To An Independent Judiciary, Tom Tso

City University of New York Law Review

I would like to approach the topic of Indian rights in the context of international law from a new perspective. Currently, there is uncertainty as to whether the proposed United Nations Declaration of the Rights of Indigenous Peoples will be adopted. Given that the Declaration is stalled in Geneva, and given the resistance of states with large indigenous populations to the notion that indigenous peoples should have rights under international law, who knows when, or if, the Declaration will be adopted. We cannot wait. This article will highlight United States and Indian-nation history in the development of Indian-nation law, and …

Investigating Equity Sensitivity As A Moderator Of Relations Between Self-Efficacy And Workplace Attitudes, Bonnie S. O'Neill, Mark A. Mone

Management Faculty Research and Publications

This study integrated measures of equity sensitivity and self-efficacy in an effort to better understand how these variables may affect job satisfaction, organizational commitment, and intent to leave. Equity sensitivity denotes how sensitive people are to overreward and underreward situations and has recently enhanced the accuracy of equity theory in predicting job satisfaction in social exchange situations. Self-efficacy, or task-specific self-confidence, is a central component of Bandura's social cognitive theory, and its influence on individuals' goals, efforts, and task persistence is well documented. Results from a field study of 242 employees in a health care firm support the moderating role …

A Positive Theory Of Chapter 11, Eric A. Posner, Kevin A. Kordana

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Adaptive Detection Of Pn-Spread Psk Waveforms In Hf Atmospheric Noise, M. A. Wadsworth

Theses

The purpose of this work is to investigate optimal methods for the detection of short duration (burst) PN-spread PSK waveforms in HF atmospheric noise. As has been shown, the optimal detector for any waveform in Gaussian background noise is a matched filter. However, HF atmospheric noise is non-Gaussian, necessitating alternate detector designs. A theoretical approach to an alternate detector design is taken, based on radar clutter modeling techniques and concepts from detection theory. The industry standard model for HF atmospheric noise is contained in COR Report 322-3 (1986). The CCLR 322 noise model is a graphical, empirical model based on …

A Theory Of Relativity: Kinship Foster Care May Be The Key To Stopping The Pendulum Of Terminations Vs. Reunification, Megan M. O'Laughlin

Vanderbilt Law Review

The foster care system in the United States is universally regarded as a disaster: too many children languishing for too many years, bouncing from foster home to foster home, or worse yet, returning to the abusive or neglectful home only to face more danger. The failures of the federal foster care system have spurred members of Congress to advocate reform.

Answering the call for reform, Congress overwhelmingly passed and, on November 19, 1997, President Clinton signed into law the Adoption and Safe Families Act of 1997 ("ASFA"). One of the primary purposes of the ASFA is to correct many of …

Re-Reading Reading: "Fairness To All Persons" In The Context Of Administrative Expense Priority For Postpetition Punitive Fines In Bankruptcy, Stephen D. Hurd

Vanderbilt Law Review

Who gets the money when there isn't enough to go around? This is the practical question that the bankruptcy system seeks to answer every day.' In answering this question, the Bankruptcy Code draws a particularly bright line at the filing of a bankruptcy petition. The filing of a petition creates the bankruptcy estate, which is a distinct legal entity from the debtor. Creditors with claims against the debtor arising before filing ("prepetition) receive payment of their claim, if at all, through bankruptcy's collective distribution scheme. In contrast, persons whose claims arose after filing ("postpetition"), but before completion of the bankruptcy …

Lawyering Up, Susan Bandes, Jack M. Beermann

Faculty Scholarship

The widespread dissemination of knowledge about the Miranda protections is often referred to as one of the most successful efforts ever made to educate the American public about its constitutional rights. Studies confirm that a high percentage of the public is aware of Miranda, largely due to television and other mass media. This article asks the question: if television is educating the public about its Miranda rights, what exactly is it teaching us? As fans of the cop show NYPD Blue (a show in which the interrogation and confession are often the dramatic focus) we use that show to explore …

