Digital Commons Network^™

Taking Notes: Subpoenas And Just Compensation, Gary S. Lawson

Faculty Scholarship

Few cases from the October 1997 Supreme Court term received as much public attention as Swidler & Berlin v United States, which held that the attorney-client privilege survives the death of the client in federal criminal proceedings. If one focuses solely on the issue actually decided in the case, that degree of attention is surprising. The issue had not generated a split among the federal circuits, and there were relatively few decisions-federal or state-squarely on point. The Court's holding was thus unlikely to have a major impact on American law; the paucity of prior case law demonstrates that the question …

Introduction, Wendy J. Gordon

Faculty Scholarship

Ralph Sharp Brown crossed out the "Junior" that followed his name after his father died. In explanation of the hand-altered stationery, he said (if my recollection holds), "I'm the only one left now." Now, after Ralph's death, there may remain no Ralph Sharp Browns. But there are many law teachers who continue to wage the campaign that Ralph made his life work: to save an interdependent society from unnecessary and stagnating restraints on liberty. In the intellectual property area, Ralph sought to teach us that it can be both right and necessary to give individuals the liberty to "reap without …

Proceedings Of The 1999 Annual Meeting, Association Of American Law Schools Section On Employment Discrimination Law: Is There A Disconnect Between Eeo Law And The Workplace?, Maria O'Brien, Douglas D. Scherer, James Sharf, Richard Seymour, Paulette Caldwell

Faculty Scholarship

(The following is an edited transcript of the proceedings of the section on Employment Discrimination Law at the AALS Annual Meeting, New Orleans, Louisiana, January 9, 1999.)

DOUGLAS D. SCHERER*: Good morning. The program description asks the question, "Is there a disconnect between existing EEO jurisprudence and the realities of the workplace and workforce of the Twenty-First Century?" Societal disapproval of employment discrimination is reflected in federal EEO laws that have been enacted during the last thirty-six years and in court interpretations of these laws. The goals of these laws are fairly clear. It is less clear how well these …

Downsizing The Right To Petition, Gary S. Lawson, Guy I. Seidman

Faculty Scholarship

The First Amendment provides that "Congress shall make no law... abridging.., the right of the people.., to petition the Government for a redress of grievances."1 Unlike the First Amendment's speech, press, and religion clauses, this "Petitions Clause" has not spawned an extensive body of case law or academic commentary. The right to petition has been, in many ways, the First Amendment's poor relation.

Impact Of Gender And Culture: Contributing Factors To Satisfactory Long-Term Marriages, Maria Yip Ling Cheung

Theses and Dissertations (Comprehensive)

The constructs of gender and culture have been neglected in our understanding of marital relationships. With the recent upsurge of postmodernism, the two constructs have come into focus as essential to furthering our understanding of these relationships. My doctoral dissertation research is a cross-cultural comparative study of five Hong Kong Chinese immigrant couples in Canada and five Euro Canadian couples who were born in Canada I used a social construction perspective to examine the gender and cultural processes that evolve in the long-term satisfactorily married couples. Couples who have been married for thirty to thirty-six years were under study.

I …

Quilts As Social Text, Helen Kathryn Ball

Theses and Dissertations (Comprehensive)

The acts of writing and reading are exquisitely intertwined at a level that is deeper than the mere writing of a report. These acts are social. Given that our intent is to study social phenomena and re-present them in a text, how can we accomplish this task in a way that does not perpetuate the social scientific discursive tradition that privileges the positionless, invisible, disengaged account? Using a feminist-postmodernist approach to qualitative research, this paper explores the crisis of representation in social science writing. The discursive practices of social scientific knowledge production are explored through the creation of quilts as …

Enforcing Family Promises: Reliance, Reciprocity, And Relational Contract, Melanie B. Leslie

Articles

Courts are willing, in commercial contexts, to enforce promises even without consideration when enforcement supports a norm of reciprocity-a norm which recognizes that promises are seldom totally gratuitous, but are often made in furtherance of reciprocal, long-term, trust-based relationships. In this article, Professor Leslie argues that relational contract principles are firmly embedded in wills law. Courts enforce the reciprocity norm in the family context just as they do in commercial contexts; this enforcement is seen, however, not in breach of promise suits, which occur rarely between family members, but rather in will contests. Despite the prevalent ideology of wills law, …

Machine Tool Accuracy Characterization, Error Modeling And Compensation Using Telescopic Ballbar And Laser Interferometer, Yalcin M. Ertekin

Doctoral Dissertations

"This dissertation presents the results of the research investigation on the machine tool accuracy characterization, error modeling and error compensation using telescopic ballbar and laser interferometer. Increasing demand for both higher machine tool accuracy and machining tolerances has resulted in a great need to measure and characterize the accuracy of NC machine tools and minimize machine tool induced errors on machined components before manufacturing parts, instead of inferring it from parts already machined. Using a telescopic magnetic ballbar, the results of the accuracy assessment of an old Bridgeport Series I CNC 2 1/2 axes vertical machining center are presented in …

Harding University School Of Education Graduate Catalog, 1999-2000, Harding University

Harding Academic Catalogs

Academic catalog for the graduate education program at Harding University.

