Digital Commons Network^™

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 …

A Thermodynamic And Mechanical Engineering Investigation Of A Reciprocating Joule Cycle Engine, Heather Miriam Kirby-Chambers

School of Engineering, Computing and Mathematics Theses

Current automotive technology is driving towards developing cleaner and more efficient engines that still conform with the public's demand for power and performance. New technologies are also being developed which expand the public's knowledge and awareness of dual fuel, hybrid and even electric vehicles. Gas Turbines, for use at an automobile level have been left largely unexplored (with the exception of Rover in the 1950' s). The application of continuous combustion to a reciprocating engine results in an operating cycle identical to that of a Gas Turbine, but with a reciprocating compressor and expander. This eliminates the efficiency losses associated …

Review: Good Intentions, Christina Murphy

The Writing Center Journal

No abstract provided.

Review: Landmark Essays On Esl Writing, Melinda Reichelt

The Writing Center Journal

No abstract provided.

Announcements

The Writing Center Journal

No abstract provided.

Nwca Information

The Writing Center Journal

No abstract provided.

Front Matter

The Writing Center Journal

No abstract provided.

From The Editors, Albert C. Deciccio, Joan Mullin

The Writing Center Journal

No abstract provided.

Searching For Robert Moore, Neal Lerner

The Writing Center Journal

No abstract provided.

Perspectives On The Directive/Non-Directive Continuum In The Writing Center, Irene Clark

The Writing Center Journal

No abstract provided.

Rail Stations As Locations For Commercial Property Development: The Implications For Dublin, Mark Adamson

Masters

Throughout Europe there are many examples of the redevelopment of rail stations to include significant commercial development as well as the rebuilding of the stations themselves. In Ireland such development is in its infancy with the only major mixed station/commercial development to date being the concourse and office development at Connolly Station in Dublin. The potential of stations for commercial development may be limited by their location, the limited extent and capacity of the rail network and the attitude of the property industry to these locations. However, the potential of these locations in Dublin City may be about to change. …

De Seducción, Perfume Y Ropa Interior: Poesía Y Publicidad En La España Contemporánea, Carmela Ferradans

Scholarship

No abstract provided.

Trembling For The Nation: Illinois Women And The Election Of 1860, Erika Rozinek '01

Honors Projects, History

On November 1, 1860, America was five days away from the election that would decide the next President, and ultimately, the fate of the nation. In Illinois, emotions ran high, and citizens had regularly turned out at political gatherings in full force to endorse their presidential favorite. Both Democrats and Republicans were confidant that the election of their candidate would save the Union, and the election of the opponent would plunge the country into civil war. In Springfield, Illinois Republicans hosted a mass meeting to rally the supporters of Lincoln in the upcoming presidential election and to intimidate the "terror …

The Urban Response To The Rural Land Reform During The Chinese Civil War: 1945-1949, Elizabeth Grad '01

Honors Projects, History

China's internal condition immediately following the end of Japanese occupation was complicated and precarious. The conflicting interests of the Kuomintang and the Communists were pushing the nation into civil war and pressure from the United States only hastened the collapse of an already weak: internal structure. The Japanese occupation of China during the war had significant implications and affected the political fortunes of the Kuomintang and the Communists in diverse ways.

Initially, the War of Resistance against Japan promoted nationalism and Chiang Kai-shek and the Chinese Communists united for the good of the nation. This unity, however, was short lived …

Improving Design And Administration Of Government Support Programmes For Industry, Ronald Crayden Downing

School of Engineering, Computing and Mathematics Theses

This thesis describes the research which has been undertaken into a particular area of policy making in the UK, that of the process of designing and implementing programmes aimed at helping industrial firms to become more competitive. Investigations have focused on how the design process is conducted within the Department of Trade and Industry (DTI), which has lead responsibility for industry in Whitehall. The research had Uvo primary aims. First was to provide a detailed description of the process of designing programmes. Based on the research findings it is proposed that the process comprises the components of'Issue Identification', 'Programme Implementation', …

Modelling Business Processes With Links To Iso 9001, Joachim Gingele

School of Engineering, Computing and Mathematics Theses

This work in the domain of quality management and business process design looks at how the requirements of the ISO 9001 standard for quality management systems are designed and implemented in business. It is the aim of the research reported in this thesis to support manufacturing companies when modelling a Fulfil Order Process by identifying the links to the ISO 9001 quality standard and highlighting potential impact from any changes in the process or the standard during a redesign project. It does so by presenting a modelling technique, named IDEF9000, which will enable companies to take a systemic perspective of …

A Model For Managing Information Flow On The World Wide Web, Michael Paul Evans

School of Engineering, Computing and Mathematics Theses

This thesis considers the nature of information management on the World Wide Web. The web has evolved into a global information system that is completely unregulated, permitting anyone to publish whatever information they wish. However, this information is almost entirely unmanaged, which, together with the enormous number of users who access it, places enormous strain on the web's architecture. This has led to the exposure of inherent flaws, which reduce its effectiveness as an information system. The thesis presents a thorough analysis of the state of this architecture, and identifies three flaws that could render the web unusable: link rot; …

Process-Property-Fabric Architecture Relationships In Fibre-Reinforced Composites, Neil Robert Lewarne Pearce

School of Engineering, Computing and Mathematics Theses

The use of fibre-reinforced polymer matrix composite materials is growing at a faster rate than GDP in many countries. An improved understanding of their processing and mechanical behaviour would extend the potential applications of these materials. For unidirectional composites, it is predicted that localised absence of fibres is related to longitudinal compression failure. The use of woven reinforcements permits more effective manufacture than for unidirectional fibres. It has been demonstrated experimentally that compression strengths of woven composites are reduced when fibres are clustered. Summerscales predicted that clustering of fibres would increase the permeability of the reinforcement and hence expedite the …

Investigation Into Digital Audio Equaliser Systems And The Effects Of Arithmetic And Transform Errors On Performance, Robin John Clark

School of Engineering, Computing and Mathematics Theses

Discrete-time audio equalisers introduce a variety of undesirable artefacts into audio mixing systems, namely, distortions caused by finite wordlength constraints, frequency response distortion due to coefficient calculation and signal disturbances that arise from real-time coefficient update. An understanding of these artefacts is important in the design of computationally affordable, good quality equalisers. A detailed investigation into these artefacts using various forms of arithmetic, filter frequency response, input excitation and sampling frequencies is described in this thesis. Novel coefficient calculation techniques, based on the matched z-transform (MZT) were developed to minimise filter response distortion and computation for on-line implementation. It was …

Working Up A Tan, Gerry Mortimer

Case studies

Ann McLean looked down again at the brochure on her desk. The blue-eyed, white toothed blond, complete with her glowing tan, stared back at her. She opened the small A4 sized brochure and quickly scanned its contents. It was typical ‘Americanese’ and was obviously targeted at the beauty saloons and beauticians. It extolled the virtues of a tanning system called ‘Sunkissed’. She had promised her friend, Susan, that she would at least give her an indication later that week, of whether she was prepared to invest in a project to launch the tanning system in Ireland, and possibly the UK.