Digital Commons Network^™

On The Use Of Practitioner Surveys In Commercial Law Research: Comments On Daniel Keating's Exploring The Battle Of The Forms In Action, Avery W. Katz

Faculty Scholarship

As Daniel Keating's principal article attests, the literature on U.C.C. section 2-207 and the "battle of the forms" is both vast and intricate. That fact, together with the distinguished array of commentators assembled here, makes it unlikely that I will be able to say anything substantially original on that subject. Accordingly, in the spirit of this overall symposium, I will focus the bulk of my remarks not on the substantive issues raised by Keating's article, but on his methodology. In particular, I will suggest that Keating's empirical method – the free-form, oral interview conducted personally by the principal researcher – …

In Search Of Best Efforts: Reinterpreting Bloor V. Falstaff, Victor P. Goldberg

Faculty Scholarship

When contracting parties cannot quite define their obligations, they often resort to placeholder language, like "best efforts." They (and their counsel) likely have little idea of what they might mean, but, so long as they avoid litigation, it will not matter much. But "best efforts" clauses are on occasion litigated, and courts must read content into them. In Bloor v. Falstaff, a casebook favorite, the court held that Falstaff s lackluster promotional efforts for Ballantine beer violated its best efforts covenant. So far as I can tell, no commentators have questioned this outcome. Indeed, some commentators have found Falstaff …

Wireless Local Area Network For Its Communications Using The 220 Mhz Its Spectral Allocation, J. V. Krogmeier, Ness Shroff

JTRP Technical Reports

The objective of this project was to design a radio architecture using the ITS spectral allocations in the 220-222 MHz Land Mobile band which provides a multi-mode operation optimized for point-to-point, mobile, and multiple access communications. A radio performance goal was to achieve greater than 3 bits/second/Hz transmission efficiency for mobile applications, and greater than a 5 bits/second/Hz transmission efficiency for point-to-point applications. An additional important goal of this project was to explore potential ITS applications of the modem technology particularly as applied to an application in sensor telemetry concentration. The fixed point modem will be deployed for remote surveillance …

Herbert Wechsler And The Criminal Law: A Brief Tribute, Harold Edgar

Faculty Scholarship

The great English architect Christopher Wren is buried in his most famous church, St. Paul's London. The inscription on his memorial stone concludes with the words: Lector, si monumentum requiris, circumspice. Reader, if you seek his monument, look around you.

That instruction serves well those who would appraise and honor Herbert Wechsler's contributions to American criminal law. When he joined the Columbia Law School faculty in 1933, this school did not teach criminal law and much of the profession thought the topic was not worth studying.' What fabulous good fortune it was that Herb thought otherwise. Throughout a long and …

Transparent Adjudication And Social Science Research In Constitutional Criminal Procedure, Tracey L. Meares, Bernard Harcourt

Faculty Scholarship

The October 1999 Term was a year of consolidation in the law of police investigations in constitutional criminal procedure. In four short and compact opinions – three supported by sizeable majorities and three written by the Chief Justice – the Supreme Court synthesized and consolidated its criminal procedure jurisprudence, and offered clear guidance to law enforcement officers and private citizens alike. Miranda warnings are required by the Fifth Amendment, and the police must continue to "Mirandize" citizens before conducting any custodial interrogations. Reasonable suspicion under the Fourth Amendment calls for a totality-of-the-circumstances test, and a citizen's flight from the police …

The Legal Construction Of Adolescence, Elizabeth S. Scott

Faculty Scholarship

American lawmakers have had relatively clear images of childhood and adulthood-images that fit with our conventional notions. Children are innocent beings, who are dependent, vulnerable, and incapable of making competent decisions. Several aspects of the legal regulation of childhood are based on this account. Children are assumed not to be accountable for their choices or for their behavior, an assumption that is reflected in legal policy toward their criminal conduct. They are also assumed to be unable to exercise the rights and privileges that adults enjoy, and thus are not permitted to vote, drive, or make their own medical decisions. …

Of Prosecutors And Special Prosecutors: An Organizational Perspective, H. Geoffrey Moulton Jr., Daniel Richman

Faculty Scholarship

The Independent Counsel (IC) statute, designed to restore public trust in the impartial administration of criminal justice after Watergate, ultimately fueled rather than quieted the perception that partisan politics drives the investigation of high-ranking government officials. Congress, in an inspiring display of bipartisanship, bid it a muted farewell. The statute's fate was sealed by the enormous controversy surrounding the investigation conducted by Independent Counsel Kenneth Starr.

