Digital Commons Network^™

Privacy, Cyberspace, And Democracy: A Case Study, Michael J. Gerhardt

Faculty Publications

No abstract provided.

What Is The Matter With Equality?: An Assessment Of The Equal Treatment Of Religion And Non-Religion In First Amendment Jurisprudence, William P. Marshall

Faculty Publications

No abstract provided.

Foreward, Symposium: Philosophical Hermeneutics And Critical Legal Theory, Francis J. Mootz Iii

Scholarly Works

This Symposium brings the considerable talents of a diverse group of scholars to bear on a pressing problem in legal theory: Whether critical theory is possible after the hermeneutical turn. All too often, this problem is framed to invite an “either-or” response. Either we reject the hermeneutical turn and hew to a traditional account of critique anchored by an unimpeachable standard (whether economic, historical, conceptual, cognitive, or otherwise), or we take the hermeneutical turn by embracing radical historical contingency and fluidity, thereby forsaking the possibility of critique and surrendering to conservative conventionalism or inviting postmodern chaos. This Symposium challenges this …

Human Rights And Wrongs In Our Own Backyard: Incorporating International Human Rights Protections Under Domestic Civil Rights Law---A Case Study Of Women In The United States Prisons, Martin A. Geer

Scholarly Works

An urgent human rights crisis at home is under close scrutiny by diverse groups including the United Nations, non-governmental organizations, the U.S. Department of Justice, and public interest lawyers. Within the context of a prison population explosion that dwarfs that of the rest of the world, the undeveloped status of international human rights in U.S. domestic jurisprudence becomes more evident. Within prison populations, increasing numbers of women’s lives are reduced to half-lives under the tortuous effects of sexual abuse by corrections officials. This dire situation presents the question: Can women prisoners continue to be denied the protections of international human …

A Reflective Rhetorical Model: The Legal Writing Teacher As Reader And Writer, Linda L. Berger

Scholarly Works

Like most writing teachers, the legal writing teacher believes that his reading and response to student work is the most important thing he does, an importance that is underscored by the amount of time it takes. Yet, despite its importance and the hours it consumes, the rhetoric of teacher reading and writing remains relatively unexplored. This article proposes that we begin to apply what we have learned about student reading and writing to our own reading and writing. Our process of reading and responding to student work should be as reflective and rhetorical as the reading and writing process that …

Protecting Franchisees From Abusive Arbitration Clauses, Jean R. Sternlight

Scholarly Works

This article sets out a number of legal arguments that franchisees can potentially use to defeat arbitration clauses that seek to accomplish ends that would not be permissible in litigation. Drawing from decisions protecting consumers and employees from unfair arbitration clauses, as well as from opinions in the franchise context, this article analyzes arguments that can be based on the U.S. Constitution, federal statutes, state statutes, and common law. By way of this analysis, it suggests that some courts are misapplying arbitration precedents and preemption arguments to support decisions that allow franchisors to effectively exempt themselves from legislation and even …

Is Binding Arbitration A Form Of Adr?: An Argument That The Term "Adr" Has Begun To Outlive Its Usefulness, Jean R. Sternlight

Scholarly Works

Professor Frank Sander has, for many years, been one of the most prescient commentators on the alternative dispute resolution ("ADR") movement. His 1976 Pound Conference speech has been identified by many as marking the birth of the modern ADR phenomena. That speech, which compared some of the pros and cons of litigation and an array of other dispute resolution processes, has been summarized as proposing the concept of the "multi-door courthouse." In contrast, Professor Sander's more recent and very interesting review of the present and future of ADR makes little attempt to distinguish between mediation and binding arbitration, the two …

The Inevitability Of The Eclectic: Liberating Adr From Ideology, Jeffrey W. Stempel

Scholarly Works

The problem with viewing facilitation as the only legitimate form of mediation, of course, is that it borders on tautology: mediation is nonevaluative, therefore any evaluation in mediation must be impermissible. Although this view remains strongly held in many quarters, it appears to be in retreat, both within the mediation community and in the legal community at large. Courts and commentators have shown increasing favor toward some evaluative or advising component of mediation. More important, the eclectic style appears to be what takes place in the metaphorical trenches of mediation practice (although sound empirical data is necessarily hard to obtain …

