Digital Commons Network^™

A General Framework For Competitive Analysis In Wireless Telecommunications, J. Gregory Sidak, Hal J. Singer, David J. Teece

UC Law Journal

No abstract provided.

A Comment On Competition And Controversy In Local Telecommunications, Howard A. Shelanski

UC Law Journal

No abstract provided.

"If Property Rights Were Treated Like Human Rights, They Could Never Get Away With This": Blacklisting And Due Process In U.S. Economic Sanctions Programs, Peter L. Fitzgerald

UC Law Journal

Economic sanctions have proliferated in the last half of the twentieth century, and become the "first choice" of policymakers seeking tools to address many complex international issues. A key feature of these various sanctions programs is the use of a blacklist, to bring third party agents, controlled entities, and corporate cloaks operating elsewhere within the ambit of the sanctions aimed at a particular country or destination. These blacklists have now grown to include several thousand individuals and entities. However, despite the growing importance of economic sanctions, and their accompanying blacklists, these programs are still managed by a relatively small office …

New York, Printz, And The Driver's Privacy Protection Act: Has Congress Commandeered The State Department Of Motor Vehicles?, Adam S. Halpern

UC Law Journal

In New York v. United States, the Supreme Court set forth the rule that any federal law which directs state governments to enact specific legislation is per se unconstitutional. The Court characterized these federal laws as attempts to "commandeer" the States' governmental machinery. The Court reaffirmed and extended the so-called "anti-commandeering" principle in Printz v. United States, holding that Congress may not constitutionally pass a law that directs a State's administrative officials to take a particular action. In the wake of these decisions, two U.S. circuit courts of appeals have struck down as unconstitutional the Driver's Privacy Protection Act of …

America's Uneasy Relationship With The Working Poor, A. Mechele Dickerson

UC Law Journal

While Americans historically have supported efforts to provide financial assistance to the truly needy members of our society, we have a fear that giving cash or other forms of economic assistance to the unemployed but able-bodied is morally corrupting and fosters economic dependency. Recent efforts to overhaul welfare and bankruptcy laws resulted from the public's perception that too many people failed to become economically self-sufficient despite an extended peacetime period of economic prosperity.

This Article examines our society's uneasy relationship with the working poor and our hesitancy to provide economic relief to ablebodied people who appear to have contributed to …

Institutional Signals And Implicit Bargains In The Ulp Strike Doctrine: Empirical Evidence Of Law As Equilibrium, Michael H. Leroy

UC Law Journal

Law as Equilibrium hypothesizes that the Supreme Court acts strategically, through signals and implicit bargains with the coordinate branches, to import its substantive values to public policies. In this Article, Professor LeRoy provides strong empirical support for this theory.

Examining 467 National Labor Relations Board decisions over a 60- year period that categorized permanent replacement strikes as "economic" or "unfair labor practice" (ULP) strikes, I find remarkable evidence of decisional constancy. For the 1940s, the Board ruled that a replacement strike was also a ULP strike in 39% of its cases. These rulings essentially negated an employer's right to hire …

Amorality And Humanitarianism In Immigration Law, Catherine Dauvergne

All Faculty Publications

The author argues that liberalism does not provide a meaningful standard for assessing whether immigration laws are just. In the absence of a justice standard, immigration laws occupy an amoral realm. Varying strands of liberal theory about membership in society do converge around the humanitarian ideal that some people are so needy that they must be admitted on a moral basis. The humanitarian consensus, however, is unhelpful for most of the broad societal debates about immigration, and is a front for discursive cohesion without any underlying agreement. Humanitarianism is a pragmatic tool for shifting law and policy, but must be …

Interpreting The Income Tax Act - Part 2: Toward A Pragmatic Approach, David G. Duff

All Faculty Publications

Part 1 of this two-part article reviewed the four main doctrines to which Canadian courts have referred in interpreting the Income Tax Act (strict construction, purposive interpretation, the plain meaning rule, and the words-in-total-context approach) and examined leading cases in which these doctrines have been defined and applied. Part 2 of the article evaluates each of the interpretive doctrines examined in part 1 and develops, as an alternative, an explicitly "pragmatic" approach. This alternative approach builds on the words-in-total-context doctrine by interpreting the words of the Act "in their entire context," having regard to the scheme of the Act, the …

1999 Faculty Senate Meeting Minutes & Supplementary Materials, Morehead State University. Faculty Senate.

Faculty Senate Records

Faculty Senate Meeting Minutes & Supplementary Materials for 1999.