Although Start did not bring criminal charges against President Clinton, his office went pretty far in that direction, committing considerable enforcement resources to that end, bringing criminal charges against people believed to have information …

Attachment Styles And Levels Of Enacted Social Support In Adults, Virginia B. Schenck

Theses

Virginia B. Schenck’s thesis explores how adult attachment styles relate to the actual use of social support—known as enacted social support. While much prior research focuses on perceived support (people’s beliefs about the availability of help), this study shifts focus to what people actually do when they need assistance. Schenck surveyed 110 adults using two self-report measures: the Social Support Behaviors Scale and the Attachment Styles Scale. Participants were categorized into secure, avoidant, and preoccupied attachment styles, though the preoccupied group was too small to analyze statistically. The findings showed that adults with avoidant attachment styles reported significantly lower levels …

Differences In Perceived Parental Nurturance Between At Risk High School Male Adolescents And Male Bright Flight College Freshman Students, Elizabeth A. Rudin

Theses

This study investigates differences in perceived parental nurturance between two distinct groups: at-risk high school male adolescents and academically successful male Bright Flight college freshmen. Using the Parental Nurturance Scale (PNS), the researcher measured each participant’s perception of parental care and support. The hypothesis proposed that at-risk adolescents would perceive significantly lower levels of nurturance compared to their college-bound counterparts. Participants included 15 at-risk students from a midwestern alternative high school and 15 Bright Flight freshmen attending a private university, each selected for their contrasting academic and behavioral profiles.

Findings confirmed the hypothesis: Bright Flight students reported notably higher levels …

The Development Of A Speed Monitoring Program For Indiana, Darren L. Jorgenson, Kumares C. Sinha

JTRP Technical Reports

From the passage of the National Maximum Speed Limit (NMSL) of 55 mph in 1974 through its repeal in 1995 speed monitoring programs have been mandated by the federal government. The speed-monitoring program was primarily intended to provide reliable data to be included as a part of the State’s annual certification in order to be approved for Federal Aid highway projects. The repeal of the NMSL in 1995 not only authorized states to set their own speed limits, it also allowed states to develop their own speed monitoring programs. The goal of this research is to provide the framework for …

Examination Of Post-Tensioned Steel Bridges In Indiana, Hung-I Wu, Mark D. Bowman

JTRP Technical Reports

The purpose of the research study is to conduct an investigation to understand the performance of a relatively new type of bridge construction that involves prestressed (post-tensioned) steel-concrete composite bridge members. Strictly speaking, the technical and economical advantages of this type of structure have been understood for several decades. However, the application of this concept to practice is still very limited due to difficulties associated with the post-tensioning anchorage. The study was thus intended to explore the mechanical behavior of such construction. Both the short-term and long-term bridge performance were evaluated in this study.

The investigation included experimental as well …

Utilizing Gis Technology To Improve Indot Pavement Friction Data Management And Distribution, Karen Zhu

JTRP Technical Reports

Pavement friction condition provides an important parameter in selecting highway rehabilitation and maintenance projects. The Research Division of Indiana Department of Transportation has been conducting annual pavement friction testing on the Indiana highway network. Due to the large amount of data accumulated, an efficient system is in demand for data management. In this project, we developed a computer program that constitutes an integrated system for friction data management and distribution. In the developed system, database technology was utilized for data storage and organization; networking technology was utilized for real-time data distribution; geographic information systems (GIS) technology as well as computer …

