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1998

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Book Review. Courts, Congress, And The Constitutional Politics Of Interbranch Restraint, Charles G. Geyh Jan 1998

Book Review. Courts, Congress, And The Constitutional Politics Of Interbranch Restraint, Charles G. Geyh

Articles by Maurer Faculty

No abstract provided.


The Independence Of The Judicial Branch In The New Republic, Charles G. Geyh, Emily Field Van Tassel Jan 1998

The Independence Of The Judicial Branch In The New Republic, Charles G. Geyh, Emily Field Van Tassel

Articles by Maurer Faculty

No abstract provided.


Rhetoric, Pragmatism And The Interdisciplinary Turn In Legal Criticism -- A Study Of Altruistic Judicial Argument, Gene R. Shreve Jan 1998

Rhetoric, Pragmatism And The Interdisciplinary Turn In Legal Criticism -- A Study Of Altruistic Judicial Argument, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.


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.


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 …


Risk Assessment, Redevelopment, And Environmental Justice: Evaluating The Brownfields Bargain, John S. Applegate Jan 1998

Risk Assessment, Redevelopment, And Environmental Justice: Evaluating The Brownfields Bargain, John S. Applegate

Articles by Maurer Faculty

No abstract provided.


Reframing The Misappropriation Theory Of Insider Trading Liability: A Post-O'Hagan Suggestion, Donna M. Nagy Jan 1998

Reframing The Misappropriation Theory Of Insider Trading Liability: A Post-O'Hagan Suggestion, Donna M. Nagy

Articles by Maurer Faculty

For almost two decades, the United States Supreme Court was silent as to the validity of the so-called 'fraud on the source" misappropriation theory of insider trading liability. This changed in June 1997 when the theory received a resounding endorsement from the Court in United States v. O'Hagan.

Critics of O'Hagan have argued that the Court's decision reaches too far. However, this Article contends that the Court actually endorsed a theory that does not reach far enough. By analyzing and critiquing the reasoning of the majority opinion in O'Hagan, this Article demonstrates that the Court's unnecessarily restrictive misappropriation theory will …


Peace Through Trade? Developments In Palestinian Trade Law During The Peace Process, David P. Fidler Jan 1998

Peace Through Trade? Developments In Palestinian Trade Law During The Peace Process, David P. Fidler

Articles by Maurer Faculty

No abstract provided.


Tribal-State Affairs: American States As 'Disclaiming' Sovereigns, David E. Wilkins Jan 1998

Tribal-State Affairs: American States As 'Disclaiming' Sovereigns, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

The history of tribal-state political relations has been contentious from the beginning of the republic. As a result of these tensions, the relationship of tribal nations and the federal government was federalized when the U.S. Constitution was ratified in 1788. Thus, a number of states, especially in the West, were required in their organic acts and constitutions to forever disclaim jurisdiction over Indian property and persons. This article analyzes these disclaimer clauses, explains the factors that have enabled the states to assume some jurisdictional presence in Indian Country, examines the key issues in which disclaimers continue to carry significant weight, …


Envisioning A Capstone Course In Communication: The View From A Departmental Armchair, William J. Seiler Jan 1998

Envisioning A Capstone Course In Communication: The View From A Departmental Armchair, William J. Seiler

Department of Communication Studies: Faculty Publications

For many departments, the need to develop an assessment package has been the driving force in the consideration of adding a capstone course to their communication curricula. But there are other reasons to justify the creation of such a course. In general, the capstone course has been described by some as a course in which students are required to integrate diverse bodies of knowledge to solve a problem or formulate a policy of societal importance. The dictionary describes a capstone as the “final or crowning part.” That may be a bit presumptuous, but it illustrates the notion of what most …


Ds Cdma Scheme For Watm Lan With Error Control, Beata J. Wysocki, Tadeusz A. Wysocki, Hans J. Zepernick Jan 1998

Ds Cdma Scheme For Watm Lan With Error Control, Beata J. Wysocki, Tadeusz A. Wysocki, Hans J. Zepernick

Department of Electrical and Computer Engineering: Faculty Publications (to 2015)

In the paper, we present simulation results for the 13 channel DS CDMA WATM LAN utilising optimized complex spreading signatures based on Walsh- Rademacber functions. The method to obtain those optimized spreading signatures, as well as the full set of the coefficients giving the minimum level of crosscorrelation between any pair of the channels is shown. The resultant system BER as well as the distribution of errors within WATM cells is given. The obtained results indicate that with the application of a hybrid ARQ scheme, capable of correcting 10 errors, the number of WATM cells which would require retransmission is …


Error Performance Of The 13-Channel Ds Cdma Watm Lan, Beata J. Wysocki, Tadeusz Wysocki, Hans J. Zepernick Jan 1998

Error Performance Of The 13-Channel Ds Cdma Watm Lan, Beata J. Wysocki, Tadeusz Wysocki, Hans J. Zepernick

Department of Electrical and Computer Engineering: Faculty Publications (to 2015)

