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2001

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Neglected Stories And Civic Space, Peggy C. Davis Jan 2001

Neglected Stories And Civic Space, Peggy C. Davis

Faculty Articles

Professor Davis argues that millions of hours of struggle by people in the overlapping categories labeled African American, woman, and abolitionist warrant recognition as contributions to our Constitutional tradition. and explains why this recognition would enrich the United States’ civic and constitutional culture.

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Saturns For Rickshaws: The Stakes In The Debate Over Predispute Employment Arbitration Agreements, Samuel Estreicher Jan 2001

Saturns For Rickshaws: The Stakes In The Debate Over Predispute Employment Arbitration Agreements, Samuel Estreicher

Faculty Articles

The casual observer might be forgiven for thinking that the debate over predispute employment arbitration agreements ended in 1991, when the Supreme Court held in Gilmer v. Interstate/Johnson Lane Corp. that the Federal Arbitration Act of 1925 (FAA) requires enforcement of such agreements, even when they are obtained as a condition of employment, and would preclude employees or former employees from suing in court on their federal (or state) statutory discrimination claims. The plaintiffbar, however, proceeded to launch a decade-long effort to undo Gilmer, meeting with little success everywhere but the Ninth Circuit. One of the premises of their challenge …

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Employment And Labor Law Reform In New Zealand, Richard A. Epstein Jan 2001

Employment And Labor Law Reform In New Zealand, Richard A. Epstein

Faculty Articles

My task on this occasion is to talk about law reform in New Zealand, which invites you, the audience, to ask what a nice boy from Brooklyn knows about this subject. But in fact there is a close synergy between my previous work and the topic at hand. During the 1980s I wrote two controversial articles (and one rejoinder) on labor and employment law. Partly in consequence of my free-market message, in 1990, 1995, and 1999, I traveled to New Zealand at the behest of the New Zealand Business Round Table to speak about these subjects among others. I was …

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Intellectual Property: Old Boundaries And New Frontiers, Richard A. Epstein Jan 2001

Intellectual Property: Old Boundaries And New Frontiers, Richard A. Epstein

Faculty Articles

It is a great honor for me to speak here this afternoon. The Harris Lecture Series is indeed one of the single most distinguished series of faculty lectures found in law schools throughout the country today, and I am proud to join the distinguished list of lecturers that have graced this podium in years past. The topic of this lecture is shrouded in ambiguity, for it travels under the name Intellectual Property: Old Boundaries and New Frontiers, which allows me more or less complete freedom to speak about the general field of intellectual property without violating the jurisdictional constraints imposed …

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Super-Statutes, William N. Eskridge Jr., John A. Ferejohn Jan 2001

Super-Statutes, William N. Eskridge Jr., John A. Ferejohn

Faculty Articles

Not all statutes are created equal. Appropriations laws perform important public functions, but they are usually short-sighted and have little effect on the law beyond the years for which they apportion public monies. Most substantive statutes adopted by Congress and state legislatures reveal little more ambition: they cover narrow subject areas or represent legislative compromises that are short-term fixes to bigger problems and cannot easily be defended as the best policy result that can be achieved. Some statutes reveal ambition but do not penetrate deeply into American norms or institutional practice. Even fewer statutes successfully penetrate public normative and institutional …

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Scientific Uncertainty And Causation In Tort Law, Mark A. Geistfeld Jan 2001

Scientific Uncertainty And Causation In Tort Law, Mark A. Geistfeld

Faculty Articles

Cases involving scientific uncertainty should be resolved on the basis of the appropriate tort norm for allocating the burden of factual uncertainty. This norm does not require epidemiological proof in the products liability context, because such proof is primarily relevant for damages rather than causation. For damage issues, the tort norm allocates the burden of factual uncertainty to the defendant. In other contexts, epidemiological evidence is primarily relevant for causation, and the requirement of epidemiological proof is consistent with a tort norm of equality. The requirement, however, is limited by various contextual considerations, including the current state of science, and …

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Promoting Issuer Choice In Securities Regulation, Stephen J. Choi Jan 2001

Promoting Issuer Choice In Securities Regulation, Stephen J. Choi

Faculty Articles

Part I discusses the regulatory competition debate in the context of securities regulation. Part II describes the article's plan to partition the market, based on the ability of investors to price regulatory protections. Part III discusses the benefits of investor regulation for the portable reciprocity proposal. Significantly, portable reciprocity must be measured, not against the alternative of a perfect world securities regulator, but instead against the prospect of multiple country regulators, each individually deciding how to regulate securities transactions that affect their interests. Not only may individual regulators fail to coordinate over transactions that affect multiple countries, but such regulators …

