Digital Commons Network^™

The Politics Of Art: The View Of Actium In The Aeneid, Kyle Painter '01

Undergraduate Review

No abstract provided.

Foreword: Is Reliance Still Dead?, Randy E. Barnett

San Diego Law Review

In 1996, I published an article entitled The Death of Reliance; based on a talk I gave at the annual meeting of the Association of American Law Schools on recent trends in legal scholarship. In it I claimed there then existed a "new consensus" that a "reliance theory" did not explain the doctrine of promissory estoppel.What exactly a ''reliance theory" is has never been made clear by those who seemed to advocate it-apart from their insistence that, just as tort law rectified the harm caused by physical misconduct, the purpose of contract law was to rectify detrimental reliance caused by …

Remedies For Imperfect Transactions In Contracts And Torts, David W. Barnes

San Diego Law Review

The papers by Professors DeLong, Wonnell, and Kelly in this Symposium address different types of imperfect transactions. Promises that are the subject of section 90 of the Restatement (Second) of Contracts are imperfect in the sense that they lack consideration or are disclaimed in subsequent, formalized, written contracts.' Section 90 authorizes courts to find remedies for reasonable but fruitless expenditures induced by parties who make promises on which they should reasonably expect others to rely.2 Professor DeLong decries courts' formalist strategies for enforcing disclaimers that eliminate these promisors' potential liability for intentionally imperfect transactions.' Taking Professor DeLong's analysis of imperfect …

The Pain Relief Promotion Act Of 1999 And Physician-Assisted Suicide: A Call For Congressional Self-Restraint

San Diego Law Review

Physician-assisted suicide is gaining prominence in our social consciousness as patients and physicians, legislatures and courts wrestle with how best to resolve the profound differences of opinion regarding its practice. This Comment addresses the legal and structural arguments

surrounding whether the decision to permit or prohibit physician- assisted suicide should be made by Congress or by the states.

The Phantom Reliance Interest In Tort Damages, Michael B. Kelly

San Diego Law Review

The reliance interest has fascinated me for some time.' As a measure of damages for breach of contract, it seems theoretically unjustified and flawed in its implementation. In theory, it requires compensation for lost opportunities? In practice, such compensation is rarely provided'

unless one counts the expectation interest as a proxy for opportunities lost in reliance on a promise. In theory, it justifies recoveries that may exceed expectation. Yet, even its progenitors refused to endorse that implication. Why, then, does the reliance interest have continuing appeal

Richardson V. Reno: What Is The Proper Application Of The Illegal Immigration Reform And Immigrant Responsibility Act To Criminal Aliens?

San Diego Law Review

This Casenote questions the Richardson court's holding. Specifically, this Casenote argues that precluding all judicial review, including habeas corpus review, for criminal aliens held removable by the INS violates the Suspension Clause of the United States Constitution. Further, to interpret IIRIRA as eliminating the availability of habeas corpus relief in these circumstances calls into question the constitutionality of the statute due to constitutional limits on Congress's power to control the jurisdiction of Article III courts.

Taxing Income From Mailing List And Affinity Card Arrangements: A Proposal, Kevin M. Yamamoto

San Diego Law Review

The courts' and the Internal Revenue Code ("Code")2 presently treat

income received by a tax-exempt organization for affinity card programs' and mailing list rentals4 similarly; neither type of income is subject to taxation.5 This Article asserts that equal treatment should not be the case. Because donors have not consented to sell their personal information, the exception for royalty income from the unrelated business income tax ("UBIT") should not permit the tax-free rental of a nonprofit organization's mailing list. Affinity card income, on the other hand, should continue to be nontaxable since any income received from these programs comes from the …

An Investigation Of Residual Stresses Induced By Forming Processes On The Fatigue Resistance Of Automotive Wheels, Patrick James Mcgrath

School of Engineering, Computing and Mathematics Theses

The nature and scope of this thesis relates to obtaining an understanding of the way in which sheet metal forming processes affect the residual stresses (plastic deformation) and the fatigue perfomiance of wheel centre discs made of a dual phase steel. Automotive wheels are mainly manufactured from sheet metal plate by forming processes using tools and dies. This manufacturing process is directly concemed with deforming the plate under predominantly applied tensile forces where the component acquires a sfress state which is multi-axiial. This stress state is both complex and difficult to assess from an analytical point of view and thus …

