Digital Commons Network^™

Indirect Causation: A Reminder From The Biblical Goring Ox Rule For Fraud On The Market Securities Litigation, Andrew R. Simmonds

Kentucky Law Journal

No abstract provided.

Guest Editor's Introduction To The Symposium: War And The United States Military, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

Millennia come and millennia go, and the fact of war remains unchanged. People still fight for territory, the land of their fathers, Lebensraum, control of the seas, gold, silver and diamonds, oil, water, pillage and the spoils of war, resources of all kinds, the glorification of leaders, gods of many faiths, politics, ideology, conquest, the establishment, peace and stability of empires, the right to be left alone, and sometimes, so we are told, justice, resistance to aggression, and the preservation of peace. Measured in millennial time, very little about war has changed, and, further, nothing distinguished the passage from 1999 …

Standing In The Shadows Of Giants: The Role Of Intergenerational Equity In Telecommunications Reform, Jim Chen

University of Colorado Law Review

No abstract provided.

Review Of The View From "On The Road": The Rhetorical Vision Of Jack Kerouac, Steven R. Goldzwig

College of Communication Faculty Research and Publications

No abstract provided.

Prosecuting The "Fog Of War?, Christopher D. Booth

Vanderbilt Journal of Transnational Law

In the Fall of 1999, the Associated Press reported a story of an alleged massacre of Korean civilians, conducted by U.S. troops at the beginning of the Korean War in the hamlet of No Gun Ri. The story had an incendiary effect, both in the United States and abroad. The story of an incident from half-a-century ago caused many to reexamine the conduct of American forces in that war, the current security arrangements in East Asia, the U.S.-R.O.K. relationship, and the wisdom and ability of modem Americans to investigate, evaluate, and judge historical events from our current historical and cultural …

The Reach Of Icc Jurisdiction Over Non-Signatory Nationals, Jordan J. Paust

Vanderbilt Journal of Transnational Law

A new International Criminal Court (ICC) was created on July 17, 1998 under the Rome Statute adopted by the United Nations Diplomatic Conference on Plenipotentiaries on the Establishment of an International Criminal Court. Under the Statute, the ICC will have jurisdiction over crimes of genocide, certain crimes against humanity, and certain war crimes, leaving the crime of aggression for further definition.

Nonetheless, there are certain preconditions to the exercise of such jurisdictional competence, as noted especially in Articles 12-14 of the Statute. In general, the Court can exercise jurisdiction if a "situation" or case (1) is referred to the Prosecutor …

Information Warfare And Neutrality, George K. Walker

Vanderbilt Journal of Transnational Law

This Article examines Information Warfare--that is, actions taken to affect adversary information and information systems conducted during a crisis or conflict to achieve or promote specific objectives against the adversary. The Article begins with an explanation of the development and structure of the Internet. It then cites examples of the use of information strategies in recent conflicts.

Next, the Article turns to a discussion of the principles of neutrality in the U.N. Charter era. Specifically, the Article examines neutrality in the context of land warfare, naval warfare, aerial warfare, and outer space. Next, the Author discusses application of principles from …

Doppler Estimation Using A Coherent Ultrawide-Band Random Noise Radar, Ram M. Narayanan, Muhammad Dawood

Department of Electrical and Computer Engineering: Faculty Publications

The University of Nebraska has developed an ultrawide- band (UWB) coherent random noise radar operating over the 1–2 GHz frequency range. The system achieves phase coherence by using heterodyne correlation of the received signal with a time-delayed frequency-shifted replica of the transmit waveform. Knowledge of the phase of the received signal and its time dependence due to target motion permits the extraction of the mean Doppler frequency from which the target speed can be inferred. Theoretical analysis, simulation studies, and laboratory measurements using a microwave delay line showed that it was possible to estimate the Doppler frequency from targets with …

Production And Purification Of The Heavy Chain Fragment C Of Botulinum Neurotoxin, Serotype A, Expressed In The Methylotrophic Yeast Pichia Pastoris, Karen J. Potter, Wenhui Zhang, Leonard A. Smith, Michael M. Meagher

Michael Meagher Publications

A recombinant Hc fragment of botulinum neurotoxin, serotype A (rBoNTA(Hc)), has been successfully expressed in a Mutt strain of the methylotrophic yeast Pichia pastoris for use as an antigen in a proposed human vaccine. Fermentation employed glycerol batch, glycerol-fed batch, and methanol-fed batch phases to achieve high cell density. Induction times were short to maximize rBoNTA(H_c) production while minimizing proteolytic degradation. Concentration of rBoNTA(H_c) in yeast cell lysates was generally 1-2% of the total protein based on ELISA analysis. The H_c fragment was purified from cell lysates using a multistep ion-exchange (IEC) chromatographic process, including …

Recognition Of Treponematoses In Post Repatriation X Ray And Cd Rom Nebraska Record, Karl J. Reinhard, Bruce Rothschild, Christine Rothschild, Larry Martin