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Discrimination With A Difference: Can Employment Discrimination Law Accomodate The Americans With Disabilities Act?, Samuel Issacharoff, Justin Nelson Jan 2001

Discrimination With A Difference: Can Employment Discrimination Law Accomodate The Americans With Disabilities Act?, Samuel Issacharoff, Justin Nelson

Faculty Articles

This Article explains that all employment discrimination laws not only condemn the subjugation of defined groups, they also impose significant redistributive costs. The Article uses the Americans with Disabilities Act as an example to examine how much redistribution is proper under the rubric of nondiscrimination. The most recent ADA cases, most notably Sutton v. United Air Lines, reveal more starkly than prior employment discrimination case law the tension between the nondiscrimination command and the redistributive side of employment opportunity law. The doctrinal difficulties faced by courts interpreting the ADA stem directly from the inability of the anti-discrimination model to control …

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Democracy And Disorder, Richard H. Pildes Jan 2001

Democracy And Disorder, Richard H. Pildes

Faculty Articles

Bush v Gore is the most dramatic moment in a constitutionalization of the democratic process that has been afoot for nearly forty years, ever since Baker v Carr dramatically lowered the "political question" barrier to judicial oversight of politics. More recently, that constitutionalization has increased in pace, as issues like the status of political parties, the regulation of campaign finance, the role of race and partisanship in drawing election districts-and now, the counting of individual ballots-have been transformed into grist for the constitutional mill. As part of my own effort to explore this emerging constitutional law of democratic politics as …

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A Woman Decides: Justice O'Connor And Due Process Rights Of Choice, Peggy C. Davis, Carol Gilligan Jan 2001

A Woman Decides: Justice O'Connor And Due Process Rights Of Choice, Peggy C. Davis, Carol Gilligan

Faculty Articles

A Woman Decides addresses the need for intellectual versatility among judges and lawyers. The underlying premise of the essay is that excellence in judicial practice requires integration of rule-based and contextual reasoning. Professor Gilligan's work is relied on both to explain the importance of intellectual versatility and to explain why cultures of professional practice fail to encourage it. Professor Davis's work is relied on to explain the importance of an intellectually versatile approach, and the dangers of an intellectually narrow approach, to decisionmaking that relates to three important aspects of substantive due process: the liberty interests in controlling the manner …

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Introducing Robert Smalls, Peggy C. Davis Jan 2001

Introducing Robert Smalls, Peggy C. Davis

Faculty Articles

Professor Davis uses events in the life of a Nineteenth Century African American Congressman and former slave to frame a critique of the Supreme Court’s narrow interpretation of the Fourteenth Amendment in United States v. Morrison.

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From The Bottom Up: Taxing The Income Of Foreign Controlled Corporations, H. David Rosenbloom Jan 2001

From The Bottom Up: Taxing The Income Of Foreign Controlled Corporations, H. David Rosenbloom

Faculty Articles

From time to time I have occasion to offer advice in regard to other countries' income tax systems, and therefore to think about income taxation in general, but very practical, terms. For the most part these assignments concern developing countries with so-called emerging economies. I never have sufficient time to understand fully the context in which the tax system must operate in these countries, but I do my best to learn about the problems and issues that others more familiar with the territory have identified, and I attempt to tailor my comments to the circumstances as I come to understand …

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Comparisons Of Sphyrna Tiburo Populations From The Gulf Of Mexico : Latitudinal Variation And Density-Dependent Regulation, Linda A. Lombardi-Carlson Jan 2001

Comparisons Of Sphyrna Tiburo Populations From The Gulf Of Mexico : Latitudinal Variation And Density-Dependent Regulation, Linda A. Lombardi-Carlson

Electronic Theses and Dissertations

No abstract provided.

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Optimal Interrogation Periods For Rfid Systems Under Rrcp And Rrcpa, Sri Lakshmi Bhamidipati Jan 2001

Optimal Interrogation Periods For Rfid Systems Under Rrcp And Rrcpa, Sri Lakshmi Bhamidipati

Electronic Theses and Dissertations

No abstract provided.

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College Preparation For Pharmaceutical Sales Careers / By Blake Thompson, James Blake Thompson Jan 2001

College Preparation For Pharmaceutical Sales Careers / By Blake Thompson, James Blake Thompson

Electronic Theses and Dissertations

No abstract provided.