Is There A Relationship Between Perceived Spousal Support And Marital Satisfaction Of Female Graduate School Students?, Kelle M. Mccallum

Theses

Deciding to return to graduate school as an adult student creates another role for an individual to fulfill Studies have shown that women. especially. feel role strain or conflict more than men when returning to school Little research has been done on the role the woman's spouse plays in her attempts to complete her degree. This correlational study examined perceived spousal support and marital satisfaction among female graduate school students. Thirty-nine female students volunteered for this study. The volunteers completed the Dyadic Adjustment Scale and the Student Relationships Questionnaire The results suggest there is a significant relationship between perceived spousal …

The Role Of Letters Of Credit In Payment Transactions, Ronald J. Mann

Faculty Scholarship

Common justifications for the use of the letter of credit fail to explain its widespread use. The classic explanation claims that the letter of credit provides an effective assurance of payment from a financially responsible third party. In that story, the seller – a Taiwanese clothing manufacturer, for example – fears that the overseas buyer – Wal-Mart – will refuse to pay once the goods have been shipped. Cross-border transactions magnify the concern, because the difficulties of litigating in a distant forum will hinder the manufacturer's efforts to force the distant buyer to pay. The manufacturer-seller solves that problem by …

Street Stops And Broken Windows: Terry, Race And Disorder In New York City, Jeffery Fagan, Garth Davies

Faculty Scholarship

Patterns of "stop and frisk" activity by police across New York City neighborhoods reflect competing theories of aggressive policing. "Broken Windows" theory suggest that neighborhoods with greater concentration of physical and social disorder should evidence higher stop and frisk activity, especially for "quality of life" crimes. However, although disorder theory informs quality of life policing strategies, patterns of stop and frisk activity suggest that neighborhood characteristics such as racial composition, poverty levels, and extent of social disorganization are stronger predictors of race- and crime-specific stops. Accordingly, neighborhood "street stop" activity reflects competing assumptions and meanings of policing strategy. Furthermore, looking …

Drug Treatment Courts And Emergent Experimentalist Government, Michael C. Dorf, Charles F. Sabel

Faculty Scholarship

Despite the continuing "war on drugs," the last decade has witnessed the creation and nationwide spread of a remarkable set of institutions, drug treatment courts. In drug treatment court, a criminal defendant pleads guilty or otherwise accepts responsibility for a charged offense and accepts placement in a court-mandated program of drug treatment. The judge and court personnel closely monitor the defendant's performance in the program and the program's capacity to serve the mandated client. The federal government and national associations in turn monitor the local drug treatment courts and disseminate successful practices. The ensemble of institutions, monitoring, and pooling exemplifies …

The Overproduction Of Death, James S. Liebman

Faculty Scholarship

In this Article, Professor Liebman concludes that trial actors have strong incentives to – and do – overproduce death sentences, condemning to death men and women who, under state substantive law, do not deserve that penalty. Because trial-level procedural rights do not weaken these incentives or constrain the overproduction that results, it falls to post-trial procedural review – which is ill-suited to the task and fails to feed back needed information to the trial level – to identify the many substantive mistakes made at capital trials. This system is difficult to reform because it benefits both pro-death penalty trial actors …

The Political Parties And Campaign Finance Reform, Richard Briffault

Faculty Scholarship

Recent campaign finance innovations of the major political parties have blown large and widening holes in federal campaign finance regulation. The relationship between parties and candidates also challenges the basic doctrinal categories of campaign finance law. The Constitution permits regulation of campaign finances to deal with the danger of corruption. But some judges and commentators have argued that the parties present no danger of corruption. This Article finds that, although parties play a positive role in funding campaigns, certain party practices raise the specter of corruption in the constitutional sense. Moreover, due to the close connection between parties and candidates, …

