Digital Commons Network^™

Coming To Terms With Daubert In Sherman Act Complaints: A Suggested Economic Approach, Robert F. Lanzillotti

Nebraska Law Review

The purpose of this article is to suggest a straightforward method of utilizing circumstantial output-pricing evidence, grounded in generally accepted economic analysis to (a) differentiate bid rigging and customer/market-allocation schemes, based on some form of explicit communications or explicit agreements among rival sellers, from noncooperative tacit collusion (sheer sophisticated business acumen as hypothesized in various game-theoretic models), and (b) to identify the collusion process with greater precision.

Whatever Happened To Landlord-Tenant Law?, Gerald Korngold

Nebraska Law Review

I. Introduction

II. The Legacies of the Era of Reform ... A. The Death of Feudalism: From Conveyance to Contract ... B. Emergence of Statutes ... C. Residential/Commercial Dichotomy ... D. Trumping the Bargaining Process

III. The End of the Era of Reform

IV. Landlord-Tenant Law at the End of the Century ... A. Contract/Conveyance Dichotomy Revisited ... B. The Triumph of the Market? ... C. Property Rights and Governmental Regulation ... D. Personal Choice and Social Values: Religion, Family, Fair Housing, and Other Issues ... E. Lead Paint: Environmentalism, Habitability, and the Market

V. Conclusion

Touch And Concern Is Dead, Long Live The Doctrine, A. Dan Tarlock

Nebraska Law Review

I. Introduction: ALI Bids Farewell to Touch and Concern ... A. The Restatement (Third) of Property: Servitudes in Context ... B. The Restatement (Third) of Property: Servitudes and the Risks of Living in a Common Interest Community ... C. Touch and Concern and Its Substitutes

II. A Brief and Not Too Helpful History of Touch and Concern ... A. What Little We Know About Spencer’s Case

III. The Futile Modern Search for a Simple Definition of Touch and Concern

IV. The Restatement (Third) of Property: Servitudes and the Validity of Servitudes ... A. The ALI Case for Judicial Scrutiny ... …

Australian Aboriginal Students In Higher Education, Ian Malcolm, Judith Rochecouste

Research outputs pre 2011

One of the striking features of Australian higher education over the last ten years has been the marked increase in participation by Indigenous Australians. In a National Review of Education for Aboriginal and Torres Strait Islander Peoples, carried out in 1994, it was noted that the number of Aboriginal and Torres Strait Islander students had more than doubled between 1988 and 1993 (National Review of Education for Aboriginal and Torres Strait Islander Peoples, 1994:28-29). Indigenous Australians constitute 1.6 per cent of the population of Australia and in 1993 some 5,578 indigenous people were attending Australian public universities, which is 1.3% …

Human Services: A Discussion Paper, David Wiles

Research outputs pre 2011

Human services is an emergent field of study and work in Australia. Its definition is complex, needing continuing theoretical and empirical clarification. Despite the contemporary decline of the Australian welfare state, human services has emerged in cultural congruence with historic Australian notions of a 'fair go', of social equity, and of social egalitarianism. Human services constitutes a nascent profession, which - in the main - helps people with problems, particularly including members of the social 'underclass'. With much of its origins in volunteerism and the voluntary sector, human service organisational theory is now developing, and is helping workers and students …

"Yer Outa Here!" A Framework For Analyzing The Potential Exclusion Of Expert Testimony Under The Federal Rules Of Evidence, Stephen D. Easton

University of Richmond Law Review

It does not take long for even a casual observer of criminal and civil trials to make two observations about expert witnesses. The first of these observations comes almost immediately: experts are vitally important to the judicial process. In many trials, the outcome largely depends upon which set of impressively credentialed experts the jurors (and the judge) believe. The second observation generally comes later than the first: a significant amount of shoddy "science," phony logic, faulty analysis, sleight of hand, and other assorted junk enters the courtroom dressed up in the emperor's clothes of expert testimony.

Understanding The "Public Interest" Justification For Government Actions, Paul R. Verkuil

Articles

The article examines the concept of "public interest" as a justification for government actions, arguing that while the term has historically been a cornerstone of administrative law, its meaning has become increasingly ambiguous and subjective over time. The author traces the evolution of the public interest standard, from its origins in the New Deal era to its current use, and questions whether it can still serve as an objective standard for evaluating government behavior. The analysis highlights the tension between the public interest as a justification for government action and its susceptibility to political and bureaucratic influence.