Presidential Non-Enforcement Of Constitutionally Objectionable Statutes, Dawn E. Johnsen

Articles by Maurer Faculty

This article, published in Law & Contemporary Problems, was presented at a Duke Law School conference, The Constitution Under Clinton: A Critical Assessment. It examines a recurring, unsettled issue of executive power: how the President best fulfills his constitutional responsibilities when confronted with the enforcement of a statute that he believes is unconstitutional. What should the President do if he believes enforcing a statutory provision would violate the Constitution? Should, for example, a President comply with a congressional command that he believes would violate the constitutional rights of individuals or compromise presidential power? The article examines the two prevailing approaches …

Monstrous Offenders And The Search For Solidarity Through Modern Punishment, Joseph E. Kennedy

UC Law Journal

In this article, Professor Kennedy examines the tremendous increase in the severity of punishment in America in recent decades. He posits that criminal punishment has come to serve as a new civic religion of sorts for a society worried about its ability to cohere. The depth of our anxieties about our social solidarity, Kennedy argues, expresses itself in our monstrous conceptions of crime and in the corresponding severity of our punishment. His conclusion is that crime has come to serve as a rallying cry for a divided and insecure society, and that individuals and groups try to use punishment and …

Taking Trips To The Eleventh Amendment: The Aftermath Of The College Savings Cases, John O'Connor

UC Law Journal

This note examines the conflict between Eleventh Amendmentbased state sovereign immunity and Fourteenth Amendment-based congressional power to abrogate that immunity. In 1999, the Supreme Court handed down two opinions that dramatically redefined the relationship between federal government and the states. In the companion intellectual property cases, College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board and Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank, the Supreme Court held that Congress had improperly attempted to abrogate the states' sovereign immunity, overruling aspects of the Trademark Remedy Act and Patent Remedy Acts respectively. As a result of these cases, …

The Keepers Of The Gates: Intellectual Property, Antitrust, And The Regulatory Implications Of Systems Technology, Dana R. Wagner

UC Law Journal

This Article identifies and analyzes an emerging trend in the legal regulation of high-technology industries. The Article begins by distinguishing between conventional forms of computer technology and "systems technology," the architectural technology that defines computing environments and determines the products with which they can interface. It argues that a doctrinal shift is occurring in the laws that regulate the competitive behavior of systems-technology innovators: a shift away from exclusionary entitlements and towards a system of liability-rule protections. As evidence of this shift, the Article examines recent legal disputes involving microprocessor technology and computer bus design.

The Article then argues that …

Beyond Relevant Conduct--The Federal Sentencing Commission's (In)Discretion: How U.S.S.G. Section 2g2.2(B)(4) Illustrates The Future Of The Sentencing Guidelines, Rebecca Poate

UC Law Journal

This Note explores the aftermath of the creation of the Federal Sentencing Guidelines and the choice to include relevant conduct as a sentencing criteria. It argues that peculiar, unintended consequences have largely been the result of this attempted reform. The inclusion of relevant conduct, despite its debatable connection to congressional intent, combined with a statute left over from pre- Guideline sentencing that mandates rampant judicial discretion at sentencing, has allowed the disparity-producing sentencing of old to creep back into the post-Guideline world. This time, however, the wide-ranging discretion to consider virtually any conduct at sentencing is comfortably hidden behind the …

The Activating And Sustaining Of Thematic Inferences By Skilled And Unskilled Readers, Sherman M. Normandin

Undergraduate Theses and Senior Projects

No abstract provided.

Government Of The Good, Abner S. Greene

Vanderbilt Law Review

Government "speaks" both directly through its own pronouncements and indirectly through funding private speech. Many scholars of both political theory and constitutional law have argued that government should not use its persuasive powers to promote contested notions of the good life. Whether the issue is providing information about childbirth without also providing information about abortion or insisting on adherence to decency standards when awarding cultural grants, scholars generally have maintained that government should avoid taking sides.

