Digital Commons Network^™

The Cyberian Captivity Of Copyright: Territoriality And Authors' Rights In A Networked World, Jane C. Ginsburg

Faculty Scholarship

Let me start with two items of received wisdom: 1) Copyright is territorially-based; 2) Cyberspace is not. But copyrighted works circulate in cyberspace. What does that mean for their protection? I have not labeled this essay "The Cyberian Captivity of Copyright," just because the title is alliterative and fittingly portentious for an inaugural lecture. Rather, like the "Babylonian Captivity" of the papacy in Avignon that the title recalls, it suggests a displacement of an international institution. This need not mean, however, that the displacement is a Bad Thing - after all, the French probably have a more favorable view of …

Copyright Legislation For The "Digital Millennium", Jane C. Ginsburg

Faculty Scholarship

In October 1998, Congress passed two major copyright bills, the "Digital Millennium Copyright Act" [DMCA], and the "Sonny Bono Copyright Term Extension Act." Moreover, the Senate ratified U.S. accession to the WIPO Copyright and Performances and Phonograms Treaties. The DMCA implements the obligations set forth in articles 11 and 12 of the WIPO Copyright Treaty [WCT] (and articles 18 and 19 of the WIPO Performances and Phonograms Treaty [WPPTI) to protect technological measures against circumvention, and to protect "copyright management information" against removal or alteration that facilitates infringement. The DMCA also includes a chapter on the liability of online service …

Progressive Constitutionalism: Conceptions Of Interpretation And The Religion Clauses, Kent Greenawalt

Faculty Scholarship

In this paper, I concentrate on the narrower, more typical topic of judicial interpretation. At least in regard to the religion clauses, this may be warranted because any progressive constitution would probably include something similar to the Free Exercise and Establishment Clauses, and these would be judicially enforceable to some degree.

The first part of this essay explores relations between progressive values and interpretive approaches. When I asked myself how a judge, committed to progressive values, would interpret the Federal Constitution, I was troubled by whether a progressive approach would be activist or restrained in relation to legislative authority. I …

Pathways To Corporate Convergence? Two Steps On The Road To Shareholder Capitalism In Germany, Jeffrey N. Gordon

Faculty Scholarship

One of the most interesting current debates in corporate law is whether worldwide corporate governance will ultimately converge on a single model in light of the increasing globalization of capital markets, and if so, whether it will be an Anglo-American model whose features are shaped by the shareholder primacy norm. Convergence skeptics have focused on the embeddedness of governance systems in national political structures that tend to protect both entrenched insider interests and non-shareholder constituencies against the incursions of Anglo-American governance agendas. Convergence optimists have focused on the evolutionary pressures of competitive international capital markets and on the tendency of …

Required Disclosure And Corporate Governance, Merritt B. Fox

Faculty Scholarship

One of the most distinctive features of U.S. business law is the stringent requirements of ongoing disclosure imposed on issuers of publicly traded securities. This scheme usually has been justified as necessary to protect investors from making poor trading decisions as a result of being uninformed. Little scholarly attention, however, has been paid to the corporate governance effects of such required disclosure. In analyzing these effects, this article concludes that required disclosure can improve corporate governance in important ways. Indeed, improving corporate governance, not investor protection, provides the most persuasive justification for imposing on issuers the obligation to provide ongoing …

Introduction: Reconnecting Labor And Civil Rights Advocacy, Susan P. Sturm

Faculty Scholarship

Labor and civil rights movements in the United States share the aspiration of empowering workers to attain economic and social justice in the workplace. From their inception, both movements have articulated goals that link individual dignity and group empowerment, economic access and fair treatment, legal entitlements and political mobilization. They proceed on the premise that the workplace is a site where vital economic interests and possibilities for self-development come together. Put otherwise, both forms of advocacy strive for a regime that links these concerns to do justice to the workplace as a site for the expression of democratic citizenship.