Harding University Catalog 1999-2000, Harding University

Harding Academic Catalogs

Academic catalog for the undergraduate programs at Harding University.

Utah's Grand Staircase: The Right Path To Wilderness Preservation?, James R. Rasband

Faculty Scholarship

No abstract provided.

Search For Exchange-Antisymmetric Two-Photon States, D. De Mille, D. Budker, N. Derr, E. Deveney

Biological Sciences: Faculty Publications

Atomic two-photon J = 0 ↔ J′ = 1 transitions are forbidden for photons of the same energy. This selection rule is related to the fact that photons obey Bose-Einstein statistics. We have searched for small violations of this selection rule by studying transitions in atomic Ba. We set a limit on the probability v that photons are in exchange-antisymmetric states: v < 1.2 × 10-7.

Systems Of Belief In Modern American Law: A View From Century's End, Gerald B. Wetlaufer

American University Law Review

No abstract provided.

From Special Privilege To General Utility: A Continuation Of Willard Hurst's Study Of Corporations, Susan Pace Hamill

American University Law Review

No abstract provided.

The Law-And-Markets Movement , Michael Abramowicz

American University Law Review

No abstract provided.

A Cloud-Removal Algorithm For Ssm/I Data, David G. Long, Douglas L. Daum, Quinn P. Remund

Faculty Publications

Microwave radiometers, while traditionally utilized in atmospheric and oceanic studies, can also be used in land surface applications. However, the problem of undesirable atmospheric effects caused by clouds and precipitation must be addressed. In this paper, temporal composite surface brightness images are generated from special sensor microwave/imager (SSM/I) data with the aid of new algorithms to eliminate small-scale distortion caused by clouds or precipitation. Mean, second-highest value, modified maximum average (MMA), and hybrid compositing algorithms are compared. The effectiveness of each algorithm is illustrated through simulation and real data distribution analysis. The results show that the second-highest value algorithm is …

Reduction Of Quantum Noise In Transmittance Estimation Using Photonecorrelated Beams, Majeed M. Hayat, Adel Joobeur, Bahaa E.A. Saleh

Electrical and Computer Engineering Faculty Research and Publications

The accuracy of optical measurements at low light levels is limited by the quantum noise of the source and by the random nature of the interaction with the measured object. The source noise may be reduced by use of nonclassical photon-number squeezed light. This paper considers the use of two photon-correlated beams (generated, for example, by spontaneous parametric downconversion) to measure the optical transmittance of an object. The photons of each beam obey a random Poisson process, but are synchronized in time. One beam is used to probe the object while the other is used as a reference providing information …

The Fourteenth Decade: Illinois State University, 1987-1997, Mark Wyman

Illinois State University History Books

Table of Contents: Leadership Under Fire – A Technology Revolution – Challenges for Faculty and Staff- Student Life – Serving the Broader Community – Index

An Evaluation Of Adhd Assessment, Intervention, And Progress Monitoring Practices In One School According To Best Practice Recommendations, Kristin M. Briggs

Dissertations and Theses @ UNI

This study investigated the quality of ADHD assessment, interventions, and progress monitoring practices in a school building. Education personnel were also surveyed (n = 8) to gain further insight into the current school policies and practices for ADHD. Barkley's 1990 model of ADHD assessment and intervention was chosen as the standard of best practice in which current practices were compared. One school was selected for participation in the study. All students on medication for ADHD in kindergarten through twelfth grades served as subjects (n = 13). Data analysis revealed that seven of these student files (54%) did not include documentation …

Circle Of Friends And Attitudes Toward Children With Adhd And Other Disabilities, Joan E. Mccrory

Dissertations and Theses @ UNI

Attention Deficit Hyperactivity Disorder (ADHD) is an occurring disorder which · affects about one child in every elementary classroom. Children with ADHD are at risk for having poor peer relations. Research has shown that over SO¾ of children with ADHD have poor peer relations. Studies of various interventions with children who have ADHD and poor peer relationships have yielded mixed results. Psychopharmacological therapy has shown no positive effect on peer interactions. Behavioral interventions; behavior therapy and medication; cognitive-behavioral therapy; and cognitive-behavioral therapy and medication have all found favorable results, although not many combination treatments have been examined for their impact …

Illinois State: For Alumni Of Illinois State University, Winter 1999-2000, Illinois State University, University Marketing And Communications

State: The Magazine of Illinois State University (1999-present)

Illinois State University alumni magazine

Dickinson V. Zurko: Limits On The Federal Circuit's Standard Of Review, Sue Ann Mota

Computer Law Review and Technology Journal

Standards ofreview matter -or at least we think they do. After receiving an unfavorable decision from an administrative agency, a party faces a high hurdle on appeal if the standard of review is quite deferential. In Dickinson v. Zurko, the Supreme Court recently held that decisions of the Patent and Trademark Office (PTO) must be reviewed under the relatively lax scrutiny required by the Administrative Procedure Act (APA). In contrast, the Federal Circuit had claimed the right to use the tougher "clearly erroneous" standard in Federal Rule of Civil Procedure 52(a).