In this Article, Professor Greene supports the contrary position, advocating a vigorous role for government speech even in areas of great social contest. Government …

Substance And Procedure In Capital Cases: Why Federal Habeas Courts Should Review The Merits Of Every Death Sentence, Joseph L. Hoffmann

Articles by Maurer Faculty

No abstract provided.

On Courts Herding Cats: Contending With The "Written Description" Requirement (And Other Unruly Patent Disclosure Doctrines), Mark D. Janis

Articles by Maurer Faculty

No abstract provided.

Inter Partes Patent Reexamination, Mark D. Janis

Articles by Maurer Faculty

No abstract provided.

The Importance Of Being Comparative: M. Dale Palmer Professorship Inaugural Lecture, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.

2000 Faculty Senate Meeting Minutes & Supplementary Materials, Spring, Morehead State University. Faculty Senate.

Faculty Senate Records

Faculty Senate Meeting Minutes & Supplementary Materials for the Spring of 2000.

Search For Resonances Decaying To E+-Jet In E+P Interactions At Hera, J. Breitweg, S. Chekanov, M. Derrick, D. Krakauer, S. Magill, B. Musgrave, A. Pellegrino, J. Repond, R. Stanek, R. Yoshida, Margarita C. K. Mattingly, G. Abbiendi, F. Anselmo, P. Antonioli, G. Bari, M. Basile, L. Bellagamba, D. Boscherini, A. Bruni, G. Bruni, G. Cara Romeo, G. Castellini, L. Cifarelli, F. Cindolo, A. Contin, N. Coppola, M. Corradi, S. De Pasquale, P. Giusti, G. Iacobucci, G. Laurenti

Faculty Publications

The e+-jet invariant mass spectrum produced in the reaction e+p → e+ X has been studied at a center-of-mass energy of 300 GeV. The data were collected using the ZEUS detector operating at the HERA collider, and correspond to an integrated luminosity of 47.7 pb-1. The observed mass spectrum is in good agreement with Standard Model expectations up to an e+-jet mass of 210 GeV. Above this mass, some excess is seen. The angular distribution of these events is typical of high-Q2 neutral current events and does not give convincing evidence for the presence of a narrow scalar or vector …

Measurement Of Diffractive Photoproduction Of Vector Mesons At Large Momentum Transfer At Hera, J. Breitweg, S. Chekanov, M. Derrick, D. Krakauer, S. Magill, B. Musgrave, A. Pellegrino, J. Repond, R. Stanek, R. Yoshida, Margarita C. K. Mattingly, G. Abbiendi, F. Anselmo, P. Antonioli, G. Bari, M. Basile, L. Bellagamba, D. Boscherini, A. Bruni, G. Bruni, G. Cara Romeo, G. Castellini, L. Cifarelli, F. Cindolo, A. Contin, N. Coppola, M. Corradi, S. De Pasquale, P. Giusti, G. Iacobucci, G. Laurenti

Faculty Publications

No abstract provided.

Search For Contact Interactions In Deep Inelastic E+P → E+X Scattering At Hera, J. Breitweg, S. Chekanov, M. Derrick, D. Krakauer, S. Magill, B. Musgrave, A. Pellegrino, J. Repond, R. Stanek, R. Yoshida, Margarita C. K. Mattingly, G. Abbiendi, F. Anselmo, P. Antonioli, G. Bari, M. Basile, L. Bellagamba, D. Boscherini, A. Bruni, G. Bruni, G. Cara Romeo, G. Castellini, L. Cifarelli, F. Cindolo, A. Contin, N. Coppola, M. Corradi, S. De Pasquale, P. Giusti, G. Iacobucci, G. Laurenti

Faculty Publications

In a search for signatures of physics processes beyond the Standard Model, various eeqq vector contact-interaction hypotheses have been tested using the high-Q2 deep inelastic neutral-current e+p scattering data collected with the ZEUS detector at HERA. The data correspond to an integrated luminosity of 47.7pb-1 of e+p interactions at 300 GeV center-of-mass energy. No significant evidence of a contact-interaction signal has been found. Limits at the 95% confidence level are set on the contact-interaction amplitudes. The effective mass scales Λ corresponding to these limits range from 1.7 TeV to 5 TeV for the contact-interaction scenarios considered.