Legal Aid And Public Interest Law In China, Benjamin L. Liebman

Faculty Scholarship

This article describes the evolution of legal aid and public interest law in China and examines its implications for the legal profession and the law in the context of four intertwined developments: first, China's efforts to establish a nationwide system of government-run legal aid centers; second, China's attempt to expand the availability and improve the quality of legal representation for indigent criminal defendants; third, China's bid to force the legal profession to serve poor clients via mandatory pro bono requirements for lawyers; fourth, the development of non-governmental legal aid centers and the expanding incentives for profit-oriented lawyers to take on …

Context And Culpability In Adolescent Crime, Jeffrey A. Fagan

Faculty Scholarship

This Essay merges the perspectives of context and decision-making to assess the role of contextual factors in the unfolding of violent events by adolescents. The framework for decision-making assumes that context is a dynamic rather than a static feature of the cognitive landscape. Decisions by adolescents to engage in crime or violence are shaped through interactions with features of their environments, are contingent on responses emanating from that context, and are filtered through the unique lens of adolescence. Rather than assuming discrete and independent components in a decision framework, this Essay assumes that decisions are the product of interactions across …

The Political Economy Of Recognition: Affirmative Action Discourse And Constitutional Equality In Germany And The U.S.A., Kendall Thomas

Faculty Scholarship

This paper undertakes a comparative exploration of affirmative action discourse in German and American constitutional equality law. The first task for such a project is to acknowledge an important threshold dilemma. The difficulty in question derives not so much from dissimilarities between the technical legal structures of German and American affirmative action policy. The problem stems rather from the different social grounds and groupings on which those legal structures have been erected. Because German "positive action"' applies only to women, gender and its cultural meanings have constituted the paradigmatic subject of the policy. The legal discussion of positive action has …

Utb/Tsc This Week 1999-01, University Of Texas At Brownsville And Texas Southmost College. Office Of News And Information

UTB/TSC Archives - This Week Newsletter

No abstract provided.

The Past, Present And Future Of Title Vi Of The Civil Rights Act As A Tool Of Environmental Justice, Michael B. Gerrard, Nicholas Johnson, Peggy Shepard, Melva J. Hayden, Sheila Foster, Elizabeth Georges

Faculty Scholarship

Mr. Michael Gerrard: I am going to try to do something a little unconventional. After hearing some remarks from Professor Johnson, I will try to start a dialogue. I have been requested to ask very tough questions of our panelists, so I will do that in the hope of drawing all of you in the audience into the dialogue. First, we will hear some remarks from Professor Nicholas Johnson of Fordham University School of Law.

Head Movement And Vision In Underwater-Feeding Birds Of Stream, Lake, And Seashore, Lee W. Casperson

Electrical and Computer Engineering Faculty Publications and Presentations

Studies head movement and vision in underwater-feeding birds. Review of relevant literature on the physiological and behavioral aspects of vision; Role of vertical head movement as an aid in the acquisition of visual information.

Ocean Surface Maps From Blending Disparate Data Through Normal Mode Analysis, William John Schulz Jr.

OES Theses and Dissertations

Rapid environmental assessment is conducted using disparate data sources in the northwestern Gulf of Mexico. An overview of significant physical features in the Gulf highlights the complexities of the large and meso-scale circulations. Spectral analysis of high resolution current meter and drifter data reveals the significant forcing features detectable by readily available observing techniques. These observations are combined with boundary data extracted from the U.S. Navy's Modular Ocean Data Assimilation System (MODAS) through Normal Mode Analysis (NMA). The NMA blending process is described, and surface maps of velocity and convergence are produced. Using statistical and qualitative techniques, the NMA generated …

Construction Of An Escherichia Coli Lac Repressor-Based System To Study Human Cytomegalovirus Gene Expression, Laura Fernanda Cageao-Luchetti

Theses and Dissertations in Biomedical Sciences

An Escherichia coli lac repressor-based system was developed to study the roles of human cytomegalovirus (HCMV) genes during viral replication. To this end, a recombinant HCMV expressing the lac repressor was generated (RVlac), and an HCMV-specific promoter was targeted for conditional expression by inserting the lac operator sequence. The promoter of a nonessential gene was chosen in order to be able to assess parameters of repression and derepression of the operator-containing promoter in the endogenous locus, without having virus growth dependent on the specific inducer isopropylthiogalactoside (IPTG). The feasibility of this approach to conditionally express an HCMV promoter …

Comparative Student Perception And Interactional Event Analysis In An Urban Computer-Based Distance Education Environment, Michael Shawn Ireland

Theses and Dissertations in Urban Services - Urban Education

This two-part study used quasi-experimental research methodologies to analyze and assess students' perceptions of the level of their personal interaction, overall interaction, observed interaction, attitude, satisfaction and direct participation in synchronous computer-based interactive remote instruction (IRI) and two-way audio/one-way video (TELETECHNET) intra-urban distance learning environments. For the first part of this study 101 subjects were measured during a semester of instruction in three 4-week interval observations. Intact groups assigned to two different treatment environments, computer-based upper division and graduate level computer science distance learning courses, and two-way audio/one-way video upper division computer science distance learning courses were observed at an …

Efficient Dynamic Unstructured Methods And Applications For Transonic Flows And Hypersonic Stage Separation, Xiaobing Luo

Mechanical & Aerospace Engineering Theses & Dissertations

Relative-moving boundary problems have a wide variety of applications. They appear in staging during a launch process, store separation from a military aircraft, rotor-stator interaction in turbomachinery, and dynamic aeroelasticity.