Rejecting the historical, statutory, and policy reasons of …

The Ghost In The Computer: Radio Frequency Interference And The Doctrine Of Federal Preemption, Ralph H. Brock

Computer Law Review and Technology Journal

The "Police Blotter" feature in a local Texas newspaper sets the scene. A man had reportedly complained to the police that a neighbor's use of a citizens' band (CB) radio was interfering with his business. He could hear the neighbor's CB radio transmissions on his telephone and through his computer speakers. After installing filters on his telephone and complaining to the FCC, the man had filed a criminal mischief complaint with the local police. Unfortunately for him, though, the local police have no jurisdiction.

Drafting A Patent Noninfringement Opinion Letter In Light Of Markman And Warner-Jenkinson, Barry Dove

Computer Law Review and Technology Journal

This article provides a practical guide to drafting a patent noninfringement opinion letter in light of two recent U.S. Supreme Court decisions: Markman v. Westview Instruments, Inc. and Warner-Jenkinson Co. v. Hilton Davis Chemical Co. The guidelines offered here do not represent the only way to write a noninfringement opinion letter. But if they are followed, the opinion letter should protect the interests of both the client and the patent attorney.

The Domain Name Game: Applying Trademark Law To An Internet Tug Of War, Deanna L. Kendall

Computer Law Review and Technology Journal

This article focuses on the unique problems that the domain name registration system creates for traditional trademark law. First, the article discusses the Internet and explains how the domain name system works. Next, it identifies the trademark law that is implicated by the domain name system, paying particular attention to the FTDA. Then, it discusses nonjudicial remedies that may be used by trademark owners and domain name holders to resolve disputes. Finally, it analyzes the current caselaw in the area of domain name disputes and predicts what courts will do when faced with these novel and complex issues.

A Man's Word And Making Money: Contract Law In New York, 1920-1960, William E. Nelson

MC Law Review

No abstract provided.

Cd-Rom Filings At Trial And Beyond, Clint F. Sare

Computer Law Review and Technology Journal

For motions and briefs, using digital formats - such as a CD-ROM format - may provide significant benefits. Very few courts, however, accept electronic documents for filing in place of paper documents. Thus, for now, computer media may be used only to supplement those traditional filings. This paper discusses the following issues related to CD-ROM filings: (1) when CDROM filings may be allowed in trial and appellate courts; (2) what the disk may and should contain; and (3)whattechnical requirements may apply to such CDROM filings.

Because CD-ROM filings are far from standard, and are sometimes unacceptable, this article is necessarily …

Integrating Self-Concept Theory Into A Model Of Loneliness, Joy M. Tassin '99

Honors Projects

This study utilized the Brewer and Gardner (1996) theory of self-concept and related it to previous theories of loneliness. Seventy participants were cued by stories (primes) to put them in a mind-frame that focused on one level of self. The levels used were the interpersonal level and the collective level. In addition, a control group was used. The collective level of self is the way in which individuals think of themselves within a group. The interpersonal level is the way they think about themselves within an intimate relationship. Loneliness was then measured using both the SELSA and the UCLA loneliness …

Voluntary Versus Involuntary Runaway Youth: Basic Demographics, Characteristics And Family Relations, Darcia A. Colburn '99

Honors Projects

There is an increased concern that youths are leaving home earlier than ever. According to the National Network for Youth, 38% of runaways are under the age of 14. Clinicians, as well as researchers, who have worked with the population of runaway youth recognize that there are two distinct groups (i.e., voluntary and involuntary). Previous research has largely neglected the difference between those youths who have left home on their own initiative (voluntary) and those youths who were forced to leave their home (involuntary.) I hypothesized that involuntary youth will predominantly male and older in age. I examined a number …

Themes And Issues In The Experience Of Child Survivor Friends, Katherine Jane Adolphus

School of Psychology Theses

This study was interested in the experience of adults who had been bereaved of close friends during childhood (aged 5-12 years). This was identified as an area that was both underresearched and of potential importance to mental health professionals. Six participants were recruited through newspaper articles and requests placed in G.P. surgeries. All of the participants met with the researcher for an open-ended, unstructured interview lasting between 1 and 11/2 hours. The interviews were explored using the qualitative approach of 'Interpretative Phenomenologjcal Analysis'. Several themes and issues emerged as important in the experience of child survivor friends. These themes were …