A Study Of Indiana State University's Pds Partnerships Through Qualitative Review Of Liaison Activities, Collaborative Inquiry, And Teacher Perceptions, Kevin Bruce Bolinger

All-Inclusive List of Electronic Theses and Dissertations

The purpose of his study was to examine the characteristics of the Professional Development School partnership between Indiana State University and several local school sites to determine the extent of institutional commitment, the roles which are valued and practiced by university liaisons, and the types of collaborative inquiry research which are conducted by university and school personnel. A survey of school teachers within PDS school sites was conducted to elaborate on the perceptions and opinions about the function and results of the PDS partnership. A sample of 425 teachers was non-randomly selected from five PDS sites; 171 teachers completed and …

Alcohol Consumption Patterns, Death Attitudes, And Personal Meaning Among College Women, Christopher Hugh Nolan

All-Inclusive List of Electronic Theses and Dissertations

Viktor Frankl's logotheory proposes that personal meaning in life and the attitudes people hold toward their own subjective mortality play important mediating roles in the way individuals choose to view and conduct their lives. The purpose of this study was to test the effectiveness of Frankl's existential model in explaining problem drinking among college women by determining whether there are group differences in personal meaning and death attitudes as a function of alcohol consumption patterns. The sample consisted of 154 college women whose patterns of alcohol consumption allowed for participant classification into one of three groups: (a) non-drinkers (n = …

History And The Eleventh Amendment, John V. Orth

Faculty Publications

No abstract provided.

Evaluation Of Packaging Materials Under Vacuum For Potential Use As Internal Cushioning For Semiconductor Industry Vacuum Machinery, Andrew Baisch

Theses

This study explores a concept for applying basic packaging materials to an environment of high vacuum. This study identified three basic packaging materials and exposed them to a high vacuum environment to identify visual effects caused by the vacuum. In semiconductor and data storage industries, the machinery needed to ultimately create a computer chip often contains vacuum chambers. A common practice of the industry is to ship this machinery while under a state of high vacuum. There are parts inside these vacuum chambers that need protection from the effects of shock and vibration. By placing a sample of packaging material …

Luminesence Study Of Polymer-Copolymer Blends Using A Carbazole/Iodine Probe/Quencher System, Tammy Davis

Theses

The miscibility behavior of binary blends of polystyrene (PS), poly(methyl methacrylate) (PMMA) and their copolymers was re-evaluated using the luminescence of carbazole (Cz) and its quenching by 4-iodoaniline (I). The chromophore and quencher probes were polymerized into the polymers and copolymers to be blended. These experiments were conducted at room temperature, on thin films, and were compared to the published results of Braun, et. al.13Homopolymer/copolymer blend compositions were selected from regions of miscible, partially miscible, and immiscible phase behavior. The quencher molecule, 4-iodoaniline, was derivatized to form the vinylfunctionalized monomer, N-(4-iodophenyl)maleimide (NIPMI). The synthesis of NIPMI was carried out in …

Estimation Of A Monotone Mean Residual Life, Subhash C. Kochar, Hari Mukerjee, Francisco J. Samaniego

Mathematics and Statistics Faculty Publications and Presentations

In survival analysis and in the analysis of life tables an important biometric function of interest is the life expectancy at age x,M(x), defined by M(x)=E[X?x|X>x], where X is a lifetime. M is called the mean residual life function. In many applications it is reasonable to assume that M is decreasing (DMRL) or increasing (IMRL); we write decreasing (increasing) for nonincreasing (non-decreasing). There is some literature on empirical estimators of M and their properties. Although tests for a monotone M are discussed in the literature, we are not aware of any estimators of M under these order restrictions. In …

Whatever Happened To Anti-Semitism? How Social Science Theories Identify Discrimination And Promote Coalitions Between "Different" Minorities, Clark Freshman

Faculty Scholarship

No abstract provided.