Automated Interpretation Of The Background Eeg Using Fuzzy Logic, Edward Peter Riddington

School of Engineering, Computing and Mathematics Theses

A new framework is described for managing uncertainty and for deahng with artefact corruption to introduce objectivity in the interpretation of the electroencephalogram (EEG). Conventionally, EEG interpretation is time consuming and subjective, and is known to show significant inter- and intra-personnel variation. A need thus exists to automate the interpretation of the EEG to provide a more consistent and efficient assessment. However, automated analysis of EEGs by computers is complicated by two major factors. The difficulty of adequately capturing in machine form, the skills and subjective expertise of the experienced electroencephalbgrapher, and the lack of a reliable means of dealing …

Assessment Of Asphalt Materials To Relieve Reflection Cracking Of Highway Surfacings, Michael David Foulkes

School of Engineering, Computing and Mathematics Theses

The thesis investigates the mechanisms and restraints which influence transverse crack propagation through the bituminous surfacings of semi-flexible pavements. These pavements incorporate continuously laid cement bound roadbases which, during curing, crack into slabs of varying length, ranging from 4-25m. Reciprocal crack growth can occur in the surfacing, known as 'reflection cracks', located through stresses concentrated at the discontinuities within the roadbase . Three mechanisms have been identified and are described as contributing to reflection crack propagation. They have been analysed independently although the majority of conclusions drawn are applicable to their combined action. Their relative importance will vary with respect …

A Soft Systems Approach To The Formulation Of A Manufacturing Strategy, Tammy Jane Greswell

School of Engineering, Computing and Mathematics Theses

This work investigated the understanding and use of current manufacturing strategy methods within the UK aerospace industry. Several key issues were identified which suggested a need to rethink the process of manufacturing strategy formulation. The set of issues included: the lack of explicit manufacturing strategies by several case organisations, a lack of the general use of developed manufacturing strategy tools and techniques, and a general evolution of organisations from functionally based to a business process focus. These issues suggested that the current approaches to manufacturing strategy were not reaching their target audience practitioners, and that further development of the manufacturing …

Automated Diesel Engine Condition & Performance Monitoring & The Application Of Neural Networks To Fault Diagnosis, Christopher Lloyd Owen

School of Engineering, Computing and Mathematics Theses

The overall aim of this research was to design, configure and validate a system which was capable of on-line performance monitoring and fault diagnosis of a diesel engine. This thesis details the development and evaluation of a comprehensive engine test facility and automated engine performance monitoring package. Results of a diesel engine fault study were used to ascertain commonly occurring faults and their realistic severities are discussed. The research shows how computer simulation and rig testing can be applied to validate the effects of faults on engine performance and quantify fault severities. A substantial amount of engine test work has …

Intelligent Pattern Analysis Of The Foetal Electrocardiogram, Nicholas John Outram

School of Engineering, Computing and Mathematics Theses

The aim of the project on which this thesis is based is to develop reliable techniques for foetal electrocardiogram (ECG) based monitoring, to reduce incidents of unnecessary medical intervention and foetal injury during labour. World-wide electronic foetal monitoring is based almost entirely on the cardiotocogram (CTG), which is a continuous display of the foetal heart rate (FHR) pattern together with the contraction of the womb. Despite the widespread use of the CTG, there is no significant improvement in foetal outcome. In the UK alone it is estimated that birth related negligence claims cost the health authorities over £400M per-annum. An …

3d Object Recognition Based On Constrained 2d Views, Levente Toth

School of Engineering, Computing and Mathematics Theses

The aim of the present work was to build a novel 3D object recognition system capable of classifying man-made and natural objects based on single 2D views. The approach to this problem has been one motivated by recent theories on biological vision and multiresolution analysis. The project's objectives were the implementation of a system that is able to deal with simple 3D scenes and constitutes an engineering solution to the problem of 3D object recognition, allowing the proposed recognition system to operate in a practically acceptable time frame. The developed system takes further the work on automatic classification of marine …

Investors, Look Before You Leap: The Suitability Doctrine Is Not Suitable For Otc Derivatives Dealers, Willa E. Gibson

Akron Law Faculty Publications

This Article examines the derivatives market, its regulation and the concept of suitability as it applies - and should be applied - to the derivatives market. The Article first provides an overview of the derivatives market. Next, the Article reviews the existing regulatory framework to which derivatives transactions and derivatives dealers are subject and also discusses the various legal actions that can be brought based on suitability claims. The Article argues against the imposition of suitability rules to OTC derivatives dealers and instead emphasizes the need to view OTC derivatives transactions as arm's length transactions. Finally, the Article identifies ways …

Fact Sheet, Yale University Office Of Institutional Research

Fact Sheets

No abstract provided.