An Operator-Based Account Of Semantic Processing, Deryle W. Lonsdale, C. Anton Rytting

Faculty Publications

This paper explores issues of psychological plausibility in modeling natural language understanding within Soar, a symbolic cognitive model. It focuses on constructing syntactic and semantic representations in simulated real time, with particular emphasis on word sense disambiguation (WSD). We discuss (i) what level of WSD should be modeled and (ii) how to use resources such as WordNet to inform these models. A preliminary model of coarse-grained WSD is included to show how syntactic, semantic, and other knowledge sources interact in Soar. Finally, we explore issues of interleaving, learning, and integrating other WSD approaches with Soar's native model of learning.

All The World's A Stage: Playing Our Part In The Social Care Or Child And Youth Care Production, Niall Mcelwee

Irish Journal of Applied Social Studies

No abstract provided.

The Education And Training For Work Of People With Mental Health Problems: Issues Arising From Recent Changes In Ireland, John Wells

Irish Journal of Applied Social Studies

The value of vocational training and work is well established as an important contributor towards the successful rehabilitation and recovery maintenance of people who have had or have mental health problems. Recent changes to the statutory framework governing socially integrative disability policy have certain implications for the successful establishment and co-ordinated working of specialist vocational and educational schemes for people with mental health problems. This editorial article reviews the literature on employment, training and its value to mental health rehabilitation in order to examine these implications.

Obstacles To The Professionalisation Of Residential Child Care Work, David Williams, Kevin Lalor

Irish Journal of Applied Social Studies

No abstract provided.

Seven Principles Of Effective Teaching: A Practical Lens For Evaluating Online Courses, Charles R. Graham, Kursat Cagiltay, Byung-Ro Lim, Joni Craner, Thomas M. Duffy

Faculty Publications

The "Seven Principles for Good Practice in Undergraduate Education," originally published in the AAHE Bulletin (Chickering & Gamson, 1987), are a popular framework for evaluating teaching in traditional, face-to-face courses. The principles are based on 50 years of higher education research (Chickering & Reisser, 1993). A faculty inventory (Johnson Foundation, "Faculty," 1989) and an institutional inventory (Johnson Foundation, "Institutional," 1989) based on these principles have helped faculty members and higher-education institutions examine and improve their teaching practices.

We, a team of five evaluators from Indiana University's Center for Research on Learning and Technology (CRLT), recently used these principles to evaluate …

Sharing Health-Care Records Over The Internet, Jane Grimson, Gaye Stephens, Benjamin Jung, William Grimson, Damon Berry, Sebastien Pardon

Articles

Presents a novel approach to sharing electronic health-care records that leverages the Internet and the World Wide Web, developed as part of two European Commission-funded projects, Synapses and SynEx. The approach provides an integrated view of patient data from heterogeneous, distributed information systems and presents it to users electronically. Synapses and SynEx illustrate a generic approach in applying Internet technologies for viewing shared records, integrated with existing health computing environments. Prototypes have been validated in a variety of clinical domains and health-care settings

Relational Victimization In Childhood And Adolescence: I Hurt You Through The Grapevine, Nicki R. Creek, David A. Nelson, Julie R. Morales, Crystal Cullerton-Sen, Juan F. Casas, Susan E. Hickman

Faculty Publications

Sylvia usually feels pretty good about herself, but lately her friends at school have been acting a little strangely toward her. When she goes to sit with them in the cafeteria at lunch, everyone stops talking. When she passes people in the hall, she hears them whispering behind their hands. And then just yesterday she overheard someone saying that Mindy was having a birthday party, and she hasn't been invited. What Sylvia doesn't know is that Mindy has been spreading gossip about her to their mutual friends ever since Sylvia beat her out for the lead in the school play. …

Annual Report 1 September 2000 - 31 August, 2001, Dublin Institute Of Technology

DIT Annual Reports

No abstract provided.