The Case For Formalism In Relational Contract, Robert E. Scott

Faculty Scholarship

The distinguished scholars who gathered last year to honor Ian Macneil and to reflect on his contributions to the understanding of contract and contract law represent diverse methodologies, and they approach the vexing problems raised by relational contracts from different normative perspectives. But on one point, I daresay, they all agree: the central task in developing a plausible normative theory of contract law is to specify the appropriate role of the state in regulating incomplete contracts. Complete contracts (to the extent that they exist in the real world) are rarely, if ever, breached since by definition the payoffs for every …

Effect Of Fine Aggregate Angularity On Asphalt Mixture Performance, Chih-Jen Lee, Thomas D. White, Terry R. West

JTRP Technical Reports

Superpave aggregate qualification includes the fine aggregate angularity (FAA). Fine aggregate angularity levels used in the Superpave system are below 40, 40 to 45 and above 45. The higher values are specified for layers near the surface and for higher traffic levels. The objective of this study was to address the effect of fine aggregate angularity on asphalt mixture rutting performance. A total of 18 mixtures were designed according to the Superpave volumetric design criteria. A surface mixture utilizing a partially crushed 9.5mm coarse aggregate and a single PG 64-22 binder were utilized. The poor quality coarse aggregate was used …

Indiana Lane Merge System - Warrants For Use, Andrzej P. Tarko, Shyam Venugopal

JTRP Technical Reports

The entry to a work zone is critical for traffic smoothness and safety because of the discontinuation of one or more lanes. The Indiana Lane Merge System (ILMS) was designed to implement dynamic lane change control at work zone entries by encouraging drivers to switch lanes well upstream of the discontinuous lane taper, thereby reducing the number of aggressive lane changes at the taper. At the time of this research, the ILMS had not been implemented on a large scale at rural freeway work zones. The Indiana Department of Transportation (INDOT) wanted to do a complete safety and capacity evaluation …

Indot Training Needs Study, Ray E. Eberts, Jodi S. Goodman, Bob G. Mccullouch, Kumares C. Sinha

JTRP Technical Reports

During the strategic plan development process, the INDOT staff identified a list of possible training needs, which included suggestions for workshops, certification procedures, training sessions for interpersonal communication, computer skills, and video conferencing, as well as more specific topics such as hazardous areas and clean up of contaminated soil. This study’s objective is to assess current and future training needs at INDOT on a comprehensive basis, as well as analyze current and future trends in order to fulfill the INDOT strategic goals and objectives.

Monitoring Of Long-Term Performance Of Highway Bridge Columns Retrofitted By Advanced Composite Jackets In Indiana, Ming-Hung Teng, Elisa D. Sotelino, Wai-Fah Chen

JTRP Technical Reports

The service life of highway bridges is limited by the deterioration of their substructure components. In the U.S., it is estimated that more than 240,000 (about 40%) of the highway bridges are functionally or structurally deficient. Repairing these deteriorated bridges using traditional methods is usually time-consuming and expensive. Furthermore, these methods are such that they can cause a number of problems, such as being a threat to public safety and severe traffic disruption. Thus, it is important that new safer and more efficient methods be developed. Fiber Reinforced Plastics (FRP) have a great potential to provide such a solution. Due …

A Study Of The Relationship Of Self-Efficacy Of Adolescent Females In A Single-Sex School Versus A Coeducational School, Margaret Wolf

Theses

This study examined the self-efficacy of adolescent girls and its relation to the type of high school they attended, whether it was single-sex or coeducational. A convenient, volunteer sample was used from two high schools in the metropolitan area of St. Louis, Missouri. The 234 adolescents surveyed, ranged from 15 to 18 years of age. The participants were administered the Self-efficacy Scale (SES) after parental permission was received. The two schools conducted the surveys during religion classes. An independent t-test showed that there was a significant difference in the self-efficacy of adolescent females who attend single-sex schools and those who …

Development Of Closed Loop System Evaluation Equipment And Procedures, Eric J. Nelson, Montasir Abbas, Gary E. Shoup, Darcy M. Bullock