Karl Reinhard Publications

Repatriation has compromised the opportunity to directly examine skeletons and to apply new diagnostic criteria and techniques. Pre-repatriation approaches to non-metric data acquisition, must make a number of assumptions: ( I ) Phenomena must be correctly identitied and segregated; (2) Criteria for severity must be specific to the phenomena studied; and (3) As criteria for disease rewgnition may change with time, it is valuable only as long as the raw data is also recorded. As part of data preservation, x-rays and CD-ROM images were recorded for skeletons trom Nebraska sites undergoing repatriation. This report concentrates on four of them 250K …

Remembering Societal Trauma : Catastrophic Events Of The Twentieth Century In The Soviet Union And The Shaping Of Cultural Memory In Soviet Children's Political Literature, Sean Ozzie Simpkins

Theses, Dissertations and Capstones

Since the collapse of communism in Eastern Europe, there have been several waves of interest in establishing more contemporary relations with Russia, punctuated by failure and frustration. Many who would deal with the Russians have little factual information concerning Russian history, and are guided largely by some combination of good will, self interest, and outmoded structural assumptions concerning Russia and the Russian experience (Wedel 1998). This ignorance, in turn, contributes to negative perceptual and behavioral responses on the part of the Russians to these overtures, and any that may follow. The result can lead to a misreading of intent and …

Witnessing Christ In Their Bodies: Martyrs And Ascetics As Doxological Disciples, M. Therese Lysaught

Theology Faculty Research and Publications

No abstract provided.

Misreading Oliver Wendell Holmes On Efficient Breach And Tortious Interference, Joseph M. Perillo

Fordham Law Review

No abstract provided.

War And Diplomacy In The Age Of Louis Xiv: A Historical Study And Annotated Bibliography Volume Ii, William Anthony Young

Theses and Dissertations

In the last forty-five years historians have produced numerous books and articles on European diplomatic relations and military affairs during the era of Louis XIV. However, there exists no up-to-date annotated bibliography listing and describing these works or older, but valuable studies. The latest annotated bibliography to appear regarding early modern history is Hugh Dunthorne and Hamish M. Scott, Early Modern European History c. 1492–1789 (London: Historical Association, 1983) which devotes less than six pages to international relations and warfare. John Roach's A Bibliography of Modern History (Cambridge: Cambridge University Press, 1968) also contains little on war and diplomacy and …

From Hiroshima To Three-Mile-Island: Three Decades Of Nuclear Power Opposition Rhetoric In The United States, Theodore Erik Olds

UNLV Retrospective Theses & Dissertations

Rhetoric associated with the development of nuclear power in the United States was analyzed over 3-decades in order to better understand the beginnings and constituents of the rhetoric associated with anti-nuclear power perspectives. An amalgamation of existing historical/rhetorical methods utilized by Gamson and Modigliani (1989) and Darsey (1991) were employed. Progressive interpretive anti-nuclear rhetorical packages were identified for corresponding historical periods within the 34-year period. Historical periods were segmented by catalytic events, or incidents important to nuclear power development which also presented opportunities for anti-nuclear power rhetoric. The analysis reveals four individual rhetorical packages: (1) Pandora's Box; (2) Mirage; (3) …

An Augustinian Analysis Of The Comprehensive Test Ban Treaty, Jon Mcclendon White

UNLV Retrospective Theses & Dissertations

Applying the Christian principles of depraved human nature, expectation of detrimental behavior from irrational actors, and rational attempts to limit the destructiveness of war, Augustine would conclude that the declared nuclear weapons states have a moral obligation to prevent proliferation of nuclear weapons. Laws suitable to the needs of the times are the appropriate method for accomplishing this. The pending Comprehensive Test Ban Treaty (CTBT) is one such law. Because the CTBT bans all nuclear explosions and establishes an intrusive inspection scheme, it will have an impact on the U. S. Department of Energy (DoE). DoE should respond by participating …

Tata Atanasio Trujillo's Unlikely Tale Of Utes, Nuevomexicanos, And The Settling Of Colorado's San Luis Valley, Thomas G. Andrews

New Mexico Historical Review

No abstract provided.

Book Reviews

New Mexico Historical Review

No abstract provided.

Hard Choices: Thoughts For New Lawyers, David C. Vladeck

Georgetown Law Faculty Publications and Other Works

Rarely do law schools challenge students to examine their assumptions about what being a lawyer really means. Seldom do law schools undertake a probing examination of the role that lawyers play in society and the choices that lawyers have to make in terms of how they spend their working lives. For example, how many of you have a clue about the basic facts of our profession? How many lawyers there are in the United States? What do they do? What percentage work for the government? For large law firms? For small firms? For legal services organizations? For public interest groups? …

Rights Of Passage: A Cross -Cultural Study Of Maroon Novels By Black Women., Randi Gray Kristensen

LSU Historical Dissertations and Theses

This study investigates the use and implications of the trope of marronage, the African-American practice of self-emancipation to forge alternative New World communities, in selected novels by Black women writers of North America and the Anglophone and Francophone Caribbean. It draws on theories of liminality to posit a theory of liberatory practice that deconstructs hegemonic narratives, both personal and historical. Postmodern approaches are deferred in favor of locating these texts and their concerns as deriving from the epistemological consequences of modernity. Cross-cultural Black women's texts were chosen to illuminate the recognition of shared subjugations across national and linguistic borders, as …