The dynamic unstructured technology (DUT) is potentially a strong approach to simulate unsteady flows around relative-moving bodies, by solving time-dependent governing equations. The dual-time stepping scheme is implemented to improve its efficiency while not compromising the accuracy of solutions. The validation of the implicit scheme is performed on a pitching NACA0012 airfoil and a rectangular wing with low reduced frequencies in transonic flows. All the matured accelerating techniques, including the …

Spoiling The Surprise: Constraints Facing Random Regulatory Inspections In Japan And The United States, Andrew Chin

Faculty Publications

This Article is organized as follows. Part I presents a rational actor model of legal compliance under an enforcement regime based on random inspections and identifies two classes of reforms that can be applied in combination to improve aggregate compliance. Part II introduces the problem of corrupt tip-offs into the model and argues that exogenous reforms are necessary to combat corruption. Part III surveys the use of random administrative inspections in the United States, reviews the approaches taken by four such programs to improve compliance and fight corruption, and describes the various constraints under which they must operate. Part IV …

Three Limitations Of Deliberative Democracy: Identity Politics, Bad Faith, And Indeterminancy, William H. Simon

Faculty Scholarship

In Democracy and Disagreement, Amy Gutmann and Dennis Thompson elaborate a liberal political style designed to complement the substantive liberalism they and others have developed in recent years. The style they portray is deliberative, and its essence is the appeal to principle.

Environmental Sustainability And Environmental Justice At The International Level: Traces Of Tension And Traces Of Synergy, Donald Thomas Hornstein

Faculty Publications

No abstract provided.

Sanctions Against Perpetrators Of Terrorism, Lori Fisler Damrosch

Faculty Scholarship

Since the title for this panel is "Presidential Uses of Force and Other Sanction Strategies," I will begin with "other sanction strategies" – that is, other than use of force. I would rather not be cast in the role of the dove on the panel to comment on illegitimacy of uses of force (presidential or otherwise), because I do not want to rule out or necessarily oppose presidential uses of force for counter-terrorism purposes in all circumstances. Indeed, I find myself in considerable agreement with Professor Reisman's lecture. Although I have disagreed with some of his writings and positions on …

The Nuttiness Of Divorce, Thomas W. Merrill

Faculty Scholarship

The erratic, emotional "nuttiness" of divorce is predictable. Rest assured, however, you are not crazy. You are merely responding to the temporary emotional upheaval in your life. To help you better understand what you are experiencing, we have put together a brief explanation of the psychological stages or phases that accompany the legal process of divorce.

Comparison Of Methods For Calculating The Properties Of Intramolecular Hydrogen Bonds. Excited State Proton Transfer, T. Kar, Steve Scheiner, M. Cuma

Chemistry and Biochemistry Faculty Publications

A series of molecules related to malonaldehyde, containing an intramolecular H-bond, are used as the testbed for a variety of levels of ab initio calculation. Of particular interest are the excitation energies of the first set of valence excited states, nπ^∗ and ππ^∗, both singlet and triplet, as well as the energetics of proton transfer in each state. Taking coupled cluster results as a point of reference, configuration interaction-singles–second-order Møller–Plesset (CIS–MP2) excitation energies are too large, as are CIS to a lesser extent, although these approaches successfully reproduce the order of the various states. The …

Chapter Annual Reports, 1999, Eta Sigma Gamma

ESG Documents

The annual reports lists specific information on each chapter, the officers, awards, major events, and other activities.