JTRP Technical Reports

Modern traffic control systems are complex entities whose performance should be thoroughly quantified prior to deployment. However, many of the advanced features available with this control equipment, such as preemption and real-time control strategies, are typically proprietary in nature, and therefore not incorporated into standard simulation models. Since it is not desirable for the engineer to learn in a field environment, under live traffic conditions, this research presents a rational procedure for evaluating and validating such control strategies in a laboratory setting. This document explores three aspects of traffic signal systems, which include the advanced control settings for single controller …

Evaluation Of Scour And Stream Stability By Using Caesar, Huey-Long Chen, A. Ramachandra Rao, Dennis A. Lyn, A. G. Altschaeffl

JTRP Technical Reports

The performance of an expert system (CAESAR for Catalog and Expert Evaluation of Scour Risk and River Stability) for an initial evaluation of scour and stream stability was assessed. Three alternative scour indices are used to compare with the evaluation results of CAESAR. These scour indices include the Observed Streambed Scour index, the INDOT Potential Streambed Scour Index, and the Simon Potential Streambed Scour Index. Ten bridges in Indiana are selected for evaluation in this study. The scour indices and the field inspection information required by CAESAR are retrieved from the USGS data base. In general, the results show that …

Optical Imaging Method For Bridge Painting Maintenance And Inspection, Luh M. Chang, Yasser Abdelrazig, Po-Han Chen

JTRP Technical Reports

The term "quality" is defined as the conformance to predetermined requirements or specifications. These requirements may be set in terms of the end result required or as a detailed description of how work should be executed. Recently, there has been increasing interest in quality assurance in the construction industry. Quality assurance includes design and planning, sampling, inspection, testing, and assessment to ensure that end products perform according to specifications. This research proposes a new quality assessment model for highway steel bridges and more specifically for coating rust assessment. The research proposes a hybrid model using image processing and neural networks …

Optimal Design Of Freeway Incident Response Systems, Raktim Pal, Kumares C. Sinha

JTRP Technical Reports

Several states have introduced service patrol programs to curb the growing adverse impacts of freeway incidents. An efficient patrol program configuration design is needed to ensure appropriate resource allocation. This research seeks to devise a scheme for determining optimally such system characteristics as hours of operation, fleet and crew sizes, dispatching policies, areas of operation, and routing patterns, so that the efficacy of the program is maximized. The interaction of randomly occurring incidents with time-varying traffic adds to the complexity of the problem. The problem is solved using dynamic simulation approaches combined with optimization techniques to incorporate the non-linear impact …

Performance Of Bridge Decks And Girders With Lightweight Aggregate Concrete, J. A. Ramirez, J. Olek, Eric Joseph Rolle, Brian J. Manlone

JTRP Technical Reports

Structural lightweight concrete is a very versatile material and Haydite and Minergy lightweight aggregates can be utilized in the mixture development of concrete for use in girders and decks in bridges. More widespread use of lightweight aggregates (LWA) would result in savings in construction cost due to considerable dead load reduction. The materials phase of this research study evaluated the fresh concrete properties (slump, unit weight, and air content), the mechanical properties of hardened concrete (compressive strength, tensile strength, flexural strength, static and dynamic modulus of elasticity, Poisson’s Ratio, and temperature development), and durability related parameters (air void distribution, freeze-thaw …

Providing Real-Time Traffic Advisory And Route Guidance To Manage Borman Incidents On-Line Using The Hoosier Helper Program, Srinivas Peeta, Jorge L. Ramos, Shyam Gedela

JTRP Technical Reports

This study addresses the issue of whether the message content of variable message signs (VMS) can be used as a control variable to favorably influence traffic conditions in real-time. The focus is on the level of detail of information displayed on the VMS, and not human factor issues. It implies an understanding of driver sensitivity to information content. Also, for real-time implementation, the displayed information should be consistent, timely, and reliable. A framework is developed for optimizing system performance under incidents using the VMS message content as the primary control parameter. It consists of: (i) an efficient control strategy to …