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X-Ray Observations Of The New Pulsar-Supernova Remnant System Psr J1119-6127 And Supernova Remnant G292.2-0.5, Michael J. Pivovaroff, Victoria M. Kaspi, Fernando Camilo, Bryan M. Gaensler, Fronefield Crawford Jan 2001

X-Ray Observations Of The New Pulsar-Supernova Remnant System Psr J1119-6127 And Supernova Remnant G292.2-0.5, Michael J. Pivovaroff, Victoria M. Kaspi, Fernando Camilo, Bryan M. Gaensler, Fronefield Crawford

Physics Faculty Scholarship

PSR J1119-6127 is a recently discovered 1600-yr-old radio pulsar that has a very high inferred surface dipolar magnetic field. We present a detailed analysis of a pointed ASCA observation and archival ROSAT data of PSR J1119-6127 and its surroundings. Both data sets reveal extended emission coincident with the newly discovered radio supernova remnant G292.2-0.5, which is reported in a companion paper by Crawford et al. A hard point source, offset ~15 from the position of the radio pulsar, is seen with the ASCA Gas Imaging Spectrometer (GIS). No pulsations are detected at the radio period with a pulsed fraction upper …

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A Radio Supernova Remnant Associated With The Young Pulsar J1119-6127, Fronefield Crawford Jan 2001

A Radio Supernova Remnant Associated With The Young Pulsar J1119-6127, Fronefield Crawford

Physics Faculty Scholarship

We report on Australia Telescope Compact Array observations in the direction of the young high magnetic-field pulsar J1119-6127. In the resulting images we identify a nonthermal radio shell of diameter 15', which we classify as a previously uncataloged young supernova remnant, G292.2-0.5. This supernova remnant is positionally coincident with PSR J1119-6127, and we conclude that the two objects are physically associated. No radio emission is detected from any pulsar wind nebula (PWN) associated with the pulsar; our observed upper limits are consistent with the expectation that high magnetic-field pulsars produce radio nebulae that fade rapidly. This system suggests a possible …

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The Parkes Multi-Beam Pulsar Survey - I. Observing And Data Analysis Systems, Discovery And Timing Of 100 Pulsars, Richard N. Manchester, Andrew G. Lyne, Fernando Camilo, Jon F. Bell, Fronefield Crawford Jan 2001

The Parkes Multi-Beam Pulsar Survey - I. Observing And Data Analysis Systems, Discovery And Timing Of 100 Pulsars, Richard N. Manchester, Andrew G. Lyne, Fernando Camilo, Jon F. Bell, Fronefield Crawford

Physics Faculty Scholarship

The Parkes multi-beam pulsar survey is a sensitive survey of a strip along the Galactic plane with and to . It uses a 13-beam receiver on the 64-m Parkes radio telescope, receiving two polarizations per beam over a 288-MHz bandwidth centred on 1374 MHz. The receiver and data acquisition systems are described in some detail. For pulsar periods in the range and dispersion measures of less than 300 cm−3 pc, the nominal limiting flux density of the survey is about 0.2 mJy. At shorter or longer periods or higher dispersions, the sensitivity is reduced. Timing observations are carried out …

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Polarization Properties Of Nine Southern Radio Pulsars, Fronefield Crawford Jan 2001

Polarization Properties Of Nine Southern Radio Pulsars, Fronefield Crawford

Physics Faculty Scholarship

We report on radio polarimetry observations for nine southern pulsars. Six of the nine in the sample are young, with characteristic ages under 100 kyr and high spin-down luminosities. All six show a significant degree of linear polarization. We also confirm a previously noticed trend in which the degree of linear polarization increases with spin-down luminosity. Where possible, we have used the rotating-vector model of the pulsar emission geometry to fit the observed position angle data. Our fit for PSR J1513-5908 (B1509-58) in particular is useful for directly testing the magnetospheric model of Melatos in combination with further timing observations. …

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How Come Hee Haw? : An Exploration Into The How's And Why's Of Hee Haw's Success / By Sally Hodo Walburn, Sally Hodo Walburn Jan 2001

How Come Hee Haw? : An Exploration Into The How's And Why's Of Hee Haw's Success / By Sally Hodo Walburn, Sally Hodo Walburn

Electronic Theses and Dissertations

No abstract provided.

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Computing Efficient Routes In Communication Networks Having Multiple-Constrained Link Costs, Rajesh Bajracharya Jan 2001

Computing Efficient Routes In Communication Networks Having Multiple-Constrained Link Costs, Rajesh Bajracharya

Electronic Theses and Dissertations

No abstract provided.