Etiological Theories Of Function: A Geographical Survey, David J. Buller

Faculty Articles, Papers, and Other Scholarship

Formulations of the essential commitment of the etiological theory of functions have varied significantly, with some individual authors' formulations even varying from one place to another. The logical geography of these various formulations is different from what is standardly assumed; for they are not stylistic variants of the same essential commitment, but stylistic variants of two non-equivalent versions of the etiological theory. I distinguish these strong and weak versions of the etiological theory (which differ with respect to the role of selection in their definitions of function), draw out their respective implications, and argue that the weak version is to …

The Nexus Of Federal And State Law In Railroad Abandonments, Marc A. Sennewald

Vanderbilt Law Review

The United States Congress embarked on a new era in the regulation of interstate commerce when it created the Interstate Commerce Commission ("ICC") in 1887 to regulate railroad traffic.' A major purpose of the ICC regulatory framework, as amended by the Transportation Act of 1920, was to preempt actions by state and local authorities that prevented railroads from abandoning unprofitable lines. When Congress passed the Transportation Act, 252,588 miles of track criss-crossed the United States; by 1990 the number of rail- way miles had decreased by almost half.

Although the relative ease with which railroads abandoned unprofitable lines augmented their …

An Evolutionary Theory Of Corporate Law And Corporate Bankruptcy, David A. Skeel, Jr.

Vanderbilt Law Review

In this Article, Professor Skeel argues that the important recent literature exploring historical and political influences on American corporate law has neglected a crucial component of corporate governance: corporate bankruptcy. Only by appreciating the complementary relationship between corporate law and corporate bankruptcy can we understand how corporate governance operates in any given nation.

To show this, the Article contrasts American corporate governance with that of Japan and Germany. America's market-driven corporate governance can only function effectively if the bankruptcy framework includes a manager-driven reorganization option. The relational shareholding that characterizes Japanese and German corporate governance, by contrast, requires a much …

Design And Implementation Of A Dsp Based Mpeg-1 Audio Encoder, Eric Hoekstra

Theses

The speed of current PCs enables them to decode and play an MPEG bitstream in real time. The encoding process, however, cannot be done in real-time. The purpose of this thesis is to produce a low-cost real-time Digital Signal Processor (DSP) implementation of an MPEG encoder. The DSP will provide an MPEG bitstream to the PC that can be saved to disk. The input to the DSP will be an analog audio signal. A codec provides the DSP with 16-bit samples of the signal. The DSP compresses these 16-bit samples using MPEG-1 layer 1 compression. Then it formats the compressed …

Hubble Space Telescope Images And Spectra Of The Remnant Of Sn 1885 In M31, Robert A. Fesen, Christopher L. Gerardy, Kevin M. Mclin, Andrew J. S. Hamilton

Dartmouth Scholarship

Near-UV Hubble Space Telescope images of the remnant of SN 1885 (S And) in M31 show a 070±005 diameter absorption disk silhouetted against M31's central bulge, at SN 1885's historically reported position. The disk's size corresponds to a linear diameter of 2.5±0.4 pc at a distance of 725±70 kpc, implying an average expansion velocity of 11,000±2000 km s-1 over 110 yr. Low-dispersion Faint Object Spectrograph spectra over 3200-4800 Å reveal that the absorption arises principally from Ca II H and K (equivalent width 215 Å), with weaker absorption features of Ca I 4227 Å and Fe I 3720 Å. The …

Peculiar Velocity Dipoles Of Field Galaxies, Riccardo Giovanelli, Martha P. Haynes, Wolfram Freudling, Luiz N. Da Costa, John J. Salzer, Gary Wegner

Dartmouth Scholarship

The Tully-Fisher (TF) relation is applied to obtain peculiar velocities of field spiral galaxies and to calculate dipoles of the peculiar velocity field to cz8000 km s^-1. The field galaxy sample is spatially coextensive with and completely independent of a cluster sample, for which dipole characteristics are given in a separate paper. Dipoles of the peculiar velocity field are obtained separately by applying (1) an inverse version of the TF relation and selecting galaxies by redshift windowing and (2) a direct TF relation, with velocities corrected for the inhomogeneous Malmquist bias and windowing galaxies by TF distance. …

A Note On The Green Dyadic Calculation Of The Decay Rates For Admolecules At Multiple Planar Interfaces, P.T. Leung, R. L. Hartman, Scott M. Cohen

Physics Faculty Publications and Presentations

The Green dyadic formulation for calculating classical decay rates of admolecules at multiple planar interfaces first published by Chance, Prock and Silbey is reexamined. It is pointed out that, for the case of fluorescing molecules sandwiched between a system of super- and substrate interfaces, the original formalism requires significant modifications in order to lead to results consistent with those obtained from the Sommerfeld radiation theory.