The Dynamics Of Cultural Production In Ireland: Economic Strategy, Digital Technology And Public Policy Making, Ellen Hazelkorn

Books/Book chapters

The last ten years has seen Ireland, now dubbed the ‘Celtic tiger’ of Europe, achieve an economic about-turn. A key element of this growth has been new technology. Irish policy makers have focused increasingly on a growth strategy led by the information and communications technologies (ICTs) as a means to leapfrog historic and geographic limitations of the earlier industrial revolution and ‘jump-start’ Irish economic growth. Taking advantage of rapid social structural changes, relatively high public investment/endorsement of education and advanced skills, and a ‘natural’ reservoir of creativity, that strategy has sought to market Ireland as an ‘information gateway’, an English-speaking …

Unaccompanied Minors: An Information Booklet, Dervla King

Other resources

Information booklet commissioned by the National Children's Resource Centre, Barnados, 2001.

The 2000 Federal Civil Rules Revisions, Carl Tobias

San Diego Law Review

The first section of this Essay surveys the historical background of the 2000 group of amendments to the Federal Rules of Civil Procedure. The second portion of the Essay selectively evaluates the most contested and important constituents of the package of revisions and analyzes the effects that federal district court implementation of the 2000 amendments alone and together will apparently have. Ascertaining that several modifications are somewhat controversial and that, individually or in combination, they could have relatively significant impacts, the third segment affords suggestions for future action that members of the legislative and judicial branches, lawyers and parties should …

United States V. Locke, 529 U.S. 89 (2000)

San Diego Law Review

The Ports and Waterways Safety Act (PWSA) authorizes, but does not require, the United States Coast Guard to enact prophylactic measures for regulating ocean vessel traffic, protecting waterway navigation, and protecting the marine environment. I The United States Supreme Court recently decided that individual states do not have the authority to enact oil tanker laws and regulations that are more restrictive than the federal

PWSA. Citing the Supremacy Clause, z the Supreme Court, in United States v. Locke, 3 held that a federal determination that a vessel is sufficiently safe to navigate United States waters trumps contrary or inconsistent state …

Hate In Cyberspace: Regulating Hate Speech On The Internet, Alexander Tsesis

San Diego Law Review

The speed at which information can be spread throughout the United States and other countries has been greatly enhanced by the Internet. This computer-driven, technological medium consists of various modes of transmission, including discussion groups, interactive pages, and mail services. A wide variety of pictorial, auditory, and written information is available on the Internet. Persons with disparate goals can access and affect large audiences through it. Both those seeking social improvement and those promoting racist violence can now increase the magnitude, diversity, and location of their audiences. Persons advancing

democratic ideals and those inclined to exclusionary elitism can use e- …

Privatizing Social Security, Jerry W. Markham

San Diego Law Review

This Article will address the debate and discuss regulatory concerns that would arise with the creation of private social security accounts. As will be shown, the present system fails to provide real social security, and deprives those most in need of a retirement program of an opportunity to increase their wealth or to have a comfortable retirement. Shifting to a private system would be expensive, but could be accomplished through recognition of the benefits of private investments and through a program of tax credits and deductions. Existing regulatory requirements protect private social security account holders from fraud, as well as …

Tobacco Tort Litigation In California: A Better Understanding Of Civil Code Section 1714.45, Stephen D. Sugarman

San Diego Law Review

Before 1963, lawsuits in California by victims of product injuries were either handled under principles of negligence or they were cast as contract claims that drew on “implied warranty” principles.8 For example, if someone bought a loaf of bread from a local bakery, took a bite out of the loaf, and it turned out that a sharp pin hidden in the bread injured the person, the victim could sue the bakery (1) in tort, claiming that the bakery negligently allowed the pin to get into the bread, or (2) in contract, claiming that in providing this sort of bread the …

The Supreme Court, The Florida Vote, And Equal Protection, Larry Alexander

San Diego Law Review

The Supreme Court majority in Bush v. Gore1 has taken a lot of flak for its ruling that the Florida count of undervotes violated the Equal Protection Clause of the Fourteenth Amendment. Commentators, and not only those on the left, have labeled the Court’s reasoning as without basis in precedent, weak in its logic, and breathtakingly sweeping in its implications.2 For those inclined to suspect the justices of naked partisanship, the equal protection argument did nothing to allay those suspicions.