In the paper, we present simulation results for the 13 channel DS CDMA WATM LAN utilising optimized complex spreading signatures based on Walsh-Rademacher functions. The method to obtain those optimized spreading signatures, as well as the full set of the coefficients giving the minimum level of cross-correlation between any pair of the channels is shown. The resultant system BER and the distribution of errors within encapsulated WATM cells is given. The obtained results indicate that with the application of a hybrid ARQ scheme, capable of correcting 10 errors, the number of WATM cells which would require retransmission is in the …


Cadmium Malonate Complexation In Aqueous Sodium Trifluoromethanesulfonate Media To 75°C; Including Dissociation Quotients Of Malonic Acid, Moira K. Ridley, Donald A. Palmer, David J. Wesolowski, Richard Kettler Jan 1998

Cadmium Malonate Complexation In Aqueous Sodium Trifluoromethanesulfonate Media To 75°C; Including Dissociation Quotients Of Malonic Acid, Moira K. Ridley, Donald A. Palmer, David J. Wesolowski, Richard Kettler

Department of Earth and Atmospheric Sciences: Faculty Publications

The molal formation quotients for cadmium-malonate complexes were measured potentiometrically from 5 to 75°C, at ionic strengths of 0.1, 0.3, 0.6 and 1.0 molal in aqueous sodium trifluoromethanesulfonate (NaTf) media. In addition, the stepwise dissociation quotients for malomc acid were measured in the same medium from 5 to 100°C, at ionic strengths of 0.1, 0.3, 0.6, and 1.0 molal by the same method. The dissociation quotients for malonic acid were modeled as a function of temperature and ionic strength with empirical equations formulated such that the equilibrium constants at infinite dilution were consistent, within the error estimates, with the malonic …


The Basics Of Teaching Media Literacy, Jill Wurzer Jan 1998

The Basics Of Teaching Media Literacy, Jill Wurzer

Graduate Research Papers

According to the Media Literacy Online Project (1998), American children and adolescents spend 22-28 hours a week viewing television. By the time today's children reach age 70, they will have spent 7-10 years watching television. Now, more than ever, schools are being called on to deal with the effects of the growing influence of the media in students' lives. Media literacy and media education are even getting attention in the English Language Arts Standards by the National Council of Teachers of English (NCTE). So, what is media literacy? What materials are available to teach it, and how can teachers justify …


Native American Indian Female Students In Higher Education, Becky Youngbear Jan 1998

Native American Indian Female Students In Higher Education, Becky Youngbear

Graduate Research Papers

Colleges and universities have witnessed a significant increase in the number of underrepresented student populations but are just beginning to become aware of their needs. These students encounter academic and social problems prior to and after entering colleges and universities. Institutional awareness and support are just a start in an effort to retain and assist underrepresented students in college. Among these underrepresented groups are Native American Indians who are challenged to succeed in a Eurocentric higher education setting.


Instructional Technology In The School System, Sherri Sue Zanotti Jan 1998

Instructional Technology In The School System, Sherri Sue Zanotti

Graduate Research Papers

Analyses of the deployment of technology in schools have tended to note its failure to affect the daily values and practices of teachers and students. This absence is generally regarded as an implementation failure, or as resulting from some temperamental shortcoming on the part of the teachers or technologists. Such a construction is predicated on the assumption that the technology is value free and its implementation a struggling playing field. This paper proposes that no instructional technology is ever neutral. Its value and practices must support the organization into which it is placed. The failures of technology to look and …


Classroom Discussion: A Journey To Decentralizing The Classroom, Mike Suther Jan 1998

Classroom Discussion: A Journey To Decentralizing The Classroom, Mike Suther

Graduate Research Papers

Throughout history of the United States, teachers have instigated classroom discussion about text in hopes that talk enhanced understanding. More recently, Vygotsky (1978) produced evidence of the importance of social talk in learning. It is through this social interaction or discussion that students construct and negotiate meaning of text. What constitutes social interaction or discussion is what leads some teachers to disagree. The literature on discussion has classified it into two types: recitation and discussion.


Steps Toward Determination Of The Size And Structure Of The Broad-Line Region In Active Galactic Nuclei. Xii. Ground-Based Monitoring Of 3c 390.3, Matthias Dietrich, T. D. Oswalt, Jun Tao Jan 1998

Steps Toward Determination Of The Size And Structure Of The Broad-Line Region In Active Galactic Nuclei. Xii. Ground-Based Monitoring Of 3c 390.3, Matthias Dietrich, T. D. Oswalt, Jun Tao

Aerospace, Physics, and Space Science Faculty Publications

Results of a ground-based optical monitoring campaign on 3C 390.3 in 1994-1995 are presented. The broadband fluxes (B, V, R, and I), the spectrophotometric optical continuum flux Fλ(5177 Å), and the integrated emission-line fluxes of Hα, Hβ, Hγ, He II λ15876, and He II A4686 all show a nearly monotonic increase with episodes of milder short-term variations superposed. The amplitude of the continuum variations increases with decreasing wavelength (4400-9000 Å). The optical continuum variations follow the variations in the ultraviolet and X-ray with time delays, measured from the centroids of the cross-correlation functions, typically around 5 days, but with uncertainties …