African-American Freshmen Student Persistence Factors In Comparison To White Freshmen Student Persistence Factors At Indiana State University, Gwendolyn Lynette Lee-Thomas

All-Inclusive List of Electronic Theses and Dissertations

The 1990 national census report revealed that Indiana ranked 47 th in the nation in regard to individuals over the age of 25 with bachelor degrees. Forty-nine percent of the 1995–96 Indiana high school graduates matriculated into Indiana higherEducation institutions—56 percent in-state and out-of-state (Indiana Commission for HigherEducation Report, 1998). However, the African-American student persistence rate is 24 percent, regarding those who attain a bachelor degree within four years compared to 51 percent for all students. However, if extended to six years, the percentage increases to 42.2 percent compared to 57.5 percent for all students. This study determined certain retention …

Members’ Briefing: Licensing, Anne Klinefelter

Faculty Publications

No abstract provided.

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?, Douglas D. Scherer, James C. Sharf, Richard T. Seymour, Maria O'Brien Hylton, Paulette Caldwell

Scholarly Works

No abstract provided.

Southworth V. Grebe: The Conservative Utilization Of "Negative" First Amendment Rights To Attack Diversity Of Thought At Public Universities, Meredith R. Miller

Scholarly Works

No abstract provided.

Discrimination Cases In The Supreme Court's 1997 Term (The Supreme Court And State And Local Government Law: The 1997-1998 Term), Eileen Kaufman

Scholarly Works

No abstract provided.

Volatile Corrosion Inhibitors Technology For Protection Of Machined Metal Parts During Storage And Distribution, Alexander Sobkin

Theses

The significant dollar losses that can occur when metallic products are damaged or lost, due to rust and corrosion, force many manufacturers to concentrate efforts on corrosion control and prevention during packaging, shipping and storage. Many people often simply accept corrosion as an inevitable problem. Actually, something can and should be done to prolong the life of many metals exposed to corrosive environments. Many of the standard methods to control corrosion, paint, grease and wax, for example, are messy, time consuming and expensive. These methods also pose a potential threat to the environment unless properly treated and disposed. An alternative …

Mechanical Properties Of Polystyrene And Polypropylene Based Materials After Exposure To Hydrogen Peroxide, John Torres

Theses

This study addresses a specific problem faced by a company in the food industry, although all food companies face similar issues. In an effort to reduce costs, the pursuit to down-gauge packaging materials is constant. In the case of this study, the primary package of a dairy product is being considered for reduction from the current 57 mil thickness to 52 mils. In the past, as the material was down-gauged from 62 mils, a loss in material strength and an increase in damage were observed. Initial research into the issue by line personnel found that the increase in damage was …

A Study Of Replacing Pvc With Pegt Plastic Bottles Due To Recycling Concers For Pvc, Manpreet Soch

Theses

Environmental concerns in European countries caused a US cosmetics company to evaluate plastic materials to replace PVC bottles for fragrances. PVC bottles and PETG bottles were measured and tested for several attributes, including finished dimensions following molding, leak testing, ink adhesion, drop testing, and product compatibility. Testing results indicate that PETG bottles make an acceptable replacement material for PVC bottles for a fragrance package. (Abstract

Radicalism, Racism, And Affirmative Action: In Defense Of A Historical Approach, Deseriee Kennedy

Scholarly Works

No abstract provided.

An Ideological Approach To Excuse In Criminal Law, John L. Diamond

Faculty Scholarship

No abstract provided.

The Case For Punitive Damages In Contracts, William S. Dodge

Faculty Scholarship

No abstract provided.

Looking For Policy In All The Wrong Places: A Comment On The Strategies Of "The Race And Gender Crowd" Toward Evidence Law, David L. Faigman

Faculty Scholarship

No abstract provided.

Defensive Leveraging In Antitrust, Robin Feldman

Faculty Scholarship

No abstract provided.

Some Thoughts On The American Model, Joseph R. Grodin

Faculty Scholarship

No abstract provided.

Commentary On William Lloyd Prosser, Strict Liability To The Consumer In California, David Jung

Faculty Scholarship

No abstract provided.

On The Received Wisdom In Federal Courts, Evan Tsen Lee

Faculty Scholarship

No abstract provided.

A Congratulatory Note, David I. Levine

Faculty Scholarship

No abstract provided.

Retooling American Discovery For The Twenty-First Century: Toward A New World Order?, Richard L. Marcus

Faculty Scholarship

No abstract provided.

"To Lay And Collect Taxes": The Constitutional Case For Progressive Taxation, Leo P. Martinez

Faculty Scholarship

No abstract provided.

Public Fora, Neutral Governments, And The Prism Of Property, Calvin R. Massey

Faculty Scholarship

No abstract provided.

Efficiency And Equal Protection In The New European Contract Law: Mandatory, Default And Enforcement Rules, Ugo Mattei

Faculty Scholarship

No abstract provided.