It is argued in this Essay, however, that the case for an equal protection violation is supported both by precedent …

“God Told Me To Kill”: Religion Or Delusion?, Grant M. Morris, Ansar Haroun

San Diego Law Review

This Article explores how, in assessing the motivation of those who kill because they believe they were directed by God to do so, society distinguishes religious-based decisions from delusional decisions that result from mental disorder. Part II discusses how religion is defined in our society, and Part III considers the extent to which religious conduct, as opposed to religious belief, is protected from governmental intrusion.

Sex Changes And “Opposite-Sex” Marriage: Applying The Full Faith And Credit Clause To Compel Interstate Recognition Of Transgendered Persons’ Amended Legal Sex For Marital Purposes

San Diego Law Review

This Comment argues that, in most cases, states are constitutionally bound to give full faith and credit to laws and judgments rendered in

sister states, including those that result in changes of the sex designated on birth certificates. The sex designated on the birth certificate controls gender identity for all legal purposes of the individual named therein. Therefore, unless a forum state demonstrates that allowing transsexuals and intersexuals to marry in their legal gender is contrary to an important state interest, that state must recognize “opposite-sex” marriages involving transsexuals and intersexuals.

Which Public, Whose Interest? The Fcc, The Public Interest, And Low-Power Radio

San Diego Law Review

Faced with legal challenges8 and, in 1998 alone, over 13,000 inquiries from people and groups interested in starting low-power stations, the government relented, and in January 2000, completed a process creating a new low-power FM (LPFM) service.9 In the space of two years, the FCC had gone from raiding and shutting down microradio stations to inviting applications for low-power broadcast licenses. Such a dramatic shift in policy could only come about through a reinterpretation of the public interest standard. Part III of this Comment continues by analyzing

the concept of the public interest that underlies the new LPFM service and …

On-Road Remote Sensing Of Automobile Emissions In The Phoenix Area: Year 2, Sajal S. Pokharel, Gary A. Bishop, Donald H. Stedman

Fuel Efficiency Automobile Test Publications

The University of Denver conducted a five-day remote sensing study in the Phoenix, AZ area in the fall of 1999. The remote sensor used in this study is capable of measuring the ratios of CO, HC, and NO to CO2 in motor vehicle exhaust. From these ratios, we calculate mass emissions per kg (or gallon) of fuel and the percent concentrations of CO, CO2, HC and NO in motor vehicle exhaust which would be observed by a tailpipe probe, corrected for water and any excess oxygen not involved in combustion. The system used in this study was also configured to …

The Application Of Real-Time Software In The Implementation Of Low-Cost Satellite Return Links, James Tom Slader

School of Engineering, Computing and Mathematics Theses

Digital Signal Processors (DSPs) have evolved to a level where it is feasible for digital modems with relatively low data rates to be implemented entirely with software algorithms. With current technology it is still necessary for analogue processing between the RF input and a low frequency IF but, as DSP technology advances, it will become possible to shift the interface between analogue and digital domains ever closer towards the RF input. The software radio concept is a long-term goal which aims to realise software-based digital modems which are completely flexible in terms of operating frequency, bandwidth, modulation format and source …

Natural Algorithms In Digital Filter Design, Stephen Penberthy Harris

School of Engineering, Computing and Mathematics Theses

Digital filters are an important part of Digital Signal Processing (DSP), which plays vital roles within the modern world, but their design is a complex task requiring a great deal of specialised knowledge. An analysis of this design process is presented, which identifies opportunities for the application of optimisation. The Genetic Algorithm (GA) and Simulated Annealing are problem-independent and increasingly popular optimisation techniques. They do not require detailed prior knowledge of the nature of a problem, and are unaffected by a discontinuous search space, unlike traditional methods such as calculus and hill-climbing. Potential applications of these techniques to the filter …