Mechanical Behavior Of Joint Connectors On Furniture (Frame Construction) Design, Yalçın Örs, Hasan Efe Jan 1998

Mechanical Behavior Of Joint Connectors On Furniture (Frame Construction) Design, Yalçın Örs, Hasan Efe

Turkish Journal of Agriculture and Forestry

In this research, mechanical behavior of traditional and alternative joints which are used on construction design of furniture frames have been investigated. Those members which are taken into the frames construction as tension, bending and shear strength members with dowel, mor-tise- tenon joints with adhesive and two types of furniture connectros and a combination of both of them are five types of joints have been tested totaly under static load. Results indicate that the alternative joints which are provided flexible connections are more succesful than traditional joints which are provided rijit connections.


Variations In Calcium, Phosphorus, Iron, Copper, Zinc And Manganese Contents Of Wheat Andrice Varieties Under Salt Stress, Mehmet Alpaslan, Aydın Güneş, Süleyman Taban, İbrahim Erdal, Ceyhan Tarakcioğlu Jan 1998

Variations In Calcium, Phosphorus, Iron, Copper, Zinc And Manganese Contents Of Wheat Andrice Varieties Under Salt Stress, Mehmet Alpaslan, Aydın Güneş, Süleyman Taban, İbrahim Erdal, Ceyhan Tarakcioğlu

Turkish Journal of Agriculture and Forestry

Variations in Ca, P, Fe, Cu, Zn and Mn contents of six wheat (Gerek, Bolal, Kıraç, Çakmak, Bezostaya and Kızıltan) and six rice varieties (Ribe, Tri-445, Serhat 92, Kros 424, Baldo and Rocca) under salt stress were investigated. Growth was inhibited by salinity. Salinity decreased P content of Kızıltan, while increased rice cultivars of Tri-445 and Kros 424. Iron contents of wheat cultivars of Gerek, Bolal and Kıraç and rice cultivars of Tri-445 and Rocca were decreased by salinity. In contrast to this, Iron contents of wheat cultivars of Çakmak and Bezostaya and rice cultivars of Ribe, Serhat 92, Kros …


Comparative Law In Action: Promissory Estoppel, The Civil Law, And The Mixed Jurisdiction, David V. Snyder Jan 1998

Comparative Law In Action: Promissory Estoppel, The Civil Law, And The Mixed Jurisdiction, David V. Snyder

Articles by Maurer Faculty

No abstract provided.


Table Of Contents, Volume 24 (1998) Jan 1998

Table Of Contents, Volume 24 (1998)

Canada-United States Law Journal

No abstract provided.


Title Page, Volume 24 (1998) Jan 1998

Title Page, Volume 24 (1998)

Canada-United States Law Journal

No abstract provided.


Discussion After The Speeches Of Richard Cunningham And Lawrence Herman, Discussion Jan 1998

Discussion After The Speeches Of Richard Cunningham And Lawrence Herman, Discussion

Canada-United States Law Journal

No abstract provided.


Discussion After The Speeches Of Gary Horlick And Sarah Richardson, Discussion Jan 1998

Discussion After The Speeches Of Gary Horlick And Sarah Richardson, Discussion

Canada-United States Law Journal

No abstract provided.


Regulation Of Competition In The Canada/U.S. Context--Extraterritorial Reach Of U.S. Antitrust Law--A Canadian Perspective, Crystal L. Witterrick Jan 1998

Regulation Of Competition In The Canada/U.S. Context--Extraterritorial Reach Of U.S. Antitrust Law--A Canadian Perspective, Crystal L. Witterrick

Canada-United States Law Journal

No abstract provided.


Settlement Of International Trade Disputes--Challenges To Sovereignty--A U.S. Perspective, Richard O. Cunningham Jan 1998

Settlement Of International Trade Disputes--Challenges To Sovereignty--A U.S. Perspective, Richard O. Cunningham

Canada-United States Law Journal

No abstract provided.


Discussion After The Speeches Of Shirley Coffield And James Mcilroy, Discussion Jan 1998

Discussion After The Speeches Of Shirley Coffield And James Mcilroy, Discussion

Canada-United States Law Journal

No abstract provided.


The Press Looks At The Political Future Of Canada And The United States In The 21st Century--Where Do We Stand, And Where Are We Headed (A U.S. Viewpoint), Howard Schneider Jan 1998

The Press Looks At The Political Future Of Canada And The United States In The 21st Century--Where Do We Stand, And Where Are We Headed (A U.S. Viewpoint), Howard Schneider

Canada-United States Law Journal

No abstract provided.


Discussion After The Speech Of Donald Macdonald, Discussion Jan 1998

Discussion After The Speech Of Donald Macdonald, Discussion

Canada-United States Law Journal

No abstract provided.