Examining Extension's Product Development Dilemma, Jacqueline E. Lamuth

Journal of Extension

As agents decide which programs to develop and implement, they are also deciding how precious Extension resources such as time, money, and space, will be expended. They must select the ideas that will best serve Extension's mission and provide a good return on the taxpayer's investments. How do they decide? Successful businesses have an organized way of deciding, involving comparing key elements of a new idea to an established set of product and service with elements that are based on the values and goals of those businesses. This article adapts that systematic approach and applies it to the selection of …

The Wooster Voice (Wooster, Oh), 1998-10-01, Wooster Voice Editors

The Voice: 1991-2000

The edition recaps a lecture entitled "Alaska and the Arctic North:' The Future of American Resource Conservation," given by landscape photographer Robert Ketchum. The lecture was illustrated with photographs from his travels. Wayne County plans to open a housing facility for non-violent misdemeanor offenders.The Beta Kappa Phi section commits a violation of the Code of Social Responsibility after an alcohol related incident involved three students being taken to the hospital.Students distributing material on military spending and related issues are asked to leave the Lowry lobby. In recognition of Domestic Violence Awareness Month, Every Woman's House (EWH) holds a panel discussion. …

The Code Of Honor In Western Culture, Thomas J. Steele Sj

SHRI Publications

This paper intends to present a brief overview of the honor code and its sociocultural context, and its purpose is to alert the reader to the sort of world in which considerations of honor are an important indeed, an omnipresent -- factor.

A Case Of Need: The Struggle To Protect Bigleaf Mahogany, Tyler Roozen

Natural Resources Journal

No abstract provided.

Conjunctive Management Of Stream-Aquifer Water Rights; The Hubbard Decision, Jeffrie Minier

Natural Resources Journal

No abstract provided.

Death By Default: State Procedural Default Doctrine In Captial Cases, John H. Blume, Pamela A. Wilkins

South Carolina Law Review

No abstract provided.

The No-Citation Rule For Unpublished Opinions: Do The Ends Of Expediency For Overloaded Appellate Courts Justify The Means Of Secrecy?, Charles E. Carpenter Jr.

South Carolina Law Review

No abstract provided.

Parallel Algorithms For Maximum Matching In Complements Of Interval Graphs And Related Problems, Marilyn G. Andrews, Mikhail J. Atallah, Danny Z. Chen, D. T. Leo

Department of Computer Science Technical Reports

No abstract provided.

Towards Performance-Driven System Support For Distributed Computing In Clustered Environments, John Cruz, Kihong Park

Department of Computer Science Technical Reports

No abstract provided.

The Montclarion, October 01, 1998, The Montclarion

The Montclarion

Student Newspaper of Montclair State University

Justice Blackmun, Franz Kafka, And Capital Punishment, Martha Dragich

Faculty Publications

The Article discusses the problem of judging death penalty cases, comparing Justice Blackmun's death penalty jurisprudence to the struggle of a character in Kafka's story. It focuses on three critical moments in the decisional process--hesitation, decision, and escape--and assesses Justice Blackmun's performance at each step. It concludes that although Justice Blackmun's views remained consistent throughout his judicial career, his death penalty legacy is equivocal, and in some important respects, unsatisfying.

Ethj Vol-36 No-2

East Texas Historical Journal

No abstract provided.

Robert Cavelier, Sieur De La Salle's Adventures And Texas: The Making And Breaking Of French Colonial Policy, Sandra M. Petrovich

East Texas Historical Journal

No abstract provided.

Air Activities Of Texas: A Small Town's Contribution To The Big War, Tommy Stringer

East Texas Historical Journal

No abstract provided.