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Two Young Radio Pulsars Coincident With Egret Sources, Nicolò D'Amico, Victoria M. Kaspi, Richard N. Manchester, Fernando Camilo, Fronefield Crawford Jan 2001

Two Young Radio Pulsars Coincident With Egret Sources, Nicolò D'Amico, Victoria M. Kaspi, Richard N. Manchester, Fernando Camilo, Fronefield Crawford

Physics Faculty Scholarship

We report the discovery and follow-up timing observations of two young energetic radio pulsars. PSR J1420-6048 has a periodP = 68 ms and period derivative = 83 × 10-15, implying a characteristic age τc = 13 kyr and a surface dipole magnetic field strength B = 2.4 × 1012 G. PSR J1837-0604 has P = 96 ms and = 45 × 10-15, implying τc = 34 kyr and B = 2.1 × 1012 G. The two objects have large spin-down luminosities, and, on the basis of an empirical comparison of their properties with those of other young …

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Synthetic Approach To Hexaoxa[6]Peristylanes. A Novel Ddq-Induced Oxidative Rearrangement, Douglas Arthur Otte Jan 2001

Synthetic Approach To Hexaoxa[6]Peristylanes. A Novel Ddq-Induced Oxidative Rearrangement, Douglas Arthur Otte

Honors Theses

The structural beauty and interesting bonding properties of polycyclic cage compounds have been a source of fascination to many chemists. In this work, progress toward the synthesis of large oxabowl systems, such as hexaoxa[6]peristylane and its derivative dipbenylhexaoxa[6)peristylane, is described. Thus, the adduct obtained from the cycloaddition of maleic anhydride and cyc!ooctatetraene is converted into key dicarbonyl intermediates. Subsequently, the ozonolysis of these intermediates is carried out in order to generate hexaoxa(6)peristylane as well as diphenylhexaoxa[6]peristylane. Molecular modeling studies, performed at the semi-empirical level, are also described.

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The Social Construction Of Sexuality: Deconstructing Masters And Johnson, Jason Kennedy Kae-Smith Jan 2001

The Social Construction Of Sexuality: Deconstructing Masters And Johnson, Jason Kennedy Kae-Smith

Masters Theses

No abstract provided.

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Fool Us Once Shame On You—Fool Us Twice Shame On Us: What We Can Learn From The Privatizations Of The Internet Backbone Network And The Domain Name System, Jay P. Kesan, Rajiv C. Shah Jan 2001

Fool Us Once Shame On You—Fool Us Twice Shame On Us: What We Can Learn From The Privatizations Of The Internet Backbone Network And The Domain Name System, Jay P. Kesan, Rajiv C. Shah

Washington University Law Review

One goal of this Article is to describe and document the privatization processes for the backbone network and the DNS. We initially assumed the privatization of the Internet consisted of a simple shift from a subsidized network to a competitive market for backbone services. However, we found the privatization process to be quite complex and problematic. Unfortunately, many of these same problems are reoccurring in the current privatization of the DNS. Our study found three categories of problems that occurred during the privatizations of the Internet’s backbone network and the DNS: procedural problems, problems with the management of competition, and …

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Annual Report 2000, Aozora Bank Ltd. Jan 2001

Annual Report 2000, Aozora Bank Ltd.

Documents

No abstract provided.

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Chapter 2 - General Department. 6th Ed. Vol. Financial Organization And Operations Of The Imf, International Monetary Fund (Imf) Jan 2001

Chapter 2 - General Department. 6th Ed. Vol. Financial Organization And Operations Of The Imf, International Monetary Fund (Imf)

Documents

No abstract provided.

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On The Folkman-Lawrence Topological Representation Theorem For Oriented Matroids Of Rank 3, Jürgen Bokowski, Susanne Mock, Ileana Streinu Jan 2001

On The Folkman-Lawrence Topological Representation Theorem For Oriented Matroids Of Rank 3, Jürgen Bokowski, Susanne Mock, Ileana Streinu

Computer Science: Faculty Publications

We present a new direct proof of the Folkman-Lawrence topological representation theorem for oriented matroids of rank 3. © 2001 Academic Press.

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Foregrounding Motherhood In Toni Morrison's Sula And Beloved, Lindsay Green Jan 2001

Foregrounding Motherhood In Toni Morrison's Sula And Beloved, Lindsay Green

The Oswald Review: An International Journal of Undergraduate Research and Criticism in the Discipline of English

No abstract provided.

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Gang Aft Agley, Carl E. Schneider Jan 2001

Gang Aft Agley, Carl E. Schneider

Articles

In my last contribution to this column (HCR, July-August 2000), I argued that the law of bioethics has repeatedly failed to achieve the hopes cherished for it. I presented evidence, for example, that most doctors breach the duty of informed consent, that advance directives do not direct patients' care, and that repeated legal attempts to increase organ donation have failed to find the success predicted for them. I closed that column by promising to try to explain this chastening experience. It would, of course, take a lifetime of columns to capture all the reasons the law of bioethics …

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