Chlorine-Containing Gases In Antarctica, M. A. K. Khalil, R. A. Rasmussen

Physics Faculty Publications and Presentations

In recent years, there has been considerable interest in chlorine-containing trace gases in the atmosphere, particularly in Antarctica because of the relationship between chlorofluorocarbons and the antarctic ozone hole. All chlorinecontaining trace gases, whether produced by human activities or by natural processes, have a potential for destroying ozone in the stratosphere. This is a complex environmental problem, but it is clear that manmade chlorine-containing gases are the driving force behind the antarctic ozone hole and, by extension, reductions of stratospheric ozone over other parts of the world [World Meteorological Organization (WMO) 1989, 1991, 1995]. We have taken measurements of the …

Calculation Of The Electron Self-Energy For Low Nuclear Charge, Ulrich D. Jentschura, Peter J. Mohr, Gerhard Soff

Physics Faculty Research & Creative Works

We present a nonperturbative numerical evaluation of the one-photon electron self-energy for hydrogenlike ions with low nuclear charge numbers Z = 1 to 5. Our calculation for the 1S state has a numerical uncertainty of 0.8 Hz for hydrogen and 13 Hz for singly ionized helium. Resummation and convergence acceleration techniques that reduce the computer time by about 3 orders of magnitude were employed in the calculation. The numerical results are compared to results based on known terms in the expansion of the self-energy in powers of Zα.

Sentencing Guidelines In Minnesota, Other States, And The Federal Courts: A Twenty-Year Retrospective, Richard Frase

Articles

No abstract provided.

Structural Disorder And The Origin Of High-Tc Suppression In La₁.₈₇₅Ba₀.₁₂₅ Cuo4−Δ, Daniel Haskel, Edward A. Stern, Fatih Dogan, Arnie R. Moodenbaugh

Materials Science and Engineering Faculty Research & Creative Works

Polarized x-ray absorption fine structure (XAFS) measurements at all La, Ba and Cu sites were used to study local structural features that accompany the strong Tc suppression at: r,,, 1/8 in La₂BaCuO₄. Two critical parameters regulating the strength of hole-lattice coupling in this material were determined, ie, the direction and magnitude of CuO₆ octahedra local tilts. Our findings include the existence of large disorder in the magnitude of the tilt angle about its average value (0), with an rms~~ 2 (0). We suggest that this large disorder strongly scatters a large fraction of states at …

X-Ray Absorption, Neutron Diffraction, And Mössbauer Effect Studies Of Mnzn-Ferrite Processed Through High-Energy Ball Milling, D. J. Fatemi, V. G. Harris, Mingxing Chen, Satish K. Malik, William B. Yelon, Gary J. Long, Amitabh Mohan

Physics Faculty Research & Creative Works

MnZn-ferrite has been prepared via high-energy ball milling of elemental oxides MnO, ZnO, and α-Fe₂O₃. Neutron diffraction measurements suggest a high density of vacancies in a spinel structure. The spinel phase appears to comprise 99.8 wt % of the material in the sample milled for 40 h, with the remainder attributable to unreacted α-Fe₂O₃. The x-ray absorption near-edge structure was analyzed to provide an understanding of the charge state of the constituent Fe ions. This analysis reveals about 2/3 of Fe cations to be trivalent, increasing to about 3/4 after a 5 …

Nuclear Fuel Pellet Inspection Using Artificial Neural Networks, Shahla Keyvan, Xiaolong Song, Mark Kelly

Nuclear Engineering and Radiation Science Faculty Research & Creative Works

Nuclear fuel must be of high quality before being placed into service in a reactor. Fuel vendors currently use manual inspection for quality control of fabricated nuclear fuel pellets. In order to reduce workers' exposure to radiation and increase the inspection accuracy and speed, the feasibility of automation of fuel pellet inspection using artificial neural networks (ANNs) is studied in this paper. Three kinds of neural network architectures are examined for evaluation of the ANN performance in proper classification of good versus bad pellets. Two supervised neural networks, back-propagation and fuzzy ARTMAP, and one unsupervised neural network called ART2-A are …

Morphology And Electrophysiology Of Retinal Photoreceptor Terminations In The Octopus (Eledone Cirrosa) Optic Lobe, Dominic Anthony Hussey

School of Biological and Marine Sciences Theses

Cephalopods possess a well-developed visual system encompassing a pair of camera-type eyes attached to specific visual processing regions of the central nervous system known as the optic lobes. The retina contains a single type of photoreceptive cell, which send axons via a dorso-ventral chiasma to the optic lobes. Although electrophysiological recordings have been routinely obtained from the retina there are few recordings from the optic lobe. This study investigated the morphology and electrophysiology of the first synapse in the Octopus (Eledone cirrosa) visual system. The morphology and innervation patterns of individual optic nerves onto the optic lobe were revealed using …