Digital Commons Network^™

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 …

Changes In Dryness/Wetness In China During The Last 529 Years., Jie Song

Faculty Articles, Papers, and Other Scholarship

Historical written records of weather conditions that affect agriculture and living conditions in China can serve as a proxy for instrumental observations of the relative wetness and dryness, or precipitation amounts, for periods of time dating back to at least AD 1470. The dryness:wetness index (DW) data at 100 selected sites and at a subset of 25 sites with entirely continuous data indicate that during the growing season the number of sites with dryness increased rapidly in the 20th century, in contrast to a gradual increase and leveling off of wetness since the 18th century. Dry conditions existed mostly in …

Glacial Deposits, Vol. 28, 1999-2000, Department Of Geography-Geology

Glacial Deposits

Newsletter of the Department of Geography-Geology

Equal Protection Challenges To The Use Of Racial Classifications To Promote Integrated Public Elementary And Secondary Student Enrollments, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

The Constitutionality Of Racial Classifications In Public School Admissions, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

From International Treaties To Internet Norms: The Evolution Of International Trademark Disputes In The Internet Age, Ajay K. Mehrotra, Marcelo Halpern

Articles by Maurer Faculty

In today's dynamic, digital economy, there is a global clash between geographically bounded intellectual property rights and the limitless reach of the Internet. Traditionally, discrepancies in international intellectual property rights, such as trademark disputes, have been resolved through time-consuming, multilateral state-to-state treaty negotiations that have global harmonization as the primary goal.

With the explosion of e-commerce and the birth of a New Economy, however, such a traditional process is no longer economically viable. Instead, a new approach towards international intellectual property is fast emerging - one that rests not on treaties between multiple states, but on the private contracting of …

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 …

"The Best Thing For The Country", Herbert J. Miller Jr.

UC Law Journal

No abstract provided.

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 …

Alcohol As A Negative Predictor Of Social Support Subsequent To Sexual Assault, Tawnya L. Stoffel

Undergraduate Theses and Senior Projects

No abstract provided.

The Overlooked Concern With The Uniform Computer Information Transactions Act, Katy Hull

UC Law Journal

This Note examines the concerns surrounding the Uniform Computer Information Transactions Act ("UCITA"), a uniform commercial code for software licenses and other computer information transactions proposed by the National Conference of Commissioners on Uniform State Laws. Since case law addressing software licensing is currently inconsistent, some scholars believe that this uniform, nation-wide set of laws would provide for greater stability and predictability. Still, some critics of the UCITA worry that it fails to address consumer protection concerns. Few criticisms, however, have focussed on the UCITA's potential impact on the software licensing industry. Due to the growing importance of that industry …

Managerial Litigants? The Overlooked Problem Of Party Autonomy In Dispute Resolution, Sarah Rudolph Cole

UC Law Journal

In recent years we have witnessed a dramatic upsurge in litigant use of alternative dispute resolution (ADR) mechanisms, both inside and outside the traditional litigation system. This explosive growth in ADR utilization presents courts with a fundamental problem. The cornerstone of ADR processes, and in particular, ADR process design, is party consent. In general, parties are free (on a shared consent basis) to shape the ADR processes they employ to suit their perceived needs. When disputants request that courts use dispute resolution tools, courts have, for the most part, adopted this precept, willingly accepting efforts by "managerial litigants" to shape …

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 …

Indeterminate Claims: New Challenges To Self-Determination Doctrine In Yugoslavia, Timothy W. Waters

Articles by Maurer Faculty

Serbia has two autonomous provinces, with nearly identical constitutional and political claims: heavily Albanian Kosovo and ethnically diverse but Serb-majority Vojvodina. One is headed towards some form of internationally recognized independence; the other almost certainly is not, even though calls for its autonomy have been mounting. What makes the difference?

This article examines what the reasons for these different outcomes show about the changing content of self-determination in an environment of persistent ethnic claims. The defining characteristic of self-determination today is its indeterminacy, which allows policymakers to pursue a broader range of policies than was possible in the era of …

Reconciling The Juridical Links Doctrine With The Federal Rules Of Civil Procedure And Article Iii, William D. Henderson

Articles by Maurer Faculty

Over the past three decades, the juridical link and concerted action exceptions have evolved from dicta in the Ninth Circuit's decision in La Mar to an amorphous and undertheorized body of case law that has dangerously merged procedural and jurisdictional issues. Drawing on the principles of class action jurisprudence set forth by the Supreme Court in Amchem and Ortiz, lower courts should consider the issues of class certification and Rule 20(a) joinder before turning to the issue of standing under Article III. Under this approach, courts would not be able to reconcile much of the juridical links case law with …

Globalization And The U.S. Market In Legal Services: Shifting Identities, Carole Silver

Articles by Maurer Faculty

The article examines the international activities of various segments of the U.S. legal profession and analyzes the impact of these activities on the domestic market in legal services. It takes an empirical approach to the question of how international activities have shaped the profession by chronicling the foreign office activity of more than 70 of the largest U.S. firms. The data presented facilitates new insight into the ways in which U.S. lawyers participate in the international market in legal services. The article reveals that internationalization has resulted in the homogenization of the largest U.S. firms, as they increasingly compete for …

Personal Law And Human Rights In India And Israel, Jayanth K. Krishnan, Marc Galanter

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.

Delgamuukw And The Protection Of Aboriginal Land Interests, Gordon Christie

All Faculty Publications

To determine the extent to which Aboriginal title-holders enjoy control over Aboriginal title lands, it is necessary to explore fiduciary doctrine, for the application of this doctrine to the question of legislative infringement determines the limits within which Aboriginal title-holders can expect to see their interests respected. In Delgamuukw the Supreme Court of Canada adopted and applied an understanding of the Crown-Aboriginal fiduciary relationship it developed in Gladstone. In so doing the Supreme Court set out the power of Canadian governments to control the uses to which Aboriginal title lands can be put. Ironically, since Aboriginal title is characterized by …

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 …

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 Comparison Of Wealth In Public School Corporations In Relation To Specialeducation Costs, Jeffrey Scott Baer

All-Inclusive List of Electronic Theses and Dissertations

The study's purpose was to test if there is a significant difference in the amount of general fund monies used to support specialEducation programs among Indiana school corporations identified by wealth. The independent variables were defined as: (1) the percent of households with children living in poverty, (2) assessed valuation per pupil, and, (3) general fund per pupil appropriations. The dependent variable was defined as the amount of general fund monies used to support specialEducation programs. This study was completed in Indiana including all Indiana public school corporations. The sample of school corporations was selected from the three defined variables …

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 …

History And The Eleventh Amendment, John V. Orth

Faculty Publications

No abstract provided.

Law, Ethics, And Religion In The Public Square: Principles Of Restraint And Withdrawal, Samuel J. Levine

Scholarly Works

In recent years, scholars have begun to recognize and discuss the profound questions that arise in attempting to determine the place of religion in the law and the legal profession. This discussion has emerged on at least two separate yet related levels. On one level, scholars have debated the place of religion in various segments of the public sphere, including law and politics. On a second level, lawyers have expressed the aim to place their professional values and obligations in the context of their overriding religious obligations. This article explores, from both an ethical and jurisprudential perspective, the question of …