Circulation, Vol. 5, No. 2, Center For Coastal Physical Oceanography, Old Dominion University

CCPO Circulation

Winter 1998 issue of CCPO Circulation featuring article "Coastal Oceanographic Research Experiences in Chile"

Authoritative Leadership In Economic Development : A Malaysian Case Study, John Carleton

Honors Theses

The count of Malaysia has its share of resources with which it has developed into a world trading power. Alongside the other Newly Industrialized Economies (NIEs), it has profited from a hard-working citizenry, natural wealth in geography or resources, and a stable government. However; this country has been able to lift itself above its peers and other countries in the world beyond the limits prescribed by these benefits alone. The reason behind this success may be found by looking at the country's historical and recent leadership trends. Since the country's inception, the public leaders of Malaysia have imposed upon its …

Leadership: A Cultural Manifestation Of Evolution, Lee A. Scott

Honors Theses

This essay has sought to expand the perspective of leadership studies by incorporating the general theory of evolution from the discipline of biology. Evolution has been compared to leadership by other researchers but they have limited themselves to a metaphorical comparison. The primary purpose of this paper was to show that such a distinction was inaccurate when we have a full understanding of general evolutionary theory. Once this connection was established in Part II, we turned to examine some of the implications for leadership studies in particular. While a new theory was not presented, a foundation for such a theory …

Sraffa's Early Philosophical Thinking, John B. Davis

Economics Faculty Research and Publications

This paper investigates a number of aspects of Piero Sraffa's early philosophical thinking by placing him within the historical materialist tradition of reasoning about the relation of ideas to the historical process. It first distinguishes Alfred Marshall's views about the historical development of ideas by addressing Marshall's responses to the criticisms of William Cunningham of the English Historical School. Marshall's concept of economics as a universal engine of discovery was rejected by Sraffa in his early writings. Sraffa's critique of Marshall is then argued to lead to two early philosophical commitments on Sraffa's part: that deductivist modes of explanation are …

University Of Texas At Tyler Freshman Catalog, 1998-1999, University Of Texas At Tyler

Catalogs

Archives Space instance: https://archivesspace.uttyler.edu/repositories/2/archival_objects/22363

Information Vs. Commercialization: The Internet And Unsolicited Electronic Mail, Karin Mika

Richmond Journal of Law & Technology

In November of 1996, the District Court of Eastern Pennsylvania allowed America Online to prohibit a business from using the Internet for sending bulk, unsolicited electronic mail.[1] The decision highlighted some intriguing issues related to how the Internet interacts with the current legal framework and how legal standards that have adequately encompassed most business uses for emerging technologies are not a perfect fit for issues related to the Internet. This article will focus on the current struggle to fit the Internet into some type of existing legal framework, especially with respect to Internet business uses. It will focus primarily on …

New Combinations: Changing Technologies And Infrastructures And The Business Organizations That Will Deal With Them., Alexander F. Skirpan Jr., Steven J. Rosenstock, Pat Bennett, Douglas Taylor, Alex B. Best

Richmond Journal of Law & Technology

This tale is somewhat unique. It is probably one of the few panels, or the only panel in which there is a certain level of agreement. In fact, every one in this room probably has the basic agreement with this panel, that changes in regulation and changes in policy that we are struggling with are driven by changes in technology. This panel has been put together to look at changes in technology. It has three overall goals. The first is, as you heard one of the panels this morning talk about, to talk about technology itself to try to gain …

Oil And Gas Liens In Oklahoma, Timothy C. Dowd

Oklahoma Law Review

No abstract provided.