Reformers In The Marketplace Of Ideas: Student Activism And American Democracy In Cold War Los Angeles., Kurt Edward Kemper

LSU Historical Dissertations and Theses

Contemporary opinion and much scholarship frequently interprets student activists from the 1960s and 1970s as radical critics of both American society and foreign policy, seeking revolutionary changes in both and caring little of the consequences to the existing order. In fact, conservative forces and values based on democratic capitalism drove student activism of the period. Students' core values of equality of opportunity, equality of and before the law, and faith in the democratic process motivated their activism not just towards civil rights and the war in Vietnam, but also towards issues of student funding and institutions, indicating that self-interest served …

Crystal Structures Of Various Organic Materials And A Statistical Analysis Of Single Crystal X -Ray Diffraction Data From Potassium -Doped Barium Plumbate., Jerome Gerard May

LSU Historical Dissertations and Theses

A general explanation of the collection and reduction of crystallographic data is presented. This is followed by a brief explanation of routine crystal structure solution and refinement. The results of five routine organic structure solutions are included. A discussion of the perovskite structure aristotype is followed by an elaboration of four common distortions to the aristotype that result in perovskite hettotypes. A crystal structure for barium bismuthate is analyzed to explain its occurrence as a perovskite aristotype. A literature review of powder and neutron diffraction structures reported for barium plumbate included a wide variety of perovskite hettotypes and one aristotype. …

Tomographic Inversion For Sediment Parameters In Shallow Water, Gopu R. Potty, James H. Miller, James F. Lynch, Kevin B. Smith

Ocean Engineering Faculty Publications

This article discusses inversions for bottom geoacoustic properties using broadband acoustic signals obtained from explosive sources. The experimental data used for the inversions are SUS charge explosions acquired on a vertical hydrophone array during the Shelf Break Primer Experiment conducted south of New England in the Middle Atlantic Bight in August 1996. The SUS signals were analyzed for their time-frequency behavior using wavelets. The group speed dispersion curves were obtained from the wavelet scalogram of the SUS signals. A genetic algorithm (GA) was used for the inversion of sound speeds in the water column and compressional wave speeds in the …

A Constitutional Conundrum: The Resilience Of Tribal Sovereignty During American Nationalism And Expansion: 1810-1871, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

Judge Michael Hawkins addresses a number of important issues in his essay on John Quincy Adams' evolving understanding and relationship with slavery and the variegated role that law played in the politics of slavery and the slavery of politics. The essay demonstrates the importance of human personality in influencing and being influenced by political and legal processes. At its heart, the Article is a legal and historical study of the moral dimension and inherent contradictions facing Adams, in particular, and the American Republic, in general, regarding the existence and persistence of the institution of slavery in a nation built upon …

Implied Limits On The Legislative Power: The Intellectual Property Clause As An Absolute Constraint On Congress, Suzanna Sherry, Paul J. Heald

Vanderbilt Law School Faculty Publications

Professors Heald and Sherry argue that the language of Article I, Section 8, Clause 8, the Intellectual Property Clause, absolutely constrains Congress's legislative power under certain circumstances. Their analysis begins by looking at other limits on the legislative power that the Court has found in the Bankruptcy Clause, the Eleventh Amendment, the Tenth Amendment, and Article III. Then by examining the history and structure of the Intellectual Property Clause and relevant precedent, they distill four principles of constitutional weight- the Suspect Grant Principle, the Quid Pro Quo Principle, the Authorship Principle, and the Public Domain Principle. These principles inform the …

I Ain't Gonna Work On Maggie's Farm No More: Institutional Segregation, Community Treatment, The Ada, And The Promise Of Olmstead V. L.C., Michael L. Perlin

Articles & Chapters

Olmstead v. L.C., 119 S. Ct. 2176 (1999), qualifiedly affirming a decision that the Americans with Disabilities Act entitled plaintiffs - residents of Georgia State Hospital - to treatment in an "integrated community setting" as opposed to an "unnecessarily segregated" state hospital, potentially has the capacity to transform and revolutionize institutional mental disability law. Whether that potential is realized depends on multiple factors, especially the extent to which courts, legislatures and the public are willing to confront the extent to which sanism (an irrational prejudice of the same quality and character of other irrational prejudices that cause and are reflected …

Secrets For Sale: How Commercial Satellite Imagery Will Change The World, Yahya Dehqanzada, Ann Florini

Research Collection School of Social Sciences

Secrets for Sale presents the first in-depth analysis of the emerging commercial remote sensing industry. This timely publication examines the benefits and dilemmas created by the new industry, and provides badly needed policy recommendations on how and why to handle the new transparency right.

The Appointment Of General Yaron: Continuing Impunity For The Sabra And Shatilla Massacres, Linda A. Malone

Faculty Publications

No abstract provided.

The Dark Side Of Efficiency: Johnson V. M'Intosh And The Expropriation Of Amerindian Lands, Eric Kades

Faculty Publications

No abstract provided.

Gothic Drama As Nationalistic Catharsis, Diane Hoeveler

English Faculty Research and Publications

No abstract provided.