Evaluation Of Implicit Numerical Methods For Building Energy Simulation, Michael Crowley, Saleem Hashmi

Articles

The stability of numerical methods used for finite-difference thermal modelling of buildings is discussed. A known instability in a commonly used process is described and alternative numerical methods with suitable stability properties are identified. With a view to selecting the optimum numerical method, the building energy simulation problem is characterized mathematically and appropriate implicit solvers are compared on the basis of accuracy and computational effort using a building related test problem prepared for this purpose. A recently developed numerical method with the necessary strong stability is found to possess higher computational efficiency than methods frequently used in this application and …

Development Of A 3-D Finite Element Program For Pavement Analysis, Volume I: Introduction And Appendix 1, Tatsaba Nilaward, Chiang Shih, Thomas D. White, E. C. Ting

JTRP Technical Reports

A three dimensional finite element program is developed for the analysis of pavement systems. An explicit approach of the finite element analysis is adopted. This approach results in a vector formulation of the equation of motion. Large displacement is considered through the use of a co-rotational approach which considers small deformations and large rotations of the elements. For the convenience of application a two dimensional finite element program is also developed. An eight-node ¶metric solid element is used for the three dimensional analysis, and a four-node element for the two dimensional analysis. Loading conditions are verified for static ramp and …

Development Of A 3-D Finite Element Program For Pavement Analysis, Volume 3: Appendix 3, Tatsaba Nilaward, Chiang Shih, Thomas D. White, E. C. Ting

JTRP Technical Reports

A three dimensional finite element program is developed for the analysis of pavement systems. An explicit approach of the finite element analysis is adopted. This approach results in a vector formulation of the equation of motion. Large displacement is considered through the use of a co-rotational approach which considers small deformations and large rotations of the elements. For the convenience of application a two dimensional finite element program is also developed. An eight-node isoperimetric solid element is used for the three dimensional analysis, and a four-node element for the two dimensional analysis. Loading conditions are verified for static ramp and …

Development Of A 3-D Finite Element Program For Pavement Analysis, Volume 2: Appendix 2, Tatsaba Nilaward, Chiang Shih, Thomas D. White, E. C. Ting

JTRP Technical Reports

A three dimensional finite element program is developed for the analysis of pavement systems. An explicit approach of the finite element analysis is adopted. This approach results in a vector formulation of the equation of motion. Large displacement is considered through the use of a co-rotational approach which considers small deformations and large rotations of the elements. For the convenience of application a two dimensional finite element program is also developed. An eight-node isoperimetric solid element is used for the three dimensional analysis, and a four-node element for the two dimensional analysis. Loading conditions are verified for static ramp and …

Controlling Air Content In Concrete That Is Being Pumped, A Synthesis Study, Charles F. Scholer, Jay Grossman

JTRP Technical Reports

Changes in the air content of fresh concrete that is being pumped can occur at a number of places. These locations include the initial loading of the concrete into the pump hopper, as it passes through the pump line, and when it exits the line. This synthesis reviews the findings of recent research studies which deal with air content change in pumped concrete and summarizes methods of reducing air loss caused by handling. Three main mechanisms by which air content is lost in fresh concrete that is being pumped have been noted. These factors include the high-pressure dissolution of air …

Cone Penetration Test To Assess The Mechanical Properties Of Subgrade Soils, Xiadong Luo, Rodrigo Salgado, A. G. Altschaeffl

JTRP Technical Reports

The purpose of the present study was to investigate the relationships between penetration resistance, dry density, moisture content, and resilient modulus of subgrade soils. The DCPT tests were conducted at eight sites. The nuclear gage and sand cone methods were used to estimate the dry density and moisture content of the subgrade soils. Disturbed soil samples were collected in the field. Atterberg limits and sieve analysis tests were conducted in the laboratory. For selected sites, laboratory DCPT tests were performed in a 12-inch mold along the compaction curves, and unconfined compression tests were conducted on 2.8-inch samples. The contours of …

A Methodology For The Analysis Of Its Impacts On Mobility, Air Quality, And Land Use, Kumares C. Sinha, Srinivas Peeta, Muhammed Amer Sultan, Kamalakar Poonuru, Nadine-Jenelle K. Richards

JTRP Technical Reports

The Indiana Department of Transportation (INDOT) is currently implementing (or has implemented) several components of Intelligent Transportation Systems (ITS). This includes a mini Advanced Traffic Management Systems (ATMS) implemented on a three-mile stretch of the Borman Expressway to evaluate advanced non-intrusive sensor systems and the associated communication infrastructure for the installation of a full-scale ATMS on the 16-mile stretch of the Borman Expressway. Potential specific ITS technologies that are either being implemented or are being considered include pre-trip information, en-route information, variable message signs, and Hoosier Helpers. It is expected that the implementation of various ITS technologies on the Borman …